EXHIBIT A
The following areas are all areas that have been approved by the City Council for inclusion in the Neighborhood Permit Parking Program and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Parking Program shall be made by amending this Master Resolution.
CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING AREA “A”
1. West side of Cambridge St. from Chapman Ave. to Lomita Ave. adjacent to residential land uses.
2. Both sides of Center St. from Chapman Ave. to Palm Ave. adjacent to residential land uses.
3. East side of Center St. from Palm Ave. to Walnut Ave.
4. Both sides of Cleveland St. from Chapman Ave. to Sycamore Ave. adjacent to residential land uses.
5. East side of Cypress St. from Palm Ave. to 637 feet north of Walnut Ave.
6. Both sides of Cypress St. from Walnut Ave. to Sycamore Ave.
7. Both sides of Everett Pl. from Shaffer St. to Glassell St.
8. Both sides of Glassell St. from Walnut Ave. to Rose Ave.
9. Both sides of Glassell St. from Lomita Ave. to Walnut Ave.
10. East side of Grand St. from Chapman Ave. to Maple Ave. adjacent to residential land uses.
11. Both sides of Grand St. from Maple Ave. to Palm Ave.
12. Both sides of Grand St. from Everett Pl. to Walnut Ave.
13. Both sides of Grand St. from Everett Pl. to Lomita Ave.
14. Both sides of Harwood St. from 146 feet north of Chapman Ave. to the northern terminus of Harwood St.
15. Both sides of Jefferson Ave. from Harwood St. to Shaffer St.
16. East side of Lemon St. from Chapman Ave. to Palm Ave. adjacent to residential land uses.
17. Both sides of Lemon St. from Palm Ave. to Walnut Ave. adjacent to residential land uses.
18. West side of Lemon St. from Walnut Ave. to 644 feet north of Walnut Ave.
19. Both sides of Lomita Ave. from Cambridge St. to Lemon St. adjacent to residential land uses.
20. Both sides of Maple Ave. from Cambridge to Cypress St. adjacent to residential land uses.
21. Both sides of Mayfair Ave. from Shaffer St. to Lemon St.
22. Both sides of Olive St. from Chapman Ave. to the northern terminus of Olive St. adjacent to residential land uses.
23. Both sides of Olive St. from Sycamore Ave. to Rose Ave.
24. Both sides of Orange St. from Maple Ave. and Palm Ave.
25. Both sides of Orange St. from Walnut Ave. to the northern terminus of Orange St.
26. Both sides of Orange St. from Lomita Ave. to the southern terminus of Orange St.
27. Both sides of Palm Ave. from Cambridge St. to Lemon St. adjacent to residential land uses.
28. Both sides of Rose Ave. from Glassell St. to Orange St.
29. Both sides of Shaffer St. from Chapman Ave. to Lomita Ave. adjacent to residential land uses.
30. Both sides of Sycamore Ave. from Cambridge St. to Center St. adjacent to residential land uses.
31. North side of Sycamore Ave. at 145 W. Sycamore Ave. adjacent to residential land uses.
32. Both sides of Walnut Ave. from Cambridge St. to Cypress St. adjacent to residential land uses.
33. Both sides of N. Shaffer St. between Chapman Ave. and Walnut Ave. 827
Exhibit A
34. Both sides of E. Maple Ave. between Shaffer St. and Cleveland Ave.
35. Both sides of E. Mayfair Ave. between Shaffer St. and Grand St.
AREA “B”
1. Both sides of Adams Ave. from Glassell St. to Grand St.
2. Both sides of Hoover Ave. from Glassell St. to Grand St.
3. Both sides of Quincy Ave. from Glassell St. to Grand St.
4. Both sides of Wilson Ave. from Glassell St. to Grand St.
AREA “C”
1. Both sides of Compton Ave. from Manchester Ave. to Lewis St.
2. East side of Lewis St. from the northerly property line at 4035 Compton Ave. to the southern property line of 119 N. Lewis St.
3. West side of Manchester Ave. from Sheringham Ave. to Compton Ave.
4. North side of Sheringham Ave. from Manchester Ave. to Windgap Dr.
5. South sides of Sheringham Ave. from Woodridge Cr. to Windgap Dr.
6. Both sides of Sunningdale Cr. from Compton Ave. south to include the cul-de-sac.
7. Both sides of Windgap Dr. from Compton Ave. south to include the cul-de-sac.
8. West side of Woodridge Cr. from Sheringham Ave. south to include the cul-de-sac.
9. East side of Woodridge Cr. from the northerly property line of 119 N. Woodridge Cr. south to include the cul-de-sac.
AREA “D”
1. Both sides of Dunas St. from Maple Ave. north to include the cul-de-sac.
2. Both sides of Maple Ave. from Prospect St. to Olympia Way.
3. Both sides of Olympia Way from Maple Ave. to Spring St.
4. Both sides of Shasta St. from Maple Ave. north to include the cul-de-sac.
5. Both sides of Vine Ave. from Olympia Way to its western terminus.
6. Both sides of First St. from Chapman Ave. north to include the cul-de-sac.
7. Both sides of Pearl Ave. from First St. to McPherson Rd.
8. East side of McPherson Rd. from 131 to 133 N. McPherson Rd.
AREA “E”
1. West side of Elm St. south of Sycamore Ave. to include the cul-de-sac.
AREA “F”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.
1. Both sides of Almond Ave. from Prospect St. to Violet Ln.
2. Both sides of Kathleen St. from Chapman Ave. to Palmyra Ave.
3. Both sides of Palmyra Ave. from Craig Dr. to Prospect St.
4. East side of Prospect St. from Almond Ave. to Palmyra Ave.
5. Both sides of Violet Ln. from Almond Ave. to Palmyra Ave.
AREA “G”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m. 828
Exhibit A
1. Both sides of Euclid Ave. from James St. to Seranado St.
2. Both sides of James St. from Sycamore Ave. to Euclid Ave.
3. Both sides of Palm Ave. from Swidler St. to Seranado St.
4. Both sides of Sycamore Ave. from Swidler St. to Seranado St.
5. Both sides of Seranado St. from Spring St. to Walnut Ave.
6. Both sides of Silverleaf Ave. from Thomas St. to Seranado St.
7. Both sides of Spring St. from Swidler St. to Seranado St.
8. Both sides of Swidler St. from Spring St. to Walnut Ave.
9. Both sides of Thomas St. from Sycamore Ave. to Silverleaf Ave.
10. Both sides of Walnut Ave. from Swidler St. to Seranado St.
AREA “H”
1. Both sides of Shaffer St. beginning 390 feet north of Katella Ave. and ending at Trenton Ave. (R-1 zoned single-family residences only.)
AREA “I”
1. Both sides of Almond Ave. from Prospect St. to Dunas St.
2. Both sides of Century Ave. from James St. to Thomas St.
3. Both sides of Craig Dr. 100 feet south of Roberta Dr. to Prospect St.
4. Both sides of Dunas St. from Palmyra Ave. to Almond Ave.
5. Both sides of James St. from Century Dr. to LaVeta Ave.
6. North side of LaVeta Ave. from Prospect St. to Dunas St.
7. Both sides of Merelet Ln. from Craig Dr. to include the cul-de-sac.
8. Both sides of Olympia Way from Palmyra Ave. to Almond Ave.
9. North side of Palmyra Ave. from Prospect St. to Thomas St.
10. Both sides of Ruth Pl. easterly of James St.
11. Both sides of Ruth Pl. from Prospect St. to Olympia Way.
12. Both sides of Shasta St. from Palmyra Ave. to Almond Ave.
13. Both sides of Thomas St. from Century Dr. to Palmyra Ave.
AREA “J”
1. Both sides of Binnacle Ave. from Jetty Dr. to its easterly terminus.
2. North side of Chapman Ave. from Jetty Dr. to 4537 W. Chapman Ave.
3. North side of Chapman Ave. frontage road from Jetty Dr. to cul-de-sac.
4. Both sides of Grant Pl. from Chapman Ave. northerly to include the cul-de-sac.
5. Both sides of Jetty Dr. from Chapman Ave. to Sirius Ave.
6. West side of Lewis St. from Sirius Ave. to Simmons Ave.
7. South side of Simmons Ave. from Lewis St. to Spinnaker St.
8. Both sides of Sirius Ave. from Lewis St. to Jetty Dr.
9. Both sides of Spinnaker St. from Binnacle Ave. to Simmons Ave.
10. Both sides of Stay Court easterly of Jetty Dr.
11. Both sides of Tiller Ave. from Lewis St. to Spinnaker St.
AREA “K”
1. Both sides of the 2700 block of E. Bennett Ave.
2. Both sides of the 2700 block of E. Killingsworth Ave.
3. Both sides of the 100-200 blocks of N. Malena Dr.
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Exhibit A
4. Both sides of the 2700 block of E. Sherman Ave.
5. Both sides of the 100-200 blocks of N. Wheeler St.
AREA “L”
1. Both sides of Jacaranda Ave. from Morgan St. to Mallard St.
2. Both sides of Juniper Ave. from Morgan St. to Mallard St.
3. Both sides of Mallard St. from Collins Ave. northerly to 985 N. Mallard St.
4. Both sides of Morgan St. from Collins Ave. northerly to 986 N. Morgan St.
AREA “M”
1. Both sides of Citrus St. from Almond Ave. to the southerly commercial property lines south of Chapman Ave.
AREA “N”
1. West side of Bedford Rd. from LaVeta Ave. to Bronson Ave.
AREA “O”
1. The north side of Spring St. from Hewes St. to Earlham St.
AREA “P”
1. Both sides of the 1000 block of Gardner Dr.
2. Both sides of the 1000 block of Greengrove St.
3. Both sides of Monroe Ave. from California St. to Lincoln St.
4. Both sides of Quincy Ave. from California St. to Lincoln St.
5. Both sides of Lincoln St. between Adams Ave. and Wilson Ave. including the cul-de-sac.
6. West side of Lincoln St. from 990 N. Lincoln St. to Adams Ave.
7. East side of Lincoln St. from 1073 N. Lincoln St. to Adams Ave.
8. Both sides of Adams Ave. between Lincoln St. and California St.
AREA “Q”
1. Both sides of the 8500 block of Biscayne Way.
2. Both sides of the 8500 block of Deershire Ct.
3. Both sides of the 200 block of Fairfield Ln.
4. Both sides of the 200 block of Firenza Way.
5. Both sides of the 8500 block of Heatherview Ln.
AREA ‘R’
1. Both sides of San Luis Dr. from 7821 (north side) to Santa Cruz Ave., and from 7816 (south side) to the beginning of 8132.
2. 8102 and 8110 Santa Cruz Ave. (south side).
3. Both sides of Santa Maria St. between San Luis Dr. and Santa Cruz Ave.
AREA “S”
1. Both sides of Poplar St. between Maple Ave. and the cul-de-sac.
2. North side of Maple Ave. between Stevens St. and 1949 W. Maple Ave.
3. South side of Maple Ave. from Stevens St. to 2010 W. Maple Ave. 830
Exhibit A
4. Both sides of Eckhoff St. between 130-283 N. Eckhoff St.
AREA “T”
1. Both sides of Cully Dr. from the westerly property lines of 861 and 864 W. Cully Dr. to the cul-de-sac.
2. Four spaces on the east side of Eckhoff St. from the southerly limit to W. Arbor Way (approximately 110 feet).
3. Five spaces on the east side of Eckhoff St. from 45 feet north of W. Arbor Way end of curb return to Maple Ave. (approximately 140 feet. It allows one parking space to remain in the permit parking program just north of the driveway at 2037 W. Arbor Way for visibility).
4. Three spaces on the east side of Eckhoff St. north of Willow Ave. to the northerly limit (approximately 70 feet).
5. Two spaces on the east side of Eckhoff St. from the existing red curb north of Maple Ave. to the driveway south of 206 N. Eckhoff St.
AREA “U”
1. Both sides of Waverly St. from the northerly property lines of 133 and 138 S. Waverly St. to Almond Ave.
AREA “V”
1. The south side of E. Rose Ave. from 1932/1934 to N. Highland St.
2. Both sides of N. Highland St. from E. Rose Ave. to E. Barkley Ave.
3. Both sides of E. Mayfair Ave. from 1740 E. Mayfair Ave. to N. Highland St.
4. The south side of E. Lomita Ave. from 1734/1736 to N. Highland St.
5. The north side of E. Lomita Ave. from 1901 to N. Highland St.
6. Both sides of E. Barkley Ave. from the cul-de-sac to N. Highland St.
7. Both sides of the cul-de-sacs of N. Victoria Dr., N. Russell Dr., and N. Shirley Dr., north of E.
Mayfair Ave.
AREA “W”
1. Both sides of Madison Ave. from Wayfield St. to the cul-de-sac.
2. Both sides of Orange Grove Ave. from Wayfield St. to the westerly property lines of 1743/1744 E. Orange Grove Ave.
3. East side Wayfield St. between Orange Grove Ave. and the southerly property lines of 550/555 Wayfield St.
4. West side of Wayfield St. between Orange Grove Ave. and Madison Ave.
AREA “X”
1. South side of Collins Ave. from Hart St. to 2842 E. Collins Ave.
AREA “Y”
1. Both sides N. Citrus St. from Walnut Ave. to W. Sycamore Ave. 831
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Agenda Item
City Traffic Commission
Item #: 4.1. 2/9/2022 File #: 22-0079
TO: Chair and Members of the City Traffic Commission
THRU: Larry Tay, City Traffic Engineer
FROM: Dave Allenbach, Transportation Analyst
1. SUBJECT
Request for permit parking on the south side of Collins Avenue from Hart Street to 2842 Collins Avenue.
2. SUMMARY
A request was made to implement permit parking on the aforementioned street. The request meets the requirements of the City’s Neighborhood Permit Parking Program, and received adequate support from affected residents.
3. RECOMMENDED ACTION
Approve the request; and forward to the City Council for final approval
4. FISCAL IMPACT
The total expenditure for the project is $500 and will be funded in Minor Traffic Control Devices (16302) through Traffic Improvement Measure M2 (263).
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public.
6. DISCUSSION AND BACKGROUND
In September 2021, the Traffic Engineering Division (“staff”) received a request that the south side of Collins Avenue between Hart Street and 2842 Collins Avenue (generally between Hart Street and Fire Station 2) be added to the City’s Neighborhood Parking Permit Program (NPPP.) This segment of Collins Avenue is just over one block in length and affects ten parking spaces. For permit parking to be considered, all NPPP guidelines and criteria must be met, including those for parking occupancy and neighborhood support.
Parking Occupancy
Staff mapped and counted the number of legal parking spaces in the affected area. Because the demand for on-street parking was highest in the evenings, staff conducted the parking observations during those hours. Beginning at 5:30 P.M., and progressively later each night, staff made seven observations in the subject neighborhood, including one Sunday observation. Per the City’s adopted NPPP, a street parking occupancy rate of 75% is required to qualify for permit parking. The level of City of Orange Page 1 of 3 Printed on 2/3/2022
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Item #: 4.1. 2/9/2022 File #: 22-0079
parking occupancy observed by staff for the study area is 82.9%.
Petition
Because the parking occupancy exceeded the minimum 75% threshold, a petition was circulated to determine the level of neighborhood support. A petition letter and a list of permit parking advantages and disadvantages were sent to each of the resident or absentee property owners and in the study area.
Affected Streets Households In Favor Households OpposedUnreturned Collins Ave. 8 87.5% 0 0% 1 12.5%
The above petition results indicate that this segment of Collins Avenue has 87.5% of property owners in favor of the permit parking program, which exceeds the minimum NPPP requirement of 75%.
Based on the above, the parking occupancy and petition support thresholds are satisfied. In addition, Collins Avenue satisfies all other requirements of the NPPP for permit parking consideration.
If approved, the Orange Police Department would issue the permits to eligible households Participation in the permit program is voluntary; however, after implementation any vehicle parked on the street without a permit will be subject to citation.
Analysis
Staff has documented a consistently high demand for on-street parking in the subject area that becomes progressively greater through the evening hours. The level of parking demand exceeds the minimum requirements under the policies of the NPPP. Upon receipt of any permit parking request, staff defines the limits and extent of the potential permit parking area (study area.) In certain cases, the study area is modified or expanded in order to pre-emptively mitigate the potential shift of parking demand onto adjacent streets with questionable parking capacity.
In this particular case, when establishing the study area, staff also evaluated parking demand on the adjoining streets of Hart Street and Barkley Avenue. The results of the evaluation indicated that parking demand on these streets does not appear high enough to meet parking occupancy thresholds, even if all ten vehicles displaced from Collins Avenue were to move into the adjoining neighborhood. In addition, any displacement of vehicles is likely to distribute among various streets in a manner that would minimize impacts to any one location. Therefore, proposed permit parking area is confined to the originally requested limits described above and similar in size to several previously approved permit parking areas within the city.
Recommendation
Staff recommends that the Traffic Commission approve the implementation of a Neighborhood Parking Permit Program on the south side of Collins Avenue from Hart Street to 2842 E. Collins Avenue.
The proponent and all residents within potential impact areas of this neighborhood were notified of this item on Traffic Commission Meeting agenda.
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Item #: 4.1. 2/9/2022 File #: 22-0079
7. ATTACHMENTS
· Letter of Request and Receipt for Application Fee
· Notification Letter and Receipt for Remaining Application Fee · Area Map
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7. ATTACHMENTS
· Letter of Request and receipt for Application Fee
· Notification Letter and receipt for remaining application fee · Area Map
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C:\Granicus\Legistar5\L5\Temp\1c27630d-b37b-4170-9f2a-08bd41d6699a.docx December 3, 2021
Mr. Ricardo Noguera
2828 E. Collins Ave.
Orange, CA. 92867
Re: The Application for a Neighborhood Parking Permit Program.
Dear Mr. Noguera,
The Traffic Engineering Division has completed the initial field assessment of your street and found that the 2700/2800 block of East Collins Avenue has exceeded the minimum threshold of parking occupancy for consideration of the implementation of a Parking Permit Program in your neighborhood.
In order to move to the petition phase you will need to provide the remaining fifteen hundred dollar ($2,622) of the application fee to the Public Works Department. Once we have received the remainder of the application fee we will assemble the petition letters for you to be distributed to the qualified residents and or property owners in your neighborhood. We would like to receive the remaining fees within thirty (30) days of your receipt of this letter.
Thank you for your interest in the Neighborhood Parking Permit Program if you have any questions about the Parking Permit Program please contact Dave Allenbach at (714) 744-5540.
Regards,
Larry Tay
Traffic Engineer
City of Orange
Public Works Department
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NPPP AREA "Y"
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Agenda Item
City Traffic Commission
Item #: 4.1. 5/11/2022 File #: 22-0274
TO: Chair and Members of the City Traffic Commission
THRU: Larry Tay, City Traffic Engineer
FROM: Dave Allenbach, Transportation Analyst
1. SUBJECT
Request to implement permit parking on both sides of Citrus Street between Sycamore and Walnut Avenues
2. SUMMARY
A request was made to implement permit parking on the aforementioned street. The request meets the requirements of the City’s Neighborhood Permit Parking Program and received adequate support from affected residents.
3. RECOMMENDED ACTION
Approve the request, and forward to the City Council for final approval.
4. FISCAL IMPACT
The total expenditure for the project is $1,000 and will be funded in Minor Traffic Control Devices (16302) through Traffic Improvement Measure M2 (263).
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public.
6. DISCUSSION AND BACKGROUND
Background
A resident of Citrus Street submitted a request to initiate the process for neighborhood permit parking on Citrus Street on March 21, 2021. Upon receipt of the application fee, Traffic Division staff initiated the evaluation process by establishing a study area and conducting a parking occupancy study to determine which streets would be eligible under the City’s Neighborhood Permit Parking Program (NPPP) guidelines.
While the original request was submitted for Citrus Street only, staff believed that potential impacts to portions of Sycamore Avenue and Batavia Street, if permit parking were to be approved, warranted the inclusion of these streets in the study area. Doing so would provide those residents with an opportunity to participate in the permit parking process.
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Existing Conditions
Staff mapped and counted the number of legal parking spaces for each of the three streets in the study area. Because the demand for on-street parking was highest in the evenings, staff conducted the parking observations during those hours. Beginning at 5:30 P.M., and progressively later each night, staff made ten observations in the subject neighborhood, including one Sunday observation. In accordance with the City’s adopted NPPP, a street parking occupancy rate of 75% is required to qualify for permit parking. The level of parking occupancy observed by staff for all the streets in the study area is just over 79%.
Because parking occupancy exceeded the minimum 75% threshold, a petition was circulated to determine the level of neighborhood support. A petition letter and a list of permit parking advantages and disadvantages were provided by the Traffic Division to each of the property owners (resident and absentee) in the study area. Traffic Division staff mailed petition letters to the unresponsive property owners on two separate occasions to encourage public input, with the follow-up efforts producing additional responses. The table below shows the street-by-street results of the neighborhood polling as of April 21, 2022.
Affected Streets Households In Favor Households OpposedUnreturned Citrus Street 26 83.9% 0 0% 6 19%
Batavia Street 5 35.7% 0 0% 9 64.3%
Sycamore Ave. 4 26.6% 1 6% 10 66.6%
The final petition results indicate that only Citrus Street meets the minimum 75% support required by the NPPP, with 83.9% of property owners in favor. Batavia Street and Sycamore Avenue had 35.7% and 26.6% in favor, respectively, far below the required threshold.
Analysis
Staff has documented a consistently high demand for on-street parking on the subject street that becomes progressively greater through the evening hours. The level of parking demand exceeds the minimum requirements under the policies of the NPPP. While the three streets comprising the study area meet the parking occupancy requirements, only Citrus Street demonstrated the necessary support to implement permit parking.
Given the existing parking demand on Batavia Street and Sycamore Avenue, it is not likely that the parking situation would get substantially worse for residents of those streets if they are voluntarily excluded from the parking permit program. However, the following should be kept in mind:
1. Should the residents of Batavia Street and Sycamore Avenue wish to be included in the permit program in the future, they will be required to pay the application fees and meet any program requirements that are in place at the time the request is submitted.
2. Any vehicle parked in a designated parking-by-permit area without a permit is subject to citation; furthermore, parking permits do not supersede street sweeping restrictions in the neighborhood.
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Recommendation
Based on the above, staff recommends that the City Traffic Commission approve the implementation of a Neighborhood Parking Permit Program for the following street segments, and forward to the City Council for final approval:
Both sides of Citrus Street from Walnut Avenue to Sycamore Avenue.
The proponent and all residents and businesses within potential impact areas of this neighborhood were notified of this item on Traffic Commission Meeting agenda. In response to said notice and notwithstanding the petition results, four letters were submitted to the city expressing concern over the proposal.
7. ATTACHMENTS · Letter of Request and receipt for Application Fee · Notification Letter and receipt for remaining application fee · Area Map
· Letters of Concern
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City of Orange
City Traffic Commission
May 11, 2022
MINUTES - DRAFT
The Traffic Commission of the City of Orange, California convened on May 11, 2022, at 5:30 p.m. in a Special Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
1. OPENING/CALL TO ORDER
Chair Beil called the meeting to order at 5:30 p.m.
1.1 PLEDGE OF ALLEGIANCE
Commissioner Ricci led the flag salute.
1.2 ROLL CALL
Present: Feliz, Dick, Ricci, and Beil
Absent: Vaughan
2. PUBLIC COMMENT
Heather Carr - spoke in concern about parking on Palm Avenue and connecting neighborhoods.
3. CONSENT CALENDAR
3.1. Approval of meeting minutes of the Traffic Commission of the City of Orange for the March 09, 2022, Regular Meeting.
ACTION: A motion was made by Commissioner Dick, seconded by Vice Chair Feliz, to approve the Consent Calendar as presented. The motion carried by the following vote:
Ayes: Feliz, Dick, Ricci, and Beil
Noes: None
Absent: Vaughan
4. CONSIDERATION ITEMS
4.1. Request to implement permit parking on both sides of Citrus Street between Sycamore and Walnut Avenues
John Bivens- item was not in the agenda for permit parking on Wayfield St.
Spoke generally in favor of the item:
Holly Cislo
Ryan Kelaher
Thaddeus Smith
Jo Wiencek
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City Traffic Commission Minutes - Draft May 11, 2022
Mark Merino
Charles Topf
Robert Robinson
Suzanne Bailey- spoke generally in concern of the item.
A motion was made by Commissioner Ricci, seconded by Vice Chair Feliz, to:
Approve the request; and forward to City Council for approval.
The motion carried by the following vote:
Ayes: Feliz, Dick, Ricci, and Beil
Noes: None
Absent: Vaughan
5. ADMINISTRATIVE REPORTS
None.
6. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:08 p.m.
The next Regular City Traffic Commission Meeting will be held on Wednesday, June 8, 2022, at 5:30 p.m., in the Council Chamber.
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NEIGHBORHOOD PARKING PERMIT PROGRAM
IMPLEMENTATION POLICY
APPROVED BY CITY COUNCIL
July 14, 2015
Page | 1
Final Impl Policy 7-14-15 [N:/Public Works/Traffic/Permit Pkg] Note: The Neighborhood Parking Permit Policy below does not apply to area “A”. The program to mitigate the intrusion of college-oriented, commercial, institutional, multifamily residential (more than two units) or other long-term vehicular parking on streets in residential areas to assure that local residents and their guests have convenient parking on streets in proximity to their homes shall be referred to as the Neighborhood Parking Permit Program.
Permit Parking shall only be permitted in single-family residential areas, where the problem is ongoing, and it is determined that the permit parking is the only solution. Only singlefamily residences and duplexes (two units on one lot) are qualified for this program. The Traffic Engineering Division shall determine the boundaries of the permit area for each request.
Since Permit Parking Areas benefit certain residents, and not the general public, a “Permit Parking Program Application Fee” $4122 shall be paid by the proponent(s) of each new or additional permit area, for consideration of the implementation of permit parking. (This could also be implemented with a $1500 deposit and an additional $2622 when the petition is issued.)
The neighborhood parking permit areas that are adjacent to a K-12 school shall not be enforced during the school A.M. drop-off (from 7:30 am to 8:30 am) and P.M. pick-up time (from 1:30 pm to 3:00 pm) on days school is in session. Implement restricted hours for permit parking enforcement on an as-needed basis to address Recreational Intrusions and Business Intrusions. The intent of this policy change is to maximize the benefits of permit parking to the applicant neighborhood while minimizing impacts to adjacent property use to balance parking need with quality of lifestyle. o Institutional Intrusions (Universities, hospitals) shall remain 24/7/365. o Recreational Intrusions (Parks, Schools and Sports Complexes) shall be enforced from 8:00 a.m. to 8:00 p.m. or as otherwise approved.
o Business Intrusions (Commercial Businesses) shall be enforced Monday through Friday 7:00 a.m. to 5:00 p.m. or as otherwise approved.
Implementation of Permit Parking Program areas will only be considered when the following are satisfied:
861
NEIGHBORHOOD PARKING PERMIT PROGRAM
IMPLEMENTATION POLICY
APPROVED BY CITY COUNCIL
July 14, 2015
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Final Impl Policy 7-14-15 [N:/Public Works/Traffic/Permit Pkg]
1. The area must abut an institutional, residential apartment, commercial orindustrial use which is generating the parking intrusion.
2. A minimum of 75% of the area residents must sign the petition in favor.
3. Any identified problem must be on-going, not occasional or temporary.
4. To demonstrate a need, 75% of the available on-street space in a proposed permit area must be occupied during the perceived problem times.
5. Staff must see evidence that required off street parking is being utilized. Program shall not be approved to attempt to solve social problems that should be addressed through other means, such as Police or Code Enforcement. Program shall not be approved if the identified parking problems can be mitigated by less restrictive parking control measures. Council directs staff to identify the least restrictive permit hours to achieve the desired results.
If recommended for approval by the City Traffic Commission, the Commission will direct the Traffic Engineering Division to prepare a resolution for adoption by the City Council. Number of permits per household (single family residence) shall be limited to 5 permits including guest permits. The total number of permits shall not exceed 5 per household. (Updated 6/12/18 per City Council)
Number of permits for each unit of a duplex shall be limited to 2 permits (for registered vehicles only), plus 2 guest permits. The total of permits shall not exceed 4 permits per unit. Permits cost $30 per household and are valid for 3 years. Permits are non-transferable and are invalid if the registered permittee moves from the household. (Updated 6/12/18 per City Council)
Single day event guest permit (up to maximum of 20) are available 4 times per year at no cost to a resident.
To minimize sign pollution, permit parking area shall be identified by area posting wherever possible.
The City Manager/or his designee shall have the authority to suspend enforcement of neighborhood parking permit enforcement on a case by case basis for special requests. 862
Agenda Item
City Council
Item #: 7.3. 6/14/2022 File #: 22-0253
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police
1. SUBJECT
Agreement with Axon Enterprise, Inc. for a Police Enterprise System and related equipment.
2. SUMMARY
Ten-year agreement with Axon Enterprise, Inc. to replace outdated computer-based software systems and programs in the Police Department with a Police Enterprise System through Sourcewell Contract No. 010720-AXN for a total of $7,551,276.
3. RECOMMENDED ACTION
1. Authorize the appropriation of $60,000 from AB3229-COPS Supplemental Law Enforcement Services unreserved fund balance into expenditure account number 354.4011.56032.30196, AB3229/COPS Supplemental Law Enforcement Services - CIP Equipment Replacements.
2. Approve the agreement with Axon Enterprise, Inc. in the amount of $7,551,276 for the Police Enterprise System; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this agreement is $7,551,276 and will be funded in Police Enterprise System (Project 30196) through:
Computer Replacement (790) $7,547,490
Community Development Block Grant - CARES Act (310) 3,786 Total $7,551,276
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety. b: Provide and maintain infrastructure necessary to ensure the safety of the public.
6. DISCUSSION AND BACKGROUND
Axon Enterprise, Inc. (Axon) is the current vendor of the Police Department’s Tasers, Body Worn Cameras (BWCs), fleet mobile, and interview cameras. Axon now offers an all-inclusive Officer Safety Plan (OSP 7+) that includes a bundled solution for police operations.
The Police Department is recommending replacement of the department’s existing Computer Aided Dispatch and Records Management System, BWC program, and consolidation of systems with the all-inclusive OSP 7+ solution to manage police hardware and software. Included in the OSP7+ City of Orange Page 1 of 4 Printed on 6/9/2022
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Item #: 7.3. 6/14/2022 File #: 22-0253
solution is the latest equipment, including Tasers, BWCs, fleet cameras, interview room cameras, the evidence.com portal, which is cloud-based for data storage and sharing, Records and Dispatch software, and Standards software to track internal investigations. Also included is a Virtual Reality training suite, software for Drones and License Plate Readers for the entire Patrol fleet.
Axon OSP 7+ also includes hardware and software upgrades throughout the length of the contract.
This means that equipment updates are included along with software upgrades that include the National Incident-Based Reporting System (NIBRS) and Racial Identity Profiling Act (RIPA) for no additional costs. The services offered through Axon OSP 7+ are a network solution that allows all systems to connect and integrate without the costly expense of building bridges that are time consuming and labor intensive. In a time when law enforcement is highly scrutinized, the OSP 7+ solution will provide significant value to the entire department and is widely accepted amongst the law enforcement community, as well as being supported by a large majority of community members.
Axon presented staff with two procurement options including a five- or ten-year contract with flexible payment options. Executing a five-year contract is currently estimated at $4M while a ten-year contract is estimated at $7.5M. Should staff proceed with a five-year contract, renewal contracts may include up to five percent year-over-year increases that can result in a $5.1M renewal contract, an increase of 27% from the initial five-year cost of $4M. For comparison purposes, two independent five-year contracts could potentially cost $9.1M over ten years which is approximately $1.6M or 20% more than the original ten-year contract amount of $7.5M. As a result, Police staff is recommending a ten-year contract.
Services included in the contract are as follows:
Hardware
· Body Worn Cameras
o Axon Body 3
o Multi Bay Docks
o Batteries, Mounts, and accessories
· Tasers
o Taser 7
o Taser Cartridges
o Holsters, Batteries, Sidearm Kit, and accessories
o Virtual Training Suite, Simulator, and accessories
· Fleet 3 Cameras, and accessories
Software
· Evidence.com
· Virtual Taser Access
· Redaction Assistant
· Auto Tagging
· Citizen for Communities
· Respond Device
City of Orange Page 2 of 4 Printed on 6/9/2022
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Item #: 7.3. 6/14/2022 File #: 22-0253
· Interview Software
· Standards Software
· Axon Records
· Axon Dispatch
· Axon Air (Drones)
· Fleet Vehicle, Storage, View
· Fleet 3 Automated License Plate Reader (ALPR) - 50 vehicles Services
· Video Support
· Taser 7 Instructor Course
· Taser 7 Master Instruction School
· Auto Tagging Implementation
· Evidence.com Channel Services
· Standards Services
· Axon Full Services
· Professional Services, Records & Dispatch Implementation · Fleet 3 - New Installation & Upgrade Installations
Warranties
· Extended Warranty for Fleet, Virtual Reality Equipment, Cameras, Docks, Interview Room, and Tasers
Implementation of the OSP 7+ solution will span over 12 to 24 months as configuration milestones are fulfilled. Axon is expected to complete the Records portion in 12 months and finalize Dispatch implementation in 18 to 24 months. Under the new contract, initial costs include the cost of equipment and licenses with system configuration costs for Dispatch, Records, and Standards due three years after project kickoff, or July 2025. This means the department will benefit from system configurations completed sooner than the payment due date of July 2025. Other related expenses, including third-party interface fees discounted by Axon, are to be procured separately by the Police Department. Based on the payment schedule below, payments are due in July of each year with the exception of fleet equipment and services that are due in November.
Payment Year Fiscal Year Total
1 2022 22-23 $ 562,582.10
1 Nov 2022 22-23 87,573.27
2 2023 23-24 629,328.10
3 2024 24-25 629,328.10
4 2025 25-26 1,172,066.34
5 2026 26-27 745,066.34
6 2027 27-28 745,066.34
7 2028 28-29 745,066.34
8 2029 29-30 745,066.34
9 2030 30-31 745,066.34
10 2031 31-32 745,066.34
$7,551,275.95
City of Orange Page 3 of 4 Printed on 6/9/2022
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Item #: 7.3. 6/14/2022 File #: 22-0253
Funding will be made available through the Computer Replacement Fund (790) as documented in Capital Improvement Project (CIP) 30196 which replaces CIP 20337 that only included costs related to body worn, fleet and interview room cameras. An additional appropriation of $60,000 from AB3229/COPS Supplemental Law Enforcement Services unreserved fund balance is necessary to cover the cost of third-party interface fees needed to fully integrate these systems.
The OSP 7+ solution is an all-in-one product that will continue to improve as new technological advancements are built into the bundle and will prove to be an invaluable system. The Police Department’s proposal to the City is for a ten-year contract for a total amount of $7,551,276.
7. ATTACHMENTS
· Professional Services Agreement with Axon
· Sourcewell Contract 010720 - Amendment
City of Orange Page 4 of 4 Printed on 6/9/2022
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Agenda Item
City Council
Item #: 7.3. 6/14/2022 File #: 22-0253
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police
1. SUBJECT
Agreement with Axon Enterprise, Inc. for a Police Enterprise System and related equipment.
2. SUMMARY
Ten-year agreement with Axon Enterprise, Inc. to replace outdated computer-based software systems and programs in the Police Department with a Police Enterprise System through Sourcewell Contract No. 010720-AXN for a total of $7,551,276.
3. RECOMMENDED ACTION
1. Authorize the appropriation of $60,000 from AB3229-COPS Supplemental Law Enforcement Services unreserved fund balance into expenditure account number 354.4011.56032.30196, AB3229/COPS Supplemental Law Enforcement Services - CIP Equipment Replacements.
2. Approve the agreement with Axon Enterprise, Inc. in the amount of $7,551,276 for the Police Enterprise System; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this agreement is $7,551,276 and will be funded in Police Enterprise System (Project 30196) through:
Computer Replacement (790) $7,547,490
Community Development Block Grant - CARES Act (310) 3,786 Total $7,551,276
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety. b: Provide and maintain infrastructure necessary to ensure the safety of the public.
6. DISCUSSION AND BACKGROUND
Axon Enterprise, Inc. (Axon) is the current vendor of the Police Department’s Tasers, Body Worn Cameras (BWCs), fleet mobile, and interview cameras. Axon now offers an all-inclusive Officer Safety Plan (OSP 7+) that includes a bundled solution for police operations.
The Police Department is recommending replacement of the department’s existing Computer Aided Dispatch and Records Management System, BWC program, and consolidation of systems with the all-inclusive OSP 7+ solution to manage police hardware and software. Included in the OSP7+ City of Orange Page 1 of 4 Printed on 6/9/2022
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Item #: 7.3. 6/14/2022 File #: 22-0253
solution is the latest equipment, including Tasers, BWCs, fleet cameras, interview room cameras, the evidence.com portal, which is cloud-based for data storage and sharing, Records and Dispatch software, and Standards software to track internal investigations. Also included is a Virtual Reality training suite, software for Drones and License Plate Readers for the entire Patrol fleet.
Axon OSP 7+ also includes hardware and software upgrades throughout the length of the contract.
This means that equipment updates are included along with software upgrades that include the National Incident-Based Reporting System (NIBRS) and Racial Identity Profiling Act (RIPA) for no additional costs. The services offered through Axon OSP 7+ are a network solution that allows all systems to connect and integrate without the costly expense of building bridges that are time consuming and labor intensive. In a time when law enforcement is highly scrutinized, the OSP 7+ solution will provide significant value to the entire department and is widely accepted amongst the law enforcement community, as well as being supported by a large majority of community members.
Axon presented staff with two procurement options including a five- or ten-year contract with flexible payment options. Executing a five-year contract is currently estimated at $4M while a ten-year contract is estimated at $7.5M. Should staff proceed with a five-year contract, renewal contracts may include up to five percent year-over-year increases that can result in a $5.1M renewal contract, an increase of 27% from the initial five-year cost of $4M. For comparison purposes, two independent five-year contracts could potentially cost $9.1M over ten years which is approximately $1.6M or 20% more than the original ten-year contract amount of $7.5M. As a result, Police staff is recommending a ten-year contract.
Services included in the contract are as follows:
Hardware
· Body Worn Cameras
o Axon Body 3
o Multi Bay Docks
o Batteries, Mounts, and accessories
· Tasers
o Taser 7
o Taser Cartridges
o Holsters, Batteries, Sidearm Kit, and accessories
o Virtual Training Suite, Simulator, and accessories
· Fleet 3 Cameras, and accessories
Software
· Evidence.com
· Virtual Taser Access
· Redaction Assistant
· Auto Tagging
· Citizen for Communities
· Respond Device
City of Orange Page 2 of 4 Printed on 6/9/2022
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Item #: 7.3. 6/14/2022 File #: 22-0253
· Interview Software
· Standards Software
· Axon Records
· Axon Dispatch
· Axon Air (Drones)
· Fleet Vehicle, Storage, View
· Fleet 3 Automated License Plate Reader (ALPR) - 50 vehicles Services
· Video Support
· Taser 7 Instructor Course
· Taser 7 Master Instruction School
· Auto Tagging Implementation
· Evidence.com Channel Services
· Standards Services
· Axon Full Services
· Professional Services, Records & Dispatch Implementation · Fleet 3 - New Installation & Upgrade Installations
Warranties
· Extended Warranty for Fleet, Virtual Reality Equipment, Cameras, Docks, Interview Room, and Tasers
Implementation of the OSP 7+ solution will span over 12 to 24 months as configuration milestones are fulfilled. Axon is expected to complete the Records portion in 12 months and finalize Dispatch implementation in 18 to 24 months. Under the new contract, initial costs include the cost of equipment and licenses with system configuration costs for Dispatch, Records, and Standards due three years after project kickoff, or July 2025. This means the department will benefit from system configurations completed sooner than the payment due date of July 2025. Other related expenses, including third-party interface fees discounted by Axon, are to be procured separately by the Police Department. Based on the payment schedule below, payments are due in July of each year with the exception of fleet equipment and services that are due in November.
Payment Year Fiscal Year Total
1 2022 22-23 $ 562,582.10
1 Nov 2022 22-23 87,573.27
2 2023 23-24 629,328.10
3 2024 24-25 629,328.10
4 2025 25-26 1,172,066.34
5 2026 26-27 745,066.34
6 2027 27-28 745,066.34
7 2028 28-29 745,066.34
8 2029 29-30 745,066.34
9 2030 30-31 745,066.34
10 2031 31-32 745,066.34
$7,551,275.95
City of Orange Page 3 of 4 Printed on 6/9/2022
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Item #: 7.3. 6/14/2022 File #: 22-0253
Funding will be made available through the Computer Replacement Fund (790) as documented in Capital Improvement Project (CIP) 30196 which replaces CIP 20337 that only included costs related to body worn, fleet and interview room cameras. An additional appropriation of $60,000 from AB3229/COPS Supplemental Law Enforcement Services unreserved fund balance is necessary to cover the cost of third-party interface fees needed to fully integrate these systems.
The OSP 7+ solution is an all-in-one product that will continue to improve as new technological advancements are built into the bundle and will prove to be an invaluable system. The Police Department’s proposal to the City is for a ten-year contract for a total amount of $7,551,276.
7. ATTACHMENTS
· Professional Services Agreement with Axon
· Sourcewell Contract 010720 - Amendment
City of Orange Page 4 of 4 Printed on 6/9/2022
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PROFESSIONAL SERVICES AGREEMENT
[Software, Equipment & Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ____________, 2022 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and AXON ENTERPRISE, INC., a Delaware corporation (“Contractor”), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” “B,” and “C,” which are attached hereto and incorporated herein by reference. Should there be a conflict in the terms and conditions contained in this Agreement and any Exhibits attached hereto, the order of precedence shall be: (a) this Agreement; (b) Exhibit “A”; (c) Exhibit “B”; and Exhibit “C”. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the business of providing such services and is experienced in performing the work. Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity providing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in the Exhibits to the contrary.
The Police Chief or designee (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.
2. Compensation and Fees; Term.
a. Contractor's total compensation for all services performed under this Agreement, shall not exceed SEVEN MILLION FIVE HUNDRED FIFTY-ONE THOUSAND TWO HUNDRED SEVENTY-FIVE DOLLARS and 95/100 ($7,551,275.95) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.
c. The term of this Agreement shall commence on the Effective Date and terminate on June 30, 2032.
871
2 3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred according to the schedule set forth in Exhibit “A.” b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. c. City will pay Contractor the amount invoiced within thirty (30) days of the invoice date.
d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 872
3 7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by either party of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of the other party, which shall not be unreasonably withheld. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee. Upon prior notice to and approval by City, which approval shall not be reasonably withheld, Axon may assign this Agreement, its rights, or obligations: (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.
10. Time of Completion. Except as otherwise agreed to by and between the representatives of the parties, Contractor shall commence the work provided for in this Agreement according to the timeframes set forth in Exhibits “A” and “B.”
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products solely and exclusively created by Contractor for this Agreement, including Contractor’s Quote, shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction. Contractor is specifically notified that this Agreement and the terms and pricing herein are subject to disclosure under the California Public Records Act. 873
4 15. Equal Employment Opportunity. During the performance of this Agreement, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any: (i) negligent act, error or omission or (ii) willful misconduct by Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, 874
5 arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.
b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement. d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: Five Million Dollars ($5,000,000) per occurrence. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: a combined single limit of One Million Dollars ($1,000,000). Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. d. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this 875
6 Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.
f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of Five Million Dollars ($5,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.
j Contractor shall notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor. k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for 876
7 review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.
19. Termination. City may for any reason terminate this Agreement by giving Contractor written notice of intent to terminate as soon as reasonably practicable. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise. Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractorshall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
877
8 (2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed 878
9 which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated.
24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by email shall be deemed received on the date of the e-mail transmission. “CONTRACTOR” “CITY”
Axon Enterprise, Inc. City of Orange
17800 N. 85th Street 300 E. Chapman Avenue
Scottsdale, AZ 85255 Orange, CA 92866-1591
Attn.: Legal Attn.: Adam Jevec, Captain
Telephone: 800-978-2737 Telephone: 714-744-7469
E-Mail: [email protected] E-Mail: [email protected]
25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Remainder of page intentionally left blank; signatures on next page] 879
10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
AXON ENTERPRISE, INC., a Delaware CITY OF ORANGE, a municipal corporation corporation
*By: By:
Printed Name: Mark A. Murphy, Mayor
*By:
Printed Name:
Title: ATTEST:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning
Senior Assistant City Attorney
*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
880
EXHIBIT “A”
COST PROPOSAL
[Beneath this sheet.]
