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City Council Committees - Operations and Public Safety Committee - 09/06/2022 (2)
Operations and Public Safety Committee Tuesday, September 6, 2022 4:00 PM Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 815 2557 5867, Passcode: 667190 Chair Bill Boyce Councilmember Brenda Fincher Councilmember Satwinder Kaur Councilmember Marli Larimer Councilmember Zandria Michaud Councilmember Les Thomas Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 3. Agenda Approval Chair 4. Business Chair A. Approval of Minutes Approval of August 16, 2022 Minutes YES Chair 01 MIN. B. Payment of Bills - Authorize YES Paula Painter 01 MIN. C. Grant Agreement with Washington State Administrative Office of the Court for Kent Community Court - Authorize YES Margaret Yetter 10 MIN. D. Grant Agreement with Washington State Administrative Office of the Courts for Reimbursement of Costs Associated with State v. Blake - Authorize YES Margaret Yetter 10 MIN. E. Additional Purchases - Anaconda Networks, Inc Equipment and Hardware YES Galen Hirschi 10 MIN. Operations and Public Safety Committee CC Ops and PS Regular Meeting September 6, 2022 Purchase, Software License and Maintenance Agreement - Authorize F. 2022-2023 Walker and Roller Safety Grant Project for Pacific Highway South Grant Agreement - Authorize YES Sara Wood 05 MIN. G. Agreement with Axon – Extension of Contract and Records Management - Authorize YES Assistant Chief Hemmen 10 MIN. H. INFO ONLY: July 2022 Financial Report NO Michelle Ferguson 10 MIN. 5. Adjournment Chair The public may submit written public comments that relate to a committee agenda item by emailing: cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. Af ter 3:30 p.m., written public comments may only be submitted in person by presenting them to the committee secretary at the public meeting. Written public comments that do not relate to a committee agenda item are not permitted. Written public comments are not read into the record. Unless otherwise noted, the Operations and Public Safety Committee meets at 4 p.m. on the first and third Tuesday of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent, WA 98032 For additional information please contact Kim Komoto at 253-856-5728, or email Kkomoto@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253 -856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Page 1 of 8 Pending Approval Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes August 16, 2022 Date: August 16, 2022 Time: 4:00 p.m. Place: Chambers Members: Bill Boyce, Chair Brenda Fincher, Councilmember Satwinder Kaur, Councilmember Marli Larimer, Councilmember Zandria Michaud, Councilmember Les Thomas, Councilmember Toni Troutner Councilmember Agenda: 1. Call to Order 4:00 p.m. Council President Boyce called the meeting to order. 2. Roll Call Attendee Name Title Status Arrived Bill Boyce Chair Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Toni Troutner Councilmember Present 3. Agenda Approval 1. I move to approve the agenda as presented. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner 4. Business A. Approval of Minutes Approval of Minutes dated August 2, 2022 MOTION: Move to approve the Minutes dated August 2, 2022 Packet Pg. 3 Minutes Acceptance: Minutes of Aug 16, 2022 4:00 PM (Approval of Minutes) Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes August 16, 2022 Kent, Washington Page 2 of 8 RESULT: APPROVED [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner B. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills. RESULT: MOTION PASSES [UNANIMOUS] Next: 9/6/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner C. Consolidating Budget Adjustment Ordinance for Adjustments between April 1, 2022 and June 30, 2022 - Adopt Michelle Ferguson, Budget and Finance Manager, provided details on the consolidating budget adjustments between April 1, 2022 and June 30, 2022. Ferguson detailed adjustments totaling $11,159,990 that were previously approved by Council and adjustments totaling $5,303,779 that have not been previously approved by Council. MOTION: I move to adopt Ordinance No. 4439, consolidating budget adjustments made between April 1, 2022 and June 30, 2022, reflecting an overall budget increase of $16,463,769. RESULT: MOTION PASSES [UNANIMOUS] Next: 9/6/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner D. Redesignate Remaining ARPA Flex Fund Allocation for Commercial Affordability Projects: City Allocation - Authorize Chief Economic Development Officer, Bill Ellis provided information on the request to redesignate remaining ARPA Flex Funds for Commercial Affordability Projects. • Working Washington Grant - 5 Underway • More Hospitality Focused Grants - approximately $100 million • More state business Disaster Relief Grants • SSBCI (State Small Business Credit Initiative; $10 billion nationally from US Treasury-will enable more states to partner to CDFI for lending • Plus the Small Business Credit Recovery • FlexFund: Approximately half funding committed • In works: FlexFund 2.0… Packet Pg. 4 Minutes Acceptance: Minutes of Aug 16, 2022 4:00 PM (Approval of Minutes) Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes August 16, 2022 Kent, Washington Page 3 of 8 Ellis recommended shifting remaining funds allotted to FlexFund to same policy objective of BIPOC business: • Council committed $2.75 million to FlexFund in Mid-biennium Budget before US Treasury Final Rule or other programs known--$1.65 million set aside for Kent businesses in FlexFund program • $1.1 million remaining for “FlexFund” contributions; Council may choose to condition spending for more general CDFI partnerships that are more place- based, but remain aimed at BIPOC business assistance (staff recommends) • Given state’s Small Business Innovation Fund’s (too) Tight Timelines, City ARPA funding could Sustain, Lengthen, and Leverage Proposals for Kent • Review a shortlist of projects that address Commercial Affordability topics, currently unfunded in Kent, but CDFIs and cities looking at the SBFI funding Ellis aadvised of the new State (one-time, maybe) program: Small Business Innovation Fund • Legislature Proviso on state’s federal ARPA Funds • $34.5 million to ‘innovative projects’ for BIPOC business supports (not direct to businesses) • 1/3rd reserved for applications in King County; minimum request is $500,000 and maximum request is $5,000,000 • Application opened August 2nd, Closes September 2nd. All monies must be spent June, 2023. Ellis talked about the Regional ADO Project: Community Business Connections and Endeavor Northwest and the Kent Valley Food Entrepreneur Center • Entrepreneur scaling facilities are fundamentally a project reflecting un- affordability of commercial kitchen production spaces • Policy goals of building intergenerational wealth and supporting more diverse company ownership on business models that have scale potential (business accelerator as compared to incubator) • Business Impact Northwest, the CDFI providing much of the programming, technical assistance, and lending to Endeavor NW wishes to directly invest its capital into this kind of facility, and are in local non-profit partnership discussions with Living Well Kent and Fare Start (among many others) we’re helping to facilitate • Likely to make an application on behalf of a collaborative body Ellis talked about commercial affordability and commercial displacement, tenanting space and upfront costs. MOTION: I move to authorize the redesignation of the remaining FlexFund American Rescue Plan Act allocation in the amount of $1.1 million for commercial affordability projects and work with Community Development Financial Institution partners to support Packet Pg. 5 Minutes Acceptance: Minutes of Aug 16, 2022 4:00 PM (Approval of Minutes) Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes August 16, 2022 Kent, Washington Page 4 of 8 Black, Indigenous, and people of color businesses and developers in Kent. RESULT: MOTION PASSES [UNANIMOUS] Next: 9/6/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner E. ARPA Grant Recipient Agreement with Project Feast - Authorize Chief Economic Development Officer, Bill Ellis provided a recap of the request to contract with Project Feast. Project Feast is a non-profit organization that operates Café Ubuntu, a teaching kitchen and restaurant in Kent’s historic downtown for refugees and immigrants. The restaurant lies within a federal-qualified census tract that is known to be disproportionately impacted by the Coronavirus. Project Feast focuses on the non-profit’s recovery of direct customer training experiences. Project Feast was ineligible for nearly all previous rounds of federal pandemic assistance (Economic Injury Disaster Loans, Paycheck Protection Program, etc.). However, the number of refugees they serve in our community is anticipated to grow in the next two years. An award of American Rescue Plan Act (ARPA) grant funds to Project Feast would allow them to expand programming and offset impacts suffered by their organization over the previous two years due to Coronavirus induced restrictions. Ellis responded to councilmembers’ questions about funding Project Feast. MOTION: I move to authorize the Mayor sign an ARPA Grant Agreement with Project Feast, in an amount not to exceed $160,836, subject to final terms acceptable to the Economic and Community Development Director and City Attorney. RESULT: MOTION PASSES [UNANIMOUS] Next: 8/16/2022 7:00 PM MOVER: Marli Larimer, Toni Troutner AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner F. Ordinance Restricting the Sale of Aerosol Paint Containers - Adopt Mayor Ralph provided background information on items F, G and H, including talking about the most common complaints received by residents relating to crime and the frustration with the lack of the City’s ability to do anything to combat crime. Mayor Ralph advised these ordinances will provide the Police Department and the Court tools to help avoid crime and hold individuals accountable. Tammy White, Acting City Attorney provided an overview of the Ordinance Packet Pg. 6 Minutes Acceptance: Minutes of Aug 16, 2022 4:00 PM (Approval of Minutes) Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes August 16, 2022 Kent, Washington Page 5 of 8 restricting the sale of spray paint and advised the purpose is to address graffiti. This ordinance will restrict the sale to minors under the age of 18, and will require businesses to restrict public access to aerosol paint containers. Councilmember Boyce expressed a desire to increase the age to 21. Councilmembers Michaud, Kaur, Troutner, Thomas and Fincher desired to keep the age at 18 and Boyce and Larimer expressed a desire to increase the age to 21. No change was made to the age limit of 18 in the draft ordinance. MOTION: I move to approve Ordinance No. 4440, that amends Chapter 9.02 of the Kent City Code to make housekeeping revisions to KCC 9.02.660 related to the crime of possessing graffiti tools and to enact new code sections that restrict public access to aerosol paint containers and prohibit sales of those paint containers to minors. RESULT: MOTION PASSES [UNANIMOUS] Next: 9/6/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner G. Ordinance Prohibiting Solicitation of Occupants of Vehicles - Adopt Tammy White, Acting City Attorney, provided an overview of the ordinance prohibiting the solicitation of occupants in vehicles. The City has a fundamental interest in maintaining traffic flow and safety, and pedestrian solicitation from vehicle occupants disrupts traffic flow, poses public safety risks, and has harmful secondary effects. Motor vehicle drivers approached by pedestrians may become distracted, may stop suddenly, or may linger at traffic control devices thereby posing a significant risk of physical injury to themselves, other motorists, and pedestrians. The distraction of motorists occasioned by solicitation not only threatens to impede the orderly flow of traffic, but also raises serious concerns of traffic and public safety. The proposed ordinance would make it unlawful for any person to enter or remain on an arterial roadway or a median in the city with the intent to conduct a solicitation directed to, or intended to, attract the attention of the occupant of any vehicle traveling on or stopped on the arterial roadway. Violation of the prohibition would be punishable as a misdemeanor. MOTION: I move to approve Ordinance No. 4441 adding Section 9.02.645 to the Kent City Code that prohibits any person from entering or remaining on an arterial roadway or median with the intent to conduct a solicitation of the occupant of any vehicle Packet Pg. 7 Minutes Acceptance: Minutes of Aug 16, 2022 4:00 PM (Approval of Minutes) Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes August 16, 2022 Kent, Washington Page 6 of 8 traveling on or stopped on the arterial roadway. RESULT: MOTION PASSES [UNANIMOUS] Next: 9/6/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner H. Ordinance Prohibiting the Unlawful Use of Dangerous Drugs in Public Places - Adopt Tammy White, Acting City Attorney, provided an overview of the ordinance prohibiting the use of dangerous drugs in public places or public view. White talked about the challenge of arresting or citing someone for unlawful possession of a controlled substance until the offender has twice before been “diverted” to voluntary social services. As a result, while it is a crime to knowingly possess a controlled substance, law enforcement is prohibited from arresting a person who violates that law. While the use of cannabis or alcohol, both legal substances, is prohibited in public, there is no comparable state law that prohibits the public use of controlled substances, like methamphetamine, heroin, and fentanyl. This ordinance revises the existing use prohibition to narrow its scope to directly address use of controlled substances in a public place or in view of the general public, or the deposit of controlled substances on the ground or in any body of water. Kent Municipal Court Judge Michael Frans spoke about the City of Kent Community Court Program. The goal of the program is to assist individuals struggling with poverty, mental health and severe addiction, and to get them connected with resources to address those core issues and put them in a better position once the leave the court and help them reduce the chance of re-offense. The Court connects resource providers with individuals and form a plan to address core issues. The Court recently obtained funding from the Administration of Courts. The Court is working with the Reach program and are planning to add a part time social worker/case manager. MOTION: I move to adopt Ordinance No. 4442, amending Chapter 9.12 of the Kent City Code related to dangerous drugs to prohibit the use of those drugs in public places, and to repeal or revise other code sections to ensure consistency with the state Uniform Controlled Packet Pg. 8 Minutes Acceptance: Minutes of Aug 16, 2022 4:00 PM (Approval of Minutes) Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes August 16, 2022 Kent, Washington Page 7 of 8 Substances Act. RESULT: MOTION PASSES [UNANIMOUS] Next: 9/6/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner I. INFO ONLY: Priority Prosecution Program Michele Walker, Chief Prosecuting Attorney, talked about the new Priority Prosecution Program. The Program’s goals are to hold the most impactful offenders appropriately accountable for their continued criminal behavior, to increase and improve the Law Department’s communication with crime victims and witnesses, and to reduce chronic offenders from