3;kc,25,Eggolk
Agenda Item No: 1.j
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: February 17, 2026
Submitted by: Crystal Adams
From: Fire and Life Safety Department
Subject:
AGREEMENT WITH TABLET COMMAND, INC. FOR MOBILE INCIDENT COMMAND AND
RESPONSE SOFTWARE SYSTEM
Financial Impact:
Fiscal Impact:
Expense: $46,500.00
Budget: $46,500.00 Fire Impact Fees
Summary:
Tablet Command is a mobile incident command and response platform that enhances situational awareness, improves firefighter accountability, and streamlines incident management. This software is used by all surrounding Placentia -area fire agencies and integrates automatically within those agencies, enabling coordination and more efficient mutual aid operations. This purchase improves interoperability with neighboring agencies and modernizes the Fire Department's emergency response capabilities both in and outside of city limits.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Approve a Purchase Order with Tablet Command, Inc. for the Fiscal Year 2025-2026 implementation and subscription for $46,500.00; and
2. Authorize the City Administrator, and/or her designee, to execute all necessary documents, in a form approved by the City Attorney.
Strategic Plan Statement:
Strategic Goal 2: Public Safety
Discussion:
Tablet Command is a mobile incident command and response platform that enhances situational awareness, streamlines incident management, and improves firefighter accountability. The software is currently in use by surrounding fire agencies and automatically integrates with those agencies, enabling seamless coordination and more efficient mutual aid operations.
The software provides real-time tracking of resources, personnel, and incident timelines. 1 Purchasing this software would align Placentia Fire and Life Safety resources alongside the resources of other fire agencies in Orange County, promoting efficiency when providing or receiving mutual aid.
With this software, mutual aid responders are able to access incidents immediately upon arrival and independently allocate their resources on an active incident. The total requested amount is $46,500, which includes a one-time software cost of $15,500 and an annual subscription fee of $31,000. The system would be supported by iPads installed on all six (6) fire apparatus, with a mobile application version available for use on command staff and utility vehicle cell phones. This investment supports interoperability with neighboring agencies, improves incident command functionality, and streamlines the department's response capabilities in relation with other surrounding fire agencies.
Fiscal Impact Summary:
The cost of the agreement through Fiscal Year 2025-2026 is $46,500.00. Funding for the initial implementation and first year of licensing would be allocated from Fire Impact Fees. Future subscription funding will be requested in future fiscal years' budgets.
Attachments
Tablet Command Service Agreement.pdf
2 Tablet Command, Inc.
Service Agreement
63 Tablet Command
This Service Agreement ("Agreement") is entered into as of ("Effective Date") by and between Tablet Command, Inc. (the "Company") and (the "Customer"). Company and Customer shall be individually referred to as a "Party" and collectively referred to as the "Parties".
Whereas, an important value of the Customer is to operate a strong, sustainable, reliable, shared notification, response, and incident management system.
Whereas, the Customer believes that a common or shared notification, response, and incident management will produce a more reliable and standardized operational picture and benefit response personnel as a whole.
Whereas, both Parties recognize that a relationship described herein may be mutually beneficial.
Now therefore, in consideration of the mutual promises contained herein, the Parties agree as follows:
1. Services. During the Term Company will provide the following "Services": account activation, including CAD integration and testing, account configuration, mobile device authentication, integration to third party solutions (staffing, pre -planning, etc.) as outlined in the quote(s) provided, initial training and orientation, access to the Tablet Command SaaS services and applications for Authorized Users, and ongoing customer support.
2. Customer Obligations, Representations and Warranties. a. Customer users ("Authorized Users") will be required to agree via a click -through agreement to the terms of the Apple Standard End User License Agreement ("EULA"), the content of which is available at https://www.apple.com/legal/internet- services/itunes/dev/stdeula. The terms of this Agreement and the EULA are binding on the Customer and each Authorized User. In the event of a conflict between the terms of this Agreement and the EULA, the terms of this Agreement shall control.