881
Q-371998-44649.805CM
Issued: 03/29/2022
Quote Expiration:
Estimated Contract Start Date: 07/15/2022
Account Number: 112453
Payment Terms: N30
Delivery Method: Fedex - Ground
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
1107 N Batavia St Orange Police Dept. - CA Chris Morton Adam Jevec 1107 N Batavia St 1107 N Batavia St Phone: +1 2063106165 Phone:
Orange, CA 92867-4615 Orange, CA 92867-4615 Email: [email protected] Email: [email protected] USA USA Fax: Fax:
Email:
Quote Summary Discount Summary
Program Length 120 Months Average Savings Per Year $334,047.67 TOTAL COST $7,341,604.32
ESTIMATED TOTAL W/ TAX $7,551,275.95 TOTAL SAVINGS $3,340,476.72 Payment Summary
Date Subtotal Tax Total
2022 $543,859.71 $18,722.39 $562,582.10
Nov 2022 $85,199.55 $2,373.72 $87,573.27
2023 $608,370.73 $20,957.37 $629,328.10
2024 $608,370.73 $20,957.37 $629,328.10
2025 $1,151,114.80 $20,951.54 $1,172,066.34
2026 $724,114.80 $20,951.54 $745,066.34
2027 $724,114.80 $20,951.54 $745,066.34
2028 $724,114.80 $20,951.54 $745,066.34
2029 $724,114.80 $20,951.54 $745,066.34
2030 $724,114.80 $20,951.54 $745,066.34
2031 $724,114.80 $20,951.54 $745,066.34
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
882
Payment Summary
Date Subtotal Tax Total
Total $7,341,604.32 $209,671.63 $7,551,275.95
883
Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 3 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 153 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20188 VR CONTROLLER KIT PELICAN CASE 3 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20296 SAMSUNG S7+ TABLET FOR VR SIMULATOR 3 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20297 SAMSUNG S7+ TABLET CASE FOR VR SIMULATOR 3 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20298 VR-ENABLED GLOCK 19 CONTROLLER 3 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 459 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 306 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 459 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 306 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 306 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 306 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 50 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 50 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22196 TASER 7 VR CARTRIDGE, STANDOFF (3.5-DEGREE) 6 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22197 TASER 7 VR CARTRIDGE, CLOSE-QUARTERS (12-DEGREE) 6 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 306 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 75015 SIGNAL SIDEARM KIT 153 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 3 06/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 3 06/15/2022 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 20188 VR CONTROLLER KIT PELICAN CASE 1 06/15/2022 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 20296 SAMSUNG S7+ TABLET FOR VR SIMULATOR 1 06/15/2022 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 20297 SAMSUNG S7+ TABLET CASE FOR VR SIMULATOR 1 06/15/2022 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 20298 VR-ENABLED GLOCK 19 CONTROLLER 1 06/15/2022 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 22196 TASER 7 VR CARTRIDGE, STANDOFF (3.5-DEGREE) 2 06/15/2022 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 22197 TASER 7 VR CARTRIDGE, CLOSE-QUARTERS (12-DEGREE) 2 06/15/2022 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 58 06/15/2022 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 75015 SIGNAL SIDEARM KIT 29 06/15/2022 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 203 06/15/2022 AB3 Camera Bundle 71026 MAGNET MOUNT, FLEXIBLE REINFORCED, RAPIDLOCK 203 06/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 184 06/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 6 06/15/2022 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 24 06/15/2022 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 24 06/15/2022 Fleet 3 Advanced 10 Year 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 1 12/01/2022 Fleet 3 Advanced 10 Year 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL 1 12/01/2022 Fleet 3 Advanced 10 Year 72048 FLEET SIM INSERTION, ATT 1 12/01/2022 Fleet 3 Advanced 10 Year 74110 FLEET ETHERNET CABLE, CAT6, 25 FT 1 12/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 306 06/15/2023 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 306 06/15/2023 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 MULTI-BAY BWC DOCK 1ST REFRESH 1 05/15/2024
884
Hardware
Bundle Item Description QTY Estimated Delivery Date
Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE 2 05/15/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 306 06/15/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 306 06/15/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 306 06/15/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 306 06/15/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 306 06/15/2025 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 306 06/15/2025 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100210 VIRTUAL REALITY TABLET REFRESH ONE 3 12/15/2025 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20373 VIRTUAL REALITY HEADSET REFRESH ONE 7 12/15/2025 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73309 AXON CAMERA REFRESH ONE 158 12/15/2025 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73689 MULTI-BAY BWC DOCK 1ST REFRESH 20 12/15/2025 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 100210 VIRTUAL REALITY TABLET REFRESH ONE 1 12/15/2025 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 20373 VIRTUAL REALITY HEADSET REFRESH ONE 2 12/15/2025 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73309 AXON CAMERA REFRESH ONE 29 12/15/2025 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73689 MULTI-BAY BWC DOCK 1ST REFRESH 3 12/15/2025 Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE 1 12/15/2025 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 306 06/15/2026 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 306 06/15/2026 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100211 VIRTUAL REALITY TABLET REFRESH TWO 3 06/15/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20242 TASER CERTIFICATION PROGRAM YEAR 6-10 HARDWARE 153 06/15/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20374 VIRTUAL REALITY HEADSET REFRESH TWO 7 06/15/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73310 AXON CAMERA REFRESH TWO 158 06/15/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73688 MULTI-BAY BWC DOCK 2ND REFRESH 20 06/15/2027 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 100211 VIRTUAL REALITY TABLET REFRESH TWO 1 06/15/2027 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 20374 VIRTUAL REALITY HEADSET REFRESH TWO 2 06/15/2027 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73310 AXON CAMERA REFRESH TWO 29 06/15/2027 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73688 MULTI-BAY BWC DOCK 2ND REFRESH 3 06/15/2027 Body Worn Camera TAP Bundle 73310 AXON CAMERA REFRESH TWO 1 06/15/2027 Fleet 3 Advanced 10 Year 72040 FLEET REFRESH, 2 CAMERA KIT 49 12/01/2028 Fleet 3 Advanced 10 Year 72040 FLEET REFRESH, 2 CAMERA KIT 1 12/01/2028 Fleet 3 Advanced 10 Year 72040 FLEET REFRESH, 2 CAMERA KIT 1 12/01/2028 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100212 VIRTUAL REALITY TABLET REFRESH THREE 3 12/15/2030 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20375 VIRTUAL REALITY HEADSET REFRESH THREE 7 12/15/2030 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73345 AXON CAMERA REFRESH THREE 158 12/15/2030 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73347 MULTI-BAY BWC DOCK 3RD REFRESH 20 12/15/2030 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 100212 VIRTUAL REALITY TABLET REFRESH THREE 1 12/15/2030 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 20375 VIRTUAL REALITY HEADSET REFRESH THREE 2 12/15/2030 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73345 AXON CAMERA REFRESH THREE 29 12/15/2030 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73347 MULTI-BAY BWC DOCK 3RD REFRESH 3 12/15/2030 A la Carte 73346 AXON CAMERA REFRESH FOUR 1 12/15/2030
2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73346 AXON CAMERA REFRESH FOUR 158 06/15/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73348 MULTI-BAY BWC DOCK 4TH REFRESH 20 06/15/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73346 AXON CAMERA REFRESH FOUR 29 06/15/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73348 MULTI-BAY BWC DOCK 4TH REFRESH 3 06/15/2032 A la Carte 73345 AXON CAMERA REFRESH THREE 1 06/15/2032 Fleet 3 Advanced 10 Year 100092 FLEET REFRESH TWO, 2 CAMERA KIT 49 12/01/2033
885
Hardware
Bundle Item Description QTY Estimated Delivery Date
Fleet 3 Advanced 10 Year 100092 FLEET REFRESH TWO, 2 CAMERA KIT 1 12/01/2033 Fleet 3 Advanced 10 Year 100092 FLEET REFRESH TWO, 2 CAMERA KIT 1 12/01/2033 A la Carte 100112 AXON AIR, E.COM PILOT DATA LIC 10
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100165 UNLIMITED 3RD-PARTY STORAGE 153 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20248 TASER 7 EVIDENCE.COM LICENSE 153 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20248 TASER 7 EVIDENCE.COM LICENSE 2 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20370 FULL VR TASER 7 ADD-ON USER ACCESS 153 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73478 REDACTION ASSISTANT USER LICENSE 153 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73618 CITIZEN FOR COMMUNITIES USER LICENSE 153 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73680 RESPOND DEVICE PLUS LICENSE- 153 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73681 AXON RECORDS FULL 153 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73682 AUTO TAGGING LICENSE 153 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 153 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73687 EVIDENCE.COM VIEWER LICENSE 1 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73739 PERFORMANCE LICENSE 153 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73746 PROFESSIONAL EVIDENCE.COM LICENSE 153 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 85760 Auto-Transcribe Unlimited Service 153 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 100165 UNLIMITED 3RD-PARTY STORAGE 29 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 20370 FULL VR TASER 7 ADD-ON USER ACCESS 29 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73478 REDACTION ASSISTANT USER LICENSE 29 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73618 CITIZEN FOR COMMUNITIES USER LICENSE 29 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73680 RESPOND DEVICE PLUS LICENSE- 29 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73681 AXON RECORDS FULL 29 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73682 AUTO TAGGING LICENSE 29 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 29 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73739 PERFORMANCE LICENSE 29 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 73746 PROFESSIONAL EVIDENCE.COM LICENSE 29 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 85760 Auto-Transcribe Unlimited Service 29 07/15/2022 07/14/2032 Fleet 2 Unlimited 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 100 07/15/2022 12/31/2022 Fleet 2 Unlimited 87050 FLEET VIEW XL LICENSE 50 07/15/2022 12/31/2022 Interview Room 2 Camera Advanced 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 4 07/15/2022 07/14/2032
Interview Room 2 Camera Advanced 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 07/15/2022 07/14/2032
Interview Room 2 Camera Advanced 50045 INTERVIEW - SOFTWARE - UNLMITED E.COM STORAGE (PER CAMERA) 8 07/15/2022 07/14/2032
Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 57 07/15/2022 07/14/2032 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 19 07/15/2022 07/14/2032 A la Carte 12022 AXON AIR, CLASS 1 UAS LICENSE 3 07/15/2022 07/14/2032 A la Carte 50300 AXON DISPATCH LICENSE 105 07/15/2022 07/14/2032 A la Carte 50300 AXON DISPATCH LICENSE 55 07/15/2022 07/14/2032 A la Carte 50300 AXON DISPATCH LICENSE 4 07/15/2022 07/14/2032 A la Carte 50300 AXON DISPATCH LICENSE 35 07/15/2022 07/14/2032
886
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 73449 RESPOND DEVICE LICENSE 2 07/15/2022 06/14/2024 A la Carte 73682 AUTO TAGGING LICENSE 2 07/15/2022 06/14/2024 A la Carte 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 2 07/15/2022 06/14/2024 A la Carte 73746 PROFESSIONAL EVIDENCE.COM LICENSE 2 07/15/2022 06/14/2024 A la Carte 73891 RECORDS LICENSE, NON-SWORN 75 07/15/2022 07/14/2032 Fleet 3 Advanced 10 Year 80400 FLEET, VEHICLE LICENSE, LICENSE 49 01/01/2023 07/14/2032 Fleet 3 Advanced 10 Year 80400 FLEET, VEHICLE LICENSE, LICENSE 1 01/01/2023 07/14/2032 Fleet 3 Advanced 10 Year 80401 FLEET 3, ALPR LICENSE, 1 CAMERA, LICENSE 49 01/01/2023 07/14/2032 Fleet 3 Advanced 10 Year 80401 FLEET 3, ALPR LICENSE, 1 CAMERA, LICENSE 1 01/01/2023 07/14/2032 Fleet 3 Advanced 10 Year 80402 RESPOND DEVICE LICENSE - FLEET 3 - LICENSE 49 01/01/2023 07/14/2032 Fleet 3 Advanced 10 Year 80402 RESPOND DEVICE LICENSE - FLEET 3 - LICENSE 1 01/01/2023 07/14/2032 Fleet 3 Advanced 10 Year 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 98 01/01/2023 07/14/2032 Fleet 3 Advanced 10 Year 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 01/01/2023 07/14/2032 Services
Bundle Item Description QTY
2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 11642 THIRD-PARTY VIDEO SUPPORT LICENSE 153 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80190 Evidence.com Channel Services 3 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80223 INACTIVE CHANNEL LICENSE 3 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 11642 THIRD-PARTY VIDEO SUPPORT LICENSE 29 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 80190 Evidence.com Channel Services 1 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 80223 INACTIVE CHANNEL LICENSE 1 Fleet 3 Advanced 10 Year 73391 FLEET 3 NEW INSTALLATION (PER VEHICLE) 49 Fleet 3 Advanced 10 Year 73391 FLEET 3 NEW INSTALLATION (PER VEHICLE) 1 Fleet 3 Advanced 10 Year 73392 FLEET 3 UPGRADE INSTALLATION (PER VEHICLE) 49 Fleet 3 Advanced 10 Year 73392 FLEET 3 UPGRADE INSTALLATION (PER VEHICLE) 1 A la Carte 73897 STANDARDS SERVICE, PREMIUM 1
A la Carte 85055 AXON FULL SERVICE 1
A la Carte 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 A la Carte 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1
887
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 80397 EXT WARRANTY, FLEET 2 KIT 50 06/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100197 HTC FOCUS 3 VR HEADSET - WARRANTY 7 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100198 AXON VR CONTROLLER KIT - WARRANTY 3 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80464 EXT WARRANTY, CAMERA (TAP) 153 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80464 EXT WARRANTY, CAMERA (TAP) 5 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 20 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 100197 HTC FOCUS 3 VR HEADSET - WARRANTY 2 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 100198 AXON VR CONTROLLER KIT - WARRANTY 1 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 80464 EXT WARRANTY, CAMERA (TAP) 29 07/15/2022 07/14/2032 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 3 07/15/2022 07/14/2032 Body Worn Camera Multi-Bay Dock TAP Bundle 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 1 07/15/2022 06/14/2024 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 1 07/15/2022 07/14/2032 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 2 07/15/2022 07/14/2032 Interview Room 2 Camera Advanced 50448 EXT WARRANTY, INTERVIEW ROOM 4 07/15/2022 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80374 EXT WARRANTY, TASER 7 BATTERY PACK 183 06/15/2023 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80395 EXT WARRANTY, TASER 7 HANDLE 153 06/15/2023 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80395 EXT WARRANTY, TASER 7 HANDLE 5 06/15/2023 07/14/2032 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 2 06/15/2023 07/14/2032 Fleet 3 Advanced 10 Year 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 49 12/01/2023 07/14/2032 Fleet 3 Advanced 10 Year 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 1 12/01/2023 07/14/2032 Fleet 3 Advanced 10 Year 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 1 12/01/2023 07/14/2032
888
Payment Details
Jul 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 - Additional BWC
Users 73449 RESPOND DEVICE LICENSE 2 $76.67 $0.00 $76.67 Year 1 - Additional BWC
Users 73682 AUTO TAGGING LICENSE 2 $138.00 $0.00 $138.00 Year 1 - Additional BWC
Users 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 2 $368.00 $0.00 $368.00 Year 1 - Additional BWC
Users 73746 PROFESSIONAL EVIDENCE.COM LICENSE 2 $598.00 $0.00 $598.00 Year 1 - Additional BWC
Users 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 1 - Additional BWC
Users BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $75.26 $5.83 $81.09 Year 1 - IR IR2CA Interview Room 2 Camera Advanced 4 $0.00 $0.00 $0.00 Year 1 - IR IR2CA Interview Room 2 Camera Advanced 4 $11,404.00 $0.00 $11,404.00 Year 1 - Axon 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 1 - Axon 12022 AXON AIR, CLASS 1 UAS LICENSE 3 $0.00 $0.00 $0.00 Year 1 - Axon 73345 AXON CAMERA REFRESH THREE 1 $0.00 $0.00 $0.00 Year 1 - Axon 73346 AXON CAMERA REFRESH FOUR 1 $0.00 $0.00 $0.00 Year 1 - Axon 73891 RECORDS LICENSE, NON-SWORN 75 $0.00 $0.00 $0.00 Year 1 - Axon AB3C AB3 Camera Bundle 184 $0.00 $0.00 $0.00 Year 1 - Axon AB3MBD AB3 Multi Bay Dock Bundle 24 $0.00 $0.00 $0.00 Year 1 - Axon BWCamTAP Body Worn Camera TAP Bundle 1 $0.00 $0.00 $0.00 Year 1 - Axon ProLicense Pro License Bundle 19 $2,051.63 $0.00 $2,051.63 Year 1 - Fleet 2 GAP
Coverage 80397 EXT WARRANTY, FLEET 2 KIT 50 $1,787.50 $138.53 $1,926.03 Year 1 - Fleet 2 GAP
Coverage Fleet2U Fleet 2 Unlimited 50 $0.00 $0.00 $0.00 Year 1 - Fleet 2 GAP
Coverage Fleet2U Fleet 2 Unlimited 50 $18,900.00 $0.00 $18,900.00 Year 1 - OSP 2022OSP7+Premium10Year 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 153 $447,031.23 $16,745.49 $463,776.72 Year 1 - Unlimited 2022Unlim7+Prem10yr 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 29 $61,428.39 $1,832.33 $63,260.72 Invoice Upon Fulfillment BWCamTAP Body Worn Camera TAP Bundle 2 $1.03 $0.21 $1.24 Total $543,859.71 $18,722.39 $562,582.10
Nov 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 - Fleet 3 80478 FLEET 3 RENEWAL WITH TAP TRUE UP 50 $1,596.30 $123.71 $1,720.01 Year 1 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 49 $81,492.92 $2,183.68 $83,676.60 Year 1 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 1 $2,110.33 $66.33 $2,176.66 Total $85,199.55 $2,373.72 $87,573.27
889
Jul 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 - Additional BWC
Users 73449 RESPOND DEVICE LICENSE 2 $76.67 $0.00 $76.67 Year 2 - Additional BWC
Users 73682 AUTO TAGGING LICENSE 2 $138.00 $0.00 $138.00 Year 2 - Additional BWC
Users 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 2 $368.00 $0.00 $368.00 Year 2 - Additional BWC
Users 73746 PROFESSIONAL EVIDENCE.COM LICENSE 2 $598.00 $0.00 $598.00 Year 2 - Additional BWC
Users 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 2 - Additional BWC
Users BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $75.26 $5.83 $81.09 Year 2 - IR IR2CA Interview Room 2 Camera Advanced 4 $0.00 $0.00 $0.00 Year 2 - IR IR2CA Interview Room 2 Camera Advanced 4 $11,404.00 $0.00 $11,404.00 Year 2 - Axon 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 2 - Axon 12022 AXON AIR, CLASS 1 UAS LICENSE 3 $0.00 $0.00 $0.00 Year 2 - Axon 73345 AXON CAMERA REFRESH THREE 1 $0.00 $0.00 $0.00 Year 2 - Axon 73346 AXON CAMERA REFRESH FOUR 1 $0.00 $0.00 $0.00 Year 2 - Axon 73891 RECORDS LICENSE, NON-SWORN 75 $0.00 $0.00 $0.00 Year 2 - Axon AB3C AB3 Camera Bundle 184 $0.00 $0.00 $0.00 Year 2 - Axon AB3MBD AB3 Multi Bay Dock Bundle 24 $0.00 $0.00 $0.00 Year 2 - Axon BWCamTAP Body Worn Camera TAP Bundle 1 $0.00 $0.00 $0.00 Year 2 - Axon ProLicense Pro License Bundle 19 $2,051.63 $0.00 $2,051.63 Year 2 - Fleet 3 80478 FLEET 3 RENEWAL WITH TAP TRUE UP 50 $1,596.30 $123.71 $1,720.01 Year 2 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 49 $81,492.92 $2,183.68 $83,676.60 Year 2 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 1 $2,110.33 $66.33 $2,176.66 Year 2 - OSP 2022OSP7+Premium10Year 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 153 $447,031.23 $16,745.49 $463,776.72 Year 2 - Unlimited 2022Unlim7+Prem10yr 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 29 $61,428.39 $1,832.33 $63,260.72 Total $608,370.73 $20,957.37 $629,328.10
Jul 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 - Additional BWC
Users 73449 RESPOND DEVICE LICENSE 2 $76.67 $0.00 $76.67 Year 3 - Additional BWC
Users 73682 AUTO TAGGING LICENSE 2 $138.00 $0.00 $138.00 Year 3 - Additional BWC
Users 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 2 $368.00 $0.00 $368.00 Year 3 - Additional BWC
Users 73746 PROFESSIONAL EVIDENCE.COM LICENSE 2 $598.00 $0.00 $598.00 Year 3 - Additional BWC
Users 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 3 - Additional BWC
Users BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 $75.26 $5.83 $81.09 Year 3 - IR IR2CA Interview Room 2 Camera Advanced 4 $0.00 $0.00 $0.00 Year 3 - IR IR2CA Interview Room 2 Camera Advanced 4 $11,404.00 $0.00 $11,404.00
890
Jul 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 - Axon 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 3 - Axon 12022 AXON AIR, CLASS 1 UAS LICENSE 3 $0.00 $0.00 $0.00 Year 3 - Axon 73345 AXON CAMERA REFRESH THREE 1 $0.00 $0.00 $0.00 Year 3 - Axon 73346 AXON CAMERA REFRESH FOUR 1 $0.00 $0.00 $0.00 Year 3 - Axon 73891 RECORDS LICENSE, NON-SWORN 75 $0.00 $0.00 $0.00 Year 3 - Axon AB3C AB3 Camera Bundle 184 $0.00 $0.00 $0.00 Year 3 - Axon AB3MBD AB3 Multi Bay Dock Bundle 24 $0.00 $0.00 $0.00 Year 3 - Axon BWCamTAP Body Worn Camera TAP Bundle 1 $0.00 $0.00 $0.00 Year 3 - Axon ProLicense Pro License Bundle 19 $2,051.63 $0.00 $2,051.63 Year 3 - Fleet 3 80478 FLEET 3 RENEWAL WITH TAP TRUE UP 50 $1,596.30 $123.71 $1,720.01 Year 3 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 49 $81,492.92 $2,183.68 $83,676.60 Year 3 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 1 $2,110.33 $66.33 $2,176.66 Year 3 - OSP 2022OSP7+Premium10Year 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 153 $447,031.23 $16,745.49 $463,776.72 Year 3 - Unlimited 2022Unlim7+Prem10yr 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 29 $61,428.39 $1,832.33 $63,260.72 Total $608,370.73 $20,957.37 $629,328.10
Jul 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 - IR IR2CA Interview Room 2 Camera Advanced 4 $0.00 $0.00 $0.00 Year 4 - IR IR2CA Interview Room 2 Camera Advanced 4 $11,404.00 $0.00 $11,404.00 Year 4 - Axon 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 4 - Axon 12022 AXON AIR, CLASS 1 UAS LICENSE 3 $0.00 $0.00 $0.00 Year 4 - Axon 73345 AXON CAMERA REFRESH THREE 1 $0.00 $0.00 $0.00 Year 4 - Axon 73346 AXON CAMERA REFRESH FOUR 1 $0.00 $0.00 $0.00 Year 4 - Axon 73891 RECORDS LICENSE, NON-SWORN 75 $0.00 $0.00 $0.00 Year 4 - Axon AB3C AB3 Camera Bundle 184 $0.00 $0.00 $0.00 Year 4 - Axon AB3MBD AB3 Multi Bay Dock Bundle 24 $0.00 $0.00 $0.00 Year 4 - Axon BWCamTAP Body Worn Camera TAP Bundle 1 $0.00 $0.00 $0.00 Year 4 - Axon ProLicense Pro License Bundle 19 $2,051.63 $0.00 $2,051.63 Year 1 - PSO 73897 STANDARDS SERVICE, PREMIUM 1 $20,000.00 $0.00 $20,000.00 Year 1 - PSO 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $203,500.00 $0.00 $203,500.00 Year 1 - PSO 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1 $203,500.00 $0.00 $203,500.00 Year 4 - Fleet 3 80478 FLEET 3 RENEWAL WITH TAP TRUE UP 50 $1,596.30 $123.71 $1,720.01 Year 4 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 49 $81,492.92 $2,183.68 $83,676.60 Year 4 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 1 $2,110.33 $66.33 $2,176.66 Year 4 - OSP 2022OSP7+Premium10Year 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 153 $447,031.23 $16,745.49 $463,776.72 Year 4 - Unlimited 2022Unlim7+Prem10yr 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 29 $61,428.39 $1,832.33 $63,260.72 Year 4 - Dispatch 50300 AXON DISPATCH LICENSE 105 $90,000.00 $0.00 $90,000.00 Year 4 - Dispatch 50300 AXON DISPATCH LICENSE 55 $23,571.43 $0.00 $23,571.43 Year 4 - Dispatch 50300 AXON DISPATCH LICENSE 4 $3,428.57 $0.00 $3,428.57 Year 4 - Dispatch 50300 AXON DISPATCH LICENSE 35 $0.00 $0.00 $0.00 Total $1,151,114.80 $20,951.54 $1,172,066.34
891
Jul 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 - IR IR2CA Interview Room 2 Camera Advanced 4 $0.00 $0.00 $0.00 Year 5 - IR IR2CA Interview Room 2 Camera Advanced 4 $11,404.00 $0.00 $11,404.00 Year 5 - Axon 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 5 - Axon 12022 AXON AIR, CLASS 1 UAS LICENSE 3 $0.00 $0.00 $0.00 Year 5 - Axon 73345 AXON CAMERA REFRESH THREE 1 $0.00 $0.00 $0.00 Year 5 - Axon 73346 AXON CAMERA REFRESH FOUR 1 $0.00 $0.00 $0.00 Year 5 - Axon 73891 RECORDS LICENSE, NON-SWORN 75 $0.00 $0.00 $0.00 Year 5 - Axon AB3C AB3 Camera Bundle 184 $0.00 $0.00 $0.00 Year 5 - Axon AB3MBD AB3 Multi Bay Dock Bundle 24 $0.00 $0.00 $0.00 Year 5 - Axon BWCamTAP Body Worn Camera TAP Bundle 1 $0.00 $0.00 $0.00 Year 5 - Axon ProLicense Pro License Bundle 19 $2,051.63 $0.00 $2,051.63 Year 5 - Fleet 3 80478 FLEET 3 RENEWAL WITH TAP TRUE UP 50 $1,596.30 $123.71 $1,720.01 Year 5 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 49 $81,492.92 $2,183.68 $83,676.60 Year 5 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 1 $2,110.33 $66.33 $2,176.66 Year 5 - OSP 2022OSP7+Premium10Year 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 153 $447,031.23 $16,745.49 $463,776.72 Year 5 - Unlimited 2022Unlim7+Prem10yr 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 29 $61,428.39 $1,832.33 $63,260.72 Year 5- Dispatch 50300 AXON DISPATCH LICENSE 105 $90,000.00 $0.00 $90,000.00 Year 5- Dispatch 50300 AXON DISPATCH LICENSE 55 $23,571.43 $0.00 $23,571.43 Year 5- Dispatch 50300 AXON DISPATCH LICENSE 4 $3,428.57 $0.00 $3,428.57 Year 5- Dispatch 50300 AXON DISPATCH LICENSE 35 $0.00 $0.00 $0.00 Total $724,114.80 $20,951.54 $745,066.34
Jul 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 6 - IR IR2CA Interview Room 2 Camera Advanced 4 $0.00 $0.00 $0.00 Year 6 - IR IR2CA Interview Room 2 Camera Advanced 4 $11,404.00 $0.00 $11,404.00 Year 6 - Axon 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 6 - Axon 12022 AXON AIR, CLASS 1 UAS LICENSE 3 $0.00 $0.00 $0.00 Year 6 - Axon 73345 AXON CAMERA REFRESH THREE 1 $0.00 $0.00 $0.00 Year 6 - Axon 73346 AXON CAMERA REFRESH FOUR 1 $0.00 $0.00 $0.00 Year 6 - Axon 73891 RECORDS LICENSE, NON-SWORN 75 $0.00 $0.00 $0.00 Year 6 - Axon AB3C AB3 Camera Bundle 184 $0.00 $0.00 $0.00 Year 6 - Axon AB3MBD AB3 Multi Bay Dock Bundle 24 $0.00 $0.00 $0.00 Year 6 - Axon BWCamTAP Body Worn Camera TAP Bundle 1 $0.00 $0.00 $0.00 Year 6 - Axon ProLicense Pro License Bundle 19 $2,051.63 $0.00 $2,051.63 Year 6 - Fleet 3 80478 FLEET 3 RENEWAL WITH TAP TRUE UP 50 $1,596.30 $123.71 $1,720.01 Year 6 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 49 $81,492.92 $2,183.68 $83,676.60 Year 6 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 1 $2,110.33 $66.33 $2,176.66 Year 6 - OSP 2022OSP7+Premium10Year 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 153 $447,031.23 $16,745.49 $463,776.72 Year 6 - Unlimited 2022Unlim7+Prem10yr 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 29 $61,428.39 $1,832.33 $63,260.72 Year 6- Dispatch 50300 AXON DISPATCH LICENSE 105 $90,000.00 $0.00 $90,000.00 Year 6- Dispatch 50300 AXON DISPATCH LICENSE 55 $23,571.43 $0.00 $23,571.43 Year 6- Dispatch 50300 AXON DISPATCH LICENSE 4 $3,428.57 $0.00 $3,428.57 Year 6- Dispatch 50300 AXON DISPATCH LICENSE 35 $0.00 $0.00 $0.00 Total $724,114.80 $20,951.54 $745,066.34
892
Jul 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 7 - IR IR2CA Interview Room 2 Camera Advanced 4 $0.00 $0.00 $0.00 Year 7 - IR IR2CA Interview Room 2 Camera Advanced 4 $11,404.00 $0.00 $11,404.00 Year 7 - Axon 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 7 - Axon 12022 AXON AIR, CLASS 1 UAS LICENSE 3 $0.00 $0.00 $0.00 Year 7 - Axon 73345 AXON CAMERA REFRESH THREE 1 $0.00 $0.00 $0.00 Year 7 - Axon 73346 AXON CAMERA REFRESH FOUR 1 $0.00 $0.00 $0.00 Year 7 - Axon 73891 RECORDS LICENSE, NON-SWORN 75 $0.00 $0.00 $0.00 Year 7 - Axon AB3C AB3 Camera Bundle 184 $0.00 $0.00 $0.00 Year 7 - Axon AB3MBD AB3 Multi Bay Dock Bundle 24 $0.00 $0.00 $0.00 Year 7 - Axon BWCamTAP Body Worn Camera TAP Bundle 1 $0.00 $0.00 $0.00 Year 7 - Axon ProLicense Pro License Bundle 19 $2,051.63 $0.00 $2,051.63 Year 7 - Fleet 3 80478 FLEET 3 RENEWAL WITH TAP TRUE UP 50 $1,596.30 $123.71 $1,720.01 Year 7 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 49 $81,492.92 $2,183.68 $83,676.60 Year 7 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 1 $2,110.33 $66.33 $2,176.66 Year 7 - OSP 2022OSP7+Premium10Year 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 153 $447,031.23 $16,745.49 $463,776.72 Year 7 - Unlimited 2022Unlim7+Prem10yr 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 29 $61,428.39 $1,832.33 $63,260.72 Year 7- Dispatch 50300 AXON DISPATCH LICENSE 105 $90,000.00 $0.00 $90,000.00 Year 7- Dispatch 50300 AXON DISPATCH LICENSE 55 $23,571.43 $0.00 $23,571.43 Year 7- Dispatch 50300 AXON DISPATCH LICENSE 4 $3,428.57 $0.00 $3,428.57 Year 7- Dispatch 50300 AXON DISPATCH LICENSE 35 $0.00 $0.00 $0.00 Total $724,114.80 $20,951.54 $745,066.34
Jul 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 8 - IR IR2CA Interview Room 2 Camera Advanced 4 $0.00 $0.00 $0.00 Year 8 - IR IR2CA Interview Room 2 Camera Advanced 4 $11,404.00 $0.00 $11,404.00 Year 8 - Axon 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 8 - Axon 12022 AXON AIR, CLASS 1 UAS LICENSE 3 $0.00 $0.00 $0.00 Year 8 - Axon 73345 AXON CAMERA REFRESH THREE 1 $0.00 $0.00 $0.00 Year 8 - Axon 73346 AXON CAMERA REFRESH FOUR 1 $0.00 $0.00 $0.00 Year 8 - Axon 73891 RECORDS LICENSE, NON-SWORN 75 $0.00 $0.00 $0.00 Year 8 - Axon AB3C AB3 Camera Bundle 184 $0.00 $0.00 $0.00 Year 8 - Axon AB3MBD AB3 Multi Bay Dock Bundle 24 $0.00 $0.00 $0.00 Year 8 - Axon BWCamTAP Body Worn Camera TAP Bundle 1 $0.00 $0.00 $0.00 Year 8 - Axon ProLicense Pro License Bundle 19 $2,051.63 $0.00 $2,051.63 Year 8 - Fleet 3 80478 FLEET 3 RENEWAL WITH TAP TRUE UP 50 $1,596.30 $123.71 $1,720.01 Year 8 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 49 $81,492.92 $2,183.68 $83,676.60 Year 8 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 1 $2,110.33 $66.33 $2,176.66 Year 8 - OSP 2022OSP7+Premium10Year 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 153 $447,031.23 $16,745.49 $463,776.72 Year 8 - Unlimited 2022Unlim7+Prem10yr 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 29 $61,428.39 $1,832.33 $63,260.72 Year 8- Dispatch 50300 AXON DISPATCH LICENSE 105 $90,000.00 $0.00 $90,000.00 Year 8- Dispatch 50300 AXON DISPATCH LICENSE 55 $23,571.43 $0.00 $23,571.43 Year 8- Dispatch 50300 AXON DISPATCH LICENSE 4 $3,428.57 $0.00 $3,428.57 Year 8- Dispatch 50300 AXON DISPATCH LICENSE 35 $0.00 $0.00 $0.00 Total $724,114.80 $20,951.54 $745,066.34
893
Jul 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Year 9 - IR IR2CA Interview Room 2 Camera Advanced 4 $0.00 $0.00 $0.00 Year 9 - IR IR2CA Interview Room 2 Camera Advanced 4 $11,404.00 $0.00 $11,404.00 Year 9 - Axon 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 9 - Axon 12022 AXON AIR, CLASS 1 UAS LICENSE 3 $0.00 $0.00 $0.00 Year 9 - Axon 73345 AXON CAMERA REFRESH THREE 1 $0.00 $0.00 $0.00 Year 9 - Axon 73346 AXON CAMERA REFRESH FOUR 1 $0.00 $0.00 $0.00 Year 9 - Axon 73891 RECORDS LICENSE, NON-SWORN 75 $0.00 $0.00 $0.00 Year 9 - Axon AB3C AB3 Camera Bundle 184 $0.00 $0.00 $0.00 Year 9 - Axon AB3MBD AB3 Multi Bay Dock Bundle 24 $0.00 $0.00 $0.00 Year 9 - Axon BWCamTAP Body Worn Camera TAP Bundle 1 $0.00 $0.00 $0.00 Year 9 - Axon ProLicense Pro License Bundle 19 $2,051.63 $0.00 $2,051.63 Year 9 - Fleet 3 80478 FLEET 3 RENEWAL WITH TAP TRUE UP 50 $1,596.30 $123.71 $1,720.01 Year 9 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 49 $81,492.92 $2,183.68 $83,676.60 Year 9 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 1 $2,110.33 $66.33 $2,176.66 Year 9 - OSP 2022OSP7+Premium10Year 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 153 $447,031.23 $16,745.49 $463,776.72 Year 9 - Unlimited 2022Unlim7+Prem10yr 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 29 $61,428.39 $1,832.33 $63,260.72 Year 9- Dispatch 50300 AXON DISPATCH LICENSE 105 $90,000.00 $0.00 $90,000.00 Year 9- Dispatch 50300 AXON DISPATCH LICENSE 55 $23,571.43 $0.00 $23,571.43 Year 9- Dispatch 50300 AXON DISPATCH LICENSE 4 $3,428.57 $0.00 $3,428.57 Year 9- Dispatch 50300 AXON DISPATCH LICENSE 35 $0.00 $0.00 $0.00 Total $724,114.80 $20,951.54 $745,066.34
Jul 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Year 10 - IR IR2CA Interview Room 2 Camera Advanced 4 $0.00 $0.00 $0.00 Year 10 - IR IR2CA Interview Room 2 Camera Advanced 4 $11,404.00 $0.00 $11,404.00 Year 10 - Axon 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 10 - Axon 12022 AXON AIR, CLASS 1 UAS LICENSE 3 $0.00 $0.00 $0.00 Year 10 - Axon 73345 AXON CAMERA REFRESH THREE 1 $0.00 $0.00 $0.00 Year 10 - Axon 73346 AXON CAMERA REFRESH FOUR 1 $0.00 $0.00 $0.00 Year 10 - Axon 73891 RECORDS LICENSE, NON-SWORN 75 $0.00 $0.00 $0.00 Year 10 - Axon AB3C AB3 Camera Bundle 184 $0.00 $0.00 $0.00 Year 10 - Axon AB3MBD AB3 Multi Bay Dock Bundle 24 $0.00 $0.00 $0.00 Year 10 - Axon BWCamTAP Body Worn Camera TAP Bundle 1 $0.00 $0.00 $0.00 Year 10 - Axon ProLicense Pro License Bundle 19 $2,051.63 $0.00 $2,051.63 Year 10 - Fleet 3 80478 FLEET 3 RENEWAL WITH TAP TRUE UP 50 $1,596.30 $123.71 $1,720.01 Year 10 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 49 $81,492.92 $2,183.68 $83,676.60 Year 10 - Fleet 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 1 $2,110.33 $66.33 $2,176.66 Year 10 - OSP 2022OSP7+Premium10Year 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 153 $447,031.23 $16,745.49 $463,776.72 Year 10 - Unlimited 2022Unlim7+Prem10yr 2022 UNLIMITED 7+ PREMIUM 10YR BUNDLE 29 $61,428.39 $1,832.33 $63,260.72 Year 10- Dispatch 50300 AXON DISPATCH LICENSE 105 $90,000.00 $0.00 $90,000.00 Year 10- Dispatch 50300 AXON DISPATCH LICENSE 35 $0.00 $0.00 $0.00 Year 10- Dispatch 50300 AXON DISPATCH LICENSE 4 $3,428.57 $0.00 $3,428.57 Year 10- Dispatch 50300 AXON DISPATCH LICENSE 55 $23,571.43 $0.00 $23,571.43 Total $724,114.80 $20,951.54 $745,066.34
894
895
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
896
Exceptions to Standard Terms and Conditions
Execution of this quote will terminate contracts associated with Q-222234, Q-259652, Q-263816, & Q336016 (executed contract #26611 & 55385) with Axon and will start a new 120 month contract.
The parties agree that Axon is charging a debit of $79,296.51 to capture the remaining value owed. This debit is based on a ship date range of 6/15/2022- 6/30/2022, resulting in a 7/15/2022 contract start date. Any change in this ship date and resulting contract start date will result in modification of this debit's value which may result in additional fees due to or from Axon. \s1\ \d1\
Signature Date Signed
3/29/2022
897
ATTENTION
This order may qualify for freight shipping, please fill out the following information.
Who is the receiving contact and what is the contact phone number for this shipment?
What are the receiving hours of operation?
Is a loading dock available for this incoming shipment? If yes, are you able to unload pallets from the trailer or will the driver need to assist with unload?
Do you have a forklift and/or pallet jack to transport pallets into your facility?
Are there any delivery restrictions (no 53' trailers, no box trucks, etc.)?
898
EXHIBIT “B”
STATEMENT OF WORK
[Beneath this sheet.]
899
S TAT E M E N T O F W O R K F O R
T H E I M P L E M E N TAT I O N O F
A X O N R E C O R D S A N D
D I S PAT C H F O R O R A N G E
P O L I C E D E PA R T M E N T
( " S O W ” )
Submitted By:
Axon Enterprise, Inc. (Axon)
17800 North 85t h Street
Scottsdale, AZ 85255
900
901
1 . P R O J E C T O V E R V I E W : ................................ . 1 1 . 1 S O F T W A R E ................................ ................................ . 1 1 . 2 D E F I N I T I O N S ................................ .............................. 1 1 . 3 O U T O F P R O J E C T S C O P E ................................ ................ 2 2 . P R O F E S S I O N A L S E R V I C E S : ........................... 3 2 . 1 G E N E R A L ................................ ................................ ... 3 2 . 2 I N T E R F A C E S ................................ ............................... 3 2 . 3 D A T A C O N V E R S I O N ................................ ....................... 4 2 . 4 R E P O R T I N G A N D D A T A S T O R E ................................ .......... 5 2 . 5 R E A D I N E S S ................................ ................................ . 5 2 . 6 T R A I N I N G ................................ ................................ .. 5 2 . 7 G O - L I V E ................................ ................................ .... 5 3 . P R O J E C T M A N A G E M E N T : ............................. 7 3 . 1 M A N A G E M E N T R E S O U R C E S ................................ ............. 7 3 . 2 R E Q U I R E M E N T S P L A N N I N G ................................ ............. 7 3 . 3 C H A N G E C O N T R O L ................................ ........................ 7 3 . 4 M I L E S T O N E C O M P L E T I O N R E P O R T ( “ M C R ” ) ......................... 7 4 . A G E N C Y C O M M I T M E N T S : ............................ 8 5 . S U P P O R T : ................................ ............. 9 6 . T E R M S A N D C O N D I T I O N S: ........................... 10
A T T A C H M E N T A - M I L E S T O N E C O M P L E T I O N R E P O R T T E M P L A T E ................................ ...... 11
A T T A C H M E N T B - P R O J E C T C H A N G E O R D E R T E M P L A T E ................................ ................ 13
A T T A C H M E N T C - T H I R D - P A R T Y P R O D U C T S A N D S E R V I C E S ................................ ................. 14 902
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1. P R O J E C T O V E R V I E W :
1 . 1 S O F T W A R E
The software detailed in this SOW includes, the listed functionality. Axon Dispatch
Axon Records
Axon Standards
1 . 2 D E F I N I T I O N S
T E R M D E F I N I T I O N
P A R T I E S
Agency Orange Police Department who is identified within this SOW End-Users Specific Agency groups that will use the system Professional Services The services that Axon will provide within the scope of this SOW
S Y S T E M S
Axon Systems Software solutions and Agency specific integrations developed by Axon CJIS The Federal Bureau of Investigation’s Criminal Justice Information System NIBRS National Incident Based Reporting System
DataStore The database Axon provides allowing Agency to query data Product The software solutions being implemented as part of this SOW Production Environment The operational environment where the Product will be accessed Service Portal An online portal provided by Axon where issues identified are entered and triaged
P R O J E C T & M I L E S T O N E S
Project Scope of this SOW as defined by the work to be completed described herein Project Change Order (PCO) Change order form outlined in Attachment B to be executed between Axon and Agency if a material change in scope is required to this SOW Go-Live All End-Users are activated and Agency is actively using the product Milestone Event that constitutes completion of work as listed in Attachment A Milestone Completion Report The report outlined in Attachment A to be executed at key Milestones between Agency and Axon to approve completion of Project phases Third-Party Products and
Services
Software, hardware, and services that are not owned by Axon but are being provided by Axon for this Project as listed in Attachment C 904
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T E R M D E F I N I T I O N
A C C E P T A N C E
Blocker Issue impacting 50% or more users
Integration Acceptance
Testing
Scheduled events for testing of each integration point and associated functionality in collaboration with Agency and Agency’s vendors Functional Acceptance Testing Testing the functionality of the system as configured for Agency 1 . 3 O U T O F P R O J E C T S C O P E
Axon is only responsible for performing the Professional Services described within this SOW. Any additional Professional Services that are not defined explicitly by this SOW shall be done so through a Project Change Order. The following are considered outside the scope of this Project:
Administration, management, or support of any internal City, County, State, Federal or Agency IT network or infrastructure
Third Party Products and Services costs related to the vendors or Agency’s cost of implementing the vendors or Agency’s side of the integration Changes made by Agency or Agency’s vendors
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2 . P R O F E S S I O N A L S E R V I C E S :
2 . 1 G E N E R A L
Agency will provide a Master Charge Table that Axon will load. 2 . 2 I N T E R F A C E S
Agency must provide technical documentation and/or facilitation of meetings with all third-party systems vendors where an integration is required. Axon will provide any relevant API documentation to Agency. Axon will conduct Integration Acceptance Testing demonstrating the functionality of each integration.
Agency must notify Axon of any changes in Agency’s side of the integration that is beyond Axon’s control and may impact the integration.
2.2.1 Dispatch | Vesta | E911 (ANI/ALI) Interface: Axon Dispatch will ingest information from the 911 service provider.
2.2.2 Records | CalDOJ | CIBRS Interface: Axon will deliver an interface between Axon Records and CalDOJ’s CIBRS portal for automated CIBRS reporting.
2.2.3 Dispatch | Cradlepoint | Automatic Vehicle Locator (“AVL”) Interface:
Axon Dispatch will ingest AVL data from Cradlepoint.
2.2.4 Dispatch |Auto-Tagging Data Services Interface: Axon will deliver an integration between Axon Dispatch and Axon Evidence that will populate Axon Evidence with data from the Axon Dispatch events .
2.2.5 Dispatch | NCIC/CLETS Interface: Axon will deliver an interface between Axon Dispatch and the established message switch
The following standard basic queries will be generated by Axon Dispatch: QDRV (Driver’s License), QVEH (Vehicle Registration), QA (Article), QBOT (Boat), QG (Gun). Moreover, the following list of queries will also be supported in Axon Dispatch.