reoffending in Kent. Recent legislation significantly changes how police are able to investigate which in turn, hampers the ability to prosecute. Walker discussed the challenges with reviewing and prosecuting crimes as is relates to the staffing levels in the Prosecutor’s Office and the growing number of crimes. Walker provided details on the amount of time dedicated to just reviewing body worn camera video as it relates to reviewing cases: May 10,540 min of BWC June 9,251 min of BWC July 9,448 min of BWC Walker talked about the screening process to limit the number of defendents in the program: · Review the nature of allegations · Review defendant’s criminal history · Collaborate with the Police Department to identify cases and defendants appropriate for program. · Identify those that may have underlying issues · Give defendants the opportunity to engage in treatment This program will include bail and sentencing recommendation/guidelines - guidelines will provide for a level of consistency. Dealing with impactful defendants, it is likely cases will result in lengthier jail sentences, but there will still be an option for rehabilitative services. The program will utilize resources already readily available - Community Court. Packet Pg. 9 Minutes Acceptance: Minutes of Aug 16, 2022 4:00 PM (Approval of Minutes) Operations and Public Safety Committee CC Ops and PS Regular Meeting Minutes August 16, 2022 Kent, Washington Page 8 of 8 The Prosecutor’s Office will work with the Police Department to cut down the time it takes to arrest defendants when they have outstanding warrants. Staff will focus on communications with crime victims and witnesses and will incorporate contact with individuals throughout the process. Limitations that will affect the program include, the number of community resources, funding, and staffing levels in the Prosecutor’s Office. Walker advised she will return to the Council to provide details on the final plan. 5. Adjournment 5:38 p.m. Kimberley Komoto Committee Secretary Packet Pg. 10 Minutes Acceptance: Minutes of Aug 16, 2022 4:00 PM (Approval of Minutes) FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South Kent, WA 98032 253-856-5264 DATE: September 6, 2022 TO: Operations and Public Safety Committee SUBJECT: Payment of Bills - Authorize MOTION: I move to authorize the payment of bills. SUMMARY: BUDGET IMPACT: 4.B Packet Pg. 11 MUNICIPAL COURT Margaret Yetter, Court Administrator 1220 Central Avenue South Kent, WA 98032 253-856-5730 DATE: September 6, 2022 TO: Operations and Public Safety Committee SUBJECT: Grant Agreement with Washington State Administrative Office of the Court for Kent Community Court - Authorize MOTION: I move to authorize the Municipal Court Administrator to sign a grant agreement with the Washington State Administrative Office of the Courts in the amount of $125,000 to benefit Kent Community Court, to amend the City budget accordingly, and to authorize expenditure of the funds consistent with the terms of the grant agreement. SUMMARY: Kent Municipal Court has a Community Court Program that has operated since October 2019 without any additional funding or staff. We applied for and received a grant from Washington State’s Administrative Office of the Courts (AOC) to enhance community court programs. The grant from AOC is $125,000, it requires no match, and the grant funds will be used to hire a part-time case manager/social worker, to fund treatment components for defendants (evaluations, treatment costs and treatment monitoring), and additional costs incurred, including transportation, meals, water, and snacks for participants. The funding is available through June 30, 2023. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Washington Administrative Office of the Courts Applilcation for Grant Funding - Therapeutic Courts and Community Justice Counselors (PDF) 2. Therapeutic_Court_Grant_GRT23007_Kent Municipal Court (PDF) 4.C Packet Pg. 12 WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction The ZO22 Supplemental Budget includes funds to be awarded to courts for the following purposes: I. For the creation of new therapeutic courts or the expansion of services being provided to an existing therapeutic court. Funding may not supplant existing funds utilized for this purpose' ($4,900,000 total available statewide); 2. Support community justice counselors and community coordinators that work with municipal and district court drug and therapeutic court programs, Community justice counselors are responsible for working with court participants to ensure connection to community services and existing resources to support completion of court requirements. Funding may also be used for additional supports for participants, including bus passes and othertransportation assistance, basic cell phones and phone cards, and translation services. (S2,459,000 total available statewide); please contact Stephanie Oyler, Court Association Coordinator, with questions [or to email your completed application along with supporting documentation] at stephanie.ovler@courts.wa.gov or 360-890-0901. Your application must be signed/dated by the presiding Judge and Court Administrator. The final deadline for applications is 5:00 pM June 17,2022. Applications will be reviewed and monies awarded by July 8,2022. t. Name and Title of Applicant: Michael Frans, Presiding Judge 2. Jurisdiction: Kent Municipal Court (KMC) 3. Phone number and email: 253-856-5735 4. Are you applying for (check all that apply): X Funding for TheraPeutic Courts s 125,ooo X Funding for Community Justice Counselors s TOTAL s125,000 Have you applied in the past? lf yes, please specify if you would like your prior application considered. lf so, please state that clearly, leave the remainder of the form blank, and complete the signature box at the end. yes, KMC applied for the prior grant opportunity to expand its community court program' This application is modified as we are also including funds for subsidizing treatment related costs. We believe the funding qualifies for both funding options listed above. Has your court or city already received funds to support the activities for which you're requesting these state funds (this includes other grants, CARES funding or any other COVID relief funding: X No I Yes 5a. lf yes, please describe including dollar amounts: Our court has no other sources of funding or grants for the community court. Our court does have NHTSA/Washington Traffic Safety grant for its long-established DUI Court. 5 6. 4.C.a Packet Pg. 13 Attachment: Washington Administrative Office of the Courts Applilcation for Grant Funding - Therapeutic Courts and Community Justice WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction 7 From the following three options, please select the category that best represents your court's current position Please select onlY one n My court does not have an existing therapeutic court program or any community justice counselors' X My court has an existing therapeutic court program that it would like to expand, or would like to hire additional community justice counselors. n My court has an existing therapeutic court program and we need additional funding to maintain it' g. please describe your court's proposed program or your court's need for community justice counselors, including your planned start date and target population. lf you have an existing program, please describe your program and how your program will expand with this grant funding. Kent Municipal Court has a Community Court Program that has operated since october 2019 without any funding. Conservatively speaking, over one third of our case load is directly related to issues stemming from poverty, mental health, and severe addiction-most often a combination of all three. Our program brings applicable providers together on one calendar to meet with participants and develop individual plans for each participant. The goal is to assist participants in addressing core issues not only to reduce recidivism but to hopefully see participants leaving the courl in a better position than when they came in' We identify participants that would benefit from direct connection to resources and then place them on the calendar regardless of case posture. placement on our Community Court calendar is not outcome dependent, there is no opt-in process, the only criteria is need. We have the providers, resources, calendar space, participants that need this program, and the compassion and will as a court. what we are missing is a case manager to assist in follow up, tracking, and connection to our resources outside the Community Court calendar. The purpose of the grant request is to provide a part time case manager/social worker for our Community court-it is the missing link in our program. our ability to provide greater services and reach more persons in need will be greaily advanced with the addition of a case manager/social worker. Having a case manager will allow our court to improve and expand its ability to identify individuals in our court with substance use disorders or other behavioral health needs, and engage those individuals with community-based therapeutic interventions, including co-occurring disorders and homelessness intervention services. 9. Briefly explain how your court's program does or will comply with evidence-based best practices if chosen to receive grant funding. The case manager and the court will utilize treatment and other recommendations to craft specific plans for defendants to address the underlying issues, utilizing the best practices standards based on evidence and research criteria as provided by the participating programs. Compliance with individual program 4.C.a Packet Pg. 14 Attachment: Washington Administrative Office of the Courts Applilcation for Grant Funding - Therapeutic Courts and Community Justice WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction standards and practices will ensure stability for the defendants and reduce the rates of re-entry to the criminal justice process. The evidence-based approach shall include early identification and assessment of needs using established treatment and mental health evaluation techniques administered by our partner professionals in the program. while some participants may be ordered to attend Community Court as part of their pre{rial process to alleviate socio-economic factors contributing to justice involvement, the court is open to all persons with demonstrated need and an open case with KMc. The court and the providers will maintain data on the impact of the Community Court, its participants, and the effects of Community Court intervention on the participants. The Court will also periodically review its data and modify the approach as needed based on the data. Receiving funding for a dedicated case manager will allow the community court program to track and maintain data and coordinate services to improve client support and outcomes. 10. Briefly explain how your court's program does or will address racial inequities and increase access to the courts' A primary purpose of the Community court is to address the unequal access to services and inequalities that perpetuate or exacerbate participants health and housing and result in increased interaction with criminal justice. By providing direct access in Community court to the services typically unavailable to the participants, the court will be able to closely monitor participants and identify any additional equitable access issues. Also, Kent is one of the most diverse jurisdictions in the State of Washington and in the country. Recent studies place Kent in the top 10 most diverse communities in the country for its population size. Providing these services in our Community Court will have the greatest effect on communities of color and other financially and socially disadvantaged communities' KMC maintains eligibility requirements for participation in Community Court so as to address public safety while also considering the availability of appropriate treatment and each individual candidate's individual circumstances. persons who have historically experienced sustained discrimination or reduced social opportunities because of their race, ethnicity, gender, sexual orientation, sexual identity, physical or mental disability, religion, or socioeconomic status receive the same opportunities as other individuals to participate and succeed in the Community Court. The court will endeavor to follow principles of procedural fairness to ensure that persons involved with the community court are treated in a fair manner' lf an eligibility requirement has the unintended consequence of differentially restricting access for members of a group that has historically experienced discrimination, the requirement will be adjusted to increase the representation of such persons unless doing so would jeopardize public safety or the effectiveness of the community Court' 4.C.a Packet Pg. 15 Attachment: Washington Administrative Office of the Courts Applilcation for Grant Funding - Therapeutic Courts and Community Justice WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction 11. Briefly explain how your court collaborates with other courts and community partners to address substance use disorder and the behavioral health needs of defendants. Kim powers, of the REACH program, has really been the quarterback of our resource team. They work with individuals while in-custody to create a release plan and connect individuals to resources' Catholic Community Services has worked closely with Kim Powers in individual plan development. Peer Kent, specializes in connecting participants to resources outside the Community Court resource team' Multi Care Services (MCS), represented by Linda Felton and more recently Sonia Van Hee, are mobile housing assessors and assist participants with housing needs. We had representatives from SeaMar, Pioneer Human Services and Sound Mental Health appearing regularly on the calendar, Physical in-court participation from these providers has declined since the pandemic due to turnover, but we are still connecting participants to these providers. Valley Cities is now a community partner as is Asian Counseling Referral Services. Union Gospel Mission has reached out and we expect greater involvement with them in the near future' Christie Mitchell from King County also has a huge impact on our program. The lmplementation of a paid case manager would allow the program to serve more participants and would reduce costs and time for community partners. lt would also benefit the coordination of multiple provider-partners. Coordination would also reduce the number of defendant participants who fail to follow up with providers due to lack of active case management and would help ensure participants make it to the calendar and/or connect to resources off calendar. l-2. provide a justification statement, including priority of costs for potential funding. Most of the funding request is for a parttime contracted case managerisocial worker, treatment components (evaluations, treatment costs and treatment monitoring), and some additional funds for transportation, meals, water, and snacks for participants. The hope is that the ability to fund evaluations when needed will lead to more timely treatment connections. As stated above, the case manager/social worker is essential for operating the program at optimum levels and providing participants with the ability to utilize services. For the reasons detailed above, a case manager/social worker would take our program to the next level and would allow us to help more people more effectively with less loss