West Covina City Council
September 5, 2023

 Prepares ballfields for sporting events.
 Performs pick-and-shovel work on landscaped areas and walkways. Loads and unloads dirt, brick dust, mulch, soil amendment and tools and equipment.  Picks up rubbish and litter; cleans walkways, driveways, parking areas, and drainage facilities; keeps restrooms, play equipment, and picnic and recreation facilities clean and orderly.
 Acts as lead worker in the preparation, planting and maintenance of lawns, shrubs, flowers, trees and other ground covers, including the oversight of pruning, fertilizing, watering, weeding, transplanting and the controlling of pests.  May apply pesticides when needed. Orders supplies and equipment.  Reviews and evaluates employees' job performance and recommends personnel action. Trains subordinates in gardening skills.
 May operate equipment such as rear-loading integrated waste trucks, and backhoes that do not require a Class A license.
 Drives automobiles, pick-up trucks or other light vehicles to City buildings and facilities in carrying out the duties of their position.  Ensures the Department services are provided with the highest customer service and ethical standards.
 Assumes responsibility for ensuring the duties of the position are performed in a safe, efficient manner.
 Plants, waters, and maintain ornamental plants, shrubs, hedges, and flowers.

Removes litter and weeds from grounds, paths, playground areas and walkways.

Performs custodial maintenance of restrooms and community building facilities.  Performs other related duties as assigned or as the situation requires.

Common assignments in all assignments:
 May operate light and heavy equipment in the absence or unavailability of an operator; performs routine maintenance and repair on equipment.  Makes specific work assignments to crew members and assists in the preparation of performance evaluations; prepares and submits records and reports concerning work performance and materials used.  Ensures work of crew is performed in a safe and efficient manner; trains subordinates in semi-skilled operations and work methods.  Answers emergency calls from the public and other agencies taking appropriate action such as placing barricades, removing fallen trees and limbs, replacing street signs and emergency patching of streets or flood control facilities.

TYPICAL QUALIFICATIONS:

Required Knowledge and Ability:
 Considerable knowledge of equipment operation, techniques, and methods used in the area of specialization; lead supervision and training techniques.

Ability to lead the work of others engaged in the area of specialization; operate equipment used in work performed; read and interpret blueprints, work sketches Landscape Maintenance Lead-Worker

and specialized maps; prepare work records and routine reports; establish and maintain cooperative working relationships; understand and follow verbal and written directions; work safely and efficiently; perform journey level skilled tasks in the area of specialization. Apply applicable safety rules, practices and procedures.
 Effectively supervise subordinates.
 Provide clear work instructions.
 Follow directions and carry out assignments in a thorough and efficient manner.  Foster a teamwork environment.
 Load and unload heavy supplies and / or equipment from a truck or other elevated surfaces.
 Move debris, dirt or other material from one place to another.  Use hand tools such as pick, cultivator, shovel, spade, rake or similar tools and power-driven equipment such as hedge trimmers, weed eaters, and blowers.  Work cooperatively with other City employees and the general public.  Read, write, communicate effectively, and comprehend directions.  Review and evaluate employees' job performance.
 Work effectively without close supervision.
 Model and practice the highest standards of ethical conduct.  Prepare work records and routine reports.
 Work safely and efficiently.

Experience:

Two years of experience as a Maintenance Worker II or higher.

License:

A valid Class A and Class C California driver's license, and a satisfactory driving record.

Some assignment may require a Pest Control Operators License. If required, employee will be given written notice with an agreed upon time frame to obtain.

Physical Requirements:

Incumbents must be able to perform heavy manual work associated with maintenance work which includes lifting objects weighing more than 50 pounds; moderate exposure to dust, temperature, noise and inclement weather; occasional exposure to hazardous work conditions; and some exposure to irritating fumes.

SUPPLEMENTAL INFORMATION:

The City of West Covina is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer.

ATTACHMENT NO. 3
RESOLUTION NO. 2023-75

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, APPROVING THE

ESTABLISHMENT OF THE MAINTENANCE SUPERVISOR

CLASSIFICATION

THE CITY COUNCIL OF THE CITY OF WEST COVINA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:

WHEREAS, the Human Resources Department, as needed, reviews class specifications and/or pay grades to ensure position specifications and compensation are in alignment with current demands and comparable with similar classifications within the public sector labor market; and
WHEREAS, the Human Resources Department is recommending establishing a Maintenance Supervisor classification, which will better position the City to meet current and future needs; and
WHEREAS, on August 9, 2023, the Human Resources Commission reviewed and approved the proposed specifications for the new Maintenance Supervisor classification, attached hereto as Exhibit A and incorporated herein; and WHEREAS, the City Council desires to approve the establishment of the Maintenance Supervisor classification; and
WHEREAS, the City Council also desires to approve the salary grade and class specifications for the Maintenance Supervisor classification.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby approves the establishment of the Maintenance Supervisor classification with the specifications attached hereto as Exhibit A.

SECTION 2. The City Council hereby approves the following salary grade for the new Maintenance Supervisor classification:

CLASSIFICATION MONTHLY PAY RANGE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Maintenance Supervisor $5,825 $7,865
SECTION 3. The Full-Time Salary Schedule shall be amended to reflect the addition of the Maintenance Supervisor classification as set forth herein.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 5th day of September, 2023.

Rosario Diaz
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2023-75 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 5th day of September, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk

EXHIBIT A

CLASS SPECIFICATIONS

MAINTENANCE SUPERVISOR

CITY OF WEST COVINA

CLASSIFICATION SPECIFICATION
Class Title: Maintenance Supervisor
Bargaining Unit: Mid-Management
Class Code: MAINT SUP
Salary Grade: MMXXX
Salary: $69,900.00 - $94,380.00 Annually
FLSA: EXEMPT
Date Updated: August 9, 2023
DESCRIPTION:

Job Summary:

Under administrative direction of the Superintendent, supervises the day-to-day operation of the City's maintenance programs; participates in the planning and coordination of maintenance projects; and does related work as required, including streets, sewers, and public facilities.

EXAMPLES OF DUTIES:

Essential Functions:
• Assists in the overall planning and organizing of all City work projects. • Relates projects to crews and gives directions on equipment, procedures, staff utilization, and scheduling.
• Reports to work sites and participates with lead worker in inspecting the site, assigning specific duties to personnel, directing the positioning of equipment, checking materials, and initiating work activities.
• Periodically reviews crew work activities and inspects completed projects. • Addresses and resolves work problems either independently or in conjunction with the lead workers or Superintendent.
• Confers with the Superintendent on projects and keeps the Superintendent advised on work progress.
• Enforces City rules regarding employee conduct and safety practices; may participate in the selection process for new employees, employee performance evaluation, administration of performance improvement plans, and other personnel processes.
• Coordinates work of crews supervised with other maintenance crews and City departments.
• Drafts requisitions for supplies, tools, materials, and equipment. • Assists in preparation of the budget through providing information and advice on needed staffing, equipment, supplies, and materials.
• Directs the reassignment or transfer of personnel and equipment in response to emergency situation or as directed by the Superintendent. • Responds to Superintendent on public inquiries on work projects. • Maintains records and submits oral or written reports on projects. • Performs other related duties as assigned or as the situation requires.

TYPICAL QUALIFICATIONS:

Required Knowledge:

Knowledge of: Principles of supervision and safety precautions, tools, materials, methods, and procedures employed in street, sewer and public facility maintenance work.

Experience and Training Guidelines:

Qualifying for consideration in the selection process will be based on the description listed above under Knowledge and Abilities, and a combination of the Experience and Education requirements described below.

Experience:

Three years, experience in street, sewer or public facility maintenance and repair work, including two years in a lead or supervisory capacity.

Education:

College coursework in engineering, public administration or a related field is desirable.

Physical Requirements:

This position also requires extensive and repetitive physical activity involving the arms, wrists, and hands, including writing and using a keyboard. It also requires physical abilities associated with the ability to read, write and communicate in a work environment requiring no extraordinary physical strength or other special physical qualifications.

Other / Special Requirements:

Licenses/Certificates:

A valid Class C California Driver's License with a satisfactory driving record is required.

A valid Class A Driver's License endorsement is highly desirable.

SUPPLEMENTAL INFORMATION:

The City of West Covina is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer.

ATTACHMENT NO. 4

CITY OF WEST COVINA

CLASSIFICATION SPECIFICATION
Class Title: Street Maintenance Supervisor
Bargaining Unit: Mid-Management
Class Code: ST MAINT SUP
Salary Grade: MM345MMXXX
Salary: $69,900.00 - $94,380.00 Annually
FLSA: EXEMPT
Date Updated: Jul 23, 2015August 9, 2023
DESCRIPTION:

Job Summary:

Under administrative direction of the Superintendent of Maintenance operations, supervises the day-to-day operation of the City's street maintenance programs; participates in the planning and coordination of street maintenance projects; and does related work as required, including streets, sewers, and public facilities.

EXAMPLES OF DUTIES:

Essential Functions:
 Assists in the overall planning and organizing of all City work projects.  Relates projects to crews and gives directions on equipment, procedures, staff utilization, and scheduling.
 Reports to work sites and participates with lead worker in inspecting the site, assigning specific duties to personnel, directing the positioning of equipment, checking materials, and initiating work activities.
 Periodically reviews crew work activities and inspects completed projects.  Addresses and resolves work problems either independently or in conjunction with the lead workers or Superintendent.
 Confers with the Superintendent on projects and keeps the Superintendent advised on work progress.
 Enforces City rules regarding employee conduct and safety practices; may participate in the selection process for new employees, employee performance evaluation, administration of performance improvement plans, and other personnel processes.
 Coordinates work of crews supervised with other maintenance crews and City departments.
 Drafts requisitions for supplies, tools, materials, and equipment.  Assists in preparation of the budget through providing information and advice on needed staffing, equipment, supplies, and materials.
 Directs the reassignment or transfer of personnel and equipment in response to emergency situation or as directed by the Superintendent.

Street Maintenance Supervisor

 Responds to Superintendent on public inquiries on work projects.  Maintains records and submits oral or written reports on projects.  Performs other related duties as assigned or as the situation requires.

TYPICAL QUALIFICATIONS:

Required Knowledge:

Knowledge of: Tools, materials, methods, and procedures employed in street maintenance work; and pPrinciples of supervision and safety precautions, tools, materials, methods, and procedures employed in street, sewer and public facility maintenance work.observed in street maintenance and repair work.

Experience and Training Guidelines:

Qualifying for consideration in the selection process will be based on the description listed above under Knowledge and Abilities, and a combination of the Experience and Education requirements described below.

Experience:

Four Three years, experience in street, sewer or public facility maintenance and repair work, including two years in a lead or supervisory capacity.

Education:

College coursework in engineering, public administration or a related field is desirable.

Physical Requirements:

This position also requires extensive and repetitive physical activity involving the arms, wrists, and hands, including writing and using a keyboard. It also requires physical abilities associated with the ability to read, write and communicate in a work environment requiring no extraordinary physical strength or other special physical qualifications.

Other / Special Requirements:

Licenses/Certificates:

A valid Class C California Driver's License with a satisfactory driving record is required.

A valid Class A Driver's License endorsement is highly desirable.

SUPPLEMENTAL INFORMATION:

The City of West Covina is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodation to Street Maintenance Supervisor

qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer.

AGENDA ITEM NO. 9

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: September 5, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: CONSIDERATION OF INCREASING THE HOURLY PAY RATE FOR THE PART-TIME

POLICE CADET POSITION AND THE AUXILIARY SAFETY RESERVE OFFICER POSITIONS.

RECOMMENDATION:

Staff recommends that the City Council adopt the following resolution:

RESOLUTION NO. 2023-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, AMENDING THE LIMITED SERVICE COMPENSATION SCHEDULE AND REPEALING RESOLUTION NO. 2022-128
BACKGROUND:

The Police Cadet program is a trainee program designed for career development into the law enforcement field. The Police Cadet is under immediate to general supervision, and performs non-hazardous duties throughout the Police Department to include general parking enforcement, writing traffic collision reports, assisting with the filing of cases, answering telephone calls from the general public, performing clerical assignments and other important duties. The Police Cadet program is very beneficial as a means of providing first-hand experience and insight to high school and college students into the operations of the Police Department. The program also affords these highly motivated young people an opportunity to consider a law enforcement career at the Department. The Police Cadet program has been an exceptional means of recruiting top police recruit candidates from our own community.

The West Covina Police Department Police Cadet program is currently experiencing staffing shortages, with seven vacancies. The Department has been actively recruiting to fill these vacancies; however, few are applying for the positions. Many qualified candidates contacted by our Recruitment Team have tested with other surrounding agencies which offer higher hourly base rates.

The Police Department is currently allotted twelve Police Cadet positions. Currently, only two of those positions are filled. Several recruitments have been conducted which has resulted in little interest from candidates. The current hourly pay range for Police Cadet is:

Position Title Step 1 Step 2 Step 3
Police Cadet $15.50 $15.89 $16.29
DISCUSSION:

Police Cadet
Staff surveyed comparable similar classifications in the Los Angeles area as well as similar classifications in cities surrounding the City of West Covina. This survey included the following cities:

Baldwin Park, Burbank, Covina, Downey, El Monte, Glendale, Huntington Park, Inglewood, Montclair, Monterey Park, Ontario, Orange, Pasadena, and Covina. Most cities in the Los Angeles area as well as surrounding cities have a higher hourly base rate. As a result of this study, staff is recommending an increase in the Police Cadet hourly base rate.

The comparative Los Angeles area agencies and surrounding agency pay rates for Police Cadet is between $14.06 and $22.43 per hour. The disparity in compensation has made it difficult for the Police Department to hire qualified Police Cadets who frequently develop into highly qualified Police Officer candidates or other full-time employees within the Department.

The proposed salary grade for the Police Cadet position is as follows:

Position Title Step 1 Step 2 Step 3
Police Cadet $17.00 $17.85 $18.74
Auxiliary Reserve Positions
An increase in the Police Cadet Pay hourly rate causes compaction in the Reserve Officer Pay rate, which would result in Cadets having a higher base pay rate than a Reserve Police Officer. Therefore, it is also recommended to increase the base pay rate of the Reserve Police Officer.

The West Covina Police Department Reserve Police Officer Program has a long and rich tradition within our Department, and the community of West Covina as a whole. Our reserve officers work patrol officer duties, respond to assist with major incidents, transport prisoners, and assist our City Council with security at regular meetings and community events. Our reserve manager (Commander), handles all the same duties, and handles all recruitment and background investigations for prospective reserve officer candidates. The manager is also tasked with managing the overall scheduling for City events involving reserve officers, and is tasked with budget items related to reserve officer functions. Our reserve officers are successful members within their own chosen fields outside of law enforcement, and possess a passion for helping others in our community. Many of them were raised in the San Gabriel Valley, and have long-standing ties within our City that provide a valuable network of resources.

Our reserve officers offer significant cost savings to our Department, given that a normal police officer on overtime can cost upwards of $80.00 per hour. City functions requiring police presence occur very frequently, and often need supplemental traffic control, foot patrols, and routine patrols in a police car to provide force presence amongst the public. During all of these events, officers have the opportunity to interact with our community members while making a positive impact by promoting public safety and a community-based policing approach. If reserve officers are not utilized, then officers on an overtime status are used, which results in a cost of nearly double the amount.

While staff is proposing to increase Reserve Officer pay to a more competitive rate, it will still remain at a reasonable amount when compared with neighboring cities, and also serve as a better recruitment and retention item. While our reserve officers are generally not looking for compensation, the costs of doing police business do not go away. Items such as supplemental police equipment, outside training/conferences, gasoline for commuting, and meals for daily nutrition needs come at their own expense while working as a police officer. Having a standardized pay scale for our reserve officers will give more incentive to contribute back to the community on a consistent basis, and show that our organization values their time and contributions to our Department.

The Police Department has four Reserve Police Officer positions. The Department intends to increase The Police Department has four Reserve Police Officer positions. The Department intends to increase the number of Reserve Police Officer positions to supplement the needs of the Department as well as provide a cost-savings by utilizing Reserve Police Officers in place of full-time Officers for certain details. Several recruitments have been conducted which have resulted in little interest from candidates. The current hourly pay range for Reserve Police Officer is:

Position Title Step 3
Reserve Officer $17.15
PD Sergeant Level I Reserve $18.88
PD Lieutenant Level I Reserve $20.76
PD Commander Level I Reserve $31.93
Staff surveyed comparable similar classifications in the Los Angeles area as well as similar classifications in cities surrounding the City of West Covina. This survey included the following cities:

Arcadia, Irwindale, La Verne, Montclair, and Pasadena. Based on the survey, the comparative Los Angeles area agencies and surrounding agency pay rates for Reserve Police Officer is between $28.79 and $47.18 per hour. The disparity in compensation has made it difficult for the Police Department to hire qualified Reserve Police Officers. The proposed salary grade for the Reserve Police Officer position is as follows:

Position Title Step 3
Police Officer Reserve Level III $25.00
Police Officer Reserve Level II $32.00
Police Officer Reserve Level I $40.00
PD Sergeant Level I Reserve $41.60
PD Lieutenant Level I Reserve $43.26
PD Commander Level I Reserve $45.00
LEGAL REVIEW:

The City Attorney's Office has reviewed the resolution and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Approve Staff's recommendation; or

2. Provide alternative direction.

Prepared by: Tony Cortina, Acting Police Chief
Fiscal Impact
FISCAL IMPACT:

The Police Cadet pay is proposed to increase by 15% and the Auxiliary Safety Reserves positions are proposed to increase by an average of 86%. Due to the volatility in turnover and varying schedules of these positions, the budget tends to be higher than actuals. Thus, even with the increased rates, the base salaries for these positions are estimated to be under budget for FY2023-24. The table below shows the fiscal impact of the rate increases at Step III for each classification.

Classification
(Step III)
Current Proposed %
Increase
Last
year
Actual
FY2023-24
Estimate
FY2023-24
Budget
(Over)/Under
Budget
Police Cadet $16.29 $18.74 15.0% $50,000 $57,520 $77,742 $20,222 Reserve Officer
(Police Officer
Reserve Level
III)
$17.15 $25.00 45.8% $16,900 $31,418 $104,206 $72,788
Police Officer
Reserve Level
II
N/A $32.00 100.0%
Police Officer
Reserve Level I
N/A $40.00 100.0%
PD Sergeant
Level I Reserve
$18.88 $41.60 120.3%
PD Lieutenant
Level I Reserve
$20.76 $43.26 108.4%
PD
Commander
Level I Reserve
$31.93 $45.00 40.9%
Attachments
Attachment No. 1 - Resolution No. 2023-63
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
ATTACHMENT NO. 1
Resolution No. 2023-63

RESOLUTION NO. 2023-63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, AMENDING THE LIMITED

SERVICE COMPENSATION SCHEDULE AND REPEALING
RESOLUTION NO. 2022-128

THE CITY COUNCIL OF THE CITY OF WEST COVINA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:

WHEREAS, on December 20, 2022, the City Council adopted Resolution No. 2022-128, adjusting the hourly pay rates of classifications within the Limited Service Compensation Schedule; and
WHEREAS, City staff, as needed, reviews pay grades to ensure compensation for City positions is comparable to similar classifications in surrounding cities; and WHEREAS, the Police Department has recommended increases to the hourly pay ranges for the Police Cadet and Auxiliary Safety Reserves classifications to provide hourly pay rates more comparable to those of surrounding cities; and WHEREAS, the City Council desires to amend the Limited Service Compensation Schedule to increase the hourly pay ranges for the Police Cadet and Auxiliary Safety Reserves classifications.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Resolution Number 2022-128 is hereby repealed.

SECTION 2. The Limited Service Compensation Schedule is hereby amended as set forth in Exhibit A.

SECTION 3. The effective date of the limited service hourly rate adjustment for the Police Cadet and Auxiliary Safety Reserves classifications will be effective the first available full payroll period following approval of this resolution.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

Resolution No. 2023-63

APPROVED AND ADOPTED this 5th day of September, 2023.