b. In connection with the provision of the Services to Customer, Customer agrees to direct incident data to https://api.tabletcommand.com . c. Customer will not use the Services, or any of the content obtained from the Services, for any purpose that is unlawful or prohibited by this Agreement. d. The Customer acknowledges and agrees that:
i. the Services are provided "as is" to assist the Customer's incident commander(s), its personnel and other responders in response, managing incident resources, references, and tracking;
ii. the Customer remains fully responsible for all aspects of incident command, accountability, resource tracking, and incident management, including assignments, actions, and circumstances on the scene of an emergency incident;
iii. the Services are designed to assist with notification, response, incident management, and the documentation and tracking of resources; 3 iv. the Customer agrees to utilize sound incident command tactics, procedures, and best practices while ensuring that personnel are adequately trained in both incident command principles and the effective use of the Services; and
v. the Services are not a substitute for the responsibilities of Customer described above or any other responsibilities or training of Customer's incident commander(s), personnel and other responders and Authorized Users in response to incidents in which any or some of them are involved. e. The Customer also understands that while the Services are designed to operate in a non -connected state, certain functionality of the Services will be limited or entirely non-functional. Specifically, the Customer acknowledges and understands that during periods of disconnection, the Services may not receive updates regarding resources, Computer -Aided Dispatch (CAD) information, or data from other devices that may be viewing or contributing to the incident. f. The Customer acknowledges that factors beyond the Services control may affect the functionality of the Device (defined below). Such Device may lose power, and its operability may be compromised by high heat, moisture, accidental breakage, or other environmental factors. The Customer acknowledges and agrees that the Customer's overall incident management planning will need to account for these potential limitations.
g. Customer must train all Authorized Users on proper use of the Services to ensure such Authorized Users have the skills and competencies needed to properly use the Services. Only Authorized Users who are trained on the Services may use the Services. Company will provide initial training and orientation on the Services to a group of Authorized Users selected by Customer. Customer is responsible for training all other Authorized Users on the Services.
3. License Grants and Restrictions.
a. License Right. During the Term, Company grants Customer a revocable, non- exclusive, non-transferrable, non -assignable limited right to install and use the Services on a computer or device controlled by an Authorized User (each a "Device"), and to access and use the Services on such Device strictly in accordance with the terms and conditions of this Agreement for the purpose of assisting users in managing their human resources and apparatus during an emergency.
b. Restrictions. Customer shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Services; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the Services; or (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Services or otherwise obscure or modify the manner in which the material is displayed by means of the Services.
c. License to Company. During the Term, Customer grants Company an irrevocable, royalty -free, fully paid-up right to view, record, and analyze Customer's use of the Services, including but not limited to technical information about the Tablet Command Service Agreement
v. 2024-11-26
2 4
Devices (including Device UUID), computer, physical location, system and application software, and peripherals.
d. Restricted Use of the Services. The Services are not a substitute for sound fire management techniques and practices in emergency situations. Customer agrees not to use, access, sell, resell, or offer for any commercial purposes, any portion of the Services. Customer agrees not to rely on the Services other than to manage its resources during an emergency. Company is not responsible for any Customer failures outside its control, including, but not limited to, WIFI outage, the environment or "Acts of God". Company is responsible for the Services; provided, however, it is not responsible for providing the Services hereunder or the functionality of the Services when certain circumstances beyond its control arise, making performance inadvisable, impracticable, illegal, or impossible (i.e., "Acts of God").
e. General Practices Regarding Use and Storage.
i. The Company may establish general practices and limits concerning use of the Services. Customer and its Authorized Users will use the Services in compliance with all applicable international, state, federal and local laws and in accordance with the terms of this Agreement. No Authorized User may access or use the Services for any purpose other than that for which the Company makes it available. Without limiting any other remedies, the Company may suspend or terminate any Authorized User account if the Company suspects that an Authorized User has engaged in unlawful or prohibited activity in connection with the Services. The Company acknowledges and understands that certain portions of the Services may require and utilize internet access, phone service, data access or text messaging capability. Customer is solely responsible for obtaining and maintaining its access to the foregoing systems.
ii. The Company may terminate an Authorized User's account in its absolute discretion and for any reason. The Company is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of this Agreement; (2) use of the Services in a manner inconsistent with the license right set forth above; (3) an Authorized User's request for such termination; or (4) as required by law, regulation, court or governing agency order. Any termination may be affected without notice and, on such termination, the Company may immediately deactivate or delete such Authorized User's account and/or prohibit any further access to files or data from such account. The Company shall not be liable to the Customer, any Authorized User or any other third party for any termination of an Authorized User's access or account hereunder. In addition, an Authorized User's request for termination will result in deactivation but not necessarily deletion of the account.
f. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Tablet Command Service Agreement
v. 2024-11-26
3 5
Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
4. Fees. Company shall provide the Services and the Services in consideration for the fees set forth in the quote(s) provided to and approved by the Customer. Each such quote shall be attached hereto as an Exhibit A. Company will issue periodic invoices and Customer agrees to pay such amounts within thirty (30) days of receipt. Any invoices that remain unpaid more than thirty (30) days past their due date shall incur interest at the rate equal to the lower of 15% per year or the maximum rate allowed by applicable law.
5. Term. The term of this Agreement will begin on the Effective Date and will continue until one year from the Effective Date ("Initial Term"). This Agreement shall renew automatically for additional one-year terms upon each anniversary of the Effective Date unless either party provides notice for non -renewal at least ninety (90) days prior to the end of the then -current term ("Renewal Term"). The Initial Term and the Renewal Term are collectively referred to herein as the "Term." The terms and conditions included in Sections 2(d), 6, 7. 8, 12 and this Section 5 of this Agreement shall survive any termination of this Agreement.
6. Confidentiality and Data Security.
a. "Confidential Information" means any non-public information that relates to Company or Customer, as applicable, including without limitation, technical data, know-how, trade secrets, product plans, markets, services offerings, customer lists and customers, software, research and developments, inventions, processes, formulas, designs, drawings, hardware configurations or finances. Confidential Information does not include information that (i) is known to either Party at the time of disclosure as evidenced by written records, (ii) has become publicly known and made generally available through no wrongful act of the receiving Party or (iii) has been rightfully received by a Party from a third party who is authorized to make such disclosure.
b. Nonuse and Nondisclosure. Neither Party will during or subsequent to the term of this Agreement, (i) use the Confidential Information for any purpose other than the performance of this Agreement or (ii) disclose Confidential Information to any third party. Confidential Information will remain the sole property of the disclosing Party. Each Party agrees to take all reasonable precautions to prevent any unauthorized disclosure or use of such Confidential Information. c. Permitted Disclosure. Notwithstanding the restrictions on use and disclosure of Confidential Information in 6.b, a Party may disclose Confidential Information as necessary to comply with a legal demand or obligation (e.g., subpoena, civil investigative demand) so long as such Party provides at least five (5) business days prior written notice of such disclosure to the other Party (to the extent legally permitted) and any assistance reasonably requested by the other Party to contest or limit the disclosure. Company acknowledges and understands that the Customer is a public agency subject to the disclosure requirements of the California Public Records Act, Government Code section 7920.000 et seq. ("CPRA"). If the Customer receives a request for information or records that Company may consider Confidential (e.g., proprietary information), the Customer will provide notice to Company pursuant to this section prior to disclosure. If Tablet Command Service Agreement
v. 2024-11-26
4 6
Company contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it may obtain a protective order, injunctive relief or other appropriate remedy from a court of law in the appropriate jurisdiction before the Customer is required to respond to the CPRA request.
d. Remedies. In addition to the procedures for a CPRA request specified in Section
6.c above, if a Party discloses or uses (or threatens to disclose or use) Confidential Information, the Party whose Confidential Information is or may be disclosed or used will have the right, in addition to any other remedies under this Agreement, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the Parties that other available legal remedies are inadequate.
7. Ownership. The Parties agree that the Services and all copyrights, moral rights, notes, records, drawings, designs, inventions, improvements, developments, discoveries, computer programs (e.g. source code, object code, listings), work -in -progress, deliverables, drawings, designs, logos, images, trademarks, and trade secrets conceived, discovered, developed or reduced to practice by Company (collectively, "Inventions"), solely or in collaboration with others, are the sole property of Company, except the extent of any Customer Confidential Information.
