Agenda packet — Redlands City Council, July 16, 2024 (part 10 of 10)

Construction noise impacts to the nearby sensitive receptors have been calculated through use of the RCNM and the parameters and assumptions detailed in Section 6.1 of this report including Table G – Construction Equipment Noise Emissions and Usage Factors. The results are shown below in Table I and the RCNM printouts are provided in Appendix C.

Table I – Construction Noise Levels at the Nearby Sensitive Receptors Construction Phase
Construction Noise Level (dBA Leq) at:

Home to South1 Home to Northeast2 Home to North3
Site Preparation 66 62 62
Grading 65 61 61
Building Construction 66 61 62
Paving 61 57 57
Painting 53 49 49
FTA Construction Noise Threshold 80 80 80
Exceed Thresholds? No No No
Notes:
1 The home to south is located as near as 530 feet from the center of the area disturbed. 2 The home to northeast is located as near as 870 feet from the center of the area disturbed. 3 The home to north is located as near as 840 feet from the center of the area disturbed.

Source: RCNM, Federal Highway Administration, 2006 (see Section 6.1 above for detailed description of modeling assumptions)

Table Ishowsthat greatest construction noise impacts would occur during the site preparation, with noise levels as high as 66 dBA Leq at the nearest home to the south and 62 dBA at the homes to the northeast and north. All calculated construction noise levels shown in Table I are within the FTA daytime construction noise standard of 80 dBA averaged over eight hours. Therefore, through adherence to the limitation of allowable construction times provided in Section 8.06.120(G) of the City’s Municipal Code, construction‐related noise levels would not exceed any standards established in the General Plan or Noise Ordinance nor would construction activities create a substantial temporary increase in ambient noise levels from construction of the proposed project. Impacts would be less than significant.

Operational‐Related Noise
In general, operation of the new reservoir tanks will be passive as there will be no equipment installed on the reservoir tanks that creates noise. The existing water tank will continue to function while the new reservoir tanks are constructed. Currently, maintenance on the existing water tank occurs on a monthly and as‐needed basis by City employees, that includes landscaping. No change would occur between the maintenance activities for the existing water tank and proposed reservoir tanks. As such, operation of the proposed project would not create any additional sources of noise, over which is currently being created, and no operational noise modeling was performed. As such, less than significant noise impacts would occur from operation of the proposed project.

Level of Significance
Less than significant impact.

Redlands Regular meeting of 07-16-24 2298 of 2362

Sunset Reservoirs Project, Noise Impact Analysis
City of Redlands

Page 25 ends

7.3 Generation of Excessive Groundborne Vibration
The proposed project would not expose persons to or generation of excessive groundborne vibration or groundborne noise levels. The following section analyzes the potential vibration impacts associated with the construction and operations of the proposed project.

Construction‐Related Vibration Impacts
The construction activitiesforthe proposed project are anticipated to include site preparation and grading of approximately 6.2 acres, building construction of the proposed reservoirs, paving of an onsite driveway and parking spaces, and application of architectural coatings. Vibration impacts from construction activities associated with the proposed project would typically be created from the operation of heavy off‐road equipment. The nearest sensitive receptor to the project site is a single‐family home that is located as near as 280 feet south of the area that would be disturbed as part of the proposed project Section 9.06.090(G) limits vibration activities to vibration levels that are not discernible at or beyond the boundary line of private property or at 150 feet from the vibration source if on a public space or public right of way. Based on these standards, there is potential that groundborne vibration may expose persons to excessive vibration levels. Since the City does not provide any quantitative vibration thresholds for what is considered discernible, the Caltrans vibration thresholds have been utilized in this analysis, which defines the threshold for building damage to structures at 0.5 inch per second PPV and the threshold for distinctly perceptible human annoyance of 0.24 inch per second PPV from transient sources.

The primary source of vibration during construction would be from the operation of a bulldozer. From Table H above a bulldozer would create a vibration level of 0.089 inch per second PPV at 25 feet. Based on typical propagation rates, the vibration level at the nearest sensitive receptors (280 feet to the south) would be 0.006 inch per second PPV, which would be below both Caltrans exceed both the 0.5 inch per second PPV threshold for damage to structures and the human annoyance threshold of 0.24 inch per second PPV. Impacts would be less than significant.

Operations‐Related Vibration Impacts
The proposed project would consist of the development of two new reservoir tanks. The on‐going operation of the proposed project would not include the operation of any equipment that creates vibration and would not include any other known vibration sources. Therefore, a less than significant vibration impact is anticipated from operation of the proposed project.

Level of Significance
Less than significant impact.

7.4 Aircraft Noise
The proposed project would not expose people residing or working in the project area to excessive noise levels from aircraft. The nearest airport is Redlands Municipal Airport that is located approximately 4.8 miles north of the project site. The project site is located outside of the 60 dBA CNEL noise contours of Redlands Municipal Airport. No impacts would occur from aircraft noise.

Level of Significance
No impact.

Redlands Regular meeting of 07-16-24 2299 of 2362

Sunset Reservoirs Project, Noise Impact Analysis
City of Redlands

Page 26 ends

8.0 REFERENCES
California Department of Transportation (Caltrans), Technical Noise Supplement to the Traffic Noise Analytics Protocol, September 2013.

California Department of Transportation, Transportation and Construction Vibration Guidance Manual, April 2020.

Coffman Associates, Airport Layout Plan Narrative Report for San Bernardino International Airport, November 2010.

City of Redlands, City of Redlands General Plan 2035, Adopted December 5, 2017.

City of Redlands, City Code of Redlands, California, December 17, 2019.

Federal Transit Administration, Transit Noise and Vibration Impact Assessment, September 2018.

U.S. Department of Transportation, FHWA Roadway Construction Noise Model User’s Guide, January, 2006.

Redlands Regular meeting of 07-16-24 2300 of 2362

Sunset Reservoirs Project, Noise Impact Analysis
City of Redlands
Appendix A

APPENDIX A
Field Noise Measurements Photo Index
Redlands Regular meeting of 07-16-24 2301 of 2362
Noise Measurement Site 1 - looking north Noise Measurement Site 1 - looking northeast Noise Measurement Site 1 - looking east Noise Measurement Site 1 - looking southeast Noise Measurement Site 1 - looking south Noise Measurement Site 1 - looking southwest Noise Measurement Site 1 - looking west Noise Measurement Site 1 - looking northwest Redlands Regular meeting of 07-16-24 2302 of 2362
Noise Measurement Site 2 - looking north Noise Measurement Site 2 - looking northeast Noise Measurement Site 2 - looking east Noise Measurement Site 2 - looking southeast Noise Measurement Site 2 - looking south Noise Measurement Site 2 - looking southwest Noise Measurement Site 2 - looking west Noise Measurement Site 2 - looking northwest Redlands Regular meeting of 07-16-24 2303 of 2362

Sunset Reservoirs Project, Noise Impact Analysis
City of Redlands
Appendix B

APPENDIX B
Field Noise Measurements Printouts
Redlands Regular meeting of 07-16-24 2304 of 2362
Measurement Report
Report Summary
Meter's File Name 831_Data.003 Computer's File Name SLM_0002509_ Meter 831
Firmware 2.403
User GT Location
Description Sunset Reservoirs
Note SE of Existing Reservoir, approx 40 ft SW of Helen Ct Centerline and 20 ft north of fence for home at 13202 Bruder Ln Start Time 2023-08-28 15:25:46 Duration 0:15:00.0
End Time 2023-08-28 15:40:46 Run Time 0:15:00.0 Pause Time 0:00:00.0 Results
Overall Metrics
LAeq 46.8 dB
LAE 76.3 dB SEA --- dB
EA 4.8 µPa²h
LZpeak 96.0 dB 2023-08-28 15:25:46
LASmax 58.8 dB 2023-08-28 15:30:50
LASmin 43.8 dB 2023-08-28 15:32:52
LAeq 46.8 dB
LCeq 59.0 dB LCeq - LA eq 12.2 dB
LAI eq 49.5 dB LAI eq - LAeq 2.7 dB
Exceedances Count Duration
LAS > 65.0 dB 0 0:00:00.0
LAS > 85.0 dB 0 0:00:00.0
LZpeak > 135.0 dB 0 0:00:00.0
LZpeak > 137.0 dB 0 0:00:00.0
LZpeak > 140.0 dB 0 0:00:00.0
Community Noise LDN LDay LNight