Rosario Diaz
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2023-63 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 5th day of September, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk
Resolution No. 2023-63

EXHIBIT A

LIMITED SERVICE COMPENSATION SCHEDULE
Resolution No. 2023-63

CITY OF WEST COVINA

LIMITED SERVICE COMPENSATION SCHEDULE
Effective first full pay period following September 5, 2023

CLASSIFICATION PAY
RANGE

HOURLY BASE RATE
STEP 1 STEP 2 STEP 3
Assistant Cook PT 064 $16.93 $17.78 $18.67
Cable TV Production Assistant PT 166 $15.50 $15.89 $16.29 Crossing Guard PT 135 $15.50 $16.29
Day Care Director PT 167 $19.24 $20.20 $21.21
Day Care Teacher PT 178 $15.66 $16.42 $17.24
Food Services Worker PT 185 $15.50 $16.29
Intern PT 110 $15.50 $20.00
Maintenance Assistant PT 130 $15.50 $16.29
Office Aide I PT 155 $15.50 $16.29
Office Aide II PT 140 $16.66 $17.49
Office Aide III PT 165 $17.91 $18.81
Police Background Investigator PT 025 $40.00 $45.00 $50.00 Police Cadet PT 022 $17.00 $17.85 $18.74
Recreation Leader PT 175 $15.50 $15.89 $16.29
Recreation Site Coordinator PT 170 $17.00 $17.85 $18.74 Auxiliary Safety Reserves
Police Officer Level III Reserve PT 021 $25.00
Police Officer Level II Reserve PT 0XX $32.00
Police Officer Level I Reserve PT 0XX $40.00
PD Sergeant Level I Reserve PT 020 $41.60
PD Lieutenant Level I Reserve PT 019 $43.26
PD Commander Level I Reserve PT 013 $45.00
AGENDA ITEM NO. 10

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: September 5, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: CONSIDERATION OF AWARD OF BID FOR POLICE DEPARTMENT BODY-WORN AND

IN-CAR CAMERA SYSTEM
RECOMMENDATION:

It is recommended that the City Council take the following actions:

Award Request for Proposals (RFP) No. 31-010 to Axon Enterprise, Inc. for the Police Department body-worn cameras, in-car cameras, and digital evidence management system; and

1. Authorize the Acting City Manager to negotiate and execute a Master Services and Purchasing Agreement and related documents with Axon Enterprise, Inc., in an amount not exceeding $1,510,069.55 over five years, in such final form as approved by the City Attorney.

2. BACKGROUND:

On February 1, 2022 (agenda item No. 6), the City Council approved the 2021 Bureau of Justice Assistance (BJA) Body-Worn Camera Grant, which Police Department staff obtained through a nationally competitive grant process from the U.S. Department of Justice. The benefits of police body-worn camera technology have been proven, and they support the City's goals of increasing transparency, building trust within our community, and improving the safety of Police Officers and the public. That agenda item stated that staff would conduct the Request for Proposals (RFP) process, and return to the City Council to award the bid.

Before staff could move forward with a purchase or access any of the grant funds, BJA (through their Training and Technical Assistance contractor) had to review and approve West Covina Police Department’s body-worn camera use policy. This process entailed multiple changes and revisions to WCPD’s policy, and helped provide a greater understanding of different aspects of body-worn camera operations. After many months, BJA ultimately approved West Covina’s policy in December 2022.

While BJA’s Training and Technical Assistance contractor was reviewing the Police Department’s policy, staff researched and tested body-camera equipment and vendors, to understand the features and specifications that are needed in West Covina. Additionally, staff determined that the Police Department’s in-car cameras needed to be fully integrated with the body-worn cameras, using the same digital evidence management system. Having two separate camera systems, with two separate digital evidence management systems, would be unmanageable. Only a system that fully integrates both the body-worn and in-car cameras, with the same management system, would meet the compatibility and integration needs of the Police Department, and minimize (to the extent possible) the impact on staff workload.

DISCUSSION:

On June 5, 2023, the City published the RFP online on PlanetBids. The RFP detailed the specifications and features of the cameras and data management system, requiring bidders to meet all of the specifications, and requested a five-year price. In brief, the RFP included the following:
100 self-contained body-worn cameras, encrypting data, with built-in microphones, 64GB of non-removable storage capacity, GPS positioning, 12 hours of battery life and sleep mode, constant recording function with an 18-hour “record after the fact” video retrieval feature (allowing retrieval of video if an Officer fails to press the active record button), and a “rapid-lock” system for easy Officer uniform mounting/dismounting;
35 vehicle-mounted front-facing cameras with automated license plate recognition (ALPR) capability compatible with the City’s current ALPR cameras from Flock Safety, and a constant recording function with an 18-hour “record after the fact” video retrieval feature (allowing retrieval of video if the auto-record function was not triggered);
An integrated digital evidence management system supporting all the cameras, with automated redaction and transcription, quick and simple importing of digital video evidence recorded by the public/community, randomized software-driven auditing feature to automatically detect improper use of body-worn cameras and alert users, and seamless cloud-based sharing of digital evidence with criminal justice partners (specifically, the Los Angeles County District Attorney’s Office, the Los Angeles County Public Defenders Office, and other law enforcement agencies).

Over 25 prospective bidders viewed the RFP on PlanetBids. On the bid deadline of July 13, staff received two bid packages—from Axon Enterprise, Inc. of Scottsdale, AZ, and from Utility Associates Inc. of Decatur, GA. Staff reviewed these bid packages, examining in detail the bidders’ responses to the specifications and requirements in the RFP, and contacted other customers of each bidder. Below is a summary of the staff’s evaluation.

Evaluation Summary:

Vendor: Axon Ent. Utility Assoc.

Criteria
Completeness of Proposal 20 10
Relevant Experience and Qualifications
of Proposed Project Team 30 15
Capacity to Perform 30 15
Proposed Cost 15 20
Total Score 95 60
Axon Enterprise
Axon Enterprise's proposal was fully responsive to all components of the RFP. Axon Enterprise's body-worn cameras are self-contained, with data encryption, built-in microphones, the specified amount of non-removable storage and battery life, constant recording function with an 18-hour “record after the fact” video retrieval feature, and a “rapid-lock” system for easy Officer uniform mounting/dismounting.

Their vehicle-mounted cameras are front-facing with automated license plate recognition (ALPR) capability, compatible with the City’s current ALPR cameras from Flock Safety, and a constant recording function with an 18-hour “record after the fact” video retrieval feature. Axon Enterprise's integrated digital evidence management system supports both body-worn and vehicle-mounted cameras, with automated redaction and transcription, quick and simple importing of digital video evidence recorded by the public/community, a randomized software-driven auditing feature to automatically detect improper use of body-worn cameras and alert users, and a seamless cloud-based sharing of digital evidence that is currently used by the Los Angeles County District Attorney’s Office and other law enforcement agencies/partners.

Staff contacted multiple Police Departments who had experience with Axon Enterprise. In brief, those departments were all highly satisfied with Axon Enterprise's body-worn and vehicle-mounted cameras, digital evidence management system, and support. WCPD staff also tested Axon Enterprise's cameras, and, like the other Police Departments, were highly satisfied with their products.

For the reasons listed above, staff recommends awarding the RFP to Axon Enterprise.

It should be noted that even with Axon Enterprise's superior automated redaction and transcription, and seamless cloud-based sharing of digital evidence with criminal justice partners, there will be some impact on staff workload. This impact will be most pronounced at the Police Department, among the management positions of the Records Division and an Administrative Lieutenant, who will be tasked with producing, viewing, and redacting video footage requested via Public Records Act (PRA) requests. The number of those PRA requests could also increase, affecting workload at the City Clerk’s office.

As a condition of purchase, Axon Enterprise requires the acceptance of its Master Services and Purchasing Agreement (Attachment No. 1). If the City Council awards the RFP to Axon Enterprise, Police Department staff will work with Axon Enterprise and the City Attorney's Office to negotiate and finalize the terms of the Master Services and Purchasing Agreement.

LEGAL REVIEW:

The City Attorney's Office will work with Police Department staff to negotiate the terms of the Master Services and Purchasing Agreement and will approve the final form prior to execution.

Prepared by: Tony Cortina, Acting Police Chief
Fiscal Impact
FISCAL IMPACT:

For the first two years, the purchase cost of this system (totaling approximately $604,028) will constitute no cost to the General Fund. A combination of funding sources will be used for the first two years, including the one-time  Bureau of Justice Assistance (BJA) Body-Worn Camera Grant, and available federal equitable sharing. In year three, the Police Department will request that City General Funds or other special revenue funds be budgeted to continue the system, providing long-term support for the City’s goals of increasing transparency and building trust within our community, and improving the safety of Police Officers and the public.

Funding Source FY2023-24
Budget
FY 2023-24 FY 2024-25 FY
2025-26
FY
2026-27
FY
2027-28
5-Year
Total
Justice Assistance
Grant (Fund 208)
100,000 100,000 0 0 0 0 100,000
Equitable
Sharing-USDOJ
(Fund 117)
1,994,339 202,014 302,014 0 0 0 504,028
To be determined
(General Fund or
other special
revenue funds)
0 0 0 302,014 302,014 302,014 906,042
Total $2,094,339 $302,014 $302,014 $302,014 $302,014 $302,014$1,510,070 Attachments
Attachment No. 1 - Master Services and Purchasing Agreement CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 18.0
Release Date: 6/26/2023 Page 1 of 40
This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the agency listed below or, if no agency is listed below, the agency on the Quote attached hereto ("Agency"). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote ("Effective Date"). Axon and Agency are each a "Party" and collectively "Parties". This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix ("Quote"). It is the intent of the Parties that this Agreement will govern all subsequent purchases by Agency for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote.

The Parties agree as follows:

1. Definitions.

1.1. "Axon Cloud Services" means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com.

1.2. "Axon Device" means all hardware provided by Axon under this Agreement. 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 Agency’s purchase order in response to a Quote will be void.

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

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

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

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

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

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

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

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

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

7. Warranty.

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

Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term.

7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, ATTACHMENT NO. 1
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 18.0
Release Date: 6/26/2023 Page 2 of 40
fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer.

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

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

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

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

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

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

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

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

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

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

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

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

8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 18.0
Release Date: 6/26/2023 Page 3 of 40
and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Agency, Axon is only responsible for the performance of Services described in the SOW.

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

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

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

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

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

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

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

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

16. Termination.

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

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

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

17. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Agency receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.

Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 18.0
Release Date: 6/26/2023 Page 4 of 40

18. General.

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

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

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

18.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.

18.5. Export Compliance. Each Party will comply with all import and export control laws and regulations.

18.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.

This Agreement is binding upon the Parties respective successors and assigns.

18.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.

18.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.

18.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities.

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

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

18.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.

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

AXON: AGENCY:

Axon Enterprise, Inc. ___________________________
Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 18.0
Release Date: 6/26/2023 Page 5 of 40
Axon Cloud Services Terms of Use Appendix

1. Definitions.
a. "Agency Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence but excludes Non-Content Data. b. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content.
c. "Non-Content Data" is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. d. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

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

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

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

5. Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services. a. Agency will also maintain the security of end usernames and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen.
b. To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at
https://www.youtube.com/static?template=terms.

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

7. Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, NonContent and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy.

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

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

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

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

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

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

13. Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
a. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; b. 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; c. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
d. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
e. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
f. 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 g. 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.

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

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

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

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

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Axon Customer Experience Improvement Program Appendix

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

2. ACEIP Tier 1.

2.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, "ACEIP Content").

When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or deidentify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Agency Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) ("New Use Case").

2.2. Expiration of ACEIP Tier 1. Agency consent granted herein will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to, Agency.

3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.

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to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed, or de-identified data.
☐ Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Agency into ACEIP Tier 2 until Axon and Agency agree to terms in writing providing for such participation in ACEIP Tier 2.

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Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.

1. Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within 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 Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than four (4) consecutive on-site days, Agency must purchase additional days. Axon Full Service options include:

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

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

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

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

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

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

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

For the CEW Starter Package: Virtual assistance included.

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

Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models.

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Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.

Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course.

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

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

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

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

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

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

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

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

Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours.

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13. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.

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

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

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

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

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Technology Assurance Plan Appendix
If Technology Assurance Plan ("TAP") or a bundle including TAP is on the Quote, this appendix applies.

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

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

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

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

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

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

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

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

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

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

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

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

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TASER 7 Appendix
This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon, if applicable.

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

2. Training. If the Quote includes a training voucher, Agency must use the voucher within one (1) year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training Content"), Agency may access Training Content. Axon will deliver all Training Content electronically.

3. TASER Upgrade. If Agency purchases Axon’s 10-year certification program for Axon’s latest version of its TASER energy weapon ("Certification Program") and has no outstanding payment obligations as of the beginning of the sixth (6th) year of the Certification Program, Agency will qualify for an upgrade to any subsequent version of the Certification Program ("CEW Upgrade"). Agency will receive the CEW Upgrade at no additional cost, only to the extent such subsequent version of the Certification Program includes the same products or features as the Certification Program purchased by Agency. If Agency wants to upgrade to a Certification Program that includes additional products or features, Agency will pay the additional cost associated with such products and features. For the avoidance of doubt, Agency is not required to upgrade to any subsequent version of the Certification Program. Axon may ship the CEW Upgrade as scheduled in the Quote without prior confirmation from agency unless the Parties agree in writing otherwise at least ninety (90) days in advance. If necessary to maintain compatibility among Axon Devices, within thirty (30) days of receiving the CEW Upgrade, Agency must, if requested by Axon, return all hardware and related accessories received in connection with the Certification Program to Axon. In such event, Agency must ship batteries via ground shipping or in accordance with federal regulations in place at the time of the return. Axon will pay shipping costs for the return if Agency uses Axon’s RMA process.

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

5. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.

Agency Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days
100 to 499 officers 90 days
500+ officers 180 days

6. TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 start date.

7. Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. Agency may not exceed the number of end users the Quote specifies.

8. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body.

9. Termination. If payment for TASER 7 is more than thirty (30) days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination:

9.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given.

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9.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of termination.

9.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan.

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TASER 10 Appendix
This TASER 10 Appendix applies to Agency’s TASER 10, OSP 10, OSP Plus, or OSP 10 Plus Premium purchase from Axon, if applicable.

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

2. Training. If the Quote includes a training voucher, Agency must use the voucher within one (1) year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training Content"), Agency may access Training Content. Axon will deliver all Training Content electronically.

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

4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.

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

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

6. Access Rights. Upon Axon granting Agency a TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 10 CEW devices during the TASER 10 Subscription Term. Agency may not exceed the number of end users the Quote specifies.

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

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

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Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.

1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency’s Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows end users to autopopulate Axon video meta-data with a case ID, category, and location-based on data maintained in Agency’s CAD or RMS.

2. Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, if Agency maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS.

3. Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope.

The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule.

4. Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to:

4.1. Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including remote access if possible);

4.2. Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services;

4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services;

4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services;

4.5. Promptly install and implement any software updates provided by Axon;

4.6. Ensure that all appropriate data backups are performed;

4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;

4.8. Provide Axon with remote access to Agency’s Axon Evidence account when required;

4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency; and

4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon.

5. Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify the resources and information Axon expects to use and will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.

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Axon Fleet Appendix
If Axon Fleet is included on the Quote, this Appendix applies.

1. Agency Responsibilities.

19. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, "Axon Fleet") as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to change.

20. Agency is responsible for providing a suitable work area for Axon or Axon third-party providers to install Axon Fleet systems into Agency vehicles. Agency is responsible for making available all vehicles for which installation services were purchased, during the agreed upon onsite installation dates, Failure to make vehicles available may require an equitable adjustment in fees or schedule.

2. Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly.

3. Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon.

4. Wireless Offload Server.

4.1. License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription.

4.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS.

4.3. Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.

4.4. WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s store and forward servers solely for troubleshooting and maintenance.

5. Axon Vehicle Software.

5.1. License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription.

5.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software.

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6. Acceptance Checklist. If Axon provides services to Agency pursuant to any statement of work in connection with Axon Fleet, within seven (7) days of the date on which Agency retrieves Agency's vehicle(s) from the Axon installer, said vehicle having been installed and configured with tested and fully and properly operational in-car hardware and software identified above, Agency will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables.

7. Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware ("Axon Fleet Upgrade") as scheduled on the Quote.

7.1. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade.

7.2. Within thirty (30) days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency.

8. Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon any termination:

8.1. Axon Fleet subscription coverage terminates, and no refunds will be given.

8.2. Axon will not and has no obligation to provide the Axon Fleet Upgrade.

8.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP.

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Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote.

1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.

2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s needs.

3. Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s consent.

4. Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier.

5. Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area, and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.

5.1. With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier.

6. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service.

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Add-on Services Appendix
This Appendix applies if Axon Community Request, Axon Redaction Assistant, and/or Axon Performance are included on the Quote.

1. Subscription Term. If Agency purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as part of OSP 7 or OSP 10, the subscription begins on the later of the (1) start date of the OSP 7 or OSP 10 Term, or (2) date Axon provisions Axon Community Request Axon Redaction Assistant, or Axon Performance to Agency.

1.1. If Agency purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Community Request, Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the Effective Date.

1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the addon.

2. Axon Community Request Storage. For Axon Community Request, Agency may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Agency’s Axon Evidence instance. The post-termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.

3. Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency, Axon will need to store call for service data from Agency’s CAD or RMS.

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Axon Auto-Transcribe Appendix
This Appendix applies if Axon Auto-Transcribe is included on the Quote.

1. Subscription Term. If Agency purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Cloud Services license term, or (2) date Axon provisions Axon Auto-Transcribe to Agency. If Agency purchases Axon Auto-Transcribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto-Transcribe to Agency.

1.1. If Agency cancels Auto-Transcribe services, any amounts owed by the Parties will be based on the amount of time passed under the annual subscription, rather than on the number of minutes used, regardless of usage.

2. Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Agency a set number of minutes, Agency may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Agency will not have the ability to roll over unused minutes to future Auto-Transcribe terms. Axon may charge Agency additional fees for exceeding the number of purchased minutes. Axon Auto-Transcribe minutes expire one year after being provisioned to Agency by Axon.

3. Axon Unlimited Transcribe. Upon Axon granting Agency an Unlimited Transcribe subscription to Axon AutoTranscribe, Agency may utilize Axon Auto-Transcribe with no limit on the number of minutes. Unlimited Transcribe includes automatic transcription of all Axon BWC and Axon Capture footage. With regard to Axon Interview Room, Axon Fleet, Axon Citizen, or third-party transcription, transcription must be requested on demand. Notwithstanding the foregoing, Axon may limit usage after 5,000 minutes per user per month for multiple months in a row. Axon will not bill for overages.

4. Warranty. Axon disclaims all warranties, express or implied, for Axon Auto-Transcribe.

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Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.

1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software, and contents thereof, provided by Axon to Agency related to virtual reality (collectively, "Virtual Reality Media").

2. Headsets. Agency may purchase additional virtual reality headsets from Axon. In the event Agency decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Agency must purchase those headsets from Axon.

3. License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. If Agency utilizes more users than stated in this Agreement, Agency must purchase additional Virtual Reality Media licenses from Axon. Agency may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Agency may not:

3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;

3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same;

3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;

3.4. use trade secret information contained in Virtual Reality Media;

3.5. resell, rent, loan or sublicense Virtual Reality Media;

3.6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or

3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.

4. Privacy. Agency’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/legal/axon-virtual-reality-privacy-policy.

5. Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement.

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Axon Evidence Local Software Appendix
This Appendix applies if Axon Evidence Local is included on the Quote.

1. License. Axon owns all executable instructions, images, icons, sound, and text in Axon Evidence Local. All rights are reserved to Axon. Axon grants a non-exclusive, royalty-free, worldwide right and license to use Axon Evidence Local. "Use" means storing, loading, installing, or executing Axon Evidence Local exclusively for data communication with an Axon Device. Agency may use Axon Evidence Local in a networked environment on computers other than the computer it installs Axon Evidence Local on, so long as each execution of Axon Evidence Local is for data communication with an Axon Device. Agency may make copies of Axon Evidence Local for archival purposes only.

Axon shall retain all copyright, trademark, and proprietary notices in Axon Evidence Local on all copies or adaptations.

2. Term. The Quote will detail the duration of the Axon Evidence Local license, as well as any maintenance. The term will begin upon installation of Axon Evidence Local.

3. License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. Agency may not use Axon Evidence Local for any purpose other than as expressly permitted by this Agreement. Agency may not:

3.1. modify, tamper with, repair, or otherwise create derivative works of Axon Evidence Local;

3.2. reverse engineer, disassemble, or decompile Axon Evidence Local or apply any process to derive the source code of Axon Evidence Local, or allow others to do the same;

3.3. access or use Axon Evidence Local to avoid incurring fees or exceeding usage limits or quotas;

3.4. copy Axon Evidence Local in whole or part, except as expressly permitted in this Agreement;

3.5. use trade secret information contained in Axon Evidence Local;

3.6. resell, rent, loan or sublicense Axon Evidence Local;

3.7. access Axon Evidence Local to build a competitive device or service or copy any features, functions, or graphics of Axon Evidence Local; or

3.8. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Evidence Local or any copies of Axon Evidence Local.