of opportunity. we have taken the program this far with zero funding; we are doing our best with what we have to meet the enormous need that exists in this community, but we can do so much more. The requested funding will have an immediate impact on the level of care and assistance we are able to provide to those in this community that need it most. 4.C.a Packet Pg. 16 Attachment: Washington Administrative Office of the Courts Applilcation for Grant Funding - Therapeutic Courts and Community Justice WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction community court programs require intensive collaboration amongst court operations and community resource providers. ln addition, ongoing communication with our participants is paramount to help ensure the success of the program. ln order to support this important work, we are requesting funding for a Community Court Case Manager. The Case Manager would be responsible for the following: . ldentify and coordinate with social service agencies, building and maintaining strong relationships.. Perform Risk/Needs Assessments for community court participants. . Manage intake screening services and maintain contact through the entire process. . coordinate entry of participants into various treatment facilities and/or substance abuse programs.. Track and report on community court participants, maintaining complete case files. . Connect court participants with community service opportunities. . Facilitate and organize on-site group sessions and programs' . Attend Community Court sessions and provide support to all participants. ln addition to the funding request for a case Manager, we are requesting s65,000 for 'uncompensated costs,. Uncompensated expenses can serve as a barrier for our Community Court participants' Examples of uncompensated costs are: , SUD assessments for those without insurance and without the ability to pay. Many of the immigrant participants in our program are ineligible for state health insurance and lack the resources to pay for assessments. SUD assessments range from 5to0-$250, depending on agency and nature of assessment' , Hotel Vouchers for those who do not qualify for emergency housing andlor shelter programs. Cost S75-$150/night . Gas vouchers for those who use their own vehicles to attend court ordered appointments and who are not on a bus line' . GED testing fee for those who do not qualify for subsidized testing fees through Hopelink. . lD cards/Social Security card replacement costs' These are a few examples of uncompensated expenses that can serve as a barrier for our Community Court participants. ln iecognition of the fact that many courts are seeking funding, we are asking for minimal funds to cover these expenses. At $4,OOO/month, we expect to use these funds very sparingly and only when all other sources of coverage have been completely exhausted' 4.C.a Packet Pg. 17 Attachment: Washington Administrative Office of the Courts Applilcation for Grant Funding - Therapeutic Courts and Community Justice WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction 13, For Therapeutic court Grant Applicants - please provide your anticipated costs (utilizing grant funds) for each of the following cost categories: Personnel Salaries & Benefits $60,ooo Staff Equipment & Training s Treatment Services/Com pliance Monitoring $48,000 Other ParticiPa nt Services*$17,ooo Total Request for these Grant Funds S125,ooo * lncludes other supportive services meant to ensure participant success - e'g'transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water, and snacks, but excluding program incentives that would constitute a "gift." 14. For community Justice counselors Grant Applicants - Please provide your anticipated costs (utilizing grant funds) for each of the following cost categories Personnel Salaries & Benefits s Staff Equipment & Training $ Treatment Services/Com plia nce Monitori ng s Other ParticiPant Services*s Total Request for these Grant Funds 5125,000 same as above * lncludes other supportive services meant to ensure participant success - e,g. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water, and snacks, but excluding program incentives that would constitute a "gift." Name): Michael FransPresiding J DateSignature Administrator Signatu Date 6,t b_ZL 6 [rc[ ez nt Name): Margaret 4.C.a Packet Pg. 18 Attachment: Washington Administrative Office of the Courts Applilcation for Grant Funding - Therapeutic Courts and Community Justice Page 1 of 6 GRANT AGREEMENT - BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND THIS AGREEMENT (Agreement) is made by and between, Washington State Administrative Office of the Courts (AOC) and , (Grantee), (collectively as the Parties and individually each as a Party). The Parties hereby enter into this Agreement whereby Grantee will perform certain services for, and provide product deliveries to AOC. Grantee is subject to the terms and conditions specified in Attachment A and agrees to the following terms and conditions. 1. SCOPE OF WORK Grantee must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community - based therapeutic interventions within the Grantee’s jurisdiction in accordance with the Grantee’s grant application, and Statement of Work (Attachment A). This contract constitutes an official award letter. 2. TERM AND PERIOD OF PERFORMANCE This Agreement’s period of performance runs from July 1, 2022 through June 30, 2023, unless otherwise terminated (Term). Notwithstanding the foregoing, this Agreement and all its terms and conditions shall remain in full force and effect until all delive rables are completed or otherwise terminated, and this Agreement is terminated and/or completed. 3. COMPENSATION AND PAYMENT The awarded amount is . Grantee will use the funds for the following cost categories (these amounts need to match what the grantee submitted in their application): Cost Category Amount Personnel salaries & benefits $ Staff equipment & training $ Treatment services $ Other participant services $ Total $ Grantee may vary the amount in any particular category by up to 10%, but any adjustments beyond 10% require the explicit written consent of AOC’s Project Manager, and in no case DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 Kent Municipal Court 125,000 60,000 GRT23007 17,000 Kent Municipal Court GRT23007 $125,000.00 48,000 4.C.b Packet Pg. 19 Attachment: Therapeutic_Court_Grant_GRT23007_Kent Municipal Court (3253 : Grant Agreement with Washington State Administrative Office Page 2 of 6 may the total amount exceed the awarded amount above. This amount includes expenses necessary or incidental to performing the items under the Statement of Work, including, but not limited to, travel, lodging and per diem related expenses. Grantee will submit an invoice after the completion and acceptance of e ach deliverable noted above. This amount will be disbursed in two allotments, one in August 2022 and the second in January 2023 upon receipt of a properly filled out Form A-19. 4. REPORTING The Grantee must submit quarterly reports to AOC documenting the progress of their therapeutic court program. These reports will provide: The number of program participants for the corresponding quarter, The services provided to program participants for the corresponding quarter, The cost of services provided to program participants for the corresponding quarter, Other costs accrued by the Grantee to support the therapeutic court program during the corresponding quarter, and Any challenges faced by the Grantee in operating their therapeutic court program during the corresponding quarter. Reports shall be submitted to https://inside.courts.wa.gov/apps/therapeuticgrants/view/dsp _therapeuticgrants.cfm on the following schedule: Period Report Due 07/01/22 - 09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Grantee’s eligibility for future funding. 5. BILLING PROCEDURES Grantee will submit properly prepared Form A-19s via email to AOC Financial Services at payables@courts.wa.gov. Invoices shall be submitted no more than twice during the pendency of the contract. Incorrect or incomplete invoices shall be returned by AOC to Grantee for correction and reissuance, and may result in delays in funding. All Invoices shall provide and itemize, at a minimum, the following: A. Contract Number ; B. Grantee name, address, phone number; C. Grantee Federal Tax Identification Number; DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 GRT23007 GRT23007 4.C.b Packet Pg. 20 Attachment: Therapeutic_Court_Grant_GRT23007_Kent Municipal Court (3253 : Grant Agreement with Washington State Administrative Office Page 3 of 6 D. Description of Services to be provided; E. Date(s) Services will be provided; F. Total Invoice Price. Payment will be considered timely if made by the AOC within thirty (30) calendar days of receipt of a properly prepared invoice. Payment shall be sent to the address designated by the Grantee. The AOC may, in its sole discretion, terminate the contract or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the AOC. 6. SAFEGUARDING OF INFORMATION The use or disclosure by the Grantee of any information obtained as a result of performance under this contract concerning the AOC or the Court for any purpose not directly connected with the administration of the AOC's, the Court's or the Grantee's responsibilities with respect to services provided under this contract is prohibited except by written consent of the AOC or the Court. 7. CONFLICT OF INTEREST Grantee warrants that at the date of execution of this Agreement, no organizational conflict of interest exists or is likely to arise in the performance of its obligations under the Subcontract. Grantee warrants that it shall advise AOC immediately if a conflict of interest arises in the future. 8. PROJECT MANAGEMENT The Project Manager for each of the parties shall be the contact person for all communications regarding the performance of this Contract. AOC Project Manager Grantee Project Manager Stephanie Oyler PO Box 41170 Olympia, WA 98504-1170 Stephanie.Oyler@courts.wa.gov 360-890-0901 9. ASSIGNMENT Grantee agrees that none of the deliverables to be furnished under this Agreement shall be assigned or subcontracted (including to independent consultants) without the prior written permission of AOC. DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 GRT23007 Myetter@kentwa.gov Kent, WA 98032-7426 Margaret Yetter Phone 1220 Central Ave S 4.C.b Packet Pg. 21 Attachment: Therapeutic_Court_Grant_GRT23007_Kent Municipal Court (3253 : Grant Agreement with Washington State Administrative Office Page 4 of 6 10. TERMINATION A. Termination for Default The AOC may, by written notice, terminate this contract, in whole or in part, for failure of the Grantee to perform any of the obligations or provisions required by the contract. In the event of default, the Grantee shall be liable for damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time; Provided, that if (i) it is determined for any reason the Grantee was not in default, or (ii) the Grantee’s failure to perform is without Grantee’s and/or SubGrantee’s control, fault, or negligence, the termination shall be deemed to be a Termination for Convenience. B. Termination for Convenience Except as otherwise provided in this contract, the AOC may terminate this contract by providing written notice of such termination to the Grantee, specifying the effective date thereof, at least five (5) calendar days prior to such date. If this contract is so terminated, the AOC shall be liable only for payment for services rendered prior to the effective date of termination. 11. DISPUTES The Parties agree to attempt to resolve any dispute arising under this Agreement first by elevating the matter to appropriate levels of management within each organization. Grantee agrees that pending any decision, appeal or judgment on the settlement of any dispute arising under this Agreement, Grantee shall proceed diligently with the performance of this Agreement. 12. INDEMNIFICATION The Grantee shall defend, protect, and hold harmless the state of Washington, the AOC, or any employees thereof, from and against all claims, suits or actions arising from the Grantee's acts which are libelous or slanderous, which result in injury to persons or property, which violate a right of confidentiality, or which constitute an infringement of any copyright, patent, trademark or trade name through use or reproduction of material of any kind. 13. FORCE MAJEURE Neither Grantee nor AOC shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to strikes, lockouts, riots, acts of war, epidemics, pandem ics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except SubGrantees). DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 GRT23007 4.C.b Packet Pg. 22 Attachment: Therapeutic_Court_Grant_GRT23007_Kent Municipal Court (3253 : Grant Agreement with Washington State Administrative Office Page 5 of 6 14. REPRESENTATION AND CERTIFICATIONS Grantee shall complete all required Representations and Certifications as they apply to this Agreement, if any. Grantee further agrees that it will provide additional or annual Representations and Certifications as may be requested by AOC in connection with this Agreement, and also agrees to promptly notify AOC of any changes which modify the information contained in any such Representations and Certifications. 15. COMPLIANCE WITH LAWS Grantee shall comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this Agreement. 16. INDEPENDENT GRANTEES Grantee is an independent Grantee in relation to AOC with respect to all matters arising under this Agreement. Nothing herein shall be construed to establish a partnership, joint venture, association or employment relationship between the parties. Neither Party sh all be deemed to be an agent of the other or to have any authority to bind or create any obligation, express or implied, on behalf of the other. 17. WHOLE AGREEMENT This Agreement and the SOW attached hereto contain and embody the entire agreement of the Parties hereto and supersede all prior agreements, negotiations and discussions between the Parties hereto. Any representation, inducement or agreement that is not contained in this Agreement shall not be of any force or effect. Except as otherwise expressly provided in this Agreement, this Agreement may not be modified or changed in whole or in part in any manner other than by an instrument in writing duly signed by both Parties hereto. 18. GOVERNING LAW/VENUE This Agreement will be governed by and construed and enforced in accordance with the laws of Washington without giving effect to the principles of conflict of laws thereunder. 19. EXECUTION IN COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall constitute one and the same Agreement. 20. WAIVER No Party shall be deemed to have waived any right hereunder unless such waiver is in writing, and the waiver or failure of either Party to exercise in any respect any right provided for herein shall not be a waiver of any further right hereunder. 