8. Indemnity; Disclaimer; Limitations of Liability.
a. Indemnification by Customer. The Customer shall indemnify, defend and hold harmless the Company, and its affiliates and their respective officers, employees and agents, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, due to or arising out of Customer's or any Authorized User's acts or omissions arising out of the use of the Services; or any breach of this Agreement.
b. Indemnification by Company. The Company agrees to indemnify, defend, and hold Customer harmless from and against any and all third -party claims, including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Customer, arising out of a claim that the Services infringe or misappropriate any United States or foreign patent, copyright, trade secret, trademark, or other proprietary right (an "Infringement Claim") except for any third party claims that are directly or indirectly related to (i) Customer's use of the Services in breach of this Agreement, (ii) Customer's use of the Services in combination with other products or services not explicitly approved by the Company, or (iii) Customer's modification of the Services without the explicit consent of Company. In the event that the Company is enjoined from delivering either preliminary or permanently, or continuing to license to Customer, the Services and such injunction is not dissolved within thirty (30) days, or in the event that Customer is adjudged, in any final order of a court of competent jurisdiction from which no appeal is taken, to have infringed upon or misappropriated any patent, copyright, trade secret, trademark, or other proprietary right in the use of the Services, then the Company may, at its expense and option: (a) obtain for Customer the right to continue using the Services; (b) replace or modify the Services so that it does not infringe upon or misappropriate such proprietary right and is free to be delivered to and used by Customer; or, (c) in the event that the Company is unable or determines, in its reasonable judgment, Tablet Command Service Agreement
v. 2024-11-26
5 7
that it is commercially unreasonable to do either of the aforementioned, the Company shall reimburse to Customer the unused portion of the fees paid for the Services.
c. Indemnification Procedures. Promptly after receipt by Customer of a threat of any Infringement Claim, or a notice of the commencement, or filing of any Infringement Claim against Customer, Customer shall give notice thereof to the Company, provided that failure to give or delay in giving such notice to the Company shall not relieve the Company of any liability it may have to Customer except to the extent that the Company demonstrates that the defense of such action is prejudiced thereby. Customer shall not independently defend or respond to any such claim; provided, however, that Customer shall have the right, at its own expense, to monitor the Company's defense of any such claim. The Company shall have sole control of the defense and of all negotiations for settlement of such action. At the Company's request, Customer shall cooperate with the Company in defending or settling any such action; provided, however, that the Company shall reimburse Customer for all reasonable out-of-pocket costs incurred by Customer (including, without limitation, reasonable attorneys' fees and expenses) in providing such cooperation.
d. DISCLAIMER. EACH PARTY DISCLAIMS ANY AND ALL WARRANTIES AND
INDEMNITIES, EXPRESS OR IMPLIED, IN THE PROVISION OF SERVICES
HEREUNDER, INCLUDING THE IMPLIED WARRANTIES OF NON -
INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. THE CUSTOMER'S AND EACH AUTHORIZED USER'S USE OF THE SERVICES IS AT THEIR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY ASSUMES NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR
FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. SPECIFICALLY, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS AND (ii) ANY
AUTHORIZED USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR -FREE. EXCLUDING ONLY DAMAGES ARISING OUT OF THE
COMPANY'S WILLFUL MISCONDUCT, THE COMPANY SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES RESULTING FROM THE CUSTOMER'S OR ANY
AUTHORIZED USER'S USE OR INABILITY TO USE ANY SERVICES OR SERVICES THEREON. SCHEDULED AND PREVENTIVE MAINTENANCE AS
WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY
TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE SERVICES.
THE COMPANY IS NOT RESPONSIBLE FOR CUSTOMER'S OR ANY
AUTHORIZED USER'S USE OF THE SERVICES OR THE DECISIONS AND
INCIDENT MANAGEMENT OF THE CUSTOMER OR ANY OF ITS AUTHORIZED USERS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES
INCURRED BY CUSTOMER, ANY AUTHORIZED USER OR ANY THIRD PARTY CAUSED BY THE IMPROPER USE OF THE SERVICES. THE SERVICES ARE
SUBJECT TO WIFI UNAVAILABILITY, INCLUDING EMERGENCIES, THIRD
PARTY SERVICE FAILURES, TRANSMISSION, EQUIPMENT OR NETWORK
PROBLEMS OR LIMITATIONS, INTERFERENCE, SIGNAL STRENGTH, AND MAINTENANCE AND REPAIR. COMPANY IS NOT LIABLE FOR ANY ISSUES Tablet Command Service Agreement
v. 2024-11-26
6 8
ARISING FROM THIRD -PARTY INTEGRATIONS OR SERVICES USED IN
CONJUNCTION WITH THE SERVICES OR CUSTOMER OR ITS AUTHORIZED
USERS' USE OF THE SERVICES NOT IN ACCORDANCE WITH TERMS OF THIS AGREEMENT.