4. Support. Axon may make available updates and error corrections ("Updates") to Axon Evidence Local. Axon will provide Updates electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate access to the Internet to receive Updates. Agency is responsible for maintaining the computer equipment necessary to use Axon Evidence Local. Axon may provide technical support of a prior release/version of Axon Evidence Local for six (6) months from when Axon made the subsequent release/version available.

5. Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement. Upon termination, Axon may disable Agency’s right to login to Axon Evidence Local.

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Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services are included on the Quote.

1. Definitions.

1.1. "API Client" means the software that acts as the interface between Agency’s computer and the server, which is already developed or to be developed by Agency.

1.2. "API Interface" means software implemented by Agency to configure Agency’s independent API Client Software to operate in conjunction with the API Service for Agency’s authorized Use.

1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Agency’s Axon Evidence account or integrate Agency’s Axon Evidence account with other systems.

1.4. "Use" means any operation on Agency’s data enabled by the supported API functionality.

2. Purpose and License.

2.1. Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency’s use of API Service. Agency will not use API Service for commercial use.

2.2. Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency’s Use in connection with Agency’s API Client.

2.3. Axon reserves the right to set limitations on Agency’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits.

3. Configuration. Agency will work independently to configure Agency’s API Client with API Service for Agency’s applicable Use. Agency will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Agency will inform Axon promptly of any updates. Upon Agency’s registration, Axon will provide documentation outlining API Service information.

4. Agency Responsibilities. When using API Service, Agency and its end users may not:

4.1. use API Service in any way other than as expressly permitted under this Agreement;

4.2. use in any way that results in, or could result in, any security breach to Axon;

4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services;

4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service;

4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software;

4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;

4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service;

4.8. frame or mirror API Service on any other server, or wireless or Internet-based device;

4.9. make available to a third-party, any token, key, password or other login credentials to API Service;

4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or

4.11. disclose Axon’s API manual.

5. API Content. All content related to API Service, other than Agency Content or Agency’s API Client content, is considered Axon’s API Content, including:

5.1. the design, structure and naming of API Service fields in all responses and requests; Master Services and Purchasing Agreement for Agency
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5.2. the resources available within API Service for which Agency takes actions on, such as evidence, cases, users, or reports;

5.3. the structure of and relationship of API Service resources; and

5.4. the design of API Service, in any part or as a whole.

6. Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to:

6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party;

6.3. misrepresent the source or ownership; or

6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices).

7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Agency is required to implement and use the most current version of API Service and to make any applicable changes to Agency’s API Client required as a result of such API Update. API Updates may adversely affect how Agency’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions.

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Advanced User Management Appendix
This Appendix applies if Axon Advanced User Management is included on the Quote.

1. Scope. Advanced User Management allows Agency to (a) utilize bulk user creation and management, (b) automate user creation and management through System for Cross-domain Identity Management ("SCIM"), and (c) automate group creation and management through SCIM.

2. Advanced User Management Configuration. Agency will work independently to configure Agency’s Advanced User Management for Agency’s applicable Use. Upon request, Axon will provide general guidance to Agency, including documentation that details the setup and configuration process.

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Axon Channel Services Appendix
This Appendix applies if Agency purchases Axon Channel Service, as set forth on the Quote.

1. Definitions.

1.1. "Axon Digital Evidence Management System" means Axon Evidence or Axon Evidence Local, as specified in the attached Channel Services Statement of Work.

1.2. "Active Channel" means a third-party system that is continuously communicating with an Axon Digital Evidence Management System.

1.3. "Inactive Channel" means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System.

2. Scope. Agency currently has a third-party system or data repository from which Agency desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Agency’s third-party data into an Axon Digital Evidence Management System or the transfer of Agency data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work ("Channel Services SOW"). Channel Services will not delete any Agency Content. Agency is responsible for verifying all necessary data is migrated correctly and retained per Agency policy.

3. Changes. Axon is only responsible to perform the Services described in this Appendix and Channel Services SOW.

Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.

4. Purpose and Use. Agency is responsible for verifying Agency has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Agency is responsible for any changes to a third-party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Agency’s network and systems to perform the Services described in the Channel Services SOW. Agency is responsible for facilitating this access per all laws and policies applicable to Agency.

5. Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget.

6. Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner.

7. Monitoring. Axon may monitor Agency’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement.

Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of channel services.

8. Agency’s Responsibilities. Axon’s successful performance of the Channel Services requires Agency:

8.1. Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access);

8.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Channel Services);

8.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services;

8.4. Ensure all appropriate data backups are performed;

8.5. Provide Axon with remote access to the Agency’s network and third-party systems when required for Axon to perform the Channel Services;

8.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and

8.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, Master Services and Purchasing Agreement for Agency
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and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services).

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VIEVU Data Migration Appendix
This Appendix applies if Agency purchases Migration services, as set forth on the Quote.

1. Scope. Agency currently has legacy data in the VIEVU solution from which Agency desires to move to Axon Evidence.

Axon will work with Agency to copy legacy data from the VIEVU solution into Axon Evidence ("Migration"). Before Migration, Agency and Axon will work together to develop a Statement of Work ("Migration SOW") to detail all deliverables and responsibilities. The Migration will require the availability of Agency resources. Such resources will be identified in the SOW. On-site support during Migration is not required. Upon Agency’s request, Axon will provide on-site support for an additional fee. Any request for on-site support will need to be pre-scheduled and is subject to Axon’s resource availability.

1.1. A small amount of unexposed data related to system information will not be migrated from the VIEVU solution to Axon Evidence. Upon request, some of this data can be manually exported before Migration and provided to Agency. The Migration SOW will provide further detail.

2. Changes. Axon is only responsible to perform the Services described in this Appendix and Migration SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order.

Changes may require an equitable adjustment in the charges or schedule.

3. Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget.

4. Downtime. There may be downtime during the Migration. The duration of the downtime will depend on the amount of data that Agency is migrating. Axon will work with Agency to minimize any downtime. Any VIEVU mobile application will need to be disabled upon Migration.

5. Functionality Changes. Due to device differences between the VIEVU solution and the Axon’s Axon Evidence solution, there may be functionality gaps that will not allow for all migrated data to be displayed the same way in the user interface after Migration.

6. Acceptance. Once the Migration is complete, Axon will notify Agency and provide an acceptance form. Agency is responsible for verifying that the scope of the project has been completed and all necessary data is migrated correctly and retained per Agency policy. Agency will have ninety (90) days to provide Axon acceptance that the Migration was successful, or Axon will deem the Migration accepted.

6.1. In the event Agency does not accept the Migration, Agency agrees to notify Axon within a reasonable time.

Agency also agrees to allow Axon a reasonable time to resolve any issue. In the event Agency does not provide Axon with a written rejection of the Migration during these ninety (90) days, Agency may be charged for additional monthly storage costs. After Agency provides acceptance of the Migration, Axon will delete all data from the VIEVU solution ninety (90) days after the Migration.

7. Post-Migration. After Migration, the VIEVU solution may not be supported and updates may not be provided. Axon may end of life the VIEVU solution in the future. If Agency elects to maintain data within the VIEVU solution, Axon will provide Agency ninety (90) days’ notice before ending support for the VIEVU solution.

8. Warranty. Axon warrants that it will perform the Migration in a good and workmanlike manner.

9. Monitoring. Axon may monitor Agency’s use of Migration to ensure quality, improve Axon Devices and Services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure Agency’s use of Migration from Axon.

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Axon Technical Account Manager Appendix
This Appendix applies if Axon Support Engineer services are included on the Quote.

1. Axon Technical Account Manager Payment. Axon will invoice for Axon Technical Account Manager ("TAM") services, as outlined in the Quote, when the TAM commences work on-site at Agency.

2. Full-Time TAM Scope of Services.

2.1. A Full-Time TAM will work on-site four (4) days per week, unless an alternate schedule or reporting location is mutually agreed upon by Axon and Customer.

2.2. Agency’s Axon sales representative and Axon’s Agency Success team will work with Agency to define its support needs and ensure the Full-Time TAM has skills to align with those needs. There may be up to a six- (6-) month waiting period before the Full-Time TAM can work on-site, depending upon Agency’s needs and availability of a Full-Time TAM.

2.3. The purchase of Full-Time TAM Services includes two (2) complimentary Axon Accelerate tickets per year of the Agreement, so long as the TAM has started work at Agency, and Agency is current on all payments for the Full-Time TAM Service.

2.4. The Full-Time TAM Service options are listed below:

Ongoing System Set-up and Configuration
Assisting with assigning cameras and registering docks
Maintaining Agency’s Axon Evidence account
Connecting Agency to "Early Access" programs for new devices Account Maintenance
Conducting on-site training on new features and devices for Agency leadership team(s) Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program
Conducting weekly meetings to cover current issues and program status Data Analysis
Providing on-demand Axon usage data to identify trends and insights for improving daily workflows Comparing Agency's Axon usage and trends to peers to establish best practices Proactively monitoring the health of Axon equipment and coordinating returns when needed Direct Support
Providing on-site, Tier 1 and Tier 2 (as defined in Axon's Service Level Agreement) technical support for Axon Devices
Proactively monitoring the health of Axon equipment
Creating and monitoring RMAs on-site
Providing Axon app support
Monitoring and testing new firmware and workflows before they are released to Agency’s production environment Agency Advocacy
Coordinating bi-annual voice of customer meetings with Axon’s Device Management team Recording and tracking Agency feature requests and major bugs

3. Regional TAM Scope of Services

3.1. A Regional TAM will work on-site for three (3) consecutive days per quarter. Agency must schedule the onsite days at least two (2) weeks in advance. The Regional TAM will also be available by phone and email during regular business hours up to eight (8) hours per week.

3.2. There may be up to a six- (6-) month waiting period before Axon assigns a Regional TAM to Agency, depending upon the availability of a Regional TAM.

3.3. The purchase of Regional TAM Services includes two (2) complimentary Axon Accelerate tickets per year of the Agreement, so long as the TAM has started work at Agency and Agency is current on all payments for the Regional TAM Service.

3.4. The Regional TAM service options are listed below:

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Account Maintenance
Conducting remote training on new features and devices for Agency’s leadership Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program
Conducting weekly conference calls to cover current issues and program status Visiting Agency quarterly (up to 3 consecutive days) to perform a quarterly business review, discuss Agency's goals for your Axon program, and continue to ensure a successful deployment of Axon Devices Direct Support
Providing remote, Tier 1 and Tier 2 (As defined Axon's Service Level Agreement) technical support for Axon Devices
Creating and monitoring RMAs remotely
Data Analysis
Providing quarterly Axon usage data to identify trends and program efficiency opportunities Comparing an Agency's Axon usage and trends to peers to establish best practices Proactively monitoring the health of Axon equipment and coordinating returns when needed Agency Advocacy
Coordinating bi-yearly Voice of Agency meetings with Device Management team Recording and tracking Agency feature requests and major bugs

4. Out of Scope Services. The TAM is responsible to perform only the Services described in this Appendix. Any additional Services discussed or implied that are not defined explicitly in this Appendix will be considered out of the scope.

5. TAM Leave Time. The TAM will be allowed up seven (7) days of sick leave and up to fifteen (15) days of vacation time per each calendar year. The TAM will work with Agency to coordinate any time off and will provide Agency with at least two (2) weeks’ notice before utilizing any vacation days.

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Axon Investigate Appendix
If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third Party Video Support License, the following appendix shall apply.

1. License Grant. Subject to the terms and conditions specified below and upon payment of the applicable fees set forth in the Quote, Axon grants to Agency 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 Agency any right to enhancements or updates, but if such are made available to Agency and obtained by Agency 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, Agency 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 Agency 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. Agency may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement. Agency 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. Agency may not rent, lease, sublicense, grant a security interest in or otherwise transfer Agency’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 Agency 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 predetermined 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 Agency.

5. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all changes, modifications, and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only to the rights and privileges expressly granted by Axon. This Agreement does not provide Agency 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. Agency 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 Agency. If Agency 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 Agency to use the copy of media on an additional server.

7. Actions Required Upon Termination. Upon termination of the license associated with this Agreement, Agency 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 Agency ("Software Documentation") or return such copies to Axon. Regarding any copies of media containing regular backups of Agency's computer or computer system, Agency 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 agency 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 Master Services and Purchasing Agreement for Agency
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subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255.

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My90 Terms of Use Appendix
Definitions.

1.1. "My90" means Axon’s proprietary platform and methodology to obtain and analyze feedback, and other related offerings, including, without limitation, interactions between My90 and Axon products.

1.2. "Recipient Contact Information" means contact information, as applicable, including phone number or email address (if available) of the individual whom Agency would like to obtain feedback.

1.3. "Agency Data" means

1.3.1."My90 Agency Content" which means data, including Recipient Contact Information, provided to My90 directly by Agency or at their direction, or by permitting My90 to access or connect to an information system or similar technology. My90 Agency Content does not include My90 NonContent Data.

1.3.2."My90 Non-Content Data" which means data, configuration, and usage information about Agency'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 NonContent Data includes data about users and survey recipients captured during account management and customer support activities. My90 Non-Content Data does not include My90 Agency Content.

1.3.3."Survey Response" which means survey recipients' response to My90 Survey.

1.4. "My90 Data" means

1.4.1."My90 Survey" which means surveys, material(s) or content(s) made available by Axon to Agency and survey recipients within My90.

1.4.2."Aggregated Survey Response" which means Survey Response that has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to, a particular individual.

1.5. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

1.6. "Processing" means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

1.7. "Sensitive Personal Data" means Personal Data that reveals an individual’s health, racial or ethnic origin, sexual orientation, disability, religious or philosophical beliefs, or trade union membership.

2. Access. Upon Axon granting Agency a subscription to My90, Agency may access and use My90 to store and manage My90 Agency 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. Agency Owns My90 Agency Content. Agency controls or owns all right, title, and interest in My90 Agency Content. Except as outlined herein, Axon obtains no interest in My90 Agency Content, and My90 Agency Content is not Axon’s business records. Except as set forth in this Agreement, Agency is responsible for uploading, sharing, managing, and deleting My90 Agency Content. Axon will only have access to My90 Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to My90 Agency 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 Master Services and Purchasing Agreement for Agency
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in Schedule 1 Details of the Processing, to this Appendix.

6. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Data against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Agency Data including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; security education; and data protection. Axon will not treat Agency 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 Agency, such as ISO 27001 certification or SOC 2 Reporting.

7. Privacy. Agency use of My90 is subject to the My90 Privacy Policy, a current version of which is available at https://www.axon.com/legal/my90privacypolicy. Agency agrees to allow Axon access to My90 Non-Content Data from Agency 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 Agency Data to third-party subcontractors for Processing. Axon will determine the locations for Processing of Agency Data. For all Agency, Axon will Process and store Agency Data within the United States. Ownership of My90 Agency Content remains with Agency.

9. Required Disclosures. Axon will not disclose Agency Data that Agency shares with Axon except as compelled by a court or administrative body or required by any law or regulation. Axon will notify Agency if any disclosure request is received for Agency Data so Agency may file an objection with the court or administrative body, unless prohibited by law.

10. Data Sharing. Axon may share data only with entities that control or are controlled by or under common control of Axon, and as described below:

10.1. Axon may share Agency Data with third parties it employs to perform tasks on Axon’s behalf to provide products or services to Customer.

10.2. Axon may share Aggregated Survey Response with third parties, such as other Axon customers, local city agencies, private companies, or members of the public that are seeking a way to collect analysis on general policing and community trends. Aggregated Survey Response will not be reasonably capable of being associated with or reasonably be linked directly or indirectly to a particular individual.

11. License and Intellectual Property. Agency grants Axon, its affiliates, and assignees the irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Agency Data for internal use including but not limited to analysis and creation of derivatives. Axon may not release Agency Data to any third party under this right that is not aggregated and de-identified. Agency acknowledges that Agency will have no intellectual property right in any media, good or service developed or improved by Axon. Agency acknowledges that Axon may make any lawful use of My90 Data and any derivative of Agency Data including, without limitation, the right to monetize, redistribute, make modification of, and make derivatives of the surveys, survey responses and associated data, and Agency will have no intellectual property right in any good, service, media, or other product that uses My90 Data.

12. Agency Use of Aggregated Survey Response. Axon will make available to Agency Aggregated Survey Response and rights to use for any Agency purpose.

13. Data Subject Rights. Taking into account the nature of the Processing, Axon shall assist Agency by appropriate technical and organizational measures, insofar as this is reasonable, for the fulfilment of Agency's obligation to respond to a Data Subject Request regarding any Personal Data contained within My90 Agency Content. If in regard to My90 Agency Content, Axon receives a Data Subject Request from Agency's data subject to exercise one or more of its rights under applicable Data Protection Law, Axon will redirect the data subject within seventytwo (72) hours, to make its request directly to Agency. Agency will be responsible for responding to any such request.

14. Assistance with Requests Related to My90 Agency Content. With regard to the processing of My90 Agency Content, Axon shall, if not prohibited by applicable law, notify Agency without delay after receipt, if Axon: (a) receives a request for information from the Supervisory Authority or any other competent authority regarding My90 Agency Content; (b) receives a complaint or request from a third party regarding the obligations of Agency or Axon under applicable Data Protection Law; or (c) receives any other communication which directly or indirectly pertains to My90 Agency Content or the Processing or protection of My90 Agency Content. Axon shall not respond to such requests, complaints, or communications, unless Agency has given Axon written instructions to Master Services and Purchasing Agreement for Agency
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that effect or if such is required under a statutory provision. In the latter case, prior to responding to the request, Axon shall notify Agency of the relevant statutory provision and Axon shall limit its response to what is necessary to comply with the request.

15. Axon Evidence Partner Sharing. If Axon Evidence partner sharing is used to share My90 Agency Content, Agency will manage the data sharing partnership with Axon and access to allow only for authorized data sharing with Axon. Agency 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. Agency 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 Agency 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 Agency Content or the potential monetization of Survey Response and Aggregated Survey Response.

18. Managing Data Shared. Agency is responsible for:

18.1. Ensuring My90 Agency Content is appropriate for use in My90. This includes, prior to sharing: (a) applying any and all required redactions, clipping, removal of metadata, logs, etc. and (b) coordination with applicable public disclosure officers and related legal teams;

18.2. Ensuring that only My90 Agency Content that is authorized to be shared for the purposes outlined is shared with Axon. Agency will periodically monitor or audit this shared data;

18.3. Using an appropriately secure data transfer mechanism to provide My90 Agency Content to Axon;

18.4. Immediately notifying Axon if My90 Agency 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 Agency Content in the event Agency requests to un-share previously shared My90 Agency Content;

19. Prior to enrollment in My90. Prior to enrolling in My90, Agency will:

19.1. determine how to use My90 in accordance with applicable laws and regulations including but not limited to consents, use of info or other legal considerations;

19.2. develop a set of default qualification criteria of what My90 Agency Content may be shared with Axon; and

19.3. assign responsibilities for managing what My90 Agency Content is shared with Axon and educate users on what data may or not be shared with Axon.

20. Agency Responsibilities. Agency is responsible for:

20.1. ensuring no My90 Agency Content or Agency end user’s use of My90 Agency Content or My90 violates this Agreement or applicable laws;

20.2. providing, and will continue to provide, all notices and has obtained, and will continue to obtain, all consents and rights necessary under applicable laws for Axon to process Agency Data in accordance with this Agreement; and

20.3. maintaining necessary computer equipment and Internet connections for use of My90. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to My90. Agency will also maintain the security of end usernames and passwords and security and access by end users to My90 Agency Content. Agency is responsible for ensuring the configuration and utilization of My90 meets applicable Agency regulations and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency's account or My90 Agency Content or if account information is lost or stolen.

21. Suspension. Axon may temporarily suspend Agency's or any end user’s right to access or use any portion or all of My90 immediately upon notice, if Agency or end user’s use of or registration for My90 may (a) pose a security Master Services and Purchasing Agreement for Agency
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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. Agency remains responsible for all fees, if applicable, incurred through suspension. Axon will not delete My90 Agency Content or Aggregated Survey Response because of suspension, except as specified in this Agreement.