21. SEVERABILITY If any portion of this Agreement is held or determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect as if this Agreement had been executed within the invalid portion eliminated. DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 GRT23007 4.C.b Packet Pg. 23 Attachment: Therapeutic_Court_Grant_GRT23007_Kent Municipal Court (3253 : Grant Agreement with Washington State Administrative Office Page 6 of 6 22. HEADINGS Any headings used in this Agreement are for purposes of organization only and have no independent legal significance. In WITNESS WHEREOF, the parties hereto have caused this instrument to be signed as of the day and year below written. Administrative Office of the Courts Grantee Signature Date Signature Date Christopher Stanley Name Name Director, MSD Title Title DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 GRT23007 Court Administrator Margaret Yetter 4.C.b Packet Pg. 24 Attachment: Therapeutic_Court_Grant_GRT23007_Kent Municipal Court (3253 : Grant Agreement with Washington State Administrative Office Attachment A Statement of Work: The Grantee must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community-based therapeutic interventions within the Grantee’s jurisdiction in accordance with the Grantee’s grant application. Funds can be used for the following costs categories: personnel salaries & benefits, staff equipment & training, treatment services (therapeutic services specifically designed to address S UD and MH) & compliance monitoring, and other participant services (other supportive services meant to ensure participant success- i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks). Funds cannot be used for: replacing or supplementing the salary of current employees of the Grantee (employees must be taking on additional work or be a new employee to be eligible for funding), program incentives that constitute a gift or reward items and activities outside of the cost categories listed in the Grantee’s contract. The Grantee shall submit quarterly reports to AOC documenting the progress their therapeutic court program. These reports shall provide: the number of program participants for the corresponding quarter, the services provided to program participants for the corresponding quarter, the cost of services provided to program participants for the corresponding quarter other cost accrued by the Grantee to support the therapeutic court program during the corresponding quarter, and challenges faced by the Grantee in operating their therapeutic court program during the corresponding quarter. Reports shall be submitted to https://inside.courts.wa.gov/apps/therapeuticgrants/view/dsp_therapeuticgrants.cfm on the following schedule: Reporting schedule: Period Report Due 07/01/22-09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Grantee’s eligibility for future funding. DocuSign Envelope ID: 5E8CBB72-FE63-44AD-851B-54196E782628 GRT23007 4.C.b Packet Pg. 25 Attachment: Therapeutic_Court_Grant_GRT23007_Kent Municipal Court (3253 : Grant Agreement with Washington State Administrative Office MUNICIPAL COURT Margaret Yetter, Court Administrator 1220 Central Avenue South Kent, WA 98032 253-856-5730 DATE: September 6, 2022 TO: Operations and Public Safety Committee SUBJECT: Grant Agreement with Washington State Administrative Office of the Courts for Reimbursement of Costs Associated with State v. Blake - Authorize MOTION: I move to authorize the signing of the Interagency Reimbursement Agreement with the Washington State Administrative Office of the Courts, in the total amount of $1,074,435, to amend the budget, and to authorize expenditure of funds consistent with the terms of the agreement to reimburse costs incurred as a result of the State v. Blake decision. SUMMARY: On February 25, 2021, the Washington State Supreme Court entered its decision in State of Washington v. Blake, invalidating as unconstitutional the crime of simple possession of a controlled substance under RCW 69.50.4013. The Supreme Court’s decision invalidated the law, not only prospectively, but also retroactively, with the effect that previous convictions were void at the time of conviction. One consequence of this retroactive application is that prior legal financial obligations paid in connection with these voided convictions are now subject to refund. Additionally, court resources will be required to process requests to vacate convictions and potentially resentence offenders on unrelated matters if a now void conviction affected their sentence at the time it was originally entered. Courts must provide relief to all persons with simple drug possession convictions following Blake. The statute invalidated by Blake was enacted in 1971, and while pending charges have been dismissed, the number of persons potentially entitled to relief in the state may exceed 100,000. In 2021, the Washington Legislature appropriated funds in the 2022 budget to cover the costs incurred by cities in the review and possible vacation of convictions for Blake-related cases in the local municipal court. At the end of 2021 Legislative session, the Legislature appropriated $44.5 million to the Administrative Office of the Courts “to assist counties with costs of resentencing and vacating the sentences of defendants whose convictions or sentences are affected by the State v. Blake decision.” In the 2022 supplemental budget, cities received $21.5 million to offset the financial impacts of vacating simple drug 4.D Packet Pg. 26 possession charges tied to the Blake decision. Of the amount appropriated, approximately $10 million is earmarked to reimburse legal and financial obligations tied to the vacated conviction. Kent has been designated as one of 112 cities to receive reimbursement, up to $576,526 for extraordinary expenses reimbursement and up to $497,909 in reimbursement of legal financial obligations previously paid by offenders. Numerous defendants have been charged and convicted in the Kent Municipal Court for violations of RCW 69.50.4013 prior to the Blake decision. Accepting this agreement with AOC will allow the Court to request reimbursement for the costs associated with implementing the Supreme Court’s decision from the funds appropriated by the Legislature. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Interagency Reimbursement Agreement Blake Funding (PDF) 4.D Packet Pg. 27 DocuSign Envelope lD: 7B584CDE-0EC0-48F5-BC2A-2M133036C20 I NTERAGENCY REIM BU RSEM ENT AGRE EM ENT IAA23735 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND KENT THIS RETMBURSEMENT AGREEMENT (Agreement) is entered into by and between the Administrative Office of the Courts (AOC) andKENr , for the purpose of reimbursing KENr (City) for extraordinary costs of resentencing and vacating sentences under Btake and for the cost of refunding legal financial obligations (LFOs) under the Blake decision. 1. PURPOSE The purpose of this Agreement is to provide reimbursements to assist Cities and Municipal Courts with extraordinary judicial, prosecutorial, or defense-related costs of resentencing and vacating the sentences of defendants whose convictions or sentences in are affected by the Sfafe v. Blake decision, and to provide reimbursements to assist Cities and Municipal Courts who have reimbursed or will reimburse LFOs to defendants whose convictions or sentences in Municipal Court are affected by the Sfafe v. Blake decision. 2. REIMBURSEMENT A. Extraordina rv Exoenses Reimbu rsement. AOC shall reimburse the C ity up to a maximum of $576,526.00 for extraordinary judicial, prosecutoria l, or defense-related costs of resentencing and vacating the sentences of defendants whose convictions or sentences are affected by the Sfafe v. Blake decision incurred during the period of February 25,2021 to June 30, 2023. No reimbursement will be made under this Agreement for resentencing or vacation costs incurred after June 30,2023, and any reimbursement requests in excess of this amount will be denied. lf additional funding is appropriated by the Legislature for these purposes, the amount of reimbursement under this Agreement may be increased by agreement of the parties. B. LFO Reim bursement. AOC will reimburse the City up to a maximum of $497,909.00 for paym ents made by the City during the period February 25,2021 toJune 30,2023 pursuant to court order which required reimbursement by the State of Washington of legal and financial obligations. No reimbursement will be mad e under this Agreement for resentencing or vacation costs incurred after June 30,2023, and any reimbursement requests in excess of this amount stated in this Section 2 (b) will be denied. lf additional funding is appropriated by the Legislature for these purposes, the amount of reimbursement under this Agreement may be increased by rAA23735 Pase 1 or4 4.D.a Packet Pg. 28 Attachment: Interagency Reimbursement Agreement Blake Funding (3254 : Agreement with the Washington State Office of the Courts (Blake DocuSign Envelope lD: 7B584CDE-0EC0-48F5'BC2A-2I2133036C20 agreement of the parties. Nothing in this Agreement requires the City to mlke payments pursuant to a court order when the funds available for reimbursement are less than the amount of the payment. C. General. AOC shall provide reimbursement to the City for approved and cornpfeteO reimbursements by warrant or account transfer within 30 days of receipt of a properly completed A-19 invoice and the completed data report as required below. 3. PERIOD OF PERFORMANCE Performance under this Agreement begins July 1 ,2022, regardless of the date of execution, and ends on June 30,2023. The period of performance may be amended by mutual agreement of the parties if the Legislature provides additional funding or time for these purposes. 4. TERMS OF REIMBURSEMENT a) The City shall request reimbursement as follows: 1. The City will submit its A-19 invoices monthly to pavables@courts.wa.gov. A-19 invoices submitted under this agreement must include: a. payment documents from the City indicating the amounts expended, the recipients, and the date of expenditure. b. Sufficient information to allow AOC to determine that the costs reimbursed are extraordinary judicial, prosecutorial, or defense- related costs of resentencing and vacating the sentences of defendants whose convictions or sentences are affected by the Sfafe v. Blake. c. Proper coding for expenses under both 2.A. and B. ForKENr , expenses under 2.A. must be coded 40021070, and reimbursement under2.B. must be coded 40022090. 2. The City shall provide a monthly report to AOC that must contain at a minimum: a. A list of any case numbers associated with the services provided; b. A breakdown of expenses by judicial, prosecutorial, and defense- related costs; c. The amount of LFOs reimbursed, with the case number associated with that amount. d. Any positions supported by these funds, broken down by judicial, prosecutorial, and defense-related positions; and e. Data, including case numbers and aggregate data on the number and type of cases: i. Vacated under Blake; rAA23735 Page 2 ol 4 4.D.a Packet Pg. 29 Attachment: Interagency Reimbursement Agreement Blake Funding (3254 : Agreement with the Washington State Office of the Courts (Blake DocuSign Envelope lD: 7B584CDE-0EC0-48F5-BC2A-2A2133036C20 ii. Resentenced under Blake; and iii. Being worked on under Blake. b) By May 1,2023, the City agrees to report any allocated funds under either 2. A. or B. that it will be unable to spend during the term of the contract, or any additional funds it anticipates needing during the term of the contract should additional funds become available. AOC reserves the right to reallocate funds that are reported to be unable to be spent. 5. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by agreement of the parties. Such amendments are no1binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement must be construed to conform to those laws. ln the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. This Agreement; and c. Any other provisions of the agreement, including materials incorporated by reference. 7 WAIVER A failure by either party to exercise its rights under this Agreement does not preclude that party from subsequent exercise of such rights and is not a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an autholized representative of the party and attached to the original Agreement. SEVERABILITY lf any provision of this Agreement, or any provision of any document incorporated by reference is held invalid, such invalidity does not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. 8. tAA23735 Page 3 of 4 4.D.a Packet Pg. 30 Attachment: Interagency Reimbursement Agreement Blake Funding (3254 : Agreement with the Washington State Office of the Courts (Blake DocuSign Envelope lD: 7B584CDE-0EC0-48F5-BC2A-2A2133036C20 9. AGREEMENT MANAGEMENT The program managers noted below are responsible for and are the contact people for ail communications and billings regarding the performance of this Agreement: AOG Proqram Manaset - Gitv Proqram Manaqer Christopher Stanley Chief Financial and Management Officer PO Box 41170 Olympia, WA 98504-1170 ch ristopher. stan ley@cou rts.wa. gov (360) 357-2406 Margaret Yetter Court Administrator 1220 CentralAve S Kent, WA 98032 myetter@kentwa.gov 253-856-5735 10. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by tf_e parties. No other understandings, oral or otheruise, regarding the subject matter of this Agreement are considered to exist or to bind any of the parties to this agreement unless othenrvise stated in this Agreement. AGREED: Administrative Office of the Gourts KENT Signature Date Signature Date Christopher Stanley Judge ltlichael Frans Name Name Title Title tAA23735 Page 4 of 4 4.D.a Packet Pg. 31 Attachment: Interagency Reimbursement Agreement Blake Funding (3254 : Agreement with the Washington State Office of the Courts (Blake DocuSign Envelope lD: 7B584CDE-0EC04BF5-BC2A-2M133036C20 AGEi'lCY USE ONLY AGENCY NO.LOCATION CODE P.R. OR AUTH. NO. ,NSIRUCLONS TO VENDOR OR CUIMANT: Submif fhis form to claim payment for mateials, merchandise or se/vices. Show complete detail for each item. Vendor's Ceriificate: I hereby certify under penalty of perjury lhat the items and lohls listed herein arc prcper charges for materials, merchandise or seruices fumished to the Shte of Washington, and lhat all goods fumished and/or services rendered have been provided without discrimination because of age' sex, marilal stalus, race, creed, color, national origin, handicap, religion' or Vietnam era or disabled vehrans status. BY (srcN rN rNK) (TTTLE) FORM A 19-1A (Rev.5/91)ffi STATE OFWASHINGTON INVOICE VOUCHER AGENCY NAME Office of the Administrator for the Courts VENDOR OR CLAIMANT (Warrant is to be payable to) FEDERAL l.D. tiO. 0R SOCIAL SECURITY N0' (For roporting Porsonal Services Conkact Payments to l.R.S. Do notllll in. Atlach a w.9form RECEIVED BY DATE RECEIVED DATE DESCRIPTION QUANTITY UNIT PRICE AMOUNT FOR AGENCY USE PREPARED BY TELEPHONE NUMBER DATE AGENCY APPROVAL DATE DOC. DATE PMT DIJE DATE CURRENT DOC, NO.REF DOC,VENDOR NUMBER VENDOR MESSAGE UBI NUMBER REF D0c TMNS CODE M o FUND MASTER INDEX SUB OBJ SUB SUB ORG INDEX WORKCLASS ALj-OC COUNTY BUDGET I INIT clryffowN MOS PROJECT suB PROJ PROJ PHAS AMOUNT INVOICE NUMBER PROGliM ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER tAA23735 4.D.a Packet Pg. 32 Attachment: Interagency Reimbursement Agreement Blake Funding (3254 : Agreement with the Washington State Office of the Courts (Blake INFORMATION TECHNOLOGY DEPARTMENT Mike Carrington 220 Fourth Avenue South Kent, WA 98032-5895 253-856-4600 DATE: September 6, 2022 TO: Operations and Public Safety Committee SUBJECT: Additional Purchases - Anaconda Networks, Inc Equipment and Hardware Purchase, Software License and Maintenance Agreement - Authorize MOTION: I move to authorize staff to purchase products and services through Anaconda Networks, Inc. under the terms of a purchase agreement dated September 1, 2021, if those purchases are within established budgets previously approved by Council and made during the agreement’s term, and to ratify all prior acts consistent with this motion. SUMMARY: The City and Anaconda Networks, Inc. entered into an Equipment and Hardware Purchase, Software License, and Maintenance Agreement on September 1, 2021 (“Agreement”). The Agreement provides for an initial 1-year term, with the option for annual renewals through December 31, 2027. To date, the City has made three purchases under the agreement, whose collective amount of $92,624.86 is within the Mayor’s $100,000 contract authority. IT would like to obtain Council approval to continue to use this Agreement for additional products and services the City may need to purchase through Anaconda Networks, Inc. throughout the Agreement’s term, so long as those purchases can be made within established budgets. For example, IT currently plans to renew the NetCloud Mobile Essentials Plan for 49 devices which is for an additional three-year term for a total of $31,576.89 under the terms of the Agreement, exceeding the Mayor’s contract authority. Additional purchases within established budgets may also be made with this authorization by Council. Anaconda provides both hardware and software that supports the mobility of our Police and Economic Community Development vehicles. They provide modems, antennas and cabling as well as a centralized management platform for the modems. BUDGET IMPACT: $31,376.89 which has been allocated through Information Technology’s maintenance account. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. 4.E Packet Pg. 33 Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 2022_Anaconda-Master Contract_OPSC Bundle v1 (PDF) 4.E Packet Pg. 34 Anaconda - Master Contract Contract & Quote Exhibit for OPSC 4.E.a Packet Pg. 35 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) Anaconda - Master Contract Equipment and Hardware Purchase, Software License, and Maintenance Agreement 4.E.a Packet Pg. 36 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 1 EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT This Equipment and Hardware Purchase, Software License, and Maintenance Agreement (Agreement) is between the CITY OF KENT (City), a Washington Municipal Corporation located at 220 Fourth Avenue South, Kent, WA 98032 and ANACONDA NETWORKS, INC. (Vendor), organized under the laws of the State of Colorado with its principal place of business at 1724 Majestic Drive, Unit 108B Lafayette, CO 80026. This Agreement is to obtain access to equipment, hardware, and software marketed and provided by Vendor, on an as-needed basis, all of which will continue to be supported and maintained by Vendor under the terms of this Agreement. 1.Description of Work. Vendor shall provide the City with equipment, hardware, software licenses, and maintenance services on an as-needed basis. Upon the City’s request, Vendor will provide the City with an estimate that describes the equipment, hardware, software, or maintenance services desired, along with their total cost inclusive of tax. If the City accepts the pricing provided for in the Vendor’s estimate, Vendor shall provide those items under the terms provided for in this Agreement. Upon acceptance of the estimate by the City, such estimate shall form an addendum to this Agreement and shall be subject to its terms and conditions. However, the estimate shall provide only for the product and its associated cost; no additional purchase terms or contract provisions included on any estimate shall be given effect or shall otherwise alter the provisions of this Agreement or apply to the City’s purchase. When an estimate is accepted and an order placed, Vendor will ship the order within 10 working days for goods available, and within 2 weeks for specialty items. If a product cannot be shipped within that time frame, Vendor shall notify the City as to why the product cannot ship within those time frames and shall provide an estimated shipping date. If such shipping date is not acceptable to the City, the City may cancel the order without penalty or other cost. 2.Risk of Loss. All orders shall include freight prepaid, F.O.B. destination, and shall be included within any cost estimate provided to the City. The risk of loss of all orders shall pass to the City upon the completion of both (a) delivery of that equipment and hardware to: (i) the City’s designated location; or (ii) another location owned or controlled by the City and specified by the City for such delivery; and (b) the signature of the person authorized to receive the delivery. 3.Change Orders. No changes or revisions to the equipment, hardware, software, or maintenance services shall be made from that ordered by the City and approved through Vendor’s estimate, except pursuant to the terms of this Agreement. The City may alter any requested equipment, hardware, software, or maintenance services by submitting a change order for Vendor’s acceptance. Each change order will consist of a brief outline of the new or different equipment, hardware, software, or maintenance services, the agreed upon cost(s) therefore, and other specifics unique to the request. Upon acceptance of the change order by Vendor and the mutual written agreement of the parties with respect to proceeding with the requested change order, such change order shall form an addendum to this Agreement and shall be subject to its terms and conditions. 4.City Property. Unless otherwise specified, title to any equipment or hardware provided under this Agreement shall pass to the City upon its acceptance. Vendor shall at all times protect the City’s property and data from injury or loss arising in connection with this Agreement. 5.Grant of License to Access and Use Software. For the term of this Agreement including any renewal or extension, Vendor hereby grants to City, including to all its Authorized Users, a non-exclusive, non-sublicensable, non-assignable, royalty-free, and worldwide license to access 4.E.a Packet Pg. 37 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 2 and use any software provided by Vendor (the "software") for the City’s non-commercial government operations. The City shall refrain from taking any steps such as reverse assembly or reverse compilation, to derive a source code equivalent to the software as further described in Section 13.3. 6. Term. The initial term of this Agreement shall begin on August 4, 2021, or the last date signed below, whichever event occurs later, and continue through December 31, 2022 (Initial Term), with the option for the City to renew annually thereafter for up to five additional one (1) year terms (each a Renewal Term) for a maximum contract term through December 31, 2027. This Agreement shall automatically renew for a Renewal Term unless City gives written notice of cancellation at least 30 days prior to the expiration of the Initial Term or any Renewal Term. Any reference in this Agreement to “days” shall mean “calendar days” unless a different meaning is expressly stated. 7. Subscription Fees/Taxes. 7.1 Fees for Goods and Services. In consideration of the Vendor providing the City with the equipment, hardware, software licenses, and maintenance services as provided for in this Agreement, the City agrees to pay any invoice issued by the Vendor that is consistent with a previously approved estimate or change order, and upon the City’s receipt and acceptance of such items as conforming to the terms of this Agreement. For any software license or maintenance fees due, the Vendor shall invoice the City for those fees at least 30 days before the commencement of the term applicable to those license and maintenance fees. 7.2 Undisputed Fees. Undisputed invoices shall be due and payable by the City within 30 days of invoice receipt. City shall notify Vendor in writing of any disputed amount within 15 business days of receipt of the applicable invoice. Portions of invoices that are subject to a good faith billing dispute shall not be considered delinquent for purposes of this Agreement. Disputed billings are subject to Section 20.2, Dispute Resolution. 7.3. Taxes. All contract amounts shall be inclusive of sales or other applicable taxes, and invoices shall include all tax obligations stated separately from the contract amounts. City shall pay all applicable sales, use, value added or similar taxes to Vendor and Vendor shall remit all such taxes, if imposed by local and/or state authorities on all software, and other taxable goods and services procured by the City under this Agreement. 7.4 Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. 8. System Availability and Support Services. The City’s license to access and use any software will be available to the City throughout the term of this Agreement, along with maintenance and support services as described in Section 10 and the attached and incorporated Exhibit A. 9. Representation and Warranties. 9.1 Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) such Party has the required power and authority to enter into this Agreement and to perform its obligations hereunder, and shall have obtained and continue to maintain all licenses, permits, and certifications required for such Party in connection with the performance of this Agreement; (b) the execution of this Agreement and performance of its obligations hereunder do not 4.E.a Packet Pg. 38 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 3 and will not violate any other agreement to which it is a party; and (c) this Agreement constitutes a legal, valid, and binding obligation when signed by both Parties. 9.2 Vendor Warranties and Representations. Vendor represents and warrants as follows: a. It will faithfully and satisfactorily perform in accordance with the provisions of this Agreement. In addition, all services or other work performed by Vendor will be performed in a professional and workmanlike manner, consistent with applicable industry standards, and the corresponding specifications set forth in the applicable statement of work and service level commitments. b. For all deliverables, including but not limited to, equipment, hardware, software, and third-party products provided by Vendor, Vendor shall be the primary point of contact and shall be responsible for coordinating the delivery of all products to the City and taking commercially reasonable action to cause the products to conform to and be delivered as provided by this Agreement. Without limiting the foregoing, if any of Vendor’s subcontractors shall fail to deliver the products as required, Vendor shall take commercially reasonable action as the City may request to enforce the terms of any subcontract agreement between Vendor and its subcontractor. c. All equipment, hardware, and software, in whole and in part, shall operate: in accordance with applicable specifications and the requirements of this Agreement; in accordance with the description of the functions and capabilities as described in Vendor’s documentation, provided that the equipment, hardware, and software are properly used in accordance with Vendor’s instructions; and shall operate and be maintained error free, or if errors occur, Vendor will timely correct, update, or modify the software to correct those errors at no charge to the City; throughout the term of this Agreement, including any renewal or extension thereof. If any equipment, hardware, and software sold to the City through this Agreement are third-party products that are not branded by Vendor, Vendor sells those third-party products to the City with the manufacturer’s or publisher’s standard warranty, license, and maintenance provisions. For such third-party products, Vendor will provide all warranty and maintenance call numbers and will assist the City in engaging the manufacturer on warranty and maintenance issues. d. The deliverables provided under this Agreement are subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. e. It will promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or discovery of the defect. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect, unless this Agreement provides otherwise. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. Additionally, if any repaired or replaced product proves to be inadequate, or fails of its essential purpose, the Vendor will refund the full amount of any payments that have been made with respect to that product. f. Vendor is the owner of the software licensed hereunder, or otherwise has the right to grant to the City, the licensed rights to access the software through this Agreement without violating any rights of any third-party worldwide. Vendor is not aware of any claim, investigation, litigation, action, suit or administrative or judicial proceeding pending or threatened based on claims that Vendor’s software infringes or misappropriates any patents, copyrights, trade secrets or other intellectual property rights of any third-party; and Vendor’s software does not knowingly infringe upon or misappropriate any patents, copyrights, trade secrets or any other intellectual property rights of any third-party. g. In performing the maintenance services under the Agreement, Vendor shall 4.E.a Packet Pg. 39 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 4 substantially and materially comply with the descriptions and representations as to those services, including performance capabilities, accuracy, completeness, characteristics, Statement of Work, configurations, standards, function, and requirements. Additionally, vendor will: i Promptly and diligently perform and reperform services which are not in compliance with documentation/specifications, representations, and warranties at no additional cost to the City; ii Maintain the equipment, hardware, and software in accordance with the specifications and terms of this Agreement and meet all availability and system performance service levels as specified in this Agreement. In the event the services require failover activities, then Vendor shall be responsible for continuance of the services and the City shall not be subject to additional costs unless otherwise specified in this Agreement. iii Promptly coordinate with the City all tasks related to correcting problems and deficiencies connected with the equipment, hardware, and software. iv Not disable any City software, including Vendor’s software, without notice to and agreement by the City. v Refund to the City fees previously paid for any unused term and for the time for which a deficiency existed that the Vendor was unable to remedy, if the City elects to terminate this Agreement due to that deficiency. h. Vendor’s performance under this Agreement will comply with all applicable federal, state, and local laws, regulations, codes, and ordinances to which it is subject. Vendor will, throughout the term of this Agreement, including any renewal or extension thereof, comply with changes to and new applicable federal, state, and local laws, regulations, codes, and ordinances to which it is subject. Vendor will comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary in the performance of this Agreement. 10. Vendor Maintenance Services. 10.1 During the term of this Agreement, Vendor will provide maintenance support and warranty services as provided for in Exhibit A, which include updates, upgrades, modifications, customized interfaces and enhancements to the software, and any subsequent versions thereof. Subject to the terms and conditions of this Agreement, Vendor shall provide software support via telephone, web, remote access and electronic mail, and site visits, when necessary. To enable Vendor to provide effective support, the City will establish remote access procedures. The maintenance services provided by Vendor shall include the following: a. Provide users with verbal or electronic telephone responses to specific, discrete and descriptive inquiries on the use and operation of the equipment, hardware, and software provided through this Agreement. Service shall be provided by telephone contact with Vendor’s offices during the hours provided for in Exhibit A. b. If errors of functional operation are identified by the City and determined by the Vendor to exist in the software, corrections will be made and corrected versions of the software will be provided to the City through media acceptable to the City (web, remote access, email, or on CD). 