CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 6, 2026
To: Honorable Mayor and City Council Members
From: Vanessa Carder, Director of Parks, Recreation & Community Services Department
Department: Parks, Recreation, & Community Services Department Subject: Adopt A Resolution Accepting the Corporation for National and Community Service’s AmeriCorps Senior Retired Volunteer Program (RSVP) grant in the amount of $70,477 for FY 2025- 2028 Year two of a Three-Year Grant Award (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No. 2026-043:
1. Authorizing the City Manager to approve the ratification of the submission of a continuation grant application budget for year two of a three-year grant (2025- 2028) through the Corporation for National and Community Service’s AmeriCorps Seniors Retired and Senior Volunteer Program (RSVP); and
2. Authorizing the City Manager to accept the grant award in the amount of $70,477 and cash match amount of $ 76,354; and
3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and
4. Authorizing the Director of Finance and Management Services to appropriate the grant funds for the period of April 1, 2026 ($17,619.25 in FY 25-26) through March 31, 2027 ($52,858.75 in FY 26-27).
City Manager's Comments
Packet Page. 1438
The City Manager recommends approval to continue the RSVP program with grant and matching funds of $76,354.
Executive Summary
The Senior Services Division received notification of a second year of a three-year (2025-2028) grant award for the Retired and Senior Volunteer Program (RSVP) in the amount of $70,477. This grant will be used to recruit and coordinate senior-age volunteers in activities that benefit the local community, at selected pre-approved work sites, the largest work site benefits local law enforcement in the Citizens on Patrol (COP) program.
Background
The City has participated in the federally funded Retired and Senior Volunteer Program (RSVP) for 52 years. The RSVP program provides funds for staff to coordinate the Work Plans with 10 Memorandum of Understandings (MOU’s) of the volunteer program. The RSVP staff member(s) recruit volunteers, select work sites, make site visits, and prepare reports to meet grant requirements. RSVP volunteers, age 55 and over, perform various service activities within the community under different MOU’s, with one of the larger commitments being local law enforcement as Citizens on Patrol (COP) volunteers. RSVP volunteers do not receive pay, but they can request up to $30 per quarter as reimbursement for their transportation expenses. This is paid out of grant funds. RSVP volunteers can serve up to forty hours a week providing support for senior lunch programs, local non-profits, community centers, public safety agencies, and hospitals. They also provide disaster preparedness with the California Highway Patrol and San Bernardino County Sheriff’s Department. This past year, 140+ volunteers contributed 16,907 hours with an economic value of over $537,626. Health and wellness, self-improvement, connecting with others, and building new skills are the most notable personal benefits to the RSVP volunteer.
Discussion
On March 23, 2026, staff received the Notice of Grant Award letter from the Corporation for National and Community Service (CNCS) in response to the continuation for year two in an amount of $70,477. This funding will allow staff to continue the services provided by RSVP. The second year of a 3-year grant cycle (2025-2028) will end March 31, 2027. The fiscal cycle of the RSVP grant begins on April 1st of each year, nine (9) months into the City’s fiscal year cycle. This translates to a 25%/75% fiscal year allocation split.
2021-2025 Strategic Targets and Goals
This request aligns with Key Target 3.c. Constantly Evaluate Public Safety Service Delivery Models to Enhance the Quality of Service.
Packet Page. 1439
Fiscal Impact
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No. 2026-043:
1. Authorizing the City Manager to approve the ratification of the submission of a continuation grant application budget for year two of a three-year grant (2025- 2028) through the Corporation for National and Community Service’s AmeriCorps Seniors Retired and Senior Volunteer Program (RSVP); and
2. Authorizing the City Manager to accept the grant award in the amount of $70,477 and cash match amount of $ 76,354; and
3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and
4. Authorizing the Director of Finance and Management Services to appropriate the grant funds for the period of April 1, 2026 ($17,619.25 in FY 25-26) through March 31, 2027 ($52,858.75 in FY 26-27).
Attachments
Attachment 1 Resolution 2026-043, 2025-2028 RSVP Grant, 2nd Year Attachment 2 2025-2028 RSVP Grant Application
Attachment 3 2026-2027 RSVP Notice of Grant Award
Attachment 4 2026-2027 RSVP Grant Budget & Grant Budget Narratives Ward:
All Wards
FINANCIAL
DATA
Current Fiscal
Year: (April 1,
2025 through
June 30, 2025):
Next Fiscal Year:
(July 1, 2026 through
March 31, 2027):
Total Allocation: Total 3-year
Allocation:
Allocation $17619.25 $ 52857.75 $ 70477.00 $ 211431.
GENERAL
FUND SHARE
$19499.00 $ 58497.00 $ 77996.00 $
SOURCE OF FUNDS:
Corporation for National and Community
Service's AmeriCorps (Retired and Senior
Volunteer Program (RSVP) General fund
Budget Adjustment:
Yes
For Fiscal Year:
Packet Page. 1440
Synopsis of Previous Council Actions:
August 20, 2025 The Mayor and City Council of the City of San Bernardino, California adopted Resolution No.2025-357 ratifying the submittal of a grant renewal application for year one of a three-year grant through the Corporation for National and Community Service’s AmeriCorps Seniors Retired and Senior Volunteer Program (RSVP); authorizing the City Manager to accept the grant award in the amount of $70,477 and conduct all negotiations, signings and submittals of necessary
documents to receive grant awards; and authoring the
Director of Finance and Management Services to appropriate the grant funds for the period of April 1, 2025 through March 31, 2026.
CC: Eric Levitt, City Manager
Packet Page. 1441
Resolution No. 2026- 043
Resolution No. 2026-043
May 6, 2026
RESOLUTION NO. 2026-043
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, APPROVING THE RATIFICATION
OF THE SUBMISSION OF A CONTINUATION GRANT APPLICATION
BUDGET FOR YEAR TWO OF A THREE-YEAR GRANT (2025-2028)
THROUGH THE CORPORATION FOR NATIONAL AND COMMUNITY
SERVICE’S AMERICORPS SENIORS RETIRED AND SENIOR
VOLUNTEER PROGRAM (RSVP); ACCEPTING THE GRANT AWARD
IN THE AMOUNT OF $70,477; AND APPROPRIATING THE GRANT
FUNDS FOR THE PERIOD OF APRIL 1, 2026 THROUGH MARCH 31, 2027.
WHEREAS, the City submitted a Continuation Grant budget application for federal assistance requesting funding for Year Two of a Three (3) Year Grant Allocation for the Retired and Senior Volunteer Program; and
WHEREAS, the Notice of Grant Award was received by the City for the Retired and Senior Volunteer Program on March 23, 2026; and
WHEREAS, the City has participated in the federally funded Retired and Senior Volunteer Program for 52 years; and
WHEREAS, individuals ages 55 years and older provide volunteer services at various locations and organizations; and
WHEREAS, 140+ individual RSVP volunteers contributed 16,907 hours of time at various locations and organizations in FY 2025-26.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Authorize the Mayor and City Council of the City of San Bernardino hereby ratifies the submission of a continuation grant budget for year two of the Corporation of National and Community Service AmeriCorps Seniors’ Retired and Senior Volunteer Program (RSVP) in the total amount of $148,473; and,
SECTION 3. Authorize the Director of Finance and Management Services to accept the grant award in the amount of $70,477 and authorize the Director of Finance or his/her designee to appropriate that amount for the continued operation of the RSVP; and, Packet Page. 1442
Resolution No. 2026- 043
Resolution No. 2026-043
May 6, 2026
SECTION 4. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6
th day of May 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1443
Resolution No. 2026- 043
Resolution No. 2026-043
May 6, 2026
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-043, adopted at a regular meeting held on the 6 th day of May 2025 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this __ day of May 2026.
Telicia Lopez, CMC, City Clerk
Packet Page. 1444
STATE APPLICATION IDENTIFIER:
25SRICA007
FEDERAL IDENTIFIER:
25SR268664
2b. APPLICATION ID:
3. DATE RECEIVED BY STATE:
09/25/24
4. DATE RECEIVED BY FEDERAL AGENCY:
LEGAL NAME: San Bernardino, City of
290 N D ST
NAME: Nicolette Wilson
(909) 998-2753
TELEPHONE NUMBER:
FAX NUMBER:
INTERNET E-MAIL ADDRESS: [email protected]
956000772
6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT:
8. TYPE OF APPLICATION (Check appropriate box).
If Amendment, enter appropriate letter(s) in box(es):
10a. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 94.002 10b. TITLE: Retired and Senior Volunteer Program RSVP-San Bernardino
11.a. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
San Bernardino County: The San Bernardino Valley cities of Highland, Redlands, Colton, San Bernardino, and Yucaipa; the high desert from Barstow
12. AREAS AFFECTED BY PROJECT (List Cities, Counties, States, etc):
START DATE: 04/01/25 END DATE: 03/31/28 CA 33
a. FEDERAL $ 70,477.00
$ 76,354.00 b. APPLICANT
c. STATE $ 0.00
d. LOCAL $ 76,354.00
e. OTHER $ 0.00
g. TOTAL $ 146,831.00
Mitchell Assumma
a. TYPED NAME OF AUTHORIZED REPRESENTATIVE: b. TITLE:
(909) 384-5414
c. TELEPHONE NUMBER:
04/01/25
e. DATE SIGNED:
Local Government, Municipal
2a. DATE SUBMITTED TO CORPORATION
FOR NATIONAL AND COMMUNITY
SERVICE (CNCS):
1. TYPE OF SUBMISSION:
Non-Construction
5. APPLICATION INFORMATION
NAME AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION (give area codes):
ADDRESS (give street address, city, state, zip code and county):
A. AUGMENTATION B. BUDGET REVISION
C. NO COST EXTENSION D. OTHER (specify below):
9. NAME OF FEDERAL AGENCY:
Corporation for National and Community Service
13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICT OF:
15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR
REVIEW ON:
DATE:
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
YES if "Yes," attach an explanation. X NO
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN
DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
APPLICATION FOR FEDERAL ASSISTANCE
San Bernardino CA 92401 - 1734
NEW
CONTINUATION AMENDMENT
X
7b.
7a.
09/25/24
Local Government - Municipal
f. PROGRAM INCOME $ 0.00
PART I - FACE SHEET
Modified Standard Form 424 (Rev.02/07 to confirm to the Corporation's eGrants System) Application
NEW/PREVIOUS GRANTEE
11.b. CNCS PROGRAM INITIATIVE (IF ANY):
X NO. PROGRAM IS NOT COVERED BY E.O. 12372
d. SIGNATURE OF AUTHORIZED REPRESENTATIVE:
Year #:
X
1 a.Applicant b.Program CA 33
County: San Bernardino
UEI NUMBER: EJLMHR1CMKM7
Packet Page. 1445
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Narratives
Executive Summary
Strengthening Communities
The City of San Bernardino RSVP proposes to have a total of 150+ AmeriCorps Seniors volunteers who will support transportation programs, companionship programs, nutrition programs, senior services, Citizens on Patrol with the San Bernardino County Sheriffs Department, and California Highway Patrol (CHP) Hospitals, and Non-Profits. The primary focus areas of this project is Strengthening Communities. At the end of the three-year grant, AmeriCorps Seniors volunteers will be responsible for supporting local Law Enforcement, Government, and Non-Profit agencies with day-to-day tasks, Such as: patrol operations, clerical duties, emergency response, special events, cooks for nutritional programs, kitchen support, senior center support, conducting classes at seniors (health and fitness, crochet, sewing, computer labs) and gardening. The AmeriCorps federal investment of $70,477 will be supplemented by the City of San Bernardino's match amount of $76,354, excess funds included. This is a 28.58% increase over the previous three years, as the unprecedented rise in inflationary costs and much higher labor costs have deemed it necessary.
The county of San Bernardino, in which the San Bernardino RSVP operates, is the largest County in the United States. It spans over 400 square miles and the County's 2,180,085 inhabitants the AmeriCorps Senior, San Bernardino RSVP will serve cities with a total population of approximately 2,196,314. The communities in the service areas are known as the Inland Empire, High Desert, and San Bernardino Mountains. This area of San Bernardino County has a higher unemployment rate, a higher poverty rate ranging from 13.3% across these communities, a higher high school drop-out rate, and a lower median family income level at an average of $ 46,600. In late 2019, the Covid-19 outbreak affected the United States and all around the world in more ways than one. A "Stay At Home'' order took place as a community mitigation strategy to reduce the spread of the virus in the country. According to the CDC, this public health practice caused States and territories that issued mandatory stay-at-home orders implications such as decreased population movement. The San Bernardino RSVP service area experienced a reduction of activities and close person-to-person contact outside the household. The communities served were made up almost entirely of older adults, aged 50 or higher, and were found to be the most susceptible to this disease. As a result, members of the community were left with no other option than to take the precaution needed to combat the spread of the virus. To combat this we have implemented the PAL (Phone Alert League) program, a program designed to maintain contact with the socially isolated members of the community through scheduled Packet Page. 1446
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Narratives
Recruitment and Development
phone calls from assigned volunteers. Many individuals felt lonely before the pandemic and even more faced severe isolation during it. It was important to continue the practice of safe social distancing during this time, so volunteers will be making the phone calls from home. This allows individuals to remain independent while still gaining the social support provided in a friendly phone call. Calls consisted of wellness checks, and providing different resources obtainable for seniors. MOU's (Memorandum Of Understanding) with various Law Enforcement Agencies, Senior Centers, and Hospitals also play a big role in strengthening communities. Senior volunteers are volunteering their time everyday supporting their local agencies with day-to-day operations. Volunteers in the Mountain areas support CHP officers with directing traffic when roads are bad during inclement weather or accidents. There are hundred's of both general volunteers and RSVP volunteers serving from the high desert to the Morongo Basin. They also conduct different classes at the senior centers, like health and fitness, crochet, sewing, 2-step club, and some are even computer lab techs. Opening the Senior Center Garden is also a way to welcome back the volunteers after a long time of being away from the center. Volunteers enjoy the small luxury of having their garden to tend since many of them live in senior living homes that lack this amenity. Most importantly, they can connect with nature and with each other in a very open outdoor space, relieving stress while doing so. The new volunteer opportunities being presented in the San Bernardino RSVP service areas are an approach to maintaining healthy futures for independent living. San Bernardino-RSVP also maintains an MOU with the county's Older Californian's Nutrition Program. The Program serves nutritional lunches/dinners to seniors at various community sites around the city. RSVP volunteers support the program with prep and serving. According to the department of San Bernardino County's community indicators, the poverty rate among seniors in San Bernardino County increased from 11.5% in 2012 to
12.6% in 2021 and 34% of seniors 65+ cannot afford their basic needs. The program is ideal because it helps seniors receive an additional meal if they aren't able to do so.
Recruitment is completed through a variety of avenues, including community centers, posting on social media platforms such as Facebook and Instagram, All for Good, 211, a quarterly newsletter for the volunteers and volunteer sites, flyers, special events, street banners, Health/Volunteer fairs, city events, and the City of San Bernardino website. As we rebuild our program after the changes COVID-19 has made to our program we will be working with our partners to find new ways to recruit volunteers as time goes on.
The San Bernardino RSVP plan and infrastructure to ensure volunteers receive the training needed to Packet Page. 1447
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Narratives
be highly effective has been in effect for years with the San Bernardino County Sheriff¿s Department, California Highway Patrol, City of San Bernardino Senior Nutrition Program. Senior Centers and School on Wheels and the arrowhead Regional Medical Center. Training ranges from 4 hours for the City of San Bernardino Senior Nutrition Program to 40 hours with the California Highway Patrol and San Bernardino County Sheriff¿s Department. Additional training is provided throughout the year and as needed. We have found that training on-site provides a more highly effective and fulfilled volunteer and encourages a ¿best fit¿ placement.
While the PAL (Phone Alert League) program has sparked interest in many volunteers, both old and new, a call list of individuals that need social connection will be required to fulfill its purpose. The staff has created flyers, brochures, and even aired a public service announcement on a local television channel through the city¿s media group to raise awareness of the program to gain both volunteers and ¿clients¿. The efforts made were successful in recruiting eager volunteers for this program, but staff will now be going into senior living complexes within the service areas to connect with the actual individuals in need of this service.
The Advisory Council of Senior Programs is being revamped so that the members of the council are primarily made up of members of the community who would like to be involved and genuinely care for the success of both programs. To find these proactive individuals, staff will promote the Advisory Council of Senior Programs to college campuses and community centers through flyers, and will also be engaging in city programs such as ¿Coffee with a Cop¿, where members of the community come together and discuss community topics of interest. Rebuilding the council with devoted members can ensure we find the perfect match for the program¿s development. The Advisory Council of Senior Programs will be expected to help recruit volunteers, fundraise, event plan, and even administrate posts on social media. In exchange, we offer members of the Advisory Council of Senior Programs extensive leadership skills and experience with an organization that they can utilize to build their resumes. Through networking on social media and at other community events held within the year, we can partner with other proactive groups whose goal is also to support an underserved population.
Advisory Council meetings are held quarterly, so to welcome the community at large, these meetings will be listed on the city¿s calendar which can be viewed on the city¿s website (www.SbCity.org).
Staff also hosts an RSVP booth at the Inland Empire Senior Games Health and Senior Resource Fair.
This is an annual event that is open to the public and offers the community a wide range of different services and resources which allows staff to engage with new faces and enlighten them with the many Packet Page. 1448
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Narratives
benefits of joining RSVP. Also in conjunction with the City of San Bernardino Parks, Recreation, and Community Services Department RSVP staff and volunteers are participants in the Veterans Day Parade and Resource Fair each Veteran's Day. As events open up RSVP staff are working with community partners to become more prominent in the community as part of the rebranding of the program.
THE DEMOGRAPHICS OF THE COMMUNITY SERVED AND PLANS TO RECRUIT A VOLUNTEER POOL REFLECTIVE OF THE COMMUNITY SERVED:
The City of San Bernardino is partnering with local Hispanic and African American organizations to recruit minority volunteers from which we have larger populations to pull from. Staff is also using resources such as Google translator to communicate with the volunteers who speak different languages from our own.
Promoting diversity and inclusion in the recruitment of volunteers starts with the uniqueness of staff.
The San Bernardino RSVP is organized by different backgrounds instead of one type of person. Having a workforce that contains a diversity of age, marital status, work habits, educational backgrounds, race, socioeconomic status, points of view, and cultural interests, creates an environment that allows all kinds of different volunteers to succeed in service and contribute meaningfully. Based on this, the volunteer pool includes people from different backgrounds and is included in a way that goes beyond avoiding discrimination. The program actively involves people from different backgrounds and empowers them to be a part of RSVP. Recognizing the potential in every person no matter their religious belief, ethnicity, or gender brings a sense of belonging to everyone. That is why a diverse range of volunteer opportunities are offered because different kinds of people are attracted to different kinds of roles that require different kinds of skill sets as well as different time commitments.
Individuals with disabilities can serve right in the comfort of their homes, serving the role of a phone alert league.
Recruiting from individuals who use the community¿s services, such as but not limited to community food distribution, PAL, and senior nutrition. It¿s a very natural desire among many to want to give back to those that give to us. This strategy welcomes those with different socioeconomic backgrounds, disabilities, and immigration statuses to join forces with the San Bernardino RSVP.
PLAN AND INFRASTRUCTURE TO RETAIN AND RECOGNIZE THE RSVP VOLUNTEERS To retain volunteers, project staff administers the San Bernardino RSVP service satisfaction survey to gather information once a year regarding the volunteer¿s level of satisfaction with RSVP in general, as Packet Page. 1449
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Narratives
Program Management
well as their volunteer station sites. All input is reviewed by the RSVP Program Manager and all areas of dissatisfaction and satisfaction are addressed as able. Monthly birthday and occasional greeting cards will be sent out as a way to personally connect and build a good rapport with volunteers. The San Bernardino RSVP holds an annual RSVP Recognition Luncheon for all volunteers. Each volunteer is recognized for their years of volunteer service, which includes a full lunch, awards given for years of service, goodie bags, and raffle prizes for the attendees as able. To have more volunteers attend the recognition, two separate recognition events are held, one in the High Desert and one in the Inland Empire. What was once an annual newsletter will now be a quarterly newsletter to keep volunteers up to date with events and news. This was a decision made by staff so that volunteers can have more to look forward to throughout the year. In the quarterly newsletter, volunteers are profiled and recognized for their outstanding community service achievements. The San Bernardino RSVP will also be participating in the city¿s Annual Veteran¿s Salute organized by the Parks, Recreation, and Comndmunity Development Services Department. This is an opportunity that showcases the dual honor of serving our veterans as well as serving beside them in the program. Understanding that volunteer service contributes millions of dollars to the economy is one of the top reasons why the San Bernardino RSVP invests in its volunteers in return. Creating the ¿RSVP Brand Ambassador¿ to represent the organization not only helps shape the direction of the program but also happens to motivate the volunteer to be just as invested in our outcomes. The ambassador role is meant for volunteers who are exceptionally skilled in recruiting other volunteers. At times, they¿ll be invited to help promote our organization at fairs, sites, and anywhere they feel is a great area to find potential volunteers. Reaching a sense of high importance will allow the ambassador to appreciate the opportunity to help the San Bernardino RSVP grow.