46.8 dB 46.8 dB 0.0 dB
LDEN LDay LEve LNight

46.8 dB 46.8 dB --- dB --- dB
Any Data A C Z
Level Time Stamp Level Time Stamp Level Time Stamp
Leq 46.8 dB 59.0 dB 64.0 dB
Ls(max) 58.8 dB 2023-08-28 15:30:50 71.5 dB 2023-08-28 15:31:50 87.6 dB 2023-08-28 15:25:47 LF(max) 61.9 dB 2023-08-28 15:30:50 73.8 dB 2023-08-28 15:31:50 92.2 dB 2023-08-28 15:25:47 LI(max) 68.0 dB 2023-08-28 15:25:46 76.2 dB 2023-08-28 15:30:26 93.7 dB 2023-08-28 15:25:47 LS(min) 43.8 dB 2023-08-28 15:32:52 53.4 dB 2023-08-28 15:37:53 54.9 dB 2023-08-28 15:37:53 LF(min) 43.2 dB 2023-08-28 15:38:53 52.3 dB 2023-08-28 15:36:35 53.6 dB 2023-08-28 15:28:53 LI(min) 43.7 dB 2023-08-28 15:32:52 53.7 dB 2023-08-28 15:37:53 55.4 dB 2023-08-28 15:39:09 LPeak(max) 80.9 dB 2023-08-28 15:26:02 86.3 dB 2023-08-28 15:30:26 96.0 dB 2023-08-28 15:25:46 Overloads Count Duration OBA Count OBA Duration
0 0:00:00.0 0 0:00:00.0
Statistics
LAS 5.0 51.4 dB
LAS 10.0 48.1 dB
LAS 33.3 45.7 dB
LAS 50.0 45.3 dB
LAS 66.6 45.0 dB
LAS 90.0 44.4 dB
Redlands Regular meeting of 07-16-24 2305 of 2362
Measurement Report
Report Summary
Meter's File Name 831_Data.004 Computer's File Name SLM_0002509_831_Data_004.06.ldbin Meter 831
Firmware 2.403
User GT Location
Description Sunset Reservoirs
Note North of Existing Reservoir, at Teddy's Trail Trailhead, approx 15 ft north of Helen Ct CL Start Time 2023-08-28 15:49:20 Duration 0:15:00.0
End Time 2023-08-28 16:04:20 Run Time 0:15:00.0 Pause Time 0:00:00.0 Results
Overall Metrics
LAeq 51.3 dB
LAE 80.8 dB SEA --- dB
EA 13.4 µPa²h
LZpeak 98.5 dB 2023-08-28 15:49:20
LASmax 73.2 dB 2023-08-28 15:51:26
LASmin 29.6 dB 2023-08-28 15:57:31
LAeq 51.3 dB
LCeq 63.3 dB LCeq - LA eq 12.0 dB
LAI eq 55.3 dB LAI eq - LAeq 4.1 dB
Exceedances Count Duration
LAS > 65.0 dB 2 0:00:11.3
LAS > 85.0 dB 0 0:00:00.0
LZpeak > 135.0 dB 0 0:00:00.0
LZpeak > 137.0 dB 0 0:00:00.0
LZpeak > 140.0 dB 0 0:00:00.0
Community Noise LDN LDay LNight

51.3 dB 51.3 dB 0.0 dB
LDEN LDay LEve LNight

51.3 dB 51.3 dB --- dB --- dB
Any Data A C Z
Level Time Stamp Level Time Stamp Level Time Stamp
Leq 51.3 dB 63.3 dB 69.4 dB
Ls(max) 73.2 dB 2023-08-28 15:51:26 83.7 dB 2023-08-28 15:51:26 89.3 dB 2023-08-28 15:49:20 LF(max) 76.7 dB 2023-08-28 15:51:25 86.3 dB 2023-08-28 15:51:25 93.6 dB 2023-08-28 15:49:20 LI(max) 77.8 dB 2023-08-28 15:51:25 87.9 dB 2023-08-28 15:51:25 96.4 dB 2023-08-28 15:49:20 LS(min) 29.6 dB 2023-08-28 15:57:31 45.1 dB 2023-08-28 15:58:21 49.6 dB 2023-08-28 16:04:18 LF(min) 29.1 dB 2023-08-28 15:57:39 42.6 dB 2023-08-28 15:58:25 46.7 dB 2023-08-28 16:04:06 LI(min) 29.6 dB 2023-08-28 15:57:40 45.8 dB 2023-08-28 15:57:38 50.9 dB 2023-08-28 16:02:41 LPeak(max) 92.6 dB 2023-08-28 16:02:09 96.1 dB 2023-08-28 15:51:25 98.5 dB 2023-08-28 15:49:20 Overloads Count Duration OBA Count OBA Duration
0 0:00:00.0 0 0:00:00.0
Statistics
LAS 5.0 53.5 dB
LAS 10.0 48.0 dB
LAS 33.3 37.0 dB
LAS 50.0 35.4 dB
LAS 66.6 33.3 dB
LAS 90.0 30.8 dB
Redlands Regular meeting of 07-16-24 2306 of 2362