22. My90 Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:

22.1. copy, modify, tamper with, repair, or create derivative works of any part of My90;

22.2. reverse engineer, disassemble, or decompile My90 or apply any process to derive any source code included in My90, or allow others to do the same;

22.3. access or use My90 with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

22.4. use trade secret information contained in My90, except as expressly permitted in this Agreement;

22.5. access My90 to build a competitive product or service or copy any features, functions, or graphics of My90;

22.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within My90; or

22.7. use My90 to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code.

Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 18.0
Release Date: 6/26/2023 Page 40 of 40
Schedule 1- Details of the Processing

1. Nature and Purpose of the Processing. To help Agency obtain feedback from individuals, such as members of their community, staff, or officers. Features of My90 may include:

1.1. Survey Tool where Agency may create, distribute, and analyze feedback from individuals it designates.

Agency may designate members of the community, staff or officers from whom they would like to obtain feedback;

1.2. Creation of custom forms for surveys. Agency may select questions from a list of pre-drafted questions or create their own;

1.3. Distribution of survey via multiple distribution channels such as text message;

1.4. Ability to access and analyze Survey Response. Axon may also provide Agency Aggregated Survey Responses which contain analysis and insights from the Survey Response;

1.5. Direct integrations into information systems including Computer Aided Dispatch ("CAD"). This will enable Agency to share contact information easily and quickly with Axon of any individuals from whom it wishes to obtain feedback, enabling Axon to communicate directly with these individuals;

1.6. Data Dashboard Beta Test ("Data Dashboard") where Survey Response and Aggregated Survey Response will be displayed for Agency use. Agency 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 Agency to test before they are publicly available;

1.7. Survey Responses will be aggregated and de-identified and may be subsequently distributed and disclosed through various mediums to: (1) Agency; (2) other Axon Agency; (3) private companies; and (4) members of the public. The purpose of disclosure is to provide ongoing insights and comparisons on general policing and community trends. Prior to disclosing this information, Axon will ensure that the Survey Response has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual; and

1.8. Provide services and materials to engage Agency stakeholders, market the partnership to the public, and facilitate training.

AGENDA ITEM NO. 11

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: September 5, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: CONSIDERATION OF AWARD OF REQUEST FOR PROPOSALS NO. 61-021 FOR

LANDSCAPE AND MAINTENANCE SERVICES FOR LANDSCAPE MAINTENANCE

DISTRICTS AND SPORTSPLEX COASTAL SAGE AND SCRUB AREAS
RECOMMENDATION:

It is recommended that the City Council authorize the Acting City Manager to take the following actions:

Terminate existing agreement with Merchants Landscape Services, Inc. expiring December 31, 2023.

1. Award contract for Request for Proposal (RFP) No. 06-021 to Merchants Landscape Services, Inc. (Merchants) for landscape and maintenance of landscape maintenance districts and Sportsplex Coastal Sage and Scrub areas.

2. Authorize the Acting City Manager to negotiate and execute an agreement, in such final form as approved by the City Attorney, with Merchants Landscape Services, Inc. in the amount of $3,840,000 for a five (5) year term.

3. BACKGROUND:

There are five Landscape Maintenance Districts (LMDs) in West Covina. LMDs for parts of the community were established pursuant to the Landscape and Lighting Act of 1972 at the request of the owner of the developments in lieu of forming Homeowners' Associations. Funds collected by the districts are used to maintain landscaping, irrigation and hardscape (i.e. sidewalks, walls, graffiti abatement, clean-up of site, etc.) in public open space areas within its boundaries.  The areas covered include maintenance for the Coastal Sage and Scrub Community Facility District (CSS) that consist of the gnatcatcher habitat restoration program, parkway maintenance and street lighting in the Sportsplex area.

Due to budgetary limitations, the scope for landscape maintenance in the LMDs had been reduced over the various contract years. The existing scope only requires 3 feet clearance from sidewalks and 6-10 feet fire clearance behind residences.

In this RFP, the scope was changed significantly to include full hillsides with brush and vegetation to be trimmed to a maximum height of 4 feet. There is a need and benefit for the increased scope that will improve the overall appearance of the City and its neighborhoods, reducing exposure to claims for damages from fire or other related incidents, and improved response to customer service to residents who want/expect manicured hillsides, walking areas and clear visibility on all roadways.

DISCUSSION:

Staff issued a Request for Proposal (RFP) for landscape maintenance services for all Landscape Maintenance Districts, known as LMDs 1, 2, 4, 6, 7 and Sportsplex Coastal Sage, and Scrub areas on February 13, 2023. The RFP was advertised and sent out to subscribers through the City’s third-party website, Planet Bids.

A mandatory pre-proposal meeting was held on February 23, 2023 and was attended by 12 landscape maintenance contractors. During that meeting it was discussed that the Scope of Work under the new RFP includes significant changes that require landscaping for the full hillsides throughout the LMDs and the Sportsplex Coastal Sage and Scrub.

On March 9, 2023, right (8) proposals were received from the companies listed below in Table 1 and staff reviewed and evaluated the proposals based on the criteria in Table 2. Interviews were set with four bidders on April 18, 2023.

Company
Timeframe to
Bring Areas
into Scope
Compliance
Total Bid
Amount
(per year)
Additional
Cost to Bring
Areas into
Scope
Compliance
Total 5 Year
w/Add. Cost
Merchants Landscape
Services, Inc. 18 months $768,000 $0 $3,840,000
Azteca Landscape No Answer $1,027,361 N/A $5,136,805
BrightView Landscape
Services 2.9 months $1,280,280 $0 $6,401,400
RP Landscape &
Irrigation * 6-8 months $1,292,758 $633,040  $7,096,830 SGD Enterprises
dba Four Seasons
Landscaping
4 weeks $1,404,000 $0 $7,020,000
Mariposa Landscapes,
Inc.* 9 months $1,559,712 $694,860  $8,493,420
Priority Landscape
Services, LLC Needs to review $1,566,600 N/A $7,833,000 Softscapes Corporation
*
6-9 months $1,798,800 $998,350 $9,992,350
Table 1. List of Bidders
Table 2. Evaluation Criteria
Criteria Percent
Completeness of Proposal 20
Relevant Experience and Qualifications 30
Capacity to Perform 30
Proposal Cost 20
Total 100%
Table 2. Evaluation Criteria
The results of the evaluations are summarized in Table 3 below.

Company Average Score Rank
Merchants Landscape Services, Inc. 91 1
Azteca Landscape 85 2
BrightView Landscape Services 76 3
SDG Enterprises
dba Four Seasons Landscaping 74 4
RP Landscape & Irrigation 68 5
Mariposa Landscapes, Inc. 62 6
Softscapes Corporation 43 7
Priority Landscape Services, LLC 35 8
Table 3. Evaluation Summary
Based on the evaluation criteria, Merchants Landscape Services, Inc. was ranked number one.

OPTIONS:

The City Council has the following options:

1. Approve staff’s recommendation; or

2. Provide alternative direction.

Prepared by: Renee M. G. Chavez, Management Analyst I
Fiscal Impact
FISCAL IMPACT:

Funding has been appropriated in the FY2023-2024 budget under the maintenance districts for a contract commencement date of July 1, 2023. There is no impact to the general fund.

Account Number Description Annual Cost FY2023-24
Adopted
Budget
5-yr Cost
181.61.4145.6130 MD1 $127,952 $236,760 $639,760
181.61.4189.6130 MD1 NPDES
182.61.4145.6130 MD2 11,984 79,420 59,920
182.61.4189.6130 MD2 NPDES
Table 4. Summary of Fiscal Impact
184.61.4145.6130 MD4 412,400 601,560 2,062,000
184.61.4189.6130 MD4 NPDES
186.61.4145.6130 MD6 63,440 137,120 317,200
186.61.4189.6130 MD6 NPDES
187.61.4145.6130 MD7 78,800 117,920 394,000
187.61.4189.6130 MD7 NPDES
183.61.4145.6130 Sportsplex/CSS 73,424 79,900 367,120
183.61.4189.6130 Sportsplex/CSS NPDES
Totals $768,000 $1,252,680 $3,840,000
Attachments
ATTACHMENT NO. 1 - SCOPE COMPARISON
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
A Creative and Active Community
A Well-Planned Community
Enhance City Image and Effectiveness
An Accessible Community

LANDSCAPE MAINTENANCE
RFP SCOPE CHANGES MAY 18, 2021ITEM #17 – CONSIDERATION OF AGREEMENT FOR JANITORIAL SERVICES FOR CITY BUILDINGS AND FACILITIES Landscape and Maintenance of City’s Landscape Maintenance Districts Public Services Department – Maintenance Division AT
TACHMENT NO. 1

RFP SCOPE CHANGES
Current
• Minimum three (3) feet clearance maintained between the plant material in the maintenance districts, and all adjacent fences and walls.

New Scope
• All hillsides are to be trimmed to a maximum of four (4) feet.
• Shrubs in walkway are to be kept a maximum height of four (4) feet with a one (1) foot skirt.
• Removal of volunteer trees* 9 feet or below.
* Volunteer trees are saplings that come up from seed all by themselves in your yard and gardens.

Volunteer trees

CURRENT
SCOPE

CURRENT
SCOPE

CURRENT SCOPE
Current scope allows for limited visibility of areas that are screened by vegetation; creating an environment conducive for encampments.

CHANGES IN

SCOPE MAKES SIGNIFICANT DIFFERENCE

SHAKESPEARE DRIVE -

SHAKESPEARE DRIVE -

SHAKESPEARE
DRIVE –CLEARED

GROUND COVER WILL TURN GREEN

AFTER SOME TIME
AGENDA ITEM NO. 12

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: September 5, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: CONSIDERATION OF MOVE WC - UBER SERVICE AREA
RECOMMENDATION:

It is recommended that the City Council:

Approve including travel to and from Metrolink Stations in Baldwin Park and Covina, as well as Metro A (Blue) Rail Line Stations in Irwindale and Azusa, in the service area of the Move WC Program.

1. Authorize the Acting City Manager to execute amendments to the Uber Central Agreement and Uber Vouchers for Transit Agencies Agreement to reflect the revisions to the service area, in substantially the form as attached an in such final form as approved by the City Attorney.

2. BACKGROUND:

On September 20, 2022, the City Council approved agreements with Uber to implement an "On-Demand Ride Hailing" Pilot Program for a six-month period. The Program was intended to supplement the existing Dial-A-Ride service and meet the needs of those challenged with ride availability by providing an on-demand alternative. The City appropriated $50,000 for the Program.

The Program included the following parameters:

Eligibility for participation: all residents 65-years and over.

Cost per ride (one way): $3
Maximum subsidy per ride (one way): $20.  Costs in excess would be paid by rider.

Service area:  Within the City limits.  Up to three miles outside the City limits for medical reasons.

On May 16, 2023, the City Council approved amendments to agreements with Uber, extending the term through next April.  In addition, eligibility criteria was revised to be consistent with the Dial-A-Ride Program, as follows:

Eligibility participation:  all residents 55-years and over OR with a physician-certified disability.

DISCUSSION:

Move WC participants can travel within West Covina and up to 3 miles outside for medical reasons. As Move WC participants can travel within West Covina and up to 3 miles outside for medical reasons. As shown in the table below, connections to regional transportation networks are nearby, but located outside of West Covina. Because such connectivity is an important aspect of transit programs, staff is proposing that travel to and from these locations be included in the Move WC service area. Uber is able to facilitate this by geofencing the specific locations to add them to the eligible service area.

Location Distance from
West Covina Border
Metrolink Train Stations
- Baldwin Park <1 mi
- Covina 1.2 mi
Metro Rail Lines Stations (A Blue Line)
- Irwindale 3.04 mi
- Azua (Azusa) 3.4 mi
- Azusa (Citrus) 4.3 mi
To date, the following are the statistics for Move WC:

Key Performance Indicator As of May 16 As of July 24
Number of Participants 40 80
Trips Taken 179 575
Cost of the Program To Date $1,577 $4,352
The Program has been marketed through the City's social media handles (Instagram, Facebook, Twitter), on the City's website, the Discover Newsletter, and flyers posted at the Senior Center. Staff will continue to promote the Program.

LEGAL REVIEW:

The City Attorney's Office has reviewed the amendments and approved them as to form and will approve the final form prior to execution.

OPTIONS:

The City Council has the following options:

1. Approve staff’s recommendation; or

2. Provide alternative direction.

Prepared by: Kelly McDonald, Public Services Manager
Fiscal Impact
FISCAL IMPACT:

The adopted FY 2023-2024 Budget includes $100,000 for the Program. No additional appropriation is proposed at this time.

Project/Service/
Expense
Fund/
Account No.

FY2023-24
Budget
Estimated Fiscal
Impact
FYE
2025
FYE
2026
On-Demand Ride
Hailing Program
Measure R
224.504.61.53.30.00.61.6120.6120
$100,000 $0 $0
Table 1. Budget Summary
Attachments
Attachment No. 1 - Second Amendment to Uber Central Agreement Attachment No. 2 - Second Amendment to Uber Vouchers for Transit Agencies Agreement CITY COUNCIL GOALS & OBJECTIVES: A Creative and Active Community Enhance City Image and Effectiveness
ATTACHMENT NO. 1
Second Amendment to Uber Central Agreement
between
Uber Technologies, Inc. and The City of West Covina
This Second Amendment ("Amendment") is entered into as of September 5, 2023 ("Effective Date") and shall modify the Uber Central Agreement entered into on October 10, 2022 by and between Uber Technologies, Inc., located at 1515 Third Street, San Francisco, CA 94158 ("Uber"), and The City of West Covina, located at 1444 W Garvey Ave S, West Covina, CA 91790 ("Agency") (“Agreement”).

The parties entered into the Agreement on October 10, 2022.

The parties extended the Term of the Agreement through April 9, 2024 through the First Amendment to the Agreement, dated April 10, 2023.

The parties desire to amend the Collaborative Targets of the Agreement.

The parties agree as follows:

1. Agency and Uber agree to amend Section 1, Collaborative Targets, Item 3, Active Location Target, to read as follows: “Active Location Target: Within West Covina City limits, 3 miles beyond West Covina City limits for medical appointments, Covina Metrolink Station, Baldwin Park Metrolink Station, Irwindale Metro Station, Azusa Downtown Metro Station, and APU/Citrus College Metro Station.

2. All terms capitalized in this Amendment shall have the meanings stated in the Agreement unless otherwise defined in this Amendment. If there is any conflict between the terms of this Amendment and the Agreement, this Amendment shall prevail. Except as provided in this Amendment, all other terms and conditions of the agreement will continue in full force and effect.

Each party is signing this Amendment on the date stated beneath that party’s signature.

UBER TECHNOLOGIES, INC. THE CITY OF WEST COVINA
By: By:

Name: Name:

Title: Title:

Date: Date:

ATTACHMENT NO. 2
Second Amendment to Uber Vouchers for Transit Agencies Agreement between
Uber Technologies, Inc. and The City of West Covina
This Second Amendment ("Amendment") is entered into as of September 5, 2023 ("Effective Date") and shall modify the Uber Vouchers for Transit Agencies Agreement entered into on October 10, 2022 by and between Uber Technologies, Inc., located at 1515 Third Street, San Francisco, CA 94158 ("Uber") and The City of West Covina, located at 1444 W Garvey Ave S, West Covina, CA 91790 ("Agency") (“Agreement”).

The parties entered into the Agreement on October 10, 2022.

The parties extended the Term of the Agreement through April 9, 2024 through the First Amendment to the Agreement, dated April 10, 2023.

The parties desire to amend the Geographic restrictions set forth in Exhibit 1 of the Agreement.

The parties agree as follows:

1. Agency and Uber agree to amend Exhibit 1, Deliverables, Geographic restrictions, to read as follows: “Service area - Within West Covina City limits, 3 miles beyond West Covina City limits for medical appointments, Covina Metrolink Station, Baldwin Park Metrolink Station, Irwindale Metro Station, Azusa Downtown Metro Station, and APU/Citrus College Metro Station.

2. All terms capitalized in this Amendment shall have the meanings stated in the Agreement unless otherwise defined in this Amendment. If there is any conflict between the terms of this Amendment and the Agreement, this Amendment shall prevail. Except as provided in this Amendment, all other terms and conditions of the agreement will continue in full force and effect.

Each party is signing this Amendment on the date stated beneath that party’s signature.

UBER TECHNOLOGIES, INC. THE CITY OF WEST COVINA
By: By:

Name: Name:

Title: Title:

Date: Date:

AGENDA ITEM NO. 13

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: September 5, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: CONSIDERATION OF RATIFICATION OF AMENDMENT TO SUBAWARD

AGREEMENT WITH COUNTY OF LOS ANGELES AGING AND DISABILITIES

DEPARTMENT FOR OLDER AMERICANS ACT FUNDS FOR THE SENIOR MEALS

PROGRAM
RECOMMENDATION:

It is recommended that the City Council take the following actions:

Ratify Amendment Eleven to Elderly Nutrition Program (ENP) Subaward Number ENP202111 with the County of Los Angeles through its Aging and Disabilities Department and approve the acceptance of Older Americans Act Funds through the subaward; and

1. Authorize the City Manager to negotiate and execute agreements and approve purchase orders for meals from vendors on the County's list of approved caterers.

2. BACKGROUND:

The Los Angeles County Workforce Development, Aging and Community Services, Area Agency on Aging (AAA), as part of the Older Americans Act of 1965, a federally funded program, provides grant funds to cities with a required 12% match paid by the cities. The City of West Covina has been using AAA grant funds since 1995 to provide nutritious hot lunches five days per week at the Senior Center.

Seniors over the age of 60 are eligible for the meal program and meals are provided on a first-come first-served basis.

The City currently serves approximately 150 meals per day on average to local seniors. Using the AAA grant funds, the City uses its own Head Cook and limited services support kitchen staff to prepare fresh meals for seniors daily. Senior volunteers supplement the City staffing to ensure continuity of service.

DISCUSSION:

In order to provide ongoing services and maintain the current partnership with the County of Los Angeles, it is requested that the City Council ratify the amendment to the subaward agreement and approve to accept subaward funds. Entering into the amendment to subward agreement will allow the City to continue the popular meal program, benefiting seniors who reside in West Covina and surrounding cities.

The amendment extends the subaward for one year, commencing on July 1, 2023 through June 30, 2024. The City will be reimbursed $7.92 per meal served, up to $292,000. These funds will be used to serve approximately 37,000 senior meals to West Covina residents and non-residents for Fiscal Year 2023-24.

Due to the short turn around requested by the County, the Assistant City Manager executed the Agreement on behalf of the City.  Staff is requesting that the City Council ratify the amendment.

If contracting with a provider for meals, the County requires subrecipients to do so from their list of approved caterers (Attachment No. 2). Staff is requesting that the City Council authorize the City Manager to negotiate and execute agreements and approve purchase orders for meals from providers on the approved caterer list.

LEGAL REVIEW:

The City Attorney's Office has reviewed this report.

Prepared by: Kelly McDonald, Public Services Manager
Fiscal Impact
FISCAL IMPACT:

The City will be reimbursed $7.92 per meal served up to $292,000. The grant requires a 12% match, which amounts to $35,040.  Community Development Block Grant funds were included in the approved Fiscal Year 2023-24 budget to be utilized for this match:

Account No. Account Name FY2023-24 Budget
FY2023-24
Match
Requirement
131.504.61.51.34.00.61.61200
OTHER

CONTRACTUAL

SERVICES
$90,000 $35,040
Attachments
Attachment No. 1 - FY 2023-24 Executed ENP Amendment Eleven Attachment No. 2 - Approved Caterers 23-24
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness An Accessible Community
ATTACHMENT NO. 1

EXHIBIT E
(COUNTY'S ADMINISTRATION)
FISCAL YEAR: 2023-2024
COUNTY’S DEPARTMENT HEAD
Name: Dr. Laura Trejo
Title: Executive Director
Address: 510 South Vermont Avenue
Los Angeles, CA 90020
Telephone: (213) 291-0028
E-Mail Address: [email protected]
COUNTY’S CONTRACT MANAGER
Name: Ms. Carol Domingo
Title: Program Manager
Address: 510 South Vermont Avenue
Los Angeles, Ca 90020
Telephone: (213) 639-6339
E-Mail Address: [email protected]

COUNTY’S PROGRAM MANAGER
Name: Dr. Solomon Shibeshi
Title: Program Manager
Address: 510 South Vermont Avenue
Los Angeles, Ca 90020
Telephone: (213) 351-5066
E-Mail Address: [email protected]
COUNTY’S COMPLIANCE MANAGER
Name: Mr. Syed Uraizee
Title: Administrative Services Manager II
Address: 510 South Vermont Avenue
Los Angeles, Ca 90020
Telephone: (213) 709-7908
E-Mail Address: [email protected]
COUNTY’S EMERGENCY COORDINATOR
Name: Ms. Susana Ortega
Title: Program Manager
Address: 510 South Vermont Avenue
Los Angeles, Ca 90020
Telephone: (213) 738--2920
E-Mail Address: [email protected]

EXHIBIT F
(SUBRECIPIENT’S ADMINISTRATION)
Effective as of: __________________
SUBRECIPIENT’S LEGAL
NAME:

SUBAWARD NUMBER:

UEI NUMBER:

SUBRECIPIENT’S PROJECT MANAGER1:

Name:

Title:

Address:

Telephone:

E-Mail Address:

SUBRECIPIENT’S AUTHORIZED REPRESENTATIVE(S)2:

Name:

Title:

Address:

Telephone:

E-Mail Address:

Name:

Title:

Address:

Telephone:

E-Mail Address:

ADDITIONAL SUBAWARD CONTACTS3
:

Name:

Title:

Address:

Telephone:

E-Mail Address:

Name:

Title:

Address:

Telephone:

E-Mail Address:

BUDGET ANALYST:

Name:

Title:

Address:

Telephone:

E-Mail Address:

Exhibit F (Subrecipient’s Administration)
FY 2023-24 Page 2

FY 2023-24

EXHIBIT R
(JOINT FUNDING REVENUE DISCLOSURE)
List all revenue provided to Subrecipient on an annual basis (including the Subaward Sums, foundation grants, donations, etc.). Use additional pages as necessary.