CLETS (California Law Enforcement Telecommunications System):
Stolen Vehicle/Automated Boat Systems (SVS/ABS), CA Restraining Order & Protective Order Sy stem (CARPOS), All California DMV Queries (all encompassing), Wanted Persons (WPS-all encompassing), Supervised Release File (SRF), CA Sex & Arson Registry System (CSAR) , Missing & Unidentified Persons System (MUPS), Automated Property System (APS), 906
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Automated Firearm System (AFS), Mental Health Firearms Prohibition System, Armed Prohibited Persons System (APPS) .
NLETS (National Law Enforcement Telecommunications System) Driver History Query (KQ), Driver License Query by Name (DNQ), Driver’s License Query (DQ), State Warrant Query (SWQ), Vehicle Registration Query (RQ), Vehicle Registration Query By Name (RNQ)
National Crime Information Center (NCIC):
National Sex Offender Registry (NSOR), Protection Orders Orange County Systems (OCATS/AWSS):
Multiple Name Queries, Automated Jail System (AJS), Automated Warrant Service System (AWSS-Query and abstract, update, etc.-all encompassing), Orange County Probation
2.2.6 Dispatch | Rapid Deploy: Axon Dispatch will ingest caller location data from RapidDeploy.
2.2.7 Records | Coplogic: Axon will import online incident reports from Lexis Nexis CopLogic to create an Incident Report in Axon Records.
2.2.8 Records | Crossroads: Axon will import Crash and Citation information from Crossroads to be added to an Incident Report.
2.2.9 Records | Lexis Nexis: Axon will export incident report data to Lex is Nexis for online reporting.
2.2.10 Records | IDEMIA: Axon will import booking photos from IDEMIA Livescan shared folder or other proper method into Axon Records. 2 . 3 D A T A C O N V E R S I O N
Axon will work with Agency to map the data from the legacy data structures and formats into Axon Records and Axon Dispatch.
Data quality shall be addressed by Agency prior to pro visioning to Axon. If necessary, as determined by Axon, Agency must facilitate meetings with all third-party system vendors where a data conversion is required. Agency’s third-party system vendors will perform the extractions and provide Axon with data dictionaries, the structure, format, and any documentation that will allow effective migration of the data.
2.3.1 Inform | CAD Data Conversion: Axon will import the following data from the legacy (CentralSquare) system:
• Two years, call for service (CFS)
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• Two years unit history
• Two years unit activity
• Premise Hazard data
2.3.2 Central Square | Records Data Conversion (Classic-Inform RMS and WEB-Records Enterprise): Axon will import legac y UCR and CIBRS data from Central Square into Axon Records.
2 . 4 R E P O R T I N G A N D D A T A S T O R E
Axon will configure and make available to Agency a read only Azure SQL Database containing information within the Axon Systems allowing Agency to utilize available data.
Axon will provide Agency with a data dictionary and/or other appropriate documentation.
If Axon provides reports for specific purposes as indicated, it is the responsibility of Agency to maintain them.
Axon will allow access to the datastore by third party vendors as requested by agency, to allow the agency and/or vendor to utilize available data.
2. 5 R E A D I N E S S
Axon will conduct Functional Acceptance Testing via use cases approved by Axon and Agency.
All issues discovered during and after training will be entered into the service portal for triage.
2. 6 T R A I N I N G
Axon will document and propose a Training Plan to Agency based on user types and availability, including additional IT and Admin Training. All training will be hands on in an Axon provided Training environme nt. Agency will provide facilities and equipment for conducting the Training . Train the Trainer: Axon will provide session(s), materials and support allowing Agency’s in-house trainers to conduct their own Training . Agency is responsible for updating all T raining materials after final acceptance.
2. 7 GO - L I V E
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Axon will choreograph and orchestrate the Go -Live event. Commencing on the date of the Go-Live event, a 30-day reliability period will begin, allowing Agency to experience the Axon Records and Axon Dispatch functionality.
If no Blockers are reported during the 30-day reliability period, upon Agency agreement and signoff, the system shall be deemed to have achieved Final Acceptance.
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3. P R O J E C T M A N A G E M E N T:
3 . 1 M A N A G E M E N T R E S O U R C E S
Both Parties will assign a Project Manager to ensure completion of deliverables.
Axon’s Project Manager will ensure all team members from Axon and Agency are continually updated on the status of the Project.
3 . 2 R E Q U I R E M E N T S P L A N N I N G
All Project requirements will be documented in Requirements Planning. Once all requirements are agreed to, Axon’s Project Manager will work with Agency’s Project Manager to develop a Project plan for Axon’s implementation.
3 . 3 C H A N G E C O N T R O L
If any changes in the Project cause a material increase or decrease in fees , as determined by Axon, an adjustment in the fees will be agreed upon and included in a signed PCO form.
Agency acknowledges a proposed change request might have an impact on both scheduling and cost for the Project that will be outlined in the PCO form.
3 . 4 M I L E S T O N E C O M P L E T I O N R E P O R T ( “ M C R ” ) Axon will submit an MCR to Agency for approval upon completion of a Milestone.
Upon receiving an MCR, Agency has 14 calendar days to approve or respond in writing with issues related to the MCR. Failure to reply within 1 4 calendar days will be deemed approval.
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4 . A G E N C Y C O M M I T M E N T S :
Ensure the reasonable availability for meetings, phone or email of knowledgeable staff and personnel to provide timely and accurate documentation and information to Axon.
Identify holidays, non-workdays or major events that may impact the Project. Ensure Agency desktop or mobile systems and devices can access the Product.
Make available relevant systems if needed for assessment by Axon (including making these systems available to Axon via remote access if possible). Provide Axon with remote access to Agency’s Axon Evidence account when required.
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5 . S U P P O R T:
Axon will provide on-site Go-Live support the week the system is cut-over. The Product undergoes updates and enhancements which Agency will automatically receive.
Axon will provide Agency’s End Users access to the help.axon.com support portal to submit and review service tickets.
For Technical Support assistance, Agency may contact a Technical Support representative at 800-978-2737, or via email at [email protected]. Online, email-based support and remote-location troubleshooting are included on an ongoing basis as part of Agency’s investment in the Axon ecosystem. Phone support is available 24/7.
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6 . T E R M S A N D C O N D I T I O N S :
This SOW is governed by the Master Services and Purchasing Agreement executed by the Parties.
A X O N E N T E R P R I S E , I N C .
Signature: ________ _____________
Name: _________________________
Title: _________________________
Date: _________________________
A G E N C Y
Signature: _________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
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AT TA C H M E N T A - M I L E S T O N E C O M P L E T I O N
R E P O R T T E M P L AT E
By signing for the items in this Milestone Completion Checklist, I agree that Axon’s Professional Services Organization has reached the following milestone(s) for the Project agreed upon in the SOW between Axon and Orange Police Department:
□ Project Kickoff
□ Requirements Completion
□ Completion of Configuration
□ Functional Review and Acceptance Testing
□ Completion of Agency Training
□ Go-Live
□ Final Acceptance
Date Services were completed on:
_________ day of _______________ , 20___
Today’s Date: ______________
Agency Name: ______________________________________
Signature: _________________________________________
Printed Name: ______________________________________
Title: ______________________________________________
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Email: ______________________________________________
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AT TA C H M E N T B - P R O J E C T C H A N G E O R D E R
T E M P L AT E
Date:
Axon Product or Service:
Change Order Details
A X O N E N T E R P R I S E , I N C .
Signature: _____________________
Name: _________________________
Title: _________________________
Date: _________________________
A G E N C Y
Signature: _________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
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AT TA C H M E N T C - T H I R D - PA R T Y P R O D U C T S A N D
S E R V I C E S
In order to deliver a complete solution to Agency, Axon employs Third -Party Products and Services providers.
Axon will be responsible for the management of third parties identified within this Attachment C for the purposes of this Project. A ll communications between those third parties, Agency and Axon will be managed by Axon including any supporting requirements, Integration Acceptance Testing, Functional Acceptance Testing or the processing of PCO or MCR documentation.
The following Third-Party Products and Services are included within the scope of this SOW:
Commsys (“Commsys”):
Included within this Project are products and services from Commsys for purposes of connecting to and conducting transactions with state and/or regional information providers.
Agency agrees to provide a CJIS compliant server and operating environment for hosting of the Commsys software and make remote connectivity available to Axon as required in order to install, configure and test the software and its integratio n with Axon products. The technical requirements are:
o 1.4GHz 32 or 64 bit dual core processor, 4GB RAM, 120GB Hard Drive, Video Adapter and Monitor with a minimum resolution 1280x1024 and 256 colors , TCP/IP LAN Network connectivity to any client and software components on same or separate hardware , Established connectivity to a CJIS Interface
o Microsoft Operating System (32 or 64 -bit), Microsoft Windows Server 2012 R2 with Microsoft SQL Server 2012 and higher
▪ Or Microsoft Windows Server 2008 R2 SP1 with SQL Server 2014 and lower
o Microsoft SQL Server Management Studio, Microsoft Internet Information Services , IIS Management Console, IIS 6 Metabase Compatibility , IIS 6 Management Console, FastCGI Support, Internet Explorer 11
Microsoft Data Gateway (“Data Gateway”):
Included within this Project is software that allows integrations within Agency’s local environment to communicate with Axons cloud hosted environment.
Agency agrees to provide a CJIS server and operating environment for hosting of the Data Gateway.
917
EXHIBIT “C”
MASTER SERVICES AND PURCHASING AGREEMENT
[Beneath this sheet.]
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Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 1 of 22
This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and the agency listed below or, if no agency is listed below, the agency on the Quote attached hereto (“Agency”). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”. This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix (“Quote”). It is the intent of the Parties that this Agreement act as a master agreement governing all subsequent purchases by Agency for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows:
1. Definitions.
1.1. “Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com.
1.2. “Axon Device” means all hardware provided by Axon under this Agreement.
1.3. “Quote” means an offer to sell and is only valid for devices and services on the quote at the specified prices.
Any terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors.
1.4. “Services” means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.
2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated (“Term”).
2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote (“Subscription Term”).
2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5 years (“Renewal Term”). For purchase of TASER 7 as a standalone, Axon may increase pricing to its thencurrent list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.
3. Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees.
4. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate.
5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote.
6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.
7. Warranty.
7.1. Limited Warranty; Disclaimer. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm and Axonmanufactured accessories, which Axon warrants for 30 months and 90 days, respectively, from the date of Agency’s receipt. Used conducted energy weapon (“CEW”) cartridges are deemed to have operated properly.
Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term. All software and Axon Cloud Services, are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices, software, and services that are not manufactured, published or performed by Axon (“Third-Party Products”) are not covered by Axon’s 919
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warranty and are only subject to the warranties of the third-party provider or manufacturer.
7.2. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axonmanufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new.
Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon Manufactured Device or (b) 90-days from the date of repair or replacement.
7.2.1. If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Agency must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service.
7.3. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”). Spare Axon Devices are intended to replace broken or non-functioning units while Agency submits the broken or non-functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section
5. Axon assumes no liability or obligation in the e/vent Agency does not utilize Spare Axon Devices for the intended purpose.
7.4. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number.
Axon’s warranty will be void if Agency resells Axon Devices.
7.4.1.To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement.
7.4.2.Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.
7.5. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/salesterms-and-conditions.
7.6. Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Agency and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-termsand-conditions, if any.
7.7. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products and services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency expressly waives and releases any and all claims, now known or hereafter known, against Axon, and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of Axon or any Releasees or otherwise. Agency agrees not to make or bring any such claim against Axon or any other Releasee, and forever release and discharge Axon and all other Releasees from liability under such claims. Agency expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Agency.
8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables (“SOW”). In the event Axon provides an SOW to Agency, Axon is only responsible to perform Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference. 920
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9. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
10. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency.
11. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle.
12. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. 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. Agency will not cause any Axon proprietary rights to be violated.
14. IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon-manufactured Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon-manufactured Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon.
15. Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices.
16. Termination.
16.1. For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.
16.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable.
16.3. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for nonappropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components.
17. Confidentiality. “Confidential Information” means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for 5 years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Agency receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.
18. General.
18.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.
18.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
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18.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
18.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.
18.5. Export Compliance. Each Party will comply with all import and export control laws and regulations.
18.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.
This Agreement is binding upon the Parties respective successors and assigns.
18.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.
18.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.
18.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities.
18.10.Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
18.11.Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices:
Axon: Axon Enterprise, Inc. Agency: Orange Police Department Attn: Legal Attn:
17800 N. 85th Street Street Address: 1107 N Batavia St.
Scottsdale, Arizona 85255 City, State, Zip: Orange, CA 92867 [email protected] Email:
18.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.
Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature.
AXON: AGENCY:
Axon Enterprise, Inc. Orange Police Department
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
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Axon Cloud Services Terms of Use Appendix
1. Definitions.
1.1. “Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence but excludes Non-Content Data.
1.2. “Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content.
1.3. “Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. NonContent Data includes data about users captured during account management and customer support activities.
Non-Content Data does not include Agency Content.
1.4. “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data (“TASER Data”).
Agency may not upload non-TASER Data to Axon Evidence Lite.
3. Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records.
Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.
4. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum.
5. Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services.
5.1. Agency will also maintain the security of end usernames and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen.
5.2. To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.
6. Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products. 923
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7. Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. (“Skyhook”) to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy.
8. Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access.
9. Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency.
10. Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services , the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement.
11. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services.
12. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term, if any, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.
12.1. The Axon Records Subscription Term will end upon the competition of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon competition of the OSP 7 Term (“Axon Records Subscription”)
12.2. An “Update” is a generally available release of Axon Records that Axon makes available from time to time. An “Upgrade” includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications.
12.3. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency.
12.4. Users of Axon Records at the agency may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Agency exceed an average rate of 100 GB per user per year of uploaded files. Axon will not bill for overages.
13. Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
13.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
13.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; 924
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13.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
13.4. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
13.5. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
13.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or
13.7. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code.
14. After Termination. Axon will not delete Agency Content for 90 days following termination. There will be no functionality of Axon Cloud Services during these 90 days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services.
15. Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.
16. U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services.
17. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Privacy, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions. 925
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Axon Customer Experience Improvement Program Appendix
1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, “ACEIP Purposes”). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.
2. ACEIP Tier 1.
2.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, “ACEIP Content”). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual (“Privacy Preserving Technique(s)”). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request.
Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Agency Content or ACEIP Content (“Use Case”). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) (“New Use Case”).
2.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency.
3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Agency 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. 926
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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 Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Agency into ACEIP Tier 2 until Axon and Agency agree to terms in writing providing for such participation in ACEIP Tier 2.
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Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.
1. Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date.
2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to 4 consecutive days of on-site service and a professional services manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than 4 consecutive on-site days, Agency must purchase additional days. Axon Full Service options include:
System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access • One on-site session included
Dock configuration
• Work with Agency to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On-site assistance, not to include physical mounting of docks Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies
• Discuss the importance of entering metadata in the field for organization purposes and other best practice for digital data management
• Provide referrals of other agencies using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review
3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one day of on-site Services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which Services are appropriate. If Agency requires more than 1 day of on-site Services, Agency must purchase additional on-site Services. The Axon Starter options include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Agency need 928
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• Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access /Dock configuration
• Work with Agency to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using “Administrator” credentials from Agency • Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one day of on-site services.
5. CEW Services Packages. CEW Services Packages are detailed below:
System set up and configuration
• Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to include:
• Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies
• Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
• Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs.
• For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.
Post go-live review
For the CEW Full Service Package: On-site assistance included.
For the CEW Starter Package: Virtual assistance included.
6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:
Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models. 929
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Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.
Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course.
7. Signal Sidearm Installation Service. If Agency purchases Signal Sidearm Installation Service, Axon will provide one day of on-site Services and one professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased. Agency is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreed-upon installation date(s). Installation includes:
Removal of existing connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device
8. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
9. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays.
Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours.
10. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency.
Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.
11. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices (“User Documentation”). User Documentation will include all required environmental specifications for the professional Services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed (“Installation Site”) per the environmental specifications in the Axon Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it
12. Acceptance. When Axon completes professional Services, Axon will present an acceptance form (“Acceptance Form”) to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services.
13. Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause.
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Technology Assurance Plan Appendix
If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies.
1. TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year hardware limited warranty.
2. Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon.
3. OSP 7 Term. OSP 7 begins on the date specified in the Quote (“OSP 7 Term”).
4. TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body-worn camera (“BWC Upgrade”) as scheduled in the Quote. If Agency purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock.
5. TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote (“Dock Upgrade”). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option.
6. Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days before the end of the Subscription Term without prior confirmation from Agency.
7. Upgrade Change. If Agency wants to change Axon Device models for the offered BWC or Dock Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.
8. Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency.
9. Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 30 days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:
9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.
9.2. Axon will not and has no obligation to provide the Upgrade Models.
9.3. Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP.
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TASER 7 Appendix
This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon, if applicable.
1. Duty Cartridge Replenishment Plan. If the Quote includes “Duty Cartridge Replenishment Plan”, Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty.
2. Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, “Training Content”), Agency may access Training Content. Axon will deliver all Training Content electronically.
3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus the 4-year extended term.
4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount (“Trade-In Units”) to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.
Agency Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days
100 to 499 officers 90 days
500+ officers 180 days
5. TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 Start date.
6. Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. Agency may not exceed the number of end users than the Quote specifies.
7. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body.
8. Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination:
8.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given.
8.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination.
8.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan.
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Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.
1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency’s Computer-Aided Dispatch (“CAD”) or Records Management Systems (“RMS”). This allows end users to autopopulate Axon video meta-data with a case ID, category, and location-based on data maintained in Agency’s CAD or RMS.
2. Support. For thirty days after completing Auto-Tagging Services, Axon will provide up to 5 hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, so long as long as Agency maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS.
3. Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule.
4. Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to:
4.1. Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including remote access if possible);
4.2. Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services;
4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services;
4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services;
4.5. Promptly install and implement any software updates provided by Axon;
4.6. Ensure that all appropriate data backups are performed;
4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8. Provide Axon with remote access to Agency’s Axon Evidence account when required;
4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency; and
4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon.
5. Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial list to Agency.
Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.
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Axon Fleet Appendix
If Axon Fleet is included on the Quote, this Appendix applies.
1. Agency Responsibilities. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, “Axon Fleet”) as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to change.
2. Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly.
3. Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon.
4. Wireless Offload Server.
4.1. License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server (“WOS”). “Use” means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription.
4.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS.
4.3. Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS (“WOS Updates”) available electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.
4.4. WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s store and forward servers solely for troubleshooting and maintenance.
5. Axon Vehicle Software.
5.1. License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, “Axon Vehicle Software”.) “Use” means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription.
5.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software.
6. Acceptance Checklist. If Axon provides services to Agency pursuant to any statement of work in connection with Axon Fleet, within 7 days of the date on which Agency retrieves Agency's vehicle(s) from the Axon installer, said vehicle having been installed and configured with tested and fully and properly operational in-car hardware and software identified above, Agency will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables. 934
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7. Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the “Fleet Technology Assurance Plan” (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware (“Axon Fleet Upgrade”) as schedule on the Quote.
7.1. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade.
7.2. Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency.
8. Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon any termination:
8.1. Axon Fleet subscription coverage terminates, and no refunds will be given.
8.2. Axon will not and has no obligation to provide the Axon Fleet Upgrade.
8.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP.
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Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote.
1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.
2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s needs.
3. Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s consent.
4. Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier.
5. Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.
5.1. With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier.
6. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service. 936
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Add-on Services Appendix
This Appendix applies if Axon Citizen for Communities, Axon Redaction Assistant, and/or Axon Performance are included on the Quote.
1. Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency.
1.1. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the Effective Date.
1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the addon.
2. Axon Citizen Storage. For Axon Citizen, Agency may store an unlimited amount of data submitted through the public portal (“Portal Content”), within Agency’s Axon Evidence instance. The post-termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.
3. Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency, Axon will need to store call for service data from Agency’s CAD or RMS. 937
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Axon Auto-Transcribe Appendix
This Appendix applies if Axon Auto-Transcribe is included on the Quote.
1. Subscription Term. If Agency purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Cloud Services license term, or (2) date Axon provisions Axon Auto-Transcribe to Agency. If Agency purchases Axon AutoTranscribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto-Transcribe to Agency.
1.1. If Agency cancels Auto-Transcribe services, any amounts owed by the Parties will be based on the amount of time passed under the annual subscription, rather than on the number of minutes used, regardless of usage.
2. Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Agency a set number of minutes, Agency may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Agency will not have the ability to roll over unused minutes to future Auto-Transcribe terms. Axon may charge Agency additional fees for exceeding the number of purchased minutes. Axon Auto-Transcribe minutes expire one year after being provisioned to Agency by Axon.
3. Axon Unlimited Transcribe. Upon Axon granting Agency an Unlimited Transcribe subscription to Axon AutoTranscribe, Agency may utilize Axon Auto-Transcribe with no limit on the number of minutes. Unlimited Transcribe includes automatic transcription of all Axon BWC and Axon Capture footage. With regard to Axon Interview Room, Axon Fleet, Axon Citizen, or third-party transcription, transcription must be requested on demand. Notwithstanding the foregoing, Axon may limit usage after 5,000 minutes per user per month for multiple months in a row. Axon will not bill for overages.
4. Warranty. Axon disclaims all warranties, express or implied, for Axon Auto-Transcribe. 938
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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 Agency related to virtual reality (collectively, “Virtual Reality Media”).
2. Headsets. Agency may purchase additional virtual reality headsets from Axon. In the event Agency decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Agency must purchase those headsets from Axon.
3. License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. If Agency utilizes more users than stated in this Agreement, Agency must purchase additional Virtual Reality Media licenses from Axon. Agency may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Agency may not:
3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;
3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same;
3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;
3.4. use trade secret information contained in Virtual Reality Media;
3.5. resell, rent, loan or sublicense Virtual Reality Media;
3.6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or
3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.
4. Privacy. Agency’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/legal/axon-virtual-reality-privacy-policy.
5. Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement.
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Axon Channel Services Appendix
This Appendix applies if Agency purchases Axon Channel Service, as set forth on the Quote.
1. Definitions.
1.1. “Axon Digital Evidence Management System” means Axon Evidence or Axon Commander, as specified in the attached Channel Services Statement of Work.
1.2. “Active Channel” means a third-party system that is continuously communicating with an Axon Digital Evidence Management System.
1.3. “Inactive Channel” means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System.
2. Scope. Agency currently has a third-party system or data repository from which Agency desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Agency’s third-party data into an Axon Digital Evidence Management System or the transfer of Agency data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work (“Channel Services SOW”). Channel Services will not delete any Agency Content. Agency is responsible for verifying all necessary data is migrated correctly and retained per Agency policy.
3. Purpose and Use. Agency is responsible for verifying Agency has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Agency is responsible for any changes to a third-party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Agency’s network and systems to perform the Services described in the Channel Services SOW. Agency is responsible for facilitating this access per all laws and policies applicable to Agency.
4. Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget.
5. Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner.
6. Monitoring. Axon may monitor Agency’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement.
Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of channel services.
7. Agency’s Responsibilities. Axon’s successful performance of the Channel Services requires Agency:
7.1. Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access);
7.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Channel Services);
7.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services;
7.4. Ensure all appropriate data backups are performed;
7.5. Provide Axon with remote access to the Agency’s network and third-party systems when required for Axon to perform the Channel Services;
7.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and
7.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services).
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Sourcewell Contract #010720-AXN | Amendment #1
AMENDMENT #1
TO
CONTRACT #010720-AXN
THIS AMENDMENT is by and between Sourcewell and Axon Enterprise Inc. (Vendor).
Sourcewell awarded a contract to Vendor for Public Safety Video Surveillance Solutions with Related Equipment, Software and Accessories effective February 25, 2020, through February 21, 2024 (Contract).
The parties wish to amend the following terms within the Contract:
1. This Amendment is effective upon the date of the last signature below.
2. Vendor’s Master Services and Purchasing Agreement (Version 8.0) is deleted in its entirety and replaced with its updated Master Services and Purchasing Agreement (Version 13.0), which is attached hereto and incorporated herein.
Except as amended above, the Contract remains in full force and effect.
Sourcewell Axon Enterprise Inc.
By: By:
Jeremy Schwartz, Chief Procurement Officer Chris Kirby, VP of Sales Date: Date:
Approved:
By:
Chad Coauette, Executive Director/CEO
Date:
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This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and the agency on the Quote (“Agency”). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”. This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix (“Quote”). It is the intent of the Parties that this Agreement act as a master agreement governing all subsequent purchases by Agency for the same Axon products and services in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote. The Parties therefore agree as follows:
1 Definitions.
“Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Evidence.com and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. “Axon Device” means all hardware provided by Axon under this Agreement. “Quote” means an offer to sell and is only valid for devices and services on the quote at the specified prices.
Any terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote.
Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors. “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”).
All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 plans begin after shipment of the applicable Axon Device. If Axon ships the Axon Device in the first half of the month, the start date is the 1st of the following month. If Axon ships the Axon Device in the second half of the month, the start date is the 15th of the following month. For purchases solely of Axon Evidence subscriptions, the start date is the Effective Date. Each subscription term ends upon completion of the subscription stated in the Quote (“Subscription Term”).
Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5 years (“Renewal Term”). For purchase of TASER 7 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.
3 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees. 4 Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate.
5 Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. 6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.
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7 Warranty.
7.1 Hardware Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm, which Axon warrants for 30 months from the date of Agency’s receipt. Axon warrants its Axon-manufactured accessories for 90-days from the date of Agency’s receipt. Used conducted energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term. NonAxon manufactured Devices are not covered by Axon’s warranty. Agency should contact the manufacturer for support of non-Axon manufactured Devices.
7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Device with the same or like Device, at Axon’s option. A replacement Axon Device will be new or like new. Axon will warrant the replacement Axon Device for the longer of (a) the remaining warranty of the original Axon Device or (b) 90-days from the date of repair or replacement.
If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering a Axon Device for service, Agency must upload Axon 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 Device sent to Axon for service.
7.3 Spare Axon Devices. For qualified purchases, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”). Spare Axon Devices are intended to replace broken or non-functioning units while Agency submits the broken or nonfunctioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose.
7.4 Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number.
7.4.1 To the extent permitted by law, the above warranties and remedies are exclusive.
Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement.
7.4.2 Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.
8 Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables (“SOW”). In the event Axon provides an SOW to Agency, Axon is only responsible to perform Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference.
9 Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
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10 Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency. 11 Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle. 12 Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 13 Indemnification. Axon will indemnify Agency’s officers, directors, and employees (“Agency Indemnitees”) against all claims, demands, losses, and reasonable expenses arising out of a third-party claim against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under this Agreement, except to the extent of Agency’s negligence or willful misconduct, or claims under workers compensation.
14 IP Rights. Axon owns and reserves all right, title, and interest in Axon devices and services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated.
15 IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon. 16 Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices. 17 Termination.
17.1 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.
17.2 By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable.
17.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate.
Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components.
18 Confidentiality. “Confidential Information” means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be
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understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for 5-years thereafter. Axon pricing is Confidential Information and competition sensitive. If Agency is required by law to disclose Axon pricing, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.
19 General.
19.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.
19.2 Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
19.3 Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
19.4 Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.
19.5 Export Compliance. Each Party will comply with all import and export control laws and regulations.
19.6 Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns.
19.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.
19.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.
19.9 Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities.
19.10 Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
19.11 Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices:
Axon: Axon Enterprise, Inc. Agency:
Attn: Legal Attn:
17800 N. 85th Street Street Address
Scottsdale, Arizona 85255 City, State, Zip
[email protected] Email
19.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or
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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 representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature.
Axon Enterprise, Inc. Agency
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
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Axon Cloud Services Terms of Use Appendix
1 Definitions.
“Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency.
Agency Content includes Evidence but excludes Non-Content Data. “Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency.
Evidence is a subset of Agency Content.
“Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2 Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data (“TASER Data”). Agency may not upload nonTASER Data to Axon Evidence Lite. 3 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.
4 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum.
5 Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services.
Agency will also maintain the security of end user names and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately
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if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen.
To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at
https://www.youtube.com/static?template=terms.
6 Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-servicesprivacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.
7 Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. (“Skyhook”) to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. 8 Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access.
9 Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage.
Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services , the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent.
Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement. 11 Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services. 12 Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.
The Axon Records Subscription Term will end upon the competition of the Axon Records
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Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon competition of the OSP 7 Term (“Axon Records Subscription”) 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.
New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency. 13 Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;
13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
13.4 use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
13.5 access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
13.6 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or
13.7 use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code.
14 After Termination. Axon will not delete Agency Content for 90-days following termination. There will be no functionality of Axon Cloud Services during these 90-days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Content.
Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services.
15 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.
16 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services.
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17 Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions.
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Axon Customer Experience Improvement Program Appendix
1 Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, “ACEIP Purposes”). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.
1.1 ACEIP Tier 1.
1.1.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, “ACEIP Content”). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual (“Privacy Preserving Technique(s)”). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted.
This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices
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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applicable to the Agency Content or ACEIP Content (“Use Case”). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) (“New Use Case”).
1.1.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency.
1.2 ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2, grants Axon certain additional rights to use Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed or de-identified data.
܆ Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. By checking this box, Agency hereby agrees to the Axon Customer Experience Improvement Program Tier 2 Terms of Service, available at https://www.axon.com/sales-terms-and-conditions and incorporated herein by reference.
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Professional Services Appendix
1 Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date.
2 Body-Worn Camera Full Service (BWC Full Service). BWC Full Service includes advance remote project planning and configuration support and up to 4 consecutive days of on-site service and a professional services manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than 4 consecutive onsite days, Agency must purchase additional days. BWC Full Service options include:
System set up and configuration
x Instructor-led setup of Axon View on smartphones (if applicable) x Configure categories and custom roles based on Agency need x Register cameras to Agency domain
x Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access x One on-site session included
Dock configuration
x Work with Agency to decide the ideal location of Docks and set configurations on Dock x Authenticate Dock with Axon Evidence using admin credentials from Agency x On-site assistance, not to include physical mounting of docks Best practice implementation planning session
x Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies x Discuss the importance of entering metadata in the field for organization purposes and other best practice for digital data management
x Provide referrals of other agencies using the Axon camera devices and Axon Evidence x Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies
End user go-live training and support sessions
x Assistance with device set up and configuration
x 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 (BWC Starter). BWC Starter includes advance remote project planning and configuration support and one day of on-site Services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which Services are appropriate. If Agency requires more than 1 day of on-site Services, Agency must purchase additional on-site Services. The BWC Starter options include:
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System set up and configuration (Remote Support)
x Instructor-led setup of Axon View on smartphones (if applicable) x Configure categories & custom roles based on Agency need x Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access Dock configuration
x Work with Agency to decide the ideal location of Dock setup and set configurations on Dock x Authenticate Dock with Axon Evidence using “Administrator” credentials from Agency x Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions
x Assistance with device set up and configuration
x 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 (BWC Virtual). BWC Virtual includes all items in the BWC Starter Service Package, except one day of on-site services. 5 CEW Services Packages. CEW Services Packages are detailed below:
System set up and configuration
x Configure Axon Evidence categories & custom roles based on Agency need. x Troubleshoot IT issues with Axon Evidence.
x Register users and assign roles in Axon Evidence.
x For the CEW Full Service Package: On-site assistance included x For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager).
Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to include:
x Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies x Discuss the importance of entering metadata and best practices for digital data management x Provide referrals to other agencies using TASER CEWs and Axon Evidence x For the CEW Full Service Package: On-site assistance included x For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
x Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs.
x For the CEW Full Service Package: Training for up to 3 individuals at Agency x For the CEW Starter Package: Training for up to 1 individual at Agency
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TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.
Post go-live review
For the CEW Full Service Package: On-site assistance included.
For the CEW Starter Package: Virtual assistance included. 6 Smart Weapon Transition Service. The Smart Weapon Transition Service includes:
Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models.
Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.
Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1- Day Device Specific Instructor Course.
7 Signal Sidearm Installation Service. If Agency purchases Signal Sidearm Installation Service, Axon will provide one day of on-site Services and one professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased. Agency is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreed-upon installation date(s). Installation includes:
Removal of existing connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device
8 Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
9 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 10 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 11 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices (“User Documentation”). User Documentation will include all required environmental specifications for the professional Services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed (“Installation Site”) per the environmental specifications in the Axon Device User Documentation.
Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it
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12 Acceptance. When Axon completes professional Services, Axon will present an acceptance form (“Acceptance Form”) to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services.
13 Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause.
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Technology Assurance Plan Appendix
If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies. 1 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year Hardware Limited Warranty.
2 Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon.
3 OSP 7 Term. OSP 7 begins after Axon ships the Axon Body 3 or TASER 7 hardware to Agency. If Axon ships in the first half of the month, OSP 7 starts the 1st of the following month. If Axon ships in the second half of the month, OSP 7 starts the 15th of the following month (“OSP 7 Term”). 4 TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body-worn camera (“BWC Upgrade”) as scheduled in the Quote.
If Agency purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock.
5 TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote (“Dock Upgrade”). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option.
6 Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days before the end of the Subscription Term without prior confirmation from Agency. 7 Upgrade Change. If Agency wants to change Axon Device models for the offered BWC or Dock Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.
8 Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency.
9 Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 30 days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:
9.1 TAP and OSP coverage terminate as of the date of termination and no refunds will be given.
9.2 Axon will not and has no obligation to provide the Upgrade Models.
9.3 Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP.
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TASER 7 Appendix
This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon. 1 Duty Cartridge Replenishment Plan. If the Quote includes “Duty Cartridge Replenishment Plan”, Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty. 2 Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, “Training Content”), Agency may access Training Content. Axon will deliver all Training Content electronically.
3 Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus the 4-year extended term.
4 Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount (“Trade-In Units”) to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the tradein credit. Agency may not destroy Trade-In Units and receive a trade-in credit.
Agency Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days
100 to 499 officers 90 days
500+ officers 180 days
5 TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 Start date.
6 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. Agency may not upload any non-TASER 7 data or any other files to Axon Evidence. Agency may not exceed the number of end users than the Quote specifies.
7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body.
8 Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination:
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8.1 TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given.
8.2 Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination.
8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan.
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Axon Auto-Tagging Appendix
1 Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency’s Computer-Aided Dispatch (“CAD”) or Records Management Systems (“RMS”).
This allows end users to auto-populate Axon video meta-data with a case ID, category, and locationbased on data maintained in Agency’s CAD or RMS. 2 Support. For thirty days after completing Auto-Tagging Services, Axon will provide up to 5 hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, so long as long as Agency maintains an Axon Evidence and Auto-Tagging subscription.
Axon will not provide support if a change is required because Agency changes its CAD or RMS. 3 Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 4 Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to:
4.1 Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including remote access if possible);
4.2 Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services;
4.3 Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services;
4.4 Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services;
4.5 Promptly install and implement any software updates provided by Axon;
4.6 Ensure that all appropriate data backups are performed;
4.7 Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8 Provide Axon with remote access to Agency’s Axon Evidence account when required;
4.9 Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency; and
4.10 Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. 5 Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.
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Axon Fleet Appendix
1 Agency Responsibilities. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, “Axon Fleet”) as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to change. 2 Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly.
3 Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon. 4 Wireless Offload Server.
4.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server (“WOS”). “Use” means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription.
4.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS.
4.3 Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS (“WOS Updates”) available electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.
4.4 WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s store and forward servers solely for troubleshooting and maintenance. 5 Axon Vehicle Software.
5.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, “Axon Vehicle Software”.) “Use” means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription.
5.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h)
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remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software. 6 Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the “Fleet Technology Assurance Plan” (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware (“Fleet Upgrade”) as schedule on the Quote.
If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade.
Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body.
8 Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon any termination:
8.1 Axon Fleet subscription coverage terminates, and no refunds will be given.
8.2 Axon will not and has no obligation to provide the Axon Fleet Upgrade.
8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP.
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Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus. 1 Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency.
If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date.
The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.
2 Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate goodfaith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s needs.
3 Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s consent. 4 Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier. 5 Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.
With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier.
6 Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Aware services, including any Axon-provided LTE service.
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Add-on Services Appendix
This Appendix applies to Axon Citizen for Communities, Axon Redaction Assistant, and Axon Performance.
1 Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency.
If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the Effective Date.
The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add-on.
2 Axon Citizen Storage. For Axon Citizen, Agency may store an unlimited amount of data submitted through the public portal (“Portal Content”), within Agency’s Axon Evidence instance. The posttermination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.
3 Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency, Axon will need to store call for service data from Agency’s CAD or RMS.
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Axon Auto-Transcribe Appendix
This Appendix applies to Axon Auto-Transcribe.
1) Subscription Term. If Agency purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Cloud Services license term, or (2) date Axon provisions Axon Auto-Transcribe to Agency. If Agency purchases Axon Auto-Transcribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto-Transcribe to Agency.
Axon Auto-Transcribe minutes expire one year after being provisioned to Agency by Axon.
If Agency cancels Auto-Transcribe services, any amounts owed by the Parties will be based on the amount of time passed under the annual subscription, rather than on the number of minutes used, regardless of usage.
2) Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Agency a set number of minutes, Agency may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Agency will not have the ability to roll over unused minutes to future Auto-Transcribe terms. Axon may charge Agency additional fees for exceeding the number of purchased minutes. 3) Axon Auto-Transcribe On-Demand. Upon Axon granting Agency an On-Demand subscription to Axon Auto-Transcribe, Agency may utilize Axon Auto-Transcribe with no limit on the number of minutes. The scope of Axon Auto-Transcribe On-Demand is to assist Agency with reviewing and transcribing individual evidence items. In the event Agency uses Axon Auto-Transcribe OnDemand outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon Auto-Transcribe On-Demand to better meet Agency’s needs. 4) Warranty. Axon does not warrant the accuracy of Axon Auto-Transcribe.
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Axon Virtual Reality Content Terms of Use Appendix
1 Term. The Quote will detail the duration of the Virtual Reality Content license. 2 Headsets. Agency may purchase additional virtual reality headsets from Axon. In the event Agency decides to purchase additional virtual reality headsets for use with Axon’s Virtual Reality Content, Agency must purchase those headsets from Axon.
3 License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. If Agency utilizes more users than stated in this Agreement, Agency must purchase additional Virtual Reality Content licenses from Axon. Agency may not use Virtual Reality Content for any purpose other than as expressly permitted by this Agreement. Agency may not:
3.1 modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Content;
3.2 reverse engineer, disassemble, or decompile Virtual Reality Content or apply any process to derive the source code of Virtual Reality Content, or allow others to do the same;
3.3 copy Virtual Reality Content in whole or part, except as expressly permitted in this Agreement;
3.4 use trade secret information contained in Virtual Reality Content;
3.5 resell, rent, loan or sublicense Virtual Reality Content;
3.6 access Virtual Reality Content to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Content; 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 Content or any copies of Virtual Reality Content.
4 Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement.
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Flock Software Terms of Use Appendix
1 Definitions.
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.
“Aggregated Data” means information that relates to a group or category of customers, from which individual customer identities have been removed, that is not linked or reasonably linkable to any customer, including via a device.
“Authorized End User” shall mean any individual employees, agents, or contractors of Customer accessing or using the Flock Services through the Web Interface, under the rights granted to Customer pursuant to this Agreement.
"Customer Data” will mean the data, media and content provided by Customer through the Flock Services. For the avoidance of doubt, the Customer Data will include the Footage and geolocation information and environmental data collected by sensors built into the Units. “Documentation” will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Flock Services which are provided by Flock to Customer in accordance with the terms of this Agreement. “Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Hardware.
“Flock IP” will mean the Flock Services, the Documentation, the Hardware, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Customer and/or its Authorized End Users in connection with the foregoing. “Flock Services” means the provision, via the Web Interface, of Flock’s software application for automatic license plate detection, searching image records, and sharing Footage. “Flock System” means collectively, the Hardware, Embedded Software, and Flock Services. “Footage” means still images and/or video captured by the Hardware in the course of and provided via the Flock Services.
“Hardware” shall mean the Flock cameras and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term “Hardware” excludes the Embedded Software.
“Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in Section 1.9 below.
“Installation Services” means the services provided by Flock including the installation, placements and configuration of the Hardware, pursuant to any Statement of Work. “Non-Customer End User” means a Flock customer that has elected to give Customer access to its data in the Flock System.
“Non-Customer End User Data” means the Footage, geolocation data, environmental data and/or notifications of a Non-Customer End User.
“Support Services” shall mean On-site Services and Monitoring Services, as defined in Section
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2.9 below.
“Unit(s)” shall mean the Hardware together with the Embedded Software. “Usage Fee” means the subscription fees to be paid by the Customer for ongoing access to Services and Hardware.
“Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Flock Services in accordance with the terms of this Agreement. 2 Flock Services.
2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the term of Customer’s agreement, solely for the Authorized End Users. The Footage will be available for Customer’s designated administrator, listed on the Order Form, and any Authorized End Users to access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account, and select a password and username (“User ID”). Flock will also provide Customer with the Documentation to be used in accessing and using the Flock Services.
Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Customer, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Services, and shall cause Authorized End Users to comply with such provisions.
Flock may use the services of one or more third parties to deliver any part of the Flock Services, including without limitation using a third party to host the Web Interface which makes the Flock Services available to Customer and Authorized End Users. Flock will pass through any warranties that Flock receives from its then-current third-party service provider to the extent that such warranties can be provided to Customer. Except in the event of Flock's willful misconduct or negligence, such warranties as provided by such third-parties are Customer’s sole and exclusive remedy and Flock’s sole and exclusive liability with regard to such third-party services, including without limitation, hosting the web interface.
Customer agrees to comply with any acceptable use policies and other terms of any third party service provider that are provided or otherwise made available to Customer from time to time.
2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Customer a limited, non-exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware by Flock; in each case, solely as necessary for Customer to use the Flock Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Customer a non-exclusive, non-transferable right and license to use the Documentation during the Service Term for Customer’s internal purposes in connection with its use of the Flock Services as contemplated herein.
2.4 Usage Restrictions. The purpose for usage of the Hardware, Documentation, Services, support, and Flock IP is solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture (“Permitted Purpose”). Customer will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or
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interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Customer acknowledges that nothing in this Agreement will be construed to grant Customer any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Flock Services or Flock IP; (vi) use the Flock Services, support, Hardware, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Customer’s rights under Sections 2.1, 2.2, or 2.3.
2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights.
2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Customer’s or any Authorized End User’s use of the Flock Service disrupts or poses a security risk to the Flock Service or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock’s provision of the Flock Services to Customer or any Authorized End User is prohibited by applicable law; (e) any vendor of Flock has suspended or terminated Flock’s access to or use of any third party services or products required to enable Customer to access the Flock; or (f) Customer has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose, and has failed to cure such violation within thirty days following written notice of such violation from Flock (each such suspension, in accordance with this Section
2.6, a “Service Suspension”). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Customer (including notices sent to Flock’s registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Flock Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will extend the Customer’s term by the duration of any suspension (for any continuous suspension lasting at least one full day) where the Service Suspension is not caused by the direct Customer’s actions or by the actions of parties associated with the Customer. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer or any Authorized End User may incur as a result of a Service Suspension.
2.7 Installation Services.
2.7.1. Designated Locations. Prior to performing the physical installation of the Units, Flock shall advise Customer on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. While Flock will provide advice regarding the location of positioning of such Units, Customer will have the ultimate decision regarding the location, position and angle of the Units (each Unit location so designated by Customer, a “Designated Location”). Due to the fact that Customer selects the Designated Location, Flock shall have no liability to Customer resulting from any poor performance, functionality or Footage
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resulting from or otherwise relating to the Designated Locations. After an installation plan with Designated Locations and equipment has been agreed upon by both Flock and the Customer, any subsequent changes to the installation plan driven by Customer's request will incur a $250 charge in addition to any equipment charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, changes to heights of poles, and removing foliage.
2.7.2. Customer’s Installation Obligations. Customer agrees to allow Flock and its agents reasonable access to the designated installation locations at all reasonable times upon reasonable notice for the purpose of performing the installation work (together with the preceding sentence, the “Customer Installation Obligations”).
It is understood that the Implementation Fees do not include any permits or associated costs, any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use, or any other services performed in connection therewith and that Customer shall be solely responsible for the foregoing. Customer represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation.
2.7.3. Flock’s Installation Obligations. The Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are selected by Customer. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Customer can opt out of Flock’s access to Footage after the initial installation which would waive Flock’s responsibility to ensure such action was successful. Customer understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party.
2.7.4. Theft and Damage. Flock agrees to replace the Hardware up to one (1) time during the Term of the Agreement, at no cost to Customer, in the event of theft or damage.
Subsequent replacement due to damage or theft will be at Customer’s own expense, at a replacement cost of three hundred dollars ($300) per camera.
Customer shall not be required to replace subsequently damaged or stolen units; however, Customer understands and agrees that functionality, including Footage, will be materially affected due to such subsequently damaged or stolen units and that Flock will have no liability to Customer regarding such affected functionality nor shall the Fees owed be impacted.
2.7.5. Security Interest. The Hardware shall remain the personal property of Flock and will be removed upon the termination or expiration of Customer’s Agreement.
Customer agrees to perform all acts which may be necessary to assure the retention of title of the Hardware by Flock. Should Customer default in any payment for the Flock Services or any part thereof or offer to sell or auction the Hardware, then Customer authorizes and empowers Flock to remove the Hardware or any part thereof. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its
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services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or hazardous conditions shall be the responsibility of Customer and shall be paid promptly upon billing.