4.E.a Packet Pg. 40 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 5 c. If the City loses or destroys all copies of the supplied software being maintained under this Agreement, Vendor will provide replacements for that software, at Vendor’s cost. Such replacements will not include replacement of City data. d. If, after concerted attempts to resolve a problem by remote access, the parties are not able to do so, Vendor will provide onsite support services. e. After updates, upgrades, modifications, customized interfaces or enhancements are made to the software, Vendor will make them available to the City, at no additional charge, within 30 days of their release to other licensees of the software, on media acceptable to the City (web, remote access, email, or on CD) so that the maintained software is current with the latest version being sold while maintaining for the City the same level of functionality that it had with respect to the software immediately prior to the installation of such upgrade, update, modification, customized interface or enhancement. All costs pertaining to the creation and installation of such upgrades, updates, modifications, customized interfaces and enhancements shall be borne by the Vendor. If Vendor has any third-party product(s) embedded in its own product or system, and such third-party product has been upgraded or a new release has been issued, vendor certifies that its own product or system will be upgraded, within 18 months, to integrate with the upgrade or issuance of the new release of the third-party product. f. As needed to resolve problems or upon request from the City, Vendor will be provided remote access to the equipment, hardware, and software. The preferred method for Vendor access to City systems is through a VPN (virtual private network) or any other designated connection. To enable Vendor to provide effective support, Vendor’s remote access will be escorted by the City and must be scheduled in advance at a mutually agreeable date and time. Vendor must agree to abide by the conditions set forth in any City network usage policy and apply due diligence in maintaining security on Vendor’ own network. g. Vendor will comply with the service level and response procedures provided for in Exhibit A for responding to incident reports and targets for correcting software errors or otherwise responding to issues concerning the software. The escalation procedure will apply if Vendor does not meet the response time periods, as set out in Exhibit A. 10.2 Ownership. City owns all of the information and materials that it submits, uploads or transfers, or causes to be submitted, uploaded, or transferred utilizing Vendor’s software (City’s Data). 10.3 Data Protection. Vendor shall maintain and handle all of City’s Data with commercially reasonable physical, electronic, and procedural safeguards to protect and preserve the confidentiality and security of City’s Data (including personal information) in accordance with applicable data protection legislative requirements and as further described in Vendor’s policies which should reflect the highest industry standards for privacy and security, which applicable policies are incorporated herein by reference. 10.4 Data Restrictions. Vendor shall restrict access to City Data to Vendor employees, affiliates' employees, or others who need to know that information to provide services to City. City Data shall be stored and hosted within the United States of America. Vendor will use City Data for the purposes described in this Agreement. Vendor will not sell, license, transmit or disclose this information outside of Vendor’s business unless: (1) City expressly authorizes Vendor to do so; (2) it is necessary to allow Vendor’s Licensors to perform services under this Agreement); (3) in order to provide Vendor’s products or services to City; (4) otherwise as Vendor is required by law after written notice to City of such requirement. Notwithstanding the foregoing, Vendor is responsible for any disclosures of City Data by Vendor’s Licensors made contrary to the terms of this Agreement. 4.E.a Packet Pg. 41 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 6 10.5 Data Backup. Vendor shall protect City’s data by having a backup system that includes running the Vendor’s Service on geographically dispersed data centers with extensive backup, data archive, and failover capabilities. Disaster recovery plan shall include: (1) Data backup procedures that create multiple backup copies of City’s data, in near real time, at the disk level; and (2) A multi- level backup strategy that includes disk-to-disk-to-tape data backup in which tape backups serve as a secondary level of backup, not as the primary disaster-recovery data source; or other data backup system providing at least the same or higher protection of City’s Data in the event of a potential data loss. 11. Intellectual Property Ownership. Vendor (and its Licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the software. This Agreement, does not convey to City any rights of ownership in or to the Vendor’s software or the intellectual property rights owned by Vendor and its Licensors, where applicable. 12. Non-Disclosure of Confidential Information. The Parties’ obligations regarding non- disclosure of Confidential Information is contained in the attached and incorporated Exhibit B. All Confidential Information is and shall remain the property of its owner to the extent consistent with applicable law. The disclosure of Confidential Information to the other party does not grant to it any express or implied right to or under any patents, copyrights, trademarks, or trade secret information except as otherwise provided herein. 13. City Obligations. 13.1 Equipment, Hardware, and Software Obligations. Except for the equipment, hardware, and software provided through any approved estimate, the provision and maintenance of which is part of Vendor’s required performance under this Agreement, the City shall be responsible for obtaining and maintaining all other computer equipment, hardware, software, and communications equipment needed to access and utilize any purchased or licensed software. 13.2 Anti-Virus Obligations. The City will use commercially reasonable efforts to safeguard against computer infection, viruses, worms, Trojan horses, and other code that manifest contaminating or destructive properties (collectively "Viruses") that may reasonably affect the performance of Vendor’s software. 13.3 Restricted Uses. The City will not: a. knowingly upload or distribute any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the software, b. modify, disassemble, decompile or reverse engineer the software or pre-release equipment or hardware devices or software disclosed, c. copy, reproduce, resell or commercially exploit the software, d. reverse engineer, decompile or disassemble any software code and/or pre- release equipment or hardware devices disclosed. 14. Indemnification Obligations. 14.1 City Indemnification Obligations. Subject to Section 14.3 below, City shall defend, indemnify, and hold Vendor and its parent organizations, subsidiaries, Affiliates, officers, directors and employees harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (i) a third-party claim alleging that the use of City Data infringes the rights of, or has caused harm to, a third-party; (ii) a third-party claim alleging a breach of any of City’s representations and warranties; 4.E.a Packet Pg. 42 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 7 or (iii) a third-party claim alleging City’s use of Confidential Information or intellectual property rights of Vendor or its Licensors is in violation of this Agreement; (iv) third-party claim of injury or death to person or damage to property arising from City’s negligence. 14.2. Vendor Indemnification Obligations. Subject to Section 14.3 below, Vendor shall defend, indemnify, and hold City and its elected officials, officers, employees, agents and attorneys harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with: (i) a third-party claim alleging that the equipment, hardware, or software provided, maintained, and supported by Vendor infringes or misappropriates the rights of, or has caused harm to, a third-party; (ii) a third- party claim alleging a breach of any Vendor representations and warranties in this Agreement; (iii) a third-party claim alleging Vendor’s use of City Data is in violation of this Agreement; or (iv) a third- party claim alleging a breach of Vendor’s confidentiality or data security obligations, that infringes the rights of, or has caused harm to, a third-party, (v) third-party claim of injury or death to person or damage to property arising from Vendor’s negligence. 14.3 As an express condition of the foregoing indemnification obligations, the parties hereby agree that: a. the indemnified party shall promptly notify the indemnifying party in writing for any claim for which indemnification is sought; b. the indemnified party shall cooperate with all reasonable requests of the indemnifying party (at the indemnifying party’s expense) in defending or settling such claim. c. the indemnifying party shall be allowed to control the defense and settlement of such claim; d. the indemnifying party may not settle any claim that includes an admission of liability, fault, negligence or wrongdoing on the part of the indemnified party unless the indemnified party provides prior written consent, e. the indemnified party shall have the right, at its option and expense, to participate in the defense of any action, suit or proceeding relating to such a claim through counsel of its own choosing; f. each indemnified party will undertake commercially reasonable efforts to mitigate any loss or liability resulting from an indemnification claim related to or arising out of this Agreement. 15. Limitation of Liability 15.1. EXCEPT FOR CLAIMS ARISING FROM EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, CONFIDENTIALITY AND SECURITY OBLIGATIONS, REPRESENTATIONS AND WARRANTIES, AND INTELLECTUAL PROPERTY INFRINGEMENT OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE PARTY’S STATED INSURANCE LIABILITY CAP. 15.2. NEITHER PARTY WILL BE LIABLE FOR BREACH-OF-CONTRACT DAMAGES SUFFERED BY THE OTHER PARTY THAT ARE REMOTE OR SPECULATIVE, OR THAT COULD NOT HAVE REASONABLY BEEN FORESEEN ON ENTRY INTO THIS AGREEMENT. 15.3. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. 4.E.a Packet Pg. 43 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 8 16. Insurance. Vendor shall maintain insurance that is sufficient to protect its business against all applicable risks, at a minimum as set forth in the attached and incorporated Exhibit C, "Insurance Requirements." Vendor shall promptly provide City with certificates of insurance to evidence Vendor's continued compliance with Exhibit C. 17. Termination of Agreement. 17.1 Termination for Convenience. Either party may terminate this Agreement without cause. In the event of such desire, the City may terminate upon giving the Vendor 60 days advance written notice of termination, and the Vendor upon giving the City 180 days advance written notice of termination. 17.2 Termination by City for Cause. In addition to any other rights granted to City in this Agreement or under law, City has the right to terminate this Agreement upon written notice due to: a. a material breach of a term, representation, or warranty under this Agreement (including a material breach under any incorporated attachment, addendum and/or exhibit to this Agreement) by Vendor of any of its subcontractors or licensors of services if such material breach is not remedied within 30 days following receipt of written notice from City; or b. a third-party’s claim that Vendor’s hardware, software, or any other services and products provided to the City by Vendor or its subcontractors or Licensors or other third-parties and the intellectual property rights associated therewith, infringes upon such third-party’s intellectual property rights. c. City Council fails to appropriate funds for payment of Vendor’s products or services under this Agreement. d. Vendor files for protection under bankruptcy laws, makes an assignment for the benefit of creditors, appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or insolvency act or has any such petition filed against it which is not discharged within 60 days of the filing thereof.. 17.3 Termination By Vendor for Cause. In addition to any other rights granted to Vendor in this Agreement or under law, Vendor reserves the right, upon written notice to City, to terminate this Agreement due to: a. any undisputed amounts City owes that are delinquent greater than 90 days; or b. a material breach of the terms of this Agreement, other than a payment obligation, by City or its users if such breach is not remedied within 30 days following receipt of written notice of such breach from Vendor to City; or c. a third-party’s claim that City’s Data, and/or intellectual property infringes upon such third-party’s rights. 17.4 No Suspension of Service. Provided City continues to timely make all undisputed payments, Vendor warrants that during the term of this Agreement, Vendor will not withhold Services provided herein, for any reason, including but not limited to a dispute between the parties arising under this Agreement, except as may be specifically authorized herein. 4.E.a Packet Pg. 44 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 9 17.5 Effect of Termination. a. If City terminates for cause or Vendor terminates without cause, City will only be obligated to pay the amounts then due for services provided meeting Vendor’s contractual commitments as calculated up to the date of termination and, if applicable, City will be reimbursed a prorated amount of unused, prepaid fees. b. If Vendor terminates for cause that City does not dispute or if City terminates without cause and a balance is still due on City’s account, then City agrees that Vendor may bill City for such unpaid fees due up to the date of termination. c. In the event this Agreement terminates for any reason, Vendor shall provide the City a file of City’s Data in a format acceptable (and at no cost) to City within 30 days of the effective date of termination. City shall have 60 days following termination to notify Vendor if litigation, laws, regulations, or other lawful process requires Vendor retain City’s data beyond the termination of this Agreement. City will thereafter promptly notify Vendor when such litigation, laws, regulations, or other lawful process no longer requires Vendor maintain the City’s data. Vendor may dispose of City’s data at Vendor’s expense as permitted by law 61 days after termination, if City provides no notice otherwise; or after City notifies Vendor there are no laws, regulations, litigation, etc. requiring further retention. Retained data is subject to the confidentiality provisions of the Agreement. 