Each volunteer station is required to complete a Memorandum of Understanding (MOU). The MOU of the San Bernardino RSVP lists the expectations of the volunteer station to align it with program regulations. Program staff works to cultivate a positive open relationship with volunteer site supervisors. Through routine station visits and direct interaction in the programs at the volunteer sites, the program staff guides work assignments to help prevent or identify prohibited activities. These visits are recorded on monitoring report forms with a follow-up action plan if corrective measures are warranted. The San Bernardino RSVP Volunteer Policies and Procedures Handbook is made available to all volunteers and volunteer stations which also provides additional clarification of the rules and regulations. As new regulations are introduced to the AmeriCorps Senior RSVP Program there is Packet Page. 1450
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Narratives
training through pamphlets or in-person training as needed. The RSVP Manager or Assistant schedules visits face-to-face, phone, or over Zoom on a routine basis, as well as case-by-case as needed. Communication with volunteers at their volunteer stations is another crucial part of the plan to track compliance with AmeriCorps Senior RSVP regulations. Direct observation of volunteer activities as we are able gives insight into the impact the volunteers provide for the community.
The plan and infrastructure to ensure that volunteers are on target with their volunteer assignments are centered on weekly contact by the San Bernardino RSVP staff, supported by a written log, in/out process, and phone messaging system. The key to this communication success is to have volunteer site work with the San Bernardino RSVP staff to create complete and verifiable volunteer assignment descriptions that spell out clear volunteer performance expectations with time-sensitive deadlines.
With the input, the San Bernardino RSVP staff work with Volunteer Site staff to build new programs or revamp existing programs to fit with the needs of the community and the San Bernardino RSVP national performance measures outcomes. All volunteer¿s, service activities, hours, mileage, and volunteer site stations information are tracked through timesheets and MOUs which are inputted into a database for easy recall and data point retention through the Volunteer Reporter, version 6.7.
As stated in the San Bernardino RSVP policies and procedures: When making changes to volunteer stations to meet the changing needs of the community, San Bernardino RSVP staff will do all that possible to minimize the disruption to current volunteers and volunteer stations where able. (1) All current volunteers will be offered a new volunteer assignment within the San Bernardino RSVP realigned volunteer stations. (2) All current volunteers will be given the training and materials needed to make the move to their new volunteer assignment as smooth as possible. (3) Current volunteers who wish to remain with the graduates will be separated from the San Bernardino RSVP will continue to volunteer with their current volunteer station, without any benefits provided by the San Bernardino RSVP. (4) All stations which have been graduated will be provided with the contact information of another local volunteer organization, such as Volunteers of America, to help them meet the need of their respective program.
Station Site's supervisors, volunteers and RSVP coordinator collaborate on a monthly basis to go over expectations, updates, professional development trainings etc. These meetings are vital to prevent, detect, and mitigate the risk of fraud, waste, abuse, and mismanagement. Including and assessment of appropriate segregation duties, internal oversight activities, measures to prevent timekeeping fraud, etc. Though RSVP is NOT required to conduct background checks on volunteers, station sites that have an MOU with RSVP are mostly law enforcement or a government agency. Volunteers that want Packet Page. 1451
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Narratives
Organizational Capability
to volunteer at the station site through RSVP are required to complete a background check with the DOJ, complete the law enforcement academy for COP's(law enforcement) and other trainings, this includes training with RSVP personnel. All Volunteer's service hours, assignments and mileage are recorded on timesheets that are to be submitted every first Thursday of each month. Each timesheet must be filled out completely and accurately with no white out or scribbles. Timesheets must have both the volunteer signature and the supervisor signature. Time keeping is recorded on behalf of both parties and submitted into a the volunteer reporter software to retain volunteer records such as mileage reimbursements, hours, addresses, start dates/terminations and demographics.
It is mandated that all personnel employed by the San Bernardino RSVP (Nicolette Wilson, Program Coordinator and Deborah Collier, Senior Rec Leader) undergo a back ground check and drug screening prior to their intended start date. Per the NSCHC it is also mandated that all San Bernardino RSVP personnel undergo a background check, utilizing the recommended, Truscreen vendor, in order to be in compliance with Americorps guidelines. All results and reports are recorded and filed. Copies of results/reports are also provided to the participating party(s) if requested.
The San Bernardino RSVP and SCP programs have joined to form one advisory council to support the needs of both programs. The advisory council meets quarterly, with the RSVP Program assistant acting as the staff liaison for all meetings. We are looking for members from both programs, volunteer sites, and the community at large. With the input from the advisory council, the Program Managers direct the direction of the San Bernardino RSVP Program. The advisory council also does all fundraising for the two programs and they are expanding our recruitment profile in the communities we serve. An advisory council handbook has been created to ensure that all regulations of the advisory council are being met.
San Bernardino RSVP has an infrastructure in place that any and all volunteers, staff or stakeholders contact the RSVP Program Coordinator immediately if they see or suspect any criminal activity, waste, fraud, and or abuse. If it is an emergency, they are to call 911 and follow up with the San Bernardino RSVP Coordinator with updates. RSVP coordinator would then thoroughly document all claims and inquires and report them to the Parks and Rec Manager or director and Americorps portfolio manager to further resolve the issue.
The city of San Bernardino operates under a hybrid Mayor-Council-City Manager form of government. The Mayor is elected by the voters of the City; City Council by their respective wards; and the City Manager is appointed and is the Chief Administrative Officer. The Department of Parks, Packet Page. 1452
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Narratives
Recreation, and Community Services directly oversees the RSVP project, whereas the Finance Department¿s sole purpose is the application and enforcement of sound fiscal management practices and procedures regarding all city services. All-City Departments follow audited public common practice financial policies and procedures as outlined in the City's Financial Operations Manual. They are all subject to Council approval and are maintained by the Finance and City Managers Departments. The City¿s program-based 2024-2025 Fiscal Year operates July 1st through June 30th of the following year. The Finance Department is one of 14 city departments that act as the centralized and formal means of disseminating Cost Principle Guidelines, as well as Administrative Guidelines and Audit Guidelines to the rest of the city departments/divisions. The City maintains a high level of checks and balances in its fiscal management systems, including a hierarchy review and approval process designed to ensure accurate budget management and a timely fiscal reporting system for the Senior Services Division of the Department. The City utilizes a reliable and audited service delivery system that has effectively met or exceeded all prior years¿ performance objectives of AmeriCorps Senior.
The City¿s Purchasing Division assists all departments in ensuring that internal procedures are in place for all accounts payable and receivables. Budget development and use are administered by the Parks, Recreation, and Community Services Department staff and further supported by the Finance Department Staff, especially for travel and mileage reimbursements for volunteers, and City Manager¿s Office. All project resources-both financial and in-kind are managed through policies and procedures set in place by the City of San Bernardino Finance Department; and are outlined in the Municipal Code 3.0 ¿ Purchasing System. All purchases are tracked by the use of a purchase order after the need has been determined, available funds have been verified and quotes have been obtained from local vendors to be awarded to the lowest responsive and responsible vendor. All purchase orders are submitted with proper documentation to be approved by the program staff supervisor and Director of the department. They are then forwarded onto the Finance Department who will once again review all submitted documents and determine budget availability for approval and seek City Manager, City Attorney, and Mayor and Common Council approvals as warranted. From there the purchase order is delivered to the vendor for services or materials to be received. Invoices for services or materials are then matched to the PO and processed through Accounts Payable in the Finance Department. All inkind services, materials, and financial support for the program are tracked through receipts and deposit verification forms, subject to internal and external auditing, which, in turn, are issued via input into the City¿s New World financial management system. In-kind donations are managed by Packet Page. 1453
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Narratives
program staff through a process of documentation, tracking, and use.
Clearly defined roles are in place to secure the integrity of the City and all its many partners. The City Manager¿s Office oversees most city services, including that of the RSVP and all grant-funded programs. In addition to other support staff, the Finance Department provides several Accountant positions (Annie Clark and or Mary Alvarez-Gomez) whose duties are to maintain records of revenue and expense; examine supporting documentation to establish proper authorization and conformance with agreements, contracts, and state and federal regulations; and compile and prepare routine accounting schedules and reports.
The Department of Parks, Recreation, and Community Services directly administers the RSVP project.
From top-down, the Director/Department Head (Lydie Gutfeld) supervises the Community Recreation Manager (Mitch Assumma), who supervises the RSVP Program Coordinator (Nicolette Wilson), (Deborah Collier) RSVP Part-time staff. The Director of the Parks, Recreation, and Community Services Department reports to the City Manager. The RSVP Program Coordinator, Nicolette Wilson, has over 7 years working with the San Bernardino Parks, Recreation and Community Services Department starting as a Summer Lunch Program monitor, which was federally funded; a leader and coordinator for the ¿Creative Before & Afterschool Program¿ (C.A.P.S), which is a state-funded grant program; and then as a Community Center supervisor, managing staff, planning programs, planning special events, and working with the public. Ms. Wilson transitioned to the position of San Bernardino RSVP Program Manager in August of 2022. Her responsibilities include, but are not limited to, recruitment of volunteers and volunteer sites, building public awareness and support for the RSVP, planning and implementing recognition for the volunteers, and completing reports for AmeriCorps Senior and the sponsors.
A Senior Recreation Leader will be working part-time directly under Ms. Wilson, and their duties include, recruitment, special events, keeping records up to date both on paper and in Volunteer Reporter version 6.9 which is used to track volunteers, volunteer service activities, volunteer hours, and mileage, and volunteer sites information as well as many other duties as needed. Ms. Wilson has worked to build up the advisory council with new members throughout the communities we serve and has spearheaded the expansion of the PAL Program. The volunteers enjoy the youthful personality she brings to the program. The Community Recreation Manager (Mitch Assumma) has administered the RSVP in San Bernardino for over twenty years, and he has over 30 years of experience in managing municipal services in the parks and recreation field, along with a Master¿s Degree in Public Administration. He has managed many grants and sponsorships in this professional Packet Page. 1454
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Narratives
tenure.
The Director of Parks, Recreation and Community Services is responsible for the activities of its human resource, including recruitment, training, promotion, and retention; establishment of daily work schedules and routines, budget development and use; and communication of performance outcomes. The City of San Bernardino fiscal management procedures, including budget control, accounting systems, cash and banking procedures, payroll systems, and internal auditing, are operated, managed, and controlled through the City of San Bernardino Finance Department. The budget process is facilitated and administered annually via the Mayor, City Council, and City Administration. Variances in budgeted expenses are analyzed by the City Manager and Finance Departments. Reports on such data are disseminated quarterly. Individual City departments manage their budget and each Department Head is accountable to the City Manager. An independent auditor reviews city financial records annually.
The 5th Street Senior Center houses both the Senior Companion Program and the Retired Senior and Volunteer Program, which is funded through the City¿s General Fund as the match. The 5th Street Senior Center is ADA compliant and is currently being used for senior services administration, training and meetings, senior lunch meals, community programs, special interest classes, and group rentals.
The Center is fully outfitted with tables, chairs, furniture, kitchen equipment for full meal preparation, sound and PA system, and office management. All health and safety OSHA requirements are followed. The City¿s Facilities Division of the Public Works Department maintains all building maintenance. Equipment and supplies are purchased as needed through the City¿s chain of command, utilizing best practice principles.
The City of San Bernardino as a municipal government operates under the State of California Code.
The City of San Bernardino has managed RSVP for over 40 years and followed all grant requirements successfully in that long duration. Furthermore, the City has tightened all financial management systems and practices considerably since officially exiting Chapter 9 Bankruptcy in 2017. The City of San Bernardino Parks, Recreation, and Community Services Department is constantly seeking alternative finding resources in support of their community-serving mission. The detailed list below shows some of the grants received by our department (directly related to service programs).
Senior Nutrition Program │ 1978 ¿ Present
San Bernardino Head Start │ 1992 ¿ 2009
Nutrition Network Program │ 1998 ¿ Present
San Bernardino Mentoring Program │ 1992 ¿ 2009
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Narratives
Other
PNS Amendment (if applicable)
Retired and Senior Volunteer Program (RSVP) │ 1975 ¿ Present Senior Companion Program (SCP) │ 1975 ¿ Present
The City of San Bernardino RSVP in particular has met or exceeded its required non-federal financial share of the project every year of the past 46 years of funding. The percentage of the cities non-federal financial share or match the past five years has been: 2017 ¿ 2018: 48.6%, 2018 ¿ 2019: 52.6%, 2019 ¿ 2020: 54.3%, 2020 ¿ 2021: 54.3%, 2021 ¿ 2022: 55.8%. This match is reflected through the in-kind contribution of space in-kind as well as matching funds to help support project personnel expenses and fringe benefits, supplies, volunteer travel, insurance, and recognition.
Other Community Priorities:
RSVP has established a new MOU with Morongo Basin California Highway Patrol and initiated seven new volunteers to date. Two additional MOU's (Garcia Center for the Arts and the Older Californians Nutrition Program) have been established and various volunteer applications are in progress.
Volunteer Training:
The 2nd to 3rd year continuation grant includes a recently awarded $2,500 augmentation for volunteer training in general. Quarterly meetings will be conducted at work station locations pertinent volunteer safety and service enhancement topics. Small healthy snacks and beverages will be provided, which will aid in volunteer retention efforts. Professional published handouts and/or guest speakers (fee and non-fee services) will be funded by this augmentation, along with some additional staff travel costs because of the large geographical service area Inland Empire with a focus on the City of San Bernadino).
N/A
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Performance Measures
% of Unduplicated Volunteers in Work Plans that result in Outcomes:
% of Unduplicated in the Primary Focus Area:
100%
40%
Healthy Futures Aging in Place 2
40 40
Objective:
Number of
Volunteer
Stations:
Anticipated
Unduplicated
Anticipated
Volunteer
1.1 3.1
Performance Measure:
Performance Measure:
Focus Area:
Companionship
Companionship
Service Activity: Companionship
Service Activity
Description:
Primary Focus Area: Healthy Futures Objective: Aging in Place Community needs: As an approach to fulfill the community’s need for social engagement and interaction during the CoronaVirus pandemic, the city of San Bernardino’s RSVP program has reintroduced the Phone Alert League (PAL). Due to California’s state regulations for safe social distancing, many seniors in the surrounding communities lost access to many resources and services that were once provided to them and ended up becoming socially isolated from society, increasing the number of people who are now suffering from loneliness. This will provide a volunteer opportunity that is safe for both the volunteer and the community. The county of San Bernardino’s census from July 2019 showed a record of
11.9% of its population as persons who are of the age of 65 years and up. A recent study from the NIH shows that the elderly are more prone to developing signs of depression and decreased mental health well-being. As people age, they find themselves spending more time alone, which can make them more vulnerable to social isolation which can be associated with cognitive decline. Our goal is to try and help seniors so that they can live a more independent life by providing them with supportive and meaningful social connections. Many seniors find that when they can look forward to receiving a friendly call as often as requested, they can feel a part of society by engaging in conversations about current events within the community. A survey will be used to determine the effectiveness of the calls being made to these individuals to learn if they feel less lonely than before joining the program. An estimated number of 52 volunteers will be devoting 5 hours of their time weekly to at least 1 volunteer station and will be expected to provide 13,520 hours every year, offering the community a value of $347,734 to help individuals in need of social connection across our service areas.
Community Need to be Addressed:
Community Need to be Addressed:
H4A: Number of individuals served Anticipated
H9A: Number of individuals who report having increased social support or improved capacity for inde Anticipated
Target: 40 How Measured: Tracking System
Instrument Description: Other Documentation
Target: 40 How Measured:
Instrument Description:
Primary Focus Area: Veterans and Military Families
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Healthy Futures Aging in Place 2
25 25
Objective:
Number of
Volunteer
Stations:
Anticipated
Unduplicated
Anticipated
Volunteer
3.1 3.2
Performance Measure:
Performance Measure:
Focus Area:
Companionship
Nutrition/Food Support
Service Activity: Companionship
Service Activity
Description:
Focus Area: Other Community Priorities Objective: Other Community Need: San Bernardino RSVP volunteers will be able to address current community priorities through volunteer opportunities in places like the Veterans Affairs Hospital, Senior Centers, Community Gardens, and Senior Nutrition Programs. Currently, about 34,626 inhabitants in this service area are veterans, which is why RSVP volunteers will be supporting them through service at the Loma Linda VA Hospital through companionship, food service, and transportation. About 12.6% of San Bernardino RSVP’s service area population are older adults 65 years and older according to the 2019 Census Bureau. Volunteering in senior centers will bring older adults together who like to keep busy and help execute the day-to-day functions and activities that are carried out through the centers. There are approximately 572,305 inhabitants within the service area who live in poverty. Volunteers assist in programs such as Community Food Distributions, as well as Hygiene Packs, provided by sponsors.RSVP volunteers support the Senior Nutrition Program in the Fifth Street Senior Center, Perris Hill Senior Center, and the Highland Senior Center, where they help serve food to qualifying individuals. Starting the Senior Center Garden was a group project with plenty of RSVP volunteers hands on deck. After building a suitable garden for seniors at the Fifth Street Senior Center, volunteers will now be able to enjoy the benefits of gardening while creating a new program for the community to engage in.
Focus Area: Other Community Priorities Objective: Other Community Need: San Bernardino RSVP volunteers will be able to address current community priorities through volunteer opportunities in places like the Veterans Affairs Hospital, Senior Centers, Community Gardens, and Senior Nutrition Programs. Currently, about 34,626 inhabitants in this service area are veterans, which is why RSVP volunteers will be supporting them through service at the Loma Linda VA Hospital through Community Need to be Addressed:
H4A: Number of individuals served Anticipated
H9A: Number of individuals who report having increased social support or improved capacity for inde Anticipated
Target: 0 How Measured: Tracking System
Instrument Description: Other Documentation, Time sheets Target: 25 How Measured:
Instrument Description:
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Healthy Futures
Veterans and Military Families
Aging in Place
Veterans & Families Served
1 2
26 26
Objective:
Objective:
Number of
Volunteer
Stations:
Number of
Volunteer
Stations:
Anticipated
Unduplicated
Anticipated
Volunteer
3.2 5.1
Performance Measure:
Performance Measure:
Focus Area:
Focus Area:
Nutrition/Food Support
Companionship
Service Activity: Nutrition/Food Support
Service Activity
Description:
Seniors supporting with lunch and dinner prep/distrubution. companionship, food service, and transportation. About 12.6% of San Bernardino RSVP’s service area population are older adults 65 years and older according to the 2019 Census Bureau. Volunteering in senior centers will bring older adults together who like to keep busy and help execute the day-to-day functions and activities that are carried out through the centers. There are approximately 572,305 inhabitants within the service area who live in poverty. Volunteers assist in programs such as Community Food Distributions, as well as Hygiene Packs, provided by sponsors.RSVP volunteers support the Senior Nutrition Program in the Fifth Street Senior Center, Perris Hill Senior Center, and the Highland Senior Center, where they help serve food to qualifying individuals. Starting the Senior Center Garden was a group project with plenty of RSVP volunteers hands on deck. After building a suitable garden for seniors at the Fifth Street Senior Center, volunteers will now be able to enjoy the benefits of gardening while creating a new program for the community to engage in.
A large sum of RSVP- City of San Bernardino's station sites are Law Enforcement agencies. The senior volunteers are called "COPs"-Citizens on Patrol. Their duties are but not limited to: Directing traffic during inclement weather situations that requires road closures, directing traffic for officers during traffic collisions, accidents etc. taking witness statements, supporting with evacuation procedures , patrolling neighborhoods, hosts safety meetings and other various duties.
Community Need to be Addressed:
H4A: Number of individuals served Anticipated
H9A: Number of individuals who report having increased social support or improved capacity for inde Anticipated
Target: 0 How Measured: Tracking System
Instrument Description: Other Documentation, Time sheets Target: 26 How Measured:
Instrument Description:
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60 60
Anticipated
Unduplicated
Anticipated
Volunteer
Performance Measure: 5.1 Companionship
Service Activity: Companionship
Service Activity
Description:
V7A: Number of active military members and/or military family members served Anticipated O21V: Number of individuals with improved job readiness Anticipated
Target: 0 How Measured: Tracking System
Instrument Description: Other documentation
Target: 60 How Measured: Tracking System
Instrument Description: Other documentation
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Funding Priorities
Program Characteristics
*Check any priority area(s) that apply to the proposed program. If no priorities apply to your program, select N/A. Please refer to the NOFO for the information on the threshold for meeting priority consideration
*Check any program characteristic(s) that apply to the proposed program. If no characteristics apply to your program, select N/A.