2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and of Flock Services and may, from time to time, advise Customer on changes to the Services or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”). Subject to the terms hereof, Flock will provide Customer with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at [email protected]. Flock will use commercially reasonable efforts to respond to requests for support.
2.10 Intentionally deleted.
2.11 Changes to Platform. Flock Safety may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock Safety’s products or services to its customers, (b) the competitive strength of, or market for, Flock Safety’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. 3 Customer Responsibilities.
3.1 Customer Obligations. Upon creation of a User ID, Customer agrees to provide Flock with accurate, complete, and updated registration information. Customer may not select as its User ID a name that Customer does not have the right to use, or another person’s name with the intent to impersonate that person. Customer may not transfer its account to anyone else without prior written permission. Customer will not share its account or password with anyone and must protect the security of its account and password. Customer is responsible for any activity associated with its account. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Customer will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Customer facilities, as well as by means of assistance from Customer personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. To the extent allowed by the governing law of the state mentioned in Section 9.6, or if no state is mentioned in Section
9.6, by the law of the State of Georgia, Customer hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses, including without limitation costs and attorneys’ fees, in connection with any claim or action that arises from an alleged violation of Customer's representations and warranties made pursuant to this Section 3.2, Customer’s Installation Obligations, or otherwise from Customer’s use of the Flock Services, Hardware and any Embedded Software, including
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any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Customer’s use of the Flock Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
4 Confidentiality; Data, Feedback; Aggregated Statistics.
4.1 Customer and Non-Customer End User Data. As between Flock and Customer, all right, title and interest in the Customer Data and Non-Customer End User Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Customer Data and Non-Customer End User Data and perform all acts with respect to the Customer Data and Non-Customer End User Data as may be necessary for Flock to provide the Flock Services to Customer, and a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Customer Data and Non-Customer End User Data as a part of the Aggregated Data (as defined in Section 4.4 below). This Agreement does not by itself make any Non-Customer End User Data the sole property or the Proprietary Information of Customer.
4.2 Feedback. If Customer provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
4.3 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Flock Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Customer acknowledges that Flock will be compiling Aggregated Data based on Customer Data and Non-Customer End User Data input into the Flock Services (“Aggregated Data”). Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to use and distribute such Aggregated Data to improve and enhance the Services and for other marketing, development, diagnostic and corrective purposes in connection with the Flock Services and other Flock offerings. No rights or licenses are granted except as expressly set forth herein.
4.4 Confidentiality. Each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units (“Customer Data”). The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will the Receiving Party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Customer alerts, such as when a car exits Customer’s neighborhood, or to analyze the data collected to identify motion or
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other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. In the event Customer requests Flock to enable law enforcement monitoring against law enforcement hotlists, Customer hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the term hereof) to disclose the Customer Data (inclusive of any Footage and Footage search access) to enable law enforcement monitoring against law enforcement hotlists. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order, subject to Section 9.1 below. 5 RESERVED.
6 RESERVED.
7 Remedy; Warranty; and Disclaimer.
7.1 Remedy. Upon a malfunction or failure of Hardware or Embedded Software (a “Defect”), Customer must first make commercially reasonable efforts to address the problem by contacting Flock’s technical support as described in Section 2.9 above. If such efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to, in its sole discretion, repair or replace the Hardware or Embedded Software suffering from the Defect.
Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit; provided that such inspection and test shall occur within seventy-two (72) hours after Customer notifies the Flock of a Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Flock agrees to replace the Unit at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Customer shall not be required to replace subsequently lost, damaged or stolen Units, however, Customer understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen units and that Flock will have no liability to Customer regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the following exclusions apply: (a) misuse of the Hardware or Embedded Software in any manner, including operation of the Hardware or Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or other restrictions on use provided by Flock; (b) damage, alteration, or modification of the Hardware or Embedded Software in any way; or (c) combination of the Hardware or Embedded Software with software, hardware or other technology that was not expressly authorized by Flock.
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7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Flock Services. Flock Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE HARDWARE AND/OR EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE FLOCK SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FLOCK SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN
THIS SECTION, THE FLOCK SERVICES AND INSTALLATION SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
7.5 Force Majeure. Flock Safety is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Customer or any Authorized End User.
8 Limitation of Liability and Indemnity.
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK
AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND
TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH
RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND
CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR
INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR
CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B)
FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR
REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY
TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; OR (E) FOR ANY AMOUNTS THAT,
TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE
FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE FLOCK SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE
ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, CUSTOMER SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE FLOCK SERVICES.
8.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees
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that occur within the scope of their official duties. Customer will not pursue any claims or actions against Flock’s suppliers.
8.3 Indemnity. Customer hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of Section 3.1, a breach of this Agreement, Customer’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Customer End Users, or otherwise from Customer’s use of the Flock Services, Hardware and any Software, including any claim that such actions violate any applicable law or third party right.
Although Flock has no obligation to monitor Customer’s use of the Flock Services, Flock may do so and may prohibit any use of the Flock Services it believes may be (or alleged to be) in violation of the Section 3.2 or this Agreement. 9 Record Retention.
9.1 Data Preservation. The Customer agrees to store Customer Data and Non-Customer End User Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Customer’s consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to store the Customer Data or the Non-Customer End User Data, Customer agrees to preserve and securely store this data on Flock’s behalf so that Flock can delete the data from its servers and, should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Customer upon demand, provided, however, if Flock receives a disclosure request for Customer Data, Flock will give Customer notice, unless legally prohibited from doing so, to allow Customer to file an objection with the court or administrative body. 10 Miscellaneous.
10.1 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Flock Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website.
10.2 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in FAR section 2.101, the Flock Services, the Hardware, the Embedded Software and Documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
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Skydio Terms of Use Appendix
1 Definitions.
“Advanced Software” means optional capabilities, functions or other features of the Onboard Software that may be specified and identified as such in the Quote. Skydio’s characterization of capabilities, functions or other features as Advanced Software shall be dispositive. Notwithstanding any other provision herein, a software feature that is locked or otherwise disabled unless or until an Advanced Software Package is purchased for such software feature shall be deemed an Advanced Software. Advanced Software does not include Mobile Apps. “Advanced Software Package” means an optional, additional-charge license right, specified in the Quote, pursuant to which Skydio shall unlock Advanced Software to permit Customer to use Advanced Software (and in some cases the Skydio Hardware that it controls). “Authorized Devices” are (a) mobile devices that Customer owns or is authorized to use, and (b) controllers purchased by Customer hereunder, which in each case (a) and (b) are used by Customer to operate the Skydio Hardware purchased by Customer hereunder. “Base Software” means capabilities, functions or other features of the Onboard Software that are both: (a) standard capabilities, functions or other features available and activated on Skydio’s base consumer version of Skydio Hardware, and (b) available for use without purchase of Advanced Software Package. Base Software may be specified and identified as standard features in the Quote. Any capability, function, or feature that is not a Base Software shall be deemed an Advanced Software.
“Customer” means the customer procuring Skydio Products or services. “Error” means a critical error in the Advanced Software that causes the Advanced Software to be inoperable.
“Skydio License Term” means with respect to an Advanced Software Package, the term of that Advanced Software Package, including (if applicable) the initial specified term and any renewal terms.
“Mobile Apps” means software applications (in executable form only), as may be specified on the Quote, that are specifically intended for use on a mobile device (and any Updates thereto). “Onboard Software” means software, in executable format only, embedded into or otherwise preinstalled on Skydio Hardware as supplied by Skydio, and any Updates thereto, whether or not embedded on read only memory. Onboard Software includes Base Software and Advanced Software.
“Skydio Privacy Policy” means Skydio’s privacy policy located at https://www.skydio.com/privacypolicy and as it may be amended from time to time by Skydio in its sole discretion. “Product” means Skydio Hardware and Software, as provided by Skydio pursuant to this Agreement and any applicable Quote.
“Skydio Hardware” means drones and other unmanned aircraft, controllers, docks, accessories and related hardware that Customer purchases from Skydio or its distributors or resellers. “Skydio Software” means Onboard Software and Mobile Apps. “Support Term” means, for Base Software, the support term specified in the Quote, and, for each Advanced Software Package, the applicable Skydio License Term for such Advanced Software
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Package purchased hereunder.
“Updates” means any upgrades, updates, maintenance releases, bug fixes or modified versions of Skydio Software that Skydio may release from time to time. 2 License. Subject to and in accordance with the terms and conditions of this Agreement and further conditioned upon Customer’s payment of all Fees, Skydio grants to Customer:
2.1 a limited, perpetual, non-exclusive, non-transferable (except as provided in Section 5 below titled “Transferability”) right and license to use the Base Software solely on Skydio Hardware;
2.2 a limited, perpetual, non-exclusive, non-transferable right and license to download, install, execute and use Mobile Apps on Authorized Devices solely to operate Skydio Hardware in accordance with this Agreement;
2.3 if Customer purchases an Advanced Software Package for the use of an Advanced Software, as specified in the Quote, a limited, non-exclusive, non-transferable right and license, during the Skydio License Term of the Advanced Software Package, to use the Advanced Software on Skydio Hardware that Customer purchases from Skydio solely to operate the Skydio Hardware in accordance with this Agreement (“Advanced Software License”); and
2.4 a limited, non-exclusive, non-transferable right and license to install solely on Skydio Hardware any Updates to the Onboard Software, if and when provided by Skydio. 3 Additional License Terms. Additional License Terms. The license rights of Section 2 are limited to the United States, Canada and Japan.
3.1 Unless otherwise specified in the applicable Quote, the Advanced Software License is granted on a per-unit basis and it may only be exercised with respect to the specific units of Skydio Hardware identified on the applicable Quote or, if the Quote does not specify such units, then with respect to no more than the total number of Skydio Hardware units authorized on the Quote, or if such total number of units is not specified on the Quote, then only with respect to one (1) single Skydio Hardware unit (“Authorized Units”).
3.2 Rights under the Advanced Software License are not transferable between Authorized Units. When an Advanced Software License is exercised on a specific Authorized Unit (by unlocking, activating, accessing or using the Advanced Software on that Authorized Unit), such Advanced Software License, or any rights thereof, cannot be transferred to a different unit of Skydio Hardware, except: (i) if Skydio replaces an Authorized Unit pursuant to a warranty claim, Skydio shall transfer to the replacement Authorized Unit, the Advanced Software License of the inoperable unit that is being replaced, and (ii) if a particular Authorized Unit is rendered permanently inoperable, Skydio shall, upon Customer’s request, transfer the Advanced Software License rights to a replacement Authorized Unit, provided, however, that Skydio may condition such transfer on Customer returning to Skydio the remnants of the inoperable unit or other evidence of its inoperability. 4 Limitations and Restrictions. Except as otherwise expressly provided in this Agreement, the foregoing license grant excludes any right to, and Customer shall not (and shall not permit others to) do any of the following with respect to the Skydio Software: (i) license, sublicense, sell, resell, rent, lease, transfer, distribute, time share, operate as a service bureau, or otherwise make any of it available for access by third parties; (ii) disassemble, reverse engineer or decompile it; (iii) copy, create derivative works based on or otherwise modify it; (iv) remove or modify a copyright, trademark, logo or other proprietary rights notice or brand labeling in it; (v) use it to reproduce, distribute, display, transmit, or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner; (vi) use it to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or otherwise engage, in a malicious act or disrupt its security, integrity or operation; (vii) install, execute or otherwise reproduce Onboard Software on any device other than the Skydio Hardware on which Skydio originally installed the Onboard Software; (viii) install any
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Skydio Software on any type of device not approved by Skydio; (ix) disable or otherwise circumvent any technological measures in Skydio Software to limit its installation, use or access; (x) unlock, activate, access or use an Advanced Software on any device other than as permitted under an Advanced Software Package purchased by Customer; and (xi) publish or release any benchmarking or performance data applicable to the Skydio Software. 5 Transferability. Subject to the terms and conditions of this Agreement, Customer may transfer the Base Software, including any relevant Base Software license rights, only on a permanent basis and as part of the sale or transfer of the Skydio Hardware on which the Base Software is loaded, provided that Customer retains no copies of any version of the Skydio Software. With the exception of the Base Software, Customer may not transfer any other Skydio Software or other Skydio Software license rights granted herein to another person or entity without the express written permission of Skydio, unless allowed by applicable law stating that transfer may not be restricted. 6 Evaluation License. Skydio may make certain Skydio Software available in object code form to end users only for evaluation, training or other limited non-commercial purposes without charging a Fee (“Evaluation License”). Where Skydio has provided an Evaluation License, all of the terms of this Agreement shall apply except that (i) Customer’s license rights shall be limited to the evaluation of that Skydio Software, (ii) Customer shall not be required to pay a Fee for the evaluation of that Skydio Software and (iii) Skydio shall have the right to revoke the license to the Skydio Software at any time and for any reason.
7 Updates. The terms and conditions of this Agreement shall apply to all Updates or additional copies of the Skydio Software. Subject to the terms and conditions of this Agreement, including Customer’s timely payment of all Fees due and owed to Skydio, Skydio will provide or make available to Customer, during the Support Term, Updates for Base Software, Mobile Apps and any Advanced Software that was enabled under the purchased Advanced Software Package on the Authorized Units. Notwithstanding any other provision of this Agreement, Customer has no license or right to use any Updates to the Advanced Software unless Customer holds a valid license to the Advanced Software and has paid any required Fees for such Advanced Software. Updates are solely provided on a “when-and-if-available” basis and as made generally available by Skydio to its customers. Customer shall promptly install any Updates that Skydio designates as required for the continued safe operation of Skydio Hardware or operation of any Advanced Software. 8 Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Skydio Software in the same form and manner that such copyright and other proprietary notices are included on the Skydio Software. 9 Intellectual Property. Customer agrees that all worldwide patent, copyright and other intellectual property rights in the Product, and all copies of the Software however made (including copies preinstalled on the Skydio Hardware purchased by Customer) are the exclusive property of Skydio and its suppliers. All Skydio Software is licensed to Customer, not sold. All rights not expressly granted to Customer in this Agreement are reserved by Skydio and its suppliers. There are no implied licenses under this Agreement.
10 Fees. Skydio reserves the right to suspend and/or terminate access to the Skydio Software if any undisputed fees for Skydio Hardware or Software are past due. Such suspension or termination shall not relieve Customer from its obligation to pay all undisputed amounts. 11 Third Party Software and Open Source Software. The Skydio Software may include third party software, and open source software (“OSS”), and such software is provided under separate license terms.
11.1 To the extent the licenses for any OSS requires Skydio to make available to Customer the corresponding source code included in the Skydio Software, Customer may obtain a copy of the applicable OSS source code by sending a written request to [email protected]. The
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OSS license terms shall take precedence over this Agreement to the extent that this Agreement imposes greater restrictions on Customer than the applicable OSS license terms. Customer acknowledges receipt of notices for the Open Source Components for the initial delivery of the Skydio Software.
11.2 The use of third party software or applications, or the integration of such software or applications with the Skydio Software, (collectively, “Third Party Applications”), may result in Customer data or information being transferred to a third party. Skydio is not responsible for, and Customer agrees to hold Skydio harmless, for any data or information transferred to third parties in connection with your use of Third Party Applications. 12 Commercial Item. The Skydio Software and associated documentation are “commercial items” as defined at FAR 2.101 and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
13 Term and Termination. This Agreement is effective upon Skydio Software purchase, activation or download, as applicable, and shall continue until terminated.
13.1 Paid License Term. Each Advanced Software Package purchased hereunder shall have its own Skydio License Term. Each Skydio License Term shall have an initial term for the time period set forth on the Quote and that the Skydio License Term shall automatically extend for successive additional one (1) year renewal terms thereafter if any (subject to payment of the then-current applicable license fees for each such renewal term) unless either party give notice to the other of its intention not to renew the Skydio License Term at least thirty (30) days before expiration of the then-current initial or renewal term, as the case may be (“Renewal Terms”). If a Skydio License Term is not set forth in the Quote, each Skydio License Term shall have an initial term that commences upon the date of provisioning of the Skydio Software and expires one (1) year later; provided, however, that the Skydio License Term shall automatically extend per the Renewal Terms. Unless Skydio terminates this Agreement for breach by Customer, the perpetual licenses to use Base Software shall survive.
13.2 Free or Trial License Term. If you have obtained a license to a free version of the Skydio Software, then your license will continue until terminated in accordance with this Agreement. If you have obtained a trial license to the Skydio Software, then your license will continue for such time period as may be specified by Skydio with respect to such trial (and if no period is specified, for 30 days). Skydio may terminate a trial license at any time in its sole discretion.
13.3 Termination. Skydio may terminate Customer’s license rights under this Agreement immediately without notice if Customer fails to comply with any terms of this Agreement or Customer fails to make any payment as required hereunder. In no event will termination relieve Customer of its obligation to pay any fees payable for Skydio Hardware or Software.
Upon termination or expiration of this Agreement for any reason, Customer shall immediately cease using any Skydio Software and must destroy or return to Skydio all copies of the Skydio Software and associated documentation in its possession or control.
The following sections shall survive the termination or expiration of this Agreement:
Sections 1, 2(a), 2(b), 2(d), 4, 5 and 7-26.
14 End of Life. Skydio may discontinue the provision of any Skydio Software, support or Updates in its sole discretion in accordance with, and any licenses granted herein are subject to, Skydio
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Product End of Life Policy, which is available at https://support.skydio.com/hc/enus/articles/360057153714, and is hereby incorporated by reference herein. 15 Limited Warranty. The only warranty that Skydio provides with respect to any Skydio products or services is the written limited warranty statement provided with the products or services or as otherwise set forth at https://skydio.com/warranty-terms ( “Limited Warranty”). 16 Limitations. Any use of the Skydio Hardware and Software, including any reliance upon or use of any of the information generated thereby, shall be at Customer’s and its authorized users’ sole risk.
Except as expressly set forth in the Limited Warranty and to the extent permitted by law, the Products are provided “as is” and “as available” without warranty of any kind (all of which are hereby disclaimed), whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty set forth in the Limited Warranty and by the provisions in this Agreement. Skydio’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Skydio Products or any service will not exceed the amounts paid by Customer in the 12 months prior to the action giving rise to the liability. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 17 Safety and Compliance. Customer and Customer’s authorized users agree to use the Skydio Hardware only in a manner that complies with all laws. Customer shall ensure that it and its authorized users operate product in accordance with the information and warnings set forth at https://www.skydio.com/safety (the “Safety and Operating Guide”). Customer acknowledges that improper operation of the unmanned aircraft systems may cause injury to persons or property.
Customer shall at all times comply with all applicable local, state, national, and international laws and regulations related to the operation of unmanned aircraft systems in any territory of operation, including any applicable laws and orders with regard to privacy, pilot licensure, operating within visual line of sight (unless the Customer has received proper approval from a civil aviation authority waiving such limitation), detecting and avoiding other aircraft, and airspace restrictions (such as temporary flight restrictions issued by Federal Aviation Administration or other appropriate government agencies). Customer shall obtain and maintain all necessary licenses, consent, and authorizations of any kind necessary to operate unmanned aircraft systems. 18 Feedback. If Customer or Customer’s authorized users send Skydio comments, suggestions, ideas, materials, notes, drawings, concepts or other information (collectively, “Submissions”), Customer and Customer’s authorized users (as applicable) grant to Skydio a worldwide, nonexclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use, copy, modify, publicly display, publicly perform, distribute and otherwise exploit the Submissions. None of the Submissions shall be subject to any obligation of confidentiality on Skydio’s part, and Skydio shall not be liable for any use or disclosure of any Submissions. 19 Privacy. Skydio shall, in providing the Products, comply with Skydio Privacy Policy to the extent that Customer provides Skydio with personally identifiable information. 20 Mapbox Terms. The Mobile App uses features and content provided by Mapbox, such as maps and locations on a map. Use of any such Mapbox features and content is subject to the then-current version of Mapbox’s terms and privacy policy, which can be found at https://www.mapbox.com/legal/tos/ , including the Mapbox Government Terms of Service, which can be found at https://www.mapbox.com/legal/usg-tos, and you hereby agree to comply with such terms. You can opt out of location telemetry reporting pursuant to such terms. 21 Services. In accordance with this Agreement, so long as Customer timely pays all amounts owed hereunder, Skydio shall render to Customer, during the applicable Skydio License Term of each
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Advanced Software Package purchased herunder, the support services consisting of: (a) providing Customer’s named Administrators (defined below) with consultation in English, via telephone and email, during Skydio’s normal business hours (9AM to 5PM PST) to assist in using the Advanced Software licensed under the Advanced Software Package; and (b) making reasonable efforts to correct any critical error in the Advanced Software that causes the Advanced Software to be inoperable (“Error”), all in accordance with Skydio’s support policies published on its Website, as updated from time to time. Errors do not include, and Skydio has no obligation to correct, malfunctions caused in whole or in part by modification of Software, the operation of third-party products or the integration of Software with or into third-party products, improper installation of the Advanced Software or other Software, or the use of Software other than in accordance with the applicable specifications provided by Skydio. Support is only available for the current and single prior major release of Advanced Software. No other services are included under this Agreement. 22 Administrators. Customer shall designate up to three (3) of its employees to administer the Services on its behalf and serve as points of contact in communicating with us, as set forth in the applicable Confirmation or as otherwise agreed by the parties in writing (“Administrators”). If a person named as an Administrator leaves Customer’s employ, Customer may designate another one of its employees to serve as Administrator to replace the departing employee. 23 Indemnification. Skydio will indemnify Customer’s officers, directors, and employees (“Customer Indemnitees”) against all claims, demands, losses, and reasonable expenses arising out of a thirdparty claim against an Customer Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Skydio under this Agreement, except to the extent of Customer’s negligence or willful misconduct, or claims under workers compensation. 24 IP Indemnification. Skydio will indemnify Customer Indemnitees against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Skydio Products or services infringes or misappropriates the third-party’s intellectual property rights. Customer must promptly provide Skydio with written notice of such claim, tender to Skydio the defense or settlement of such claim at Skydio’s expense and cooperate fully with Skydio in the defense or settlement of such claim. Skydio’s IP indemnification obligations do not apply to claims based on (a) modification of Skydio Products or services by Customer or a third-party not approved by Skydio; (b) use of Skydio Products and services in combination with hardware or services not approved by Skydio; (c) use of Skydio Products and services other than as permitted in this Agreement; or (d) use of Skydio Software that is not the most current release provided by Skydio. 25 Customer Responsibilities. Customer is responsible for (a) Customer’s use of Skydio Products; (b) breach of this Agreement or violation of applicable law by Customer or a Customer’s authorized end user; and (c) a dispute between Customer and a third-party over Customer’s use of Skydio Products.
26 Export Sales and Export Controls. Customer acknowledges that the Skydio Products, services and technology are subject to export controls under the laws and regulations of the United States (U.S.). Customer shall comply with such laws and regulations governing use, export, re-export, and transfer of Skydio Products, services and technology and shall obtain all required U.S. and local authorizations, permits, or licenses. Skydio and Customer each agree to provide the other such information and assistance as may reasonably be required by the other in connection with securing such authorizations and licenses, and to take timely action to obtain all required supporting documentation.
* * * *
Copyright © 2021 Skydio, Inc.
Skydio, Inc.
114 Hazel Ave.,
Redwood City, CA 94061
[email protected]
SKYDIO is a trademark and service mark of Skydio, Inc. Visit Skydio’s Web Site at www.skydio.com
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Axon Commander™ Software Appendix
5 License. Axon owns all executable instructions, images, icons, sound, and text in Commander. All rights are reserved to Axon. Axon grants a non-exclusive, royalty-free, worldwide right and license to use Commander. “Use” means storing, loading, installing, or executing Commander exclusively for data communication with an Axon Device. Agency may use Commander in a networked environment on computers other than the computer it installs Commander on, so long as each execution of Commander is for data communication with an Axon Device. Agency may make copies of Commander for archival purposes only. Agency shall retain all copyright, trademark, and proprietary notices in Commander on all copies or adaptations. 6 Term. The Quote will detail the duration of the Commander license, as well as any maintenance.
The term will begin upon installation of Commander by Axon. 7 License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. Agency may not use Commander for any purpose other than as expressly permitted by this Agreement. Agency may not:
7.1 modify, tamper with, repair, or otherwise create derivative works of Commander;
7.2 reverse engineer, disassemble, or decompile Commander or apply any process to derive the source code of Commander, or allow others to do the same;
7.3 access or use Commander to avoid incurring fees or exceeding usage limits or quotas;
7.4 copy Commander in whole or part, except as expressly permitted in this Agreement;
7.5 use trade secret information contained in Commander;
7.6 resell, rent, loan or sublicense Commander;
7.7 access Commander to build a competitive device or service or copy any features, functions, or graphics of Commander; or
7.8 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Commander or any copies of Commander.
8 Support. Axon may make available updates and error corrections (“Updates”) to Commander.
Axon will provide Updates electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate access to the Internet to receive Updates.
Agency is responsible for maintaining the computer equipment necessary to use Commander.
Axon may provide technical support of a prior release/version of Commander for 6 months from when Axon made the subsequent release/version available. 9 Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement. Upon termination, Axon may disable Agency’s right to login to Axon Commander.
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Axon Application Programming Interface Appendix
1 Definitions.
“API Client” means the software that acts as the interface between Agency’s computer and the server, which is already developed or to be developed by Agency. “API Interface” means software implemented by Agency to configure Agency’s independent API Client Software to operate in conjunction with the API Service for Agency’s authorized Use. “Axon Evidence Partner API, API or AXON API” (collectively “API Service”) means Axon’s API which provides a programmatic means to access data in Agency’s Axon Evidence account or integrate Agency’s Axon Evidence account with other systems. “Use” means any operation on Agency’s data enabled by the supported API functionality. 2 Purpose and License.
2.1 Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency’s use of API Service. Agency will not use API Service for commercial use.
2.2 Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency’s Use in connection with Agency’s API Client.
2.3 Axon reserves the right to set limitations on Agency’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits. 3 Configuration. Agency will work independently to configure Agency’s API Client with API Service for Agency’s applicable Use. Agency will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Agency will inform Axon promptly of any updates. Upon Agency’s registration, Axon will provide documentation outlining API Service information. 4 Agency Responsibilities. When using API Service, Agency and its end users may not:
4.1 use API Service in any way other than as expressly permitted under this Agreement;
4.2 use in any way that results in, or could result in, any security breach to Axon;
4.3 perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services;
4.4 interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service;
4.5 reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software;
4.6 create an API Interface that functions substantially the same as API Service and offer it for use by third parties;
4.7 provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service;
4.8 frame or mirror API Service on any other server, or wireless or Internet-based device;
4.9 make available to a third-party, any token, key, password or other login credentials to API Service;
4.10 take any action or inaction resulting in illegal, unauthorized or improper purposes; or disclose Axon’s API manual.
5 API Content. All content related to API Service, other than Agency Content or Agency’s API Client
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content, is considered Axon’s API Content, including:
5.1 the design, structure and naming of API Service fields in all responses and requests;
5.2 the resources available within API Service for which Agency takes actions on, such as evidence, cases, users, or reports; and
5.3 the structure of and relationship of API Service resources; and
5.4 the design of API Service, in any part or as a whole.
6 Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to:
6.1 scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
6.2 copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party;
6.3 misrepresent the source or ownership; or
6.4 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices).
7 API Updates. Axon may update or modify the API Service from time to time (“API Update”).
Agency is required to implement and use the most current version of API Service and to make any applicable changes to Agency’s API Client required as a result of such API Update. API Updates may adversely affect how Agency’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for 1 year following the release of an API Update for all depreciated API Service versions.
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Advanced User Management Appendix
1 Scope. Advanced User Management allows Agency to (a) utilize bulk user creation and management, (b) automate user creation and management through System for Cross-domain Identity Management (“SCIM”), and (c) automate group creation and management through SCIM. 2 Advanced User Management Configuration. Agency will work independently to configure Agency’s Advanced User Management for Agency’s applicable Use. Upon request, Axon will provide general guidance to Agency, including documentation that details the setup and configuration process.
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Axon Channel Services Appendix
1 Definitions.
“Axon Digital Evidence Management System” means Axon Evidence or Axon Commander, as specified in the attached Channel Services Statement of Work.
“Active Channel” means a third-party system that is continuously communicating with an Axon Digital Evidence Management System.
“Inactive Channel” means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System.
2 Scope. Agency currently has a third-party system or data repository from which Agency desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Agency’s third-party data into an Axon Digital Evidence Management System or the transfer of Agency data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work (“Channel Services SOW”). Channel Services will not delete any Agency Content. Agency is responsible for verifying all necessary data is migrated correctly and retained per Agency policy.
3 Purpose and Use. Agency is responsible for verifying Agency has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Agency is responsible for any changes to a thirdparty system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Agency’s network and systems to perform the Services described in the Channel Services SOW. Agency is responsible for facilitating this access per all laws and policies applicable to Agency. 4 Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget.
5 Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner.
6 Monitoring. Axon may monitor Agency’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of channel services.
7 Agency’s Responsibilities. Axon’s successful performance of the Channel Services requires Agency:
7.1 Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access);
7.2 Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Channel Services);
7.3 Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services;
7.4 Ensure all appropriate data backups are performed;
7.5 Provide Axon with remote access to the Agency’s network and third-party systems when required for Axon to perform the Channel Services;
7.6 Notify Axon of any network or machine maintenance that may impact the performance of
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the Channel Services; and
7.7 Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services).
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VIEVU Data Migration Appendix
1 Scope. Agency currently has legacy data in the VIEVU Solution from which Agency desires to move to Axon Evidence. Axon will work with Agency to copy legacy data from the VIEVU solution into Axon Evidence (“Migration”). Before Migration, Agency and Axon will work together to develop a Statement of Work (“Migration SOW”) to detail all deliverables and responsibilities. The Migration will require the availability of Agency resources. Such resources will be identified in the SOW. Onsite support during Migration is not required. Upon Agency’s request, Axon will provide on-site support for an additional fee. Any request for on-site support will need to be pre-scheduled and is subject to Axon’s resource availability.
A small amount of unexposed data related to system information will not be migrated from the VIEVU solution to Axon Evidence. Upon request, some of this data can be manually exported before Migration and provided to Agency. The Migration SOW will provide further detail. 2 Changes. Axon is only responsible to perform the Services described in this Appendix and Migration SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
3 Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget.
4 Downtime. There may be downtime during the Migration. The duration of the downtime will depend on the amount of data that Agency is migrating. Axon will work with Agency to minimize any downtime. Any VIEVU mobile application will need to be disabled upon Migration. 5 Functionality Changes. Due to device differences between the VIEVU solution and the Axon’s Axon Evidence solution, there may be functionality gaps that will not allow for all migrated data to be displayed the same way in the user interface after Migration 6 Acceptance. Once the Migration is complete, Axon will notify Agency and an acceptance form.
Agency is responsible for verifying that the scope of the project has been completed and all necessary data is migrated correctly and retained per Agency policy. Agency will have 90 days to provide Axon acceptance that the Migration was successful, or Axon will deem the Migration accepted.
In the event Agency does not accept the Migration, Agency agrees to notify the Axon within a reasonable time. Agency also agrees to allow Axon a reasonable time to resolve any issue. In the event Agency does not provide the Axon written rejection of the Migration during these 90 days, Agency may be charged for additional monthly storage costs. After Agency provides acceptance of the Migration, the Axon will delete all data from the VIEVU solution 90 days after the Migration. 7 Post-Migration. After Migration, the VIEVU solution may not be supported and updates may not be provided. Axon may end of life the VIEVU solution in the future. If Agency elects to maintain data within the VIEVU solution, Axon will provide Agency 90 days’ notice before ending support for the VIEVU solution.
8 Warranty. Axon warrants that it will perform the Migration in a good and workmanlike manner. 9 Monitoring. Axon may monitor Agency’s use of Migration to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of Migration.
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Axon Support Engineer Appendix
1 Axon Support Engineer Payment. Axon will invoice for Axon Support Engineer (“ASE”) services, as outlined in the Quote, when the Axon Support Engineer commences work on-site at Agency. 2 Full-Time ASE Scope of Services.
2.1 A Full-Time ASE will work on-site four (4) days per week.
2.2 Agency’s Axon sales representative and Axon’s Agency Success team will work with Agency to define its support needs and ensure the Full-Time ASE has skills to align with those needs. There may be up to a 6-month waiting period before the Full-Time ASE can work on-site, depending upon Agency’s needs and availability of a Full-Time ASE.
2.3 The purchase of Full-Time ASE Services includes 2 complimentary Axon Accelerate tickets per year of the Agreement, so long as the ASE has started work at Agency, and Agency is current on all payments for the Full-Time ASE Service.
The Full-Time ASE Service options are listed below:
Ongoing System Set-up and Configuration
• Assisting with assigning cameras and registering docks • Maintaining Agency’s Axon Evidence account
• Connecting Agency to “Early Access” programs for new devices Account Maintenance
• Conducting on-site training on new features and devices for Agency leadership team(s) • Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program
• Conducting weekly meetings to cover current issues and program status Data Analysis
• Providing on-demand Axon usage data to identify trends and insights for improving daily workflows
• Comparing Agency's Axon usage and trends to peers to establish best practices • Proactively monitoring the health of Axon equipment and coordinating returns when needed Direct Support
• Providing on-site, tier 1 and tier 2 technical support for Axon devices • Proactively monitoring the health of Axon equipment
• Creating and monitoring RMAs on-site
• Providing Axon app support
• Monitoring and testing new firmware and workflows before they are released to Agency’s production environment
Agency Advocacy
• Coordinating bi-annual voice of customer meetings with Axon’s Device Management team • Recording and tracking Agency feature requests and major bugs 3 Regional ASE Scope of Services
3.1 A Regional ASE will work on-site for 3 consecutive days per quarter. Agency must schedule the on-site days at least 2 weeks in advance. The Regional ASE will also be available by phone and email during regular business hours up to 8 hours per week.
3.2 There may be up to a 6-month waiting period before Axon assigns a Regional ASE to Agency, depending upon the availability of a Regional ASE.
3.3 The purchase of Regional ASE Services includes 2 complimentary Axon Accelerate tickets per year of the Agreement, so long as the ASE has started work at Agency and Agency is current on all payments for the Regional ASE Service.
The Regional ASE service options are listed below:
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Account Maintenance
• Conducting remote training on new features and devices for Agency’s leadership • Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program
• Conducting weekly conference calls to cover current issues and program status • Visiting Agency quarterly (up to 3 consecutive days) to perform a quarterly business review, discuss Agency's goals for your Axon program, and continue to ensure a successful deployment of Axon devices
Direct Support
• Providing remote, tier 1 and tier 2 technical support for Axon devices • Creating and monitoring RMAs remotely
Data Analysis
• Providing quarterly Axon usage data to identify trends and program efficiency opportunities • Comparing an Agency's Axon usage and trends to peers to establish best practices • Proactively monitoring the health of Axon equipment and coordinating returns when needed Agency Advocacy
• Coordinating bi-yearly Voice of Agency meetings with Device Management team • Recording and tracking Agency feature requests and major bugs 4 Out of Scope Services. The ASE is responsible to perform only the Services described in this Appendix. Any additional Services discussed or implied that are not defined explicitly in this Appendix will be considered out of the scope.
5 ASE Leave Time. The ASE will be allowed up 7 days of sick leave and up to 15 days of vacation time per each calendar year. The ASE will work with Agency to coordinate any time off and will provide Agency with at least 2 weeks’ notice before utilizing any vacation days.
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Agenda Item
City Council
Item #: 7.4. 6/14/2022 File #: 22-0350
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director
1. SUBJECT
Proposed Fiscal Year 2022-2023 City of Orange Budget and Five-Year Capital Improvement Program.
2. SUMMARY
Each spring, the City staff presents the City Council with an Annual budget that serves as the City’s financial and operational plan for the upcoming fiscal year. This budget document is prepared following two City Council study sessions during which various aspects of the proposed budget were considered and Council direction was given.
Staff is also proposing adjustments to the Master Schedule of Fees and Charges.
3. RECOMMENDED ACTION
Staff recommends the following actions to approve and adopt the Fiscal Year 2022-2023 Budget and updated Master Fee Schedule, effective July 1, 2022:
1. Adopt Resolution No. 11405. A Resolution of the City Council of the City of Orange adopting said City’s Budget for the Fiscal Year 2022-23 and procedures relating to transfers of funds between and within appropriations, transfers between funds, and additional appropriations.
2. Adopt Resolution No. 11407. A Resolution of the City Council of the City of Orange adopting the appropriations limit for the Fiscal Year 2022-23.
3. A motion making a finding that the portion of the Fiscal year 2022-23 Budget subject to the Gann Appropriations limit is $112,864,871, and therefore within the limit.
4. Adopt Resolution No. 11400. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11336 and amending the Master Schedule of Fees and Charges to adjust the rates for various services and the rental of rooms and equipment.
5. Adopt Resolution No. 11404. A Resolution of the City Council of the City of Orange approving and authorizing staff to submit to the Orange County Transportation Authority the Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29 to comply with Measure M2 eligibility criteria.
6. Adopt Resolution No. 11396. A Resolution of the City Council of the City of Orange amending City of Orange Page 1 of 5 Printed on 6/9/2022
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Resolution No. 11376 between the City of Orange and the Orange Management Association.
7. Adopt Resolution No. 11397. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11377 and amending the citywide pay schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.
8. Adopt Resolution No. 11401. A Resolution of the City Council of the City of Orange amending Resolution No. 11359 to add a new classification to the classification, compensation, and terms of employment for part-time and seasonal employees of the City of Orange.
4. FISCAL IMPACT
Adoption of the annual budget establishes the City financial plan for the 2022-2023 Fiscal Year.
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
b: Analyze future fiscal needs and potential revenue opportunities. c: Provide appropriate reserves.
6. DISCUSSION AND BACKGROUND
The adoption of the FY 2022-2023 (FY 23) Budget and related documents will ensure the City has established a set of legally adopted appropriations, met all the requirements of the Gann Initiative, and complied with the Measure M and Transportation Congestion Relief Fund (TCRF) funding requirements (Maintenance of Effort) of a Seven-Year Transportation Capital Improvement Plan. The FY 23 budget represents the City’s spending plan for the coming fiscal year, which will begin July 1, 2022 and end June 30, 2023.
In preparing the FY 23 budget, the City Council conducted two study sessions to discuss various aspects of the proposed budget. Council deliberated extensively regarding methods to balance the FY 23 budget, while also recognizing the need to continue to restore the City’s General Fund balances and reserves and establish a solid financial position. Through the leadership of the City Council, the resulting budget document has been developed in a collaborative manner involving all City departments. The proposed FY 23 General Fund Budget is balanced with revenues exceeding expenditures by about $9,000. The attached Budget Message provides in detail how we are able to present a balanced budget for FY 23. The budget presented at this Public Hearing is an abbreviated version of the complete budget package, but contains all of the information and attachments required for adoption. As such, the essential elements that are included and required for adoption of the FY 23 Budget are:
· Budget Message
· Budget Resolutions
· Selected Budget Worksheets
o Fund Balances
o Transfers
o Revenues and Expenditures
o Recommended Staffing Changes
o Schedule of Positions
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o Carryovers
o Successor Agency (Redevelopment Agency) Debt Issues
o Capital Improvement Projects for FY23
· Department Goals and Objectives for FY 23
· Five-Year Capital Improvement Plan
The adoption of the FY 2022-2023 (FY 23) Budget and related documents will ensure the City has established a set of legally adopted appropriations, met all the requirements of the Gann Initiative, and complied with the Measure M and Transportation Congestion Relief Fund (TCRF) funding requirements (Maintenance of Effort) of a Seven-Year Transportation Capital Improvement Plan. The FY 23 budget represents the City’s spending plan for the coming fiscal year, which will begin July 1, 2022 and end June 30, 2023.
In preparing the FY 23 budget, the City Council conducted two study sessions to discuss various aspects of the proposed budget. Council deliberated extensively regarding methods to balance the FY 23 budget, while also recognizing the need to continue to restore the City’s General Fund balances and reserves and establish a solid financial position. Through the leadership of the City Council, the resulting budget document has been developed in a collaborative manner involving all City departments. The proposed FY 23 General Fund Budget is balanced with revenues exceeding expenditures by about $9,000. The attached Budget Message provides in detail how we are able to present a balanced budget for FY 23. The budget presented at this Public Hearing is an abbreviated version of the complete budget package, but contains all of the information and attachments required for adoption. As such, the essential elements that are included and required for adoption of the FY 23 Budget are:
· Budget Message
· Budget Resolutions
· Selected Budget Worksheets
o Fund Balances
o Transfers
o Revenues and Expenditures
o Recommended Staffing Changes
o Schedule of Positions
o Carryovers
o Successor Agency (Redevelopment Agency) Debt Issues
o Capital Improvement Projects for FY 23
· Department Goals and Objectives for FY 23
· Five-Year Capital Improvement Plan
Fee Study
After a review of specific fees and an update to the fee model with revised time estimates and costs for delivering services, staff is proposing changes to certain fees in the City’s Master Fee schedule.
With the recommended fees, we expect to recover approximately 63% of costs associated with the services provided. The total revenue impact of the proposed fees represents an increase in General Fund revenue of approximately $224,248. Resolution No. 11400 includes an updated Master City of Orange Page 3 of 5 Printed on 6/9/2022
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Fund revenue of approximately $224,248. Resolution No. 11400 includes an updated Master Schedule of Fees that reflects all the recommended fee changes. An overview of each fee change is also attached.
Emergency Medical Services and Ground Ambulance Transportation Rates On August 8, 2017, the Orange County Board of Supervisors (BOS) passed Resolution No. 17-094 which adopted methodology for future rate changes and authorized the Orange County Health Care Agency (HCA) to make an annual adjustment effective July 1 of each year. The BOS has determined new maximum rates relative to emergency ground ambulance transportation by private ambulance service providers.
The new rates, effective July 1, 2022, include a 7.1% increase in the Emergency Transportation Base Rate to reflect the economic effects of the minimum wage increase. The change also applies a 3.8% increase to Mileage, Oxygen, and Expendable Medical Supplies based on the Los-Angeles-Long Beach-Anaheim “all-item” Consumer Price Index.
As with other EMS providers within the county, the Orange Fire Department’s operating costs continue to rise, and we repeatedly experience a shortfall in reimbursements for emergency ground transportation. The Fire Department recommends updating our transport fees to remain consistent with those of other ambulance transportation providers throughout Orange County, as well as to help offset rising operational costs.
Fee Former Rate Schedule Effective July 1, 2022
Emergency Transportation $1,106.10 $1,381.75
Mileage, Per Mile $18.19 $19.77
Oxygen $89.17 $96.95
Basic Medical Supplies $35.20 $38.27
Based upon the revenue from emergency transports performed in FY 2021, the proposed ground ambulance transportation rate changes should result in an increase of approximately $213,500 in additional revenue to the Emergency Transport Program (125), when adjusting for our payor mix.
Following adoption of the FY 23 Budget, staff will complete the preparation of the Budget and Capital Improvement Plan documents and present them to the City Council upon publication.
7. ATTACHMENTS
· Budget Message
· Selected Worksheets for the Proposed FY 23 Budget
o Historical Summary of Revenues and Expenditures by Fund Type o Schedule of Changes in Fund Balance
o Schedule of Transfers
o Historical Schedule of Revenue Sources by Fund Type and Fund City of Orange Page 4 of 5 Printed on 6/9/2022
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o Schedule of Revenue Sources - Detail
o Summary of All Fund Expenditures by Department
o Historical Schedule of Expenditures by Fund Type and Category o Summary of General Fund Expenditures by Department
o Schedule of Positions
o Schedule of Recommended Staffing Changes
o Schedule of Operating Carryover Appropriations
o Schedule of New Capital Improvement Funding by Fund
o Department Goals and Objectives FY 23
o Five-Year Capital Improvement Plan
· Proposed Fee Changes
o Transportation Advisory Committee - OCEMS Fee Increase · Resolution No. 11405
· Resolution No. 11407
· Resolution No. 11400
· Resolution No. 11404
· Resolution No. 11396
· Resolution No. 11397
· Resolution No. 11401
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Agenda Item
City Council
Item #: 7.4. 6/14/2022 File #: 22-0350
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director
1. SUBJECT
Proposed Fiscal Year 2022-2023 City of Orange Budget and Five-Year Capital Improvement Program.
2. SUMMARY
Each spring, the City staff presents the City Council with an Annual budget that serves as the City’s financial and operational plan for the upcoming fiscal year. This budget document is prepared following two City Council study sessions during which various aspects of the proposed budget were considered and Council direction was given.
Staff is also proposing adjustments to the Master Schedule of Fees and Charges.
3. RECOMMENDED ACTION
Staff recommends the following actions to approve and adopt the Fiscal Year 2022-2023 Budget and updated Master Fee Schedule, effective July 1, 2022:
1. Adopt Resolution No. 11405. A Resolution of the City Council of the City of Orange adopting said City’s Budget for the Fiscal Year 2022-23 and procedures relating to transfers of funds between and within appropriations, transfers between funds, and additional appropriations.
2. Adopt Resolution No. 11407. A Resolution of the City Council of the City of Orange adopting the appropriations limit for the Fiscal Year 2022-23.