Revenue Source (Agency or Organization
Name, Contact Name and Phone Number) Funding Amount
Funding Period
Start Date End Date

PAGE TOTAL

GRAND TOTAL OF ALL PAGES
Subrecipient’s Legal Name Contract Number
Name of Preparer (Print) Date Prepared
Exhibit R (Joint Funding Revenue Disclosure)
FY 2023-24
Revenue Source (Agency or Organization
Name, Contact Name and Phone Number) Funding Amount
Funding Period
Start Date End Date

PAGE TOTAL
Page of
Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:

Older Americans Act Title III C-1
One (1)
(3) The minimum required total mach is twelve percent (12%) of SSY4.

ALL COSTS REPORTED ON THIS BUDGET SHALL BE ALLOWABLE, NECESSARY, AND REASONABLE FOR THE PROGRAM SERVICES TO BE PROVIDED.

Bernardo Franco Date: 8/3/2023
$ - $ -
Budget Reviewed and Approved by:

Equipment (Other) (5)
(G)

UNIT RATE
City
[Enter Address] [Enter City]
(2)
SF
$ 35,050 $ - $ 392,899
$ -
Prefix Ext. E-Mail Address
$ -
American Meals $ 20,260
EXHIBIT W1 (BUDGET)
AMENDMENT 11 {FY 2023-24 BASELINE FUNDING}
CA 91790
State Zip Code
State
[Enter State] [Enter Zip]

CONGREGATE MEAL SERVICES
2023-2024
City of West Covina
ENP202111
Subrecipient's Legal Name:
1444 W Garvey Ave S
Main Administrative Office Address
West Covina
Mailing Address (if different from above) City Zip Code Eleven Modification Number: N/A
Ext. E-Mail Address
Community Services Coordinator
(2)

IN-KIND
Phone Number
$ 306,982
(F)
TOTAL

FUNDING
(B+C+D+E)
626-939-8769 [email protected]

PROGRAM FUNDING SUMMARY
$ 48,932 $ - $ 10.97
(A)

SERVICE CATEGORY
(B)

SUBAWARD SUM
YEAR 4
(SSY4) (1)
(1)
CASH
OTHER
(2)
CASH
NSIP
$ 222,790
(1)
CASH
(1)
CASH
(3)
TOTAL

FUNDING
$ 3.05
(1)
SSY4
$ - $ 7.92
(2)

IN-KIND
(1)
CASH
$ 15,000
Job Title
626-939-8401
Phone Number
[Enter]
[Enter] [email protected]
Prefix
Roxanne Lerma
Authorized Representative
Assistant City Manager
Job Title
Ms.

SUBRECIPIENT'S FUNDS (SF) (2)
(C)
MATCH (3)
(D)

NON-MATCH
(E)

PROGRAM
INCOME
Vanessa Ibanez
Project Manager
Ms.
$ -
Grand Total (6)
$ -
$ 265,823 $ 26,177 $ 15,000
Equipment (Purchases) (4)
Grab and Go C-1 Meals $ 43,033
Kelly McDonald Public Services Manager 626-939-8494 [Enter] [email protected] Prefix Budget Analyst Job Title Phone Number Ext. E-Mail Address Mr.
$ - $ -
$ 50,849 $ -

COUNTY USE ONLY
Assigned Program Analyst:

Assigned Contract Analyst:

Kwan Leo Yeung Equipment Purchase(s) Approved by: N/A
Bernardo Franco
$ -
NOTE:
(1) The SSY4 for each Service Category shall match the SSY4 Cash Other reflected in Exhibit X1 (Mandated Program Services), Section I (Units of Service Summary) for each Service Category. (2) The SF for each Service Category shall match the SF reflected in Exhibit X1 (Mandated Program Services), Section I (Units of Service Summary) for each Service Category. (4) Funding Amount for Equipment (Purchase(s)) reflected under SSY4 and SF shall match the Equipment (Purchase(s)) Funding Amount reflected in Exhibit X1 (Mandated Program Services), Section I (Units of Service Summary). $ 5,917 $ 35,050 $ - $ 1,917 $ - $ - $ 85,917 $ 7.92 $ 1.68 $ 9.60 Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:

Subrecipient's Legal Name:

One (1)
ENP202111
Eleven Modification Number: N/A
City of West Covina
[Enter title]
[Enter title]
[Enter title]
[Enter title]
[Enter title]
[Enter title]
I. BUDGET DETAIL - PERSONNEL
DIRECT
Rec Services Sup/Project Mgr 15% $ 5,511 12 $ 9,920 $ 9,920 $ 9,920 $0

CONGREGATE MEAL SERVICES
2023-2024
Older Americans Act Title III C-1
(A)
POSITION TITLE (1)
(B)
% OF TIME
ON

PROGRAM
(2)
(C)

MONTHLY
SALARY
(D)
NO. OF
MONTHS
(E)

TOTAL COSTS
(F)
SSY4
SF (J)
TOTAL

FUNDING
AMOUNT
(K)

VARIANCE
(G)
MATCH
(H)

NON-MATCH
(I)

PROGRAM
INCOME
(B*C*D) (1)

CASH OTHER
(1)
CASH
(2)

IN-KIND
(1)
CASH
(2)

IN-KIND
(1)
CASH
(F+G+H+I) (E - J)
$ 56,628 $0
Food Service Worker (PT) 70% $ 1,764 $ 14,818
$ 17,047 $0
12 $ 14,818 $ 14,818 $0
Head Cook/Food Svcs Mgr/Site Mgr 100% $ 4,719 12 $ 56,628 $ 56,628 Assistant Cook (PT) 70% $ 2,029 12 $ 17,047 $ 17,047
[Enter title]
[Enter title]
[Enter title]
Exhibit W1 (Budget) Amendment 11 {FY 2023-24 Baseline Funding} Page 2 I. BUDGET DETAIL - PERSONNEL
(A)
POSITION TITLE (1)
(B)
% OF TIME
ON

PROGRAM
(2)
(C)

MONTHLY
SALARY
(D)
NO. OF
MONTHS
(E)

TOTAL COSTS
(F)
SSY4
SF (J)
TOTAL

FUNDING
AMOUNT
(K)

VARIANCE
(G)
MATCH
(H)

NON-MATCH
(I)

PROGRAM
INCOME
(B*C*D) (1)

CASH OTHER
(1)
CASH
(2)

IN-KIND
(1)
CASH
(2)

IN-KIND
(1)
CASH
(F+G+H+I) (E - J)
[Enter title]
[Enter title]
[Enter title]
[Enter title]
[Enter title]
[Enter title]
[Enter title]
[Enter title]
SUBTOTAL DIRECT PERSONNEL $ 98,413 $ 98,413 $ - $ -
(3) (3) (3) (3) $ 2,431 $0
$ - $ - $ -
[Enter title]
$ -
Benefits 30.00% $ 29,524 $ 29,524 (4) (4)
Taxes 2.47% $ 2,431 $ 2,431 (3)
No
Indirect Costs (Personnel) $ 44,400 $ 13,036
[Complete as
needed]
[Complete as
needed]
$ 98,413 $0
$ - $ - $ - $ 130,367 $0

INDIRECT
(4) (4) (4) $ 29,524 $0
TOTAL DIRECT PERSONNEL $ 130,367 $ 130,367 $ -
(2): If an individual's time is allocated to multiple Program Services, that individual's time shall not exceed 100% when his/her time is totaled for Congregate Meal Services, Home-Delivered Meal Services, and Telephone Reassurance Services.
$ 31,364
[Complete as
needed]
[Complete as
needed] $ 44,400 $0
Do indirect costs exceed the ten percent (10%) maximum? (5): The maximum reimbursable amount allowable for indirect costs is ten percent (10%) of Subrecipient's modified total direct cost reflected under Column F (SSY4 Cash Other). Indirect costs in excess of the ten percent (10%) maximum may be budgeted as a match in-kind contribution and used to meet the match requirement (subject to County's prior written approval). $ 174,767 $0
NOTE:
(1): Enter the title of each position. List all mandatory staffing positions noted in Exhibit A (Statement of Work). If a mandatory position is performed by staff under a different position/payroll title then list both the position title noted in Exhibit A (Statement of Work) and the payroll title (e.g., Project Director/Recreation Director). (3): Enter the amount of funding that Subrecipient will use to fund any portion of the total cost for taxes. (4): Enter the amount of funding that Subrecipient will use to fund any portion of the total cost for benefits.

GRAND TOTAL
GRAND TOTAL PERSONNEL $ 174,767 $ 143,403 $ - $ - $ 31,364 $ - $ - Exhibit W1 (Budget) Amendment 11 {FY 2023-24 Baseline Funding} Page 3 Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:

Subrecipient's Legal Name:

CONGREGATE MEAL SERVICES
Eleven Modification Number:
2023-2024
(B*C*D*E) (1)

IN-KIND
(1)

IN-KIND
(G + H) (F - I)
II. BUDGET DETAIL - VOLUNTEERS
(A)

POSITION TITLE
(B)
NUMBER
OF

POSITIONS
(C)
% OF TIME

ON PROGRAM
(1)
(D)

MONTHLY
SALARY

EQUIVALENT
(E)
NO. OF
MONTHS
(F)
TOTAL
SALARY

EQUIVALENT
SF (I)
TOTAL

IN-KIND
Older Americans Act Title III C-1
One (1)
ENP202111
N/A
(J)

VARIANCE
(G)
MATCH (2)
(H)

NON-MATCH
DIRECT
City of West Covina
[Enter title]
[Enter title]
[Enter title]
[Enter title]
[Enter title]
[Enter title]
[Enter title]
[Enter title]
[Enter title]

INDIRECT
Indirect Costs (Volunteers)
[Complete
as needed]
[Complete as
needed]
[Complete as
needed]
TOTAL DIRECT VOLUNTEERS $ - $ - $ - $ - $0
NOTE:
(2): When using volunteer services as an in-kind match to meet the minimum required match, this in-kind match shall not exceed more than fifty percent (50%) of the minimum required match. For example, if volunteer services total $2,000 and the minimum required match is $1,500 then a maximum of $750 of volunteer services will count toward meeting the minimum required match. Additionally, Subrecipient does not have to change the amount of volunteer services reflected as in-kind match since only a portion of it may be counted toward meeting the minimum required match. Using the previous example, Subrecipient may reflect $2,000 (as opposed to $750) as in-kind match for volunteer services but only $750 of this amount will be counted toward meeting the minimum required match.

GRAND TOTAL
GRAND TOTAL VOLUNTEERS $ - $ - $ - $ - $0
(1): If an individual's time is allocated to multiple Program Services, that individual's time shall not exceed 100% when his/her time is totaled for Congregate Meal Services, HomeDelivered Meal Services, and Telephone Reassurance Services.

Exhibit W1 (Budget) Amendment 11 {FY 2023-24 Baseline Funding} Page 4 Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:

Subrecipient's Legal Name:

ENP202111
Eleven Modification Number: N/A
City of West Covina
III. BUDGET DETAIL - VOLUNTEER EXPENSES

CONGREGATE MEAL SERVICES
2023-2024
Older Americans Act Title III C-1
One (1)
(A)

DESCRIPTION
(B)

UNIT COST
(C)

NUMBER OF
UNITS
(D)
NO. OF
MONTHS
(E)

TOTAL COSTS
(F)
SSY4
SF (J)
TOTAL

FUNDING
(K)

VARIANCE
(G)
MATCH
(H)

NON-MATCH
(I)

PROGRAM
INCOME
(B*C*D) (1)

CASH OTHER
(1)
CASH
(2)

IN-KIND
(1)
CASH
(2)

IN-KIND
(1)
CASH
(F+G+H+I) (E - J)
DIRECT
Training
Mileage (Cost/Mile) (1)
[Enter description of other expenses]
[Enter description of other expenses]
[Enter description of other expenses]
[Enter description of other expenses]
[Enter description of other expenses]
$ - $0

INDIRECT

TOTAL DIRECT VOLUNTEER
EXPENSES $ - $ - $ - $ -
[Enter description of other expenses]
Indirect Costs (Volunteer Expenses) (2)
$ - $ - $ -
(1) Effective January 1, 2023, County’s approved mileage rate is $0.615 per mile and State's mileage rate is available online at: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement for mileage shall not exceed the lesser of County's rate and State's rate. (2): The maximum reimbursable amount allowable for indirect costs is ten percent (10%) of Subrecipient's modified total direct cost reflected under Column F (SSY4 Cash Other). Indirect costs in excess of the ten percent (10%) maximum may be budgeted as a match in-kind contribution and used to meet the match requirement (subject to County's prior written approval). $ - $ - $ - $ - $0
NOTE:

Do indirect costs exceed the ten percent (10%) maximum?

GRAND TOTAL

GRAND TOTAL VOLUNTEER
EXPENSES $ - $ - $ - $ -
[Complete as
needed]
[Complete as
needed]
[Complete as
needed]
[Complete as
needed]
[Complete as
needed]
Exhibit W1 (Budget) Amendment 11 {FY 2023-24 Baseline Funding} Page 5 Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:

Subrecipient's Legal Name:
2023-2024
Older Americans Act Title III C-1
One (1)
ENP202111
Eleven Modification Number: N/A
City of West Covina

CONGREGATE MEAL SERVICES
[Enter caterer's name]
[Enter caterer's name] Select Description
[Enter caterer's name]
[Enter caterer's name] Select Description
DIRECT
[Enter caterer's name] Select Description
[Enter caterer's name]
[Enter caterer's name]
Select Description
Select Description
Select Description
(1)
CASH
(2)

IN-KIND
(1)
CASH
(2)

IN-KIND
(2)
CASH
NSIP
(G+H+I+J)
(I)

NON-MATCH
(1)
CASH
OTHER
(H)
MATCH
(1): Use this Budget Detail to report lower tier subawards/subcontracts with caterers by entering the name of the caterer. The information provided herein shall be included in Exhibit Y (List of Lower Tier Subawards). Subrecipient shall obtain prior written approval from County before executing lower tier subaward(s). (2): The maximum reimbursable amount allowable for indirect costs is ten percent (10%) of Subrecipient's modified total direct cost reflected under Column G (SSY4 Cash Other). Indirect costs in excess of the ten percent (10%) maximum may be budgeted as a match in-kind contribution and used to meet the match requirement (subject to County's prior written approval).

Do indirect costs exceed the ten percent (10%) maximum? Indirect Costs
(Lower Tier Subawards/Subcontracts for Catered Food)

TOTAL DIRECT LOWER TIER SUBAWARDS/
SUBCONTRACTS FOR CATERED FOOD $ -

GRAND TOTAL LOWER TIER SUBAWARDS/

SUBCONTRACTS FOR CATERED FOOD
[Complete as
needed]
[Complete as
needed]
[Complete as
needed]
[Complete as
needed]

GRAND TOTAL
(2)
NOTE:
$ - $ - $0
$ - $ - $ - $0
[Complete as
needed]
$ - $ - $ - $ - $ - $ - $ -
$ - $ - $ -

INDIRECT
$ - $ -
IV. BUDGET DETAIL - LOWER TIER SUBAWARDS/SUBCONTRACTS FOR CATERED FOOD (A)

LOWER TIER SUBRECIPIENT'S/
SUBCONTRACTOR'S NAME (1)
(C)

UNIT COST
(D)
NO. OF
UNITS
(E)
NO. OF
MONTHS
(C*D*E) (F - K)
Select Description
(J)

PROGRAM
INCOME
(1)
CASH
(B)

SERVICE CATEGORY
(G)
SSY4
(F) SF

TOTAL COSTS
(K)

TOTAL FUNDING
(L)

VARIANCE
Exhibit W1 (Budget) Amendment 11 {FY 2023-24 Baseline Funding} Page 6 Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:

Subrecipient's Legal Name:

NOTE:
2023-2024
Older Americans Act Title III C-1
One (1)
ENP202111
Eleven Modification Number: N/A
City of West Covina
(F) SF
SSY4
(J)

TOTAL FUNDING
$ 93,033
(K)

VARIANCE
(B*C*D) (1)
CASH
OTHER
(2)
CASH
NSIP
(1)
CASH

TOTAL DIRECT RAW FOOD
$ 49,287 $ 26,177 $ 17,569 $0
$ 35,050
$ 173,033 $0
[Complete as
needed]

CONGREGATE MEAL SERVICES
(2)

IN-KIND
(1)
CASH
(F+G+H+I) (E - J)
V. BUDGET DETAIL - RAW FOOD
(A)

SERVICE CATEGORY
(B)

UNIT COST
(C)
NO. OF
UNITS
(D)
NO. OF
MONTHS
(2)

IN-KIND
(1)
CASH
(G)
MATCH
(H)

NON-MATCH
(I)

PROGRAM
INCOME
(E)

TOTAL COSTS
$ - $ 19,486 $ -
[Complete as
(1) needed]
$ -
DIRECT
American Meals $ 3.52 2,200 12 $ 93,033
Grab and Go C-1 Meals $ 9.60 694 12 $ 80,000 $ 43,033 $ 1,917 $ 80,000 $0 [Complete as
needed]
[Complete as
needed]
$ 173,033 $ 92,320 $ 26,177 $ 35,050
(1): The maximum reimbursable amount allowable for indirect costs is ten percent (10%) of Subrecipient's modified total direct cost reflected under Column F (SSY4 Cash Other). Indirect costs in excess of the ten percent (10%) maximum may be budgeted as a match in-kind contribution and used to meet the match requirement (subject to County's prior written approval).

INDIRECT

GRAND TOTAL
Indirect Costs (Raw Food)
GRAND TOTAL RAW FOOD $ 173,033 $ 92,320 $ 26,177 $ 35,050 $ - $ 19,486 $ - $ - $ 173,033 $0 [Complete as
needed]
Do indirect costs exceed the ten percent (10%) maximum? Exhibit W1 (Budget) Amendment 11 {FY 2023-24 Baseline Funding} Page 7 Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:

Subrecipient's Legal Name:

Eleven Modification Number: N/A
City of West Covina
VI. BUDGET DETAIL - SPACE

CONGREGATE MEAL SERVICES
2023-2024
Older Americans Act Title III C-1
One (1)
ENP202111
(A)

NAME OF LOCATION AND DESCRIPTION
(B)

UNIT COST
(1)
(C)
NO. OF
UNITS
(D)
NO. OF
MONTHS
(E)
TOTAL
COSTS
(F)
SSY4
SF (J)
TOTAL

FUNDING
(K)

VARIANCE
(G)
MATCH
(H)

NON-MATCH
(I)

PROGRAM
INCOME
(B*C*D) (1)
CASH
OTHER
(1)
CASH
(2)

IN-KIND
(1)
CASH
(2)

IN-KIND
(1)
CASH
(F+G+H+I) (E - J)
[Enter name and description]
[Enter name and description]
DIRECT
[Enter name and description]
[Enter name and description]
[Enter name and description]
$0

INDIRECT
TOTAL DIRECT SPACE $ - $ - $ - $ -
[Enter name and description]
[Complete as
Indirect Costs (Space) (2) needed]
$ - $ - $ - $ -
[Enter name and description]
[Enter name and description]
(1): Please submit supporting documentation with this Budget for any unit cost, which exceeds $2.00 per square foot, that will be supported by the SSY4. (2): The maximum reimbursable amount allowable for indirect costs is ten percent (10%) of Subrecipient's modified total direct cost reflected under Column F (SSY4 Cash Other). Indirect costs in excess of the ten percent (10%) maximum may be budgeted as a match in-kind contribution and used to meet the match requirement (subject to County's prior written approval). $ - $ - $ - $ - $0
NOTE:

Do indirect costs exceed the ten percent (10%) maximum?