Program Information
Supporting older adults and
their caregivers, Helping older
adults re-enter the workforce
High poverty community (20-
39% in poverty), Extreme
poverty community (40% or
more in poverty)
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Required Documents
Applicant Operational and Financial Management Survey (OFMS) Document Name
Already on File at CNCS
Status
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For Official Use Only
The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C. Chapter 22).
Purpose
CFDA No.: 94.002
290 N D ST San Bernardino CA 92401-1734
Agreement No.: 25SRICA007
Amendment No.: 1
San Bernardino, City of
Grantee
EIN: 956000772
Performance Period: 04/07/2025 - 03/31/2028
Budget Period: 04/01/2026 - 03/31/2028
Notice of Grant Award Corporation for National and Community Service Award Information
Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://www.americorps.gov/sites/default/files/document/2026- 01/Revised_FY2026_General_Terms_and_Conditions.pdf and the Program Terms and Conditions found at https://www.americorps.gov/sites/default/files/document/2026-02/FY2026-RSVP-Terms-and-Conditions.pdf. Recipient also agrees to comply with assurances and certifications made in the grant application, supporting documents, and with applicable federal statutes, regulations and guidelines.
Funding Information
Previously
Awarded
This Year
This Award/
Amendment
Total Obligated by CNCS $0 $70,477
Grantee's Unobligated
Balance (Carryover)
$0 $0
Total Available $0 $70,477
Total CNCS Funds Awarded to Date
Cumulative Funding for Project Period
Total Awarded in Previous Amendments $70,477
Retired and Senior Volunteer Program
$140,954
250 E Street SW, Suite 300
Washington, DC 20525-0001
(202) 606-5000
Total Current
Year
$70,477
$0
$70,477
For Official Use Only
Funding Source and Amount
2026--OPE1-P74-OPO-26000-4101 $70,477.00
Grant Year: 2
Year 2
UEI: EJLMHR1CMKM7
Award Description
This award funds the approved 2026–27 RSVP program. Your 2026–27 statutory match is 10% and your budgetary match is
57.08%
Corporation for National and Community Service:
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For Official Use Only
CFDA No.:
West Region
Rogelio Armendariz
290 N D ST San Bernardino CA 92401-1734
Agreement No.: 25SRICA007
Amendment No.: 1
San Bernardino, City of
Grantee
EIN: 956000772
Performance Period: 04/07/2025 - 03/31/2028
Budget Period: 04/01/2026 - 03/31/2028
Stacy Bishop
Notice of Grant Award
Award Information
Senior Grants Officer
Grants Officer
Program Officer
Retired and Senior Volunteer Program
03/23/2026
250 E Street SW, Suite 300
Washington, DC 20525-0001
(202) 606-5000
For Official Use Only
Grant Year: 2
Nicolette Wilson
Project Director
Mitchell Assumma
Certifying Official/Executive Officer
Signature Award Date
San Bernardino, City of
Legal Applicant
UEI: EJLMHR1CMKM7
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 6, 2026
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Adoption of Ordinance No. MC – 1663 Amending Chapter
10.16.120 of the San Bernardino Municipal Code (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1663, amending Section 10.16.120 of the San Bernardino Municipal Code by adding subsection 10.16.120(B)(1) to prohibit the parking or standing of detached commercial trailers in non-residential districts and to authorize the immediate issuance of citations for violations.
City Manager's Comments
The City Manager recommends adoption of the Ordinance amending Chapter
10.16.120.
Executive Summary
The San Bernardino Police Department recommends adoption of an ordinance amending Section 10.16.120 of the San Bernardino Municipal Code by adding Section
10.16.120(B)(1) to address the ongoing issue of detached commercial trailers being parked or stored on public streets, alleys, and parkways within non-residential districts of the City. The proposed amendment clearly prohibits this activity, specifies that detached commercial trailers are not subject to the standard two-hour parking limitation, and authorizes the immediate issuance of citations. This change will enhance traffic safety, improve compliance with parking regulations, and provide the Police Department with clear and consistent enforcement authority Background
On April 15, 2026, the Mayor and City Council adopted Ordinance No. MC – 1663 Amending Chapter 10.16.120 of the San Bernardino Municipal Code.
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The San Bernardino Police Department routinely encounters detached commercial trailers parked or standing on public streets, alleys, and parkways within nonresidential districts of the City. These trailers often present traffic safety concerns, obstruct visibility, impede public access, and negatively affect surrounding commercial and industrial areas. Current parking regulations do not clearly distinguish detached Packet Page. 651 commercial trailers from other vehicles for enforcement purposes, which can result in delayed or inconsistent compliance.
Discussion
The current ordinance states:“(B) No person shall park or stand any commercial vehicle, truck tractor, semitrailer, or trailer having a manufacturer's gross vehicle weight rating of 10,000 pounds or more for a continuous period in excess of two hours on any street, alley, or parkway in any non-residential district of the city. Each consecutive two-hour period shall be considered a separate violation for the purpose of this division (B).” The proposed ordinance amends Section 10.16.120 of the San Bernardino Municipal Code by adding subsection (B)(1), which expressly prohibits any person from parking or standing a detached commercial trailer on any street, alley, or parkway in any nonresidential district of the City. The amendment further clarifies that the standard two-hour parking limitation does not apply to detached commercial trailers and that citations shall be immediately issued for any violation of this subsection. This provision strengthens enforcement efforts and allows the San Bernardino Police Department to address violations promptly.
2021-2025 Strategic Targets and Goals
This proposed action aligns with Key Target No. 3: Improved Quality of Life; constantly evaluate public safety services delivery models to enhance the quality of service.
Fiscal Impact
There is no direct fiscal impact related to this proposed action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1663, amending Section 10.16.120 of the San Bernardino Municipal Code by adding subsection 10.16.120(B)(1) to prohibit the parking or standing of detached commercial trailers in non-residential districts and to authorize the immediate issuance of citations for violations.
Attachments
Attachment 1 Ordinance No. MC-1663; Commercial Parking Ordinance – Chapter 10.16.120
Attachment 2 Proposed Amendment Ordinance No. 10.16.120(B)(1) Packet Page. 1471
Ward:
All Wards
Synopsis of Previous Council Actions:
CC: Eric Levitt, City Manager
Click or tap here to enter text.
Packet Page. 1472
ORDINANCE NO. MC-1663
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING SECTION 10.16.120 OF CHAPTER 10.16 TO
TITLE 10 OF THE SAN BERNARDINO MUNICIPAL CODE
TO PROHIBIT THE PARKING OR STANDING OF
DETACHED COMMERCIAL TRAILERS IN NONRESIDENTIAL DISTRICTS AND TO AUTHORIZE THE
IMMEDIATE ISSUANCE OF CITATIONS FOR
VIOLATIONS
WHEREAS, the City of San Bernardino (“City”) is empowered by Section 7 to Article XI of the California Constitution to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general law under its general police powers (“Police Powers”); and
WHEREAS, Section 300 to Article III of the City Charter adopted by voters on November 8, 2016, and filed with the California Secretary of State on January 31, 2017 (“Charter”), vests all the powers of the City with the City Council (“Council”), and requires the Council to provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws; and
WHEREAS, Section 302 of the Charter requires the Council (in collaboration with the Mayor) to ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare to serve the best interests of the City; and WHEREAS, Section 10.16.120 of the City’s Municipal Code prohibits the parking of commercial vehicles on public streets and rights-of-way; and WHEREAS, the Council desires to amend Section 10.16.120 pursuant to its Police Powers to prohibit the parking or standing of detached commercial trailers in non-residential districts and to authorize the immediate issuance of citations for violations.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct, and are incorporated herein by this reference.
SECTION 2. Amendment. Section 10.16.120 of Chapter 10.16 of Title 10 of the Municipal Code is amended by adding a new subsection (B)(1) to read as follows:
“(B) No person shall park or stand…”
“(1) No person shall park or stand any detached commercial trailer on any street, alley or parkway in any non-residential district of the Packet Page. 1473
city. The continuous two-hour period provided for in section (B) shall not apply to detached commercial trailers, and citations shall be immediately issued for any violation of section (B)(1).” SECTION 3. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications; and, to this end, the provisions of this Ordinance are severable.
SECTION 4. California Environmental Quality Act (“CEQA”). The City Council finds that this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 5. Publication. The City Clerk shall cause publication to occur in a newspaper of general circulation, and cause it to be published and circulated in the City in a manner permitted under Section 36933 of the California Government Code.
SECTION 6. Effective Date. This Ordinance shall become effective, and be in full force and effect, from and after thirty (30) days of its final passage and adoption.
PASSED, APPROVED and ADOPTED on this 15th day of April 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1663 introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15th day of April, 2026. Ordinance No. MC-1663 was approved and adopted at a regular meeting held on the 6th day of May 2026 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this __ day of May 2026.
Telicia Lopez, CMC, City Clerk
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§ 10.16.120 PARKING OF COMMERCIAL VEHICLES PROHIBITED ON PUBLIC STREETS AND RIGHTS-OF-WAY; EXCEPTIONS.
(A) No person shall park or stand any commercial vehicle, truck tractor, semitrailer or trailer having a manufacturer's gross vehicle weight rating of 10,000 pounds or more on any street, alley or parkway in any residential district, or on any residentially zoned property in the city.
(B) No person shall park or stand any commercial vehicle, truck tractor, semitrailer or trailer having a manufacturer's gross vehicle weight rating of 10,000 pounds or more for a continuous period of time in excess of two hours on any street, alley or parkway in any non-residential district of the city. Each consecutive two-hour period shall be considered a separate violation for the purpose of this division (B).
(B) (1) No person shall park or stand any detached commercial trailer on any street, alley or parkway in any non-residential district of the city. The continuous two-hour period provided for in division (B) shall not apply to detached commercial trailers, and citations shall be immediately issued for any violation of this section (B1).
(C) The provisions of this section shall not apply to:
(1) Any vehicle or trailer component thereof making pick ups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted streets and highways, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained;
(2) Any vehicle parked in connection with and in the aid of the performance of a service to or on a property in the block in which said vehicle is parked; (3) Any passenger bus under the jurisdiction of the Public Utilities Commission; (4) Any vehicle owned by a public utility or licensed contractor if necessary for use in connection with the installation or repair of any public utility; (5) Any vehicle owned by the city, county, state or licensed contractor engaged in the installation, maintenance or repair of any public property, utility or highway; and (6) Any authorized emergency vehicle as defined by the California Vehicle Code. (D) For the purpose of this section, the term RESIDENTIAL DISTRICT shall mean any single-family or multiple-family zoning district in the city. The Cal. Vehicle Packet Page. 1477
Code, § 22507.5(c) allows the local authority to define, by ordinance, the term residential district in accordance with its zoning ordinance. (E) Any commercial vehicle, truck tractor, semitrailer or trailer having a manufacturer's gross vehicle weight rating of 10,000 pounds or more left parked or standing on any street, alley or parkway in excess of 24 hours may be towed away, pursuant to the Cal. Vehicle Code, § 22651(n).
(F) Any person who violates any of the provisions of this section shall be guilty of an infraction.
(Ord. 1652, passed 3-18-1941; Ord. 2075, passed 9-21-1955; Ord. 3519, passed 8-19- 1975; Ord. 3817, passed 5-9-1979; Ord. 3960, passed 8-20-1980; Ord. MC-1107, passed 11-6-2001; Ord. MC-1303, passed 4-21-2009)
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 6, 2026
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Approve Goods Purchase Agreements with Fairview Ford for the Purchase of Police Fleet Vehicles for an Amount not to Exceed $270,000.
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:
1. The City Manager to execute a Goods Purchase Agreement with Fairview Ford for an amount not to exceed $270,000 for the purchase of police fleet vehicles,
2. The Director of Finance and Management Services to issue a purchase order to Fairview Ford for an amount not to exceed $270,000.
City Manager's Comments
The City Manager recommends approval.
Executive Summary
The Police Department utilizes several types of vehicles to efficiently provide service.
At the February 18th, 2026 City Council meeting, the City approved the purchase of Ford Interceptors, F-150s, Explorers, a Ranger, and an Expedition for use by various sworn personnel within the Police Department. Those vehicles were purchased by piggybacking from a County of San Bernardino bid solicitation. The County, however, did not request bids for Ford Mavericks. As such, the City posted a request for quotes for Mavericks which are used by several non-sworn units of the Police Department.
Specifically, Community Service Officers and Parking Enforcement Officers use Mavericks upfitted with hazard lights to perform their field duties which include responding to report calls, traffic collisions, assisting sworn personnel, issuing parking citations, and conducting dedicated traffic control. The Department’s Community Affairs team also utilizes these vehicles during community engagement events due to Packet Page. 1479
their cargo carrying capability. These Mavericks will be purchased as replacement vehicles for existing Community Service Officer vehicles which require removal from the Police fleet due to age, general condition, engine hours, and/or mileage. There is no impact to the general fund, as this purchase will be completed through a combination of funds provided by the Yuhaaviatam Nation and the Police Department’s motor vehicle general budget.
Background
The Police Department operates 24 hours a day, seven days a week, and relies heavily upon a varied police fleet to make it possible for police personnel to respond to calls for service throughout the city. Marked black and white vehicles, equipped with solid red lights, are dedicated for use by Patrol officers and cannot be used by non-sworn Community Service or Parking Enforcement Officers (CSOs and PEOs). Non-sworn personnel are assigned solid white vehicles with City insignia and amber colored traffic control lightbars. Since these vehicles are not subject to the extreme driving conditions of police vehicles, standard civilian base models are usually purchased for the CSOs and PEOs.
The current fleet of non-sworn vehicles primarily consists of model year 2016, 2017, and 2018 Ford C-Max and Escapes. Many of these vehicles have been involved in traffic collisions through the years, and their engine idle hours are beyond the recommended life cycle for these vehicles. They are frequently off-line for maintenance and repair due to their age. In 2022, the Department transitioned to the Ford Maverick for CSO and PEO vehicle replacements. The Maverick has a similar price point as the Escape, but the towing capability and open truck bed make it a more useful vehicle (the C-Max is no longer manufactured).
Discussion
Historically the Police Department has attempted to replace approximately 20% of its patrol vehicles each year to maintain an operational fleet. Often, this means forgoing the purchase of vehicles for non-sworn personnel; however, those vehicles are now in need of replacement. The Police Department is seeking a purchase order in the amount of $270,000 to purchase eight (8) Ford Mavericks for use by Community Service Officers, Parking Enforcement Officers, and Community Affairs to modernize that segment of the police fleet. This purchase order would include $5,467.36 as a contingency over the actual cost of the eight vehicles ($264,532.64). Vehicles for sworn staff have already been purchased this fiscal year. Approval of this item would ensure these Mavericks are ordered during this current allocation period so they may be delivered this calendar year.
In previous fiscal years the City has piggybacked from San Bernardino County bid solicitations, but this year the County did not specify Mavericks in their bid requirements. Therefore, on January 28th, 2026, the City issued RFQ F-26-4046 requesting bids for the purchase of Ford Maverick XL AWD vehicles. Five vendors responded to the RFQ:
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VENDOR
Envision
Ford
(Duarte)
Frontier Ford
(Santa Clara)
One Nation
Distribution
(Volant, PA)
PFVT Motors
(Peoria, AZ)
Fairview Ford
(San Bern.)
COST PER
VEHICLE $35,003.43 $32,350.50 $33,989.00 $32,588.52 $33,066.58 Fairview Ford was tentatively awarded the purchase based on the completeness of their bid and lowest cost when taking the local business variance (5%) into account.
The FY 2025/26 adopted budget for the Police Department included $2,700,000 in funding to purchase and equip replacement police vehicles. The Police Department has funds which will allow for the purchase of eight (8) Ford Mavericks as specified in RFQ F-26-4064, for the scheduled replacement of existing fleet vehicles. As such, there is sufficient budget to cover the purchase of these vehicles. 2021-2025 Strategic Targets and Goals
The request for the purchase of police vehicles aligns with Goal No. 2b: Focused, Aligned Leadership and Unified Community: Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness.
Fiscal Impact
FISCAL DATA CURRENT
FISCAL YEAR
NEXT
FISCAL
YEAR
TOTAL COST ONGOING
COST
COST $270,000.00 $0 $270,000.00 $0
GENERAL FUND
SHARE $182,585.20 $0 $182,585.20 $0
YUHAAVIATAM
SHARE $87,414.80 $0 $87,414.80 $0
Budget Adjustment:
No
SOURCE OF FUNDS:
FY25/26 adopted budget and Yuhaaviatam of San
Manuel Nation funds. For Fiscal Year: 25/26
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:
1. The City Manager to execute a Goods Purchase Agreement with Fairview Ford for an amount not to exceed $270,000 for the purchase of police fleet vehicles,
2. The Director of Finance and Management Services to issue a purchase order to Packet Page. 1481
Fairview Ford for an amount not to exceed $270,000.
Attachments
Attachment 1 – Fairview Ford Goods Purchase Agreement May 26 Ward:
All Wards
Synopsis of Previous Council Actions:
February 18, 2026 Mayor and City Council authorized the issuance of a purchase order to Fairview Ford, in an amount not to exceed
$1,197,825.32.
April 2, 2025 Mayor and City Council authorized the issuance of a purchase order to Fairview Ford, in an amount not to exceed $830,000.
April 17, 2024 Mayor and City Council authorized the issuance of a purchase order to Fairview Ford, in an amount not to exceed $810,000.
February 16, 2022 Mayor and City Council adopted Resolution No. 2022-35, approving the issuance of a purchase order to Fairview Ford, in an amount not to exceed $1,300,000.
January 19, 2021 Mayor and City Council adopted Resolution No. 2021-305, approving the issuance of a purchase order to Fairview Ford Sales in the amount of $83,100.
August 19, 2020 Mayor and City Council adopted Resolution No. 2020-202, approving the issuance of a purchase order to Fairview Ford Sales, not to exceed $210,000.
CC
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1 CITY OF SAN BERNARDINO
GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 6th day of May 2026, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and Fairview Ford Sales, Inc. a California Corporation with its principal place of business at 292 N. G Street San Bernardino CA 92410 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS.
A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.
B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval.
Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request.
Section 3. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after Packet Page. 1483
2 rejection or acceptance thereof.
Section 4. WARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.
B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.
C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.
D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights Packet Page. 1484
3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.
Section 5. PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
Section 6. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications.
If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.
Section 7. PAYMENTS.
A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.
B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met.
Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which Packet Page. 1485
4 payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.
D. Payment of the final Progress Milestone payment or any retention will be made by City upon:
1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;
2. Written acceptance of the Goods by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of this Agreement; and
5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.
Section 8. SCHEDULE FOR DELIVERY.
A. The time of Supplier’s performance is of the essence for this Agreement.
The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of 10% of the purchase cost per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” Packet Page. 1486
5 B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).
Section 9. TAXES.
A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.
B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.
C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.
D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.
Section 10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.
Section 11. SUBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.
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6 Section 12. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.
Section 13. INDEMNIFICATION.
A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
Section 14. INSURANCE.
A. General. Supplier shall take out and maintain:
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7 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;
2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.
5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.
6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, selfinsurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.
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8 D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.
Section 15. LIENS.
A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.
B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.
Section 16. TERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered.
If City’s cost of obtaining the Goods, including compensation for additional managerial Packet Page. 1490
9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.
B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.
C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.
Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.
B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects Packet Page. 1491
10 thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.
Section 18. MISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Jose Castro, Lieutenant
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
Fairview Ford Sales, Inc.
292 N. G Street
San Bernardino CA 92410
Attn: Todd Eff
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.
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11 C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.
N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered Packet Page. 1493
12 as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 1494
13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND FAIRVIEW FORD SALES INC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
ATTESTED BY:
Telicia Lopez, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
FAIRVIEW FORD SALES, INC.
Signature
Name
Title
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14 Exhibit A
Goods Specifications
Maverick XL AWD Requirements
The vehicles should meet the following requirements:
• MY26+ W8B0 Maverick XL AWD
• 4 DR
• White paint
• Front cloth bucket seats in black
• Rear cloth bench seat in black
• 2.0L EcoBoost engine with automatic continuously variable transmission • 100A equipment group
• Rear vision camera
• Full size spare tire and wheel
• Remote keyless entry system with (4 key fobs)
• Reverse sensing
• All weather floor liners
• Locking tailgate
• Trailer hitch receiver
• Bedliner – Spray in
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15 Exhibit B
Delivery Schedule
Vehicles should be delivered within 15 days of the dealership taking delivery from the manufacturer.
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16 Exhibit C
Fee Schedule
In no event shall the value of goods purchased under this agreement exceed twohundred and seventy thousand dollars ($270,000). [See Attached Pricing Forms from Fairview Ford Sales Inc.] Packet Page. 1498
Packet Page. 1499
Packet Page. 1500
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 6, 2026
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Authorize a Professional Services Agreement with Axon Enterprise Incorporated in an Amount Not to Exceed
$4,150,000, for a Five-Year Period Beginning May 1, 2026, Through June 30, 2031, (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute a Professional Services Agreement with Axon Enterprise Incorporated for an amount not to exceed $4,150,000, with a term beginning May 1, 2026, through June 30, 2031; and
2. Authorize the Director of Finance and Management Services to issue a purchase order to Axon Enterprise Incorporated for $767,860.50.