Sunset Reservoirs Project, Noise Impact Analysis
City of Redlands
Appendix C

APPENDIX C
RCNM Model Construction Noise Calculations
Redlands Regular meeting of 07-16-24 2307 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Site Preparation
---- Receptor #1 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to South Residential 46.8 46.8 46.8
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Dozer No 40 81.7 530 0
Dozer No 40 81.7 530 0
Dozer No 40 81.7 530 0
Backhoe No 40 77.6 530 0
Front End Loader No 40 79.1 530 0
Tractor No 40 84 530 0
Tractor No 40 84 530 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Dozer 61.2 57.2 N/A N/A N/A N/A
Dozer 61.2 57.2 N/A N/A N/A N/A
Dozer 61.2 57.2 N/A N/A N/A N/A
Backhoe 57.1 53.1 N/A N/A N/A N/A
Front End Loader 58.6 54.6 N/A N/A N/A N/A
Tractor 63.5 59.5 N/A N/A N/A N/A
Tractor 63.5 59.5 N/A N/A N/A N/A
Total 64 66 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2308 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Site Preparation
---- Receptor #2 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to Northeast Residential 51.3 51.3 51.3
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Dozer No 40 81.7 870 0
Dozer No 40 81.7 870 0
Dozer No 40 81.7 870 0
Backhoe No 40 77.6 870 0
Front End Loader No 40 79.1 870 0
Tractor No 40 84 870 0
Tractor No 40 84 870 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Dozer 56.9 52.9 N/A N/A N/A N/A
Dozer 56.9 52.9 N/A N/A N/A N/A
Dozer 56.9 52.9 N/A N/A N/A N/A
Backhoe 52.7 48.8 N/A N/A N/A N/A
Front End Loader 54.3 50.3 N/A N/A N/A N/A
Tractor 59.2 55.2 N/A N/A N/A N/A
Tractor 59.2 55.2 N/A N/A N/A N/A
Total 59 62 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2309 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Site Preparation
---- Receptor #3 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to North Residential 51.3 51.3 51.3
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Dozer No 40 81.7 840 0
Dozer No 40 81.7 840 0
Dozer No 40 81.7 840 0
Backhoe No 40 77.6 840 0
Front End Loader No 40 79.1 840 0
Tractor No 40 84 840 0
Tractor No 40 84 840 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Dozer 57.2 53.2 N/A N/A N/A N/A
Dozer 57.2 53.2 N/A N/A N/A N/A
Dozer 57.2 53.2 N/A N/A N/A N/A
Backhoe 53.1 49.1 N/A N/A N/A N/A
Front End Loader 54.6 50.6 N/A N/A N/A N/A
Tractor 59.5 55.5 N/A N/A N/A N/A
Tractor 59.5 55.5 N/A N/A N/A N/A
Total 60 62 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2310 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Grading
---- Receptor #1 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to South Residential 46.8 46.8 46.8
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Excavator No 40 80.7 530 0
Grader No 40 85 530 0
Dozer No 40 81.7 530 0
Backhoe No 40 77.6 530 0
Front End Loader No 40 79.1 530 0
Tractor No 40 84 530 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Excavator 60.2 56.2 N/A N/A N/A N/A
Grader 64.5 60.5 N/A N/A N/A N/A
Dozer 61.2 57.2 N/A N/A N/A N/A
Backhoe 57.1 53.1 N/A N/A N/A N/A
Front End Loader 58.6 54.6 N/A N/A N/A N/A
Tractor 63.5 59.5 N/A N/A N/A N/A
Total 65 65 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2311 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Grading
---- Receptor #2 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to Northeast Residential 51.3 51.3 51.3
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Excavator No 40 80.7 870 0
Grader No 40 85 870 0
Dozer No 40 81.7 870 0
Backhoe No 40 77.6 870 0
Front End Loader No 40 79.1 870 0
Tractor No 40 84 870 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Excavator 55.9 51.9 N/A N/A N/A N/A
Grader 60.2 56.2 N/A N/A N/A N/A
Dozer 56.9 52.9 N/A N/A N/A N/A
Backhoe 52.7 48.8 N/A N/A N/A N/A
Front End Loader 54.3 50.3 N/A N/A N/A N/A
Tractor 59.2 55.2 N/A N/A N/A N/A
Total 60 61 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2312 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Grading
---- Receptor #3 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to North Residential 51.3 51.3 51.3
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Excavator No 40 80.7 840 0
Grader No 40 85 840 0
Dozer No 40 81.7 840 0
Backhoe No 40 77.6 840 0
Front End Loader No 40 79.1 840 0
Tractor No 40 84 840 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Excavator 56.2 52.2 N/A N/A N/A N/A
Grader 60.5 56.5 N/A N/A N/A N/A
Dozer 57.2 53.2 N/A N/A N/A N/A
Backhoe 53.1 49.1 N/A N/A N/A N/A
Front End Loader 54.6 50.6 N/A N/A N/A N/A
Tractor 59.5 55.5 N/A N/A N/A N/A
Total 61 61 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2313 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Building Construction ---- Receptor #1 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to South Residential 46.8 46.8 46.8
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Crane No 16 80.6 530 0
Gradall No 40 83.4 530 0
Gradall No 40 83.4 530 0
Gradall No 40 83.4 530 0
Generator No 50 80.6 530 0
Backhoe No 40 77.6 530 0
Front End Loader No 40 79.1 530 0
Welder / Torch No 40 74 530 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Crane 60 52.1 N/A N/A N/A N/A
Gradall 62.9 58.9 N/A N/A N/A N/A
Gradall 62.9 58.9 N/A N/A N/A N/A
Gradall 62.9 58.9 N/A N/A N/A N/A
Generator 60.1 57.1 N/A N/A N/A N/A
Backhoe 57.1 53.1 N/A N/A N/A N/A
Front End Loader 58.6 54.6 N/A N/A N/A N/A
Welder / Torch 53.5 49.5 N/A N/A N/A N/A
Total 63 66 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2314 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Building Construction ---- Receptor #2 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to Northeast Residential 51.3 51.3 51.3
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Crane No 16 80.6 870 0
Gradall No 40 83.4 870 0
Gradall No 40 83.4 870 0
Gradall No 40 83.4 870 0
Generator No 50 80.6 870 0
Backhoe No 40 77.6 870 0
Front End Loader No 40 79.1 870 0
Welder / Torch No 40 74 870 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Crane 55.7 47.8 N/A N/A N/A N/A
Gradall 58.6 54.6 N/A N/A N/A N/A
Gradall 58.6 54.6 N/A N/A N/A N/A
Gradall 58.6 54.6 N/A N/A N/A N/A
Generator 55.8 52.8 N/A N/A N/A N/A
Backhoe 52.7 48.8 N/A N/A N/A N/A
Front End Loader 54.3 50.3 N/A N/A N/A N/A
Welder / Torch 49.2 45.2 N/A N/A N/A N/A
Total 59 61 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2315 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Building Construction ---- Receptor #3 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to North Residential 51.3 51.3 51.3
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Crane No 16 80.6 840 0
Gradall No 40 83.4 840 0
Gradall No 40 83.4 840 0
Gradall No 40 83.4 840 0
Generator No 50 80.6 840 0
Backhoe No 40 77.6 840 0
Front End Loader No 40 79.1 840 0
Welder / Torch No 40 74 840 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Crane 56.0 48.1 N/A N/A N/A N/A
Gradall 58.9 54.9 N/A N/A N/A N/A
Gradall 58.9 54.9 N/A N/A N/A N/A
Gradall 58.9 54.9 N/A N/A N/A N/A
Generator 56.1 53.1 N/A N/A N/A N/A
Backhoe 53.1 49.1 N/A N/A N/A N/A
Front End Loader 54.6 50.6 N/A N/A N/A N/A
Welder / Torch 49.5 45.5 N/A N/A N/A N/A
Total 59 62 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2316 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Paving
---- Receptor #1 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to South Residential 46.8 46.8 46.8
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Paver No 50 77.2 530 0
Paver No 50 77.2 530 0
Paver No 50 77.2 530 0
Paver No 50 77.2 530 0
Roller No 20 80 530 0
Roller No 20 80 530 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Paver 56.7 53.7 N/A N/A N/A N/A
Paver 56.7 53.7 N/A N/A N/A N/A
Paver 56.7 53.7 N/A N/A N/A N/A
Paver 56.7 53.7 N/A N/A N/A N/A
Roller 59.5 52.5 N/A N/A N/A N/A
Roller 59.5 52.5 N/A N/A N/A N/A
Total 60 61 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2317 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Paving
---- Receptor #2 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to Northeast Residential 51.3 51.3 51.3
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Paver No 50 77.2 870 0
Paver No 50 77.2 870 0
Paver No 50 77.2 870 0
Paver No 50 77.2 870 0
Roller No 20 80 870 0
Roller No 20 80 870 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Paver 52.4 49.4 N/A N/A N/A N/A
Paver 52.4 49.4 N/A N/A N/A N/A
Paver 52.4 49.4 N/A N/A N/A N/A
Paver 52.4 49.4 N/A N/A N/A N/A
Roller 55.2 48.2 N/A N/A N/A N/A
Roller 55.2 48.2 N/A N/A N/A N/A
Total 55 57 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2318 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Paving
---- Receptor #3 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to North Residential 51.3 51.3 51.3
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Paver No 50 77.2 840 0
Paver No 50 77.2 840 0
Paver No 50 77.2 840 0
Paver No 50 77.2 840 0
Roller No 20 80 840 0
Roller No 20 80 840 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Paver 52.7 49.7 N/A N/A N/A N/A
Paver 52.7 49.7 N/A N/A N/A N/A
Paver 52.7 49.7 N/A N/A N/A N/A
Paver 52.7 49.7 N/A N/A N/A N/A
Roller 55.5 48.5 N/A N/A N/A N/A
Roller 55.5 48.5 N/A N/A N/A N/A
Total 56 57 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2319 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Painting
---- Receptor #1 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to South Residential 46.8 46.8 46.8
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Compressor (air) No 40 77.7 530 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Compressor (air) 57.2 53.2 N/A N/A N/A N/A
Total 57 53 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.
---- Receptor #2 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to Northeast Residential 51.3 51.3 51.3
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Compressor (air) No 40 77.7 870 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Compressor (air) 52.9 48.9 N/A N/A N/A N/A
Total 53 49 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2320 of 2362
Roadway Construction Noise Model (RCNM),Version 1.1
Report date: 10/3/2023
Case Description: Sunset Reservoirs - Painting
---- Receptor #3 ----
Baselines (dBA)
Description Land Use Daytime Evening Night
Home to North Residential 51.3 51.3 51.3
Equipment
Spec Actual Receptor Estimated
Impact Lmax Lmax Distance Shielding
Description Device Usage(%) (dBA) (dBA) (feet) (dBA)
Compressor (air) No 40 77.7 840 0
Results
Calculated (dBA) Noise Limits (dBA)
Day Evening
Equipment *Lmax Leq Lmax Leq Lmax Leq
Compressor (air) 53.2 49.2 N/A N/A N/A N/A
Total 53 49 N/A N/A N/A N/A
*Calculated Lmax is the Loudest value.