e. LIMITATION OF LIABILITY. In no event shall the Company's total cumulative liability to the Customer, any authorized user or any other party under this agreement, arising out of the use of the Services or otherwise exceed the amounts paid by the Customer to the Company under this Agreement in the preceding 12 months prior the applicable claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to the Company. The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behavior, negligence or any other course of action by the company. Any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
9. Privacy Compliance.
a. Personal Information Defined. "Personal Information" for purposes of this Agreement means information that the Company processes on Customer's behalf that identifies, relates to, describes, or is reasonably capable of being associated with or linked to a particular identifiable person or household and includes, without limitation, "personal information" as defined by the California Consumer Privacy Act of 2018, as amended, and as defined by the Personal Information Protection and Electronic Documents Act (Canada), but excludes such information of Customer's business representatives that the Company collects and processes for its own purposes (e.g., billing, technical support, marketing). For avoidance of doubt and not limitation, de -identified or aggregated information that is no longer reasonably capable of being associated with or linked to a particular identifiable person or household ("Anonymized Information") will not be deemed Personal Information even if such information was derived from Personal Information. The Company will not attempt to re -identify the persons associated with Anonymized Information and may use and disclose Anonymized Information without limitation or restriction.
b. Restrictions on Use. Unless specifically directed or authorized by Customer, the Company will not (i) sell or share (for cross -context behavioral advertising purposes) Personal Information; (ii) retain, use, or disclose Personal Information for any purpose other than the specific purpose of performing the Services, including retaining, using, or disclosing Personal Information for a commercial purpose other than providing the Services; (iii) retain, use, or disclose Personal Information outside of the direct business relationship between the Parties; or (iv) combine the Customer's Personal Information with personal information the Company processes on behalf of third parties or itself to the extent prohibited by Tablet Command Service Agreement
v. 2024-11-26
7 9
applicable privacy and data security laws. Notwithstanding the foregoing, the Company may retain, use, or disclose Personal Information as reasonably necessary to fulfill or demonstrate compliance with its legal obligations. c. Consent for Use. The Customer will provide all notices and obtain all consents required by applicable laws and regulations for the Company to process Personal Information in connection with the Services including, without limitation, the Company's transfer to and processing of Personal Information in the United States of America, Canada, and Australia. The Customer and each Authorized User will use the Services in compliance with all applicable laws and regulations. d. Data Security. The Company will implement reasonable administrative, technical, and physical safeguards to protect Personal Information in its possession or control from unauthorized or unlawful access, disclosure, or use (a "Data Breach"). Without limiting the generality of the foregoing, the Company will (i) encrypt all Personal Information while in transit from/to the Customer or a third party designated by the Customer via SSL 256 bit AES encryption or equivalent; (ii) store Personal Information on server(s) located in SSAE 16 certified data center(s); and (iii) not disclose Personal Information to third -party subcontractors unless such subcontractors have entered into a written agreement with the Company imposing privacy, data security, and confidentiality obligations on such subcontractors no less stringent than those imposed on the Company in this Agreement. The Customer gives consent to the Company's use of subcontractors to process Personal Information on the Customer's behalf so long as the foregoing criteria are satisfied, and the Customer waives any right it may have under applicable privacy and data security laws to receive notice of the Company's appointment or removal of any subcontractor. The Customer will not knowingly introduce, or negligently permit to be introduced, into the Company's computer systems, databases, hardware, or software any virus, malware, ransomware, or other contaminants (including, but not limited to, codes, commands, instructions, devices, techniques, bugs, or flaw) that may be used to access, alter, delete, threaten, infect, damage, disable, or inhibit our full use of the Company's computer systems, databases, hardware, or software.