City Manager's Comments
The City Manager recommends approval.
Executive Summary
Since 2017, the city has maintained numerous agreements with Axon for body-worn cameras, tasers, evidence retention, and most recently Fusus real-time awareness software. The San Bernardino County Board of Supervisors recently provided funding to the city for a Drone First Responder Program (DFR). Skydio by Axon can provide a complete DFR platform, capable of integrating with existing Real Time Information Center software. The Police Department recommends consolidating this agreement with the existing Axon agreement into a single five-year contract which will include additional body-worn camera licenses as department staffing increases and Skydio DFR to support the RTIC. There is no impact to the General Fund as the cost is funded through existing allocations, the County’s contribution, and COPS FY24/25 funding.
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Background
The City has contracted with Axon (formerly Taser International) since 2017 to provide the Police Department with body-worn cameras (BWC), Taser Conducted Energy Devices (CED), and cloud-based evidence storage. Over the years, the City has executed multiple agreements and amendments with Axon to purchase updated hardware and continue using their services, with the most recent agreement executed September 21, 2022, for a five-year term. Since then, the Department has grown in size, requiring additional BWCs and evidence licenses to accommodate staff.
On May 21, 2025, the City accepted the FY24/25 Citizens’ Options for Public Safety (COPS) funds in the amount of $678,501.23, in part to purchase equipment to support the Real Time Information Center (RTIC).
On June 4, 2025, the City adopted Resolution No 2025-303 accepting $562,500 in funding from San Bernardino County to use toward 75% of the purchase of Unmanned Aerial Systems and equipment for a Drone First Responder Program (DFR).
Skydio by Axon provides a DFR platform that fully integrates with existing department infrastructure, namely Fusus, giving RTIC staff the ability to safely operate drones and operations staff the ability to view the footage in real time while responding to calls for service.
Axon recently introduced automated license plate readers as part of their product offerings. The Department recently concluded a one-year agreement with a previous ALPR vendor, is in need of replacing the ALPR cameras throughout the city as they are a vital law enforcement tool. By incorporating Axon Outpost ALPRs in this agreement to replace the previous ALPRs, the Department can leverage complete integration of these cameras in the Fusus environment, streamlining the RTIC workflow.
The Department has determined that bundling the Skydio DFR and Outpost ALPR purchase with the existing BWC/license expansion agreement into a single five-year agreement will provide a savings of over $800,000 when compared to the cost of purchasing each service individually.
Discussion
Since 2017, officers have used Axon body worn cameras (BWCs) to record law enforcement encounters during calls for service, traffic stops, arrests, and other enforcement actions. The cameras are activated during incidents to capture audio and video evidence in real time. Once recorded, the footage is automatically uploaded into a secure digital evidence management system where it can be reviewed, categorized, and shared for investigations, prosecution, training, and public records requests.
Each BWC requires its own individual software license to operate within the digital evidence platform. The license allows the device to upload, store, and manage video evidence within the system. Because the footage becomes digital evidence, personnel Packet Page. 1502
who do not wear cameras—such as detectives, records staff, crime analysts, dispatchers, administrators —must also have evidence management licenses to review, redact, and share recordings as part of investigations and case preparation.
Body worn cameras improve transparency and accountability during police interactions, help document evidence accurately, and help reduce or mitigate complaints by providing an objective record of incidents. The police department was an early adopter of Axon Enterprises’ BWCs, evidence management system, and tasers. Throughout the years, Axon has proven themselves to be a reliable vendor with trusted data-retention policies and strong support after the sale.
As the Police Department fills vacancies, licensing requirements increase not only for the cameras themselves but also for the personnel who must access and manage the resulting digital evidence. Ensuring adequate licensing is necessary to maintain compliance, properly manage evidence, and support the operational effectiveness.
This agreement expands the BWC/licensing for the department from the current 300 licenses to a final BWC/license count of 328 in year five via incremental increases each year to account for future staffing numbers. Aging cameras will be replaced on a scheduled cycle, and new cameras can be supplied as requested by staff. Additionally, this agreement includes the purchase and installation of an in-vehicle camera system to be placed in the Department’s jail transport van.
At the end of 2024, the Department invested in Fusus by Axon – a video aggregator primarily utilized by RTIC operators and dispatch staff to monitor camera feeds in realtime. On May 21, 2025, Mayor and City Council approved the allocation of FY24/25 COPS funds for RTIC equipment purchases and at the June 4, 2025, Mayor and City Council meeting, the City accepted $562,500 in funding from San Bernardino County to use toward the purchase of Unmanned Aerial Systems and equipment for a Drone First Responder Program (DFR).
Although the Police Department possesses a small fleet of drones, these are consumer grade drones that do not fully integrate within the Fusus platform - their footage can be viewed, but the drone location is not shown and they must be controlled by a pilot with line of sight of the aircraft. Skydio by Axon provides a fully integrated DFR solution for our city’s needs. Skydio drones fully integrate with Fusus, allowing real-time video feeds, live drone coordinates and the ability to control the drone from within the RTIC.
The Department’s Drone as a First Responder (DFR) program would deploy unmanned aircraft from the roof of the station to respond to calls for service before officers arrive. When a priority call is received, RTIC personnel launch a drone remotely from the docking station. The drone provides live video to responding officers and dispatch personnel, allowing them to assess conditions in real time and determine the safest and most effective response. Overall, a DFR program enhances public safety by improving decision-making, reducing response times, and providing officers with better information before they arrive at a scene.
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Finally, Axon Outpost ALPR cameras will be included in this agreement to replace ALPR cameras installed by previous vendors. ALPR technology enhances law enforcement capabilities by allowing officers to quickly identify vehicles associated with crimes, stolen vehicles, or wanted persons. The system captures license plate images and compares them against law enforcement databases, generating alerts when a match is identified. The system integrates with Fusus allowing license plate data and related information to be stored and searched as part of criminal investigations. This integration improves investigative efficiency by providing officers and detectives with timely information that can assist in locating suspects and identifying vehicles connected to criminal activity or missing/wanted persons. Data obtained by Outpost ALPR cameras will only be maintained in compliance with Department Lexipol Policy 463, California Civil Code 1798.90.5, and California Values Act (SB54).
Axon is the only vendor that offers this comprehensive package of body-worn cameras, tasers, evidence storage, Fusus, DFR, and ALPR technology in a platform that fully and seamlessly integrates with the Department’s existing systems. This unique capability is the key factor supporting the Department’s sole source justification for selecting Axon. The department is seeking to establish a new five-year agreement with Axon, superseding the existing agreement to add additional BWC and evidence licenses to account for department growth moving forward. In addition, this agreement will include the DFR program roll-out and replace existing ALPR cameras with Outpost ALPR cameras. The term is from May 1, 2026 through June 30, 2031 for the amount of $4,117,427.35, however, a nominal contingency is being requested, bringing the total not to exceed amount to $4,150,000.
2021-2025 Strategic Targets and Goals
Entering into a five-year agreement with Axon, combining and enhancing Department capabilities aligns with Key Target 2b (Evaluate operations and performance, investment in resources, technology, and to continually improve organizational efficiency and effectiveness); 2c (Re-establish City as the Regional Leader); and 3c (Constantly evaluate and enhance the quality of public safety service).
Fiscal Impact
There is no direct impact to the General Fund. There are sufficient funds allocated in the FY25/26 adopted budget, FY24/25 Citizens’ Option for Public Safety Funds, and through the use of funds awarded by the County of San Bernardino for a DFR program to complete this purchase.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute a Professional Services Agreement with Axon Enterprise Incorporated for an amount not to exceed $4,150,000, with a term beginning May 1, 2026, through June 30, 2031; and
2. Authorize the Director of Finance and Management Services to issue a Packet Page. 1504
purchase order to Axon Enterprise Incorporated for $767,860.50.
Attachments
Attachment 1 Exempt Purchase Justification AEI
Attachment 2 Professional Services Agreement – Axon Enterprises Ward:
All Wards
Synopsis of Previous Council Actions:
June 4, 2025 The Mayor and City Council adopted Resolution No. 2025- 303 authorizing the City Manager to execute a contract with San Bernardino County for the acceptance of funds for the Drone First Responder Program.
May 21, 2025 The Mayor and City Council adopted Resolution No. 2025- 296 authorizing the acceptance of Citizens’ Option for Public Safety Funds.
November 20, 2024 The Mayor and City Council adopted Resolution No. 2024- 227 accepting the FY 2024 COPS Technology and Equipment Funds.
September 21, 2022 The Mayor and City Council adopted Resolution No. 2022- 199 authorizing the City Manager to execute an agreement with Axon.
June 17, 2020 The Mayor and City Council adopted Resolution No. 2020- 129 authorizing the City Manager to execute an agreement with Axon.
December 6, 2017 The Mayor and City Council adopted Resolution No. 2017- 232 authorizing the City Manager to execute an agreement with Axon.
February 21, 2017 The Mayor and City Council adopted Resolution No. 2017- 020 authorizing the City Manager to execute an agreement with Taser International, Inc.
CC: Eric Levitt, City Manager
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City of San Bernardino
EXEMPT PURCHASE JUSTIFICATION FORM
Finance Department
Purchasing Division
Updated June 2025 Page 1 of 2
SECTION 1: GENERAL INFORMATION
VENDOR NAME: ITEM DESCRIPTION:
SECTION 2: FORMS OF EXEMPT PURCHASES
This form documents purchases exempt from competitive bidding under San Bernardino Municipal Code Section 3.04. All exemptions require written justification, appropriate documentation, and approval at the designated authorization level. A current quote showing scope, pricing, and duration must be attached. Select the applicable exemption type below.
SOLE/SINGLE SOURCE: Only one supplier can reasonably meet the department’s needs due to proprietary technology, required compatibility with existing systems, standardization, or a demonstrated track record of successful performance. Written justification and market research are required. ▪ Must demonstrate proprietary technology, exclusive licensing, or specialized performance requirements. ▪ Price cannot be the sole factor in determining sole source status. ▪ Requires market research documentation to substantiate the claim. ➢ Complete all of Section 3 (Questions 3.1–3.4).
COOPERATIVE AGREEMENT/PIGGYBACK: Procurement is being made under a cooperative purchasing agreement, leveraging an existing government contract to secure competitive pricing.
CONTRACT SOURCE: _____________________________ CONTRACT NUMBER: ______________________ ▪ Requires verification from the Purchasing Division before use. ➢ Complete Questions 3.1 and 3.3, if applicable.
EMERGENCY PURCHASE (Defined under San Bernardino Municipal Code 3.04.070): An urgent, unforeseen situation requiring immediate action to prevent or mitigate threats to life, health, property, or essential public services.
▪ Approval Required: Must be reported to the City Manager and City Council. ▪ Justification must include specific details on the emergency and why competition was not feasible. ➢ Complete Questions 3.1 and 3.3, if applicable.
➢ Provide the emergency details in Section 5: Additional Comments.
GRANT-DIRECTED: A procurement mandated by the terms of a grant agreement, such as a required vendor, specific product, or purchasing method identified in the grant award or funding conditions. Requires review by Grants Management and/or Legal.
▪ Must cite specific grant language supporting the exemption. ➢ Attach a copy of the grant agreement or relevant excerpt. ➢ Complete Questions 3.1 and 3.3, if applicable.
CONFIDENTIAL PROCUREMENT (Limited to City Attorney & Human Resources): The procurement involves sensitive or legally protected information that cannot be publicly disclosed. ▪ Must be reviewed by the City Attorney’s Office for legal compliance. ➢ Attach a memo or other supporting documentation as applicable.
SECTION 3: JUSTIFICATION FOR EXEMPT PROCUREMENT
3.1 Why is the acquisition restricted to this good/service/supplier? Axon Enterprise Contract Bundle
Axon has provided the Department with Body-Worn Cameras (BWC) and its proprietary data storage system, Evidence.com for almost a decade. These systems have been interfaced with City wide software, New World, connected them to the Department's Computer Aided Dispatch (CAD) and Law Enforcement Records Management System (LERMS). Recently the City entered into an agreement with Axon for their Fusus line, providing a Real-Time Intelligence Ecosystem, which is also proprietary and has been interfaced with legacy systems. This agreement will bundle our existing BWC contract with Axon's Drone First Responder (DRF) system and ALPR cameras. Each of these additional services need to directly interface with both legacy systems as well as Axon proprietary systems.
Axon is the sole authorized distributor for these products. ✔
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City of San Bernardino
EXEMPT PURCHASE JUSTIFICATION FORM
Finance Department
Purchasing Division
Updated June 2025 Page 2 of 2
3.2 Describe the uniqueness of the purchase (why was the good/service/supplier chosen?)
3.3 What are the consequences of not purchasing the good/service or contracting with the proposed supplier?
3.4 Summarize the market research conducted, including efforts to identify alternatives and determine price reasonableness.
Include supplier contacts, past purchase comparisons, or explain if no search was carried out.
SECTION 4: AUTHORIZING SIGNATURES
By signing below, I certify that I am authorized to submit this request, that it complies with the City’s procurement policies and MC §3.04, and that the selected vendor meets all qualification, pricing, and regulatory requirements. I understand that purchases over $100,000 require City Council approval, regardless of exemption. _________________________________ _______________
Department Head Date
Approved
_________________________________ _______________
Purchasing Manager (Up to $50,000) Date
Not Approved
Approved
_________________________________ _______________
City Manager (Up to $100,000) Date
Not Approved
SECTION 5: ADDITIONAL COMMENTS
Axon is the only vendor who can provide seamless integration with both proprietary and legacy systems. This is crucial as each of these products work synergisticly to provide the Department with data and evidence collection/storage for the Department's Real Time Information Center(RTIC). This will provide staff working in the RTIC to access data and evidence collected throughout the Department and community in one place, Evidence.com. Further, integration with legacy systems allows for data, oversight and statistical analysis is all Departmental data and evidence. This enables RTIC staff to be a force multiplier for investigating and preventing crime.
Failing to bundle existing contracts with the enhanced capabilities offered by Axon will prevent the department from obtaining those capabilities. There is no other vendor who has the capability or capacity to fully integrate with both legacy systems and Axon proprietary systems already in use. Axon provides unlimited storage of data ingested directly via other Axon services specifically for this type of deployment - minimizing the need to utilize third-party storage solutions.
The Department conducted an extensive national market search for BWC, DFR, and ALPR. Though there are additional vendors who provide some of these services, none of them have the capabilities to fully integrate with legacy systems and the Axon ecosystem the Department already uses. Vendors like Aurodome, Flock Safety, Flying Lyon, Motorola, Genetec and Paladin were contacted. Many of which provided demonstrations and other agency customer contacts. None of these vendors had the capabilities of Axon nor the ability to integrate with legacy systems. The closest solution required staff to physically remove hardware and upload recordings into Evidence.com. This is not only inefficient, but dramatically increases the chance of user error.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
AXON ENTERPRISE, INC.
This professional services agreement (“Agreement”) is made and entered into as of May 6, 2026, by and between the City of San Bernardino (a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401) (“City”) and Axon Enterprise, Inc. (a Delaware corporation with its principal place of business at 17800 North 85th Street Scottsdale, Arizona 85255) (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.
RECITALS
A. The Parties (under Consultant’s previous name of Taser International, Inc.) entered into an agreement on February 21, 2017, for body-worn camera services and data storage; and
B. The City Council adopted Resolution No. 2017-232 on December 6, 2017, authorizing the City Manager to execute a five (5) year agreement with Consultant for body-worn cameras and Taser X26P weapons; and
C. The Parties entered into an agreement on June 17, 2020, for body-worn cameras, digital evidence management, and Taser conducted energy weapons; and D. The Parties entered into an agreement on September 21, 2022, for bodyworn cameras and digital evidence management; and E. The County of San Bernardino awarded the City funding in the amount of five hundred sixty-two thousand, five hundred dollars ($562,500) to support the purchase of unmanned aerial systems equipment for a Drone First Responder Program; and F. City desires to bundle the services provided by Consultant into a single five (5) year agreement to expand the police department’s operational capabilities, streamline system integration, and provide significant cost savings; and G. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services and equipment described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
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1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in Consultant’s Quote Number Q-800742-46086LG with an expiration date of May 30, 2026, as set forth in Exhibit A (attached hereto and incorporated herein by this reference). City’s receipt and Consultant’s provision of services shall also be subject to the following Consultant documents, all of which are attached hereto and incorporated herein by this reference: “Additional Terms and Conditions” as set forth in Exhibit B; “Axon Cloud Services Terms of Use Appendix” as set forth in Exhibit C; “Axon Application Programming Interface Appendix” as set forth in Exhibit D; “Axon Virtual Reality Content Terms of Use Appendix” as set forth in Exhibit E; “Axon Investigate Appendix” as set forth in Exhibit F; “My90 Terms of Use Appendix” as set forth in Exhibit G; “Dedrone Product Appendix” as set forth in Exhibit H; “Professional Services Appendix” as set forth in Exhibit I; “Technology Assurance Plan Appendix” as set forth in Exhibit J; “Axon Auto-Tagging Appendix” as set forth in Exhibit K; “Axon ALPR Appendix” as set forth in Exhibit L; and “TASER Device Appendix” as set forth in Exhibit M. In the event of any inconsistency between the terms of Exhibits and this Agreement, the terms of this Agreement shall govern.
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation
a. Subject to paragraph 4b below, the City shall pay for the services listed in Exhibit A.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of four-million, one-hundred twenty thousand dollars ($4,150,000). This amount is to cover all related costs for the duration of the term, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by the Parties and informal consultations with the other Party indicate that a change is warranted, it shall be processed by the Consultant forwarding a letter to the City outlining the changes with a statement of estimated changes in fee or time schedule. An amendment to this Packet Page. 1509
Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on May 1, 2026 and continue through the completion of services as set forth in Exhibit A, unless the Agreement is previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance
a. Neither Party shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics, or quarantine restrictions. “Orders of governmental authorities” includes ordinances; emergency proclamations and orders; and rules to protect the public health, welfare, and safety. b. Should a Force Majeure Event occur, the non-performing Party shall (within a reasonable time of being prevented from performing) give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
10. Compliance with Law
a. Consultant shall comply with all applicable laws, ordinances, codes, Packet Page. 1510
and regulations of the Federal, state, and local government (including California Division of Occupational Safety and Health Administration requirements). b. Consultant shall assist the City as requested in obtaining and maintaining all permits required of Consultant by Federal, state, and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and / or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles; and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Services.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City; and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate. Consultant shall (prior to execution of this Agreement) obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City (which may be withheld for any reason). Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
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Consultant shall be responsible for all reports and obligations respecting such personnel (including but not limited to social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance).
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured. The City (its officials, officers, employees, agents, and volunteers) shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain (during the performance of all work under this Agreement, in amounts not less than specified herein) Commercial General (“CG”) Liability Insurance in a form and with insurance companies acceptable to the City.
(ii) Coverage for CG Liability insurance shall be at least as broad as Insurance Services Office (“ISO”) CG Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse, and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City (its elected and appointed officials, officers, employees, agents, and City-designated volunteers) additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
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(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City; and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage (including coverage for owned, non-owned, and hired vehicles in a form and with insurance companies acceptable to the City). (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City (its elected and appointed officials, officers, employees, agents, and City-designated volunteers) additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles; provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code; and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement (at all times during the performance of the work under this Agreement), the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement (all in accordance with the “Workers’ Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein). Consultant shall require all subconsultants to obtain and maintain (for the period required by this Agreement) workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement, the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors, or omissions of the Consultant. “Covered Professional Services” as Packet Page. 1513
designated in the policy must specifically include work performed under this Agreement.
The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber). At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches; (2) system breaches; (3) denial or loss of service; and (4) the introduction, implantation, or spread of malicious software code in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required
(i) The following insurance limits are required:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement; or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the Parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required. Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds (where appropriate) the type and amount Packet Page. 1514
of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement; except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance, or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three (3) years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period (a) if the retroactive date is advanced past the effective date of this Agreement; (b) if the policy is cancelled or not renewed; or (c) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages (except for the professional liability coverage) shall contain or be endorsed to provide waiver of subrogation in favor of the City (its officials, officers, employees, agents, and volunteers) or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City; and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers. All policies required shall be issued by acceptable insurance companies (as determined by the City) which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any Federal law.
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k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant; and any approval of said insurance by the City is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement (including but not limited to the provisions concerning indemnification). (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) The City (City Council, any member of the City Council, officials, officers, employees, agents, or volunteers) shall not be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification and Limitation of Liability.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify, and hold the City (its elected and appointed officials, officers, employees, agents, and authorized volunteers) free and harmless from any and all claims (demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind in law or equity to property or persons including wrongful death (“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged negligent acts errors, omissions, or willful misconduct of Consultant (its officials, officers, employees, subcontractors, consultants, or agents) in connection with the performance of the Consultant’s services, the Project, or this Agreement or product liability claims (including without limitation the payment of all damages, expert witness fees, attorneys’ fees, and other related costs and expenses). This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City (the City Council, members of the City Council, its employees, or authorized volunteers).