Redlands Regular meeting of 07-16-24 2321 of 2362

MITIGATION MONITORING AND REPORTING PROGRAM
Sunset Reservoir Project

CITY OF REDLANDS, CALIFORNIA
Prepared for:

CITY OF REDLANDS
Municipal Utilities and Engineering Department
35 Cajon Street, Suite 15A
Redlands, CA 92373
Prepared by:

CHAMBERS GROUP, INC.
3151 Airway Avenue, Suite F208
Costa Mesa, California 92626
(949) 261-5414
May 2024
Redlands Regular meeting of 07-16-24 2322 of 2362
Mitigation Monitoring and Reporting Program
Sunset Reservoir Project
Chambers Group, Inc. 2
21413

MITIGATION MONITORING AND REPORTING PROGRAM
Public Resources Code, Section 21081.6 (Assembly Bill 3180) requires that mitigation measures identified in environmental review documents prepared in accordance with California Environmental Quality Act (CEQA) are implemented after a project is approved. Therefore, this Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure compliance with the adopted mitigation measures during the demolition and construction phases of Sunset Reservoir Project.

The City of Redlands is the agency responsible for implementation of the mitigation measures identified in the MND. This MMRP provides the City of Redlands with a convenient mechanism for quickly reviewing all the mitigation measures including the ability to focus on select information such as timing. The MMRP includes the following information for each mitigation measure:
 The phase of the project during which the required mitigation measure must be implemented;  The phase of the project during which the required mitigation measure must be monitored; and  The enforcement agency.

The MMRP includes a checklist to be used during the mitigation monitoring period. The checklist will verify the name of the monitor, the date of the monitoring activity, and any related remarks for each mitigation measure.

Redlands Regular meeting of 07-16-24 2323 of 2362
Chambers Group, Inc. 3
21413

Therefore, a qualified botanist must be retained by the Project applicant to conduct a protocol level focused plant survey prior to construction at the location of the water tanks to identify if any special status plant species are present on site. The focused plant survey shall be conducted during the appropriate blooming period or when each species is conspicuous and readily identifiable by a qualified botanist. If any special status plant species are observed, they will be mapped, counted, and recorded.

When feasible, construction activities will avoid impacts to the areas with special status plant species if found. The special status plants identified shall be protected by a buffer zone established by a qualified botanist prior to construction. If the qualified botanist determines that the special status plants cannot be avoided and a buffer zone cannot be established, then further mitigation for the impacted species will be required. This may include payment of an in-lieu fee, preservation of suitable habitat elsewhere off the Project site, collection of seeds, transplanting, or another form of mitigation as approved by the resource agencies.

Pre-Construction Construction City of Redlands LTS
Redlands Regular meeting of 07-16-24 2324 of 2362
Chambers Group, Inc. 4
21413

If construction activities must occur during nesting season, a preconstruction nesting bird survey shall be conducted prior to initiation of ground-disturbing activities. The survey shall be completed within 14 days prior to ground disturbing activities which consists of but are not limited to tree removal, trenching, and grading. The survey shall be scheduled with and conducted by a qualified biologist in coordination with the City and onsite construction manager.

During the survey, should nesting birds or their nests be encountered a minimum buffer zone around occupied nests should be determined by a qualified biologist to avoid impacts to the active nest. The buffer shall range at a minimum of 100 to 300 feet. The buffer should be maintained during physical ground-disturbing activities. Avoidance measures shall be implemented if the biologist finds that they are required to not impact the nests including but not limited to noise, activity, and design modifications, worker education, signage, buffers and/or temporary fencing. Once the biologist has determined that the nesting has ceased and the nestlings have fledged, the buffer may be removed.

Pre-Construction Construction City of Redlands LTS
Cultural Resources
CUL-1: The City shall retain the services of a Qualified Archaeologist, meeting the Secretary of the Interior Standards, or County requirements, whichever is the greater. The Qualified Archaeologist shall remain on-call throughout the Project. Upon approval or request by the City, a cultural resources mitigation plan (CRMP) outlining procedures for cultural resources monitoring, mitigation, treatment, and data recovery of any unanticipated discovery shall be prepared for the Project and submitted to the City for review and approval. The development and implementation of the CRMP shall include consultations with the City as well as a requirement that the curation of any significant cultural resources recovered under any scenario shall be through an appropriate repository agreed upon by the City. If the City accepts ownership, the curation location may be revised.

Pre-Construction Construction City of Redlands LTS
Redlands Regular meeting of 07-16-24 2325 of 2362
Chambers Group, Inc. 5
21413

MITIGATION MONITORING AND REPORTING PROGRAM
Sunset Reservoir Project
Mitigation Measure Implementation Phase Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Less than Significant (LTS)
Verification of Compliance
Initial Date Remarks
CUL-2: In the event of the discovery of previously unidentified and/or potential cultural resources, the City, and/or its Contractor, shall immediately cease all work activities within an area of not less than 50 feet of the discovery. The City or its Contractor shall immediately contact the City and the City-retained on-call Qualified Archaeologist. Except in the case of cultural items that fall within the scope of the California Health and Safety Code 7050.5, CEQA Section 15064.5, or California PRC Section 5097.98, the discovery of any cultural resource within the Project site shall not be grounds for a project-wide “stop work” notice or otherwise interfere with the Project’s continuation except as set forth in this mitigation measure. Additionally, any consulting Native American Tribal groups that requested notification of any unanticipated discovery of cultural resources on the Project shall be notified and included in subsequent consultation appropriately. In the event of an unanticipated discovery of cultural resources during construction, the City-retained Qualified Archaeologist shall evaluate the significance of the materials prior to resuming any construction-related activities in the vicinity of the find. If a CRMP is prepared for the Project, the protocols for mitigation or treatment of cultural resources will be implemented. If the Qualified Archaeologist determines that the discovery constitutes a significant resource under CEQA and it cannot be avoided, the City shall implement an archaeological data recovery program.

Construction Construction City of Redlands LTS
CUL-3: If cultural resources are encountered during the Project, the Qualified Archaeologist shall prepare a report summarizing any and all prehistoric or historic archaeological finds as well as providing follow-up reports of any finds to the South Central Coastal Information Center (SCCIC), as required.

Post-Construction Construction City of Redlands LTS
Redlands Regular meeting of 07-16-24 2326 of 2362
Chambers Group, Inc. 6
21413
Mitigation Measure Implementation Phase Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Verification of Compliance
Initial Date Remarks
Geology and Soils
PAL-1: Prior to issuance of a grading permit, the City shall be required to obtain the services of a Qualified Project Paleontologist to remain on call for the duration of the proposed ground disturbing construction activity.

The paleontologist selected must be approved by the City. Upon approval or request by the City, a paleontological mitigation plan (PMP) outlining procedures for paleontological data recovery shall be prepared for the Project and submitted to the City for review and approval. The development and implementation of the PMP shall include consultations with the District’s Engineering Geologist as well as a requirement that the curation of all specimens recovered under any scenario shall be through an appropriate repository agreed upon by the City. If the District accepts ownership, the curation location may be revised. The PMP shall include developing a multilevel ranking system, or Potential Fossil Yield Classification (PFYC), as a tool to demonstrate the potential yield of fossils within a given stratigraphic unit. The PMP shall outline the monitoring and salvage protocols to address paleontological resources encountered during Project-related ground-disturbing activities, as well as the appropriate recording, collection, and processing protocols to appropriately address any resources discovered.