e. Data Breach. The Company will provide notice by email to Customer within seventy-two (72) hours after the Company confirms a Data Breach occurred relating to the Customer's Personal Information. The Company will provide information reasonably requested by the Customer to aid the Customer in making any necessary notices to impacted data subjects and/or governmental authorities. f. Cooperation. The Company will reasonably cooperate with Customer, at the Customer's cost, (i) in response to data subject requests for access, correction, deletion, or to exercise any other right provided by applicable laws and regulations to the use of such data subject's Personal Information and (ii) in response to the Customer's requests for assistance in connection with a data protection impact assessment, risk assessment, or similar analysis required by applicable privacy and data security laws. In the event the Company receives a data subject request relating to Personal Information, the Company will notify such data subject that it is unable to respond to the request without authorization from the Customer and will direct such data subject to contact the Customer directly to make the request. g. User IDs. The Customer will use best efforts to protect the confidentiality of user IDs, passwords, and other access credentials used by the Customer, or Tablet Command Service Agreement
v. 2024-11-26
8 10
Customer's employees, agents, representatives, and Authorized Users to access any of the services provided by the Company. The Customer will provide prompt notice to the Company of any actual or suspected compromised user IDs, passwords, or other access credentials. The Customer is responsible for all actions taken under its access credentials even if Customer did not authorize such actions. h. Notice of Noncompliance. The Company will provide notice to the Customer if the Company determines it can no longer process Personal Information in compliance with this Agreement or applicable privacy and data security laws. The Customer may, at Customer's cost and upon at least thirty (30) days prior written notice to the Company, take reasonable and appropriate steps to mitigate the Company's processing of Personal Information that is not in compliance with this Agreement or applicable privacy and data security laws. i. Audit. No more than once per twelve-month period, at the Customer's cost, the Customer or its designee may audit the Company's data security and privacy practices related to Personal Information. The Customer will provide at least thirty (30) days' prior written notice of its intent to conduct such audit and will reasonably cooperate with the Company to minimize disruption to the Company's day-to-day business operations as a result of such audit.
j. Personal Information Retention. Upon termination of the Customer's account, the Company will return or destroy, at the Customer's option, the Personal Information the Company processes on the Customer's behalf. Notwithstanding the foregoing, if return of such Personal Information is impractical, the Company may destroy such Personal Information. Further notwithstanding the foregoing, the Company may retain such Personal Information (i) stored in an archive or backup system until such Personal Information is deleted from such system in the normal course of the Company's business and (ii) as reasonably necessary to fulfill or demonstrate compliance with its legal obligations or to defend or pursue a legal claim.
k. Opt -In Data Disclosures. From time -to -time the Company may make available features or integrations that permit Customer to make certain data, which may include Personal Information, available to other Company customers or to third parties. If Customer opts -in to the use of such features or integrations, Customer authorizes and directs Company to make Customer's data available as explained during the opt -in process. Customer agrees that Company will have no liability to Customer related to data disclosed to other Company customers or third parties in connection with such features or integrations. Customer may withdraw its consent at any time by providing written notice to Company at the address for notice listed below, or via an email message sent to [email protected].
I. AVL Data. The Company is hereby authorized and directed to share Automatic Vehicle Location ("AVL") data with other Company customers. Customer acknowledges and agrees that Company will have no liability to Customer related to AVL data shared with other Company customers. Company acknowledges and agrees that Customer retains the ability to opt out of participation in this AVL data sharing agreement at any time by providing written notice to Company at the address for notice listed below, or via an email message sent to [email protected].
Tablet Command Service Agreement
v. 2024-11-26
9 11
10. Insurance. The Customer will maintain in force during the Term the insurance coverages as set forth on Exhibit B.
11. Records. The Company will maintain complete and accurate records in accordance with its then -current policies.
12. Miscellaneous.
a. Governing Law; Venue. This Agreement shall be governed by the laws of the State of California without regard to California's conflicts of law rules. The Parties agree that the exclusive venue for any dispute arising hereunder shall be the federal or state located in the City and County of San Francisco, California and the parties waive any objection to personal jurisdiction or venue in any forum located in that county.
b. Assignability. This Agreement may not be assigned by Customer, including by operation of law, without the prior written consent of the Company. The rights and liabilities of the parties hereto shall bind and inure to the benefit of their respective successors, executors and administrators.