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Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. Limitation of Liability. The remedies provided for in this Agreement are expressly in lieu of any other liability Consultant may have. Consultant’s cumulative liability to any the City for any loss or damage resulting from any claims, demands, or actions arising out of relating to any Consultant product will not exceed $5,000,000.00, except for cases of Consultant’s willful misconduct, recklessness, or gross negligence.
18. California Labor Code Requirements
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (as well as California Code of Regulations, Title 8, Section 16000, et seq.) ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws if applicable.
Consultant shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claims (liabilities, costs, penalties, or interest) arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815), and debarment of contractors and subcontractors (Labor Code Section 1777.1).
b. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and Federal law respecting the employment of undocumented aliens (including but not limited to the Immigration Reform and Control Act of 1986 as may be amended from time to time), and shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term Packet Page. 1517
of this Agreement, the action shall be brought in a state or Federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. The City has the right to terminate or abandon any portion or all of the work under this Agreement by giving thirty (30) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports, and other documents produced or developed for that portion of the work completed and/or being abandoned.
The City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services (based on an amount mutually agreed to by the Parties of the portion of such task completed but not paid prior to said termination). The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
c. If the Agreement is terminated prior to its completion for default, Consultant shall refund the monthly prorated cost of the incomplete term.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses (including reasonable attorneys’ fees incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof). The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant (when requested) shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall (at no cost to City) provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
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25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement; and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents and Data. All original field notes, written reports, drawings and specifications, and other documents produced or developed for the Project shall (upon payment in full for the services described in this Agreement) be furnished to and become the property of the City, except as otherwise provided in “Termination or Abandonment” above.
27. Organization. Consultant shall assign David Hillas Customer Success Manager. Consultant shall provide City fifteen (15) days written notice before removing or reassigning the Project Manager from the Project.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office (certified mail, return receipt requested, postage prepaid, and addressed to the following addresses) and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Axon Enterprise, Inc.
17800 North 85th Street
Scottsdale, AZ 85255
Attn: Legal
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
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32. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
33. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators, and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
34. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person (other than a bona fide employee working solely for Consultant) to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person (other than a bona fide employee working solely for Consultant) any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. No official, officer, or employee of City (during the term of his or her service with City) shall have any direct interest in this Agreement; or obtain any present or anticipated material benefit arising therefrom for the term of this Agreement.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect.
37. Time of Essence. Time is of the essence for each and every provision of this Agreement.
38. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this Agreement.
39. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
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40. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties; and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
41. Entire Agreement. This Agreement (including the Exhibits) represents the entire understanding of the Parties as to those matters contained herein; and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
42. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 1521
SIGNATURE PAGE
FOR
PROFESSIONAL SOFTWARE SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
AXON ENTERPRISE, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
ATTESTED BY:
Telicia Lopez
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
AXON ENTERPRISE, INC.
Robert Driscoll
Deputy General Counsel
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EXHIBIT A
EXHIBIT A
AXON QUOTE
Quote Q-800742-46086LG attached on following pages
Packet Page. 1523
Q-800742-46086LG
Issued: 03/05/2026
Quote Expiration: 05/30/2026
Estimated Contract Start Date: 07/01/2026
Account Number: 106954
Payment Terms: N30
Mode of Delivery: AUTO-GND
Credit/Debit Amount: $0.00
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
San Bernardino Police Dept. - CA
710 N D St
San Bernardino,
CA
92401-1112
USA
San Bernardino Police Dept. - CA
710 N D St
San Bernardino
CA
92401-1112
USA
Email:
Lauren Gauer
Phone: 480-580-3639
Email: [email protected]
Fax:
Adam Affrunti
Phone: (909) 384-5606
Email: [email protected]
Fax:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $160,433.17 TOTAL COST $4,025,176.25
ESTIMATED TOTAL W/ TAX $4,117,427.35 TOTAL SAVINGS $802,165.85 Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic:(800) 978-2737
International: +1.800.978.2737
EXHIBIT A
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Payment Summary
Date Subtotal Tax Total
May 2026 $750,000.00 $17,860.50 $767,860.50
Jun 2026 $630,021.70 $18,082.97 $648,104.67
Jul 2027 $648,491.24 $13,884.24 $662,375.48
Jul 2028 $658,471.18 $14,141.12 $672,612.30
Jul 2029 $665,812.64 $14,141.12 $679,953.76
Jul 2030 $672,379.49 $14,141.15 $686,520.64
Total $4,025,176.25 $92,251.10 $4,117,427.35
Packet Page. 1525
Quote Unbundled Price: $4,012,803.47
Quote List Price: $3,471,591.83
Quote Subtotal: $4,025,176.25
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100553 TRANSFER BALANCE - SOFTWARE AND SERVICES 1 $1.00 ($31,299.32) ($31,299.32) $0.00 ($31,299.32) 100552 TRANSFER BALANCE - GOODS 1 $1.00 $68,236.13 $68,236.13 $5,970.66 $74,206.79 BWCamTAP Body Worn Camera TAP Bundle 300 60 $55.84 $39.00 $39.00 $702,000.00 $43,420.36 $745,420.36 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 38 60 $82.78 $62.52 $62.52 $142,545.60 $8,875.74 $151,421.34 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 7 48 $1,049.00 $7,343.00 $642.51 $7,985.51 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 48 $55.39 $61.27 $42.89 $2,058.72 $175.19 $2,233.91 BWCamTAP Body Worn Camera TAP Bundle 7 48 $36.11 $38.22 $26.75 $8,988.00 $758.56 $9,746.56 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 7 36 $1,049.00 $7,343.00 $642.51 $7,985.51 BWCamTAP Body Worn Camera TAP Bundle 7 36 $42.86 $37.46 $32.47 $8,182.44 $626.32 $8,808.76 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 1 36 $65.89 $60.05 $52.04 $1,873.44 $144.35 $2,017.79 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 7 24 $1,049.00 $7,343.00 $642.51 $7,985.51 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 7 12 $1,049.00 $7,343.00 $642.52 $7,985.52 Fleet3B Fleet 3 Basic 1 60 $66.71 $166.82 $84.16 $5,049.60 $61.05 $5,110.65 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 3 60 $30.20 $24.92 $24.92 $4,485.60 $118.06 $4,603.66 A00044 AXON AIR DFR DOCK PLAN 2 60 $5,471.66 $656,599.20 $14,059.50 $670,658.70 A00046 AXON AIR DFR PATROL PLAN 1 60 $1,556.68 $93,400.80 $3,801.00 $97,201.80 B00076 OUTPOST TAP PLAN 28 60 $366.09 $249.20 $199.36 $334,924.80 $10,790.82 $345,715.62 A la Carte Hardware
100698 AXON FLEET 3 - 2 CAMERA KIT - HIGH CAPACITY 1 $3,495.00 $3,495.00 $3,495.00 $305.82 $3,800.82 H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $1,638.90 $1,638.90 $143.41 $1,782.31 H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $1,638.90 $1,638.90 $143.40 $1,782.30 H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $1,638.90 $1,638.90 $143.40 $1,782.30 H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $1,638.90 $1,638.90 $143.41 $1,782.31 A la Carte Software
73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 100 60 $10.85 $0.00 $0.00 $0.00 $0.00
80227 AXON FUSUS - LICENSE - VIEW ONLY USER 35 60 $0.00 $0.00 $0.00 $0.00 $0.00 73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 7 12 $10.00 $10.00 $840.00 $0.00 $840.00
73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 12 $10.00 $10.00 $840.00 $0.00 $840.00 102610 AXON COMMUNITY LINK 7 12 $15.00 $11.70 $982.66 $0.00 $982.66 73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 7 24 $10.20 $10.20 $1,713.60 $0.00 $1,713.60
73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 24 $10.20 $10.20 $1,713.60 $0.00 $1,713.60 102610 AXON COMMUNITY LINK 7 24 $15.30 $11.47 $1,927.59 $0.00 $1,927.59 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 7 12 $30.00 $30.00 $2,520.00 $0.00 $2,520.00
73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 7 36 $10.41 $10.41 $2,623.32 $0.00 $2,623.32
73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 36 $10.41 $10.41 $2,623.32 $0.00 $2,623.32 102610 AXON COMMUNITY LINK 7 36 $15.61 $11.25 $2,836.12 $0.00 $2,836.12 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 48 $10.62 $10.62 $3,568.32 $0.00 $3,568.32 Packet Page. 1526
73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 7 48 $10.62 $10.62 $3,568.32 $0.00 $3,568.32
102610 AXON COMMUNITY LINK 7 48 $15.94 $11.04 $3,709.72 $0.00 $3,709.72 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 7 24 $30.60 $30.60 $5,140.80 $0.00 $5,140.80
73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 7 36 $31.22 $31.22 $7,867.44 $0.00 $7,867.44
73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 7 48 $31.87 $31.87 $10,708.32 $0.00 $10,708.32
73449 AXON BODY - LEGACY LICENSE - CONNECTED CAMERA 300 17 $5.04 $5.04 $25,704.00 $0.00 $25,704.00 73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 200 60 $10.85 $10.85 $130,200.00 $0.00 $130,200.00 102610 AXON COMMUNITY LINK 300 60 $16.27 $10.83 $194,988.00 $0.00 $194,988.00 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 300 60 $10.85 $10.85 $195,300.00 $0.00 $195,300.00 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 300 60 $32.55 $32.55 $585,900.00 $0.00 $585,900.00 BasicLicense Basic License Bundle 100 60 $16.27 $16.25 $97,500.00 $0.00 $97,500.00 ProLicense Pro License Bundle 235 60 $48.82 $48.75 $687,375.00 $0.00 $687,375.00 BasicLicense Basic License Bundle 7 48 $15.94 $15.92 $5,349.12 $0.00 $5,349.12 BasicLicense Basic License Bundle 7 36 $15.61 $15.61 $3,933.72 $0.00 $3,933.72 BasicLicense Basic License Bundle 7 24 $15.30 $15.30 $2,570.40 $0.00 $2,570.40 BasicLicense Basic License Bundle 7 12 $15.00 $15.00 $1,260.00 $0.00 $1,260.00 A la Carte Services
101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED
VEHICLE 1 $3,000.00 $3,000.00 $3,000.00 $0.00 $3,000.00 A la Carte Warranties
80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 1 $22.00 $22.00 $22.00 $0.00 $22.00 80464 AXON BODY - TAP WARRANTY - CAMERA 7 1 $14.60 $14.60 $102.20 $0.00 $102.20 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 13 $22.04 $22.04 $286.52 $0.00 $286.52 80464 AXON BODY - TAP WARRANTY - CAMERA 7 13 $14.62 $14.62 $1,330.42 $0.00 $1,330.42 100695 AXON FLEET 3 - EXT WARRANTY - HIGH CAPACITY 2
CAMERA KIT 1 49 $14.37 $14.37 $704.13 $0.00 $704.13
Total $4,025,176.25 $92,251.10 $4,117,427.35
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AXON AIR DFR DOCK PLAN 102768 AXON AIR - SKYDIO X10 DOCK DFR HW KIT 2 1 06/01/2026 AXON AIR DFR DOCK PLAN 102771 AXON AIR - SKYDIO SAFE - X10 DOCK DFR OPS HW KIT - REFRESH 1
2 1 06/01/2026
AXON AIR DFR PATROL PLAN 102765 AXON AIR - SKYDIO X10 PATROL DFR HW KIT 1 1 06/01/2026 Fleet 3 Basic 70112 AXON SIGNAL - VEHICLE 1 1 06/01/2026 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 72002 AXON FLEET 3 - INTERIOR CAMERA INTERIOR MOUNT 3 1 06/01/2026 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 72032 AXON FLEET - CABLE - ETHERNET CAT6 20 FT 3 1 06/01/2026 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 72037 AXON FLEET 3 - INTERIOR CAMERA 3 1 06/01/2026 OUTPOST TAP PLAN 102032 AXON OUTPOST - CAMERA 28 1 06/01/2026 OUTPOST TAP PLAN 102488 AXON OUTPOST - SOLAR PANEL - 100W 28 1 06/01/2026 OUTPOST TAP PLAN 102538 AXON OUTPOST - TOP MOUNT END CAP - STANDARD 28 1 06/01/2026 Packet Page. 1527
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date OUTPOST TAP PLAN 102543 AXON OUTPOST - BATTERY & CHARGER ENCLOSURE - EXTENDED 28 1 06/01/2026
OUTPOST TAP PLAN 102552 AXON OUTPOST - POLE - STANDARD 28 1 06/01/2026 OUTPOST TAP PLAN 102737 AXON OUTPOST - STANDARD SOLAR HARDWARE KIT 28 1 06/01/2026 A la Carte 100698 AXON FLEET 3 - 2 CAMERA KIT - HIGH CAPACITY 1 1 06/01/2026 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 7 1 06/01/2027
AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 1 1 06/01/2027 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 06/01/2027 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 06/01/2027 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 38 1 12/01/2027 Body Worn Camera TAP Bundle 73309 AXON BODY - TAP REFRESH 1 - CAMERA 310 1 12/01/2027 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 7 1 06/01/2028
AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 1 1 06/01/2028 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 06/01/2028 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 06/01/2028 AXON AIR DFR PATROL PLAN 102767 AXON AIR - SKYDIO SAFE - X10 PATROL DFR HW KIT - REFRESH 1
1 1 12/01/2028
AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 7 1 06/01/2029
AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 1 1 06/01/2029 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 06/01/2029 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 06/01/2029 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 7 1 06/01/2030
AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 1 1 06/01/2030 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 06/01/2030 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 06/01/2030 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 1 1 06/01/2030 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 1 1 06/01/2030 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 38 1 06/01/2030 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 7 1 06/01/2030 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 7 1 06/01/2030 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 310 1 06/01/2030 OUTPOST TAP PLAN 102144 AXON OUTPOST - TAP REFRESH ONE - CAMERA 28 1 06/01/2031 OUTPOST TAP PLAN 102810 AXON OUTPOST - TAP REFRESH ONE - BATTERY ENCLOSURE EXTENDED 28 1 06/01/2031
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date AXON AIR DFR DOCK PLAN 102656 AXON AIR - AXON EVIDENCE UNLIMITED DATA STORAGE PER DRONE 2 07/01/2026 06/30/2031
AXON AIR DFR DOCK PLAN 102766 AXON AIR - SKYDIO X10 DOCK DFR SUBCRIPTION PLAN W/ DATA 2 07/01/2026 06/30/2031
AXON AIR DFR PATROL PLAN 102656 AXON AIR - AXON EVIDENCE UNLIMITED DATA STORAGE PER DRONE 1 07/01/2026 06/30/2031
AXON AIR DFR PATROL PLAN 102678 AXON AIR - SKYDIO X10 PATROL DFR SUBSCRIPTION PLAN W/ DATA 1 07/01/2026 06/30/2031
Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 100 07/01/2026 06/30/2031 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 100 07/01/2026 06/30/2031 Fleet 3 Basic 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 1 07/01/2026 06/30/2031 Packet Page. 1528
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Basic 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 2 07/01/2026 06/30/2031 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 3 07/01/2026 06/30/2031 OUTPOST TAP PLAN 102142 AXON VEHICLE INTELLIGENCE - ALPR LICENSE 28 07/01/2026 06/30/2031 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 705 07/01/2026 06/30/2031 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 235 07/01/2026 06/30/2031 A la Carte 102610 AXON COMMUNITY LINK 300 07/01/2026 06/30/2031 A la Carte 73449 AXON BODY - LEGACY LICENSE - CONNECTED CAMERA 300 07/01/2026 11/30/2027 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 200 07/01/2026 06/30/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 100 07/01/2026 06/30/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 300 07/01/2026 06/30/2031 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 300 07/01/2026 06/30/2031 A la Carte 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 35 07/01/2026 06/30/2031 Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 7 07/01/2027 06/30/2031 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 7 07/01/2027 06/30/2031 A la Carte 102610 AXON COMMUNITY LINK 7 07/01/2027 06/30/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 07/01/2027 06/30/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 07/01/2027 06/30/2031 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 07/01/2027 06/30/2031 Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 7 07/01/2028 06/30/2031 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 7 07/01/2028 06/30/2031 A la Carte 102610 AXON COMMUNITY LINK 7 07/01/2028 06/30/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 07/01/2028 06/30/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 07/01/2028 06/30/2031 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 07/01/2028 06/30/2031 Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 7 07/01/2029 06/30/2031 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 7 07/01/2029 06/30/2031 A la Carte 102610 AXON COMMUNITY LINK 7 07/01/2029 06/30/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 07/01/2029 06/30/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 07/01/2029 06/30/2031 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 07/01/2029 06/30/2031 Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 7 07/01/2030 06/30/2031 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 7 07/01/2030 06/30/2031 A la Carte 102610 AXON COMMUNITY LINK 7 07/01/2030 06/30/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 07/01/2030 06/30/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 07/01/2030 06/30/2031 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 07/01/2030 06/30/2031 Services
Bundle Item Description QTY
AXON AIR DFR DOCK PLAN 101498 AXON AIR - SKYDIO - IN-PERSON TRAINING - DOCK FOR X10 1 AXON AIR DFR DOCK PLAN 101499 AXON AIR - SKYDIO X10 DOCK COMMISSIONING 1 AXON AIR DFR DOCK PLAN 102526 PSO 1-DAY ONSITE TRAINING 1 AXON AIR DFR DOCK PLAN 102666 AXON AIR - SKYDIO X10 DOCK DFR SERVICES - PREMIUM SOLUTION 2 AXON AIR DFR DOCK PLAN 12021 AXON AIR - PROFESSIONAL IMPLEMENTATION 1 AXON AIR DFR PATROL PLAN 102667 AXON AIR - SKYDIO X10 PATROL DFR SERVICES - PREMIUM SOLUTION 1 OUTPOST TAP PLAN 102136 AXON OUTPOST - STANDARD INSTALLATION 28 OUTPOST TAP PLAN 102143 AXON OUTPOST - UPGRADE INSTALLATION 28 A la Carte 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 1 Packet Page. 1529
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 38 07/01/2026 06/30/2031 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 10 07/01/2026 06/30/2031 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 300 07/01/2026 06/30/2031 Fleet 3 Basic 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 1 06/01/2027 06/30/2031 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 80385 AXON FLEET 3 - EXT WARRANTY - INTERIOR CAMERA 3 06/01/2027 06/30/2031 OUTPOST TAP PLAN 102135 AXON OUTPOST - EXT WARRANTY - CAMERA 28 06/01/2027 06/30/2031 OUTPOST TAP PLAN 102137 AXON OUTPOST - MAINTENANCE 28 06/01/2027 06/30/2031 A la Carte 100695 AXON FLEET 3 - EXT WARRANTY - HIGH CAPACITY 2 CAMERA KIT 1 06/01/2027 06/30/2031 Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 06/01/2028 06/30/2031 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 7 06/01/2028 06/30/2031 Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 06/01/2029 06/30/2031 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 7 06/01/2029 06/30/2031 A la Carte 80464 AXON BODY - TAP WARRANTY - CAMERA 7 06/01/2030 06/30/2031 A la Carte 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 06/01/2030 06/30/2031 A la Carte 80464 AXON BODY - TAP WARRANTY - CAMERA 7 06/01/2031 06/30/2031 A la Carte 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 06/01/2031 06/30/2031 Packet Page. 1530