Pre-Construction/Construction Construction City of Redlands LTS PAL-2: At the completion of all ground-disturbing activities, the Project Paleontologist shall prepare a final paleontological mitigation report summarizing all monitoring efforts and observations, as performed in line with the PMP, and all paleontological resources encountered, if any, as well as providing follow-up reports of any specific discovery, if necessary.

Post-Construction Construction City of Redlands LTS
Tribal Cultural Resources
TCR-1: Prior to the issuance of grading permits, the applicant shall enter into a Tribal Monitoring Services Agreement with the Morongo Band of Mission Indians (MBMI) for the Project. The Tribal Monitor shall be onsite during all ground-disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind). The Tribal Monitor shall have the authority to temporarily divert, redirect, or halt the ground-disturbing activities to allow identification, evaluation, and potential recovery of cultural resources.

Pre-Construction/Construction Construction City of Redlands LTS Redlands Regular meeting of 07-16-24 2327 of 2362
Chambers Group, Inc. 7
21413
Mitigation Measure Implementation Phase Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Less than Significant (LTS)
Verification of Compliance
Initial Date Remarks
TCR-2: Prior to any ground-disturbing activities (including, but not limited to, clearing, grubbing, tree and bush removal, grading, trenching, fence post replacement and removal, construction excavation, excavation for all utility and irrigation lines, and landscaping phases of any kind), and prior to the issuance of grading permits, the Applicant shall retain a Qualified Archaeologist who meets the U.S. Secretary of the Interior Standards (SOI). The Archaeologist shall be present during all ground disturbing activities to identify any known or suspected archaeological and/or cultural resources. The Archaeologist will conduct a Cultural Resource Sensitivity Training, in conjunction with the Tribe[s] Tribal Historic Preservation Officer (THPO), and/or designated Tribal Representative. The training session will focus on the archaeological and tribal cultural resources that may be encountered during ground-disturbing activities as well as the procedures to be followed in such an event.

Pre-Construction/Construction Construction City of Redlands LTS TCR-3: Prior to any ground-disturbing activities the project Archaeologist shall develop a Cultural Resource Management Plan (CRMP) and/or Archaeological Monitoring and Treatment Plan (AMTP) to address the details, timing, and responsibilities of all archaeological and cultural resource activities that occur on the project site. This Plan shall be written in consultation with the consulting Tribe[s] and shall include the following: approved Mitigation Measures (MM)/Conditions of Approval (COA), contact information for all pertinent parties, parties’ responsibilities, procedures for each MM or COA, and an overview of the project schedule.

Pre-Construction Construction City of Redlands LTS
TCR-4: The retained Qualified archeologist and Consulting Tribe[s] representative shall attend the pre-grade meeting with the grading contractors to explain and coordinate the requirements of the monitoring plan.

Pre-Construction Pre-Construction City of Redlands LTS
TCR-5: During all ground-disturbing activities the Qualified Archaeologist and the Tribal Monitor shall be onsite full-time. The frequency of inspections shall depend on the rate of excavation, the materials excavated, and any discoveries of Tribal Cultural Resources as defined in California Public Resources Code Section 21074. Archaeological and Tribal Monitoring will be discontinued when the depth of grading and the soil conditions no longer retain the potential to contain cultural deposits. The Qualified Archaeologist, in consultation with the Tribal Monitor, shall be responsible for determining the duration and frequency of monitoring.

Construction Construction City of Redlands LTS
Redlands Regular meeting of 07-16-24 2328 of 2362
Chambers Group, Inc. 8
21413
Mitigation Measure Implementation Phase Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Less than Significant (LTS)
Verification of Compliance
Initial Date Remarks
TCR-6: In the event that previously unidentified cultural resources are unearthed during construction, the Qualified Archaeologist and the Tribal Monitor shall have the authority to temporarily divert and/or temporarily halt ground-disturbance operations in the area of discovery to allow for the evaluation of potentially significant cultural resources. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed.

If a potentially significant cultural resource(s) is discovered, work shall stop within a 60-foot perimeter of the discovery and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. All work shall be diverted away from the vicinity of the find, so that the find can be evaluated by the Qualified Archaeologist and Tribal Monitor[s]. The Archaeologist shall notify the City and consulting Tribe[s] of said discovery. The Qualified Archaeologist, in consultation with the Lead Agency, the consulting Tribe[s], and the Tribal Monitor, shall determine the significance of the discovered resource. A recommendation for the treatment and disposition of the Tribal Cultural Resource shall be made by the Qualified Archaeologist in consultation with the Tribe[s] and the Tribal Monitor[s] and be submitted to the Lead Agency for review and approval. Below are the possible treatments and dispositions of significant cultural resources in order of CEQA preference:

A. Full avoidance.

B. If avoidance is not feasible, Preservation in place.

C. If Preservation in place is not feasible, all items shall be reburied in an area away from any future impacts and reside in a permanent conservation easement or Deed Restriction.

D. If all other options are proven to be infeasible, data recovery through excavation and then curation in a Curation Facility that meets the Federal Curation Standards (CFR 79.1)
Construction Construction City of Redlands LTS
Redlands Regular meeting of 07-16-24 2329 of 2362
Chambers Group, Inc. 9
21413
Mitigation Measure Implementation Phase Monitoring
Phase
Enforcement
Agency
Level of Significance
After Mitigation
Less than Significant (LTS)
Verification of Compliance
Initial Date Remarks
TCR-7: The Morongo Band of Mission Indians requests the following specific conditions to be imposed in order to protect Native American human remains and/or cremations. No photographs are to be taken except by the coroner, with written approval by the consulting Tribe[s].

A. Should human remains and/or cremations be encountered on the surface or during any and all ground-disturbing activities (i.e., clearing, grubbing, tree and bush removal, grading, trenching, fence post placement and removal, construction excavation, excavation for all water supply, electrical, and irrigation lines, and landscaping phases of any kind), work in the immediate vicinity of the discovery shall immediately stop within a 100-foot perimeter of the discovery.

The area shall be protected; project personnel/observers will be restricted. The County Coroner is to be contacted within 24 hours of discovery. The County Coroner has 48 hours to make his/her determination pursuant to State and Safety Code §7050.5. and Public Resources Code (PRC) § 5097.98.

B. In the event that the human remains and/or cremations are identified as Native American, the Coroner shall notify the Native American Heritage Commission within 24 hours of determination pursuant to subdivision (c) of HSC §7050.5.

C. The Native American Heritage Commission shall immediately notify the person or persons it believes to be the Most Likely Descendant (MLD). The MLD has 48 hours, upon being granted access to the Project site, to inspect the site of discovery and make his/her recommendation for final treatment and disposition, with appropriate dignity, of the remains and all associated grave goods pursuant to PRC §5097.98
D. If the Morongo Band of Mission Indians has been named the MLD, the Tribe may wish to rebury the human remains and/or cremation and sacred items in their place of discovery with no further disturbance where they will reside in perpetuity. The place(s) of reburial will not be disclosed by any party and is exempt from the California Public Records Act (California Government Code § 6254[r]). Reburial location of human remains and/or cremations will be determined by the Tribe’s MLD, the landowner, and the City Planning Department.

Construction Construction City of Redlands LTS
TCR-8: The final report[s] created as a part of the project (AMTP, isolate records, site records, survey reports, testing reports, etc.) shall be submitted to the Lead Agency and Consulting Tribe[s] for review and comment. After approval of all parties, the final reports are to be submitted to the Eastern Information Center, and the Consulting Tribe[s].

Post-Construction Construction City of Redlands LTS
Redlands Regular meeting of 07-16-24 2330 of 2362
City Council Meeting K. 4.