3. A motion making a finding that the portion of the Fiscal year 2022-23 Budget subject to the Gann Appropriations limit is $112,864,871, and therefore within the limit.
4. Adopt Resolution No. 11400. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11336 and amending the Master Schedule of Fees and Charges to adjust the rates for various services and the rental of rooms and equipment.
5. Adopt Resolution No. 11404. A Resolution of the City Council of the City of Orange approving and authorizing staff to submit to the Orange County Transportation Authority the Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29 to comply with Measure M2 eligibility criteria.
6. Adopt Resolution No. 11396. A Resolution of the City Council of the City of Orange amending City of Orange Page 1 of 5 Printed on 6/9/2022
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Item #: 7.4. 6/14/2022 File #: 22-0350
Resolution No. 11376 between the City of Orange and the Orange Management Association.
7. Adopt Resolution No. 11397. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11377 and amending the citywide pay schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.
8. Adopt Resolution No. 11401. A Resolution of the City Council of the City of Orange amending Resolution No. 11359 to add a new classification to the classification, compensation, and terms of employment for part-time and seasonal employees of the City of Orange.
4. FISCAL IMPACT
Adoption of the annual budget establishes the City financial plan for the 2022-2023 Fiscal Year.
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
b: Analyze future fiscal needs and potential revenue opportunities. c: Provide appropriate reserves.
6. DISCUSSION AND BACKGROUND
The adoption of the FY 2022-2023 (FY 23) Budget and related documents will ensure the City has established a set of legally adopted appropriations, met all the requirements of the Gann Initiative, and complied with the Measure M and Transportation Congestion Relief Fund (TCRF) funding requirements (Maintenance of Effort) of a Seven-Year Transportation Capital Improvement Plan. The FY 23 budget represents the City’s spending plan for the coming fiscal year, which will begin July 1, 2022 and end June 30, 2023.
In preparing the FY 23 budget, the City Council conducted two study sessions to discuss various aspects of the proposed budget. Council deliberated extensively regarding methods to balance the FY 23 budget, while also recognizing the need to continue to restore the City’s General Fund balances and reserves and establish a solid financial position. Through the leadership of the City Council, the resulting budget document has been developed in a collaborative manner involving all City departments. The proposed FY 23 General Fund Budget is balanced with revenues exceeding expenditures by about $9,000. The attached Budget Message provides in detail how we are able to present a balanced budget for FY 23. The budget presented at this Public Hearing is an abbreviated version of the complete budget package, but contains all of the information and attachments required for adoption. As such, the essential elements that are included and required for adoption of the FY 23 Budget are:
· Budget Message
· Budget Resolutions
· Selected Budget Worksheets
o Fund Balances
o Transfers
o Revenues and Expenditures
o Recommended Staffing Changes
o Schedule of Positions
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Item #: 7.4. 6/14/2022 File #: 22-0350
o Carryovers
o Successor Agency (Redevelopment Agency) Debt Issues
o Capital Improvement Projects for FY23
· Department Goals and Objectives for FY 23
· Five-Year Capital Improvement Plan
The adoption of the FY 2022-2023 (FY 23) Budget and related documents will ensure the City has established a set of legally adopted appropriations, met all the requirements of the Gann Initiative, and complied with the Measure M and Transportation Congestion Relief Fund (TCRF) funding requirements (Maintenance of Effort) of a Seven-Year Transportation Capital Improvement Plan. The FY 23 budget represents the City’s spending plan for the coming fiscal year, which will begin July 1, 2022 and end June 30, 2023.
In preparing the FY 23 budget, the City Council conducted two study sessions to discuss various aspects of the proposed budget. Council deliberated extensively regarding methods to balance the FY 23 budget, while also recognizing the need to continue to restore the City’s General Fund balances and reserves and establish a solid financial position. Through the leadership of the City Council, the resulting budget document has been developed in a collaborative manner involving all City departments. The proposed FY 23 General Fund Budget is balanced with revenues exceeding expenditures by about $9,000. The attached Budget Message provides in detail how we are able to present a balanced budget for FY 23. The budget presented at this Public Hearing is an abbreviated version of the complete budget package, but contains all of the information and attachments required for adoption. As such, the essential elements that are included and required for adoption of the FY 23 Budget are:
· Budget Message
· Budget Resolutions
· Selected Budget Worksheets
o Fund Balances
o Transfers
o Revenues and Expenditures
o Recommended Staffing Changes
o Schedule of Positions
o Carryovers
o Successor Agency (Redevelopment Agency) Debt Issues
o Capital Improvement Projects for FY 23
· Department Goals and Objectives for FY 23
· Five-Year Capital Improvement Plan
Fee Study
After a review of specific fees and an update to the fee model with revised time estimates and costs for delivering services, staff is proposing changes to certain fees in the City’s Master Fee schedule.
With the recommended fees, we expect to recover approximately 63% of costs associated with the services provided. The total revenue impact of the proposed fees represents an increase in General Fund revenue of approximately $224,248. Resolution No. 11400 includes an updated Master City of Orange Page 3 of 5 Printed on 6/9/2022
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Fund revenue of approximately $224,248. Resolution No. 11400 includes an updated Master Schedule of Fees that reflects all the recommended fee changes. An overview of each fee change is also attached.
Emergency Medical Services and Ground Ambulance Transportation Rates On August 8, 2017, the Orange County Board of Supervisors (BOS) passed Resolution No. 17-094 which adopted methodology for future rate changes and authorized the Orange County Health Care Agency (HCA) to make an annual adjustment effective July 1 of each year. The BOS has determined new maximum rates relative to emergency ground ambulance transportation by private ambulance service providers.
The new rates, effective July 1, 2022, include a 7.1% increase in the Emergency Transportation Base Rate to reflect the economic effects of the minimum wage increase. The change also applies a 3.8% increase to Mileage, Oxygen, and Expendable Medical Supplies based on the Los-Angeles-Long Beach-Anaheim “all-item” Consumer Price Index.
As with other EMS providers within the county, the Orange Fire Department’s operating costs continue to rise, and we repeatedly experience a shortfall in reimbursements for emergency ground transportation. The Fire Department recommends updating our transport fees to remain consistent with those of other ambulance transportation providers throughout Orange County, as well as to help offset rising operational costs.
Fee Former Rate Schedule Effective July 1, 2022
Emergency Transportation $1,106.10 $1,381.75
Mileage, Per Mile $18.19 $19.77
Oxygen $89.17 $96.95
Basic Medical Supplies $35.20 $38.27
Based upon the revenue from emergency transports performed in FY 2021, the proposed ground ambulance transportation rate changes should result in an increase of approximately $213,500 in additional revenue to the Emergency Transport Program (125), when adjusting for our payor mix.
Following adoption of the FY 23 Budget, staff will complete the preparation of the Budget and Capital Improvement Plan documents and present them to the City Council upon publication.
7. ATTACHMENTS
· Budget Message
· Selected Worksheets for the Proposed FY 23 Budget
o Historical Summary of Revenues and Expenditures by Fund Type o Schedule of Changes in Fund Balance
o Schedule of Transfers
o Historical Schedule of Revenue Sources by Fund Type and Fund City of Orange Page 4 of 5 Printed on 6/9/2022
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Item #: 7.4. 6/14/2022 File #: 22-0350
o Schedule of Revenue Sources - Detail
o Summary of All Fund Expenditures by Department
o Historical Schedule of Expenditures by Fund Type and Category o Summary of General Fund Expenditures by Department
o Schedule of Positions
o Schedule of Recommended Staffing Changes
o Schedule of Operating Carryover Appropriations
o Schedule of New Capital Improvement Funding by Fund
o Department Goals and Objectives FY 23
o Five-Year Capital Improvement Plan
· Proposed Fee Changes
o Transportation Advisory Committee - OCEMS Fee Increase · Resolution No. 11405
· Resolution No. 11407
· Resolution No. 11400
· Resolution No. 11404
· Resolution No. 11396
· Resolution No. 11397
· Resolution No. 11401
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June 14, 2022
Honorable Mayor and Members of the City Council:
I am pleased to submit for your consideration the Fiscal Year 2022-2023 (FY23) Budget.
This Budget incorporates the City’s firm commitment to fiscal responsibility, effective use of our resources, and high quality service delivery to our residents, businesses, and visitors. In addition, this budget has added a 10-year forecast planning analysis to help the city understand the longer-term impact of current decisions proposed.
Looking back at the past year, it is evident the residual effects of the pandemic have become less detrimental on our local economy. In the last year, we have seen increases across every industry, particularly in oil and gas as well as restaurant and hotel industries.
As Federal, State and County COVID guidelines relaxed and more patrons felt comfortable venturing out of their homes to travel and shop, we saw increased sales in the auto and general consumer goods industries.
As previously noted, with most industries recovering from the COVID-19 pandemic, revenues continue to trend upwards. It is expected that our FY 23 revenue will steadily increase from our adopted FY 22 estimates, with sales tax, transit occupancy tax, and fees for services and licenses and permits leading the growth. Inversely, the cost to deliver services to residents, businesses, and visitors continues to increase substantially.
At $130.7 million, the General Fund expenditure budget reflects the rising costs of doing business while also ensuring the multi-faceted needs of the community are met, with a particular focus on the City Council’s commitment to public safety.
While the economy has slowly been rebounding from the unprecedented circumstances related to the COVID-19 pandemic, the stability of the economy remains uncertain. High inflation rates affecting the cost of goods and services and the staffing shortages in the food service, hospitality, and retail industries are indicators that the City will continue to monitor to ensure we adapt our fiscal actions to match the economic reality that is ahead.
As in the past, the City Council has made it a priority to continue to implement prudent and conservative fiscal policies to weather fluctuations in the economy while still balancing the growing needs of the community.
Orange continues to have a bright future. We remain one of the safest cities in California; we have an outstanding business environment and are home to several major corporations, hospitals, regional shopping centers and a diverse group of small businesses; we have one of the nation’s largest historical districts – Old Towne Orange – with its thriving plaza area commercial district; we have excellent and well-maintained residential neighborhoods and parks; and, our residents have tremendous community 1001
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spirit with a great deal of pride in their hometown. In spite of the residual effects of the pandemic, Orange continues to take a proactive response to address all issues affecting our citizens and business community. The budget for FY 23 has been prepared to be responsive to the needs of the citizens and businesses of the City of Orange with a focus on public safety while being fiscally responsible in an effort to prepare for any potential economic downturns.
GENERAL FUND REVENUE
Total General Fund revenues for FY 23 are projected to be $130.7 million. • Property Tax is the largest source of General Fund revenue and is expected to be $50.6 million, a $2.2 million, or 4.5% increase from FY 22 estimates. There continues to be minimal impact on property tax collections, despite the potential for nonpayments due to economic hardships resulting from the pandemic. Annual increases in assessed property values and more property tax increment distributed from the County of Orange for the Successor Agency are projected to contribute higher property tax receipts. In addition, property tax in lieu of motor vehicle license fees is expected to be above budget as this revenue is tied to property tax growth. • Sales Tax The City anticipates receiving $50.1 million in net sales tax revenue, the second largest sources of General Fund Revenue. We anticipate that auto sales will continue to increase slightly, as demand continues to be high despite inventory shortages. The positive performance in building and construction activity seen in previous years is anticipated to remain flat as more consumers spend their money on other sectors and interest rates continue to increase. Restaurants are expected to trend upwards, as there are no anticipated state restrictions on capacity and indoor gathering in the future. We expect fuel sales begin to decrease from record highs beginning in the 4th quarter of 2022. We are also aware that fuel prices may also discourage the use of vehicles, temporarily deferring an increase in fuel sales. With the shift to online shopping, especially during the pandemic, allocations from the county tax pool will continue to bring in more revenue than in previous years as more consumers continue to prefer online shopping; consequently, general consumer goods growth is expected to be flat.
• Transient Occupancy Tax (TOT) is projected to be $5.1 million, an increase of about $690,000 (15.7%) above the FY 22 estimate. Both business and leisure travel continue to ease out of the effects from the pandemic due to fewer restrictions on federal and state mandates and more consumer confidence on traveling. The Disney resort has been fully open with minimal restrictions since last year, and stadiums are open, resulting in an increase in TOT to the various resorts and hotels within its vicinity. Short term rentals also have contributed a portion of the TOT. • Fees for Services and Licenses and Permits account for a combined $11.5 million and are set by the Master Fee Schedule. As part of the preparation of the FY 23 budget, staff has updated current charges for services based on revised time estimates and costs for delivering each service. With the proposed fees, we anticipate recovering approximately 63% of costs associated with provided services. As more 1002
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Sales Tax,
$50,098,773
Property Tax,
$50,611,117
Transient Occupancy Tax,
$5,090,000
Other Taxes , $900,000
Franchises , $2,641,702
Licenses & Permits ,
$6,163,360
Fines & Forfeitures ,
$2,130,000
Use of Money & Property ,
$1,609,544
Revenue from Other
Agencies , $1,700,000
Fees for Services ,
$5,306,479
Miscellaneous Revenues ,
$950,000
Inter-fund Revenue ,
$3,531,732
in-person participation continues in leisure activities, particularly in sports and recreation class enrollment, as well as continued development activity, we anticipate increases of fees for services. As for licenses and permits, after following the prior year’s trend, building-related permits and annual fire permits are anticipated to remain steady in FY 23, with regular fee increases expected. Increased fees include mechanical, electrical, and plumbing permits as well as new construction plan check and inspection fees. Additionally, some fees have decreased slightly due to minor decreases in cost, as applicable.
• Fines and Forfeitures are projected to be $2.1 million, an increase of about $280,000 (15%) from FY 22 estimates. Previous years’ fines were down significantly as parking enforcement was suspended due to COVID restrictions, and moratoriums were placed on certain fines and penalties. These areas are expected to be back in full force, which leads to an anticipation in returning to pre-pandemic revenue levels.
FY 23 General Fund Revenues
While we anticipate the projected revenue amount of $130.7 million for FY 23, we continue to remain cautious that any future growth in General Fund revenue will be modest and will occur gradually as the economy continues to emerge in all sectors of industry and commerce.
FY 23 General Fund Expenditures
The City is fortunate to have the history of conservative spending practices. These provided a model in ambiguous economic times, when a strong national economy did not necessarily translate to robust local revenues to provide a healthy offset to everincreasing expenditures. Over the years, early implementation of many budget reduction 1003
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measures, including departmental operating budget reductions, underfunding internal service fund allocations, implementing operational efficiencies, and freezing vacant positions, has enforced this standard while maintaining a stable financial position. The City has continued to implement these budget-balancing measures over the past several years and has remained vigilant in controlling spending growth during better financial times.
For FY 23, to ensure our ability to adopt a balanced budget, we are implementing the following key budget-balancing measures:
• Departmental Budget Reductions: In FY 19, an analysis determined that departments had not been using their entire budgeted allocation by the end of each fiscal year. This was primarily the result of vacant positions and more efficient use of operation monies. As such, the City Council adopted a budget reduction policy to “close the gap” on, what was then, an anticipated budget deficit. In past years, the outcome of this policy direction yielded a General Fund expenditure reduction of about $2.5 million through decreases on all department budget salaries and benefits (S&B) by 2.5%, and on maintenance and operations (M&O) by 5%. For FY 23, it remains clear a portion of this budget reduction policy should continue in order to close an expected gap between anticipated revenues and projected expenditures. City departments were given their respective target reduction amounts, resulting in a total expenditure reduction of $1.2 million in M&O only. We also anticipate additional savings as staff will charge approximately $750,000 in administrative and design costs to capital improvement projects in FY 23. Applying this to the FY 23 budget, these savings will be counted in advance, which will result in a reduced revenues over expenditures amount at the close of FY 23.
• Use of Anticipated Vacancy Savings: In the past several years, salaries and benefits cost have been a source of end-of year savings of approximately $3.5 million.
This is mostly due to position vacancies through normal attrition or those intentionally not filled. Coupled with the many recent and upcoming retirements of City staff, it is reasonable to assume we will likely have $3.8 million of unused appropriation at the end of the year, approximately 4% of the total budget allocated for salaries; therefore, the FY 23 budget assumes approximately $3.8 million of anticipated vacancy savings that will be used as a source of funds to balance the budget. • PERS Retirement Costs: On March 15, 2021, the City successfully issued 2.7% Pension Obligation Bonds (POBs), in the amount of $286.5 million, to effectively refinance the City’s Unfunded Accrued Liability (UAL) with CalPERS as of that date.
The UAL represented ongoing expenditures with a 7% interest/discount rate, coupled with increasing annual contributions to reduce the overall balance. The overall savings as a result of the issuance of the POBs in the General Fund for FY 23 is $5.9 million.
Concurrent with the issuance of the POBs, Council adopted a comprehensive Reserve Policy and Pension Funding Policy, which established the reserve levels for various City funds, as well as a method to proactively manage future unfunded pension liabilities.
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As a result of these balancing measures, the $130.7 million General Fund Expenditure is balanced with revenues exceeding expenditures by $9,000.
FY 23 General Fund Expenditures
ESTIMATED GENERAL FUND BALANCE FOR FY 23
As a result of the second installment of the ARP monies being received prior to the close of FY 22, increased revenues, and reduced expenditures, the FY 23 projected beginning General Fund unreserved fund balance was $23.5 million. FY 23 revenues of about $130.7 million and expenditures of about $130.7 million result in a balanced budget with a small surplus of $9,000, bringing the unreserved fund balance to $1.2 million, after recommended transfers of $22.3 million from the unreserved fund balance to the following funds: $7.75 million to the Computer Equipment Replacement Fund; $7.0 million to the Capital Projects Fund; $5.75 million to the Equipment Replacement Fund; and $660,000 to General Liability Fund. In addition, we propose the FY 23 budget include a $1.1 million transfer of General Fund monies to the General Fund Contingency Reserve, bringing the reserve balance to $21.77 million, in compliance with the City’s established policy amount. This results in a FY 23 estimated ending General Fund reserved and unreserved fund balance just under $23 million. When the final results of FY 22 are presented at the 1005
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October meeting, City Council will have the opportunity to give direction to replenish the other various reserve funds.
Estimated Available General Fund Balance
Unreserved Fund Balance Available @ 6/30/22 $23,468,556 FY 23 Estimated Revenues $130,732,707
FY 23 Estimated Revised Expenditures (130,723,636)
Net Surplus 9,072
Transfers Out
Transfer to Computer Replacement Fund (7,750,000)
Transfer to Capital Improvement Fund (7,000,000)
Transfer to Equipment Replacement Fund (5,750,000)
Transfer to General Liability Fund (600,000)
Transfer to General Fund Contingency Reserve (1,093,938) Total Transfers Out (22,253,938)
Estimate Available Fund Balance @ 6/30/23 1,223,690
General Fund Catastrophic Reserve 21,761,898
Est. Reserved & Unreserved General Fund Balance @ 6/30/23 $ 22,985,588 FY 23 Reserve and Unreserved Fund Balances
Estimated Available Reserves @ 6/30/23
Accrued Liability/PERS set-aside (Fund 760) $6,236,040
Capital Projects (Fund 500) 9,203,718
Information Technology Capital (Fund 790) 5,567,966
All Other Internal Service Funds (various) 6,950,326
Total Est. Available Reserves @ 6/30/23 $27,958,050
Unreserved General Fund Balance 1,223,690
General Fund Catastrophic Reserve 21,761,898
Total Est. Available Reserves @ 6/30/23 $50,943,638
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REVIEW OF OTHER KEY FUNDS
While the General Fund accounts for approximately 49% of overall expenditures, there are several other funds managed by the City. The FY 23 budget reflects a total of $267.2 million in expenditures for all funds. The key areas are summarized below:
The Water Enterprise Fund, which includes both operating and capital expenditures, is projected to begin FY 23 with an available fund balance of $2.9 million. Revenue and expenditures are estimated at $42.2 million and $42.7 million, respectively, which includes $2.2 million in water capital projects. As a result, the expected ending FY 23 available fund balance is about $2.4 million. It should be noted that this fund balance estimate assumes all funding for multi-year projects will be spent in FY 23. While most of the funding is budgeted up-front, the project balances are carried over until completion and are included in the year-end fund balance once the FY 22 accounting records are finalized.
The Sanitation Fund, which includes sewer maintenance, tree trimming and environmental compliance services, is projected to begin FY 23 with an available fund balance of $2.7 million. FY 23 revenue projections are $5.9 million and expenditures are $7.8 million, resulting in an estimated ending fund balance of about $771,000. Specific to the Sewer Capital Projects Fund, the FY 23 revenue estimate is $2.2 million and capital improvement expenditures towards sewer line replacement and maintenance are $2.2 million. The estimated FY 23 ending fund balance is $1.9 million.
The Gas Tax Fund is projected to begin FY 23 with a fund balance of about $530,000.
FY 23 revenue estimates are $4.0 million with expenditures of about $4.5 million, resulting in an ending fund balance of about $83,000. Specifically, The Road Maintenance and Rehabilitation Account (RMRA) will begin FY 23 with a fund balance of about $360,000.
In FY 23, the City will receive about $3.1 million from the State, which will be fully allocated towards Pavement Management Program expenses.
CITY HIGHLIGHTS
As the economy rebounds from the residual effects of the pandemic, the City has taken the opportunity to continue to make positive enhancements and changes in the community and to the organization:
• Public Safety – Police Department Enhancements: In an effort to enhance services and continue providing exceptional public safety services, several key positions were added to the Orange Police Department in FY23. This includes the addition of five sworn Police Officers, the unfreezing of 6 sworn officer positions, two full-time Parking Control Officers, two Police Services Officers, and a full-time Civilian Investigative Officer. The addition of the Parking Control Officers will assist with the influx of parking complaints and associated issues, particularly generated in the busy downtown Plaza area. The addition of the Police Services Officers will alleviate sworn positions by 1007
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performing non-sworn administrative, patrol and investigative duties, including the management of digital evidence collected through the body worn camera program.
And finally, the Civilian Investigative Officer will assist with the background investigative services required to onboard new police officers and meet ongoing recruiting demands, ensuring the department continues to attain the highest level caliber of employee.
• Public Safety – Fire Department Implementation of Ambulance Operator Program: In response to increased calls for service, the Fire Department will implement an Ambulance Operator Program, adding 12 full-time employees (FTE) and 6 part-time staff. The program bolsters the current Fire Department’s service capacity by adding a fifth rescue ambulance and increasing the staffing levels of the truck companies. It is anticipated the program will increase availability of the rescue ambulances, provide staffing levels recommended by the National Fire Protection Association (NFPA), and enhance the ability to manage and control emergencies without depleting departmental resources when multiple requests for service occur. • Continued Focus on Economic Development: Attracting and retaining businesses in Orange has always been a critical focus for the City. Recognizing the strength of our local economy is an essential driver to the success of the City, our staff continues to look at traditional and innovative ways to provide business development services.
The City continues to strengthen relationships with existing businesses with a focus on large employers and those businesses that generate significant revenue for the City. Partnerships with the Chamber of Commerce, the Small Business Administration, and the Small Business Development Center help us provide the support that our small businesses need to thrive. In addition, a vital component of our business development program is ensuring for a streamlined and efficient land-use entitlement process. Our Community Development Department is in the process of developing the North Tustin Specific Plan to ensure that zoning in the area allows flexibility to encourage the redevelopment of aging commercial centers. Some key businesses currently in the entitlement process and planning to invest in Orange include a third In-N-Out location and CHOC, who is building a new medical office building and expanding an existing parking structure. Finally, the Orange Plaza Paseo street closure during the pandemic provided a lifeline to downtown businesses and helped lay the groundwork for a strong economic recovery in Old Towne. The result is that we continue to see significant private property investment in the downtown core with new businesses such as Finney’s Crafthouse & Kitchen, blk.coffee, and The Richland Hotel bringing new life to historic buildings. • New Fire Headquarters Coming Soon: The new Fire Headquarters and Station No. 1 facility, located on the 1.5 acre City-owned property sited on East Chapman at Water Street, has been under construction since January 2021. This new facility will provide increased emergency service response to the Old Towne and immediate surrounding area, and to the general population of the City of Orange. Furthermore, the project will replace the current 50-year old Fire Station No. 1 and Headquarters building, and provide for improved administrative and training space, and increased room for fire apparatus. The total cost of the project, including design, construction, and outfitting, is estimated at $24.9 million and will utilize funds from the successful issuance of 1008
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Lease Revenue Bonds in July 2020. It is estimated the project will be completed in Summer 2022.
• City Continues to Make Significant Investments in its Capital Improvement Plan (CIP): Over the past several years, despite challenging economic conditions and especially during the COVID-19 pandemic, we have seen a high level of capital improvement activity in Orange. Looking forward, the CIP identifies 149 projects proposed for the five-year period. For the upcoming fiscal year, there are 19 new budgeted projects and continued investment in 130 projects that are either a continuation of previously approved plans, or anticipated to start during the out-years.
With these proposed projects, the City Council will be investing $38.1 million in the upcoming fiscal year and $122.0 million over the five-year planning horizon. This is a major investment in the City’s infrastructure, and represents a significant commitment to our community’s future. As in years past, funding for the CIP comes from different sources including Gas Taxes, Measure “M”, Developer Impact Fees, State and Federal Grants, former Redevelopment and Lease Revenue Bond Proceeds, and Community Development Block Grants. The following are highlights of the FY 23 Capital Improvement Plan:
• Completion of construction of the Fire Station Headquarters and Station No. 1. • Rehabilitation of the Police Headquarters Atrium.
• Design and development of a pickleball and fitness facility in Hart Park • Design and construction of the Corp Yard Renovation project. • Installation of video surveillance and heightened security in Hart Park • Installation of shade sails in tot lots at La Veta and Belmont Parks • Rehabilitation of Orange library facilities, including ADA door access at Taft Library
• Commitment of $6 million to the Pavement Management Program and an additional $7.6 million for street maintenance and rehabilitation efforts at various locations throughout the City.
• Commitment of $3.5 million towards 7 projects intended to maintain or improve the City’s water production and distribution, including $1.5 million for pipeline replacement.
• Commitment of $2.2 million to the Sewer Replacement Program
LOOKING FORWARD
The economy is improving incrementally as the City Council’s prudent policies continue to set the stage to meet the budgetary challenges and demands of FY 23. While it is important to continue on the path of caution to ensure long-term fiscal health, the City Council works hard to be able to allocate the necessary resources to allow the City to provide the citizens and businesses of the City with the excellent services they have come to expect and to bolster the City’s public safety.
While the Orange economy projects a positive outlook, the nation is currently experiencing higher inflation as the economy transitions from the pandemic and supply 1009
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catches up to demand, with moderately higher inflation expected to continue through the end of 2023. Following the adoption of the FY 23 Budget, staff will continue to monitor the economy, and be vigilant with the City’s budget by taking proactive and reactive measures as needed. We will stay focused on the status of our current fiscal condition as well as plan for an equally challenging FY 24 budget.
We are optimistic that the reopening of the economy will yield a renewal in economic activity for our City, which in turn will provide resources to continue our mission to provide exceptional customer services to our Orange residents.
THANKS AND APPRECIATION
Undoubtedly, the preparation of this budget would not be possible without the dedication and commitment of the City’s Department Heads and their key staff members. A special note of thanks to the Finance team who worked extra hard to modify some of their forecasting and budgeting processes to meet my expectations as the new City Manager.
The extra effort required to prepare the departmental budgets overlays on top of the busy demands of the City’s day-to-day operations.
I would also like to express my appreciation to the members of the City Council for your confidence in the City’s management team as well as your policy direction in this budget process. As they say “it takes a village” and often requires some compromise to get to a final plan. I believe this document reflects the consensus direction you provided, and will meet the needs of our Departments to continue to provide top quality service and services to our community.
Sincerely,
Rob Houston
City Manager
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June 14, 2022
Honorable Mayor and Members of the City Council:
I am pleased to submit for your consideration the Fiscal Year 2022-2023 (FY23) Budget.
This Budget incorporates the City’s firm commitment to fiscal responsibility, effective use of our resources, and high quality service delivery to our residents, businesses, and visitors. In addition, this budget has added a 10-year forecast planning analysis to help the city understand the longer-term impact of current decisions proposed.
Looking back at the past year, it is evident the residual effects of the pandemic have become less detrimental on our local economy. In the last year, we have seen increases across every industry, particularly in oil and gas as well as restaurant and hotel industries.
As Federal, State and County COVID guidelines relaxed and more patrons felt comfortable venturing out of their homes to travel and shop, we saw increased sales in the auto and general consumer goods industries.
As previously noted, with most industries recovering from the COVID-19 pandemic, revenues continue to trend upwards. It is expected that our FY 23 revenue will steadily increase from our adopted FY 22 estimates, with sales tax, transit occupancy tax, and fees for services and licenses and permits leading the growth. Inversely, the cost to deliver services to residents, businesses, and visitors continues to increase substantially.
At $130.7 million, the General Fund expenditure budget reflects the rising costs of doing business while also ensuring the multi-faceted needs of the community are met, with a particular focus on the City Council’s commitment to public safety.
While the economy has slowly been rebounding from the unprecedented circumstances related to the COVID-19 pandemic, the stability of the economy remains uncertain. High inflation rates affecting the cost of goods and services and the staffing shortages in the food service, hospitality, and retail industries are indicators that the City will continue to monitor to ensure we adapt our fiscal actions to match the economic reality that is ahead.
As in the past, the City Council has made it a priority to continue to implement prudent and conservative fiscal policies to weather fluctuations in the economy while still balancing the growing needs of the community.
Orange continues to have a bright future. We remain one of the safest cities in California; we have an outstanding business environment and are home to several major corporations, hospitals, regional shopping centers and a diverse group of small businesses; we have one of the nation’s largest historical districts – Old Towne Orange – with its thriving plaza area commercial district; we have excellent and well-maintained residential neighborhoods and parks; and, our residents have tremendous community 1011
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spirit with a great deal of pride in their hometown. In spite of the residual effects of the pandemic, Orange continues to take a proactive response to address all issues affecting our citizens and business community. The budget for FY 23 has been prepared to be responsive to the needs of the citizens and businesses of the City of Orange with a focus on public safety while being fiscally responsible in an effort to prepare for any potential economic downturns.
GENERAL FUND REVENUE
Total General Fund revenues for FY 23 are projected to be $130.7 million. • Property Tax is the largest source of General Fund revenue and is expected to be $50.6 million, a $2.2 million, or 4.5% increase from FY 22 estimates. There continues to be minimal impact on property tax collections, despite the potential for nonpayments due to economic hardships resulting from the pandemic. Annual increases in assessed property values and more property tax increment distributed from the County of Orange for the Successor Agency are projected to contribute higher property tax receipts. In addition, property tax in lieu of motor vehicle license fees is expected to be above budget as this revenue is tied to property tax growth. • Sales Tax The City anticipates receiving $50.1 million in net sales tax revenue, the second largest sources of General Fund Revenue. We anticipate that auto sales will continue to increase slightly, as demand continues to be high despite inventory shortages. The positive performance in building and construction activity seen in previous years is anticipated to remain flat as more consumers spend their money on other sectors and interest rates continue to increase. Restaurants are expected to trend upwards, as there are no anticipated state restrictions on capacity and indoor gathering in the future. We expect fuel sales begin to decrease from record highs beginning in the 4th quarter of 2022. We are also aware that fuel prices may also discourage the use of vehicles, temporarily deferring an increase in fuel sales. With the shift to online shopping, especially during the pandemic, allocations from the county tax pool will continue to bring in more revenue than in previous years as more consumers continue to prefer online shopping; consequently, general consumer goods growth is expected to be flat.
• Transient Occupancy Tax (TOT) is projected to be $5.1 million, an increase of about $690,000 (15.7%) above the FY 22 estimate. Both business and leisure travel continue to ease out of the effects from the pandemic due to fewer restrictions on federal and state mandates and more consumer confidence on traveling. The Disney resort has been fully open with minimal restrictions since last year, and stadiums are open, resulting in an increase in TOT to the various resorts and hotels within its vicinity. Short term rentals also have contributed a portion of the TOT. • Fees for Services and Licenses and Permits account for a combined $11.5 million and are set by the Master Fee Schedule. As part of the preparation of the FY 23 budget, staff has updated current charges for services based on revised time estimates and costs for delivering each service. With the proposed fees, we anticipate recovering approximately 63% of costs associated with provided services. As more 1012
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Sales Tax,
$50,098,773
Property Tax,
$50,611,117
Transient Occupancy Tax,
$5,090,000
Other Taxes , $900,000
Franchises , $2,641,702
Licenses & Permits ,
$6,163,360
Fines & Forfeitures ,
$2,130,000
Use of Money & Property ,
$1,609,544
Revenue from Other
Agencies , $1,700,000
Fees for Services ,
$5,306,479
Miscellaneous Revenues ,
$950,000
Inter-fund Revenue ,
$3,531,732
in-person participation continues in leisure activities, particularly in sports and recreation class enrollment, as well as continued development activity, we anticipate increases of fees for services. As for licenses and permits, after following the prior year’s trend, building-related permits and annual fire permits are anticipated to remain steady in FY 23, with regular fee increases expected. Increased fees include mechanical, electrical, and plumbing permits as well as new construction plan check and inspection fees. Additionally, some fees have decreased slightly due to minor decreases in cost, as applicable.
• Fines and Forfeitures are projected to be $2.1 million, an increase of about $280,000 (15%) from FY 22 estimates. Previous years’ fines were down significantly as parking enforcement was suspended due to COVID restrictions, and moratoriums were placed on certain fines and penalties. These areas are expected to be back in full force, which leads to an anticipation in returning to pre-pandemic revenue levels.
FY 23 General Fund Revenues
While we anticipate the projected revenue amount of $130.7 million for FY 23, we continue to remain cautious that any future growth in General Fund revenue will be modest and will occur gradually as the economy continues to emerge in all sectors of industry and commerce.
FY 23 General Fund Expenditures
The City is fortunate to have the history of conservative spending practices. These provided a model in ambiguous economic times, when a strong national economy did not necessarily translate to robust local revenues to provide a healthy offset to everincreasing expenditures. Over the years, early implementation of many budget reduction 1013
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measures, including departmental operating budget reductions, underfunding internal service fund allocations, implementing operational efficiencies, and freezing vacant positions, has enforced this standard while maintaining a stable financial position. The City has continued to implement these budget-balancing measures over the past several years and has remained vigilant in controlling spending growth during better financial times.
For FY 23, to ensure our ability to adopt a balanced budget, we are implementing the following key budget-balancing measures:
• Departmental Budget Reductions: In FY 19, an analysis determined that departments had not been using their entire budgeted allocation by the end of each fiscal year. This was primarily the result of vacant positions and more efficient use of operation monies. As such, the City Council adopted a budget reduction policy to “close the gap” on, what was then, an anticipated budget deficit. In past years, the outcome of this policy direction yielded a General Fund expenditure reduction of about $2.5 million through decreases on all department budget salaries and benefits (S&B) by 2.5%, and on maintenance and operations (M&O) by 5%. For FY 23, it remains clear a portion of this budget reduction policy should continue in order to close an expected gap between anticipated revenues and projected expenditures. City departments were given their respective target reduction amounts, resulting in a total expenditure reduction of $1.2 million in M&O only. We also anticipate additional savings as staff will charge approximately $750,000 in administrative and design costs to capital improvement projects in FY 23. Applying this to the FY 23 budget, these savings will be counted in advance, which will result in a reduced revenues over expenditures amount at the close of FY 23.
• Use of Anticipated Vacancy Savings: In the past several years, salaries and benefits cost have been a source of end-of year savings of approximately $3.5 million.
This is mostly due to position vacancies through normal attrition or those intentionally not filled. Coupled with the many recent and upcoming retirements of City staff, it is reasonable to assume we will likely have $3.8 million of unused appropriation at the end of the year, approximately 4% of the total budget allocated for salaries; therefore, the FY 23 budget assumes approximately $3.8 million of anticipated vacancy savings that will be used as a source of funds to balance the budget. • PERS Retirement Costs: On March 15, 2021, the City successfully issued 2.7% Pension Obligation Bonds (POBs), in the amount of $286.5 million, to effectively refinance the City’s Unfunded Accrued Liability (UAL) with CalPERS as of that date.
The UAL represented ongoing expenditures with a 7% interest/discount rate, coupled with increasing annual contributions to reduce the overall balance. The overall savings as a result of the issuance of the POBs in the General Fund for FY 23 is $5.9 million.
Concurrent with the issuance of the POBs, Council adopted a comprehensive Reserve Policy and Pension Funding Policy, which established the reserve levels for various City funds, as well as a method to proactively manage future unfunded pension liabilities.
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As a result of these balancing measures, the $130.7 million General Fund Expenditure is balanced with revenues exceeding expenditures by $9,000.
FY 23 General Fund Expenditures
ESTIMATED GENERAL FUND BALANCE FOR FY 23
As a result of the second installment of the ARP monies being received prior to the close of FY 22, increased revenues, and reduced expenditures, the FY 23 projected beginning General Fund unreserved fund balance was $23.5 million. FY 23 revenues of about $130.7 million and expenditures of about $130.7 million result in a balanced budget with a small surplus of $9,000, bringing the unreserved fund balance to $1.2 million, after recommended transfers of $22.3 million from the unreserved fund balance to the following funds: $7.75 million to the Computer Equipment Replacement Fund; $7.0 million to the Capital Projects Fund; $5.75 million to the Equipment Replacement Fund; and $660,000 to General Liability Fund. In addition, we propose the FY 23 budget include a $1.1 million transfer of General Fund monies to the General Fund Contingency Reserve, bringing the reserve balance to $21.77 million, in compliance with the City’s established policy amount. This results in a FY 23 estimated ending General Fund reserved and unreserved fund balance just under $23 million. When the final results of FY 22 are presented at the 1015
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October meeting, City Council will have the opportunity to give direction to replenish the other various reserve funds.
Estimated Available General Fund Balance
Unreserved Fund Balance Available @ 6/30/22 $23,468,556 FY 23 Estimated Revenues $130,732,707
FY 23 Estimated Revised Expenditures (130,723,636)
Net Surplus 9,072
Transfers Out
Transfer to Computer Replacement Fund (7,750,000)
Transfer to Capital Improvement Fund (7,000,000)
Transfer to Equipment Replacement Fund (5,750,000)
Transfer to General Liability Fund (600,000)
Transfer to General Fund Contingency Reserve (1,093,938) Total Transfers Out (22,253,938)
Estimate Available Fund Balance @ 6/30/23 1,223,690
General Fund Catastrophic Reserve 21,761,898
Est. Reserved & Unreserved General Fund Balance @ 6/30/23 $ 22,985,588 FY 23 Reserve and Unreserved Fund Balances
Estimated Available Reserves @ 6/30/23
Accrued Liability/PERS set-aside (Fund 760) $6,236,040
Capital Projects (Fund 500) 9,203,718
Information Technology Capital (Fund 790) 5,567,966
All Other Internal Service Funds (various) 6,950,326
Total Est. Available Reserves @ 6/30/23 $27,958,050
Unreserved General Fund Balance 1,223,690
General Fund Catastrophic Reserve 21,761,898
Total Est. Available Reserves @ 6/30/23 $50,943,638
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REVIEW OF OTHER KEY FUNDS
While the General Fund accounts for approximately 49% of overall expenditures, there are several other funds managed by the City. The FY 23 budget reflects a total of $267.2 million in expenditures for all funds. The key areas are summarized below:
The Water Enterprise Fund, which includes both operating and capital expenditures, is projected to begin FY 23 with an available fund balance of $2.9 million. Revenue and expenditures are estimated at $42.2 million and $42.7 million, respectively, which includes $2.2 million in water capital projects. As a result, the expected ending FY 23 available fund balance is about $2.4 million. It should be noted that this fund balance estimate assumes all funding for multi-year projects will be spent in FY 23. While most of the funding is budgeted up-front, the project balances are carried over until completion and are included in the year-end fund balance once the FY 22 accounting records are finalized.
The Sanitation Fund, which includes sewer maintenance, tree trimming and environmental compliance services, is projected to begin FY 23 with an available fund balance of $2.7 million. FY 23 revenue projections are $5.9 million and expenditures are $7.8 million, resulting in an estimated ending fund balance of about $771,000. Specific to the Sewer Capital Projects Fund, the FY 23 revenue estimate is $2.2 million and capital improvement expenditures towards sewer line replacement and maintenance are $2.2 million. The estimated FY 23 ending fund balance is $1.9 million.
The Gas Tax Fund is projected to begin FY 23 with a fund balance of about $530,000.
FY 23 revenue estimates are $4.0 million with expenditures of about $4.5 million, resulting in an ending fund balance of about $83,000. Specifically, The Road Maintenance and Rehabilitation Account (RMRA) will begin FY 23 with a fund balance of about $360,000.
In FY 23, the City will receive about $3.1 million from the State, which will be fully allocated towards Pavement Management Program expenses.
CITY HIGHLIGHTS
As the economy rebounds from the residual effects of the pandemic, the City has taken the opportunity to continue to make positive enhancements and changes in the community and to the organization:
• Public Safety – Police Department Enhancements: In an effort to enhance services and continue providing exceptional public safety services, several key positions were added to the Orange Police Department in FY23. This includes the addition of five sworn Police Officers, the unfreezing of 6 sworn officer positions, two full-time Parking Control Officers, two Police Services Officers, and a full-time Civilian Investigative Officer. The addition of the Parking Control Officers will assist with the influx of parking complaints and associated issues, particularly generated in the busy downtown Plaza area. The addition of the Police Services Officers will alleviate sworn positions by 1017
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performing non-sworn administrative, patrol and investigative duties, including the management of digital evidence collected through the body worn camera program.
And finally, the Civilian Investigative Officer will assist with the background investigative services required to onboard new police officers and meet ongoing recruiting demands, ensuring the department continues to attain the highest level caliber of employee.
• Public Safety – Fire Department Implementation of Ambulance Operator Program: In response to increased calls for service, the Fire Department will implement an Ambulance Operator Program, adding 12 full-time employees (FTE) and 6 part-time staff. The program bolsters the current Fire Department’s service capacity by adding a fifth rescue ambulance and increasing the staffing levels of the truck companies. It is anticipated the program will increase availability of the rescue ambulances, provide staffing levels recommended by the National Fire Protection Association (NFPA), and enhance the ability to manage and control emergencies without depleting departmental resources when multiple requests for service occur. • Continued Focus on Economic Development: Attracting and retaining businesses in Orange has always been a critical focus for the City. Recognizing the strength of our local economy is an essential driver to the success of the City, our staff continues to look at traditional and innovative ways to provide business development services.
The City continues to strengthen relationships with existing businesses with a focus on large employers and those businesses that generate significant revenue for the City. Partnerships with the Chamber of Commerce, the Small Business Administration, and the Small Business Development Center help us provide the support that our small businesses need to thrive. In addition, a vital component of our business development program is ensuring for a streamlined and efficient land-use entitlement process. Our Community Development Department is in the process of developing the North Tustin Specific Plan to ensure that zoning in the area allows flexibility to encourage the redevelopment of aging commercial centers. Some key businesses currently in the entitlement process and planning to invest in Orange include a third In-N-Out location and CHOC, who is building a new medical office building and expanding an existing parking structure. Finally, the Orange Plaza Paseo street closure during the pandemic provided a lifeline to downtown businesses and helped lay the groundwork for a strong economic recovery in Old Towne. The result is that we continue to see significant private property investment in the downtown core with new businesses such as Finney’s Crafthouse & Kitchen, blk.coffee, and The Richland Hotel bringing new life to historic buildings. • New Fire Headquarters Coming Soon: The new Fire Headquarters and Station No. 1 facility, located on the 1.5 acre City-owned property sited on East Chapman at Water Street, has been under construction since January 2021. This new facility will provide increased emergency service response to the Old Towne and immediate surrounding area, and to the general population of the City of Orange. Furthermore, the project will replace the current 50-year old Fire Station No. 1 and Headquarters building, and provide for improved administrative and training space, and increased room for fire apparatus. The total cost of the project, including design, construction, and outfitting, is estimated at $24.9 million and will utilize funds from the successful issuance of 1018
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Lease Revenue Bonds in July 2020. It is estimated the project will be completed in Summer 2022.
• City Continues to Make Significant Investments in its Capital Improvement Plan (CIP): Over the past several years, despite challenging economic conditions and especially during the COVID-19 pandemic, we have seen a high level of capital improvement activity in Orange. Looking forward, the CIP identifies 149 projects proposed for the five-year period. For the upcoming fiscal year, there are 19 new budgeted projects and continued investment in 130 projects that are either a continuation of previously approved plans, or anticipated to start during the out-years.
With these proposed projects, the City Council will be investing $38.1 million in the upcoming fiscal year and $122.0 million over the five-year planning horizon. This is a major investment in the City’s infrastructure, and represents a significant commitment to our community’s future. As in years past, funding for the CIP comes from different sources including Gas Taxes, Measure “M”, Developer Impact Fees, State and Federal Grants, former Redevelopment and Lease Revenue Bond Proceeds, and Community Development Block Grants. The following are highlights of the FY 23 Capital Improvement Plan:
• Completion of construction of the Fire Station Headquarters and Station No. 1. • Rehabilitation of the Police Headquarters Atrium.