Shipping Locations
Location Number Street City State Zip Country
1 710 N D St San Bernardino CA 92401-1112 USA
Payment Details
May 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Skydio Payment A00044 AXON AIR DFR DOCK PLAN 2 $656,599.20 $14,059.50 $670,658.70 Skydio Payment A00046 AXON AIR DFR PATROL PLAN 1 $93,400.80 $3,801.00 $97,201.80 Total $750,000.00 $17,860.50 $767,860.50
Jun 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 102610 AXON COMMUNITY LINK 300 $37,136.82 $0.00 $37,136.82 Annual Payment 1 73449 AXON BODY - LEGACY LICENSE - CONNECTED CAMERA 300 $4,895.51 $0.00 $4,895.51 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 100 $0.00 $0.00 $0.00 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 200 $24,797.50 $0.00 $24,797.50 Annual Payment 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 300 $37,196.24 $0.00 $37,196.24 Annual Payment 1 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 300 $111,588.73 $0.00 $111,588.73 Annual Payment 1 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 35 $0.00 $0.00 $0.00 Annual Payment 1 B00076 OUTPOST TAP PLAN 28 $63,788.77 $2,055.18 $65,843.95 Annual Payment 1 BasicLicense Basic License Bundle 100 $18,569.55 $0.00 $18,569.55 Annual Payment 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 38 $27,148.80 $1,690.44 $28,839.24 Annual Payment 1 BWCamTAP Body Worn Camera TAP Bundle 300 $133,700.78 $8,269.71 $141,970.49 Annual Payment 1 ProLicense Pro License Bundle 235 $130,915.34 $0.00 $130,915.34 Fleet - Annual Payment 1 100695 AXON FLEET 3 - EXT WARRANTY - HIGH CAPACITY 2 CAMERA KIT 1 $140.83 $0.00 $140.83 Fleet - Annual Payment 1 100698 AXON FLEET 3 - 2 CAMERA KIT - HIGH CAPACITY 1 $698.95 $61.16 $760.11 Fleet - Annual Payment 1 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 1 $600.00 $0.00 $600.00 Fleet - Annual Payment 1 Fleet3B Fleet 3 Basic 1 $1,009.94 $12.21 $1,022.15 Fleet - Annual Payment 1 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 3 $897.13 $23.61 $920.74 Transfer Value 100552 TRANSFER BALANCE - GOODS 1 $68,236.13 $5,970.66 $74,206.79 Transfer Value 100553 TRANSFER BALANCE - SOFTWARE AND SERVICES 1 ($31,299.32) $0.00 ($31,299.32) Total $630,021.70 $18,082.97 $648,104.67
Jul 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 3 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Jul 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 102610 AXON COMMUNITY LINK 7 $927.43 $0.00 $927.43 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 7 $892.08 $0.00 $892.08 Annual Payment 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 7 $892.08 $0.00 $892.08 Annual Payment 1 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 7 $2,677.09 $0.00 $2,677.09 Annual Payment 1 BasicLicense Basic License Bundle 7 $1,337.28 $0.00 $1,337.28 Packet Page. 1531
Page
9 Q-800742-46086LG
Jul 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle1 $514.67 $43.80 $558.47 Annual Payment1 BWCamTAP Body Worn Camera TAP Bundle7 $2,247.00 $189.64 $2,436.64 Annual Payment1 H00002 AB4 Multi Bay Dock Bundle1 $1,638.90 $143.41 $1,782.31 Annual Payment1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE7 $7,343.00 $642.51 $7,985.51 Annual Payment2 102610 AXON COMMUNITY LINK 300 $39,462.79 $0.00 $39,462.79 Annual Payment2 73449 AXON BODY- LEGACY LICENSE- CONNECTED CAMERA 300 $5,202.12 $0.00 $5,202.12 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 100 $0.00 $0.00 $0.00 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 200 $26,350.63 $0.00 $26,350.63 Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 300 $39,525.94 $0.00 $39,525.94 Annual Payment2 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE) 300 $118,577.82 $0.00 $118,577.82 Annual Payment2 80227 AXON FUSUS- LICENSE- VIEW ONLY USER 35 $0.00 $0.00 $0.00 Annual Payment2 B00076 OUTPOST TAP PLAN 28 $67,784.02 $2,183.91 $69,967.93 Annual Payment2 BasicLicense Basic License Bundle 100 $19,732.61 $0.00 $19,732.61 Annual Payment2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 38 $28,849.20 $1,796.32 $30,645.52 Annual Payment2 BWCamTAP Body Worn Camera TAP Bundle 300 $142,074.82 $8,787.67 $150,862.49 Annual Payment2 ProLicense Pro License Bundle 235 $139,114.89 $0.00 $139,114.89 Fleet- Annual Payment2 100695 AXON FLEET3- EXT WARRANTY- HIGH CAPACITY2 CAMERA KIT1 $140.83 $0.00 $140.83 Fleet- Annual Payment2 100698 AXON FLEET3-2 CAMERA KIT- HIGH CAPACITY1 $698.97 $61.16 $760.13 Fleet- Annual Payment2 101282 AXON FLEET3- DEPLOYMENT- PER OVERSIZED VEHICLE1 $600.00 $0.00 $600.00 Fleet- Annual Payment2 Fleet3B Fleet3 Basic1 $1,009.94 $12.21 $1,022.15 Fleet- Annual Payment2 InteriorCam FLEET3 INTERIOR CAMERA, ADD-ON BUNDLE3 $897.13 $23.61 $920.74 Total $648,491.24 $13,884.24 $662,375.48
Jul 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment2 102610 AXON COMMUNITY LINK7 $927.43 $0.00 $927.43 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE7 $892.08 $0.00 $892.08 Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE7 $892.08 $0.00 $892.08 Annual Payment2 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE)7 $2,677.09 $0.00 $2,677.09 Annual Payment2 BasicLicense Basic License Bundle7 $1,337.28 $0.00 $1,337.28 Annual Payment2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle1 $514.67 $43.80 $558.47 Annual Payment2 BWCamTAP Body Worn Camera TAP Bundle7 $2,247.00 $189.64 $2,436.64 Annual Payment3 102610 AXON COMMUNITY LINK 300 $39,462.79 $0.00 $39,462.79 Annual Payment3 73449 AXON BODY- LEGACY LICENSE- CONNECTED CAMERA 300 $5,202.12 $0.00 $5,202.12 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 100 $0.00 $0.00 $0.00 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 200 $26,350.63 $0.00 $26,350.63 Annual Payment3 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 300 $39,525.94 $0.00 $39,525.94 Annual Payment3 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE) 300 $118,577.82 $0.00 $118,577.82 Annual Payment3 80227 AXON FUSUS- LICENSE- VIEW ONLY USER 35 $0.00 $0.00 $0.00 Annual Payment3 B00076 OUTPOST TAP PLAN 28 $67,784.02 $2,183.91 $69,967.93 Annual Payment3 BasicLicense Basic License Bundle 100 $19,732.61 $0.00 $19,732.61 Annual Payment3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 38 $28,849.20 $1,796.32 $30,645.52 Annual Payment3 BWCamTAP Body Worn Camera TAP Bundle 300 $142,074.82 $8,787.67 $150,862.49 Annual Payment3 ProLicense Pro License Bundle 235 $139,114.89 $0.00 $139,114.89 Fleet- Annual Payment3 100695 AXON FLEET3- EXT WARRANTY- HIGH CAPACITY2 CAMERA KIT1 $140.83 $0.00 $140.83 Fleet- Annual Payment3 100698 AXON FLEET3-2 CAMERA KIT- HIGH CAPACITY1 $698.97 $61.16 $760.13 Fleet- Annual Payment3 101282 AXON FLEET3- DEPLOYMENT- PER OVERSIZED VEHICLE1 $600.00 $0.00 $600.00 Fleet- Annual Payment3 Fleet3B Fleet3 Basic1 $1,009.94 $12.21 $1,022.15 Fleet- Annual Payment3 InteriorCam FLEET3 INTERIOR CAMERA, ADD-ON BUNDLE3 $897.13 $23.61 $920.74 Phase2- Annual Payment1 102610 AXON COMMUNITY LINK7 $945.37 $0.00 $945.37 Phase2- Annual Payment1 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE7 $874.44 $0.00 $874.44 Phase2- Annual Payment1 73682 AXON EVIDENCE- AUTO TAGGING LICENSE7 $874.44 $0.00 $874.44 Packet Page. 1532
Jul 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Phase2- Annual Payment1 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE)7 $2,622.49 $0.00 $2,622.49 Phase2- Annual Payment1 BasicLicense Basic License Bundle7 $1,311.24 $0.00 $1,311.24 Phase2- Annual Payment1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle1 $624.48 $48.12 $672.60 Phase2- Annual Payment1 BWCamTAP Body Worn Camera TAP Bundle7 $2,727.48 $208.77 $2,936.25 Phase2- Upfront Hardware H00002 AB4 Multi Bay Dock Bundle1 $1,638.90 $143.40 $1,782.30 Phase2- Upfront Hardware HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE7 $7,343.00 $642.51 $7,985.51 Total $658,471.18 $14,141.12 $672,612.30
Jul 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment1 102610 AXON COMMUNITY LINK7 $963.80 $0.00 $963.80 Annual Payment1 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE7 $856.80 $0.00 $856.80 Annual Payment1 73682 AXON EVIDENCE- AUTO TAGGING LICENSE7 $856.80 $0.00 $856.80 Annual Payment1 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE)7 $2,570.40 $0.00 $2,570.40 Annual Payment1 80464 AXON BODY- TAP WARRANTY- CAMERA7 $665.21 $0.00 $665.21 Annual Payment1 80465 AXON BODY- TAP WARRANTY- MULTI BAY DOCK1 $143.26 $0.00 $143.26 Annual Payment1 BasicLicense Basic License Bundle7 $1,285.20 $0.00 $1,285.20 Annual Payment3 102610 AXON COMMUNITY LINK7 $927.43 $0.00 $927.43 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE7 $892.08 $0.00 $892.08 Annual Payment3 73682 AXON EVIDENCE- AUTO TAGGING LICENSE7 $892.08 $0.00 $892.08 Annual Payment3 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE)7 $2,677.09 $0.00 $2,677.09 Annual Payment3 BasicLicense Basic License Bundle7 $1,337.28 $0.00 $1,337.28 Annual Payment3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle1 $514.67 $43.80 $558.47 Annual Payment3 BWCamTAP Body Worn Camera TAP Bundle7 $2,247.00 $189.64 $2,436.64 Annual Payment4 102610 AXON COMMUNITY LINK 300 $39,462.79 $0.00 $39,462.79 Annual Payment4 73449 AXON BODY- LEGACY LICENSE- CONNECTED CAMERA 300 $5,202.12 $0.00 $5,202.12 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 200 $26,350.63 $0.00 $26,350.63 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 100 $0.00 $0.00 $0.00 Annual Payment4 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 300 $39,525.94 $0.00 $39,525.94 Annual Payment4 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE) 300 $118,577.82 $0.00 $118,577.82 Annual Payment4 80227 AXON FUSUS- LICENSE- VIEW ONLY USER 35 $0.00 $0.00 $0.00 Annual Payment4 B00076 OUTPOST TAP PLAN 28 $67,784.02 $2,183.91 $69,967.93 Annual Payment4 BasicLicense Basic License Bundle 100 $19,732.61 $0.00 $19,732.61 Annual Payment4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 38 $28,849.20 $1,796.32 $30,645.52 Annual Payment4 BWCamTAP Body Worn Camera TAP Bundle 300 $142,074.82 $8,787.67 $150,862.49 Annual Payment4 ProLicense Pro License Bundle 235 $139,114.89 $0.00 $139,114.89 Fleet- Annual Payment4 100695 AXON FLEET3- EXT WARRANTY- HIGH CAPACITY2 CAMERA KIT1 $140.83 $0.00 $140.83 Fleet- Annual Payment4 100698 AXON FLEET3-2 CAMERA KIT- HIGH CAPACITY1 $698.97 $61.16 $760.13 Fleet- Annual Payment4 101282 AXON FLEET3- DEPLOYMENT- PER OVERSIZED VEHICLE1 $600.00 $0.00 $600.00 Fleet- Annual Payment4 Fleet3B Fleet3 Basic1 $1,009.94 $12.21 $1,022.15 Fleet- Annual Payment4 InteriorCam FLEET3 INTERIOR CAMERA, ADD-ON BUNDLE3 $897.13 $23.61 $920.74 Phase2- Annual Payment2 102610 AXON COMMUNITY LINK7 $945.37 $0.00 $945.37 Phase2- Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE7 $874.44 $0.00 $874.44 Phase2- Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE7 $874.44 $0.00 $874.44 Phase2- Annual Payment2 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE)7 $2,622.48 $0.00 $2,622.48 Phase2- Annual Payment2 BasicLicense Basic License Bundle7 $1,311.24 $0.00 $1,311.24 Phase2- Annual Payment2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle1 $624.48 $48.12 $672.60 Phase2- Annual Payment2 BWCamTAP Body Worn Camera TAP Bundle7 $2,727.48 $208.77 $2,936.25 Phase3- Upfront Hardware H00002 AB4 Multi Bay Dock Bundle1 $1,638.90 $143.40 $1,782.30 Phase3- Upfront Hardware HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE7 $7,343.00 $642.51 $7,985.51 Total $665,812.64 $14,141.12 $679,953.76
Packet Page. 1533
Jul 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment1 102610 AXON COMMUNITY LINK7 $982.66 $0.00 $982.66 Annual Payment1 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE7 $840.00 $0.00 $840.00 Annual Payment1 73682 AXON EVIDENCE- AUTO TAGGING LICENSE7 $840.00 $0.00 $840.00 Annual Payment1 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE)7 $2,520.00 $0.00 $2,520.00 Annual Payment1 80464 AXON BODY- TAP WARRANTY- CAMERA7 $102.20 $0.00 $102.20 Annual Payment1 80465 AXON BODY- TAP WARRANTY- MULTI BAY DOCK1 $22.00 $0.00 $22.00 Annual Payment1 BasicLicense Basic License Bundle7 $1,260.00 $0.00 $1,260.00 Annual Payment1 H00002 AB4 Multi Bay Dock Bundle1 $1,638.90 $143.41 $1,782.31 Annual Payment1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE7 $7,343.00 $642.52 $7,985.52 Annual Payment2 102610 AXON COMMUNITY LINK7 $963.80 $0.00 $963.80 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE7 $856.80 $0.00 $856.80 Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE7 $856.80 $0.00 $856.80 Annual Payment2 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE)7 $2,570.39 $0.00 $2,570.39 Annual Payment2 80464 AXON BODY- TAP WARRANTY- CAMERA7 $665.21 $0.00 $665.21 Annual Payment2 80465 AXON BODY- TAP WARRANTY- MULTI BAY DOCK1 $143.26 $0.00 $143.26 Annual Payment2 BasicLicense Basic License Bundle7 $1,285.20 $0.00 $1,285.20 Annual Payment4 102610 AXON COMMUNITY LINK7 $927.43 $0.00 $927.43 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE7 $892.08 $0.00 $892.08 Annual Payment4 73682 AXON EVIDENCE- AUTO TAGGING LICENSE7 $892.08 $0.00 $892.08 Annual Payment4 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE)7 $2,677.09 $0.00 $2,677.09 Annual Payment4 BasicLicense Basic License Bundle7 $1,337.28 $0.00 $1,337.28 Annual Payment4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle1 $514.67 $43.79 $558.46 Annual Payment4 BWCamTAP Body Worn Camera TAP Bundle7 $2,247.00 $189.64 $2,436.64 Annual Payment5 102610 AXON COMMUNITY LINK 300 $39,462.79 $0.00 $39,462.79 Annual Payment5 73449 AXON BODY- LEGACY LICENSE- CONNECTED CAMERA 300 $5,202.12 $0.00 $5,202.12 Annual Payment5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 100 $0.00 $0.00 $0.00 Annual Payment5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 200 $26,350.63 $0.00 $26,350.63 Annual Payment5 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 300 $39,525.94 $0.00 $39,525.94 Annual Payment5 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE) 300 $118,577.82 $0.00 $118,577.82 Annual Payment5 80227 AXON FUSUS- LICENSE- VIEW ONLY USER 35 $0.00 $0.00 $0.00 Annual Payment5 B00076 OUTPOST TAP PLAN 28 $67,784.02 $2,183.91 $69,967.93 Annual Payment5 BasicLicense Basic License Bundle 100 $19,732.61 $0.00 $19,732.61 Annual Payment5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 38 $28,849.20 $1,796.34 $30,645.54 Annual Payment5 BWCamTAP Body Worn Camera TAP Bundle 300 $142,074.82 $8,787.64 $150,862.46 Annual Payment5 ProLicense Pro License Bundle 235 $139,114.89 $0.00 $139,114.89 Fleet- Annual Payment5 100695 AXON FLEET3- EXT WARRANTY- HIGH CAPACITY2 CAMERA KIT1 $140.83 $0.00 $140.83 Fleet- Annual Payment5 100698 AXON FLEET3-2 CAMERA KIT- HIGH CAPACITY1 $698.97 $61.18 $760.15 Fleet- Annual Payment5 101282 AXON FLEET3- DEPLOYMENT- PER OVERSIZED VEHICLE1 $600.00 $0.00 $600.00 Fleet- Annual Payment5 Fleet3B Fleet3 Basic1 $1,009.94 $12.21 $1,022.15 Fleet- Annual Payment5 InteriorCam FLEET3 INTERIOR CAMERA, ADD-ON BUNDLE3 $897.13 $23.62 $920.75 Phase2- Annual Payment3 102610 AXON COMMUNITY LINK7 $945.37 $0.00 $945.37 Phase2- Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE7 $874.44 $0.00 $874.44 Phase2- Annual Payment3 73682 AXON EVIDENCE- AUTO TAGGING LICENSE7 $874.44 $0.00 $874.44 Phase2- Annual Payment3 73686 AXON EVIDENCE- STORAGE- UNLIMITED (AXON DEVICE)7 $2,622.48 $0.00 $2,622.48 Phase2- Annual Payment3 BasicLicense Basic License Bundle7 $1,311.24 $0.00 $1,311.24 Phase2- Annual Payment3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle1 $624.48 $48.11 $672.59 Phase2- Annual Payment3 BWCamTAP Body Worn Camera TAP Bundle7 $2,727.48 $208.78 $2,936.26 Total $672,379.49 $14,141.15 $686,520.64
Packet Page. 1534
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.
Packet Page. 1535
Exceptions to Standard Terms and Conditions
Agency has existing contract(s) originated via Quote(s):
Q-384166, Q-556567, Q-561590, Q-644192, Q-701040, Q-733561, Q-737438, Agency is terminating those contracts effective 7/1/2026. Any changes in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon.
The parties agree that Axon is applying a Transfer Balance of $36,936.81.
All TAP obligations from this contract will be considered fulfilled upon execution of this quote.
If this contract is executed, the following invoices do not need to be paid:
Outstanding Invoice - INUS374183 - 9/1/2025 - $5,171.63 Outstanding Invoice - INUS373457 - 9/1/2025 - $12,732.40 Rewrite Estimates
Estimated Amounts and Contract Terminations. Any amounts stated as due under existing or terminated contracts — including contract transfer balances carried forward to new or pending contracts — are estimates based on payments received as of the calculation date. These estimates may be adjusted if new contracts are not executed on the anticipated dates or if expected payments are not made.
Refresh Shipment Timing
Technology Assurance Plan (TAP) Refresh Prior to Renewal. For Customers with expiring agreements that include TAP refresh rights, Axon may, in its discretion, ship refresh hardware under the existing contract while renewal or replacement agreements are in progress. Any such shipments will be deemed made under the terms of the existing contract until the new contract is fully executed, after which any applicable updates, fees, or adjustments will apply.
Shipment Timing
Shipment Variance. Estimated shipment dates are provided for planning purposes only and are not guarantees. Axon may ship hardware before or after the estimated shipment date, and failure to meet an estimated shipment date will not, by itself, constitute a breach, provided Axon uses commercially reasonable efforts to meet estimated shipment dates.
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\s1\ \d1\
Signature Date Signed
3/5/2026
Packet Page. 1537
Outpost SOW
1 Version 1.1 June 2025
1. Purpose. This Statement of Work (“SOW”) outlines the scope, responsibilities, and installation details for Axon as part of the Customer’s purchase of Axon Outpost. This SOW operates under the terms of the Agreement. All capitalized terms in this SOW shall have the same meaning as the Agreement.
2. Scope of Work. Axon and Axon authorized subcontractors will install and maintain Axon Outpost on selected Customer owned properties.
3. Installation Sites. Customer grants Axon the right to install and maintain Axon Outpost at sites approved by Axon.
3.1. If sites have not been selected or assessed at the time of contract signature, Axon reserves the right to invoice the Customer for additional install complexities not accounted for in the initial quote.
4. Installation, Validation, and Support.
4.1. Site Selection and Assessment. Axon will support site selection and assessment. Assessments may be conducted virtually or in-person and may include confirmation of visibility/coverage, cellular signal strength, solar feasibility, and access to AC power sources.
4.1.1.For all existing infrastructure installation sites, the Customer is responsible for the condition of existing infrastructure.
4.1.2.If during a site walk it has been deemed that an installation is more complex than initially quoted, Axon will notify the Customer in writing of scope and cost changes. No additional work will be initiated without Customer approval.
4.1.3.If Axon deems a selected location site is not suitable for installation, a new site must be selected and assessed.
4.2. Permitting. Axon will assist with obtaining the necessary local, state, or Federal approvals before installing Outpost. All permitting fees are the responsibility of the customer, unless otherwise stated. All permit licenses will be in the name of the customer.
4.3. Installation. Axon will install all Axon Outpost hardware and agreed-upon pole (where applicable).
4.3.1.Solar Sites. For sites with solar power, Axon will: (a) install the Outpost camera, battery, and solar panel; (b) ensure the camera is connected to power and internet; (c) ensure the camera is set at the optimal capture angle; (d) ensure the panel is installed for optimal sun exposure.