DATE: 07/16/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Master Service and Purchasing Agreement with Axon Enterprise, Inc. to purchase 105 Taser 10 conductive electrical weapons and required accessories for a total amount not to exceed of $549,724.94, and authorize the Police Chief to sign the agreement (Police Chief Tolber)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move to approve the Master Service and Purchasing Agreement with Axon Enterprise, Inc. and to authorize the Police Chief to sign the agreement.

RECOMMENDATION:

Staff recommends that Council approve the Master Service and Purchasing Agreement with Axon Enterprise, Inc. to purchase 105 Axon's Taser 10 conductive electrical weapons and required accessories in the amount not to exceed $109,944.98 for FY 2024-25, $109,944.98 for FY 2025-26, $109,944.98 for FY 2026-27, $109,944.98 for FY 2027-28 and $109,944.98 for FY 2028-29.

DISCUSSION:

The Redlands Police Department (RPD) has been using Conducted Electronic Weapons (CEW) for the past 23 years with great success. There are many instances where the use of a CEW has prevented a suspect or an officer from being injured. There have been cases where the use of the CEW saved a suspect from serious bodily injury or death. In those cases, the only other alternative would have been lethal force.

Redlands Regular meeting of 07-16-24 2331 of 2362
Our current CEW, the X26P has been in use by RPD department for the last 10 years and are outdated. When the department initially bought the X26P, only enough equipment was purchased for the officers at that time. Over time, as tasers were issued to new officers and civilian employees of the department additional tasers were bought on an as-needed basis. The X26P has a warranty that is good for five years and as RPD has purchased these tasers on an as-needed basis, there has been no consistency in the warranties, and have found the need to replace them regularly. Furthermore, RPD has noticed several malfunctions which could potentially create officer safety issues in the field.

Purchasing the Axon's Taser 10 (Taser 10) will provide the Redlands Police Department with the most up-to-date CEW device, providing almost double the range of current tasers, with a maximum distance to reach a subject of 45 feet, providing more time and space to de-escalate and reducing risk for everyone involved. In addition, the device has new de-escalation features, including a 1,000-lumen pulsing light, loud audible alerts and laser painting to warn a subject to comply before having to deploy probes. The Taser 10 provides more opportunities than other less-lethal options to immediately stop a threat without needing to reload. The Taser 10 has the ability to deploy up to 10 probes compared with two probes previously, which only provided one or two opportunities to be effective.

RPD has negotiated the cost and recommends City Council approve the sole source agreement with Axon Enterprise for an amount not-to-exceed $549,724.94. The 60-month agreement will provide RPD with 5 installment payments of $109,944.98 for each fiscal year from fiscal year 2024/25 to 2028/29. Funds for this program are included in the Department's FY 2024-2026 biennial budget proposal and will be requested for subsequent fiscal years in the Police Department's budget requests.

ALTERNATIVES:

Do not approve the purchase of the Axon's Taser 10. However, this will leave the department with a series of unreliable/out of warranty tasers. Officers in the field will no longer have that force option available to them. This in turn could jeopardize officer safety and the safety of the community.

STRATEGIC PLAN:

Not applicable.

Redlands Regular meeting of 07-16-24 2332 of 2362
SUBMITTED BY:

Stephen Crane, Deputy Police Chief
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Jimmy Nguyen, Management Analyst
Fiscal Impact
Fiscal Year: 2024-25
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $109,944.98
Budgeted Y/N: Y
Account No.: 101202-7102
Discussion:

This agreement provides for the following terms: An installment annual payment amount of $109,944.98 for FY 2024-25, $109,944.98 for FY 2025-26, $109,944.98 for FY 2026-27, $109,944.98 for FY 2027-28 and $109,944.98 for FY 2028-29. Funding for subsequent fiscal years will be included in the Police Department's budget requests.

Attachments
Axon Enterprise Master Service Agreement
Quote
Axon Enterprise Sole Source
Redlands Regular meeting of 07-16-24 2333 of 2362
Master Services and Purchasing Agreement for Customer
Title: Master Services and Purchasing Agreement between Axon and Customer Department: Legal
Version: 21
Release Date: 4/1/2024 Page 1 of 43
This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the customer listed below or, if no customer is listed below, the customer on the Quote attached hereto ("Customer").

This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of the Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs Customer’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix ("Quote"). It is the intent of the Parties that this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Customer shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows:

1. Definitions.

1.1. "Axon Cloud Services" means Axon’s web services, including but not limited to, Axon Evidence, Axon Records, Axon Dispatch, FUSUS services and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com.

1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devicesare a subset of Axon Devices.

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

Any inconsistent or supplemental terms within Customer’s purchase order in response to a Quote will be void.

Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors.

1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.

2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Term").

2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term").

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

3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront yearly basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Customer will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for collection and attorneys’ fees.

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

5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon’s delivery to the common carrier. Customer is responsible for any shipping charges in the Quote.

6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.

7. Warranty.

7.1. Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm and Axon-manufactured accessories, which Axon warrants for thirty (30) months and ninety (90) days, respectively, from the date of Customer’s receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run from the expiration of the one (1) year hardware warranty through the extended warranty term purchased.

Redlands Regular meeting of 07-16-24 2334 of 2362
Master Services and Purchasing Agreement for Customer
Title: Master Services and Purchasing Agreement between Axon and Customer Department: Legal
Version: 21
Release Date: 4/1/2024 Page 2 of 43

7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer.

7.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axonmanufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new.

Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.

7.3.1. If Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service.

7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Customer submits the broken or non-functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms under Section

5. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices for the intended purpose.

7.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number.

Axon’s warranty will be void if Customer resells Axon Devices.

7.5.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Customer confirms and agrees that, in deciding whether to sign this Agreement, it has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement.

7.5.2. Axon’s cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to this Agreement will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the twelve (12) months preceding the claim. Neither Party will be liable for special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.

7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/salesterms-and-conditions.

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

7.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer expressly waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Customer agrees not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. Customer expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately Redlands Regular meeting of 07-16-24 2335 of 2362
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upon notice to the Customer.

8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW.

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

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

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

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

12. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance.

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

14. IP Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Customer must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon-manufactured Devices or Services by Customer or a third-party not approved by Axon; (b) use of Axonmanufactured Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon.

15. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Customer or an Customer end user; (c) disputes between Customer and a third-party over Customer’s use ofAxon Devices; (d) ensuring Axon Devices are destroyed and disposed of securely and sustainably at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.

16. Termination.

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

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

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

17. Confidentiality. "Confidential Information" means nonpublic information designated or expressly marked as 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, court order or subpoena, neither Party will disclose the other Party’s Confidential Information during the Term thereafter. If Customer receives a public records request to disclose Axon
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Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.

18. General.

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

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

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

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, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices.

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

18.11.Notices. All notices must be in English. Notices posted on Customer’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc., Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to [email protected].

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

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Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature.

AXON: CUSTOMER:

Axon Enterprise, Inc. CITY OF REDLANDS
Signature: Signature:

Name: Name: Eddie Tejeda
Title: Title: Mayor
Date: Date:

ATTEST:

Jeanne Donaldson, City Clerk
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Axon Cloud Services Terms of Use Appendix

1. Definitions.
a. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s tenant, including media or multimedia uploaded into Axon Cloud Services by Customer.

Customer Content includes Evidence but excludes Non-Content Data. b. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Customer.

Evidence is a subset of Customer Content.
c. "Non-Content Data" is data, configuration, and usage information about Customer’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Customer Content. d. "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.
e. “Provided Data” means de-identified, de-personalized, data derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports.
f. “Transformed Data” means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.

2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Customer may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data"). Customer may not upload non-TASER Data to Axon Evidence Lite.

3. Customer Owns Customer Content. Customer controls and owns all right, title, and interest in Customer Content. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will only have access to Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.

4. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum for its digital evidence management systems or records.

5. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content; (b) ensuring no Customer Content or Customer end user’s use of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Customer becomes aware of any violation of this Agreement by an end user, Customer will immediately terminate that end user’s access to Axon Cloud Services. a. Customer will also maintain the security of end usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or Customer Content, or if account information is lost or stolen.