• Design and development of a pickleball and fitness facility in Hart Park • Design and construction of the Corp Yard Renovation project. • Installation of video surveillance and heightened security in Hart Park • Installation of shade sails in tot lots at La Veta and Belmont Parks • Rehabilitation of Orange library facilities, including ADA door access at Taft Library
• Commitment of $6 million to the Pavement Management Program and an additional $7.6 million for street maintenance and rehabilitation efforts at various locations throughout the City.
• Commitment of $3.5 million towards 7 projects intended to maintain or improve the City’s water production and distribution, including $1.5 million for pipeline replacement.
• Commitment of $2.2 million to the Sewer Replacement Program
LOOKING FORWARD
The economy is improving incrementally as the City Council’s prudent policies continue to set the stage to meet the budgetary challenges and demands of FY 23. While it is important to continue on the path of caution to ensure long-term fiscal health, the City Council works hard to be able to allocate the necessary resources to allow the City to provide the citizens and businesses of the City with the excellent services they have come to expect and to bolster the City’s public safety.
While the Orange economy projects a positive outlook, the nation is currently experiencing higher inflation as the economy transitions from the pandemic and supply 1019
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catches up to demand, with moderately higher inflation expected to continue through the end of 2023. Following the adoption of the FY 23 Budget, staff will continue to monitor the economy, and be vigilant with the City’s budget by taking proactive and reactive measures as needed. We will stay focused on the status of our current fiscal condition as well as plan for an equally challenging FY 24 budget.
We are optimistic that the reopening of the economy will yield a renewal in economic activity for our City, which in turn will provide resources to continue our mission to provide exceptional customer services to our Orange residents.
THANKS AND APPRECIATION
Undoubtedly, the preparation of this budget would not be possible without the dedication and commitment of the City’s Department Heads and their key staff members. A special note of thanks to the Finance team who worked extra hard to modify some of their forecasting and budgeting processes to meet my expectations as the new City Manager.
The extra effort required to prepare the departmental budgets overlays on top of the busy demands of the City’s day-to-day operations.
I would also like to express my appreciation to the members of the City Council for your confidence in the City’s management team as well as your policy direction in this budget process. As they say “it takes a village” and often requires some compromise to get to a final plan. I believe this document reflects the consensus direction you provided, and will meet the needs of our Departments to continue to provide top quality service and services to our community.
Sincerely,
Rob Houston
City Manager
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FY 23
HISTORICAL SUMMARY OF REVENUES AND EXPENDITURES
BY FUND TYPE
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
REVENUES
General Fund 117,508,147 126,143,227 147,571,901 130,732,707 Special Revenue 25,549,480 38,476,100 38,662,426 24,520,873 Capital Projects 12,512,467 10,233,663 10,391,075 7,923,833 Enterprise 35,733,744 39,052,124 40,099,016 42,248,459
Internal Service 14,396,985 13,174,073 14,419,506 16,831,180 Redevelopment (Successor) 5,681,113 5,211,089 5,569,672 5,574,021 Total Revenues 211,381,936 232,290,275 256,713,596 227,831,073
EXPENDITURES
General Fund 116,773,275 367,310,988 98,536,187 130,323,637 Special Revenue 30,353,415 44,082,582 57,401,484 29,005,249 Capital Projects 10,929,915 19,766,545 26,218,843 17,785,228 Enterprise 35,010,073 35,983,196 24,353,287 42,745,402
Internal Service 17,072,605 19,842,809 21,263,400 24,989,944 Redevelopment (Successor) 1,505,929 1,273,252 859,524 5,573,025 Total Expenditures 211,645,212 489,207,157 233,965,736 267,177,858 1 1021
FY 23
SCHEDULE OF CHANGES IN FUND BALANCE
Est. Available Estimated
Fund Fund Balance Transfers Transfers Estimated Estimated Fund Balance No. Funds 7/1/2022 In Out Revenues Expenditures 6/30/2023
GENERAL FUNDS
100 General Operating Fund 23,468,556 - 22,653,938 130,732,707 130,323,636 1,223,690 TOTAL GENERAL FUNDS - 23,468,556 22,653,938 130,732,707 130,323,636 1,223,690
SPECIAL REVENUE FUNDS
110 Building Records Management 533,473 - - 153,422 128,038 558,857 115 Business Investment 2,792,503 - - 6,652 - 2,799,155 120 Proposition 172 413,904 - - 872,851 957,703 329,052 125 Emergency Transport Program 36,992 400,000 - 2,875,420 3,293,285 19,127 130 PEG Program 201,881 - - 252,807 248,935 205,753
140 CASp 287,133 - - 66,157 1,601 351,689
150 O.C.P.T. Building Maintenance 111,069 - - 15,581 10,485 116,165 220 Sanitation and Sewer 2,685,866 - - 5,839,334 7,753,977 771,223 245 Air Pollution Reduction 98,238 - - 182,478 273,746 6,970 263 Traffic Improvement - Measure M2 678,515 - - 3,654,394 4,263,368 69,541 270 Gas Tax 526,876 - - 4,005,254 4,449,072 83,058
274 Road Maintenance Rehabilitation Account 356,809 - - 3,140,323 3,487,943 9,189 287 Citywide T.S.I.P. 1,520,810 - - 150,350 568,990 1,102,170 291 Santiago Hills Landscape District 920,480 - - 904,415 931,892 893,003 293 Sycamore Crossing Landscape District 98,522 - - 48,237 47,739 99,020 294 Del Rio Landscape Maint. District 266,772 - - 90,308 106,014 251,066 310 C.D.B.G. 231,300 - - 1,119,937 1,316,306 34,931
312 SB2 (1,435,695) - - - - (1,435,695)
315 C.D.B.G. - Deferred Loan/Housing Rehab 341,034 - - 1,436 - 342,470 316 Federal Rental Rehabilitation 153,472 - - 591 - 154,063 317 H.O.M.E. Grant - - - 492,223 486,812 5,411
320 California Parklands 130,070 - - 501 - 130,571
350 Traffic Safety Grant 522,623 - - 141,883 22,400 642,106 353 Federal Police Grants (3,891) - - - - (3,891)
354 A.B. 3229 - COPS/State 776,937 - - 332,497 222,280 887,154 355-7 Asset Seizure-Federal 2,483,873 - - 65,201 219,580 2,329,494 358-9 RNSP 142,975 - - 10,688 65,000 88,663
360 Asset Seizure-Treasury 58,624 - - 303 20,000 38,927 916 Affordable Housing 372,756 - - 12,289 4 385,041
921 Low & Moderate Income Housing 1,328,641 - - 85,341 130,077 1,283,905 TOTAL SPECIAL REVENUE FUNDS 400,000 16,632,562 - 24,520,873 29,005,247 12,548,188 400 CITY DEBT SERVICE FUND - - - 16,755,374 16,755,374 -
CAPITAL PROJECT FUNDS
500 Capital Projects 7,958,281 7,000,000 - 2,004 7,037,998 7,922,287 510 Park Acquistion 3,417,739 - - 847,929 2,484,060 1,781,608 511 Park Acquistion - Quimby 175,871 - - 1,452 175,219 2,104 512 El Modena Park 112,601 - - 91,845 - 204,446
520 Sewer Construction 1,904,782 - - 2,191,442 2,200,000 1,896,224 530 Drainage District 4,171 - - 16 - 4,187
540 Old Towne Parking Facility 36,811 - - 5,161 12,049 29,923 550 Reimbursable Capital Projects - - - 4,555,985 4,555,985 - 551 County Park Grants 27,460 - - - - 27,460
553 Capital Bond Proceeds 3,250,820 - 605,000 2,645,820 555 Parking in Lieu 105,272 - - 406 - 105,678
560 Fire Facilities Fees 532,718 - - 95,022 535,000 92,740 570 Police Facilities Fees 351,484 - - 31,671 20,000 363,155 573 Library Facility Fees (34,593) - - 75,000 - 40,407
951 City Trf: Tustin Project Taxable 1,532 - - 4,836 1,532 4,836 952 City Trf: NW & SW 2003 Taxable 148,879 - - 6,920 145,000 10,799 953 City Trf: NW & SW 2003 Exempt 3,837 - - 1,906 3,837 1,906 954 City Trf: Merged 2008 Exempt 9,548 - - 12,238 9,548 12,238 2 1022
FY 23
SCHEDULE OF CHANGES IN FUND BALANCE
Est. Available Estimated
Fund Fund Balance Transfers Transfers Estimated Estimated Fund Balance No. Funds 7/1/2022 In Out Revenues Expenditures 6/30/2023 TOTAL CAPITAL PROJECT FUNDS 7,000,000 18,007,213 - 7,923,833 17,785,228 15,145,818
ENTERPRISE FUNDS -
600 Water Utility Operations 2,863,132 - - 42,248,459 42,745,402 2,366,189 TOTAL ENTERPRISE FUNDS - 2,863,132 - 42,248,459 42,745,402 2,366,189
INTERNAL SERVICE FUNDS
710 Equipment Expense 255,357 - - 3,160,352 3,317,803 97,906 720 Equipment Replacement 4,474,261 5,750,000 - 432,076 3,772,755 6,883,582 725 Major Building Improvements 65,179 - - - - 65,179
730 Self Insurance Worker's Compensation 4,205,696 - 250,000 4,204,140 4,062,755 4,097,081 740 Self Insurance Liability 266,932 910,000 - 3,395,843 3,707,806 864,969 752 Self Insurance Dental 503,127 - - 448,728 415,005 536,850 760 Employee Accrued Liability 8,020,084 - - 1,590,278 3,130,716 6,479,646 780 Information Systems Operations 560,103 - - 3,207,362 3,723,105 44,360 790 Computer Replacement 1,351,153 7,750,000 - 392,401 2,860,000 6,633,554 TOTAL INTERNAL SERVICE FUNDS 14,410,000 19,701,892 250,000 16,831,180 24,989,945 25,703,127
REDEVELOPMENT FUNDS
920 Obligation Retirement Fund 2,694,252 - 5,526,033 5,526,033 - 2,694,252 940 O.R.A. Merged Projects 3,904,189 57,200 135,532 31,651 76,159 3,781,349 987 O.R.A. Merged Debt Service 600,440 5,604,365 - 16,337 5,496,866 724,276 TOTAL REDEVELOPMENT FUNDS 5,661,565 7,198,881 5,661,565 5,574,021 5,573,025 7,199,877 GRAND TOTAL ALL FUNDS 87,872,236 27,471,565 28,565,503 244,586,447 267,177,857 64,186,889 3 1023
4 1024
5 1025
6 1026
++++++++ FY 23 Budget
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
General Fund - 100
Taxes 78,139,120 86,669,841 93,316,461 90,460,350
Franchises 2,557,949 2,541,744 2,584,518 2,641,702
Licenses & Permits 5,710,263 5,479,863 5,720,007 6,163,360 Fines & Forfeitures 1,772,867 1,485,230 1,852,400 2,130,000 Use of Money & Property 2,048,921 785,281 1,268,316 1,609,544 Revenue from Other Agencies 17,342,097 17,759,816 31,627,105 17,939,540 Fees for Services 5,658,338 5,269,038 5,200,000 5,306,479 Miscellaneous Revenues 1,824,151 3,565,855 3,507,644 950,000 Interfund Revenue 2,454,441 2,586,559 2,495,450 3,531,732 TOTAL 117,508,147 126,143,227 147,571,901 130,732,707
American Rescue Plan Funds - 101
Revenue from Other Agencies - 14,009,094 14,009,094 -
TOTAL - 14,009,094 14,009,094 -
Building Records and Planning Documents Fund - 110
Use of Money & Property 14,952 5,428 3,391 3,422
Fees for Services 150,555 120,394 154,766 75,000
Miscellaneous Revenues 85,927 53,121 144,430 75,000
TOTAL 251,434 178,943 302,587 153,422
Business Investment Fund - 115
Use of Money & Property 20,946 16,558 17,665 6,652
TOTAL 20,946 16,558 17,665 6,652
Proposition 172 Fund - 120
Taxes 915,121 1,056,635 1,045,440 872,200
Use of Money & Property 5,569 1,701 645 651
TOTAL 920,690 1,058,336 1,046,085 872,851
Emergency Transport Program Fund - 125
Use of Money & Property 3,779 - 416 420
Revenue from Other Agencies (29,764) (6,027) 115,000 115,000 Fees for Services 2,569,259 2,200,445 2,400,000 2,760,000 Miscellaneous Revenues 962 753 445 -
TOTAL 2,544,236 2,195,171 2,515,861 2,875,420
SCHEDULE OF REVENUE SOURCES - DETAIL
7 1027
++++++++ FY 23 Budget
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
SCHEDULE OF REVENUE SOURCES - DETAIL
1% PEG Fund - 130
Franchises 262,029 249,426 244,790 251,900
Use of Money & Property 2,619 1,366 899 907
TOTAL 264,648 250,792 245,689 252,807
CAPs Certification & Training Fund - 140
Licenses & Permits 69,748 70,374 65,000 65,000
Use of Money & Property 3,225 1,564 1,146 1,157
TOTAL 72,973 71,938 66,146 66,157
OCPT Building Maintenance Fund - 150
Use of Money & Property 16,131 15,394 15,576 15,581
TOTAL 16,131 15,394 15,576 15,581
Sanitation and Sewer Fund - 220
Fines & Forfeitures 37,740 (2) - -
Use of Money & Property 71,418 29,913 20,843 21,038
Revenue from Other Agencies 34,871 37,779 99,333 -
Fees for Services 5,536,776 5,734,974 5,732,760 5,732,760 Miscellaneous Revenues 75,455 73,006 110,433 85,536
TOTAL 5,756,260 5,875,669 5,963,369 5,839,334
Air Pollution Reduction Fund - 245
Use of Money & Property 2,085 808 473 478
Revenue from Other Agencies 282,977 187,394 171,298 182,000 TOTAL 285,062 188,202 171,771 182,478
Traffic Improvement - Measure M2 Fund - 263
Taxes 2,978,039 3,017,313 3,278,843 3,458,084
Use of Money & Property 70,965 39,120 28,039 37,189
Revenue from Other Agencies 137,073 136,747 - 159,121
Fees for Services 155,602 14,860 20,790 -
TOTAL 3,341,679 3,208,041 3,327,672 3,654,394
Gas Tax Maintenance Fund - 270
Use of Money & Property 14 3 112 4,687
Revenue from Other Agencies 2,821,556 2,806,548 3,318,784 4,000,567 Fees for Services 479 3,177 4,001 -
Miscellaneous Revenues (6,978) (7,294) 3,000 -
TOTAL 2,815,071 2,802,435 3,325,897 4,005,254
8 1028
++++++++ FY 23 Budget
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
SCHEDULE OF REVENUE SOURCES - DETAIL
Gas Tax Construction Fund - 271
Use of Money & Property 2,520 557 76 -
Revenue from Other Agencies 66,708 66,708 66,698 -
Fees for Services 356 - 162 -
TOTAL 69,584 67,265 66,936 -
Gas Tax - Proposition 111 Fund - 272
Use of Money & Property 70,008 12,273 4,455 -
Revenue from Other Agencies 344,842 196,403 204,245 -
Fees for Services 546 598 - -
TOTAL 415,396 209,274 208,700 -
Road Maintenance Rehabilitation Account Fund - 274
Use of Money & Property 32,390 15,212 9,028 9,112
Revenue from Other Agencies 2,454,070 2,596,601 2,845,193 3,131,211 TOTAL 2,486,460 2,611,813 2,854,221 3,140,323
TSIP Area "B" Fund - 284
Use of Money & Property 80,105 - - -
Fees for Services 113,792 - - -
Miscellaneous Revenues 1,372 - - -
TOTAL 195,269 - - -
TSIP Area "C" Fund - 285
Use of Money & Property 3,204 - - -
Fees for Services 11,256 - - -
TOTAL 14,460 - - -
TSIP Fund - 286
Use of Money & Property 10,904 - - -
Fees for Services 228,218 - - -
TOTAL 239,122 - - -
9 1029
++++++++ FY 23 Budget
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
SCHEDULE OF REVENUE SOURCES - DETAIL
TSIP Citywide Fund - 287
Use of Money & Property - 32,319 21,832 73,083
Fees for Services - 235,998 1,220,902 77,267
Miscellaneous Revenues - 111,700 - -
TOTAL - 380,017 1,242,734 150,350
Santiago Hills Lndscpe Maint District Fund - 291
Taxes 875,151 872,763 682,716 875,009
Use of Money & Property 17,061 7,286 4,081 4,119
Interfund Revenue 23,361 30,466 50,574 25,287
TOTAL 915,573 910,515 737,371 904,415
Sycamore Crossing Lndscpe Maint District Fund - 293
Taxes 48,129 47,262 47,877 47,877
Use of Money & Property 1,392 587 357 360
TOTAL 49,521 47,848 48,234 48,237
Del Rio Landscape Maintenance District Fund - 294
Taxes 87,286 88,477 89,250 89,250
Use of Money & Property 5,355 2,086 1,048 1,058
TOTAL 92,641 90,563 90,298 90,308
Community Development Block Grant Fund - 310
Revenue from Other Agencies 1,601,322 2,095,300 1,163,162 1,119,937 TOTAL 1,601,322 2,095,300 1,163,162 1,119,937
SB2 - Building Homes & Jobs Act Fund - 312
Revenue from Other Agencies 1,601,322 717,931 118,004 - TOTAL 1,601,322 717,931 118,004 -
CDBG - Housing Rehab/Loans Fund - 315
Use of Money & Property - - 1,423 1,436
TOTAL - - 1,423 1,436
Federal Rental Rehabilitation Fund - 316
Use of Money & Property 2,586 980 586 591
TOTAL 2,586 980 586 591
10 1030
++++++++ FY 23 Budget
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
SCHEDULE OF REVENUE SOURCES - DETAIL
HOME Fund - 317
Use of Money & Property 15,906 112,366 5,392 5,411
Revenue from Other Agencies 36,031 37,390 457,125 486,812 TOTAL 51,937 149,756 462,517 492,223
California Parklands - 320
Use of Money & Property 2,192 830 497 501
TOTAL 2,192 830 497 501
Traffic Safety Grant - 350
Use of Money & Property 5,953 2,616 1,866 1,883
Fees for Services 51,375 85,801 122,000 140,000
TOTAL 57,328 88,417 123,866 141,883
Federal Police Grants - 353
Revenue from Other Agencies - 23,061 30,388 -
TOTAL - 23,061 30,388 -
AB 3229 COPS/State Grant Fund - 354
Use of Money & Property 12,482 4,415 2,474 2,497
Revenue from Other Agencies 335,567 334,593 330,000 330,000 TOTAL 348,049 339,008 332,474 332,497
Asset Seizure - Federal Fund - 355
Use of Money & Property 48,221 17,079 9,385 9,473
Miscellaneous Revenues 693,268 47,460 25,000 25,000
TOTAL 741,489 64,539 34,385 34,473
Asset Seizure - State (85%) Fund - 356
Use of Money & Property 1,398 337 934 943
Miscellaneous Revenues 32,581 - 25,000 25,000
TOTAL 33,979 337 25,934 25,943
11 1031
++++++++ FY 23 Budget
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
SCHEDULE OF REVENUE SOURCES - DETAIL
Asset Seizure - State (15%) Fund - 357
Use of Money & Property 3,336 1,300 778 785
Miscellaneous Revenues 5,750 - 4,000 4,000
TOTAL 9,086 1,300 4,778 4,785
RNSP Federal Fund - 358
Use of Money & Property 2,592 1,241 682 688
Miscellaneous Revenues 101,222 45,133 10,000 10,000
TOTAL 103,814 46,373 10,682 10,688
RNSP Treasury Fund - 359
Use of Money & Property 9 30 - -
Miscellaneous Revenues - 1,506 - -
TOTAL 9 1,536 - -
Affordable Housing - New Construction - 916
Use of Money & Property 15,979 67,888 12,276 12,289
TOTAL 15,979 67,888 12,276 12,289
Low and Moderate Income Housing Fund - 921
Use of Money & Property 135,380 479,925 85,248 85,341
Miscellaneous Revenues - 210,874 - -
TOTAL 135,380 690,799 85,248 85,341
Capital Projects - 500
Use of Money & Property 11,510 8,363 5,194 2,004
Miscellaneous Revenues - 9,600 - -
TOTAL 11,510 17,963 5,194 2,004
Park Acquisition and Development Fund - 510
Licenses & Permits 6,326,927 576,449 1,403,320 796,345
Use of Money & Property 152,606 60,215 31,777 19,510
Fees for Services 123 14,120 34,381 32,074
TOTAL 6,479,656 650,784 1,469,478 847,929
12 1032
++++++++ FY 23 Budget
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
SCHEDULE OF REVENUE SOURCES - DETAIL
Park Acquisition and Development (Quimby) Fund - 511
Licenses & Permits 103,922 - - -
Use of Money & Property 6,492 2,406 1,438 1,452
Fees for Services - (218) - -
TOTAL 110,414 2,189 1,438 1,452
El Modena Park Facilities Fund - 512
Use of Money & Property 89,639 88,071 87,511 91,845
TOTAL 89,639 88,071 87,511 91,845
Sewer Construction Fund - 520
Use of Money & Property 66,456 26,218 14,823 14,962
Fees for Services 2,088,370 2,167,093 2,180,990 2,176,480 TOTAL 2,154,826 2,193,311 2,195,813 2,191,442
Storm Drain Fund - 530
Use of Money & Property 70 27 16 16
TOTAL 70 27 16 16
Old Towne Parking Facility Fund - 540
Licenses & Permits 6,300 3,660 5,000 5,000
Use of Money & Property 4,306 320 16 161
TOTAL 10,606 3,980 5,016 5,161
Reimbursable Capital Projects Fund - 550
Revenue from Other Agencies 2,403,403 7,031,934 5,678,311 4,555,985 Miscellaneous Revenues 104,071 7,035 9,228 -
TOTAL 2,507,474 7,038,969 5,687,539 4,555,985
City Infrastructure Bond - 553
Use of Money & Property - 9,928 5,086 -
TOTAL - 9,928 5,086 -
Parking in Lieu Fund - 555
Use of Money & Property 1,774 672 402 406
TOTAL 1,774 672 402 406
13 1033
++++++++ FY 23 Budget
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
SCHEDULE OF REVENUE SOURCES - DETAIL
Fire Facility Fees Fund - 560
Use of Money & Property 56,662 14,140 5,918 5,973
Fees for Services 276,500 78,350 566,824 89,049
TOTAL 333,162 92,490 572,742 95,022
Police Facility Fees Fund - 570
Use of Money & Property 10,360 3,700 2,185 2,206
Fees for Services 191,701 33,731 177,232 29,465
TOTAL 202,061 37,430 179,417 31,671
Library Facility Fees - 573
Use of Money & Property 14,580 5,650 3,418 3,450
Fees for Services 438,714 48,896 151,211 71,550
TOTAL 453,294 54,545 154,629 75,000
ORA Housing Set-Aside Fund - 951
Use of Money & Property 21,179 8,013 4,791 4,836
TOTAL 21,179 8,013 4,791 4,836
NW & SW Merged 2003 Taxable Bonds - 952
Use of Money & Property 30,266 11,466 6,856 6,920
TOTAL 30,266 11,466 6,856 6,920
NW & SW Merged 2003 Tax Exempt Bonds - 953
Use of Money & Property 18,582 2,959 2,879 1,906
TOTAL 18,582 2,959 2,879 1,906
NW & SW Merged 2008 Tax Exempt Bonds - 954
Use of Money & Property 87,952 20,868 12,124 12,238
TOTAL 87,952 20,868 12,124 12,238
14 1034
++++++++ FY 23 Budget
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
SCHEDULE OF REVENUE SOURCES - DETAIL
Water Utility Operations Fund - 600
Licenses & Permits 525 1,177 1,090 1,090
Fines & Forfeitures - - -
Use of Money & Property 349,621 152,421 129,578 129,096 Fees for Services 35,335,506 38,752,737 39,847,630 42,017,555 Miscellaneous Revenues 48,092 145,790 120,718 100,718
TOTAL 35,733,744 39,052,124 40,099,016 42,248,459
Equipment Expense Fund - 710
Miscellaneous Revenues 11,477 6,773 120,000 120,000
Interfund Revenue 2,701,881 2,350,257 1,948,609 3,040,352 TOTAL 2,713,358 2,357,030 2,068,609 3,160,352
Equipment Replacement Fund - 720
Revenue from Other Agencies 95,000 10,120 - -
Miscellaneous Revenues 614,828 312,708 139,806 -
Interfund Revenue 474,999 409,808 505,486 432,076
TOTAL 1,184,827 732,636 645,292 432,076
Self Insurance - Worker's Compensation - 730
Miscellaneous Revenues 297,287 249,887 - -
Interfund Revenue 2,706,916 3,746,164 4,080,373 4,204,140 TOTAL 3,004,203 3,996,052 4,080,373 4,204,140
Self Insurance - Liability - 740
Miscellaneous Revenues 106,713 (47,597) (54,000) (54,000) Interfund Revenue 1,915,719 1,509,429 2,136,331 3,449,843 TOTAL 2,022,432 1,461,833 2,082,331 3,395,843
Self Insurance - Dental - 752
Interfund Revenue 430,534 489,714 501,582 448,728
TOTAL 430,534 489,714 501,582 448,728
Employee Accrued Liability - 760
Miscellaneous Revenues - 45,654 - -
Interfund Revenue 1,639,902 1,713,662 1,520,596 1,590,278 TOTAL 1,639,902 1,759,316 1,520,596 1,590,278
15 1035
++++++++ FY 23 Budget
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
SCHEDULE OF REVENUE SOURCES - DETAIL
Information Systems Operations Fund - 780
Interfund Revenue 2,237,273 2,284,699 3,444,912 3,207,362 TOTAL 2,237,273 2,284,699 3,444,912 3,207,362
Computer Replacement Fund - 790
Interfund Revenue 127,375 89,794 75,811 392,401
TOTAL 127,375 89,794 75,811 392,401
Redevelopment Obligation Retirement Fund - 920
Revenue from Other Agencies 5,548,286 5,146,965 5,519,933 5,526,033 TOTAL 5,548,286 5,146,965 5,519,933 5,526,033
ORA Merged Projects - 940
Use of Money & Property 97,752 46,518 33,554 31,651
TOTAL 97,752 46,518 33,554 31,651
ORA Merged Debt Service - 987
Use of Money & Property 35,075 17,605 16,185 16,337
TOTAL 35,075 17,605 16,185 16,337
16 1036
17 1037
FY 23
HISTORICAL SCHEDULE OF EXPENDITURES
BY FUND TYPE AND CATEGORY
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
GENERAL FUND
Salaries and Benefits 98,184,133 88,159,474 62,707,122 92,168,212 Contractual Services 11,541,384 10,880,860 11,824,791 13,126,966 Miscellaneous Expenditures 119,489 312,476 257,028 427,700 Materials and Supplies 1,920,755 2,116,756 2,126,762 1,057,572 Debt Service 291,006 261,527,342 1,378,790 1,715,400
Capital Outlay 88,081 83,527 96,878 260,992
Internal Service Costs 4,628,427 4,230,553 20,144,816 21,566,795 Total General Fund 116,773,275 367,310,988 98,536,186.9 130,323,637
SPECIAL REVENUE FUNDS
Salaries and Benefits 8,282,046 22,145,848 32,052,794 7,683,210 Contractual Services 3,008,696 3,105,158 3,245,670 3,530,724 Miscellaneous Expenditures 6,356,037 5,442,618 6,481,399 200,000 Materials and Supplies 627,129 748,220 713,120 1,159,464 Debt Service 3,172,857 5,062,361 6,007,195 368,570
Capital Outlay (1,427,638) (1,668,082) 427,105 368,400
Capital Improvements 7,698,747 6,890,706 5,631,063 11,601,453 Internal Service Costs 2,635,542 2,355,754 2,843,139 4,093,427 Total Special Revenue Funds 30,353,415 44,082,582 57,401,484 29,005,249
CITY DEBT SERVICE FUND
City Debt Service - 947,783 5,333,011 16,755,374
Total City Debt Service Fund - 947,783 5,333,011 16,755,374
CAPITAL PROJECTS FUNDS
Salaries and Benefits 369,829 573,365 469,343 -
Contractual Services 181,958 75,647 160,301 32,049
Miscellaneous Expenditures 285,354 283,227 211,485 300,000 Materials and Supplies - - - -
Debt Service - 300,030 - -
Capital Outlay 625,000 3,315,843 1,711,180 -
Capital Improvements 9,467,618 15,218,287 23,666,534 17,453,179 Internal Service Costs 157 146 - -
Total Capital Projects Funds 10,929,915 19,766,545 26,218,843 17,785,228 18 1038
FY 23
HISTORICAL SCHEDULE OF EXPENDITURES
BY FUND TYPE AND CATEGORY
Actual Actual Estimate Budget
2019/20 2020/21 2021/22 2022/23
ENTERPRISE FUNDS
Salaries and Benefits 6,570,934 6,677,476 5,777,330 6,524,894 Contractual Services 3,067,472 3,686,917 3,477,568 3,977,341 Miscellaneous Expenditures 5,623 42,699 11,465 -
Materials and Supplies 18,920,368 19,620,814 22,582,470 25,320,757 Debt Service 3,154,598 2,690,545 (11,204,405) 860,000
Capital Outlay (1,403,006) (2,570,119) (2,965,982) 1,250,000 Capital Improvements 2,691,343 3,885,384 4,733,783 1,875,000 Internal Service Costs 2,002,742 1,949,482 1,941,058 2,937,410 Total Enterprise Funds 35,010,073 35,983,196 24,353,287 42,745,402
INTERNAL SERVICE FUNDS
Salaries and Benefits 4,407,083 5,492,944 4,214,898 6,462,698 Contractual Services 930,761 1,473,263 1,461,401 1,570,917 Miscellaneous Expenditures 5,685,366 7,189,631 8,653,806 6,622,318 Materials and Supplies 2,146,165 2,247,858 2,167,885 2,684,388 Debt Service 2,001,252 1,902,071 2,326,857 245,716
Capital Outlay 30,324 (85,558) 701,716 3,823,094
Capital Improvements 1,268,953 998,742 974,240 2,860,000 Internal Service Costs 602,701 623,858 762,597 720,813
Total Internal Service Funds 17,072,605 19,842,809 21,263,400 24,989,944
REDEVELOPMENT (SUCCESSOR) FUNDS
Salaries and Benefits - - - 36,700
Contractual Services 8,798 13,035 7,949 15,750
Miscellaneous Expenditures 71,666 4,044 4,044 7,300
Materials and Supplies - - - -
Debt Service and Pass Through Agreements 1,379,345 1,185,420 815,831 5,496,866 Capital Outlay - - - -
Capital Improvements - - - -
Internal Service Costs 46,120 70,753 31,701 16,409
Total Redevelopment Funds 1,505,929 1,273,252 859,524 5,573,025 GRAND TOTAL 211,645,212 489,207,157 233,965,736 267,177,858 19 1039
20 1040
FY 23 Budget
CITY COUNCIL
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Maintenance & Operations 8,832 6,696 7,570 14,652
Total Department 8,832 6,696 7,570 14,652
DEPARTMENT PROGRAMS:
0101 City Council 8,832 6,696 7,570 14,652
Total Department 8,832 6,696 7,570 14,652
DEPARTMENT FUNDING SOURCES:
100 General Fund 8,832 6,696 7,570 14,652
Total Funding 8,832 6,696 7,570 14,652
21 1041
FY 23 Budget
CITY MANAGER DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 1,288,332 1,351,655 1,121,847 1,415,421 Maintenance & Operations 663,257 365,207 533,478 464,092 Capital Outlay 637,047 3,315,843 26,135 -
Total Operating Budget 2,588,637 5,032,705 1,681,460 1,879,513 Capital Improvements* 2,342,955 1,004,616 61,337 159,917 Debt Service 1,390,856 1,193,783 824,194 5,496,866
Total Department* 6,322,448 7,231,105 2,566,991 7,536,295 DEPARTMENT PROGRAMS:
0201 City Manager 2,172,208 1,716,714 1,715,929 1,446,414 0211 Internal Audit Function 582 31,598 24,310 116,607
0218 Economic Development 639,319 3,329,124 33,390 15,000 9810 Administration & Project Devel.* 2,172,369 1,004,773 14,056 461,409 9890 Debt Service and Pass Throughs 1,337,970 1,148,895 779,306 5,496,866 Total Department* 6,322,448 7,231,105 2,566,991 7,536,295 * As a result of the elimination of the Orange RDA, the Economic Development Department has been disolved and portions of that activity have been realigned to the City Manager's office. As such, this financial summary reflects past fiscal activity for the Economic Development Department, which includes Redevelopment revenues/appropriations.
22 1042
FY 23 Budget
CITY MANAGER
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT FUNDING SOURCES: 2019-20 2020-21 2021-22 2022-23 100 General Fund 1,338,590 1,394,303 1,368,022 1,749,098 120 Proposition 120 35,789 28,753 27,180 24,508
312 Payments to Other Agencies 775,222 551,773 551,773 - 550 Reimbursable Capital Projects* 742,822 3,315,843 20,000 - 780 Information Systems 1,338 10,060 8,347 18,365
916 Affordable Housing (69,113) (38,593) (40,953) 4
921 Loan Receivables (247,120) (320,292) (325,500) 48,079 940 Orange Merged Capital Projects 124,146 87,832 43,693 39,459 951 City Trf: Tustin Project - Taxable Bonds 3,356 - - 1,532 952 City Trf: NW&SW Merged 2003 Taxable Bonds - - 89,800.38 145,000 953 City Trf: NW&SW Merged 2003 Tax Exempt 59,789 285,914 8,115 3,837 954 City Trf: Merged 2008 Tax Exempt Bonds 2,178,284 730,092 682 9,548 987 Orange Merged Debt Service 1,379,345 1,185,420 815,831 5,496,866 Total Funding* 6,322,448 7,231,105 2,566,991 7,536,295
* As a result of the elimination of the Orange RDA, the Economic Development Department has been disolved and portions of that activity have been realigned to the City Manager's office. As such, this financial summary reflects past fiscal activity for the Economic Development Department, which includes Redevelopment revenues/appropriations.
23 1043
FY 23 Budget
CITY ATTORNEY DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 1,904,455 1,854,824 1,478,189 2,028,296 Maintenance & Operations 6,044,883 7,533,032 8,808,429 7,062,308 Capital Outlay 21,425 6,654 14,513 34,339
Total Department 7,970,764 9,394,510 10,301,132 9,124,943 DEPARTMENT PROGRAMS:
0301 Legal Services 1,732,392 1,782,675 1,488,701 1,963,288 0312 Risk Management 6,238,372 7,611,835 8,812,431 7,161,654 Total Department 7,970,764 9,394,510 10,301,132 9,124,943 DEPARTMENT FUNDING SOURCES:
100 General Fund 1,243,714 923,733 986,674 1,374,171
730 Self Insurance Workers' Comp. 4,442,485 5,919,075 6,178,224 4,057,059 740 Self-Insurance Liability 2,284,459 2,551,702 3,136,234 3,693,713 940 Orange Merged Capital Projects 107 - - -
Total Funding 7,970,764 9,394,510 10,301,132 9,124,943
24 1044
FY 23 Budget
CITY CLERK DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 524,366 537,818 502,028 534,805
Maintenance & Operations 105,079 133,357 109,286 300,359 Capital Outlay 2,855 674 879 -
Total Department 632,301 671,848 612,193 835,164
DEPARTMENT PROGRAMS:
0401 City Clerk 632,301 671,848 612,193 835,164
Total Department 632,301 671,848 612,193 835,164
DEPARTMENT FUNDING SOURCES:
100 General Fund 632,301 671,848 612,193 835,164
Total Funding 632,301 671,848 612,193 835,164
25 1045
FY 23 Budget
*CITY TREASURER DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 77,095 77,504 14,138 4,380
Maintenance & Operations 468 - - -
Total Department 77,563 77,504 14,138 4,380
DEPARTMENT PROGRAMS:
0501 City Treasurer 77,563 77,504 14,138 4,380
Total Department 77,563 77,504 14,138 4,380
DEPARTMENT FUNDING SOURCES:
100 General Fund 77,563 77,504 14,138 4,380
Total Funding 77,563 77,504 14,138 4,380
26 1046
FY 23 Budget
FINANCE DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 3,921,771 4,147,605 3,533,708 3,936,447 Maintenance & Operations 621,637 631,482 908,337 1,268,025 Capital Outlay 2,862 4,475 0 2,000
Total Operating Budget 4,546,270 4,783,562 4,442,045 5,206,471 Capital Improvements 22,138 19,006 14,595 -
Debt Service - 455,283 183,927
Total Department 4,568,408 5,257,851 4,640,567 5,206,471 DEPARTMENT PROGRAMS:
1201 Administration 556,736 1,034,549 1,009,263 1,111,558 1205 Purchasing and Warehouse 604,185 595,900 593,371 696,750 1221 General Revenue 595,590 592,099 487,537 746,409
1222 Utility Billing 1,313,827 1,286,394 1,041,625 1,194,832 1231 General Accounting 1,498,071 1,748,908 1,508,771 1,456,922 Total Department 4,568,408 5,257,851 4,640,567 5,206,471 DEPARTMENT FUNDING SOURCES:
100 General Fund 3,120,558 3,274,559 3,175,901 3,666,863 220 Sanitation Fund 11,069 9,503 7,298 -
553 Capital Bond Proceeds - 845.00 - -
600 Water Utility Operations 1,302,758 1,276,892 1,034,328 1,194,832 780 Information Technology 104,809 191,223 192,648 281,094 877 Community Facilities District 91-2 - 244,152 194,578.92 878 Community Facilities Distrcit 06-1 Del Rio - 232,095 10,312.41 921 Loan Receivables 26,883 28,583 25,502 26,983
940 Orange Merged Capital Projects 2,331 - - 36,700
Total Funding 4,568,408 5,257,851 4,640,567 5,206,471
27 1047
FY 23 Budget
HUMAN RESOURCES DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 1,349,705 1,442,725 1,269,967 1,452,901 Maintenance & Operations 778,188 831,146 969,162 1,054,658 Total Operating Budget 2,127,892 2,273,871 2,239,129 2,507,559 DEPARTMENT PROGRAMS:
1401 Personnel Administration 2,125,243 2,271,434 2,236,508 2,501,891 1411 Risk Management 2,649 2,437 2,621 5,274
1412 Liability & Workers' Compensation - - - 394
Total Department 2,127,892 2,273,871 2,239,129 2,507,559 DEPARTMENT FUNDING SOURCES:
100 General Fund 1,493,211 1,591,600 1,603,207 1,879,018 245 Air Pollution Reduction 105,519 111,112 98,938 133,746 730 Self Insurance Workers' Comp. 8,040 2,437 2,621 5,696 740 Self Insurance Liability - 4,337.00 4,116 14,093
752 Self Insurance Dental 401,508 482,959 503,716 415,005 760 Employee Accrued Liability 119,614 81,426 26,531 60,000 Total Funding 2,127,892 2,273,871 2,239,129 2,507,559
28 1048
FY 23 Budget
INFORMATION TECHNOLOGY DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 1,116,984 1,173,575 904,776 1,186,216 Maintenance & Operations 1,563,798 1,763,504 1,893,423 2,237,430 Total Operating Budget 2,680,782 2,937,079 2,798,198 3,423,646 Capital Improvements 783,702 558,257 1,093,593 2,195,000 Total Department 3,464,484 3,495,336 3,891,792 5,618,646 DEPARTMENT PROGRAMS:
1601 Information Management Systems 3,464,484 3,495,336 3,891,792 5,618,646 Total Department 3,464,484 3,495,336 3,891,792 5,618,646 DEPARTMENT FUNDING SOURCES:
130 PEG Program 20,687 250 (800) -
220 Sanitation & Sewer 10,985 5,899 320 -
500 Capital Projects Fund 16,985 31,535 355 -
553 Capital Bond Proceeds - 61,338.44 469,283 605,000
600 Water Utility Operations 11,045 5,932 321 -
780 Information Systems 2,624,121 2,916,545 2,745,389 3,423,646 790 Computer Replacement 780,661 473,837 676,924 1,590,000 Total Funding 3,464,484 3,495,336 3,891,792 5,618,646
29 1049
FY 23 Budget
LIBRARY SERVICES DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 3,615,464 3,671,814 3,384,961 3,754,586 Maintenance & Operations 1,341,154 1,312,499 2,219,388 2,072,409 Capital Outlay 28,032 10,216 57,434 20,500
Total Operating Budget 4,984,651 4,994,530 5,661,783 5,847,496 Capital Improvements 119,878 42,696 20,612 -
Total Department 5,104,528 5,037,226 5,682,395 5,847,496 DEPARTMENT PROGRAMS:
2001 Library Administration 2,315,317 2,352,250 2,701,111 2,596,559 2004 Technology & Support Services 760,951 612,049 692,834 803,936 2014 Lending Services 678,760 674,588 778,778 869,902
2016 Adult & Young Adult Services 848,129 891,794 895,595 970,447 2017 Children & Branch Services 501,371 506,546 614,076 606,652 Total Department 5,104,528 5,037,226 5,682,395 5,847,496 DEPARTMENT FUNDING SOURCES:
100 General Fund 4,971,060 4,994,309 5,661,783 5,847,496 500 Capital Projects Fund - 9,600.00 - -
573 Library Facitility Fees 133,468 33,317 20,612 -
Total Funding 5,104,528 5,037,226 5,682,395 5,847,496
30 1050
FY 23 Budget
FIRE DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 30,327,098 33,115,807 28,460,681 27,646,967 Maintenance & Operations 4,292,044 4,037,417 8,195,131 9,068,194 Capital Outlay 47,017 47,481 55,268 51,600
Total Operating Budget 34,666,159 37,200,706 36,711,079 36,766,761 Capital Improvements 1,991,894 1,178,254 2,487,032 1,144,000 Debt Service - - 1,118,597 1,715,400
Total Department 36,658,053 38,378,960 40,316,709 39,626,161 DEPARTMENT PROGRAMS:
3001 Office of the Fire Chief 4,748,240 5,160,082 5,977,878 6,794,189 3011 Fire Administration 1,271,218 1,223,522 1,302,438 1,713,138 3012 Fire Prevention 1,820,245 2,004,678 1,913,207 2,688,579 3015 EMT Program 2,920,556 2,743,388 2,023,539 2,874,286 3021 Fire Operations 15,381,525 16,455,242 17,210,336 14,550,938 3022 Paramedics 9,589,841 9,023,330 9,989,491 10,457,323 3023 Fire Training 681,581 710,640 733,484 547,708
3024 Strike Team 244,846 1,058,079 1,166,336 -
Total Department 36,658,053 38,378,960 40,316,709 39,626,161 DEPARTMENT FUNDING SOURCES:
100 General Fund 31,181,077 28,336,265 25,483,533 34,885,891 101 American Rescue Plan (ARP) - 5,513,610 9,736,129 -
120 Proposition 172 129,364 127,154 287,082 357,986
125 Emergency Transport Program 3,301,409 3,165,183 2,450,399 3,293,285 500 Capital Projects Fund 6,706 4,526 349,330 614,000
553 Capital Bond Proceeds - 735,681 881,255 -
560 Fire Facilities Fees 1,167,551 494,515 1,128,981 475,000 790 Computer Replacement 78,810 2,026 - -
954 City Trf: Merged 2008 Tax Exempt Bonds 793,136 - - - Total Funding 36,658,053 38,378,960 40,316,709 39,626,161 31 1051
FY 23 Budget
POLICE DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 46,579,321 47,673,746 40,635,767 45,340,227 Maintenance & Operations 4,078,782 3,862,538 12,229,209 12,634,333 Capital Outlay 371,146 242,797 255,966 303,582
Total Operating Budget 51,029,248 51,779,081 53,120,943 58,278,142 Capital Improvements 885,195 495,154 430,479 770,000
Total Department 51,914,443 52,274,235 53,551,422 59,048,142 DEPARTMENT PROGRAMS:
4001 Office of the Police Chief 10,081,419 10,904,457 10,296,853 12,463,957 4011 Police Administration 5,486,935 4,661,501 5,416,542 6,322,629 4012 Dispatch 2,275,136 2,294,828 2,542,373 2,629,732
4013 Records 1,363,333 1,507,073 1,473,505 1,695,571
4014 Reserves - 5 (35) -
4021 Patrol 19,681,200 19,564,353 20,237,156 21,825,036 4031 Detectives 4,766,209 4,599,648 4,662,737 4,868,485 4032 Gangs 1,559,113 1,599,012 1,576,183 1,690,559
4033 Narcotics 2,125,742 2,070,477 2,166,573 2,406,025
4034 Lab/Property 626,470 599,100 660,685 682,922
4041 Traffic 3,424,864 3,947,954 4,259,952 4,217,777
4081 Homeland Security 524,022 525,827 258,899 245,449
Total Department 51,914,443 52,274,235 53,551,422 59,048,142 DEPARTMENT FUNDING SOURCES:
100 General Fund 49,901,262 42,485,079 36,207,786 56,927,304 101 American Rescue Plan (ARP) - 8,270,377 15,907,654
120 Proposition 172 370,899 477,437 417,280 575,210
245 Air Pollution Reduction 9,087 8,017 7,112 10,000
310 Comm. Development Block Grant - - 21,931.20 196,369 350 Traffic Safety Grant Fund 5,286 5,421 58,184 22,400 353 Federal Police Grants 22,761.00 - 29,435 -
32 1052
FY 23 Budget
POLICE DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT FUNDING SOURCES: 2019-20 2020-21 2021-22 2022-23 354 AB3229-COPS/State 369,508 296,564 185,097 222,280
355 Asset Seizure-Federal 527,877 316,400 227,886 199,580 356 Asset Seizure - State (85%) 17,237 6,616 9,032 20,000 358 RNSP - Federal 43,389 55,275 53,017 65,000
359 RNSP - Treasury - - - -
360 Asset Seizure - Treasury - - 19,900.00 20,000
500 Capital Projects Fund 166,491 - - -
550 Reimbursable Capital Projects - 1,770 127,299 -
570 Police Facility Fees 116,489 55,456 9,689 20,000
790 Computer Replacement Fund 364,158 295,824 270,119.23 770,000 Total Funding 51,914,443 52,274,235 53,551,422 59,048,142 33 1053
FY 23 Budget
PUBLIC WORKS DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 16,440,014 16,643,120 15,396,063 17,385,075 Maintenance & Operations 32,103,632 33,129,229 37,557,196 43,156,139 Capital Outlay (3,209,810) (4,957,617) (524,608) 5,250,665 Total Operating Budget 45,333,837 44,814,731 52,428,651 65,791,879 Capital Improvements 13,150,066 19,939,879 27,339,513 22,932,659 Debt Service 8,554,975 7,573,603 (6,977,491) -
Total Department 67,038,878 72,328,214 72,790,673 88,724,538 DEPARTMENT PROGRAMS:
5001 General Administration and 2,430,955 2,598,170 2,469,317 2,835,338 Support
5011 Engineering 10,374,449 13,425,946 21,792,641 11,133,709 5012 Development 619,004 559,163 876,304 1,100,391
5013 Building & Safety - - 853,205 1,160,254
5021 Street Maintenance 3,074,403 3,124,788 3,376,228 5,428,308 5022 Refuse and Sanitation Services 4,316,108 3,417,135 5,059,787 3,355,090 5023 Fleet Services 5,161,956 4,674,795 7,049,024 7,088,304 5024 Surface Water Quality Fund 925,668 1,011,921 870,598 913,074 5025 Tree Maintenance 1,072,892 903,980 1,011,732 892,529 5028 Facility Maintenance 1,849,671 2,332,422 2,647,252 8,084,900 5031 Transportation Planning 808,562 1,224,514 1,164,900 1,095,898 5032 Traffic Operations 1,593,658 2,131,420 1,703,717 1,910,439 5073 Roadway Maintenance 132,046 123,516 92,488 169,000 5074 Transportation Services 1,257,628 1,381,494 1,388,959 1,546,735 8011 Water Production 26,700,962 30,007,224 17,605,654 35,099,967 8041 Water Distribution 6,613,674 5,181,314 4,646,795 6,910,604 8071 Water Financing 107,243 230,412 182,071 -
Total Programs 67,038,878 72,328,214 72,790,673 88,724,538 34 1054
FY 23 Budget
PUBLIC WORKS DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT FUNDING SOURCES: 2019-20 2020-21 2021-22 2022-23 100 General Fund 7,903,371 7,811,486 9,286,127 10,623,898 110 Building Records Management 28,350 - 15,917.92 32,209 150 O.C.P.T. Building Maintenance 867 455 29 10,485
220 Sanitation & Sewer 6,458,823 5,433,948 7,235,536 7,267,463 245 Air Pollution Reduction 121,716 95,340 38,082 130,000 263 Measure "M2" Traffic Imprvmnt 3,340,887 2,298,299 2,106,882 3,941,769 270 Gas Tax Maintenance Fund 2,542,160 2,691,939 2,746,756 4,409,271 271 Gas Tax Construction Fund 141,564 140,427 160,536 13,685 272 Gas Tax - Proposition 111 996,878 379,111 471,027 26,116 274 Road Maint. & Rehab. Account 1,956,202 2,106,338 1,910,635 3,487,943 284 TSIP Area "B" 654,228 - - -
285 TSIP Area "C" 36,250 - - -
286 Transportation Sys. Improvement 21,523 - - -
287 Citywide TSIP - 886,998.62 877,075 568,990
355 Asset Seizure-Federal 964 - - -
500 Capital Projects Fund 373,383 359,823 786,407 6,123,998 520 Sewer Construction 2,005,431 2,414,494 1,298,876 2,200,000 540 Old Towne Parking Facility 271,877 - - -
550 Reimbursable Capital Projects 1,352,942 3,096,648 1,542,184 2,293,299 553 Capital Bond Proceeds - 5,162,893.49 15,772,558 -
560 Fire Facilities Fees - - 536.00 60,000
573 Library Facilities Fees - 10,132.57 68,005 -
600 Water Utility Operations 33,696,270 34,706,669 22,519,977 40,690,571 710 Equipment Expense 2,864,700 2,817,408 2,837,824 3,072,087 720 Equipment Replacement Fund 1,853,309 1,743,892 2,715,556 3,772,755 725 Major Building Improvements 84,122 155,468 83,478 - 740 Self Insurance Liability - - 44,014 -
953 City Trf: NW& SW 2003 Exempt 38,144 1,446 15,034 -
954 City TRF: Merged 2008 Tax Ex. 294,916 15,000 257,621 - Total Funding 67,038,878 72,328,214 72,790,673 88,724,538 35 1055
FY 23 Budget
COMMUNITY DEVELOPMENT DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 4,543,635 4,448,654 2,605,889 3,325,322 Maintenance & Operations* 695,636 884,585 1,585,893 1,200,270 Capital Outlay 12,187 405,089 85,310 35,000
Total Operating Budget* 5,251,458 5,738,328 4,277,092 4,560,592 Capital Improvements* 923,135 1,214,497 508,471 1,666,091 Total Department* 6,174,593 6,952,825 4,785,563 6,226,683 DEPARTMENT PROGRAMS:
6001 Administration 1,549,616 1,506,613 1,605,360 2,374,974 6011 Advance Planning 309,308 502,738 477,572 565,964
6021 Current Planning 996,170 993,073 835,644 819,845
6031 Building Inspection 675,067 636,555 205,194 (18,399) 6032 Code Enforcement 490,158 469,866 539,218 872,882
6033 Plan Check Administration 262 397 533 604
6034 Permit Services 833,878 750,819 119,078 4,065
9640 CDBG Administration* 210,160 224,673 227,762 223,987 9645 CDBG Public Service Grants/Projects* 1,174,542 1,874,232 805,717 895,950 9660 Federal HOME Program* (64,568) (6,141) (30,516) 486,812 Total Department* 6,174,593 6,952,825 4,785,563 6,226,683 * As a result of the elimination of the Orange RDA, the Economic Development Department has been disolved and portions of that activity have been realigned to the Community Development Department. As such, this financial summary reflects past fiscal activity for the Economic Development Department, which includes Redevelopment revenues/appropriations.