4.3.2.AC Sites. For sites with AC power, Axon will: (a) install the Outpost camera and AC adapter; (b) ensure the camera is set at the optimal capture angle. Axon will not conduct any electrical work to connect the AC adapter to power. The customer may work with a licensed electrician to connect the camera to power. Or, If requested, the customer may request for Axon to coordinate with a licensed electrician for an additional cost.
4.3.3.Existing Infrastructure Installations. Axon will install Outpost on existing infrastructure (e.g. utility pole, DOT pole, trailer) that is owned by the customer or where attachment agreements are already in place. If selected infrastructure has existing camera(s), Axon will remove the hardware before installing Outpost. Axon will not dispose of equipment, repair any surfaces or structures, or remove underground cables or conduit.
4.3.4.Standard Installations. Axon will install a direct burial pole with Outpost. Axon will call 811 prior to installation. Standard installation sites may not be in locations that require a breakaway or MASH rated pole.
4.3.5.Advanced Installations. Axon will install a breakaway or MASH rated pole with Outpost or install Outpost on existing infrastructure not owned by the Customer. Axon will call 811 prior to installation.
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Outpost SOW
2 Version 1.1 June 2025
4.3.6.Complex Location Sites. Complex location sites require a custom SOW and include, but are not limited to, toll booths, bridges and overpasses, federal or military land, areas with restricted access or high security, flood zones, railway crossing, mountainous or hilly terrain.
4.3.7.Exclusions. Installation services do not include the following, unless specifically scoped in a custom SOW: electrical work, concrete drilling, bucket truck or non-standard equipment rental, trenching, tree trimming, custom engineered drawings or traffic plans, traffic control beyond basic MUTCD traffic control, environmental impact studies.
5. Power Requirements.
5.1. AC-Powered Sites. Axon will provide all necessary equipment compatible with standard AC power configurations. The Customer is responsible for contracting a licensed electrician to ensure installation meets NEC (National Electrical Code) standards. Power must be continuous and non-switched to support uninterrupted system operation. All electrical work must comply with local codes and safety regulations.
5.2. Solar-Powered Sites. Installation sites must offer unobstructed southern exposure to maximize solar efficiency. Axon will assess solar viability during site assessment, including shading, positioning, and mounting considerations. The Customer will ensure the selected sites maintain direct, unobstructed visibility to the sky to ensure consistent solar energy capture. The Customer agrees to help maintain environmental conditions that support reliable solar performance (e.g., minimizing nearby shade, vegetation growth).
6. Traffic Control. Axon will provide basic MUTCD traffic control and provide necessary traffic signs, cones, and temporary barriers.
7. Dependencies and Potential Delays. Installation is subject to but not limited by the following factors, which may affect scheduling and completion: delays due to local permitting requirements or jurisdictional approvals; availability and completion of necessary electrical work at the installation site (for AC-powered setups); coordination with the Customer and subcontractors, including restricted hours or special access requirements; weather-related delays that may impact site safety or installation feasibility; or any site-specific safety protocols or regulatory requirements that must be satisfied prior to deployment.
8. Training and Onboarding. Axon’s team will provide hands-on training for relevant personnel, user credentials and access to supporting applications, and operational guidance tailored to the current system configuration.
9. General Responsibilities.
9.1. Axon will: (a) install, configure, and maintain all hardware at designated location site; (b) validate system power, connectivity, and functionality of Outpost; (c) integrate Outpost with Fusus, including NCIC and state hotlists; and (d) will provide training, documentation, and technical support to Customer personnel
9.2. The Customer will: (a) fund and maintain all legally required permits, authorizations, and/or licensing to place, maintain, and/or remove the Outpost at the installation sites; (b) ensure access to installation sites, support device placement communication, and coordinate internally (e.g., facilities, IT, legal, public safety) to facilitate deployment; (c) support scheduling for permitting and local compliance requirements; (d) designate a primary and backup point of contact; and (e) support site selection, utility clearance, and installation approvals.
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EXHIBIT B
EXHIBIT B
1. Definitions.
1.1. "Axon Cloud Services" means Axon’s web services, including, but not limited to, Axon Evidence, Axon Records, Axon Dispatch, FUSUS services, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com.
1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are a subset of Axon Devices.
1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices. Any inconsistent or supplemental terms within Customer’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors.
1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.
2. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon a valid tax exemption certificate.
3. 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.
4. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.
5. Warranty.
5.1. Limited Warranty. Axon warrants that Axon-manufactured Devices, except for TASER devices covered under the TASER Appendix, are free from defects in workmanship and materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer’s receipt and Axon-manufactured accessories, which Axon warrants for ninety (90) days from Customer’s receipt, respectively, from the date of Customer’s receipt. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term purchased.
5.2. Disclaimer. Except as otherwise provided in the Agreement, all software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer. If Customer purchases Axon Loki, Customer acknowledges the Loki device is designed for operation in enclosed, controlled environments and must be used in compliance with all applicable laws and safety guidelines. Operation in open or unapproved areas may result in signal interference, loss of control, or damage, and Axon assumes no liability for improper use, including any resulting harm or regulatory violations.
5.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.
5.3.1. 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 Axonmanufactured Device for service, Customer must upload Axon-manufactured Device data to Packet Page. 1540
EXHIBIT B
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 Axonmanufactured Device sent to Axon for service.
5.4. 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 nonfunctioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices for the intended purpose.
5.5. 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.
5.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales-terms-and-conditions.
5.7. Third-Party Hardware, Software and Services. Use of hardware, software, or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any.
5.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer expressly waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Customer agrees not to make or bring any such claim against any Release, and forever release and discharge all Releasees from liability under such claims.
Customer expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Customer.
6. Free Trial.
6.1. Trial Period and License. At any time during the Term, Customer and Axon may elect to enter a free trial of Axon Devices and Services new to the Customer for a designated period (“Trial Period”) as described in a quote issued (“Trial Quote”). During the Trial Period, Axon grants Customer a nonexclusive, terminable, non-transferable, license to use new Axon Devices and Services provided for trial to the Customer (“Trial Products”). Trial Products may include Axon beta software or firmware which additional terms may be required and included within the Trial Quote. Axon may limit the number of Trial Products Customer receives within the Trial Quote. Axon may supply refurbished Trial Products.
ALL FREE TRIAL PRODUCTS INCLUDING, WITHOUT LIMITATION, AXON CLOUD SERVICES, ARE PROVIDED “AS IS” AND TO THE EXTENT NOT PROHIBITED BY LAW, AXON DISCLAIMS ALL LIABILITY REGARDLESS OF THE CLAIM.
6.2. Trial Quote Termination. Upon at least 10 business days’ prior written notice to Axon at any time prior to the end of the Trial Period, Customer may as its sole option, terminate the free Trial Period and underlying Trial Quote associated with the Trial Products for convenience. Customer’s rights to the Trial Products will immediately terminate at the end of the Trial Period, and Customer will return any Trial Products hardware to Axon within 10 days after the effective date of such termination or at the end of the Trial Period, excluding used CEW cartridges. If any individual component of the Trial Products is not returned, Axon will invoice Customer the MSRP of the unreturned items. Customer agrees to pay the invoice along with any applicable taxes and shipping. Customer will return the Trial Products to Axon in good working condition, minus normal wear and tear. Axon may charge Customer if there is damage beyond normal wear and tear. Any Customer Content shall be stored and returned pursuant to the Axon Cloud Services Terms of Use Appendix
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EXHIBIT B
7. Statement of Work. Certain Axon Devices and Services, including, but not limited to, Axon Interview Room, Axon Channel Services, Axon Justice Implementation, FUSUS, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW. Additional services outside of the SOW, Quote, or this Agreement are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. Any applicable SOW is incorporated into this Agreement by reference.
8. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
9. Design Changes. Axon may make design or feature changes to any Axon Device or Service without notifying Customer or making the same change to Axon Devices and Services previously purchased by Customer.
10. Combined Offerings. Some offerings in a Quote combine existing and pre-released Axon Devices or Services. Some offerings may not be available at the time of Customer’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to delay of availability or Customer’s choice not to utilize any portion of a combined offering.
11. 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.
12. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or a Customer-authorized user’s breach of this Agreement or violation of applicable law; (c) disputes between Customer and a third-party over Customer’s use of Axon Devices; (d) secure and sustainable destruction and disposal of Axon Devices at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.
13. Termination.
13.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured thirty (30) days after written notice. If Customer terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.
13.2. 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.
13.3. Effect of Termination. Upon termination of this Agreement, Customer rights immediately terminate.
Customer remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Customer the difference between the MSRP for Axon Devices procured, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For multiple Axon Devices that may be combined as a single offering on a Quote, MSRP is the standalone price of all individual components.
14. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.
15. General.
15.1. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
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EXHIBIT B
15.2. 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.
15.3. Compliance with Laws. Each Party will comply with all applicable federal, state, and local laws, including without limitation, import and export control laws and regulations as well as firearm regulations and the Gun Control Act of 1968. Customer acknowledges that Axon Devices and Services are subject to U.S. and international export control laws, including the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Customer represents and warrants that neither it nor any End User is a "Restricted Person," meaning any individual or entity that (1) is subject to U.S. sanctions or trade restrictions, (2) appears on any U.S. government restricted party list, (3) engages in prohibited weapons proliferation activities, or (4) is owned or controlled by, or acting on behalf of, such persons or entities. Customer must promptly notify Axon of any change in status, and Axon may terminate this Agreement if Customer or any End User becomes a Restricted Person or violates export laws.
15.4. 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.
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EXHIBIT C
EXHIBIT C
Axon Cloud Services Terms of Use Appendix
1. Definitions.
1.1. “Data Controller” means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data.
1.2. “Data Processor” means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Controller.
1.3. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s tenant, including media or multimedia uploaded into Axon Cloud Services by Customer.
Customer Content includes Evidence but excludes Non-Content Data.
1.4. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content.
1.5. “End User” means the natural person subject to Customer’s authorized license grant who ultimately uses the Cloud Services as provided under this Agreement. End Users must adhere to the terms of use and are subject to any usage restrictions or limitations specified in this Agreement.
1.6. "Non-Content Data" is data, configuration, and usage information about Customer’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Customer Content.
1.7. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.8. "Provided Data" means de-identified, de-personalized, data derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports.
1.9. “Subprocessor” means any third party engaged by the Data Processor to assist in data processing activities that the Data Processor is carrying out on behalf of the Data Controller.
1.10."Transformed Data" means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.
2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed the total number of End Users specified in the Quote. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence access granted solely for TASER, Customer may access and use Axon Evidence only to store and manage TASER CEW data ("TASER Data") and Customer may not upload nonTASER Data to Axon Evidence.
3. Customer Owns Customer Content. Customer controls and owns all rights, title, and interest in Customer Content. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will only have access to Customer Content for the limited purposes set forth herein.
Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.
4. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Packet Page. 1544
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Bureau of Investigation Criminal Justice Information Services Security Addendum for its digital evidence or records management systems.
5. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content or has the necessary rights to use Customer Content (b) ensuring no Customer Content or Customer End User’s use of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any auto generated or AI-generated reports. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately terminate that End User’s access to Axon Cloud Services.
5.1 Customer will also maintain the security of End User usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. If Customer provides access to unauthorized third-parties, Axon may assess additional fees along with suspending Customer’s access. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or Customer Content, or if account information is lost or stolen.
5.2 To the extent Customer uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at
https://www.youtube.com/static?template=terms.
6. Privacy. Customer’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Customer agrees to allow Axon access to Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.
7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Customer’s Axon Cloud Services tenant.
8. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if the Axon Device data is shared to Customer through Axon Evidence from a partner agency using Axon Evidence, or the data originates from Axon Capture or an Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6) months into archival storage.
Customer Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access.
8.1. Third-Party Unlimited Storage. For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon Evidence user license; (ii) is limited to data of the law enforcement Customer that purchased the Third-Party Unlimited Storage and the Axon Evidence End User; (iii) Customer is prohibited from storing data for other customers or law enforcement agencies; and (iv) Customer may only upload and store data that is directly related to (1) the investigation of, or the prosecution or defense of a crime, (2) common law enforcement activities, or (3) any Customer Content created by Axon Devices or Axon Evidence.
8.2. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage.
Axon will determine the locations of data centers for storage of Customer Content If Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in the country where Customer is located Ownership of Customer Content remains with Customer.
9. Suspension. Axon may temporarily suspend Customer’s or any End User’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer or End User’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred Packet Page. 1545
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through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement.
10. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services Service Offerings will be subject to the Axon Cloud Services Service Level Agreement, a current version of which is available at https://www.axon.com/products/axon-evidence/sla.
11. Roles of the Parties. To the extent that Customer is the Data Controller of Personal Data, Axon is its Data Processor. To the extent that Customer is a Data Processor of Personal Data, Axon is its Subprocessor. Notwithstanding the foregoing, to the extent any usage data (including query logs and metadata) and/or operations data (including billing and support data) in connection with Customer’s use of the Services (collectively “Usage and Operations Data”) is considered Personal Data, Axon is an independent Data Controller and shall Process such data in accordance with the Agreement and applicable data protection laws to develop, improve, support, and operate its products and services. For the avoidance of doubt, Axon will not disclose any Usage and Operations Data that includes confidential information with a third party except (a) in accordance with the relevant confidentiality provisions in the Agreement, or (b) to the extent the Usage and Operations Data is, in accordance with applicable data protection laws, anonymized, de-identified, and/or aggregated such that it can no longer directly or indirectly identify Customer or any particular individual.
12. TASER Data Science Program. Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.
12.1.If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely for the purposes of this Agreement and to create Transformed Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data.
12.2.Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to TASER Data Science report provided to Customer for its own internal purposes. The Data Science report is provided “as is” and without any warranty of any kind.
12.3.In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to [email protected]. Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to collect Provided Data from Customer.
13. Axon Records. The following terms apply to Axon Records. Customers may purchase Axon Records either as part of an OSP 7 or OSP 10 plan or individually through a Quote.
13.1.Axon Record subscription begins on the later of the (1) start date of the Quote, or (2) the date Axon provisions Axon Records to Customer. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 plan, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription Term").
13.2.An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. During the Customer’s Axon Records Subscription Term Axon will provide Update and Upgrade releases to the Customer on an if-and-when available basis.
13.3.New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included as part of the Axon Records Subscription.
13.4.End Users of Axon Records may upload files to entities (incidents, reports, cases, etc.) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Customer exceed an average rate of one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages.
14. FUSUS. If Customer purchases a subscription to FUSUS, the following terms apply:
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14.1.License and Storage. The specific license number(s) and associated data storage terms for FUSUS subscription and Axon Devices shall be set forth in the applicable Quote provided by Axon.
14.2.Third party Components. Customer is responsible for use of any internet access devices and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by Customer to access the service (“Third-Party Components”) are the sole and exclusive responsibility of Customer, and Axon has no responsibility for such Third-party Components, or Customer relationships with such third parties. Customer agrees to at all times comply with the lawful terms and conditions of agreements with such third parties. Axon does not represent or warrant that the FUSUS cloud services and the Customer Content are compatible with any specific third-party hardware or software or any other Third-Party Components. Customer is responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the FUSUS cloud services.
14.3.Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the context of facilitating communication of data with Customer through their use of FUSUS cloud services FUSUS app (iOS or Android interface), complying with legal requirements, monitoring the Customer’s use of FUSUS systems, and undertaking data analytics.
15. Axon Community Request Storage. If Community Request is included as part of Customer’s Quote or combined offering, Customer may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Customer’s Axon Evidence instance. The post-termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.
16. Performance Auto-Tagging Data. If Axon Performance is included in Customer’s Quote or a combined offering, Axon will store call for service data from Customer’s CAD or RMS in order to provide services and features of Axon Performance to Customer.
17. Axon Cloud Services Restrictions. Customer and Customer End Users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
17.1.copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
17.2.reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;
17.3.access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
17.4.use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
17.5.access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
17.6.remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or
17.7.use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code.
18. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content. Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services.
19. 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.
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20. U.S. Government Rights. If Customer is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S.
Government’s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue use of Axon Cloud Services.
21. 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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EXHIBIT D
Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services are included on the Quote.
1. Definitions.
1. "API Client" means the software that acts as the interface between Customer’s computer and the server, which is already developed or to be developed by Customer.
2. "API Interface" means software implemented by Customer to configure Customer’s independent API Client Software to operate in conjunction with the API Service for Customer’s authorized Use.
3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Customer’s Axon Evidence account or integrate Customer’s Axon Evidence account with other systems.
4. "Use" means any operation on Customer’s data enabled by the supported API functionality.
2. Purpose and License.
1. Customer may use API Service and data made available through API Service, in connection with an API Client developed by Customer. Axon may monitor Customer’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Customer agrees to not interfere with such monitoring or obscure from Axon Customer’s use of API Service. Customer will not use API Service for commercial use.
2. Axon grants Customer a non-exclusive, non-transferable, nonsublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Customer’s Use in connection with Customer’s API Client.
3. Axon reserves the right to set limitations on Customer’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits.
3. Configuration. Customer will work independently to configure Customer’s API Client with API Service for Customer’s applicable Use. Customer will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Customer will inform Axon promptly of any updates. Upon Customer’s registration, Axon will provide documentation outlining API Service information.
4. Customer Responsibilities. When using API Service, Customer and its End Users may not:
1. use API Service in any way other than as expressly permitted under this Agreement;
2. use in any way that results in, or could result in, any security breach to Axon;
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3. perform an action with the intent of introducing any virus, worm, defect, Trojan horse, malware, or any item of a destructive nature to Axon Devices and Services;
4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service;
5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software;
6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;
7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service;
8. frame or mirror API Service on any other server, or wireless or Internetbased device;
9. make available to a third-party, any token, key, password or other login credentials to API Service;
10.take any action or inaction resulting in illegal, unauthorized or improper purposes; or
11.disclose Axon’s API manual.
5. API Content. All content related to API Service, other than Customer Content or Customer’s API Client content, is considered Axon’s API Content, including:
1. the design, structure and naming of API Service fields in all responses and requests;
2. the resources available within API Service for which Customer takes actions on, such as evidence, cases, users, or reports;
3. the structure of and relationship of API Service resources; and
4. the design of API Service, in any part or as a whole.
6. Prohibitions on API Content. Neither Customer nor its End Users will use API content returned from the API Interface to:
1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party;
3. misrepresent the source or ownership; or
4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices).
7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Customer is required to implement and use the most current version of API Service and to make any applicable changes to Customer’s API Client required as a result of such API Update. API Updates may adversely affect how Customer’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Customer to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions.
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EXHIBIT E
Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.
1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software, and contents thereof, provided by Axon to Customer related to virtual reality (collectively, "Virtual Reality Media").
2. Headsets. Customer may purchase additional virtual reality headsets from Axon. In the event Customer decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Customer must purchase those headsets from Axon.
3. License Restrictions. All licenses will immediately terminate if Customer does not comply with any term of this Agreement. If Customer utilizes more users than stated in this Agreement, Customer must purchase additional Virtual Reality Media licenses from Axon. Customer may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Customer may not:
1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;
2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same;
3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;
4. use trade secret information contained in Virtual Reality Media;
5. resell, rent, loan or sublicense Virtual Reality Media;
6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or
7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.
4. Termination. Axon may terminate Customer’s license immediately for Customer’s failure to comply with any of the terms in this Agreement.
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EXHIBIT F
Axon Investigate Appendix
If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third Party Video Support License, the following appendix shall apply.
1. License Grant. Subject to the terms and conditions specified below and upon payment of the applicable fees set forth in the Quote, Axon grants to Customer a nonexclusive, nontransferable license to install, use, and display the Axon Investigate software ("Software") solely for its own internal use only and for no other purpose, for the duration of subscription term set forth in the Quote. This Agreement does not grant Customer any right to enhancements or updates, but if such are made available to Customer and obtained by Customer they shall become part of the Software and governed by the terms of this Agreement.
2. Third-Party Licenses. Axon licenses several third-party codecs and applications that are integrated into the Software. Users with an active support contract with Axon are granted access to these additional features. By accepting this agreement, Customer agrees to and understands that an active support contract is required for all of the following features: DNxHD output formats, decoding files via the "fast indexing" method, proprietary file metadata, telephone and email support, and all future updates to the software. If Customer terminates the annual support contract with Axon, the features listed above will be disabled within the Software. It is recommended that users remain on an active support contract to maintain the full functionality of the Software.
3. Restrictions on Use. Customer may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement.
Customer may not modify, translate, reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent applicable laws specifically prohibit such restrictions.
Customer may not rent, lease, sublicense, grant a security interest in or otherwise transfer Customer’s rights to or to use the Software. Any rights not granted are reserved to Axon.
4. Term. For purchased perpetual Licenses only—excluding Licenses leased for a pre-determined period, evaluation licenses, companion licenses, as well as temporary licenses--the license shall be perpetual unless Customer fails to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice. The terms of Paragraphs 1, 2, 3, 5, 6, 8 and 9 shall survive termination of this Agreement. For licenses leased for a pre-determined period, for evaluation licenses, companion licenses, as well as temporary licenses, the license is granted for a period beginning at the installation date and for the duration of the evaluation period or temporary period as agreed between Axon and Customer.
5. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all changes, modifications, and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only to the rights and privileges expressly granted by Axon. This Packet Page. 1553
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Agreement does not provide Customer with title or ownership of the Software, but only a right of limited use.
6. Copies. The Software is copyrighted under the laws of the United States and international treaty provisions. Customer may not copy the Software except for backup or archival purposes, and all such copies shall contain all Axon’s notices regarding proprietary rights as contained in the Software as originally provided to Customer. If Customer receives one copy electronically and another copy on media, the copy on media may be used only for archival purposes and this license does not authorize Customer to use the copy of media on an additional server.
7. Actions Required Upon Termination. Upon termination of the license associated with this Agreement, Customer agrees to destroy all copies of the Software and other text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Software that are provided by Axon to Customer ("Software Documentation") or return such copies to Axon. Regarding any copies of media containing regular backups of Customer's computer or computer system, Customer agrees not to access such media for the purpose of recovering the Software or online Software Documentation.
8. Export Controls. None of the Software, Software Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, of the office of Export Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed goods, to any person on the U.S. Treasury Department’s list of Specially Designated Nations, or the U.S. Department of Commerce’s Table of Denials.
9. U.S. Government Restricted Rights. The Software and Software Documentation are Commercial Computer Software provided with Restricted Rights under Federal Acquisition Regulations and Customer supplements to them.
Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227-7013 et. Seq. or 252.211-7015, or subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255.
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EXHIBIT G
My90 Terms of Use Appendix
Definitions.
1. "My90" means Axon’s proprietary platform and methodology to obtain and analyze feedback, and other related offerings, including, without limitation, interactions between My90 and Axon products.
2. "Recipient Contact Information" means contact information, as applicable, including phone number or email address (if available) of the individual whom Customer would like to obtain feedback.
3. "Customer Data" means
1. "My90 Customer Content" which means data, including Recipient Contact Information, provided to My90 directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology. My90 Customer Content does not include My90 Non-Content Data.
2. "My90 Non-Content Data" which means data, configuration, and usage information about Customer's My90 tenant, and client software, users, and survey recipients that is Processed (as defined in Section 1.6 of this Appendix) when using My90 or responding to a My90 Survey.
My90 Non-Content Data includes data about users and survey recipients captured during account management and customer support activities. My90 Non-Content Data does not include My90 Customer Content.
3. "Survey Response" which means survey recipients' response to My90 Survey.
4. "My90 Data" means
1. "My90 Survey" which means surveys, material(s) or content(s) made available by Axon to Customer and survey recipients within My90.
2. "Aggregated Survey Response" which means Survey Response that has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to, a particular individual.
5. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
6. "Processing" means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
7. "Sensitive Personal Data" means Personal Data that reveals an individual’s health, racial or ethnic origin, sexual orientation, disability, religious or philosophical beliefs, or trade union membership.
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2. Access. Upon Axon granting Customer a subscription to My90, Customer may access and use My90 to store and manage My90 Customer Content, and applicable My90 Surveys and Aggregated Survey Responses. This Appendix is subject to the Terms and Conditions of Axon’s Master Service and Purchasing Agreement or in the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern.
3. IP address. Axon will not store survey respondents’ IP address.
4. Customer Owns My90 Customer Content. Customer controls or owns all right, title, and interest in My90 Customer Content. Except as outlined herein, Axon obtains no interest in My90 Customer Content, and My90 Customer Content is not Axon’s business records. Except as set forth in this Agreement, Customer is responsible for uploading, sharing, managing, and deleting My90 Customer Content. Axon will only have access to My90 Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to My90 Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of My90 and other Axon products.
5. Details of the Processing. The nature and purpose of the Processing under this Appendix are further specified in Schedule 1 Details of the Processing, to this Appendix.
6. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Data against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Customer Data including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; security education; and data protection. Axon will not treat Customer Data in accordance with FBI CJIS Security Policy requirements and does not agree to the CJIS Security Addendum for this engagement or any other security or privacy related commitments that have been established between Axon and Customer, such as ISO 27001 certification or SOC 2 Reporting.
7. Privacy. Customer use of My90 is subject to the My90 Privacy Policy, a current version of which is available at
https://www.axon.com/legal/my90privacypolicy. Customer agrees to allow Axon access to My90 Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products including My90 and related services; and (c) enforce this Agreement or policies governing the use of My90 or other Axon products.
8. Location of Storage. Axon may transfer Customer Data to third-party subcontractors for Processing. Axon will determine the locations for Processing of Customer Data. For all Customer, Axon will Process and store Customer Data within the country in which Customer is located. Ownership of My90 Customer Content remains with Customer.
9. Required Disclosures. Axon will not disclose Customer Data that Customer shares with Axon except as compelled by a court or administrative body or required by any law or regulation. Axon will notify Customer if any disclosure request is received for Customer Data so Customer may file an objection with the court or administrative body, unless prohibited by law.
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10. Data Sharing. Axon may share data only with entities that control or are controlled by or under common control of Axon, and as described below:
1. Axon may share Customer Data with third parties it employs to perform tasks on Axon’s behalf to provide products or services to Customer.
2. Axon may share Aggregated Survey Response with third parties, such as other Axon customers, local city agencies, private companies, or members of the public that are seeking a way to collect analysis on general policing and community trends. Aggregated Survey Response will not be reasonably capable of being associated with or reasonably be linked directly or indirectly to a particular individual.
11. License and Intellectual Property. Customer grants Axon, its affiliates, and assignees the irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Customer Data for internal use including but not limited to analysis and creation of derivatives. Axon may not release Customer Data to any third party under this right that is not aggregated and de-identified. Customer acknowledges that Customer will have no intellectual property right in any media, good or service developed or improved by Axon. Customer acknowledges that Axon may make any lawful use of My90 Data and any derivative of Customer Data including, without limitation, the right to monetize, redistribute, make modification of, and make derivatives of the surveys, survey responses and associated data, and Customer will have no intellectual property right in any good, service, media, or other product that uses My90 Data.
12. Customer Use of Aggregated Survey Response. Axon will make available to Customer Aggregated Survey Response and rights to use for any Customer purpose.
13. Data Subject Rights. Taking into account the nature of the Processing, Axon shall assist Customer by appropriate technical and organizational measures, insofar as this is reasonable, for the fulfilment of Customer's obligation to respond to a Data Subject Request regarding any Personal Data contained within My90 Customer Content. If in regard to My90 Customer Content, Axon receives a Data Subject Request from Customer's data subject to exercise one or more of its rights under applicable Data Protection Law, Axon will redirect the data subject within seventy-two (72) hours, to make its request directly to Customer. Customer will be responsible for responding to any such request.
14. Assistance with Requests Related to My90 Customer Content. With regard to the processing of My90 Customer Content, Axon shall, if not prohibited by applicable law, notify Customer without delay after receipt, if Axon: (a) receives a request for information from the Supervisory Authority or any other competent authority regarding My90 Customer Content; (b) receives a complaint or request from a third party regarding the obligations of Customer or Axon under applicable Data Protection Law; or (c) receives any other communication which directly or indirectly pertains to My90 Customer Content or the Processing or protection of My90 Customer Content. Axon shall not respond to such requests, complaints, or communications, unless Customer has given Axon written instructions to that effect or if such is required under a statutory provision. In the latter case, prior to responding to the request, Axon shall notify Customer of the relevant statutory provision and Axon shall limit its response to what is necessary to comply with the request.
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15. Axon Evidence Partner Sharing. If Axon Evidence partner sharing is used to share My90 Customer Content, Customer will manage the data sharing partnership with Axon and access to allow only for authorized data sharing with Axon. Customer acknowledges that any applicable audit trail on the original source data will not include activities and processing performed against the instances, copies or clips that has been shared with Axon. Customer also acknowledges that the retention policy from the original source data is not applied to any data shared with Axon. Except as provided herein, data shared with Axon may be retained indefinitely by Axon.
16. Data Retention. Phone numbers provided to Axon directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology will be retained for twenty-four (24) hours. Axon will not delete Aggregated Survey Response for four (4) years following termination of this Agreement. There will be no functionality of My90 during these four (4) years other than the ability to submit a request to retrieve Aggregated Survey Response. Axon has no obligation to maintain or provide Aggregated Survey Response after these four years and may thereafter, unless legally prohibited, delete all Aggregated Survey Response.
17. Termination. Termination of an My90 Agreement will not result in the removal or modification of previously shared My90 Customer Content or the potential monetization of Survey Response and Aggregated Survey Response.
18. Managing Data Shared. Customer is responsible for:
1. Ensuring My90 Customer Content is appropriate for use in My90. This includes, prior to sharing: (a) applying any and all required redactions, clipping, removal of metadata, logs, etc. and (b) coordination with applicable public disclosure officers and related legal teams;
2. Ensuring that only My90 Customer Content that is authorized to be shared for the purposes outlined is shared with Axon. Customer will periodically monitor or audit this shared data;
3. Using an appropriately secure data transfer mechanism to provide My90 Customer Content to Axon;
4. Immediately notifying Axon if My90 Customer Content that is not authorized for sharing has been shared. Axon may not be able to immediately retrieve or locate all instances, copies or clips of My90 Customer Content in the event Customer requests to un-share previously shared My90 Customer Content;
19. Prior to enrollment in My90. Prior to enrolling in My90, Customer will:
1. determine how to use My90 in accordance with applicable laws and regulations including but not limited to consents, use of info or other legal considerations;
2. develop a set of default qualification criteria of what My90 Customer Content may be shared with Axon; and
3. assign responsibilities for managing what My90 Customer Content is shared with Axon and educate users on what data may or not be shared with Axon.
20. Customer Responsibilities. Customer is responsible for:
1. ensuring no My90 Customer Content or Customer End User’s use of My90 Customer Content or My90 violates this Agreement or applicable laws; Packet Page. 1558
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2. providing, and will continue to provide, all notices and has obtained, and will continue to obtain, all consents and rights necessary under applicable laws for Axon to process Customer Data in accordance with this Agreement; and
3. maintaining necessary computer equipment and Internet connections for use of My90. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately terminate that End User’s access to My90. Customer will also maintain the security of End User’s usernames and passwords and security and access by End Users to My90 Customer Content. Customer is responsible for ensuring the configuration and utilization of My90 meets applicable Customer regulations and standards. Customer may not sell, transfer, or sublicense access to any other entity or person.
Customer shall contact Axon immediately if an unauthorized party may be using Customer's account or My90 Customer Content or if account information is lost or stolen.
21. Suspension. Axon may temporarily suspend Customer's or any End User’s right to access or use any portion or all of My90 immediately upon notice, if Customer or End User’s use of or registration for My90 may (a) pose a security risk to Axon products including My90, or any third-party; (b) adversely impact My90, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees, if applicable, incurred through suspension. Axon will not delete My90 Customer Content or Aggregated Survey Response because of suspension, except as specified in this Agreement.
22. My90 Restrictions. Customer and Customer End Users , may not, or may not attempt to:
1. copy, modify, tamper with, repair, or create derivative works of any part of My90;
2. reverse engineer, disassemble, or decompile My90 or apply any process to derive any source code included in My90, or allow others to do the same;
3. access or use My90 with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
4. use trade secret information contained in My90, except as expressly permitted in this Agreement;
5. access My90 to build a competitive product or service or copy any features, functions, or graphics of My90;
6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within My90; or
7. use My90 to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code.
Schedule 1- Details of the Processing
1. Nature and Purpose of the Processing. To help Customer obtain feedback from individuals, such as members of their community, staff, or officers. Features of My90 may include:
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1. Survey Tool where Customer may create, distribute, and analyze feedback from individuals it designates. Customer may designate members of the community, staff or officers from whom they would like to obtain feedback;
2. Creation of custom forms for surveys. Customer may select questions from a list of pre-drafted questions or create their own;
3. Distribution of survey via multiple distribution channels such as text message;
4. Ability to access and analyze Survey Response. Axon may also provide Customer Aggregated Survey Responses which contain analysis and insights from the Survey Response;
5. Direct integrations into information systems including Computer Aided Dispatch ("CAD"). This will enable Customer to share contact information easily and quickly with Axon of any individuals from whom it wishes to obtain feedback, enabling Axon to communicate directly with these individuals;
6. Data Dashboard Beta Test ("Data Dashboard") where Survey Response and Aggregated Survey Response will be displayed for Customer use.
Customer will be able to analyze, interpret, and share results of the Survey Response. My90 may provide beta versions of the Data Dashboard that are specifically designed for Customer to test before they are publicly available;
7. Survey Responses will be aggregated and de-identified and may be subsequently distributed and disclosed through various mediums to: (1) Customer; (2) other Axon Customer; (3) private companies; and (4) members of the public. The purpose of disclosure is to provide ongoing insights and comparisons on general policing and community trends. Prior to disclosing this information, Axon will ensure that the Survey Response has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual; and
8. Provide services and materials to engage Customer stakeholders, market the partnership to the public, and facilitate training.
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EXHIBIT H
Dedrone Product Appendix
If the Quote includes Dedrone Hardware, Dedrone Software, and/or Airspace Security as a Service (collectively “Dedrone Products”), this appendix and the following additional terms shall apply.
1. Definitions
1. “Dedrone Data” means data that Axon maintains regarding a wide variety of drone models and manufacturers in the marketplace (“DedroneDNA”, formerly “DroneDNA”), as well as usability information that Axon collects regarding the performance of the Dedrone Software and Dedrone Hardware, aggregate or de-identified Collected Data compiled or used by Axon in accordance with Section 4.2, and any other information that Axon makes available to Customer by means of the Dedrone Software
2. “Dedrone Hardware” means the Axon drone detection hardware sensor or mitigation products set forth on a Quote and does not include any Third-Party Hardware.
3. “Sensor” means a radio frequency, video, radar or other hardware sensor for drone detection purchased by Customer from Axon or obtained from any third-party vendor.
4. “Dedrone Software” means (i) Axon’s proprietary drone-tracking software, known as DedroneTracker (formerly DroneTracker), whether deployed onpremise or hosted by Axon as a cloud-based solution, (ii) Axon’s video analytics software (currently known as Analytics Server), and/or (iii) software and/or firmware deployed or installed on the Dedrone Hardware or available for download and installation onto Customer’s Third-Party Hardware.
5. “Third-Party Hardware” means hardware products owned by Customer or purchased by Customer from third parties that are used by Customer in conjunction with the Software.
2. Customer License
1. Software License. Subject to the terms of this Agreement, Axon grants Customer a royalty-free, nonexclusive, nontransferable, worldwide right during each Quote Term to use the Dedrone Software, including the Dedrone Data and Collected Data, subject to the terms of the Agreement and this Appendix (the “License”). Customer must purchase a License to the Software for each unit of Dedrone Hardware and/or Third-Party Hardware using Dedrone Software. Accordingly, Customer may only use the Software quantity and type of Hardware and/or Third-Party Hardware units specified on the applicable Quote. If Customer purchases additional Licenses during a current Term, the Term of the new License(s) will be pro-rated to terminate at Packet Page. 1561
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the end of the then-current License Term. Use of the Dedrone Software is subject to the terms of the Agreement between the parties
2. Restrictions. Customer will not: (i) use (or allow a third party to use) the Dedrone Products in order to monitor the availability, security, performance, or functionality of the Dedrone Products, or for any other benchmarking or competitive purposes; (ii) market, sublicense, resell, lease, loan, transfer, or otherwise commercially exploit the Dedrone Products; (iii) modify, create derivative works, decompile, reverse engineer, attempt to gain access to the source code, or copy the Dedrone Products or any of their components; (iv) use the Dedrone Products to conduct any fraudulent, malicious, or illegal activities; or (v) use the Dedrone Products in contravention of any applicable laws or regulations (each of (i) through (v), a (“Prohibited Use”).
3. Customer Obligations
1. Compliance. Customer will use the Dedrone Products only in accordance with applicable specifications (the “Specifications”) and in compliance with all applicable laws, including all applicable export laws and regulations of the United States or any other country. Customer acknowledges that due to the nascent nature of drone detection and mitigation technologies applicable laws and regulations may be changing or emerging over time, and agrees that it is Customer’s responsibility to keep itself aware and remain compliant with the current laws and regulations that may apply, including but not limited to those that may apply to advanced features available at Customer’s option in the Dedrone Software. Customer will ensure that none of the Dedrone Products are directly or indirectly exported, re-exported, or used to provide services in violation of such export laws and regulations. Axon reserves the right to suspend use of any Dedrone Products operating in violation of such laws, following written notice to Customer. If Customer uses a radio jammer, or any other controlled device, in connection with the Dedrone Software, Customer represents to Axon that it is authorized to do so by the relevant authorities, that it will do so only in accordance with such authorization, and it will provide supporting documentation regarding such authorization upon request.
Customer may be required to obtain legal authorization before any purchase or use of hardware sold by third parties. Axon shall not be liable if any government export authorization is delayed, denied, revoked, restricted or not renewed, nor shall any such delay, denial, revocation, restriction or nonrenewal shall not constitute a breach of the Agreement by Axon.
2. Computing Environment. Customer is responsible for the maintenance and security of its own network and computing environment that it uses to host and/or access the Dedrone Products and for ensuring that any ThirdParty Hardware meets the necessary specifications for use with the Dedrone Software.
4. Data Protection
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1. Data. If Customer licenses Dedrone Software, as part of its operation, the Dedrone Software may collect and send to servers owned, operated or controlled by Axon data or other information regarding Customer’s use of the Dedrone Software, which may include (i) information generated by each Sensor deployed by Customer, including information related to the date, time, and duration of the detection of the drone, as well as the locations of the detected drones and remote controls and of the Sensor itself (collectively, “Sensor Data”), and (ii) video recording of the detected drones, including flight path ("Video Data") (Sensor Data and Video Data are collectively referred to as “Collected Data”).
2. Use of Collected Data. Axon has the right to use Collected Data for any purpose, including: (i) improving any Dedrone Product; (ii) analyzing any Dedrone Product or the performance of any Dedrone Product; or (iii) compiling or using aggregate or de-identified Collected Data with other customers, or government and law enforcement entities, with or without compensation. Customer acknowledges that Axon may learn from the performance or use of any Dedrone Product, and Axon shall have the sole right to exploit any modification, enhancement or improvement of any Dedrone Product resulting from such learning.
3. User Data. To the extent Axon uses User login information, including name, email, username, and password (collectively, “User Data”) for any purpose other than to provide services to the Customer, such User Data will be deidentified and anonymized, and will not be identified as having come from Customer, except that Axon may disclose User Data where Axon, in good faith, believes that the law or legal process (such as a court order, search warrant or subpoena) requires Axon to do so.
4. Security. Axon maintains industry standard physical, technical, and administrative safeguards (the “Security Measures”) to protect Collected Data.
5. No Access. Except for User Data, Axon does not (and will not) collect, process, store, or otherwise have access to any personal information, about End Users or users of Customer’s products or services.
5. Ownership.
1. Axon Property. Axon owns and retains all right, title, and interest in and to the Dedrone Data, Collected Data, the Dedrone Software, and all intellectual property embodied in the Dedrone Hardware, if the Dedrone Hardware is provided by Axon. Except for the limited license granted to Customer in Section 2.1, Axon does not by means of this Agreement or otherwise transfer or license any rights in the Dedrone Products to Customer, whether by implication, estoppel or otherwise. To the maximum extent permitted by applicable law Customer will take no action inconsistent with Axon intellectual property rights in the Dedrone Products or any Dedrone Data.
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2. Customer Property. Customer owns and retains all right, title, and interest in and to the User Data and does not by means of this Agreement or otherwise transfer any rights in the User Data to Axon, except for the limited rights set forth in Section 4.3.
6. Government Restricted Rights. To the extent that Customer is an agency or instrumentality of the U.S. government, the parties agree that the Dedrone Software and documentation are commercial computer software and commercial computer software documentation, respectively, and Customer’s rights therein are as specified in this License, per FAR 12.212 and DFARS 227.7202-3, as applicable, or in the case of NASA, subject to NFS 1852.22.
7. Updates. The Dedrone Software may include functionality that allows it to automatically download updates that may be made available by Axon. Customer consents to the installation of such functionality.
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Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.
1. Utilization of Services. Customer must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date.
2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on-site service and a professional services manager to work with Customer to assess Customer’s deployment and determine which on-site services are appropriate. If Customer requires more than four (4) consecutive on-site days, Customer must purchase additional days. Axon Full-Service options include:
System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Customer need • Register cameras to Customer domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access • One on-site session included
Dock configuration
• Work with Customer to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Customer • On-site assistance, not to include physical mounting of docks Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other customers
• Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management
• Provide referrals of other customers using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Customer’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing cases and evidence with local prosecuting agencies
Users go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review
3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer’s deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Starter options include:
System set up and configuration (Remote Support)
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