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6. Privacy. Customer’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Customer agrees to allow Axon access to Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.

7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioningfor Customer’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Customer, NonContent and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy.

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

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

9. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Customer Content remains with Customer.

10. Suspension. Axon may temporarily suspend Customer’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement.

11. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services.

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

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

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

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

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

13. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Customer purchases an OSP 7 or OSP 10 bundle. During Customer’s Axon Records Subscription Term, if any, Customer will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.

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a. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 bundle, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription") b. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additionalfeatures or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications.
c. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Customer purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Customer.
d. Users of Axon Records at the Customer may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Customer exceed an average rate of one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages.

14. Axon Cloud Services Restrictions. Customer and Customer end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
a. 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; b. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; c. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
d. use Axon Cloud Serves as a service bureau, or as part of an Customer infrastructure as a service; e. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
f. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
g. 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 h. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code.

15. Axon Narrative. AI-Assisted Report Writing feature. Axon may impose usage restrictions if a single user generates more than one hundred (100) reports per month for two or more consecutive months.

16. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. There will be no functionality of Axon Cloud Services during these ninety (90) days other than the ability to retrieve Customer Content. Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services.

17. Post-Termination Assistance. Axon will provide Customer with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Customer Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.

18. U.S. Government Rights. If Customer is a U.S. Federal department or using Axon Cloud Services on behalf ofa U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Redlands Regular meeting of 07-16-24 2341 of 2362
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Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue use of Axon Cloud Services.

19. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon Cloud Services Restrictions.

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Axon Customer Experience Improvement Program Appendix

1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Customer Content from all of its customers to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Customer will be a participant in ACEIP Tier 1. If Customer does not want to participate in ACEIP Tier 1, Customer can revoke its consent at any time. If Customer wants to participate in Tier 2, as detailed below, Customer can check the ACEIP Tier 2 box below. If Customer does not want to participate in ACEIP Tier 2, Customer should leave box unchecked. At any time, Customer may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.

2. ACEIP Tier 1.

2.1. When Axon uses Customer Content for the ACEIP Purposes, Axon will extract from Customer Content and may store separately copies of certain segments or elements of the Customer Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Customer Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 1 1 .

For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Customer from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Customer request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Customer may revoke the consent granted herein to Axon to access and use Customer Content for ACEIP Purposes. Within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Customer. In addition, if Axon uses Customer Content for theACEIP Purposes, upon request, Axon will make available to Customer a list of the specific type of Customer Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Customer Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Customer notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Customer with a mechanism to obtain notice of that update or another commercially reasonable method to Customer designated contact) ("New Use Case").

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

In accordance with section 1.1.1, within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to, Customer.

3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Customer wants to help further improve Axon’s services, Customer may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Customer 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.

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Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed, or de-identified data.
☐ Check this box if Customer wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Customer into ACEIP Tier 2 until Axon and Customer agree to terms in writing providing for such participation in ACEIP Tier 2.

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Title: Master Services and Purchasing Agreement between Axon and Customer Department: Legal
Version: 21
Release Date: 4/1/2024 Page 12 of 43
Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.

1. Utilization of Services. Customer must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date.

2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on-site service and a professional services manager to work with Customer to assess Customer’s deployment and determine which on-site services are appropriate. If Customer requires more than four (4) consecutive on-site days, Customer must purchase additional days. Axon Full Service options include:

System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Customer need • Register cameras to Customer domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock")access • One on-site session included
Dock configuration
• Work with Customer to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Customer • On-site assistance, not to include physical mounting of docks Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies
• Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management
• Provide referrals of other agencies using the Axon camera devices and AxonEvidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting trainingsessions
Step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Customer’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review

3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer’s deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Starter options include:

System set up and configuration (Remote Support)
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Master Services and Purchasing Agreement for Customer
Title: Master Services and Purchasing Agreement between Axon and Customer Department: Legal
Version: 21
Release Date: 4/1/2024 Page 13 of 43
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Customer need • Troubleshoot IT issues with Axon Evidence and Dock access Dock configuration
• Work with Customer to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using "Administrator" credentials from Customer • Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Customer’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide

4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one (1) day of on-site services.

5. CEW Services Packages. CEW Services Packages are detailed below:

System set up and configuration
• Configure Axon Evidence categories & custom roles based on Customer need. • Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Customer 4–6 weeks before rollout Best practice implementation planning session to include:
• Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other 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 Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
• Provide training on the Axon Evidence to educate instructors who can support Customer’s subsequent Axon Evidence training needs.
• For the CEW Full Service Package: Training for up to 3 individuals at Customer • For the CEW Starter Package: Training for up to 1 individual at Customer TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.

Post go-live review
For the CEW Full Service Package: On-site assistance included.

For the CEW Starter Package: Virtual assistance included.

6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:

Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Redlands Regular meeting of 07-16-24 2346 of 2362
Master Services and Purchasing Agreement for Customer
Title: Master Services and Purchasing Agreement between Axon and Customer Department: Legal
Version: 21
Release Date: 4/1/2024 Page 14 of 43
Smart Weapons that Customer 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 Customer with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course.

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

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

8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer's deployment and determine which Services are appropriate. If Customer's requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Air, On-Site training options include:

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

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

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

11. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges orschedule.

12. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays.

Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Customer travel time byAxon Redlands Regular meeting of 07-16-24 2347 of 2362
Master Services and Purchasing Agreement for Customer
Title: Master Services and Purchasing Agreement between Axon and Customer Department: Legal
Version: 21
Release Date: 4/1/2024 Page 15 of 43
personnel to Customer premises as work hours.

13. Access Computer Systems to Perform Services. Customer authorizes Axon to access relevant Customer computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Customer.

Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information suppliedby Customer.

14. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Customer orAxon), Customer must prepare the location(s) whereAxon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation.

Following installation, Customer must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Customer when Axon generally releases it

15. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Customer. Customer will sign the Acceptance Form acknowledging completion. If Customer reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Customer must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Customer to have accepted the professionalservices.

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

Redlands Regular meeting of 07-16-24 2348 of 2362
Master Services and Purchasing Agreement for Customer
Title: Master Services and Purchasing Agreement between Axon and Customer Department: Legal
Version: 21
Release Date: 4/1/2024 Page 16 of 43
Technology Assurance Plan Appendix
If Technology Assurance Plan ("TAP") or a bundle including TAP is on the Quote, this appendix applies.

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

2. Officer Safety Plan. If Customer purchases an Officer Safety Plan ("OSP"), Customer will receive the deliverables detailed in the Quote. Customer must accept delivery of the TASER CEW and accessories as soon as available from Axon.

3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP Term").

4. TAP BWC Upgrade. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon body-worn camera ("BWC Upgrade") as scheduled in the Quote. If Customer purchased TAP, Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon dock.

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

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

7. Upgrade Change. If Customer wants to upgrade Axon Device models from the current Axon Device to an upgraded Axon Device, Customer must pay the price difference between the MSRP for the current Axon Device and the MSRP for the upgraded Axon Device. If the model Customer desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.

8. Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Upgrade, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Customer does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Customer.

9. Termination. If Customer’s payment for TAP, OSP, or Axon Evidence is more than thirty (30) days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:

9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.

9.2. Axon will not and has no obligation to provide the Upgrade Models.

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

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Master Services and Purchasing Agreement for Customer
Title: Master Services and Purchasing Agreement between Axon and Customer Department: Legal
Version: 21
Release Date: 4/1/2024 Page 17 of 43
TASER Device Appendix
This TASER Device Appendix applies to Customer’s TASER 7/10, OSP 7/10, OSP Plus, or OSP 7/10 Plus Premium purchase from Axon, if applicable.

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

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

3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a five- (5-) year term, which includes the hardware manufacturer’s warranty plus the four- (4-) year extended term.

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

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

5. TASER Device Subscription Term. The TASER Device Subscription Term for a standalone TASER Device purchase begins on shipment of the TASER Device. The TASER Device Subscription Term for OSP 7/10 begins on the OSP 7/10 start date.