18. Remedies. Termination of this Agreement shall not affect any right of action of either party prior to the termination being affected. All remedies shall be cumulative and may be exercised concurrently, or separately, which shall not be deemed to constitute an election of any one remedy to the exclusion of any other. In addition to any other remedy provided for herein, or at law or equity, City shall have the right to recover from Vendor all damages reasonably caused by default of any representation or warranty. This paragraph shall not limit City’s right to pursue any other remedy available to it in law, at equity or pursuant to this Agreement. 19. Non-Discrimination. In the hiring of employees for the performance of this Agreement or any subcontract, the Vendor, its subcontractors, or any person acting on behalf of the Vendor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the Compliance Statement, all attached and incorporated as Exhibit D. 20. General Provisions 20.1 Governing Law and Venue. The Agreement will be governed by the laws of Washington and its choice of law rules. Vendor irrevocably consents to the exclusive personal jurisdiction and venue of the federal and state courts located in King County, Washington, with respect to any dispute arising out of or in connection with the Agreement and agrees not to commence or prosecute any action or proceeding arising out of or in connection with the Agreement other than in the aforementioned courts. 20.2. Dispute Resolution. The City and Vendor desire, if possible, to resolve disputes, controversies and claims (Disputes) arising out of this Agreement without litigation. To that end, upon written notification of dispute by a party to the other, each party shall appoint a knowledgeable, responsible management representative to meet and negotiate in good faith to resolve any Dispute arising under this Agreement. If the parties are unable to settle any Dispute, the exclusive means of 4.E.a Packet Pg. 45 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 10 resolving that Dispute shall only be by filing suit as provided for under Section 20.1, unless the parties agree in writing to an alternative dispute resolution process. 20.3 Severability. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provision will continue in full force without being impaired or invalidated in any way. The City and Vendor agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. 20.4. Nonwaiver. Any failure by either party to enforce strict performance of any provision of the Agreement will not constitute a waiver of the its right to subsequently enforce such provision or any other provision of the Agreement. 20.5 No Assignment. Either party may assign this Agreement and all of its rights and obligations hereunder as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets so long as said assignee accepts all of the respective Agreements rights and obligations of its predecessor as provided in this Agreement without limitation. Except as expressly stated in this Agreement, neither party may otherwise assign its rights or obligations under this Agreement either in whole or in part without the prior written consent of the other party, and any attempted assignment or delegation without such consent will be void. 20.6 Notices. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Either party may change its address by giving written notice of such change to the other party. 20.7 Legal Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit either party’s right to indemnification under Section 14 of this Agreement. 20.8. Force Majeure. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due CEOCEO 4.E.a Packet Pg. 46 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 11 to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. 20.9 Independent Contractor. City and Vendor intend that an independent Contractor relationship be created with this Agreement. Vendor shall not be considered an agent or employee of City for any purpose and the employees of Vendor are not entitled to any of the benefits that City provides for its employees. Nor shall this Agreement be evidence of a joint venture between Vendor and City. 20.10 Problem Notification. Each party will promptly notify the other in writing of any events or circumstances that will affect the performance of its obligations under this Agreement including the delivery of any deliverable or delay in completion of any of its obligations. Vendor shall notify City in writing of all material defects in the hardware or software, whether discovered by other parties or by Vendor, within five (5) business days of their discovery and fix or replace the affected hardware or software within a commercially reasonable time. A defect is considered material if it has the potential to delay or inhibit the primary functionality of the software or if said defect has the potential to corrupt City data. 20.11 Entire Agreement/Modification. This Agreement, together with all exhibits comprise the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein. This Agreement may be amended, modified, or added to only by written instrument properly signed by both parties hereto. 20.12 Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. 20.13 City Business License Required. Prior to commencing performance under this Agreement, Vendor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / 4.E.a Packet Pg. 47 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EQUIPMENT AND HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT Page 12 20.14 Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: Anaconda Networks, Inc. By: Print Name: Chip George Its CEO DATE: 6-24-21 CITY: CITY OF KENT By: Print Name: Its DATE: NOTICES TO BE SENT TO: Chip George Anaconda Networks, Inc. 1724 Majestic Dr. Suite 108B Lafayette, CO 80026 (303) 573-4817 (telephone) (303) 573-4786 (facsimile) chip@anaconda-networks.com (email) NOTICES TO BE SENT TO: Information Technology Department City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-4600 (telephone) (253) 856-4700 (facsimile) ITA@kentwa.gov (email) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Dana Ralph Mayor 09/01/2021 4.E.a Packet Pg. 48 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EXHIBIT A – SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES (to Hardware Purchase, Software License, and Maintenance Agreement) EXHIBIT A SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES A. SERVICE LEVEL AGREEMENT 1. Applicable Levels. Vendor’s software shall maintain a System Availability of at least 99.9% during each calendar month of the Agreement following initial implementation completion. 2. Scheduled System Maintenance. Vendor may take the software offline for scheduled maintenances of which City has received prior written notice of the planned maintenance schedule. 3. System Availability Definition. 3.1. “System Availability” means the percentage of minutes in a month that the key components of the software are operational 3.2. Not Included in “System Availability” a. scheduled maintenance; b. events of force majeure; or c. events caused by the City’s acts or omissions or inoperability of City’s technology/devices. 4. Remedies. Should Vendor not achieve System Availability for 2 months or more in any six month period the City shall be entitled to the following credit against fees due: a. Two-months – Two months credit b. Three months – Three months credit c. Four or more months – A monthly credit for each month where system availability was not achieved The credit remedies provided herein is not exclusive and City shall be entitled to all other remedies provided for in this Agreement or provided in law and equity as a result of Vendor’s failure to meet System Availability requirements. B. SUPPORT SERVICES 1. Support services entitles the City to the following: 1.1 Telephone or electronic support, 24 hours per day and 7 days per week, to help the City locate and correct problems with the hardware and software provided through this Agreement. 1.2 Bug fixes and code corrections to correct software malfunctions to bring the software into substantial conformity with the operating specifications. 4.E.a Packet Pg. 49 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EXHIBIT A – SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES (to Hardware Purchase, Software License, and Maintenance Agreement) 1.3 All extensions, enhancements and other changes that Vendor makes or adds to the software and which the Vendor offers, without charge, to other software licensees. 1.4 Up to 3 dedicated contacts designated by the City in writing who will have access to Vendor’s support services. 1.5 Training services to educate authorized City staff on how to operate and maintain the hardware and software. 2. Problem Reporting Procedure 2.1 The City may report errors or problems to the Vendor in the following manner: By phone, currently at 720-573-4786 (office), plus emergency cell phone as provided from time-to-time: 303-941-5789 (phone or text) By email, currently at support@anacondanetworks.com 2.2 The City will cooperate with Vendor to provide information concerning any suspected error or problem reported. 2.3 The escalation procedures in Section B.4. will apply if Vendor does not meet the time periods provided for in Section B.2. 3. Response and Resolution Goals 3.1 Severity 1: The Production system/application is down, seriously impacted and there is no reasonable work around currently available. Once Vendor receives notice, the Vendor will respond within 1 hour, will begin continuous work to resolve the issue, and a customer support person must be available at any time to assist with problem determination. Once the issue is reproducible or once vendor has identified the Software defect, Vendor will provide reasonable efforts for workaround or solution within 24 hours. 3.2 Severity 2: The system or application is seriously affected. The issue is not critical and does not comply with the Severity 1 conditions. There is no workaround currently available or the workaround is cumbersome to use. Once Vendor receives notice, the Vendor will respond within 4 hours, will begin continuous work to resolve the issue, and a customer support person must be available at any time to assist with problem determination. The Vendor will work during normal business hours to provide reasonable effort for workaround or solution within 3 calendar days, once the issue is reproducible. 3.3 Severity 3: The system or application is moderately affected. The issue is not critical and the system has not failed. The issue has been identified and does not hinder normal operation, or the situation may be temporarily circumvented using an available workaround. Once Vendor receives notice, the Vendor will respond within 8 hours, and a customer support person must be available at any time to assist with problem determination, if unknown. The Company will work during normal business hours to provide reasonable effort for workaround or solution within 5 business days, once the issue is reproducible. 4.E.a Packet Pg. 50 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EXHIBIT A – SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES (to Hardware Purchase, Software License, and Maintenance Agreement) 3.4 Severity 4: Non-critical issues. The Company will seek during normal business hours to provide a solution in future releases of the software. 4.Problem Escalation 4.1 The response time periods set out above shall be measured from the time the City logs the call via the options listed above, and shall end when the Vendor contacts the designated City representative. The targeted fix time set forth above shall be measured from the time the City logs the call via the options listed above, and shall end when the Vendor has successfully implemented the correction or patch. 4.2 If response and resolution times are not being met per the above criteria, the City may escalate the issue by contacting CradlePoint or their appointed designee. Name: CradlePoint Phone: (855) 813-3385 Email: Support@cradlepoint.com 4.3 A joint meeting between CradlePoint and the City’s designated representative will ensue. This meeting will be used to discuss and resolve problems that have resulted in the objectives of the Agreement not being met. CEO 4.E.a Packet Pg. 51 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EXHIBIT B – NON-DISCLOSURE OF CONFIDENTIAL INFORMATION (to Hardware Purchase, Software License, and Maintenance Agreement) EXHIBIT B NON-DISCLOSURE OF CONFIDENTIAL INFORMATION 1. Definition of Confidential Information and Exclusions. (a) "Confidential Information" means non-public information that a party to the Agreement (“Disclosing Party”) designates as being confidential to the party that receives such information (“Receiving Party”) or which, under the circumstances surrounding disclosure ought to be treated as confidential by the Receiving Party. "Confidential Information" includes non-public information that City designates as being confidential or which, under the circumstances surrounding disclosure, Vendor ought to treat as confidential, including but not limited to information in tangible or intangible form relating to and/or including City data, computer programs, code, algorithms, formulas, processes, inventions, schematics and other technical, business , financial and product development plans, forecasts, strategies and proprietary or intellectual property whether or not it is owned by City and information received from others that City is obligated to treat as confidential. Except as otherwise indicated in this Agreement, the term “Vendor” also includes all its subcontractors and Affiliates. An “Affiliate” means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly or indirectly, controls, are controlled by, or are under common control with a party. “Confidential Information” also includes non-public information that Vendor designates as being confidential, or which, under the circumstances surrounding disclosure ought to be treated as confidential by the City, including without limitation, information in tangible or intangible form relating to and/or including released or unreleased Vendor software or hardware products, the marketing or promotion of any Vendor product, Vendor’s business policies or practices, and information received from Vendor that the City is obligated to treat as confidential. (b) Confidential Information shall not include any information, however designated, that: (i) is or subsequently becomes publicly available without Vendor’s breach of any obligation owed City; (ii) became known to Vendor prior to City’s disclosure of such information to Vendor pursuant to the terms of this Agreement; (iii) became known to Vendor from a source other than City other than by the breach of an obligation of confidentiality owed to City; (iv) is independently developed by Vendor; or (v) is not confidential as a matter of law. 2. Obligations Regarding Confidential Information (a) Receiving Party shall: (i) Refrain from disclosing any Confidential Information of the Disclosing Party to third-parties for two (2) years following the date that Disclosing Party first discloses such Confidential Information to Receiving Party, except as expressly provided in Sections 2(b) and 2(c) below; (ii) Take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, but no less than prevailing standard of reasonable care in the Receiving Party’s industry, to keep confidential the Confidential Information of the Disclosing Party; (iii) Refrain from disclosing, reproducing, summarizing and/or distributing Confidential Information of the Disclosing Party except in pursuance of 4.E.a Packet Pg. 52 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EXHIBIT B – NON-DISCLOSURE OF CONFIDENTIAL INFORMATION (to Hardware Purchase, Software License, and Maintenance Agreement) Receiving