c. Entire Agreement. The order form entered into by Customer is made subject to this Agreement. This Agreement, including such order form, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous written and oral agreements between the Parties regarding the subject matter of this Agreement. Except with regard to updates pursuant to Section 12(g), any waiver, modification, or amendment of any provision of this Agreement shall be effective only if in writing and signed by the Parties hereto. d. Publicity. Each party may issue press releases or otherwise publicly reference the other in advertising and marketing (such as Internet, TV, radio and print) including the use of quotations from key staff, pictures, and videos. e. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
f. Counterparts; Electronic Signatures. This Agreement may be executed electronically including by Customer's acceptance of an online order form that refers to this Agreement, and the Parties agree that they will accept signature by electronic transmission in lieu of original signatures and that the Agreement and any amendments hereto or order forms entered pursuant to this Agreement will have the same binding and enforceable effect with electronic signatures as they would have with original signatures.
g. Updates. Company may update this Agreement at any time by posting a new version to its website. Customer's continued use of the Services following such update will indicate Customer's acceptance of the updated Agreement. Company may, but is not required to, send an email notification regarding the updated Agreement to Customer. Customer may not amend, modify, or update this Agreement.
[signature page follows]
Tablet Command Service Agreement
v. 2024-11-26
10 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. The authorized representatives of the parties have signed this Agreement as of the Effective Date.
Customer Tablet Command, Inc.
By:
Name:
Title:
Address for Notice:
Tablet Command Service Agreement
v. 2024-11-26
By:
Name: William Pigeon
Title: Chief Executive Officer
Address for Notice:
Tablet Command, Inc.
1212 Broadway Plaza, Ste 2100
Walnut Creek, California 9459
11 13
EXHIBIT A
TABLET COMMAND QUOTE
Tablet Command Service Agreement
v. 2024-11-26
12 14
Tablet Command
Placentia Fire Department
401 E Chapman AVE
Placentia, CA 92870-6101
ORANGE
Api Weinert
Deputy Chief
aweinert©placentia.org
7142427889
Quote created: November 3, 2025
Quote expires: Februaryl, 2026
Total
Products & Services
DESCRIPTION
CAD Integration
Install/Configure (2 -Way)
TC Customer Onboarding
and Account Configuration
- Single Agency
User Training - On Site (per
Day)
CAD Interface License (2 -
Way)
Quote
Placentia Fire Safety - New Deal
$46,500.00
QUANTITY
1 1
UNIT PRICE DISCOUNT
$6,000.00
$2,000.00
3 $2,500.00
1 $8,000.00
/year
Tablet Command, Inc.
1212 Broadway Plaza
Suite 2100
Walnut Creek, CA 94596
United States
Sales Person:
Jake Pelk
jake©atabletcommand.com
877-998-2639
AMOUNT
$6,000.00
$2,000.00
$7,500.00
$8,000.00 /year
for 1year
15 DESCRIPTION QUANTITY UNIT PRICE DISCOUNT AMOUNT
Agency License (2 -Way) 1 $2,750.00 $2,750.00 /year
/year
TC Mobile usersl-50 1 $750.00 $750.00/year
/year for 1 year
Pro License (Tablet) 10 $500.00 $5,000.00 /year
/year for 1 year
Manage 10 $50.00 $500.00 /year
/year for l year
User Status to CAD 10 $200.00 $2,000.00 /year
/year for 1 year
Incident Sharing (Pioneer 2 $6,000.00 $12,000.00 /year
Pricing) - OCFA/MetroNet /year for 1 year
SUMMARY
Annual subtotal $31,000.00
One-time subtotal $15,500.00
Total $46,500.00
Comments
Purchase terms
Net 30
16 EXHIBIT B
INSURANCE REQUIREMENTS
During the term of the Agreement, the Company will maintain in force no less than the insurance coverages set forth as follows:
General Liability
General Aggregate:
Each Occurrence:
Automobile Liability
Hired/Non-Owned:
Errors & Omissions
General Aggregate:
Per Claim:
Per Occurrence:
Cyber Liability
General Aggregate:
Each Occurrence:
Tablet Command Service Agreement
v. 2024-11-26
$4,000,000
$2,000,000
$4,000,000
$4,000,000
$2,000,000
$2,000,000
$4,000,000
$2,000,000
13 17