36 1056
FY 23 Budget
COMMUNITY DEVELOPMENT DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT FUNDING SOURCES: 2019-20 2020-21 2021-22 2022-23 100 General Fund 4,617,497 4,374,375 3,280,556 3,849,543 110 Building Records Management 162,880 140,203 112,938 95,829 140 CASp Fund 12,458 1,100 758 1,601
220 Sanitation & Sewer - - 101,461 117,944
310 Comm. Development Block Grant* 1,384,620 2,095,316 1,032,902 1,119,937 312 Payments to Other Agencies - 225,154 134,041 -
317 H O M E Federal Grant Fund* (64,486) (2,552) (29,938) 486,812 550 Reimbursable Capital Projects - 58,327 106,573 -
790 Computer Replacement - - - 500,000
921 Loan Receivables 61,623 60,901 46,272 55,016
Total Funding* 6,174,593 6,952,825 4,785,563 6,226,683
* As a result of the elimination of the Orange RDA, the Economic Development Department has been disolved and portions of that activity have been realigned to the Community Development Department. As such, this financial summary reflects past fiscal activity for the Economic Development Department, which includes Redevelopment revenues/appropriations.
37 1057
FY 23 Budget
COMMUNITY SERVICES DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 4,918,569 4,821,439 4,351,273 5,314,486 Maintenance & Operations 4,857,333 4,804,270 5,735,249 6,667,558 Capital Outlay - - - 4,800
Total Operating Budget 9,775,902 9,625,709 10,086,521 11,986,844 Capital Improvements 907,698 2,540,760 3,049,988 4,921,965 Debt Service 53,227 22,414 22,414.07 -
Total Department 10,736,827 12,188,882 13,158,923 16,908,809 DEPARTMENT PROGRAMS:
7001 Community Services Administration 2,473,929 2,538,879 2,610,607 2,446,399 7003 Public Information 102,222 120,670 171,453 145,000 7011 Leisure Services 1,521,324 1,383,239 1,904,633 2,130,255 7012 Grijalva Gymnasium - - 60.00 -
7014 Athletics 245,775 218,213 326,188 472,673
7015 Special Events 71,961 124,066 174,792 287,368
7021 Park Planning, Acquisition & 962,321 2,065,187 2,611,120 4,921,965 Development
7022 Park Maintenance 4,085,418 4,188,037 4,166,240 4,871,279 7024 Landscape Maintenance Districts 768,626 1,136,723 765,037 1,085,646 7041 Human Services 505,252 413,869 428,793 548,224
Total Programs 10,736,827 12,188,882 13,158,923 16,908,809 38 1058
FY 23 Budget
COMMUNITY SERVICES DEPARTMENT
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT FUNDING SOURCES: 2019-20 2020-21 2021-22 2022-23 100 General Fund 8,895,102 8,609,802 9,174,180 10,567,550 245 Air Pollution Reduction 8 - - -
263 Measure "M2" Traffic Imprvmnt. 150,299 138,266 165,543 321,599 291 Santiago Hills Landscape Maintenance 661,160 958,634 663,982 931,892 District Fund
293 Sycamore Crossing Landscape 37,410 40,988 35,484 47,739 Maintenance District Fund
294 Del Rio Landscape Maint District 70,056 137,101 65,571 106,015 510 Park Acquisition 819,048 2,065,682 2,586,979 2,484,060 511 Park Acquisition & Development 97,146 2,400 - 175,219.00 512 El Modena Park Facility - 473 1,727 -
540 Old Towne Parking Facility 6,598 5,726 5,798 12,049 550 Reimbursable Capital Projects - 229,811.15 459,659 2,262,686 Total Funding 10,736,827 12,188,882 13,158,923 16,908,809 39 1059
FY 23 Budget
NON DEPARTMENTAL
Financial Summary
Actual Actual Estimate Budget
DEPARTMENT BUDGET SUMMARY: 2019-20 2020-21 2021-22 2022-23 Salaries & Benefits 1,207,215 2,088,820 1,562,200 3,347,960 Maintenance & Operations 7,637,983 7,178,806 8,358,705 2,167,672 Total Operating Budget 8,845,198 9,267,626 9,920,904 5,515,632 Debt Service - 264,370,469 9,485,637 18,229,660
Total Department 8,845,198 273,638,095 19,406,542 23,745,292 DEPARTMENT PROGRAMS:
0000 Non Departmental 8,845,198 273,638,095 19,406,542 23,745,292 Total Department 8,845,198 273,638,095 19,406,542 23,745,292 DEPARTMENT FUNDING SOURCES:
100 General Fund 1,389,137 262,759,430 1,674,518 1,895,982 115 Business Investment Fund 5,921,202 5,117,624 6,191,530 - 125 EMT Transport Fund - (2,099) (2,099) -
130 PEG Program 189,035 193,542 277,800 248,935
220 Sanitation & Sewer - (3,148) 331,269.67 368,570
270 Gas Tax Maintenance - (2,099) (12,838.87) -
400 City Debt Service - 947,783 5,333,011 16,755,374
500 Capital Projects 285,354 283,227 211,485 300,000
553 Capital Bond Proceeds - 300,030 - -
600 Water Utility Operations - (6,296) 798,661 860,000
710 Equipment Expense - (1,049) 224,841 245,716
760 Employee Accrued Liability 1,060,471 2,195,642 1,612,818 3,070,716 877 Community Facilities District 91-2 - 961,400 1,428,400 - 878 Community Facilities Distrcit 06-1 Del Rio - 894,106 1,337,672 - 921 Low & Moderate Income Housing Asset - - (528) -
Total Funding 8,845,198 273,638,095 19,406,542 23,745,292 40 1060
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Departments:
* City Council 5.000 7.000 7.000
City Manager 5.625 6.625 6.625
City Attorney 7.000 7.000 8.000
* City Clerk 5.000 5.000 5.000
* Treasurer 1.000 1.000 1.000
Finance 31.750 32.500 32.500
Human Resources 9.000 9.000 10.000
Information Technology 8.000 8.000 8.000
Library 40.450 40.950 40.950
Fire 126.750 127.750 141.789
Police 259.918 262.968 270.639
Public Works 132.400 130.950 144.950
Community Development 32.975 33.500 24.000
Community Services 64.550 64.550 64.550
Total - Approved 729.418 736.793 765.003 *
* Includes 9 elected officials: 1 Mayor, 6 Councilmembers, 1 City Clerk and 1 City Treasurer
CITY-WIDE SUMMARY SCHEDULE OF POSITIONS
BY DEPARTMENT
FY 23 Budget
41 1061
FY 23 Budget
CITY COUNCIL
SCHEDULE OF POSITIONS
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Elected Officials:
Council Member 4.000 6.000 6.000
Mayor 1.000 1.000 1.000
Total City Council 5.000 7.000 7.000
42 1062
FY 23 Budget
CITY MANAGER
SCHEDULE OF POSITIONS
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Regular Full-Time:
City Manager 1.000 1.000 1.000
Deputy City Manager 1.000 1.000 1.000
Digital Marketing Coordinator 0.000 1.000 1.000
Economic Development Manager 1.000 0.000 0.000
Executive Assistant 1.000 1.000 1.000
Senior Assistant to the City Manager 0.000 1.000 1.000
Sr Executive Assistant to the City Manager 1.000 1.000 1.000 Regular Full-Time Sub-Total 5.000 6.000 6.000
Regular Part-Time (FTE):
Internal Audit Manager 0.625 0.625 0.625
Regular Part-Time Sub-Total 0.625 0.625 0.625
Total City Manager 5.625 6.625 6.625
43 1063
FY 23 Budget
CITY ATTORNEY
SCHEDULE OF POSITIONS
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Regular Full-Time:
º Assistant City Attorney II 1.000 1.000 0.000
City Attorney 1.000 1.000 1.000
Human Resources Analyst II 1.000 1.000 1.000
Legal Assistant 1.000 1.000 1.000
Risk Management 0.000 0.000 1.000
º Senior Assistant City Attorney 2.000 2.000 3.000
Senior Legal Assistant 1.000 1.000 1.000
Total City Attorney 7.000 7.000 8.000
º Reclassified: (1) Assistant City Attorney II to (1) Senior Assistant City Attorney 44 1064
FY 23 Budget
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Elected Official:
City Clerk 1.000 1.000 1.000
Regular Full-Time:
Administrative Assistant 2.000 2.000 2.000
City Clerk Services Director 1.000 1.000 1.000
Deputy City Clerk 1.000 1.000 1.000
Regular Full-Time Sub-Total 4.000 4.000 4.000
Total City Clerk 5.000 5.000 5.000
CITY CLERK
SCHEDULE OF POSITIONS
45 1065
FY 23 Budget
CITY TREASURER
SCHEDULE OF POSITIONS
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Elected Official:
City Treasurer 1.000 1.000 1.000
Total City Treasurer 1.000 1.000 1.000
46 1066
FY 23 Budget
FINANCE DEPARTMENT
SCHEDULE OF POSITIONS
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Regular Full-Time:
Accountant 1.000 1.000 1.000
Accounting Manager 1.000 1.000 1.000
º Administrative Analyst I 0.000 0.000 1.000
Assistant City Manager 1.000 1.000 1.000
Assistant Finance Director 1.000 1.000 1.000
Budget Manager 1.000 1.000 1.000
Buyer 1.000 0.000 0.000
Executive Assistant 1.000 1.000 1.000
Finance Clerk 3.000 3.000 3.000
Finance Coordinator 2.000 2.000 2.000
Finance Manager 1.000 1.000 1.000
Financial Analyst 1.000 1.000 1.000
º Investment/Revenue Officer 1.000 1.000 0.000
Lead Finance Clerk 2.000 2.000 2.000
Payroll Manager 1.000 1.000 1.000
Payroll Specialist 1.000 1.000 1.000
Payroll Technician 1.000 1.000 1.000
Purchasing Officer 1.000 1.000 1.000
Senior Accountant 1.000 1.000 1.000
Senior Buyer 1.000 1.000 1.000
Senior Finance Clerk 7.000 7.000 7.000
Stock Clerk 1.000 1.000 1.000
Warehouse/Inventory Specialist 0.000 1.000 1.000
Regular Full-Time Sub-Total 31.000 31.000 31.000
Regular Part-Time (FTE):
Senior Finance Clerk 0.750 0.750 0.750
Stock Clerk 0.000 0.750 0.750
Regular Part-Time Sub-Total 0.750 1.500 1.500
Part-Time/Non-Benefitted (FTE): 0.000 0.000 0.000
Total Finance 31.750 32.500 32.500
º Reclassified: (1) Investment/Revenue Officer to (1) Administrative Analyst I 47 1067
FY 23 Budget
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Regular Full-Time:
Administrative Specialist 1.000 1.000 1.000
Assistant Human Resources Director 1.000 1.000 1.000
Executive Assistant 1.000 1.000 1.000
Human Resources Analyst II 2.000 2.000 2.000
Human Resources Director 1.000 1.000 1.000
Human Resources Technician 1.000 1.000 2.000
Senior Human Resources Analyst 2.000 2.000 2.000
Total Human Resources 9.000 9.000 10.000
HUMAN RESOURCES
SCHEDULE OF POSITIONS
48 1068
FY 23 Budget
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Regular Full-Time:
Information Technology Manager 1.000 1.000 1.000
Information Technology Project Manager 1.000 1.000 1.000 º Information Technology Specialist 4.000 4.000 3.000
º Information Technology Supervisor 0.000 0.000 1.000
Network/Security Analyst 1.000 1.000 1.000
Systems Analyst 1.000 1.000 1.000
Total Information Technology 8.000 8.000 8.000
INFORMATION TECHNOLOGY
SCHEDULE OF POSITIONS
º Reclassified: (1) Information Technology Specialist to (1) Information Technology Supervisor
49 1069
FY 23 Budget
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Regular Full-Time:
Assistant Library Services Director 1.000 1.000 1.000
Executive Assistant 1.000 1.000 1.000
Librarian I 3.000 3.000 3.000
Librarian II 3.000 3.000 3.000
Librarian III 3.000 3.000 3.000
Library Assistant 3.000 3.000 3.000
Library Clerk 2.000 2.000 2.000
Library Manager II 1.000 1.000 1.000
Library Services Director 1.000 1.000 1.000
Library Support Services Assistant 2.000 2.000 2.000
Library Technology & Support Svcs. Mgr. 1.000 1.000 1.000 Library Technology Specialist 1.000 1.000 1.000
Library Volunteer Coordinator 1.000 1.000 1.000
Senior Library Clerk 2.000 2.000 2.000
Senior Library Manager 2.000 2.000 2.000
Regular Full-Time Sub-Total 27.000 27.000 27.000
Regular Part-Time (FTE):
Library Assistant 0.000 0.500 0.500
Library Clerk 1.000 1.000 1.000
Library Literacy Coordinator 0.500 0.500 0.500
Library Page 1.500 1.500 1.500
Regular Part-Time Sub-Total 3.000 3.500 3.500
Part-Time/Non-Benefitted (FTE): 10.450 10.450 10.450
Total Library Services 40.450 40.950 40.950
LIBRARY SERVICES
SCHEDULE OF POSITIONS
50 1070
FY 23 Budget
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Sworn Regular Full-Time:
Fire Battalion Chief 5.000 5.000 5.000
Fire Captain 30.000 30.000 30.000
Fire Chief 1.000 1.000 1.000
Fire Engineer 27.000 27.000 27.000
Fire Inspector/Investigator 1.000 1.000 1.000
Firefighter 51.000 51.000 51.000
Sworn Regular Full-Time Sub-Total 115.000 115.000 115.000 Non-Sworn Regular Full-Time:
Administrative Analyst I 0.000 0.000 1.000
Ambulance Operator 0.000 0.000 12.000
Emergency Medical Services Manager 1.000 0.000 0.000
Executive Assistant 1.000 0.000 0.000
Executive Assistant to the Chief 0.000 1.000 1.000
Finance Assistant 1.000 1.000 1.000
Fire Safety Specialist - Misc. 3.000 3.000 3.000
Hazardous Materials Specialist 2.000 2.000 2.000
Plan Examiner 1.000 2.000 2.000
Sr Emergency Medical Services Manager 0.000 1.000 1.000 Senior Office Assistant 2.000 2.000 2.000
Non-Sworn Regular Full-Time Sub-Total 11.000 12.000 25.000 Non-Sworn Regular Part-Time (FTE):
Office Assistant 0.750 0.750 0.750
Part-Time/Non-Benefitted (FTE): 0.000 0.000 1.039
Total Fire 126.750 127.750 141.789
FIRE DEPARTMENT
SCHEDULE OF POSITIONS
51 1071
FY 23 Budget
POLICE DEPARTMENT
SCHEDULE OF POSITIONS
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Sworn Regular Full-Time:
Police Captain 3.000 3.000 3.000
Police Chief 1.000 1.000 1.000
Police Lieutenant 7.000 8.000 8.000
Police Officer 131.000 131.000 136.000
Police Sergeant 21.000 20.000 22.000
Sworn Regular Full-Time Sub-Total 163.000 163.000 170.000 Sworn Part-Time/Non-Bennefitted (FTE): 2.597 2.597 0.692 Non-Sworn Regular Full-Time:
Civilian Investigative Officer 2.000 2.000 3.000
Court Liason Officer 1.000 1.000 1.000
Crime Prevention Specialist 3.000 3.000 3.000
Emergency Manager 0.000 1.000 1.000
Executive Assistant 1.000 0.000 0.000
Executive Assistant to the Chief 0.000 1.000 1.000
Forensic Services Supervisor 1.000 1.000 1.000
Homeless Outreach Specialist 0.000 2.000 2.000
Maintenance Worker 1.000 1.000 1.000
Parking Control Officer II 4.000 4.000 6.000
Police Administrative Assistant 3.000 3.000 3.000
Police Armorer 1.000 1.000 1.000
Police Clerk 1.000 1.000 1.000
º Police Code Enforcement Officer 1.000 1.000 0.000
Police Communications Manager 1.000 1.000 1.000
Police Dispatch Shift Supervisor 3.000 3.000 3.000
Police Dispatcher 16.000 16.000 16.000
Police Jailer 0.000 2.000 2.000
Police Records Clerk 11.000 11.000 11.000
Police Records Manager 1.000 1.000 1.000
Police Records Shift Supervisor 3.000 3.000 3.000
Police Services Officer 5.000 5.000 7.000
Police Subpoena/Warrants Specialist 1.000 1.000 1.000
52 1072
FY 23 Budget
POLICE DEPARTMENT (continued)
SCHEDULE OF POSITIONS
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Non-Sworn Regular Full-Time (continued):
Police Training Coordinator 1.000 1.000 1.000
Police Volunteer Coordinator 1.000 0.000 0.000
Property Officer 2.000 2.000 2.000
Senior Administrative Analyst 2.000 2.000 2.000
Senior Police Clerk 4.000 4.000 4.000
Non-Sworn Regular Full-Time Sub-Total 70.000 74.000 78.000 Non-Sworn Regular Part-Time (FTE):
School Crossing Guard Supervisor 0.500 0.500 0.500
Non-Sworn Regular PT Sub-Total 0.500 0.500 0.500
Non-Sworn Part-Time/Non-Benefitted (FTE): 22.872 21.922 21.447 Total Police 259.918 262.968 270.639
º Transferred: (1) Code Enforcement Officer to Community Development Department 53 1073
FY 23 Budget
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Regular Full-Time:
Administrative Assistant 4.000 4.000 4.000
Administrative Specialist 2.000 2.000 2.000
Assistant Engineer 2.000 4.000 4.000
Assistant Field Services Manager 1.000 2.000 2.000
Assistant Public Works Director 1.000 1.000 1.000
Assistant Water Manager 2.000 2.000 2.000
º Associate Civil Engineer 6.000 7.000 8.000
º Building Inspection Supervisor 0.000 0.000 1.000
Chemical Sprayer 1.000 1.000 1.000
º Chief Building Official 0.000 0.000 1.000
Construction Inspection Supervisor 1.000 1.000 1.000
Construction Inspector II 3.000 3.000 3.000
º Combination Building Inspector 0.000 0.000 3.000
Deputy Public Works Director 1.000 1.000 1.000
º Engineering Technician II 2.000 1.000 0.000
Environmental Compliance Specialist 4.000 2.000 2.000
Environmental Program Manager 1.000 1.000 1.000
Environmental Scientist 1.000 0.000 0.000
Equipment Maintenance Leadworker 1.000 1.000 1.000
Equipment Maintenance Superintendent 1.000 0.000 0.000
Equipment Maintenance Supervisor 1.000 1.000 1.000
Equipment Mechanic II 5.000 5.000 5.000
Equipment Operator 5.000 5.000 5.000
Executive Assistant 1.000 1.000 1.000
Facilities Maintenance Supervisor 1.000 1.000 1.000
Finance Clerk 1.000 1.000 1.000
º GIS Analyst 0.000 0.000 1.000
Lead Custodian 1.000 1.000 1.000
Mgr. Trans. Services/City Traffic Engineer 1.000 1.000 1.000 º Permit Supervisor 0.000 0.000 1.000
º Permit Technician 0.000 0.000 1.000
º Plan Check Engineer 0.000 0.000 2.000
Principal Civil Engineer 3.000 3.000 3.000
º Project Engineer 1.000 1.000 0.000
Public Works Administrative Manager 1.000 1.000 1.000
Public Works Director 1.000 1.000 1.000
Public Works Maintenance Leadworker 6.000 6.000 6.000
Public Works Maintenance Supervisor 3.000 4.000 4.000
Public Works Maintenance Worker II 10.000 12.000 13.000 Real Property Agent 1.000 1.000 1.000
Senior Administrative Analyst 1.000 1.000 1.000
º Senior Civil Engineer 2.000 2.000 3.000
º Senior Combination Building Inspector 0.000 0.000 1.000
PUBLIC WORKS
SCHEDULE OF POSITIONS
54 1074
FY 23 Budget
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Regular Full-Time (continued):
Senior Contract Administrator 1.000 0.000 0.000
Senior Finance Clerk 2.000 2.000 2.000
Senior GIS Analyst 1.000 1.000 1.000
º Senior Permit Technician 0.000 0.000 2.000
Senior Traffic Signal Technician 1.000 1.000 1.000
Senior Water Meter Service Worker 1.000 1.000 1.000
Senior Water Quality Inspector 2.000 2.000 2.000
Skilled Maintenance Worker - Facilities 2.000 2.000 2.000 Skilled Maintenance Worker - Public Works 3.000 3.000 3.000 Skilled Maintenance Worker - Water 4.000 4.000 4.000
Traffic Management Center Technician 1.000 0.000 0.000
Traffic Operations Superintendent 1.000 1.000 1.000
Traffic Signal Technician II 2.000 2.000 2.000
Transportation Analyst 2.000 2.000 2.000
Tree Services Coordinator 1.000 1.000 1.000
Water Maintenance Leadworker 6.000 6.000 6.000
Water Maintenance Supervisor 6.000 6.000 6.000
º Water Maintenance Worker I 1.000 1.000 0.000
º Water Maintenance Worker II 4.000 4.000 5.000
Water Manager 1.000 1.000 1.000
º Water Meter Service Worker I 1.000 1.000 0.000
º Water Meter Service Worker II 2.000 2.000 3.000
Water Plant Operator II 5.000 5.000 5.000
Water Yard Storekeeper 1.000 1.000 1.000
Regular Full-Time Sub-Total 130.000 130.000 144.000
Regular Part-Time (FTE):
Part-Time/Non-Benefitted (FTE): 1.900 0.950 0.950
Total Public Works 132.400 130.950 144.950
PUBLIC WORKS (continued)
SCHEDULE OF POSITIONS
º Reclassified: (1) Engineering Technician II to (1) GIS Analyst, (1) Senior Plan Check Engineer from Community Development Department to (1) Senior Civil Engineer, (1) Project Engineer to (1) Associate Civil Engineer, (1) Combination Building Inspector from Community Development to (1) Senior Combination Building Inspector, (1) Water Meter Service Worker I to (1) Water Meter Service Worker II, (1) Water Maintenance Worker I to (1) Water Maintenance Worker II
º Transferred from Community Development Department: (1) Plan Check Engineer, (1) Building Inspection Supervisor, (1) Chief Building Official, (3) Combination Building Inspector, (1) Permit Supervisor, (1) Permit Technician, (2) Senior Permit Technician 55 1075
FY 23 Budget
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Regular Full-Time:
º Administrative Analyst II 1.000 1.000 0.000
Administrative Assistant 1.000 2.000 2.000
Administrative Specialist 2.000 1.000 1.000
Assistant Community Development Director 1.000 1.000 1.000 º Assistant Planner 1.000 1.000 2.000
º Associate Planner 2.000 2.000 3.000
º Building Inspector Supervisor 1.000 1.000 0.000
º Chief Building Official 1.000 1.000 0.000
º Code Compliance Officer 3.000 3.000 4.000
Code Compliance Supervisor 1.000 1.000 1.000
Combination Building Inspector 4.000 4.000 0.000
Community Development Director 1.000 1.000 1.000
Environmental Compliance Specialist 0.000 1.000 1.000
Executive Assistant 1.000 1.000 1.000
Historic Preservation Planner 1.000 1.000 1.000
º Permit Technician 2.000 2.000 0.000
º Plan Check Engineer 1.000 1.000 0.000
Planning Aide 0.000 0.000 1.000
Principal Planner 1.000 1.000 1.000
º Senior Administrative Analyst 0.000 0.000 1.000
Senior Code Compliance Officer 0.000 0.000 1.000
º Senior Housing Manager 1.000 1.000 0.000
º Senior Permit Technician 2.000 2.000 0.000
º Senior Plan Check Engineer 1.000 1.000 0.000
º Senior Planner 3.000 3.000 2.000
Regular Full-Time Sub-Total 32.000 33.000 24.000
Regular Part-Time (FTE):
º Code Compliance Officer 0.500 0.500 0.000
Regular Part-Time Sub-Total 0.500 0.500 0.000
Part-Time/Non-Benefitted (FTE): 0.475 0.000 0.000
Total Community Development 32.975 33.500 24.000
º Transferred from Police Department: (1) Code Compliance Officer
COMMUNITY DEVELOPMENT
SCHEDULE OF POSITIONS
º Reclassified: (1) Administrative Analyst II to (1) Senior Administrative Analyst, (1) Senior Planner to (1) Assistant Planner, (1) Senior Housing Manager to (1) Associate Planner, (0.5) Code Compliance Officer to (1) Code Compliance Officer
º Transferred to Public Works: (1) Plan Check Engineer, (1) Senior Plan Check Engineer, (1) Chief Building Inspector, (4) Combination Building Inspctor, (1) Building Inspector Supervisor, (2) Permit Technician, (2) Senior Permit Technician 56 1076
FY 23 Budget
APPROVED APPROVED BUDGET
2020-21 2021-22 2022-23
Regular Full-Time:
Administrative Assistant 1.000 1.000 1.000
Administrative Specialist 2.000 2.000 2.000
Assistant City Manager 1.000 1.000 1.000
Assistant Community Services Director 1.000 1.000 1.000 Executive Assistant 1.000 1.000 1.000
Finance Assistant 1.000 1.000 1.000
Landscape Coordinator 1.000 1.000 1.000
Parks & Facilities Manager 1.000 1.000 1.000
Parks Maintenance Leadworker 4.000 4.000 4.000
Parks Maintenance Supervisor 2.000 2.000 2.000
Parks Maintenance Worker II 4.000 4.000 4.000
Public Affairs & Information Manager 1.000 1.000 1.000
Recreation Services Coordinator 4.000 4.000 4.000
Recreation Services Manager 1.000 1.000 1.000
Recreation Services Supervisor 3.000 3.000 3.000
Senior Administrative Analyst 1.000 1.000 1.000
Senior Landscape Coordinator 1.000 1.000 1.000
Skilled Maintenance Leadworker 1.000 1.000 1.000
Skilled Maintenance Worker - Parks 2.000 2.000 2.000
Regular Full-Time Sub-Total 33.000 33.000 33.000
Regular Part-Time (FTE):
Assistant Recreation Services Coordinator 2.625 2.625 2.625 Parks & Facilities Attendant 1.500 1.500 1.500
Parks Maintenance Worker I 3.000 3.000 3.000
Regular Part-Time Sub-Total 7.125 7.125 7.125
Part-Time/Non-Benefitted(FTE): 24.425 24.425 24.425
Total Community Services 64.550 64.550 64.550
COMMUNITY SERVICES
SCHEDULE OF POSITIONS
57 1077
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INTENTIONALLY
LEFT BLANK
58 1078
FY 23
Fund Activity
Account
Number
Project
Number Description Amount Requested
Non Departmental
100 0000 51700 12350 Animal Control 784,441
100 0000 52001 00000 Miscellaneous Expenditures 50,000
TOTAL Non Departmental 834,441
312 0201 52611 30138 Pmnt Other Agencies-North SPA Navigation 573,935 TOTAL City Manager 573,935
Information Technology
780 1601 53915 00000 Cylance Incident Response 80,000
TOTAL Information Technology 80,000
Library
100 2001 53001 19986 Patron Donation - Materials & Supplies (Misc) 3,311 100 2001 53001 20307 Patron Donation - Adult Literacy Program 14,211 100 2001 53011 19990 Friends of the Library Donation - Employee Recognition 702 100 2001 53301 00000 Library Books 50,657
100 2001 53301 19320 Electronic Resources 5,314
100 2001 53301 19322 Foundation Donation - New Adult & Children's Books 107 100 2001 53301 19986 Patron Donation - New Adult & Children's Books 158 100 2001 53301 19988 Santiago Library System - Electronic Resources & eBooks 15,534 100 2001 53301 19990 Friends of the Library Donation - New Adult & Children's Books 12,208 100 2001 53340 19969 Sons of Italy Donation - Crafts (New Graphic Novels) 401 100 2001 53340 19990 Friends of the Library Donation - Crafts (Staff Development Day) 1,654 100 2001 55131 19990 Friends of the Library Donation - Furniture, Machinery, Equip (Misc. Furniture) 5,000
100 2004 51423 19990 Friends of the Library Donation - Maintenance Contracts (Kids Catalog) 2,826
100 2004 55131 19322 Foundation Donation - Furniture, Machinery, Equip (Misc.
Technology) 65,183
100 2016 51670 19990 (Digitization) 1,726
100 2016 53340 19322 Foundation Donation - Crafts (History Center) 115 100 2016 53340 19986 Patron Donation - Crafts (History Center) 1,100 100 2016 53340 19990 Friends of the Library Donation - Crafts (SRC/Comic Con) 7,059 100 2016 53340 30121 Lunch in the Library Grant - Crafts (2022 Award Expected Shortly) 58
100 2016 55131 19990 Friends of the Library Donation - Furniture, Machinery, Equip (Microfilm Reader) 15,000
100 2017 51670 19990 Friends of the Library Donation - Children's Programs (Dia Program) 215
100 2017 53340 19322 Foundation Donation - Crafts (Comic-Con) 228 100 2017 53340 19990 Friends of the Library Donation - Crafts (SRC & Volunteer Recognition) 3,523
100 2017 55131 19990 Friends of the Library Donation - Furniture, Machinery, Equip (Misc. Furniture) 1,579
TOTAL Library 207,869
SCHEDULE OF OPERATING CARRYOVER APPROPRIATIONS
59 1079
FY 23
Fund Activity
Account
Number
Project
Number Description Amount Requested
SCHEDULE OF OPERATING CARRYOVER APPROPRIATIONS
Fire Department
100 3023 51840 20234 Local-Training Santa Ana College 62,898 TOTAL Fire Department 62,898
Police Department
100 4011 various 20355 BSCC FY17 5,482
100 4021 50221 30189 North OC Public Safety Collaborative Overtime Safety (Police) 40,000 100 4021 55510 12307 SWAT/Canine Donations 1,057
100 4033 various 30171 Tobacco Grant Program 129,145
100 4033 various 30187 ABC-OTS Grant Salaries & Benefits 10,928 100 4041 various 30184 OTS FFY 21-22 129,515
310 4011 51030 30180 Cell Phones - Homeless Outreach 2,000 310 4011 53030 30180 Uniforms & Other Clothing - Homeless Outreach 2,000 310 4011 55131 30180 Furniture, Machinery, Equip. Additions 1,907 310 4021 various 30180 Regular Salaries & Benefits 192,665 TOTAL Police Department 514,700
Public Works
100 5021 50222 30189 North OC Public Safety Collaborative Overtime Misc 38,181 220 5022 50002 20487 Beverage Container Grant - Salaries & Benefits 1,500 220 5022 51001 20487 Beverage Container Grant - Contractual Services 17,080 220 5022 53001 20487 Beverage Container Grant - Materials & Supplies 16,000 TOTAL Public Works 72,761
Community Development
100 6001 55131 00000 Furniture, Machinery, and Equip Additions 50,000 310 9640 various 11110 CDBG 13,333
310 9645 51770 30200 517 W. Struck Transition 238,540
310 9645 57130 11070 CDBG Contingency 50,797
312 6011 51670 30142 State Grant Funds - Small Lot Ordinance 1,895 312 6011 51670 30143 State Grant Funds - N. Tustin Plan 52,415 312 6011 51670 30144 State Grant Funds - Transf. Development Rights 30,000 317 9660 various 11110 HOME 161,543
317 9660 51630 00000 Accounting and Auditing Services 2,203 550 6011 51670 19797 Oth Prof Consulting Services- Housing Element 54,927 550 6011 51670 30143 Other Prof Consulting Services - N. Tustin Spec Plan 89,183 TOTAL Community Development 744,838
Community Services
100 7001 51700 20227 Garden Plots 10,767
100 7001 51780 20054 Military Banners 1,734
100 7015 53380 30197 Special Events - Other Supplies - Special Events 2022 Season 11,469 100 7022 51420 00000 Contractual Services (Labor & Maint.) 35,000 100 7022 51700 30189 Contractual Services (Labor & Maint.) 33,381 263 7041 51780 20412 Senior Transportation Grant 19-20 157 263 7041 51780 30151 Senior Transportaion Grant 20-21 137,614 263 7041 51780 30175 Senior Transportaion Grant 21-22 119,320 TOTAL Community Services 349,442
TOTAL OPERATING CARRYOVERS 3,440,884
60 1080
FY 23 BUDGET
CITY DEBT OBLIGATIONS
Date Date Authorized Outstanding 2022-23
of of Interest and at June 30, Prin. & Int.
Issue Maturity Rates Issued 2022 Requirement
DEBT ISSUES:
Orange City Public Financing Authority
Allocation Refunding Bonds Lease Revenue Bonds 7/16/2020 11/1/2050 4.00% 29,930,000 29,410,000 1,715,400 Series 2020A
TOTAL CITY DEBT 29,930,000 29,410,000 1,715,400
Type of Obligation
61 1081
FY 22 BUDGET
SUCCESSOR AGENCY DEBT OBLIGATIONS
Date Date Authorized Outstanding 2022-23
of of Interest and at June 30, Prin. & Int.
Issue Maturity Rates Issued 2022 Requirement
DEBT ISSUES:
2008B Merged & Amended Taxable Tax
Allocation Refunding Bonds 5/1/2008 9/1/2027 5.0-6.2% 6,180,000 3,225,000 648,240 2014A Merged & Amended Tax
Allocation Refunding Bonds 12/4/2014 9/1/2023 3.0-5.0% 28,850,000 7,500,000 3,938,625 2018A Merged & Amended Tax
Allocation Refunding Bonds 3.0-5.0% 20,375,000 20,375,000 910,000 TOTAL REDEVELOPMENT DEBT 55,405,000 31,100,000 5,496,865 Type of Obligation
62 1082
FY 23
Fund
Number
Project
Number Description Amount
Requested
Prop 172
120 20166 Gurney Replacement 55,000
TOTAL Prop 172 55,000
Sanitation And Sewer
220 12982 Corp Yard Renovations 1,400,000
220 15509 Sewer Cleaning & Video 500,000
220 19999 Motor Vehicle Replacements 45,000
220 20430 Storm Drain Improvements 500,000
TOTAL Sanitation And Sewer 2,445,000
Ab 2766 Air Pollution Reduction
245 19999 Motor Vehicle Replacements 130,000
TOTAL Ab 2766 Air Pollution Reduction 130,000
Traffic Improvement -Measure M2
263 13115 Pavement Management Program Survey 70,000
263 13120 Pavement Management Program 2,400,000
263 16302 Minor Traffic Control Devices 50,000
263 16304 Biennial Traffic Signal Coordination 95,000
263 16469 Traffic Signal Equipment Painting 45,000
263 20329 Chapman & Batavia Left Turn Signal Modification 100,000 263 20383 Cannon & Serrano Intersection Modification 842,419 TOTAL Traffic Improvement -Measure M2 3,602,419
Gas Tax Maintenance
270 12982 Corp Yard Renovations 300,000
270 13120 Pavement Management Program 120,000
270 16305 Traffic Signal Controller Changeout 70,000
TOTAL Gas Tax Maintenance 490,000
Rmra Road Maint Rehabilitation Account
274 13120 Pavement Management Program 2,910,000
274 30194 Santiago Canyon Road Rehabilitation Project 577,943 TOTAL Rmra Road Maint Rehabilitation Account 3,487,943
TSIP Citywide
287 20382 Katella Ave Signal Network Extension 450,000
TOTAL TSIP Citywide 450,000
Community Development Block Grant
310 11328 ADA Improvements 68,430
310 20500 Sycamore and Palmyra Neighborhoods Street Rehabilitation 629,530 310 20503 Taft Library Restrooms Accessibility 30,000
TOTAL Community Development Block Grant 727,960
Home
317 11210 HOME CHDO Allocation 73,021
317 11250 HOME Developer Projects 365,110
TOTAL Home 438,131
Capital Projects
500 12982 Corp Yard Renovations 2,750,000
500 13120 Pavement Management Program 600,000
500 14997 Municipal Parking Lot Maintenance 20,000
NEW CAPITAL IMPROVEMENT FUNDING BY FUND
63 1083
FY 23
Fund
Number
Project
Number Description Amount
Requested
NEW CAPITAL IMPROVEMENT FUNDING BY FUND
500 16065 Quiet Zone Maintenance 50,000
500 16302 Minor Traffic Control Devices 225,000
500 17061 Old Towne Street Lighting 277,998
500 19809 City Facility Improvements 561,000
500 19826 Police Headquarter Exterior Wall Sealing 20,000 500 20374 Streetlight Pole Replacement Program 250,000
500 20441 Citywide Sidewalk Assessment 500,000
500 20461 Main Library Facility Improvements 290,000
500 20462 Taft Library Facility Improvements 100,000
500 20463 El Modena Library Facility Improvements 150,000 500 20501 USAR Tools and Equipment Replacement 200,000
500 20502 Fire Station Apparatus Bay Door Replacement 330,000 500 20505 - Fire Station 5 Exercise Room Addition 414,000 TOTAL Capital Projects 6,737,998
Park Acquisition (Infill)
510 20059 Tot Lot Shade Sails 223,000
510 20266 Park Video Surveillance & Security 65,670
510 20476 El Modena Basin Area Lighting and Irrigation 200,000 510 20479 Hart and Handy Parks Land Acquisition 3,000
510 20506 Ball Field Netting 1,420,900
510 20507 Park Facility Roof Repairs 322,710
510 20508 Irrigation Booster Pump Replacement 120,680
510 20513 New Park in West Orange 4,800
510 20514 Mural at El Camino Real Park 2,500
510 30053 Parking Lot Pavement Rehabilitation 120,800
TOTAL Park Acquisition (Infill) 2,484,060
Park Acquisition & Development (Quimby)
511 20475 Resurfacing Bike Trails and Walking Paths 175,219 TOTAL Park Acquisition & Development (Quimby) 175,219
Sewer Construction
520 15508 Sewer Line Maintenance & Replacement 2,200,000 TOTAL Sewer Construction 2,200,000
Reimbursable Capital Projects
550 18120 Well 28 Construction 1,600,000
550 20315 Hart Park Pickleball and Fitness Circuit 2,000,000 550 20461 Main Library Facility Improvements 290,000
550 20477 Area Lighting Replacement at Grijalva Park 262,686 550 30194 Santiago Canyon Road Rehabilitation Project 403,299 TOTAL Reimbursable Capital Projects 4,555,985
Capital Bond Proceeds
553 20347 Enterprise Access System 605,000
TOTAL Capital Bond Proceeds 605,000
Fire Facility Fee Districts All Com 6/07
560 12406 Signal Pre-Emption Installation 40,000
560 20124 Turnout Equipping & Replacement 90,000
560 20334 Fire Station Repairs 50,000
64 1084
FY 23
Fund
Number
Project
Number Description Amount
Requested
NEW CAPITAL IMPROVEMENT FUNDING BY FUND
560 20465 Fire Stations Facility Improvements 60,000
560 20504 - Fire Station 3 Building Addition 250,000
560 30032 Wellness Equipment Replacement 45,000
TOTAL Fire Facility Fee Districts All Com 6/07 535,000
Water
600 18101 Water Utility Security Improvements 25,000
600 18102 Meter Replacement Program 150,000
600 18214 Well Rehabilitation 100,000
600 18301 Exterior Cathodic Protection Systems 50,000
600 18400 Pipeline Renewal Projects 1,500,000
600 18912 Water Plant Telemetry 50,000
600 19999 Motor Vehicle Replacements 280,000
TOTAL Water 2,155,000
Equipment Replacement
720 19999 Motor Vehicle Replacements 3,772,755
TOTAL Equipment Replacement 3,772,755
Computer Replacement
790 20272 GIS Enterprise Development 40,000
790 20278 Server Refreshes 100,000
790 20281 IT System Improvements 50,000
790 20282 Personal Computer Replacements 200,000
790 20339 Network Refresh 50,000
790 20342 Conference Room Audio/Video 20,000
790 20391 Financial System Replacement 200,000
790 20413 UPS Replacements 130,000
790 20456 Physical Security Platform Replacements 200,000 790 20482 Land Use Tracking and Permitting Software 500,000 790 20509 Phone System Refresh 200,000
790 20510 Storage Area Network Replacement 150,000
790 30071 Fiber Optic Cable Replacements 250,000
790 30196 Police Enterprise System 770,000
TOTAL Computer Replacement 2,860,000
City Trf: Tustin Project-Taxable Bonds
951 20247 SOARA Capital Projects 1,532
TOTAL Computer Replacement 1,532
City Trf: Nw & Sw Merged 2003 Txbl Bonds
952 20247 SOARA Capital Projects 145,000
TOTAL City Trf: Nw & Sw Merged 2003 Txbl Bonds 145,000
City Trf: Nw & Sw Merged 2003 Tax Exempt
953 20247 SOARA Capital Projects 3,837
TOTAL City Trf: Nw & Sw Merged 2003 Tax Exempt 3,837
City Trf: Merged 2008 Tax Exempt Bonds
954 20247 SOARA Capital Projects 9,548
TOTAL City Trf: Merged 2008 Tax Exempt Bonds 9,548
GRAND TOTAL 38,067,387
65 1085
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INTENTIONALLY
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66 1086
Mission
To serve the City with strong leadership and vision.