GRAND TOTAL
GRAND TOTAL SPACE $ - $ - $ - $ -
[Complete as
needed]
[Complete as
needed]
[Complete as
needed]
[Complete as
needed]
Exhibit W1 (Budget) Amendment 11 {FY 2023-24 Baseline Funding} Page 8 Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:

Subrecipient's Legal Name:
(1) County's approval of Subrecipient's Budget does not constitute approval for Subrecipient to purchase the Equipment/Asset. Prior approval is needed for all computing devices, regardless of cost (including but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones and cellphones) as well as all portable electronic storage media, regardless of cost (including but not limited to, thumb/flash drives and portable hard drives), and/or when Subrecipient will use $500 or more of the SSY4 to purchase the Equipment/Asset.

Subrecipient shall obtain prior written approval from County at least thirty (30) days in advance of the date/time that Subrecipient intends to purchase the Equipment using SSY4 and no later than March 31st of the Fiscal Year.

Equipment must be ordered or purchased no later than May 31st of the Fiscal Year.

Subrecipient must submit a minimum of three (3) bids when requesting approval for Equipment that is $500 or more.

Subrecipient must ensure that the description and amount of the Equipment purchase(s) on the Budget are the same as the actual item(s) purchased.

The Grand Total Equipment purchase amount reflected under column (F) SSY4 shall match the total equipment amount reflected in the Mandated Program Services, Section I (Service Unit Summary). (2) Purchase includes any equipment that Subrecipient intends to purchase. Subreciept shall report this using any combination of SSY4, Match Cash, and Non-match Cash. (3) Other includes any equipment (except for leased equipment) which is not purchased by Subrecipient (e.g. donated items). Subrecipient shall report this using any combination of Match In-kind and/or Non-match In-kind. 2023-2024
Older Americans Act Title III C-1
One (1)
ENP202111
Eleven Modification Number: N/A
City of West Covina
VII. BUDGET DETAIL - EQUIPMENT
(K)

VARIANCE
(E - J)
DIRECT
[Enter description] Select
[Enter description]
(J)
TOTAL

FUNDING
(G)
MATCH
(H)

NON-MATCH
(I)

PROGRAM
INCOME
(C*D) (1)
CASH
OTHER
(1)
CASH
(2)

IN-KIND
(1)
CASH
(2)

IN-KIND
(1)
CASH
(F+G+H+I)

CONGREGATE MEAL SERVICES
(A)
DESCRIPTION (1)
(B)

EQUIPMENT
TYPE
(2) or (3)
(C)

UNIT COST
(D)
NO. OF
UNITS
(E)

TOTAL COSTS
(F)
SSY4
SF
[Enter description] Select
Select
[Enter description] Select
[Enter description] Select
[Enter description] Select
NOTE:
$ - $0

GRAND TOTAL
TOTAL DIRECT EQUIPMENT $ - $ - $ - $ - $ - $ - $ -
[Enter description] Select
Exhibit W1 (Budget) Amendment 11 {FY 2023-24 Baseline Funding} Page 9 Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:

Subrecipient's Legal Name:

One (1)
ENP202111
Eleven Modification Number: N/A
City of West Covina
VIII. BUDGET DETAIL - OTHER COSTS

CONGREGATE MEAL SERVICES
2023-2024
Older Americans Act Title III C-1
(A)
DESCRIPTION (1)
(B)

UNIT COST
(C)
NO. OF
UNITS
(D)
NO. OF
MONTHS
(E)

TOTAL COSTS
(F)
SSY4
SF (J)
TOTAL

FUNDING
(K)

VARIANCE
(G)
MATCH
(H)

NON-MATCH
(I)

PROGRAM
INCOME
(B*C*D) (1)
CASH
OTHER
(1)
CASH
(2)

IN-KIND
(1)
CASH
(2)

IN-KIND
(1)
CASH
(F+G+H+I) (E - J)
$ 25,500 $0
DIRECT
Materials and Supplies (2 CFR 200.453 & 45 CFR 75.453) $ 212.50 10 12 $ 25,500 $ 25,500 $ 10,000 $ 10,000 $0
1 12 $ 3,600 $ 3,600 $ 3,600 $0
Professional Services (2 CFR 200.459 & 45 CFR 75.459) $ 500.00 1 12 $ 6,000 $ 1,000 Maintenance and Repairs (2 CFR 200.452 & 45 CFR

75.452) $ 833.33 1 12 $ 10,000
Lease (Equipment) (2 CFR 200.465 & 45 CFR 75.465) (3) $ 300.00 $ 5,000 $ 6,000 $0
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
Select Description (2) (3) (4) (5)
8 Exhibit W1 (Budget) Amendment 11 {FY 2023-24 Baseline Funding} Page 10 (A)
DESCRIPTION (1)
(B)

UNIT COST
(C)
NO. OF
UNITS
(D)
NO. OF
MONTHS
(E)

TOTAL COSTS
(F)
SSY4
SF (J)
TOTAL

FUNDING
(K)

VARIANCE
(G)
MATCH
(H)

NON-MATCH
(I)

PROGRAM
INCOME
(B*C*D) (1)
CASH
OTHER
(1)
CASH
(2)

IN-KIND
(1)
CASH
(2)

IN-KIND
(1)
CASH
(F+G+H+I) (E - J)
8) Per Agency lease is for a dishwasher. Lease term is 1 year. $ - $ - $ 15,000 $ 45,100 $0

INDIRECT
TOTAL DIRECT OTHER COSTS $ 45,100 $ 30,100 $ - $ -
(1): Allowable costs are identified in accordance with Title 2 Code of Federal Regulations (CFR) Part 200 and Title 45 Code of Federal Regulations (CFR) Part 75. (2): Subrecipient shall obtain prior written approval from County if utilizing SSY4 for Conferences. (3): Subrecipient shall provide the following information to your assigned Contract Analyst: (a) Kind of equipment, (b) Indicate whether the equipment lease is program specific or a shared cost, (c) If a shared cost, provide the cost distribution methodology for County review and (d) Length of the lease. $ - $ - $ 15,000 $ 45,100 $0
Do indirect costs exceed the ten percent (10%) maximum?

GRAND TOTAL
GRAND TOTAL OTHER COSTS $ 45,100 $ 30,100 $ - $ -
[Complete
(7) as needed]
(6)
Select Description (2) (3) (4) (5)
(6)
(6)
(4): Effective January 1, 2023, County’s approved mileage rate is $0.615 per mile and State's mileage rate is available online at: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement for mileage shall not exceed the lesser of County's rate and State's rate. (5): Subrecipient shall obtain prior written approval from County if utilizing SSY4 for Travel (Other). (6): Subrecipient shall contact their assigned Contract Analyst if there is a cost(s) that Subrecipient would like to add that is not included in the drop down list. Subrecipient shall provide detailed explanation of the cost to County review.
(7): The maximum reimbursable amount allowable for indirect costs is ten percent (10%) of Subrecipient's modified total direct cost reflected under Column F (SSY4 Cash Other). Indirect costs in excess of the ten percent (10%) maximum may be budgeted as a match in-kind contribution and used to meet the match requirement (subject to County's prior written approval). (6)
[Complete
as needed]
[Complete
as needed]
[Complete
as needed]
[Complete as
Indirect Costs (Other Costs) needed]
NOTE:

Exhibit W1 (Budget) Amendment 11 {FY 2023-24 Baseline Funding} Page 11 Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:

Subrecipient's Legal Name:
2 Variance (Costs-Funding)
Cash
In-Kind
Cash (SF)
$ 69,536
In-Kind (SF)
$ -
In-Kind (SF)
$ -
Cash Other
(SSY4) $ 252,787
Cash NSIP
(SSY4) $ 26,177
Cash NSIP
(SSY4) $ 26,177 9 Subtotal Direct Costs
Cash Other
(SSY4) $ 252,787
5 Subtotal Funding for
Direct Costs
Cash (SF)
$ 69,536
Cash (SF) $ 15,000
Cash (SF)
$ -
In-Kind (SF)
$ -
Cash Other
(SSY4) $ 30,100
Cash (SF)
$ 15,000
7 Equipment
Cash Other
(SSY4) $ -
4 Program Income
8 Other Costs
In-Kind (SF)
$ -
Cash (SF) In-Kind (SF) $ -
$ -
In-Kind (SF)
$ -
Cash (SF) $ 19,486
Cash NSIP
(SSY4) $ 26,177
Cash (SF)
$ 54,536
In-Kind (SF)
$ -
5 Raw Food
Cash Other
(SSY4) $ 92,320
3 Non-Match
6 Space
Cash Other
(SSY4) $ -
2 Subtotal $ 278,964
4 Lower Tier Subawards/Subcontracts for
Catered Food
Cash Other
(SSY4) $ -
Cash NSIP
(SSY4) $ -
Cash (SF)
$ -
Match
In-Kind (SF)
$ -
Cash (SF) $ 35,050
In-Kind (SF) $ -
Cash Other
(SSY4) $ -
Cash (SF)
$ -
In-Kind (SF)
$ -
Cash (SF)
$ -
In-Kind (SF)
$ -
City of West Covina
IX. BUDGET SUMMARY
(A)

COST CATEGORIES
(B)
COSTS (1)
(C)

FUNDING CATEGORIES
(D)
FUNDING (1)
(1)
Total Budgeted
Costs
Cash NSIP
(SSY4) $ 26,177
(1)
Total Budgeted
Costs
DIRECT
1 Personnel
Cash Other
(SSY4) $ 130,367
1 SSY4
Cash Other
(SSY4) $ 252,787
Volunteers In-Kind (SF)
$ -
3 Volunteer Expenses

CONGREGATE MEAL SERVICES
2023-2024
Older Americans Act Title III C-1
One (1)
ENP202111
Eleven Modification Number: N/A
Exhibit W1 (Budget) Amendment 11 {FY 2023-24 Baseline Funding} Page 12 IX. BUDGET SUMMARY
(A)

COST CATEGORIES
(B)
COSTS (1)
(C)

FUNDING CATEGORIES
(D)
FUNDING (1)
(1)
Total Budgeted
Costs
(1)
Total Budgeted
Costs
11 21 12
Cash NSIP
(SSY4) $ 26,177
Cash (SF)
$ 100,900
Cash (SF)
$ 100,900

GRAND TOTAL
In-Kind (SF)
$ -
Variance (Costs-Funding)
Cash
In-Kind
Subrecipient meets minimum match requirement. Match Met NOTE:
(1): Costs and Funding shall match.

In-Kind (SF)
$ -
In-Kind (SF)
$ -

GRAND TOTAL COSTS
$ 392,900

GRAND TOTAL FUNDING
$ 392,900
20 Total Costs
Cash Other
(SSY4) $ 265,823
11 Total Funding
Cash Other
(SSY4) $ 265,823
Cash NSIP
(SSY4)
Variance (Costs-Funding) $0
$ 26,177
Cash Other
(SSY4) $ 13,036
Cash (SF)
$ 31,364
Cash (SF)
$ 31,364
17 Subtotal Indirect Costs
Cash Other
(SSY4) $ 13,036
10 Subtotal Funding for
Indirect Costs
In-Kind (SF)
$ -
Cash (SF) Cash (SF) $ -
$ -
In-Kind (SF)
$ -
16 Other Costs
Cash Other
(SSY4) $ -
9 Program Income
Cash (SF) In-Kind (SF) $ -
$ -
In-Kind (SF)
$ -
Cash (SF) Cash (SF) $ 31,364
$ -
In-Kind (SF)
$ -
14 Raw Food
Cash Other
(SSY4) $ -
8 Non-Match
15 Space
Cash Other
(SSY4) $ -
13 Lower Tier Subawards/Subcontracts for
Catered Food
Cash Other
(SSY4) $ -
Cash (SF)
$ -
In-Kind (SF)
$ -
7 Match
$ -
In-Kind (SF)
$ -
Cash Other
(SSY4) $ 13,036
Cash (SF)
$ 31,364
In-Kind (SF)
$ -
In-Kind (SF)
$ -
Cash Other
(SSY4) $ -
In-Kind (SF) $ -
Cash (SF) $ -
10 Personnel
Cash Other
(SSY4) $ 13,036
Volunteers 6 SSY4
12 Volunteer Expenses Cash (SF)

INDIRECT
Exhibit W1 (Budget) Amendment 11 {FY 2023-24 Baseline Funding} Page 13 Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:
[Enter]
Ext.
[Enter]
Phone Number Ext.
[Enter]
Phone Number Ext.

MPS Reviewed and Approved by: Kwan Leo Yeung Date: 8/7/2023

COUNTY USE ONLY
Assigned Program Analyst: Kwan Leo Yeung
Assigned Contract Analyst: Bernardo Franco
Recreation Services Coordinator [email protected]
Prefix Project Manager Job Title E-Mail Address
Ms. Vanessa Ibanez 626-939-8769
Ms. Kelly McDonald
Prefix
E-Mail Address
Ms. Roxanne Lerma 626-939-8401
Phone Number
EXHIBIT X1 (MANDATED PROGRAM SERVICES)
AMENDMENT 11 {FY 2023-24 BASELINE FUNDING}
Subrecipient's Legal Name:
[Enter Address]
Assistant City Manager [email protected]
State Zip Code
1444 W Garvey Ave S West Covina CA 91790
Main Administrative Office Address
Budget Analyst Job Title E-Mail Address
[Enter City] CA [Enter Zip]
Public Services Manager 626-939-8494 [email protected] Mailing Address (if different from above) City State Zip Code Prefix Authorized Representative Job Title
City
Congregate Meal Services
2023-2024
Older Americans Act Title III C-1
One
ENP202111
City of West Covina
Eleven Modification Number: N/A
Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:

Equipment (Other) (9)
$ 226,000
Total (4) 1,100 $ 9.60 $ 80,000
$ 7.21
$ 3.05 $ 86,899
1100
$ 7.21 $ 60,083
SSY4
(Cash NSIP) 8,333 $ 0.71 $ 5,917
Subtotal SSY4
(Cash Other and Cash NSIP) $ 7.92 $ 66,000
$ 205,740
$ 312,899
28,535
SF (7)
(Cash and In-Kind) 8,333 $ 1.68 $ 14,000
Subrecipient's Legal Name:

SSY4 (6)
(Cash Other) 8,333
Total (4)
SSY4
(Cash NSIP)
Subtotal SSY4
(Cash Other and Cash NSIP)
(E)
FUNDING AMOUNT (5)
(A)

SERVICE CATEGORY
(B)

FUNDING SOURCE
SF (7)
(Cash and In-Kind)
28,535
28,535
$ 10.97
$ 20,260
1,100
$ 7.92
Congregate Meal Services
2023-2024
Older Americans Act Title III C-1
One
ENP202111
City of West Covina
Eleven Modification Number: N/A
(F)
NO. OF UNDUPLICATED
CLIENTS (1)
(C)

UNITS OF
SERVICE (3)
(D)
UNIT RATE (2)
SSY4 (6)
(Cash Other)
$ 0.71
GRAND TOTAL SERVICES/FUNDING 1,100 $ 392,899 -
Grab And Go C-1 Meals
(5) Thet Total and Grand Total amounts under column (E) Funding Amount shall match the Total and Grand Total amounts reflected in Exhibit W1 (Budget) (cover page) column (F) Total Funding.
(9) Enter the amount of equipment (other) that is reflected in Exhibit W1 (Budget).

I. UNITS OF SERVICE SUMMARY
(6) SSY4: Subaward Sum Year 3
(7) SF: Subrecipient's Funds
(8) Enter the approved amount of equipment purchase(s) that is reflected in Exhibit W1 (Budget).

Equipment (Purchases) (8) [Enter Approved
Amount]
(2) Please Enter the Unit Rates: a) for SSY4 (Cash Other) and for SSY4 (Cash NSIP) (i.e., approved rate to be reimbursed by County as reflected in the funding allocation letter) and b) for SF (amount of Match, Non-Match, and Program Income - reflected as a rate - that will be funded by Subrecipient for the Services). (3) Please enter the number of Units for each Service Category to be provided using SSY4 (Cash Other), SSY4 (Cash NSIP), and SF. (4) The Total Unduplicated Units for each Service Category under column (C) Units of Service shall match the corresponding Total Units reflected in Sections II, III, and IV (Services by Month) column (P) Total.

NOTE:
(1) Please Enter the total number of unduplicated clients that will be served by your agency. Unduplicated clients are individuals who meet the eligibility requirements outlined in Exhibit A (Statement of Work). These individuals are counted only once within a FY for reporting purposes.

American Meals
[Enter Amount]
Exhibit X1 (Mandated Program Services) Amendment 11 {FY 2023-24 Baseline Funding} Page 2 Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:
(A)
LINE
NO.
(C)
NO. OF
UNDUP.

CLIENTS
(D)
JUL
(E)
AUG
(F)
SEP
(G)
OCT
(H)
NOV
(I)
DEC
(J)
JAN
(K)
FEB
(L)
MAR
(M)
APR
(N)
MAY
(O)
JUN
(P)
TOTAL (1)
1 1,100 2,377 2,378 2,378 2,378 2,378 2,378 2,378 2,378 2,378 2,378 2,378 2,378 28,535 2 0
3 0
4 0
5 0
6 0
7 0
8 0
9 0
10 0
11 0
12 0
13 0
14 0
15 0
1,100 2,377 2,378 2,378 2,378 2,378 2,378 2,378 2,378 2,378 2,378 2,378 2,378 28,535 NOTE:
(1) The Grand Total Units under column (P) Total shall match the Total reflected in Section I (Units of Service Summary) column (C) Units of Service Total.

Grand Total
II. SERVICES BY MONTH - AMERICAN MEALS
(B)

SITE NAME
West Covina
ENP202111
Congregate Meal Services
2023-2024
Older Americans Act Title III C-1
One
Subrecipient's Legal Name: City of West Covina
Eleven Modification Number: N/A
Exhibit X1 (Mandated Program Services) Amendment 11 {FY 2023-24 Baseline Funding} Page 3 Program Services:

Fiscal Year:

Funding Type:

Supervisorial District:

Subaward Number:

Amendment Number:
(A)
LINE
NO.
(C)
NO. OF
UNDUP.

CLIENTS
(D)
JUL
(E)
AUG
(F)
SEP
(G)
OCT
(H)
NOV
(I)
DEC
(J)
JAN
(K)
FEB
(L)
MAR
(M)
APR
(N)
MAY
(O)
JUN
(P)
TOTAL (1)
1 1,100 694 694 694 694 694 694 694 695 695 695 695 695 8,333 2 0
3 0
4 0
5 0
6 0
7 0
8 0
9 0
10 0
11 0
12 0
13 0
14 0
15 0
1,100 694 694 694 694 694 694 694 695 695 695 695 695 8,333 NOTE:
(1) The Grand Total Units under column (P) Total shall match the Total reflected in Section I (Units of Service Summary) column (C) Units of Service Total.

Grand Total
Eleven Modification Number: N/A
Subrecipient's Legal Name: City of West Covina
II. SERVICES BY MONTH - GRAB AND GO MEALS
(B)

SITE NAME
West Covina
ENP202111
Congregate Meal Services
2023-2024
Older Americans Act Title III C-1
One
Exhibit X1 (Mandated Program Services) Amendment 11 {FY 2023-24 Baseline Funding} Page 4

EXHIBIT Y (LIST OF LOWER TIER SUBAWARDS)
Subrecipient’s Legal Name: ______________________________ Subaward Number: _____________________ Select the certification below that is applicable to Subrecipient’s use of Lower Tier Subrecipient(s)/Lower Tier Subaward(s):
☐ Subrecipient intends to use Lower Tier Subrecipient(s)/Lower Tier Subaward(s) to provide Program Services (details are provided in the chart below).
☐ Subrecipient will not use Lower Tier Subrecipient(s)/Lower Tier Subaward(s) to provide Program Services.

Lower Tier Subrecipient
Description of Services
to be Performed Legal Name Address Contact Person’s Name and Phone Number

1. 2.