6. Access Rights. Upon Axon granting Customer a TASER Device Axon Evidence subscription, Customer may access and use Axon Evidence for the storage and management of data from TASER Devices devices during the TASER Device Subscription Term. Customer may not exceed the number of end users the Quote specifies.

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

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

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

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

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

10.2.Axon will invoice Customer the remaining MSRP for TASER Devices received before termination. If terminating for non-appropriations, Axon will not invoice Customer if Customer returns the TASER Device, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of Redlands Regular meeting of 07-16-24 2350 of 2362
Master Services and Purchasing Agreement for Customer
Title: Master Services and Purchasing Agreement between Axon and Customer Department: Legal
Version: 21
Release Date: 4/1/2024 Page 18 of 43
termination.

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

Redlands Regular meeting of 07-16-24 2351 of 2362

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Q-584559-45448.761DG
Issued: 06/05/2024
Quote Expiration: 06/21/2024
Estimated Contract Start Date: 09/01/2024
Account Number: 107722
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Redlands Police Department
30 Cajon St
Redlands,
CA
92373-4710
USA
Redlands Police Department - CA
PO Box 3005
Redlands
CA
92373-1505
USA
Email:

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

Jonathan James
Phone: 9096477926
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $16,943.00 TOTAL COST $511,812.00
ESTIMATED TOTAL W/ TAX $549,724.94 TOTAL SAVINGS $84,715.00 Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Redlands Regular meeting of 07-16-24 2352 of 2362

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Payment Summary
Date Subtotal Tax Total
Sep 2024 $102,362.40 $7,582.58 $109,944.98
Sep 2025 $102,362.40 $7,582.58 $109,944.98
Sep 2026 $102,362.40 $7,582.58 $109,944.98
Sep 2027 $102,362.40 $7,582.58 $109,944.98
Sep 2028 $102,362.40 $7,582.62 $109,945.02
Total $511,812.00 $37,912.94 $549,724.94
Redlands Regular meeting of 07-16-24 2353 of 2362

Page 3 ends

Quote Unbundled Price: $596,527.00
Quote List Price: $514,312.00
Quote Subtotal: $511,812.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
C00010 BUNDLE - TASER 10 CERTIFICATION 105 60 $94.29 $81.24 $81.24 $511,812.00 $37,912.94 $549,724.94 A la Carte Services
101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $2,500.00 $0.00 $0.00 $0.00 $0.00
Total $511,812.00 $37,912.94 $549,724.94
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Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - TASER 10 CERTIFICATION 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 105 2 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 3 2 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 105 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 3 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 8 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 6 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 2100 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 630 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100616 AXON TASER 10 - HOLSTER - BLACKHAWK - RH 100 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100617 AXON TASER 10 - HOLSTER - BLACKHAWK - LH 5 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100623 AXON TASER - TRAINING - ENHANCED HALT SUIT V2 2 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 105 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 3 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 18 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 2 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 2 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 2 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 2 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 2 1 09/01/2024 BUNDLE - TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 320 1 09/01/2025 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 840 1 09/01/2025 BUNDLE - TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 310 1 09/01/2026 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 840 1 09/01/2026 BUNDLE - TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 320 1 09/01/2027 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 840 1 09/01/2027 BUNDLE - TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 310 1 09/01/2028 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 840 1 09/01/2028 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 10 CERTIFICATION 101180 AXON TASER - DATA SCIENCE PROGRAM 105 09/01/2024 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 105 09/01/2024 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 2 09/01/2024 08/31/2029 Services
Bundle Item Description QTY
BUNDLE - TASER 10 CERTIFICATION 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 105 Redlands Regular meeting of 07-16-24 2355 of 2362

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Services
Bundle Item Description QTY
BUNDLE - TASER 10 CERTIFICATION 101193 AXON TASER - ON DEMAND CERTIFICATION 1 A la Carte 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 10 CERTIFICATION 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 105 09/01/2025 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 3 09/01/2025 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER 7 - EXT WARRANTY - BATTERY PACK 105 09/01/2025 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER 7 - EXT WARRANTY - BATTERY PACK 3 09/01/2025 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER 7 - EXT WARRANTY - BATTERY PACK 18 09/01/2025 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 80396 AXON TASER 7 - EXT WARRANTY - DOCK SIX BAY 2 09/01/2025 08/31/2029 Redlands Regular meeting of 07-16-24 2356 of 2362

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Shipping Locations
Location Number Street City State Zip Country
1 30 Cajon St Redlands CA 92373-4710 USA
2 30 Cajon St Redlands CA 92373-4710 USA
Payment Details
Sep 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Year 1 C00010 BUNDLE - TASER 10 CERTIFICATION 105 $102,362.40 $7,582.58 $109,944.98 Total $102,362.40 $7,582.58 $109,944.98
Sep 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Year 2 C00010 BUNDLE - TASER 10 CERTIFICATION 105 $102,362.40 $7,582.58 $109,944.98 Total $102,362.40 $7,582.58 $109,944.98
Sep 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Year 3 C00010 BUNDLE - TASER 10 CERTIFICATION 105 $102,362.40 $7,582.58 $109,944.98 Total $102,362.40 $7,582.58 $109,944.98
Sep 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Year 4 C00010 BUNDLE - TASER 10 CERTIFICATION 105 $102,362.40 $7,582.58 $109,944.98 Total $102,362.40 $7,582.58 $109,944.98
Sep 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Year 5 C00010 BUNDLE - TASER 10 CERTIFICATION 105 $102,362.40 $7,582.62 $109,945.02 Total $102,362.40 $7,582.62 $109,945.02
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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 https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

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

Acceptance of Terms:

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

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\s1\ \d1\
Signature Date Signed
6/5/2024
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Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.

Date:_______________________
TO: Purchasing Division
FROM: ________________________________
Purchase Requisition # ___________________
Estimated Total Cost: $_________________
Proposed Vendor: ______________________
Request Term: _________________
This form must accompany the purchase document whenever an exception to the competitive process is requested. Requests for goods and/or services from a specific vendor or limited to a specific brand, where substitutes to the recommended vendor or brand are unacceptable, must be accompanied by a written justification explaining the circumstances that make alternatives unacceptable.

The City Manager will determine whether the justification is appropriate. Requests for exception must be supported by factual statements that will pass an audit.

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EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
2 INSTRUCTIONS

1. Please check all applicable categories (a. through i.) below and provide additional information where indicated.
a. The requested product is an integral repair part or accessory compatible with existing equipment.

Existing Equipment:

Manufacturer/Model Number:

Age:

Current Estimated Value:
b. The requested product has unique design/performance specifications or quality requirements that are not available in comparable products. c. I have standardized the requested product and the use of another brand/model would require considerable time and funding to evaluate.
d. The requested product is one in which I (and/or my staff) have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or funding.
e. The requested product is used or demonstration equipment available at a lower-thannew cost. f. Repair/Maintenance service is available only from manufacturer or designated service representative.
g. Upgrade to or enhancement of existing software is available only from manufacturer. h. Service proposed by vendor is unique; therefore, competitive bids are not available or applicable.
i. Other factors (provide detailed explanation in #2 below).

2. Provide a detailed explanation and pertinent documentation for each category checked in item 1 above. Attach additional sheets if necessary:

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EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
3 3. Was an evaluation of other equipment, products, or services performed? Yes No
If yes, please explain the type of evaluation performed and provide all supporting documentation:

4. List below the name of each individual who was involved in the evaluation, if conducted, and in making the recommendation to procure this product or service. Attach additional information, if necessary.

5. Explain what action(s) the department would take if the sole/single source services were no longer available

6. I certify that the above information is accurate to the best of my knowledge, and a signed copy of this document will be kept on file and available for audit in my department _________________________________________________________ Prepared by Date
_________________________________________________________ Department Director Date
Purchasing Approvals
______________________________________________________
Purchasing Agent Approval Date
_______________________________________________________ City Manager Approval Date
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Redlands City CouncilJuly 16, 2024

Redlands City Council
July 16, 2024