Department Goals
Accomplishments for 2021-22
1. Serve as stewards of the public trust, conducting City business in an open, fair and ethical manner.
2. Develop sound policies that maintain and preserve prized community assets for future generations.
3. Determine the best use and allocation of the City of Orange's financial and human resources.
4. Maintain and enhance the City's fiscal standing by supporting and fostering the business community.
5. Provide community leadership and sound planning for the City's future.
6. Support efforts to reduce the City's crime rate and eliminate blight.
7. Respond to changes in community needs in a timely manner. Work cooperatively with other governments to improve service delivery to Orange residents and businesses.
8. Actively promote and support State and Federal legislation that reduce unnecessary regulations and unfunded mandates.
9. 10. Increase the City's visibiity and presence in changing regional local governance issues.
11. Expand park and trail facilities to provide greater community recreational opportunities.
Adopted an annual City budget for FY 2022-23 that is responsive to the most critical needs of the City and is fiscally conservative and responsible.
1. Adopted ordinances to address state actions to usurp local control of zoning and land use decisions and preserve the nature of Orange neighborhoods.
2. Participated in ad-hoc committees to address the problem of homelessness and provided regular updates to the public.
3. Presented a variety of highly regarded community events such as the Holiday Tree Lighting Ceremony, 3rd of July Celebration, Concerts in the Park, Treats in the Streets, and the Veteran’s Day Celebration.
4. Worked to maintain the economic viability of the Old Towne business community by providing additional outdoor dining areas through the Orange Plaza Paseo street closure.
5. 6. Served on regional boards and committees to ensure the City’s interests are heard and protected.
Enhanced the City’s economic base by collaborating and providing leadership for several development related activities including: the Motel 6 redevelopment, redevelopment of the JC Penny and Sears sites at The Village of Orange, and the development of workforce housing on Town & Country and West Katella Avenue.
7. Adopted a policy on small cell installations and approved a Master License Agreement with Verizon Wireless to encourage the development of wireless infrastructure in the city.
8. Approved a Disposition and Development Agreement with Katella Terrace, LP for the construction of 74 units of affordable senior housing at 1249 E. Katella Avenue.
9. Improved transparency, public communication, and customer service by launching a new city website and the Orange 24/7 citizen reporter app.
10. City of Orange
Department Summary
Fiscal Year 2022-2023
City Council
67 1087
The City Council is comprised of 1 division/program.
CITY GOVERNMENT
The City Council provides policy direction for the City of Orange and enacts all municipal legislation. The City Council serves in a quasi-judicial role on certain administrative appeals. The City Council directs the administration of its policy decisions through the City Manager for delegation to appropriate City staff.
Service Objectives
1. Provide for financial stability through strong financial oversight and strategic planning.
Provide the resources required to maintain and improve the City’s infrastructure, public safety, and City services.
2. Promote the City’s interest in the development of a business retention and attraction program through active City Council participation.
3. 4. Support legislation that benefits City and local government service delivery.
Approve business, industrial, and residential developments that strengthen the City’s financial future and integrates land uses while not overextending existing and planned public infrastructure.
5. 6. Recognize exemplary service by City employees through an employee recognition program. Maintain the City’s website to ensure that Orange residents and businesses maintain access and are connected to the City.
7. Conduct City Council meetings in a manner that recognizes legitimate differences of opinion yet fosters mutual respect and courtesy among all participants.
8. Powered by OpenGov
68 1088
Mission
To serve the City with strong leadership and vision.
Department Goals
Support the City Council in their representation of 140,000 residents and 13,000 businesses through effective implementation of their policy direction.
1. Maintain and develop a management team that is committed to providing high customer service while working together to meet the ever-changing needs of the City.
2. 3. Provide the leadership for an organization committed to serving the community.
4. Constantly work to enhance the financial position of the City.
5. Foster and promote the Strategic Plan and lead in the implementation of its strategies.
6. Maintain and enhance the City’s character by protecting the community’s public and private assets.
Ensure that the City is a place where residents feel safe, where business thrives, and where people have a sense of community.
7. 8. Maintain a business environment and balanced economy conducive to business.
Increase the City’s economic base through business retention, expansion, and diversification by attracting new, compatible businesses.
9. 10. Increase and improve housing and employment opportunities for Orange residents.
11. Promote the distinct identity of the City of Orange.
12. Facilitate wind down activities of the former Orange Redevelopment Agency.
Utilize technology to connect with community at large by providing information and direction on City services.
13. City of Orange
Department Summary
Fiscal Year 2022-2023
City Manager
69 1089
Accomplishments for 2021-22
1. Completed the FY 22-23 City Budget preparation, development, and approval process.
Continued to support the success of the TEAM Orange program, which provides team building, training, employee recognition, and communication resources for city staff. Held four brown bag meetings in an effort to engage employees.
2. Continued the facilitation of business development initiatives including site selection assistance and entitlement streamlining efforts and provided leadership for several development related activities including: the Motel 6 redevelopment, redevelopment of the JC Penny site at The Village of Orange, and the preservation and reuse of two historic homes on North Cypress Street.
3. Participated in the North Orange County Cities and other regional partnership efforts in looking at opportunities to jointly conduct projects and purchases.
4. Continued collaboration with the Old Towne focus group, consisting of merchants and owners, to develop parking solutions to preserve and enhance the economic viability of Old Towne. Evaluated the short and long term infrastructure needs for the Old Towne area, including the possibility of a new municipal parking lot located east of the Plaza.
5. Coordinated the City’s response in addressing the growing homeless population in and around Orange and provided leadership in the North Orange County Service Planning Area to formulate regional solutions to this issue.
6. Continued working with Chapman University leadership to facilitate community engagement opportunities including planning for the processing of the new Chapman Specific Plan.
7. Strengthened our partnership with the Orange Chamber of Commerce by collaborating with them on programs and initiatives that support our businesses and the community.
8. Worked with the City Council, Department Heads, and EOC team to coordinate City operations to address the COVID-19 crisis while continuing to provide essential services to residents and businesses.
9. Launched a new City website with a streamlined design to better communicate with and provide services to the public.
10. Communicated with Orange County and area City Managers on public response and coordinated efforts on mandates directed by County, State, and Federal governments including the needs of the homeless population.
11. Prepared a City Council policy on small wireless facilities and a master license agreement with Verizon to help build out critical wireless infrastructure in the City while ensuring compliance with new regulations from the Federal Communications Commission.
12. Continued City efforts to develop affordable housing including providing leadership for the following projects: Valencia Garden, Katella Terrace, La Veta Houses, and the conversion of the Allure, Cameo, and Garrison apartments to workforce housing.
13. Prepared short term rental policy options for the City Council, and worked with the City Attorneys Office to draft a short term rental ordinance based on Council direction to allow short term rentals with restrictions that mitigate neighborhood impacts.
14. 70 1090
The City Manager Department is comprised of 2 divsions/programs.
MANAGEMENT OF CITY OPERATIONS
The City Manager serves as the Council-appointed Executive Manager of the City. The City Manager is responsible for the administration and implementation of policies and programs adopted by the City Council, for providing timely and accurate information to the City Council, and for maintaining a valuable communication link that allows the Orange City Council to formulate policy, set direction, adopt programs and projects, and establish City service levels.
Service Objectives
Provide leadership and direction for balanced economic growth to enhance the long-term fiscal viability of the City.
1. Promote and foster an organizational culture that strives to provide excellent customer service at all levels.
2. Ensure that the City remains one of the safest communities in which to work, live, and visit by allocating the necessary tools and resources to public safety operations.
3. Implement an organizational strategic plan that directs and responds to the diverse needs of the community while providing long term focus of City resources.
4. 5. Encourage innovation to develop programs or services that help improve service delivery.
Lead employee driven professional development at all levels of the organization to create a strong work force.
6. INTERNAL AUDIT
The Internal Audit program provides a framework to determine the adequacy and effectiveness of internal controls through an on-going and comprehensive internal assessment of operations within each department, including the monitoring of contractor compliance.
Service Objectives
1. Audit appropriate financial provisions of contractual services or other City business relationships.
Audit Citywide internal control systems including, but not limited to, purchasing, personnel, payroll, disbursements, cash receipts, and treasury transactions.
2. 3. Assess and monitor electronic data processing controls.
4. Coordinate audits of revenue sources.
5. Audit any decentralized financial operations and department-managed inventories.
6. Evaluate the strength and effectiveness of internal controls in all city departments.
Assist City departments to develop and implement cost-effective, practical solutions to business issues and needs.
7. Powered by OpenGov
71 1091
Mission
To be an effective and impartial legal representative for the City of Orange, as governed by its Council and managed by its staff. To uphold the State and Federal constitutions and all laws consistent with those constitutions.
Department Goals
Maintain open communications with the City Council, the Planning Commission, other advisory bodies, and all city departments to assist them in developing solutions to achieve and implement their respective goals, programs, and projects.
1. Provide high quality and timely legal services to the City Council, Planning Commission, other advisory bodies, and all city departments.
2. Effectively represent the interests of the City in direct handling of litigation and administrative proceedings.
3. Maintain effective cost control for all city legal services including effective management of outside legal counsel services and costs.
4. 5. Maintain the highest level of professional competence via a program of continuing legal education.
6. Continue to develop and maintain public confidence in the City Attorney’s Office. Offer periodic training on a wide variety of subjects as a preventative measure against legal claims and to enhance efficiency and fairness.
7. 8. Ensure compliance with State and Federal employment laws.
Implement responsible and effective risk management programs to ensure a compliant, safe, equitable, and professional working environment through effective safety trainings, updated policies and procedures, and knowledgeable support to all city departments.
9. Administer an equitable workers’ compensation program as required by law to resolve workplace injury claims through prompt and quality medical treatment and efficient claim administration.
10. Protect the City against financial consequences of catastrophic accidental loss with adequate insurance coverage.
11. 12. Protect the City’s capital assets for claims filed against the City. Maintain the highest level of departmental efficiency by researching and implementing technological advances in the risk management industry.
13. City of Orange
Department Summary
Fiscal Year 2022-2023
City Attorney
72 1092
Accomplishments for 2021-22
Provided training and consultation to Human Resources and other department supervisors regarding employee discipline and evaluations.
1. 2. Provided training to employees regarding potential claims investigation and reporting.
Provided training to employees regarding consulting services agreements, public works agreements, and general citywide contracting processes and procedures.
3. Drafted all documents, assisted staff and provided counsel in the redistricting process, which will define Orange’s City Council district boundaries for the next 10 years.
4. 5. Addressed and resolved community safety concerns regarding transient activity.
Since the implementation of the centralized subrogation program to 1/10/2022, effectively recuperated $623,808.84 back into City funds for losses caused by the negligent act of third parties.
6. During the continuing Covid-19 pandemic, actively participated in the City’s various task forces to develop safety protocols, effective return to work administrative controls, benefit administration, workers’ compensation administration, and compliance with regulatory changes such as SB 1159, AB 685, OC Health orders, CDPH and CDC guidelines, and Cal/OSHA emergency standards.
7. Collaborated with City departments to develop a comprehensive and unified approach to the pandemic, including development of the City’s COVID-19 Prevention Plan, participation in the Emergency Operations Center, and serving as liaisons to employees with COVID-19 related inquiries.
8. Continued to reduce financial obligations to state’s Office Self-Insured Plans as a self-insured employer as related to the workers’ compensation program.
9. Collaborated with Department of Public Works-Facilities division to develop a protocol and template inspection checklist to ensure City’s fire extinguishers and AEDs are timely audited for continued compliance.
10. Conducted State Mandated reporter training to equip all eligible Community Services employees before the start of community summer programs and day camps.
11. 73 1093
CITY ATTORNEY
PERFORMANCE MEASURES/WORKLOAD INDICATORS
FY 20-21
Actual
FY 21-22
Estimated
FY 22-23
Estimated
Percentage of work-related injuries timely reported
to third party administrator 100% 100% 100%
Number of Workers’ Compensation claims closed 56 28 40
Percentage of open Workers’ Compensation claims
that are litigated 6.36% 5.88% 5.00%
Number of Covid-19 Workers’ Compensation claims
opened 21 23 10
Percentage of Covid-19 Workers’ Compensation
claims closed 100% 65.22% 100%
Number of General Liability claims closed 50 N/A 50
Number of ADA/FEHA Interactive Process meetings 3 1 1
Number of Industrial Disability Retirement
Applications Processed 5 3 4
Number of new subrogation claims 21 59 30
Number of subrogation claims closed 273 177 100
Total amount of subrogation funds recovered $189,521.47 $68,110.35 $100,000 Percentage of insurance certificate verification
requests reviewed within 5 days 100% 100% 100%
74 1094
The City Attorney Department is comprised of 2 divisions/programs.
LEGAL SERVICES
Provides legal advice and services to the City Council, all city advisory bodies and city departments, as well as the defense and intiation of lawsuits involving the City and their respective officers and employees.
Service Objectives:
Provide efficient and expeditious legal services to the City Council, all city advisory bodies, and city departments by assigning staff members to respective fields based on their areas of expertise.
1. Provide maximum use of in-house staff to reduce the need and costs associated with the use of outside counsel.
2. 3. Effectively supervise and monitor outside legal (contract special) counsel. Minimize exposure to liability by practicing preventive law, providing training and workshops to city officers and employees, and ensuring that employee complaints are appropriately and thoroughly investigated.
4. Provide minimum turnaround time on day-to-day legal service assignments without sacrificing quality and keeping requesters informed of progress of work as appropriate.
5. 6. Review contracts and advise departments as to any legal ramifications of their contents.
Provide legal advice and services at meetings of the City Council, Planning Commission, Traffic Commission, Design Review Committee (DRC), and other boards and committees as required.
7. Provide advice and guidance in personnel matters at early stages to reduce city exposure from grievances and lawsuits.
8. RISK MANAGEMENT
Risk Management’s mission is to efficiently prevent, control, and reduce the City's financial risk while providing optimum services to city employees and residents. Services include the oversight of the following programs: workers’ compensation, safety and environmental health, liability management, financial recovery, regulatory compliance, insurance procurement, industrial disability retirements, ergonomics, training, and emergency preparedness.
Service Objectives:
Resolve workers’ compensation claims by achieving a balance between employee advocacy and loss control.
1. Serve as the gatekeeper of all parties involved in the workers’ compensation process, including departments, employees or retirees, medical providers, defense attorneys, and the third party administrator.
2. 3. Monitor performance of third party vendors through continuous evaluations of services.
4. Investigate, negotiate, and resolve property claims against the City.
Assist city departments comply with Cal/OSHA, state, and federal regulations by conducting selfaudits, work fitness evaluations, commercial driver license examinations, hearing examinations, and drug and alcohol testing. Maintain all related documents, files, logs, and databases as tools for monitoring risk.
5. Utilize current educational and training materials, both online and in the classroom, to ensure employees take precautionary measures for their individual safety as well as the community’s.
6. Provide recommendations and procure insurance to protect the City against the financial consequences of catastrophic accidental loss.
7. 8. Pursue opportunities for financial recovery through subrogation and restitution efforts. 75 1095
Mission
The City Clerk’s Department is committed to providing exceptional customer service; promoting community involvement and awareness; supporting City Council and staff; coordinating the legislative process; administering City Elections; and managing City Records – all with integrity, accuracy, impartiality, and professionalism. Department Goals
Accomplishments for 2021-22
1. Respond to the legislative needs of the City Council and City of Orange residents.
2. Administer municipal elections and serve as the Election Official for the City of Orange.
Provide access to the City’s official records and legislative documents in as many different mediums as possible.
3. 4. Administer a records management program for the City of Orange.
5. Utilize technology and best business practices in effective services delivery. Maintain statutory compliance of the Maddy Act, Political Reform Act, AB1234, and Conflict of Interest Code.
6. 7. Ensure the proper posting, filing, processing, and administration of City records.
8. Maintain the Orange Municipal Code.
9. Ensure that all members of the team perform their work ethically and with integrity Administered Oath of Office and conducted onboarding reviews with appointed District 3 City Council member.
1. Collaborated with the IT Department in successfully implementing, training, and operating Granicus module for Boards, Commissions and Committees online applications.
2. Further ensured public access to City records by uploading an additional decade of Resolutions, Ordinances, and past minutes to the City website.3.
4. Electronically recorded over 100 documents using the Secure G2G portal.
Completed annual City-wide records destruction in compliance with the Records Management Policy removing 120 boxes and 663 electronic records from inventory; and permanently removed 218 boxes of records from out of state storage site.
5. Facilitated the creation of the Park Planning and Community Events Commission by completing Commissioner Oaths of Office, filing required legal forms and updating the City’s Municipal Code to establish the new legislative body.
6. Coordinated with City Attorney’s office to authorize acceptance of electronically filed government claims against the City of Orange.
7. 8. Served over 1,600 passport customers.
Developed an Electronic Signature Policy, in coordination with the City Attorney’s office, adopted by the City Council in May 2021.
9. Compiled and distributed Boards, Commissions and Committees Manual to convey legislative responsibilities and duties to appointed members.
10. 11. Coordinated Brown Act Training with City Attorney’s office for new and existing board members.
City of Orange
Department Summary
Fiscal Year 2022-2023
City Clerk
76 1096
CITY CLERK
PERFORMANCE MEASURES/WORKLOAD INDICATORS
FY 20-21
Actual
FY 21-22
Estimated
FY 22-23
Estimated
US Mail Items processed 76,515 68,058 72,287
City Council Approved Agreements processed 251 208 230
Public Records Requests processed 669 870 770
77 1097
The City Clerk Department is comprised of 1 divsion/program.
LEGISLATIVE HISTORY, RECORDS MANAGEMENT, AND ELECTION
OPERATIONS
The Office of the City Clerk is the designated local official responsible for administering the democratic process by conducting local elections, developing and maintaining the City’s records management program, providing access to City records and all legislative actions, and ensuring transparency to the public. The City Clerk further acts as the compliance officer for federal, state, and local laws, including the Political Reform Act and the Public Records Act. The Office of the City Clerk is also a full-service passport acceptance facility.
Service Objectives
1. Provide accurate and complete agenda materials according to State mandated deadlines.
2. Effectively coordinate, notice, and administer public hearings.
Continue the administration, training, and operation of Granicus Legistar software for City Council and the City’s standing Boards, Committees, and Commissions meeting agendas and minutes.
3. Serve as the City’s Elections Officer; effectively administer, coordinate, and conduct all general and special municipal elections.
4. Serve as the filing officer for the City’s campaign disclosure statements and Statements of Economic Interests filings.
5. 6. Maintain and preserve City Council proceedings and related records.
Apply technology effectively to provide increased and improved access to materials and records online pursuant to the California Public Records Act.
7. 8. Maintain the Orange Municipal Code with regular updates to the codifier.
9. Accept U.S. passport applications from the public on behalf of the United States Department of State.
Serve as Secretary to Successor Agency to the Orange Redevelopment Agency and Orange Investment Development Authority.
10. 11. Accept and process all claims, summons, and subpoenas.
12. Ensure a high level of integrity and honesty in performance of work duties.
Powered by OpenGov
78 1098
Mission
To prudently manage, protect, and preserve funds placed in its trust. Department Goals Accomplishments for 2021-22
Administer the investment portfolio of the City in a manner consistent with prudent and conservative financial practices.
1. 2. Project cash flow requirements to ensure adequate liquidity and maximum investment opportunity.
3. Assess market conditions and other information necessary to ensure all investment objectives are met.
Provide timely information to City Council, city staff, and citizens on the status of the City's investments.
4. Recommend to the City Council, as needed, changes to the Statement of Investment Policy to ensure that it accurately reflects the City Council's investment objectives and all related laws and regulations.
5. 6. Monitor and analyze revenue receipts and prepare the revenue budget.
1. Reviewed and updated the Statement of Investment Policy.
2. Updated the Treasurer's Reference Manual. Worked with departments to identify changes to the Master Schedule of Fees and Charges and updated the fee schedule adopted with the FY 2021-22 budget.
3. The City Treasurer is comprised of 1 division/program.
TREASURER OPERATIONS
Provides for the investment of the City’s funds in compliance with state law and the City’s Statement of Investment Policy. Monitors revenues, cash flow needs, and cash controls.
Service Objectives
1. Invest all funds in accordance with state law and the City’s Statement of Investment Policy.
2. Review monthly Treasurer’s report in accordance with the City’s Statement of Investment Policy.
3. Keep current on financial and economic indicators affecting the investment market.
4. Maintain up-to-date cash flow information to ensure the City’s liquidity needs are met.
Participate in quarterly meetings of the Investment Advisory Committee and Investment Oversight Committee.
5. 6. Monitor compliance with cash receipts policy. Monitor and analyze revenue, prepare revenue budget, and prepare compliance reports for revenue disclosure.
7. 8. Maintain annual certifications for investment brokers.
9. Update Statement of Investment Policy annually.
City of Orange
Department Summary
Fiscal Year 2022-2023
City Treasurer
79 1099
Mission
To provide excellent customer service to both internal and external customers with the highest degree of reliability, timeliness, and professionalism, while safeguarding the public assets entrusted to the City.
Department Goals
Administer the investment portfolio of the City in a manner consistent with prudent and conservative financial practices.
1. 2. Project cash flow requirements to ensure adequate liquidity and maximum investment opportunity.
3. Assess market conditions and other information necessary to ensure all investment objectives are met.
Provide timely information to City Council, city staff, and citizens on the status of the City’s investments.
4. Recommend to the City Council, as needed, changes to the Statement of Investment Policy to ensure that it accurately reflects the City Council’s investment objectives and all related laws and regulations.
5. 6. Provide quality service to both internal and external customers. Maintain the financial system and records of the City consistent with the highest professional standards in accordance with legal requirements and generally accepted accounting procedures.
7. Produce timely and accurate financial reports including the Annual Comprehensive Financial Report (ACFR) and State Controller’s Reports for both the City and Successor Agency.
8. Provide revenue projections and assist in the coordination, preparation, and review of the City’s Annual Budget and Capital Improvement Plan.
9. Manage collection of city revenues in the most effective and efficient manner including Business License and Transient Occupancy Tax. Combine this with #16?
10. 11. Provide utility billing services for 35,000 accounts for water and sanitation services.
12. Coordinate the issuance and refunding of debt and other related financing as needed.
Direct and coordinate the procurement and warehousing of equipment, supplies and services at the lowest possible cost commensurate with quality needs.
13. 14. Make timely and accurate payments for all approved salaries, benefits, goods, services, and contracts. Manage 20,000 business licenses, including 4,000 home-based businesses and 4,250 out-of-town businesses.
15. Recruit, onboard, and train a new Payroll Manager to address the unique requirements and service needs of the City's biweekly payroll and all reporting requirements.
16. City of Orange
Department Summary
Fiscal Year 2022-2023
Finance
80 1100
Accomplishments for 2021-22
Within a three-month period, fully implemented the program to license and permit Short-Term rentals in the City. Defined the scope of documents required, developed effective communication tools for with owners and their neighbors, set up a dedicated webpage for STR information, tested, launched & integrated a new registration system with that of the City and multiple hosting platforms, and developed a structure to ensure proper collection of monthly TOT. After review of 158 applications, successfully licensed 125 STRs. Daily efforts include monitoring compliance with the City’s Ordinance, sending late notices for TOT, issuing Notices of Violation and collecting related fines, as well as fielding inquiries from potential licensees and complaints from residents.
1. Worked with departments to identify changes to the Master Schedule of Fees and Charges and revised the fee schedule to be adopted with the FY 2022-23 budget.
2. Refined current departmental procedures for position budgeting, including the evaluation of alternative position budgeting tools on the OpenGov platform.
3. Integrated GASB 84, Fiduciary Activities, to improve guidance regarding the identification of fiduciary activities for accounting and financial reporting purposes and how these activities should be reported.
4. Integrated GASB 74 and 75, Financial Reporting for Postemployment Benefit Plans other than Pension Plans, and Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions, in the reporting and disclosure of the City’s ACFR.
5. Continued to increase awareness of the warehouse’s inventory and capabilities to increase cost savings throughout the City.
6. Reported FFCRA (Families First Coronavirus Response Act) wages to applicable employees to the Internal Revenue Service (IRS) on 2021 Forms W-2 as mandated by the FFCRA.
7. 81 1101
FINANCE
PERFORMANCE MEASURES/WORKLOAD INDICATORS
FY 20-21
Actual
FY 21-22
Adopted
FY 22-23
Estimated
Number of Accounts Receivable Invoices 7,236 6,320 6,778 Number of audit adjustments (Auditor
Recommended) 0 0 0
Number of budget appropriation transfers 92 89 91
Number of business license renewal notices sent 20,446 21,411 20,928 Number of business licenses issued or renewed 20,994 21,400 21,197 Number of Utility Bills sent out 225,584 222,574 224,579 Number of cash register transactions processed 243,458 242,503 242,980 Number of form 1099’s issued 206 68 50
Number of form W-2’s issued (calendar year end) 792 857 825 Number of journal entries prepared 620 588 604
Number of payroll checks issued 22,937 21,148 22,043
Number of purchase orders issued 1,224 921 1,000
82 1102
The Finance Department is comprised of 5 divisions/programs.
ADMINISTRATION
Administration is responsibly for maintaining internal controls that safeguard the City's assets and provides budgeting, financial management, investments, and reporting for the City, consistent with the highest professional standards and in accordance with legal requirements.
Service Objectives
1. Invest all funds in accordance with State law and the City's Statement of Investment Policy.
2. Review of monthly Treasurer's report in accordance with the City's Statement of Investment Policy.
3. Keep current on financial and economic indicators affecting the investment market.
4. Maintain up-to-date cash flow information to ensure the City's liquidity needs are met.
Participate in quarterly meetings of the Investment Advisory Committee and Investment Oversight Committee.
5. 6. Monitor compliance with cash receipts policy. Monitor and analyze revenue, prepare revenue budget, and prepare compliance reports for revenue disclosure.
7. 8. Maintain annual certifications for investment brokers.
9. Update Statement of Investment Policy annually.
10. Prepare the Annual Budget and Capital Improvement Plan documents.
11. Provide assistance to every department in reconciling and analyzing their specific financial activities.
12. Administer and monitor financial activity to ensure that it reflects the adopted budget.
PURCHASING AND WAREHOUSE
Provides a centralized buying and accounts payable service for all departments to ensure the purchase and invoice payments of construction projects, services, equipment, and materials are at the lowest possible cost commensurate with quality needs. Serves as a central store for commonly used supplies, makes daily mail and supply deliveries to all affiliate locations, and handles all outside printing and duplicating needs for departments.
Service Objectives
1. Provide courteous, efficient service to all internal and external customers 100% of the time.
2. Process all informal bids within 24 hours of receipt of specifications.
3. Procure all goods and services meeting departments’ specific needs at the best value available.
4. Ensure daily mail and supply delivery and pick-ups are made to all city mail locations.
5. Deliver goods requested from the warehouse within 24 hours of receipt of requisition.
6. Assist in preparation of Request for Proposal and Request for Qualifications requirements.
Ensure the purchase of all goods and services procured through the Purchasing Division are done so in accordance with all federal, state, and city laws, regulations, and policies.
7. 8. Process thousands of purchase orders, invoices, and warehouse requisitions annually.
9. Manage and audit the CAL Card procurement program on an ongoing basis.
Ensure the payments of all goods and services through the Accounts Payable Division are done so in accordance with all federal, state, and city laws, regulations, and policies.
10. 11. Conduct annual citywide training sessions on procurement and payment processes. 83 1103
GENERAL REVENUE
General Revenue manages the collection of various revenues and maintains payment records for the City.
This includes processing Accounts Receivable, Short Term Rental Permits, Transient Occupancy Taxes (TOT) and Business License taxes in accordance with the Orange Municipal Code. Cashiering is also provided for business license payments, miscellaneous receivables including TOT, and accounts receivable payments. General Revenue is a collector of business information and maintains continuous records of all business activity taking place in the City.
Service Objectives
Provide outstanding customer service to both external and internal customers by processing and reconciling payments from counter customers, mailed-in payments, faxes, and on-line renewals or applications. Also provide on-line business searches and new business listing for inquiring customers.
1. Prepare monthly reports of business license registrations for the Fire Department, Police Department, Public Works Department, Economic Development Department, and others as needed.
2. Process and send out certificates to thousands of new business license applicants and renewals, frequently generated online, and send out delinquent notices and close-outs as necessary.
3. Monitor hundreds of business regulatory permits including massage therapists, secondhand dealers, firearm dealers, tow truck drivers, solicitors, and others.
4. Annually follow-up and process thousands of non-compliant or delinquent businesses, plus new business license leads.
5. 6. Perform hundreds of annual gross receipts and sales tax audits.
7. Scan thousands of records into Laserfiche.
8. Monitor TOT for motels and hotels.
Research thousands of leads from the Franchise Tax Board, hundreds of fictitious business name registrations from the Orange County Clerk Recorder’s office, and hundreds of seller’s permit holders from the State Board of Equalization.
9. Review all building permits issued by the City, checking all contractors, architects, engineers, and others for business license compliance.
10. Accounts Receivable creates and sends first, second, and third invoices for all city departments. (developer billing, expense reimbursement for grant funds, hydrant rentals, false alarms, damage to city property, city permits, disturbance calls, lease agreements, and other miscellaneous invoices). In addition, Accounts Receivable collects payments for all invoices and sends accounts to collections for non-payment.
11. Monitor 125 Short Term Rental Permits, which includes evaluating new applications, monitorting compliance, issue violation letters, and accept TOT and application payments.
12. 84 1104
UTILITY BILLING
The Utility Billing Division provides the billing, collection, and data management of all utility accounts for water, city sanitation services, and the voluntary paramedic subscription program. All customer inquiries regarding the billing of these services are handled within this division. In addition, this program has the responsibility of managing petty cash and accounts receivables, which processes all city department invoices.
Service Objectives
Provide customer service for all utility billing related questions or comments via phone, counter, or e- mail.1.
2. Prepare, calculate, and send out utility bills with 99% accuracy within two days of the meter being read.
3. Process closing bills and send accounts to collections for non-payment.
Create and process electronic work orders (Closing/opening readings, meter exchanges, high consumption, leaks, re-checks, door hangers, repairs/replacement of parts, and delinquent turn-offs).
4. 5. Create, process, and maintain Landlord Continue Service Agreements.
6. Create, process, and manage customers on the Paramedic Subscription Program.
Download and process electronic payments daily (lockbox, ACH “Automatic Clearing House”, online, phone, and bill pay banking payments). In addition, collect payments via the counter and night deposit box daily.
7. Provide an online customer portal for customers to view and pay utility bills, as well as the ability to setup automatic payments via checking accounts and credit cards.
8. 85 1105
GENERAL ACCOUNTING
General Accounting is responsible for maintaining a system of internal controls that safeguard the City’s assets and provides financial management and reporting, payroll, accounts payable, and accounting services for the City, consistent with the highest professional standards and in accordance with legal requirements and generally accepted accounting principles.
Service Objectives
Coordinate all financial audits including the City’s annual audit, the Federal Single Audit, Gas Tax, Air Quality Management District (AQMD), various state and federal grants, and Proposition 172 audits.
1. In conjunction with the financial audit, prepare the City’s Comprehensive Annual Financial Report (CAFR).
2. 3. Prepare the Annual Street and State Controller’s Reports. Maintain, update, and troubleshoot the Eden accounting system and provide Eden training and translation to personnel in every department.
4. 5. Maintain financial records for over one hundred separate funds.
6. Provide assistance to every department in reconciling and analyzing their specific financial activities.
7. Process biweekly payroll for more than 750 employees with less than a 1% error rate.
8. Prepare quarterly payroll tax returns in compliance with federal and state reporting requirements.
9. Prepare and calculate position budgeting for the annual budget.
Issue W-2s, prepare annual sick leave conversion calculation, process open enrollment changes, and annual leave accruals and payoffs by January of each year.
10. Process all benefit and/or compensation changes per Memorandum of Understanding (MOU) or Letter of Understanding (LOU) for 19 different salary groups.
11. Upon an employee’s retirement or separation from the City, conduct multiple manual calculations to ensure proper processing of the net benefits, leave pay-outs, and salary included in the final paycheck.
PERS and deferred compensation reporting is an additional component of this task.
12. Assist in the set-up and tracking of Capital Improvement Plan (CIP) expenditures, including related salary costs, and revenue sources under Project Accounting for new and on-going city projects.
13. 14. Administer and monitor financial activity to ensure that it reflects the adopted budget.
Coordinate the wind-down of the former Redevelopment Agency and help with financial reporting, budgeting, and Oversight Board actions.
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86 1106
Mission
To ensure quality customer service through responsible management of human resources and to promote the safety and well-being of employees, the workplace, and ultimately the community.
Department Goals
Accomplishments for 2021-22
Review, analyze, propose, revise, and enact changes to the City’s employment process to comply with new and current rules and regulations set by State and Federal laws.
1. 2. Work with the City Manager's Office to analyze vacant positions to determine appropriate hiring action.
3. Support departments to recruit, hire, retain, and promote the most qualified employees.
Support operating departments with navigating the impacts of the COVID-19 Pandemic, including compliance with various workplace standards and legislation.
4. Assist departments in managing employee performance, resolving labor disputes, and addressing grievances and disciplinary matters.
5. 6. Administer an effective classification and compensation system.
7. Assist in administration of collective bargaining agreements and resolutions with employee groups.
Develop and implement quality training programs to enhance the professional development of City employees.
8. Maintain the highest level of departmental efficiency by researching and implementing technological advances within the field of Human Resources.
9. Administer the City’s Trip Reduction Program to reduce mobile source emissions generated from employee commutes, and to comply with State and Federal Clean Air Act requirements.
10. Respond to all unemployment insurance claim requests for information, providing employee separation information that should be considered by the California Employment Development Department when determining unemployment insurance benefits eligibility.
11. Work with insurance broker to forecast, tailor, and negotiate the most appropriate, quality, and cost effective benefit programs and rates for employees.
12. Complied with all requirements of Families First Coronavirus Response Act and Assembly Bill 685, and partnered with all City departments to navigate personnel impacts of the COVID-19 pandemic.
1. Administered 100 recruitments, processed 6,783 employment applications, referred 672 qualified candidates to operating departments, and hired 131 new employees. (Based on calendar year data.)
2. 3. Conducted 78 background investigations. (Based on calendar year data.)
4. Coordinated anti-harassment training for 129 employees. (Based on calendar year data.
Achieved minimum wage law compliance by conducting a salary review and adjusting classifications affected by the new requirements of California’s minimum wage laws.
5. Organized the annual Employee Open Enrollment process electronically, which included processing over 288 benefit adjustments.
6. 7. Facilitated a virtual Employee Retirement Seminar.
City of Orange
Department Summary
Fiscal Year 2022-2023
Human Resources
87 1107
HUMAN RESOURCES
PERFORMANCE MEASURES/WORKLOAD INDICATORS
FY 20-21
Actual
FY 21-22
Estimated
FY 22-23
Estimated
Recruitments Administered 83 120 103
Employment Applications Processed 7,051 5,708 7,840
Qualified Candidates Referred to Hiring Managers 546 378 539 Background Investigations Completed 80 26 TBD
Employees Hired 111 66 104
Employee Retirements Processed 37 25 27
Open Enrollment Changes Processed 282 288 294
Employees Participating in the Trip Reduction Program 113 95 110 City’s Average Vehicle Ridership Score 1.58 1.50 1.50
88 1108
The Human Resources Department is comprised of 1 division/program.
ADMINISTRATION
Human Resources Administration is responsible for the recruitment and selection of a qualified workforce, contract negotiations and administration, job classification and compensation, employee training and development, employee benefits administration, State and Federal employment law compliance, and employee relations. Self Insurance/Employee Benefits provides for payment of dental insurance and unemployment claims. Outside administration of dental claims is also provided under this program.
Service Objectives
Establish hiring policies and practices and provide a process for departments to recruit, select, develop and retain qualified employees.
1. 2. Apply the highest pre-employment background investigation review standards.
Establish and maintain job classification and compensation programs commensurate with the City’s Strategic Plan.
3. Administer and review employee benefit programs and plans including all retirement, medical, dental, vision, life, and disability insurance plans.
4. Meet and confer with employee bargaining groups to resolve labor issues related to employee wages, hours, and working conditions.
5. 6. Ensure compliance with State and Federal laws that impact the workforce.
7. Assist with the process of addressing and resolving employee relations issues within the workplace.
8. Develop and implement training programs to support employee growth and development.
Recognize long-term employees and their loyalty and contributions to the City through the Employee Service Award program.
9. Meet regional emission reduction goals through administration of the City’s Trip Reduction/Rideshare Program.
10. 11. Minimize unemployment insurance benefits claim costs.
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89 1109
Mission
To effectively support City departments in the state-of-the-art creation, modification, transmittal, storage, retrieval, and collection of data resources and other information critical to efficient City operations.
Department Goals
Accomplishments for 2021-22
Investigate, implement, and maintain reliable information systems that help improve the City’s product and service delivery.
1. Provide Orange residents, business owners, and interested outside companies and individuals with accurate and accessible public information.
2. Improve and enhance network communications within and between City departments and City employees.
3. 1. Assisted in the implementation of an agenda management system.
Assisted efforts to deploy equipment in the Council Chambers for new voting technology and adoption for Council Districts.
2. 3. Continued expanding Geographic Information Systems (GIS) functionality across city operations.
Continued engagement with consulting resource for the City's evaluation and replacement of current maintenance management system with emphasis on requirements, RFP, and selection.
4. 5. Completed RFP, selection, and implementation of Security Operations as a service.
6. Completed RFP, selection, and award of contract for the Access Control System.
7. Assisted Traffic Management with server and storage system upgrade.
Assisted in the migration from current in-car video to integrated in-car and body-worn video for the Police Department.
8. 9. Upgraded 120 Orange Library patron PCs to Windows 10 and Office 2019, enhancing security.
10. Completed the Surveillance Camera Installation project at Plaza Park.
Completed selection and replacement of VoIP phone support provider along with major upgrade of the Mitel VoIP platform.
11. Expanded VoIP phone system functionality for mobile phone connectivity, softphones enabling flexible work-from-home and outside office connectivity.
12. City of Orange
Department Summary
Fiscal Year 2022-2023
Information Technology
90 1110
The Information Technology Department is comprised of 1 division/program.
INFORMATION MANAGEMENT
The Information Management Services program assists city departments with the City’s various data development, collection, and retrieval systems. The program provides technical support to the City’s computer network, servers, personal computers, printers, the City’s website, specialized technologies of specific city departments (image systems, records management and dispatch systems, library automation systems, etc.), and software associated with each operation.
Service Objectives
Maintain current service level of responding to all city calls for after-hour emergency Information Technology (IT) support within 30 minutes.
1. Maintain current service level of responding to all city employee desktop computer problem requests within four hours.
2. Maintain and continue to enhance the City’s website to ensure that it is an effective communication tool to the residents and businesses of Orange.
3. Evaluate technology resources in the marketplace to determine appropriate technology upgrades to ensure city business needs are being met.
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91 1111
Mission
Together we strive to preserve local history and to provide equal access to information, ideas and knowledge through books, programs and technology. Department Goals Accomplishments for 2021-22
Provide centralized information, resources, and staff to serve the community to meet their information and literacy needs. Also, to provide library cardholders timely and convenient electronic access to the library’s catalog, website, databases, and electronic resources.
1. 2. Provide cultural and educational programs for children, teens, and adults.
Provide books, magazines, CDs, DVDs, and other materials for library cardholders to borrow, free of charge. Also, to collect, preserve, and promote a variety of materials documenting the City’s history.
3. 4. Provide friendly and welcoming library facilities for the community to enjoy.
Promote collaborations with volunteers, community groups, and educational institutions to enhance sharing of information and/or resources. Encourage and facilitate community partnerships to raise financial support for library facilities, materials, services, and programs.
5. Continued service recoveries from COVID-19 crisis and adapted services as needed to meet community needs and comply with health ordinances, such as the reopening of the Library's homework centers and Taft Branch Library, and the expansion of operating hours at all locations.
1. Collaborated with OUSD to present a “grab-and-go” Lunch at the Library summer program at the El Modena Branch Library that served 1,557 meals to children during the pandemic.
2. Expanded the Library's technology to address digital inequity during the pandemic through the addition of hotspots and laptops, via funding received from the California State Library's CARES Hotspots and Chromebooks Grant.
3. Celebrated local history at Heritage Days and 75 Years of OC Equal Rights: Mendez v. Westminster programs, DIY photo preservation and oral history workshops, and collaborations with other City departments and local historical groups.
4. Expanded Adult Literacy Program services through new and upgraded study room spaces for learners and volunteers at all Library locations.
5. Presented Nuestras Voces/Our Voices series of exhibits and programs at the El Modena Branch Library to celebrate the Latin American presence in Orange, via funding received from California Humanities' Library Innovation Lab Grant.
6. Expanded early literacy and STEAM collections, materials, programming, and spaces for children and teens, including the addition of media equipment to the rebranded Teen Innovation Lab, via funding received from the California State Library’s Shared Vision Grants.
7. Improved customer service through the initiation of automatic renewals to assist patrons in avoiding accumulation of extended use fees.
8. Refreshed the Tannas Family Children’s Garden with installation of furniture to increase seating and provide a more inviting space for children and their families.
9. Coordinated donation drives for local nonprofits and organizations, including the Community Action Partnership of OC, OC Animal Care and American Red Cross, to help the residents of Orange and surrounding communities.
10. City of Orange
Department Summary
Fiscal Year 2022-2023
Library
92 1112
LIBRARY
PERFORMANCE MEASURES/WORKLOAD INDICATORS
FY 20-21
Actual
FY 21-22
Adopted
FY 22-23
Estimated
Library visits 76,152 198,216 198,216
Library card holders 61,144 58,735 58,735
Library cards issued 3,397 5,128 5,128
New/donated items processed 2,396 5,676 5,676
Items borrowed/downloaded 302,126 298,290 298,290
Reference questions answered 10,470 15,606 15,606
Local history questions answered 160 164 164
Public computer and wireless sessions 70,055 110,162 110,162 Library website visits 157,726 157,126 157,126
Database searches 154,826 112,442 112,442
In-person/virtual programs presented 163 214 214
Program attendance 9,979 12,634 12,634
Summer Reading Club participants 472 478 478
Lunch at the Library meals served 1,107 1,557 1,557
Outreach visits to community 0 18 18
Outreach attendance 0 4,668 4,668
Volunteer hours 2,351 7,818 7,818
Adult Literacy Program tutor-learner session hours 384 358 358 Meeting and study room reservations 1,328 5,214 5,214
93 1113
The Library Department is comprised of 5 divisions/programs.