3. If you need to report additional Lower Tier Subrecipients, use this Exhibit T and include page numbers on each completed Exhibit T as follows: Page 1 of X, Page 2 of X, Page 3 of X, etc. (where ‘X’ represents the total number of completed forms).

Page _____ of _____
FY 2023-24

BOARD OF SUPERVISORS
Hilda L. Solis
Holly J. Mitchell
Lindsey P. Horvath
Janice Hahn
Kathryn Barger

EXECUTIVE LEADERSHIP
Dr. Laura Trejo
Director
Lorenza C. Sánchez
Chief Deputy
Jose R. Perez
Administrative Deputy II
Anna Avdalyan
Assistant Director

GET IN TOUCH
510 S. Vermont Avenue
Los Angeles, CA 90020
ad.lacounty.gov
[email protected]
Aging & Adult Information &
Assistance Line:
(800) 510-2020
Report Elder Abuse:
(877) 477-3646
Community & Senior Centers:
(800) 689-8514
Disability Information &
Access Line:
(888) 677-1199
Revised 7/31/2023
June 15, 2023
City of West Covina
Attention: Mr. David Carmany
1444 Garvey South
West Covina, CA 90247
FISCAL YEAR 2023-24 BASELINE FUNDING ALLOCATION

FOR ELDERLY NUTRITION PROGRAM SERVICES
Dear Mr. Carmany:

Los Angeles County Aging and Disabilities Department (County) intends to amend City of West Covina’s (Subrecipient’s) Elderly Nutrition Program (ENP) Subaward. The Subaward Amendment information is outlined below:
• Purpose: Subrecipient shall utilize baseline funding to provide defined and contracted ENP Older Americans Act
(OAA) Title III C-1 Services during Fiscal Year (FY) 2023-

24. • Subaward Number: ENP202111
• Amendment Number: Eleven
• Subaward Term: July 1, 2023 through June 30, 2024
• Total Funding Allocation: $292,000
• Period Funds are available for use (Subject to execution of Amendment): July 1, 2023 through June 30, 2024
• Service Area: Supervisorial District 1
• Funding Source(s) and Service Category(ies) are as follows:

FY 2023-24 Baseline Funding Allocation
Elderly Nutrition Program
City of West Covina

Funding
Source
Service
Category
Unit
Rate
NSIP
Rate
Total Unit
Rate
Allocation
Amount
OAA Title III
C-1
American Meals $7.21 $0.71 $7.92
$292,000 Grab and Go C 1
-1 $7.21 $0.71 $7.92
Ethnic Meals
Subaward Sum Year 4 (SSY4) $292,000
1 Complete one (1) budget and one (1) MPS for each Allocation Amount.

If you have any questions, please contact Irma Panosian of my staff by phone or e-mail as follows: (323)336-5426 or [email protected].

Thank you.

Carol Domingo
Carol Domingo, Program Manager
Contracts Management Division

LOS ANGELES COUNTY AGING & DISABILITIES DEPARTMENT

AREA AGENCY ON AGING

ELDERLY NUTRITION PROGRAMS
APPROVED CATERERS, FY 2023-24
1 Revolution Foods
5743 Smithway Street, Ste 103
Commerce, CA 90040
Contact: Robert Camarena
323-838-5555
Fax: 323-838-5419
Cell: 909-289-8900
Revolutionfoods.com
Frozen Meals
2 Bonne Bouffe Catering
1521 Venice Blvd
Venice, CA 90291
Contact: Erica Moore
310-629-7423
[email protected]
3 Everytable
3305 E. Vernon Avenue
Vernon, CA 90058
Contact: Clare Fox
[email protected]
818-325-5872
4 GA Foods
Main Office:
12200 32 Court North
St. Petersburg, FL 33716
Contact: Kenn LoBianco, Jr.

Cell: 323-207-7803
800-852-2211 ext. 459
[email protected]
5 Hirsh Family Kosher Kitchen
338 N. Fairfax
Los Angeles, CA 90036
Contact: Siri Perlman, RD (JFS)
[email protected]
Hugo Perez, Food Service Manager
[email protected]
323-937-5843 (JFS)
323-937-6560 (Kitchen)
Fax: 323-934-0540
Kosher hot and frozen meals
6 Huntington Culinary, Inc. – On-site caterer at
South El Monte
7071 Warner Ave, Suite F-714
Huntington Beach, CA 92647
On site Address: 1556 Central Ave
South El Monte, CA 91733
Contact: Carroll Klett
[email protected]
714-231-8782
Fax: 928222-9618
American-style meals
7 Langlois Fancy Frozen Foods, Inc.
2975 Laguna Canyon Rd.

Laguna Beach, CA 92651
949-497-1741
Fax: 949-497-4739
8 Project Angel Food
922 Vine Street
Los Angeles, CA 90038
Contact: Don Macaulay
Sr. Director, Operations & Administration
323-845-1800 x222
[email protected]
Alyssa Baldino/[email protected]
John Gordon/Exec Chef 323-845-1800x204
[email protected]
Hot and Frozen Meals
ATTACHMENT NO. 2
LA County AD & AAA
Approved Caterers
FY 2023-24

CNS/RQA/CA, INC. Updated 6/22/2023
9 Rolling Wok Restaurant
1609 South San Gabriel Blvd.

San Gabriel, CA 91776
Contact: Mingling (Tony) Wang
[email protected]
626-435-5223
Fax: 323-464-2399
Chinese-style meals
10 St. Vincent Senior Nutrition Program
2303 Miramar St.

Los Angeles, CA 90057
Contact: Veronica Dover
[email protected]
213-484-7775
Fax: 213-484-7276
American-style meals
Danny Franco: [email protected]
Kathy Sato: [email protected]
Julio Sagustume:
[email protected]
11 Tender Loving Care
544-C Finney Court
Gardena, CA 90248
Contact: Becky Cho
[email protected]
213-434-1113
American and Korean-style meals
12 Trio Community Meals – Azusa On-site
Caterer
Contact: Joel Medina
[email protected]
Contact: Carlos Giese:

[email protected]
Contact: Miguel Gomez
[email protected]
Azusa Senior Center:
740 N. Dalton Ave
Azusa, CA 91702
13 Trio Community Meals – Glendale On-site
Caterer
Glendale Adult Recreation Center:
201 E. Colorado
Glendale, CA 91205
Contact: Trio Community Meals – Long Beach
Contact: Joel Medina
[email protected]

14 Trio Community Meals – Huntington Park
3355 E Gage Ave.

Huntington Park, CA 90255
Contact: Joel Medina
[email protected]
Contact: Jose Vargas
[email protected]
562-218-2813
American-style meals
LA County AD & AAA
Approved Caterers
FY 2023-24

CNS/RQA/CA, INC. Updated 6/22/2023
15 Trio Community Meals - Inglewood On-site
Caterer
111 No. Locust Street
Inglewood. CA 90301
Contact: Hector Ortega
[email protected]
Inglewood Nutrition Director: Bharat (Baz)
Devlia
[email protected]
310-412-4360
American-style meals
16 Trio Community Meals – North Hills Culinary
Center
8329 De Celis Place
North Hills, CA 91343
Contact: Carlos Giese:

[email protected]
818-895-1161
Fax: 818-895-1177
American-style meals
17 Trio Community Meals – Paramount On-site
Caterer
14400 Paramount Blvd.

Paramount, CA 90723
Site: 562-220-2090
Joel Medina
[email protected]
American-style meals

AGENDA ITEM NO. 14

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: September 5, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: APPROVAL OF PURCHASE ORDER FOR FORD FLEET CARE RECOMMENDATION:

It is recommended that the City Council:

Authorize the Acting City Manager to issue a purchase order to Ford Fleet Care utilizing the Sourcewell Cooperative Purchasing Agreement for Fiscal Year 2023-2024.

1. Authorize the Acting City Manager to execute any purchase order change orders within the FY2023-24 budget for Fund 365, Fleet Management.

2. BACKGROUND:

In January of 2017, the City began using Ford Fleet Care, a credit line through Ford Motor Company that can be used at any Ford dealership for parts and service. Because the City fleet consists of mostly Ford vehicles that are still covered under manufacturer's warranty, the vehicles must go to an authorized Ford dealer for repair.

Dealerships that bill through Ford Fleet Care can repair most of the City’s Ford and non-Ford vehicles.

The City Fleet consists of 72 non-Ford Vehicles and 130 Ford Vehicles. Most of the City's Fleet Vehicles are Police and Public Services Department vehicles. The City uses various Ford vendors for City fleet repairs (i.e., Performance Ford of West Covina, Puente Hills Ford and Ken Grody Ford).

DISCUSSION:

The City participates in the various programs offered through the Sourcewell Cooperative Purchasing Agreement with Ford (#101520-FMXC expiring 12/14/2024) that includes the Ford Pro National Parts Discount Program and Ford Fleet Advantage Program that provides the ability to purchase vehicles at the fleet discount rate. The City utilizes Ford Fleet Care to self-manage its fleet of vehicles with monthly single consolidated invoices replacing the multiple repair orders or part invoices, ensuring that all discounts are applied. This service is available for fleets of Ford, Lincoln and Mercury vehicles, as well as non-Ford vehicles and trailers through Ford and Lincoln Dealerships and Quick Lane Tire & Auto Centers throughout the United States and Canada.

The City's Fleet is aging and there are only 48 vehicles that are still under warranty. This fact and the increased costs for parts and labor has significantly increased the cost to the City for basic vehicle maintenance.

The table below shows expenditures for fleet auto repairs through Food Fleet Care:

FY19-20 $195,509
FY20-21 $170,551
FY21-22 $293,603
FY22-23 $405,166
For Fiscal 2023-24, staff is requesting that the City Council approve the purchase order for Ford Fleet Care not to exceed the budget allocation for vehicle repairs. The flexibility of utilizing the proposed cooperative purchasing agreement makes it in the best interest of the City and gives an economic advantage. Additionally, the agreement was competitively awarded using a process that complies with City policies, rules, and regulations.

LEGAL REVIEW:

The City Attorney's Office has reviewed this report.

OPTIONS:

The City Council has the following options:

1.  Adopt staff's recommendation; or

2.  Provide alternative direction.

Prepared by: Renee M. G. Chavez
Fiscal Impact
FISCAL IMPACT:

Funds are budgeted for FY2023-24 under the Fleet Management fund, which is allocated back to departments as used.  No additional appropriation is requested at this time.

Account No. Account Name
FY2023-24
Budget
365.522.61.52.67.00.63.63290 Other Vehicle Sublet
Repairs $502,000.00
Attachments
ATTACHMENT NO. 1 - FORD FLEET AGREEMENT
ATTACHMENT NO. 2. - FORD FLEET CARE BROCHURE
ATTACHMENT NO. 3. - SOURCEWELL COOOPERATIVE AGREEMENT - FORD CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Achieve Fiscal Sustainability and Financial Stability
am+IFMM
4 Garvey Ave. #308
West Covina, CA 91790
Dear Mr. Martinez,
� I FORDFLEETCARE
Ford Motor Company
19855 W. Outer Drive
Suite 500 E
Dearborn, Ml 48124

FORD FLEET CARE ACCOUNT INFORMATION
Fleet Code: 014358/00000
Parts Billing Code: Q000FC14358
Billing Credit Limit: $140,000.00
90 Day 10% Discount Ends April 19, 2018
Congratulations and welcome to the Ford Fleet Care Program. With your enrollment, your company is now eligible to enjoy the benefits of consolidated billing. PLUS your company will receive a 10% discount on parts and services billed within 90 days of program enrollment'. *10% discount will be applied for 90 days from program enrollment on services using Ford and Motorcraft brand parts and billed through Ford Fleet Care. Discount excludes tax. Offer is valid for new account enrollments only. This offer can't be combined with any other Ford Motor Company parts rebate or service discount offer. Offer valid in U.S. only. Void where prohibited. Ford Motor Company reserves the right to modify or cancel this offer without prior notice.

The program allows you the flexibility to visit a participating Ford and Lincoln Dealer or Quicklane Tire & Auto Center nationwide, and have all invoicing pass to you in a convenient monthly bill. In addition, enrollment includes access to a National Glass Program of over 4,000 vendors, as well as Enhanced Roadside Assistance.

Details on all of our available support programs can be found in the enclosed literature as well as on line at www.fleetcare.ford.com.

If you haven't already made arrangements for electronic transactions, you may also want to review the information on our Electronic Billing and the Electronic Funds Transfer payment option. It provides a safe, fast payment method and may reduce per-transaction costs.

The Ford Fleet Care website is available to help you manage your account. Detailed business reports are available for accounts with a Ford Fleet Identification Number (FIN) and secure web single log on (WSL) ID. To review FIN requirements, or to apply, please select contact us at www.fleetcare.ford.com. You can use these reports for tracking and maintaining a history of your vehicle service repairs or parts purchases.

Program terms are outlined in the enclosed Ford Fleet Care Agreement Provisions. Please note service fees are applied to late payments, and disputes need to be submitted in writing within 30 days. Guidelines on disputing billing charges to your account can be viewed on line; please refer to the agreement provisions or to "Billing Disputes - Frequently Asked Questions" at the information tab of the www.fleetcare.ford.com site.

Ford Fleet Care is committed to sustaining your vehicle support needs. If you have any questions you can reach us at Ford Fleet Program Headquarters Monday - Friday, 8:30 am - 5:00 pm EST by dialing 800-367-3221 or by emailing us at [email protected].

Don't delay, start saving 10% today!
Ford Fleet Program Headquarters
FL 70A
08/17/2016
ATTACHMENT NO. 1

Ford Fleet Care Program Agreement
DEFINITION OF FORD MOTOR COMPANY ("FORD") FORD FLEET CARE CONSOLIDATED BILLING AND PARTS PURCHASE PROGRAM. Acceptance into the Ford Fleet Care Consolidated Billing and Parts Purchase Programs is at the sole discretion of Ford. Additional information (such as corporate, vender or state forms) may be required prior to enrollment. Upon acceptance into the Ford Fleet Care Consolidated Billing Program or Ford Fleet Care Parts Purchase Program, Ford will establish a billing account and pay participating Ford or Lincoln dealerships, Quick Lane Tire & Auto Centers or any Ford authorized program service provider in the USA or Ford and Ford-Lincoln dealerships or Quick Lane Tire & Auto Centres in Canada (collectively referred to as "Ford Fleet Care Service Providers") for repair, maintenance service, parts or accessories, Ford Protect Extended Service Plans, Rotunda shop equipment, or Ford Fleet Training purchases on behalf of the approved fleet company ("Fleet Company") in accordance with the Ford Fleet Care Program Agreement provisions set out herein.

ELIGIBILITY AND AGREEMENT PERIOD. Eligibility for the Ford Fleet Care Consolidated Billing Program is in effect from the issue date of the Ford Fleet Care Program acceptance letter, and is valid for the duration of the fleet company's enrollment in the Program. Eligibility for the Ford Fleet Care Parts Purchase Program is in effect from the issue date of the Parts Purchase membership card and is valid for the duration of the Fleet Company's enrollment in the Ford Fleet Care Parts Purchase Program.

Enrollment for both programs is renewed annually with then current provisions, unless notified and agreed to otherwise. Ford Fleet Care billing services may not be used for non- Ford vehicle components and/or operating systems on vehicles not owned, leased and operated by the approved fleet company, including Ford Qualified Vehicle Modifiers.

WHERE TO GO FOR SERVICE OR PARTS PURCHASES. All Ford Fleet Care Service Providers can perform repairs or maintenance services under the terms of the Ford Fleet Care Consolidated Billing Program. Parts may be purchased under the terms of the Ford Fleet Care Parts Purchase Program from all participating Ford or Lincoln dealerships in the USA or Ford and Ford-Lincoln dealerships in Canada. Certain parts or services may not be available for non-Ford vehicles. Motorcraft brand parts and fluids may be available from participating Ford Authorized Distributors.

PROGRAM CREDIT LIMIT AND MAXIMUM AUTHORIZED REPAIR AMOUNT.

Credit Limit: A maximum credit limit will be established for the Fleet Company based on a credit history evaluation and vehicle enrollment. Credit limits may be adjusted (increased/decreased) based on program activity and vehicles enrolled. Services or purchases that exceed the Fleet Company’s credit limit may result in suspension of Ford Fleet Care billing privileges. As a result, additional services or purchases may be denied until payment has been made. Requests for credit limit increase may be sent in writing to Ford Fleet Care Administration at the correspondence address identified below.

Ford Fleet Care Consolidated Billing Program: Should the total cost of repairs exceed the authorized limit, the Ford Fleet Care Service Provider will contact the Fleet Company for authorization, which shall be evidenced by the issuance of a purchase order or approval number, prior to proceeding with the repair. The authorization limit is set by the Fleet Company at the time of enrollment as Repair Prior Approval and generally will not exceed $500.00. The authorization limit may be modified at Ford's sole discretion by submission of a written request to the correspondence address below at a later date. Repairs that are less than the authorization limit are deemed to be authorized repairs. The Fleet Company is responsible for payment of all authorized repairs.

Ford Fleet Care Parts Purchase Program: All parts purchases shall require authorization for purchase from the Fleet Company, which shall be evidenced by the issuance of a purchase order or approval number. The Fleet Company is responsible for payment on all authorized parts purchases.

FORD FLEET CARE NATIONAL PROGRAMS. Ford Fleet Care may offer national programs as part of the Consolidated Billing program, such as Glass and Roadside programs (available only in the U.S.). The Fleet Company is automatically enrolled in Ford Fleet Care national programs as they become available. Services provided under the Ford Fleet Care national programs do not require prior approval from the Fleet Company, even if the charges exceed the established maximum authorized repair amount.

Additional information is available at www.fleetcare.ford.com.

ACCOUNT RESPONSIBILITIES FOR SERVICE AND MAINTENANCE OR PARTS PURCHASES. The Fleet Company is responsible for ensuring that: (1) Tax Exempt information, if applicable, is provided at time of service or purchase. (2) The requested work has been completed or the required part(s) have been received, (3) The repair or purchase order contains the correct name, VIN or account code, odometer reading and repair or purchase date and (4) The repair or purchase order is signed and dated or otherwise documented and a copy is retained for the Fleet Company's records. (5) VIN enrollment is accurate and additions and deletions are required in a timely basis. Failure to do so may result in charges on vehicles no longer owned or operated by the fleet.

STATEMENT OF ACCOUNT, INVOICE AND SUMMARY. Each billing period, Ford will post online or send the Fleet Company a summary and detail of individual charges, an invoice tallying monthly charges and a statement of account that includes billing and payment activity from the previous billing period. Online billing documents are available at www.fleetcare.ford.com. Documents without billing charges are not posted online or sent to the Fleet Company.

FOREIGN EXCHANGE. USA/Canadian currency exchange will be calculated based on the Ford bookkeeping rate at the time of the repair or parts purchase, as the case may be, with no service fees charged.

CHARGES AND FEES. Ford will bill the fleet company for their authorized repairs and services (including Prior Approval repair values) not covered by the New Vehicle Limited Warranty, Ford Protect Extended Service Plan (ESP), or other Ford program, and for parts and products purchased using an assigned Ford Fleet Care billing account number. Approved deviations from the standard services outlined in this agreement may result in additional charges to the Fleet Company's account. Service requests that may cause additional charges may include, but are not limited to: Requests for customized data reports, billing reprint requests, alternative billing services (i.e. EDI, third party billing services) or express mailing of billing documentation. Additionally, approved payment terms extended beyond net thirty days may result in additional charges.

PAYMENT. The Fleet Company shall pay Ford the amount stated on the invoice by the specified due date. At Ford's sole discretion, existing credit on account may be applied to subsequent billing, thereby reducing the amount owed. This will be reflected on the Fleet Company's statement of account, which is provided with the current billing period's invoice. In the event of nonpayment in whole or in part, Ford reserves the right to suspend or cancel Ford Fleet Care billing privileges upon written notice to the Fleet Company. Ford reserves the right to seek payment by any legal means it deems appropriate, including the right to offset against and redirect payments of any amounts otherwise payable to the Fleet Company by Ford (e.g. Competitive Price Allowance (CPA), Government Price Concession (GPC), etc.). Delinquent payment may be reported to national credit bureaus.

LATE PAYMENT FEE. Charges not disputed in writing or not paid in full by the specified invoice due date will be subject to a late fee at the standard rate of 4%, calculated and compounded monthly from the invoice due date until payment is received in full. Disputed charges will be exempt from the monthly service fee provided payment is made within 30 days from the time the dispute is resolved. The Fleet Company will be responsible for late fees incurred on delinquent invoices as a result of a failure to identify vendor approval steps or documentation required to facilitate payment. Additionally, approved payment terms extended beyond net thirty days may incur a late payment fee higher than the standard rate.

DISPUTED CHARGES. The Fleet Company MUST submit in writing inquiries and applicable copies of disputed charges within 30 days of the date of the invoice. Charges not disputed within 30 days of the date of invoice will become the responsibility of the Fleet Company. Disputed charges must include the Fleet Company name and account number, the dollar amount being disputed, and a description of the dispute and any supporting documentation. Submitting disputed invoices immediately may help in avoiding interruption of Ford Fleet Care service. Ford Fleet Care is a billing service only, so Ford will only correct errors made by Ford. Ford shall not be responsible for any misrepresentation of the Ford Fleet Care program and its features by a Ford Fleet Care Service Provider, any claims that work was not actually provided by the Ford Fleet Care Service Provider, or that the Ford Fleet Care Service Provider inaccurately or improperly performed the work. The Fleet Company should contact the Ford Fleet Care Service Provider directly to resolve these types of disputes. Ford makes no warranty or representation regarding the work performed by the Ford Fleet Care Service Providers or the parts and services provided by the Ford Fleet Care Service Providers, except to the extent that any purchased parts or accessories may be subject to an express Ford product warranty.

TO CANCEL FORD FLEET CARE ENROLLMENT. The Fleet company MUST notify Ford's Ford Fleet Care Administration in writing as soon as: (1) An enrolled vehicle is taken out of service, (2) Ford Fleet Care is no longer desired on a vehicle, or, (3) the Consolidated Billing or Parts Purchase account is no longer desired. The request must include the Fleet Company account code and specific VIN information if applicable. The enrollment cancellation process generally takes 10 business days from Ford's receipt of the request. The Fleet Company will be charged and responsible for all repairs performed on vehicles and/or parts purchases until Ford Fleet Care Administration completes the cancellation process. To avoid being charged, the Fleet Company should instruct drivers to refrain from receiving service or purchasing parts through Ford Fleet Care while the enrollment cancellation is in process. Confirmation of enrollment cancellation will be provided to the Fleet Company upon completion.

TERMINATION AND CHANGES TO FORD FLEET CARE PROGRAM AGREEMENT. In addition to any other termination rights specified herein, Ford shall have the right to terminate the Ford Fleet Care Program Agreement with the fleet company at any time, with or without cause, upon providing thirty (30) days prior written notice to the fleet company. Additionally, Ford shall have the right to change the Program Agreement at any time and such changes shall be effective upon Ford providing thirty (30) days prior written notice to the fleet company.

CORRESPONDENCE. Please direct all inquiries to Ford Fleet Care Headquarters as follows:

Phone: (800) 367-3221
Fax:

Email:

Mail:
(313) 390-3555
[email protected]
19855 W. Outer Drive Suite #500
Garrison Place East
Dearborn, MI 48124
PRIVACY STATEMENT. Ford’s full privacy policy is available at www.fleetcare.ford.com for review.

FORD FLEET CARE

FORD FLEET CARE
Attachment No. 2
2 FORD PARTS
Ford Parts provides original equipment design
and fit for your Ford and Lincoln vehicles to
help restore new-vehicle-like performance
and reliability. Plus, all Ford parts are backed
by Ford Motor Company and built with the
engineering expertise from a manufacturer
with more than 100 years of experience.

The name says quality, dependability, and
performance. Motorcraft® parts are designed
specifically for Ford and Lincoln vehicles and
have undergone extensive laboratory and
on-road testing. Our comprehensive product
line is built to maximize the performance of
Ford and Lincoln vehicles.

A trusted relationship just got better.

Omnicraft™ is the newest member of the
Ford family of parts, offering affordable,
reliable parts designed for non-Ford repairs.

With more than a century of parts heritage
to build upon, Omnicraft is a quality choice for
your business. Now available along with Ford
and Motorcraft® parts for one-stop shopping
at your Ford Dealer.

THE FORD FLEET CARE

ADVANTAGE
• Cardless/cashless convenience
• Reduced administration
• Controlled spending limits
• No enrollment fees
• Access to online business reports
• All-make billing solution

CONSOLIDATED BILLING

FOR YOUR SELF-MANAGED FLEET
Learn more. Apply today.

Visit the Ford Fleet Care website at fleetcare.ford.com or scan this code with your smartphone.

Message and data rates apply.

FORD FLEET CARE
Cardless/Cashless Convenience
• No need for drivers to carry a credit
card or cash
• Ford and Lincoln dealers able to verify
vehicle enrollment in program
Reduced Administration and Cost
• Consolidated monthly invoice replaces multiple
repair orders or part purchase invoices
• Ability to make a single payment on behalf of
your entire fleet
• No enrollment or administrative fees
• Access to online business reports
Controlled Spending Limits
• Establish prior approval spending limit
• Ford and Lincoln dealers able to view your
preset spending limit and contact you for
purchase order approval
All-Make Billing Solution
• Ford and Lincoln vehicles
• Non-Ford vehicles and trailers
Additional Vehicle Service Programs*
National glass program
OEM windshield replacement and repair
provided through mobile service with OEM
specifications
Enhanced roadside assistance
Offers services beyond New Vehicle Limited
Warranty and Ford Protect extended service
plan roadside coverages
* Available in the U.S. only. Prior approval is not available.

Ford Fleet Care is a parts and service consolidated billing program, offered without administrative fees, to commercial fleets who choose to self-manage their fleet of vehicles. The program allows you to make a single monthly payment on behalf of your entire fleet for vehicle service and part purchases - helping you reduce administrative time and cost.

The program is available through Ford and Lincoln dealerships and Quick Lane Tire and Auto Centers throughout the United States and Canada.
3 VEHICLE MAINTENANCE AND SERVICE
Consolidated service billing documents provide a summary of your vehicle maintenance and service events in an
easy-to-read format.

Consolidated Invoice
Compiles total amount due for the billing period:
• Replaces multiple dealership invoices
• Helps save processing time
Repair Notification Summary
Summarizes vehicle service events charged during
the billing period:
• Vehicle Identification Number (VIN)
• Fleet unit number (when provided)
• Fleet prior approval code
• Servicing location
• Repair mileage
• Dealership repair order number
Repair Notification
Provides details of individual dealership repair orders in an easy-to-read format that includes:
• Billing location
• Service provider
• Vehicle data, including VIN and your assigned unit number • Description of performed repairs, including parts and labor • Condition code – describes the condition of the replaced part

CONSOLIDATED BILLING OPTIONS
FORD, MOTORCRAFT® AND OMNICRAFT™

PARTS PURCHASES
The Parts Purchase Billing Program extends the same consolidated billing convenience from the dealership’s Service Department to the dealership’s Parts Department. And can be utilized as stand-alone billing or combined with service billing.

Features include:
• A dedicated parts account code and card issued for your convenience • Authorization by your designated company representative • The ability to order parts on fordparts.com and bill to your Ford Fleet Care account
Consolidated Invoice
Compiles total amount due for the billing period:
• Replaces multiple dealership invoices
• Helps save processing time
Purchase Notification Summary
Summarizes parts purchases charged during the billing period and includes:
• Your Ford Fleet Care account code
• Prior approval code
• Purchase location
Purchase Notification
Provides details of individual dealership parts purchase orders in an easy-to-read format that includes:
• Billing location
• Service provider
• Unit price
• Service provider comments
• Part code and quantity purchased
Centralized Billing Program

INVOICE
Invoice No: QSE0700001
Invoice Date: 01-Dec-20XX
Due Date: 01-Jan-20XX

Total Cost: $15,336.38
Total U.S. Sales Tax: $717.78
Total Administration Fee: $ 0.00
Total Amount:

Please call 1-800-367-3221 if balances are not paid in full

ABC FLEET
000000/00000
123 MAIN ST
DEARBORN, MI 48124
Attn: FLEET ADMINISTRATOR
Please Make Check Payable To: Please include Invoice No QSE0700001 on check remittance when submitting payment.

Dept 121801
Quality Fleet Care
PO Box 67000 Payment Term Net 30 Days from Invoice Date.

Detroit, MI 48267-1218 Overdue Invoices will be assessed a 2% Tele: 1-800-367-3221 Late Fee
$16,054.16
Please make check payable to:

Ford Quality Fleet Care
Dept 121801
PO Box 67000
Detroit, MI 48267-1218
Comments: Ordered 10 Rotors
R1 1 Fleet Part Sales Partsale 0 0.00 0.00
2 Rotor Assembly DR374B 10 33.72 337.20
Comments: Ordered 20 Starters
R2 1 Fleet Part Sales Partsale 0 0.00 0.00

2. Starter Assembly E9Tz 12A112A 20 50.60 1,000.00
Comments: Ordered 8 Pads
R3 1 Fleet Part Sales Partsale 0 0.00 0.00

2. PAD XU2Z 2V001AVA 8 55.19 441.52
Comments: Ordered 10 Alternators
R4 1 Fleet Part Sales Partsale 0 0.00 0.00

2. Alternator Assembly F6AZ 10346AARM1 10 251.64 2,516.40 Account Info:

ABC FLEET – 000000/00000
123 MAIN ST
DEARBORN, MI 48124
Attn: FLEET ADMINISTRATOR
Invoice No: QSE0700001-0001
Currency Code: USD
Invoice Date: 01-Dec-20XX
Payment Terms Net 30 Days from Invoice Date
Seller:

Ridge Ford
123 Maple Street
DEARBORN, MI 48121
(800) 367-32218
Participating Business Preferred Network Dealer
Purchase Date: 01-Dec-20XX
Order No: 060762
Approval Number: 785652
Billing Info:

Billing Number: Q000FC0XXX0
Authorized By: James Bond
Plan:

QUALITY FLEET CARE-PARTS PURCHASE

PROGRAM
Line Description Part Code Quantity Unit Price Cost
Admin Fee: $0.00 Tax: $55.30 Total: $4,350.42
$4,295.12
Centralized Billing Program

PURCHASE NOTIFICATION

Centralized Billing Program

INVOICE
Invoice No: QSE0700001
Invoice Date: 01-Dec-20XX
Due Date: 01-Jan-20XX

Total Cost: $15,336.38
Total U.S. Sales Tax: $717.78
Total Administration Fee: $ 0.00
Total Amount:

Please call 1-800-367-3221 if balances are not paid in full

ABC FLEET
000000/00000
123 MAIN ST
DEARBORN, MI 48124
Attn: FLEET ADMINISTRATOR
Please Make Check Payable To: Please include Invoice No QSE0700001 on check remittance when submitting payment.

Dept 121801
Quality Fleet Care
PO Box 67000 Payment Term Net 30 Days from Invoice Date.

Detroit, MI 48267-1218 Overdue Invoices will be assessed a 2% Tele: 1-800-367-3221 Late Fee
$16,054.16

Centralized Billing Program
REPAIR NOTIFICATION Please make check payable to:

Ford Quality Fleet Care
Dept 121801
PO Box 67000
Detroit, MI 48267-1218
Bill To: Services Sold By: Vehicle Data:

ABC FLEET - 000000/00000 Ridge Ford VIN: 1FAFP55XX1W120169 123 MAIN ST 123 Maple Street Unit Number: 12119
DEARBORN, MI 48124 Dearborn, MI 48121 License Plate: XXX123 (313) 321-8468 Driver: Jane Doe
Participating Business Preferred Network Dealer
Attn: Fleet Administrator Plan:

Invoice No: GSM811111-0013 Service: Dealer Service 2007 New Quality Fleet Care Only Prior Approval Limit: $50.00 Repair Date: 05-Nov-2008 Options:

Currency code: USD Repair Miles: 36,810 <None>
Invoice Date: 01-Dec-XX Repair Order No: 073565 Model: 2014 EDGE Payment Terms Net 30 Days from Invoice Date Fleet Approvals: 658569 Expiration Miles: 999,999 Expiration Date: 24-Sep-2018
Line Description Part/Labor Condition Quantity /Time Unit Repair Code Code Price Cost
Comments: REQUESTED AN OIL AND FILTER CHANGE
R1 1 Filter Asy – Oil FL 400S 82 Misc. (spec. claims) 1 3.98 3.98 2 Oil – Engine XO5W20QSP 5 2.55 12.75
3 Labor 0 0.00 15.00
Comments: REQUESTED A TIRE ROTATION
R2 1 Tire TIRE 82 Misc. (spec. claims
2 Labor 0 0.00 14.95
Comments: REQUESTED THE AIR FILTER TO BE CHANGED
R3 1 9601 82 Misc (spec. claims) 0 0.00 0.00
2 Element Asy – Air Cleaner FA 1683 1 7.62 7.62
3 Labor 0 0.00 10.00

$ 64.30
Please refer to Invoice GSF500578-0012 for additional repair detail Admin Fee: $0.00 Tax: $3.86 Total: $ 68.16

Centralized Billing Program

REPAIR NOTIFICATION SUMMARY
Bill To:

ABC FLEET - 000000/00000 Attached Invoice No: GSM811111 123 MAIN ST Attached Invoice Date: 01-DEC-20XX
DEARBORN, MI 48124
Payment Term Net 30 Days from Invoice Date.

Overdue invoices will be assessed a 2%
Attn: FLEET ADMINISTRATOR Late Fee

Unit VIN Fleet Approval Services Repair Repair Repair Repair Total Admin Total No Sold by Mileage Date Order Cost Tax Fee

0001 12345 1FAFP53XX5F233919 WEST FORD 17390 05-Apr-XX 051756 0.00 0.00 0.00 0.00 0002 12345 1FAFP53XX5F233919 WEST FORD 17055 02-Apr-XX 053283 0.00 0.00 0.00 0.00 0003 13579 1FAFP40XX1F234066 ELM FORD 20879 02-Mar-XX 151195 0.00 0.00 0.00 0.00 0004 24680 1FAFP40XX1F235816 STATE FORD 34522 12-Feb-XX 040161 23.95 1.44 0.00 25.39 0005 15935 1FAFP40XX1F235200 632598 Stebbins Ford 14046 21-Apr-XX 017513 56.26 3.38 0.00 59.64 0006 78693 1FALP40XX1F233914 389562 MAC FORD 19951 29-Apr-XX 087734 1573.88 94.44 0.00 1668.32 0008 25365 1FAFP40XX1F234142 RIVER FORD 23973 11-Apr-XX 364142 0.00 0.00 0.00 0.00 0008 85742 1FAFP40XX1F239850 446112 BLUE FORD 19787 08-Apr-XX 351665 1235.88 74.16 0.00 1310.04 0009 52896 1FAFP40XX1F235753 458236 John Mass Ford 19938 29-Apr-XX 133581 106.92 6.42 0.00 113.34 0010 63956 1FAFP40XX1F234031 Jack Smith Ford 20472 04-Apr-XX 146358 40.90 2.46 0.00 43.36 0011 10959 1FAFP40XX1F234093 568742 CASS FORD 22867 26-Apr-XX 008531 57.69 3.47 0.00 61.16 0012 11052 1FAFP40XX1F235681 897568 PEAR FORD INC. 29780 04-Apr-XX 236780 225.94 13.46 0.00 239.40 0013 12119 1FAFP55XX1W120169 658569 Ridge Ford 36810 05-Apr-XX 083565 64.30 3.86 0.00 68.16 $3,385.72 $203.09 $0.00 $3,588.81
Attached Invoice No: QSE0700001
Attached Invoice Date: 01-DEC-20XX
Payment Terms Net 30 Days from Invoice Date
Overdue Invoices will be assessed a 2%
Late Fee
0001 785652 Ridge Ford 01-Dec-XX 060762 4,295.12 55.30 0.00 4,350.42 0002 459697 Ford 567 26-Dec-XX 963201 10,520.63 631.24 0.00 11,151.87 0003 393939 LM Dealer 27-Dec-XX 632598 520.63 31.24 0.00 551.87

To:

ABC FLEET – 000000/00000
123 MAIN ST
DEARBORN, MI 48124
Attn: FLEET ADMINISTRATOR
Fleet Seller Purchase Order Cost Tax Admin Total
Approval Date # Fee

$ 15,336.38 $ 717.78 $0 .00 $16,054.16
Centralized Billing Program

PURCHASE NOTIFICATION SUMMARY
4 5

FORD FLEET CARE
FLEETCARE.FORD.COM
• Apply for Ford Fleet Care Program
• Access MyFleetCare
management tool
• Download billing documents
• Access online billing reports
• Manage actively enrolled vehicles
MyFleetCare Management Tool*
View and manage account information in
one convenient location.
• View current account balance
• Edit account information
• Manage actively enrolled vehicles
• Review invoices and pending purchases
• Enroll for additional Ford Fleet Care programs
Online Reports*
Online business reports are available to fleets with
an active Ford FIN code at no additional cost.
• Fleet Business Report
• Maintenance Report
• Vehicle Repair Analysis Report
• Parts Purchase Report
* Requires Fleet Identification Number (FIN). For information on obtaining a FIN, visit fleet.ford.com To register for Ford Fleet Care Online Reporting, visit fleetcare.ford.com or contact Ford Fleet Care at 1-800-367-3221.

ONLINE ACCOUNT MANAGEMENT
Locate a Ford or Ford-Lincoln dealership near you
To locate any Ford or Lincoln dealership, visit fleet.ford.com and select Locate a Dealer.

Commercial Vehicle Center
To locate a commercially-minded dealer near you, visit fordcommercialvehiclecenter.com. • More than 650 locations nationwide
• Certified commercial vehicle experts
in sales, finance, parts and service
• Priority service and support for
commercial customers
• Parts in stock/expedited shipping
• Upfitter expertise and assistance
• Commercial finance and lease alternatives
• Extended service hours
• Rental and loaner services available
• Oil change and essential maintenance
• Brake inspections and repairs
• Alignments
• Shocks and struts
• Air conditioning services
• Belts and hoses
• Wiper blades
• Alternators
• Suspension and steering
• Name-brand tires
• Safety inspections
• Battery test and replacement
• Minor engine tune-ups
• Vehicle Check-Up (VCU) report
• Lamps and bulbs
• Cooling system maintenance
• Transmission service
Quick Lane Tire & Auto Center
To locate the nearest Quick Lane Tire & Auto Center visit quicklane.com.

Quick Lane Tire & Auto Centers perform scheduled maintenance and light repair work on all makes and models using Motorcraft® and other quality parts at competitive prices.

SERVICE DESIGNED FOR YOUR FLEET
THE RIGHT PEOPLE …
THE RIGHT TOOLS …
• Factory-trained technicians
• Extended hours
• Priority service and support for
commercial customers
• Honor Ford Protect Plans
• Participate in Ford Fleet Care
consolidated billing programs

COMMERCIAL

VEHICLE CENTER
6 7
FordParts.com

ORDER YOUR

PARTS ONLINE
• Create an account
• Order Ford, Motorcraft,®
Omnicraft™ parts and
Ford accessories
• Search for part by part number,
vehicle model or VIN
• Find a local dealer
• Reach out to our experts with
live chat supports
Limited labor costs.

See seller for limited
warranty details.

Limited labor costs. See
seller for limited warranty
details. Motorcraft® is a
registered trademark
of Ford Motor Company.

See your Ford or Lincoln dealership or Ford
Authorized Distributor for 2-year/unlimited
miles Service Part Warranty information
with no commercial exceptions.

FIND IT. BUY IT. AND GET BACK TO WORK.
524074_1b 9/19
FCS-35541-19 To order additional copies, please call 1-800-367-3221 or order online at fleetcare.ford.com fleetcare.ford.com
Ford Fleet Care Program Headquarters
1-800-367-3221
For more information:

Phone
Ford Fleet Care Roadside Assistance (United States): 1-800-367-3221 #1 Ford Fleet Care National Glass Program (United States): 1-800-367-3221 #2 Ford Business Assistance Center: 1-800-34-Fleet (1-800-343-5338) Ford Protect Extended Service Plans: 1-800-521-4144
Ford Powertrain Hotline: 1-800-392-7946
Owner Guides/Shop Manuals Order Department: 1-800-782-4356 Online
Ford Fleet: fleet.ford.com
Ford Parts: fordparts.com
Ford Protect Extended Service Plans: fordprotect.ford.com Ford Commercial Vehicle Center Dealer Directory: fordcommercialvehiclecenter.com Quick Lane® Tire & Auto Center: quicklane.com

FORD FLEET CARE