Party's business relationship with Disclosing Party, and only as otherwise provided hereunder; and (iv) Refrain from reverse engineering, decompiling or disassembling any software code and/or pre-release hardware devices disclosed by Disclosing Party to Receiving Party under the terms of the Agreement, except as expressly permitted by applicable law. (b) Receiving Party may disclose Confidential Information of Disclosing Party in accordance with judicial action, federal or state public disclosure requirements, state or federal regulations, or other governmental order or requirement of law, provided that Receiving Party gives the Disclosing Party reasonable notice prior to such disclosure to allow Disclosing Party a reasonable opportunity to seek a protective order or equivalent, at the Disclosing Party’s sole cost, effort, and expense. In the event the Disclosing Party elects to obtain a protective order or equivalent, or legally contest and avoid such disclosure, the Receiving Party shall fully cooperate with the Disclosing Party. (c) The Receiving Party may disclose Confidential Information only to Receiving Party's employees and consultants on a need-to-know basis. The undersigned Receiving Party will have executed or shall execute appropriate written agreements with third-parties sufficient to enable Receiving Party to enforce all the provisions of this Agreement. (d) Receiving Party shall notify the undersigned Disclosing Party immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of the Agreement by Receiving Party and its employees and consultants, and will cooperate with Disclosing Party in every reasonable way to help Disclosing Party regain possession of the Confidential Information and prevent its further unauthorized use or disclosure. Upon discovery of an inadvertent or accidental disclosure, the Receiving Party shall promptly notify the Disclosing Party of such disclosure and shall take all reasonable steps to retrieve the disclosure and prevent further such disclosures. If the foregoing requirements are met, a Receiving Party shall not be liable for inadvertent disclosure. (e) The restrictions herein shall not apply with respect to Confidential Information which: (i) Is or becomes known to the general public without breach of this Agreement; or (ii) Is or has been lawfully disclosed to a Receiving Party by a third-party without an obligation of confidentiality; (iii) Is independently developed by a Party without access to or use of the Confidential Information; or (iv) At the end of the period of confidentiality set forth in the Agreement. (f) All tangible information, including drawings, specifications, and other information submitted hereunder, by the Receiving Party to the other shall remain the property of the Disclosing Party. The Receiving Party promptly shall return Confidential Information, including all originals, copies, reproductions and summaries of Confidential Information and all other tangible materials and devices provided to the Receiving Party, and shall cease any further use thereof, upon the first to occur of the following events: (i) written request of the Disclosing Party; (ii) termination of the parties’ Agreement; or 4.E.a Packet Pg. 53 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EXHIBIT B – NON-DISCLOSURE OF CONFIDENTIAL INFORMATION (to Hardware Purchase, Software License, and Maintenance Agreement) (iii) completion of the purpose for which the Confidential Information was disclosed. In lieu of the foregoing, the Receiving Party, upon mutual consent, may destroy all copies of the Confidential Information and certify to the Disclosing Party in writing that it has done so. (g) The Receiving Party shall not export, directly or indirectly, any Confidential Information or any products utilizing such data unless it first complies with any applicable laws and regulations pertaining thereto, including, but not limited to, U.S. export laws or traffic in arms regulations. 3. Remedies The parties acknowledge that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information and that Disclosing Party shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction. 4. Miscellaneous (a) All Confidential Information is and shall remain the property of Disclosing Party. By disclosing Confidential Information to Receiving Party, Disclosing Party does not grant any express or implied right to Receiving Party to or under any patents, copyrights, trademarks, or trade secret information except as otherwise provided herein. Disclosing Party reserves without prejudice the ability to protect its rights under any such patents, copyrights, trademarks, or trade secrets except as otherwise provided herein. Except as expressly herein provided, no rights, licenses or relationships whatsoever are to be inferred or implied by the furnishing of Confidential Information specified above or pursuant to this Agreement. (b) The terms of confidentiality under this Agreement shall not be construed to limit either the Disclosing Party or the Receiving Party’s right to independently develop or acquire products without use of the other party's Confidential Information. Further, the Receiving Party shall be free to use for any purpose the residuals resulting from access to or work with the Confidential Information of the Disclosing Party, provided that the Receiving Party shall not disclose the Confidential Information except as expressly permitted pursuant to the terms of this Agreement. The term "residuals" means information in intangible form, which is retained in memory by persons who have had access to the Confidential Information, including ideas, concepts, know-how or techniques contained therein. The Receiving Party shall not have any obligation to limit or restrict the assignment of such persons or to pay royalties for any work resulting from the use of residuals. However, this sub-paragraph shall not be deemed to grant to the Receiving Party a license under the Disclosing Party’s copyrights or patents. 4.E.a Packet Pg. 54 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EXHIBIT C – INSURANCE REQUIREMENTS (to Hardware Purchase, Software License, and Maintenance Agreement) EXHIBIT C INSURANCE REQUIREMENTS 4.E.a Packet Pg. 55 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Coverage may be in the form of an underlying GL policy combined with an Umbrella/Excess policy in order to meet the limits required. 4.E.a Packet Pg. 56 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) EXHIBIT C (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 4.E.a Packet Pg. 57 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) 09/01/2021 Rick Baker & Associates Insurance, Inc 5360 Arapahoe Ave Ste D Boulder, CO 80303 Cheryl Campbell (303)444-3334 (303)444-2716 cheryl@rickbakerinsurance.com 00004966-44577 2 CHIP GEORGE INC DBA ANACONDA NETWORKS INC 1724 MAJESTIC DR UNIT 108B LAFAYETTE, CO 80026 CNA A Y Y 6025517135 02/12/2021 02/12/2022X X 1,000,000 300,000 1,000,000 1,000,000 2,000,000 2,000,000 CNA A Y Y 6025517135 02/12/2021 02/12/2022 X X 1,000,000 CNA A 6025517006 02/12/2021 02/12/2022 Y X 1,000,000 1,000,000 1,000,000 City of Kent 220 Foruth Avenue South KENT, WA 98032 (CLC) Printed by CLC on September 01, 2021 at 02:48PM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE 4.E.a Packet Pg. 58 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) 4.E.a Packet Pg. 59 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) 4.E.a Packet Pg. 60 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) 4.E.a Packet Pg. 61 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) 4.E.a Packet Pg. 62 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) 4.E.a Packet Pg. 63 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) 4.E.a Packet Pg. 64 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) 4.E.a Packet Pg. 65 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) 4.E.a Packet Pg. 66 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) 4.E.a Packet Pg. 67 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) 4.E.a Packet Pg. 68 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) Anaconda - Master Contract Estimate# 5098 4.E.a Packet Pg. 69 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) Anaconda Networks 1724 Majestic Dr. Unit 108B Lafayette, CO 80026 US +1 7205734817 chip@anaconda-networks.com Estimate ADDRESS Accounts Payable City of Kent, WA 220 4TH AVE S KENT, WA 98032-5838 SHIP TO Cody Koppelman City of Kent, WA 220 4TH AVE S KENT, WA 98032 ESTIMATE #DATE 5098 08/31/2022 SHIP VIA TRACKING NO.SALES REP Software Software CG DESCRIPTION QTY RATE AMOUNT Renewal NetCloud Mobile Essentials Plan, 3-yr 9/29/2022 6/28/2025 49 585.31 28,680.19T NCM Renewal 2022 / 3yr / Expiry 6-28-25 Bid is valid for 30 days. Total 49 Devices / September SUBTOTAL 28,680.19 TAX (0.101) 2,896.70 TOTAL $31,576.89 Accepted By Accepted Date 4.E.a Packet Pg. 70 Attachment: 2022_Anaconda-Master Contract_OPSC Bundle v1 (3256 : Anaconda Networks, Inc Additional Purchases - Authorize) POLICE DEPARTMENT Rafael Padilla, Police Chief 220 Fourth Avenue South Kent, WA 98032 253-852-2121 DATE: September 6, 2022 TO: Operations and Public Safety Committee SUBJECT: 2022-2023 Walker and Roller Safety Grant Project for Pacific Highway South Grant Agreement - Authorize MOTION: I move to authorize the Mayor to sign an Interagency Agreement with the Washington Traffic Safety Commission accepting funding for the City’s Pacific Highway South Walker and Roller Safety Program, amend the budget and authorize expenditure of the funds consistent with the Interagency Agreement. SUMMARY: This is the second year of funding from the Washington Traffic Safety Commission to fund walker and roller safety projects along Pacific Highway South (Highway 99) from Federal Way north to Tukwila. The Kent Police Department is the fiscal agent for this grant project which will build upon the work done during year one including enforcement, observation surveys, education and outreach transcribed into 12 different languages, and signage improvement. The total grant award is $101,000 and will fund staffing for this project between the Kent Police Department and Public Health - Seattle & King County along with the various project activities. Funding starts on October 1, 2022 and runs through September 30, 2023. BUDGET IMPACT: Additional grant funds in the amount of $101,000. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 4.F Packet Pg. 71 1. Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (PDF) 4.F Packet Pg. 72 Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND City of Kent THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as “WTSC,” and City of Kent, hereinafter referred to as “SUB-RECIPIENT.” NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34, terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listing/Catalog of Federal Domestic Assistance (CFDA) #20.6.6, for traffic safety grant project 2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program. 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both parties, but not earlier than October 1, 2022, and remain in effect until September 30, 2023 unless terminated sooner, as provided herein. 3. STATEMENT OF WORK The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the Statement of Work (SOW). If the SUB-RECIPIENT is unable to fulfill the SOW in any manner on this project, the SUB-RECIPIENT must contact the WTSC program manager immediately and discuss a potential amendment. All Federal and State regulations will apply. 3.1 SCOPE OF WORK 3.1.1 Problem ID and/or Opportunity This project seeks to reduce the number of serious injury and deaths of walkers and rollers on Pacific Highway South in King County WA. This project is focused on a portion of Pacific Highway South that runs through King County from Federal Way to Tukwila, between mile posts 6.15 and 24.17. According to crash data provided by Washington State Department of Transportation, page 1 of 18 4.F.a Packet Pg. 73 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker between January 2, 2017 and December 31, 2020 there were a total of 38 collisions with serious injuries or fatalities involving walkers and rollers along this stretch of highway. Of these collisions, 34 involved pedestrians and four involved bikes. Supporting Data The Walker and Roller grant program for King County, focusing on South SR 99, was a great success for the 2021-2022 grant year. The Target Zero program succeeded in the following goals: • Created and trained on a Law Enforcement curriculum on Walker and Roller Safety • Deployed High Visibility Enforcement throughout the target area with a pre and post observational survey • Created and launched a messaging campaign that included: social media, press release, and purchased billboard time along the roadway • Translated multiple bicycle safety documents Some key highlights and outcomes from those endeavors are outlined below. Key Learnings from Walker and Roller Training: • 100% of participants in the training that took the pre and post survey raised their knowledge of RCWs and laws pertaining to pedestrians and bicycles. • 100% of participants in the training that took the pre and post survey raised their competency in recognizing walker and roller law violations • 71% of participants that completed the pre and post survey raised their skills and ability to recognize and act on walker and roller law violations • 71% of participants that completed the pre and post survey raised their confidence to recognize and act on walker and roller law violations • 100% of law enforcement that participated in the training and pre and post survey said they are more likely to stop drivers for walker and roller law violations Key Learnings from the 2021-2022 Grant Year Observational Survey and Enforcement Activities: • There was an overall decrease of 50% in the percent of cars speeding along South SR 99 between the pre-enforcement survey and the second post-enforcement survey • The number and percent of cars speeding varied by location but generally the cities that were able to deploy more patrols had larger and longer sustaining decreases in incidences of speeding. • Top speed of a vehicle observed along this stretch of road was ~100mph • There was no observed difference in the occurrence of the other driver and pedestrian behaviors between the pre and two post enforcement patrols. More information would be useful for targeting changes to these behaviors. • This report did not evaluate the impact of the media and social media that accompanied this campaign. Billboards and posters were placed along this roadway later in the summer and were not part of this observational period • It is unknown how the previous state-wide distracted driving campaign influenced the outcomes in these surveys. Though out efforts were well executed and received for the previous grant period there is still much to be done. An unpublished paper by Public Health – Seattle & King County found that it often takes more than one year to create a lasting impact along a problem roadway. Below is some additional crash data and pedestrian/bicycle involved crash data for this stretch of South SR 99 from 2017-2022. As you can see we are looking at matching out 5 year record high for crashes and pedestrian/bicycle involved crashes this year (2022). All of this points to a need to continue this planning work into the 2022-2023 grant year to see the full impact of our efforts to reduce walker and roller injuries and deaths along South SR 99. Table 1: Number of collisions with serious injuries or fatalities involving pedestrians or bikes along Pacific Highway between mileposts 6.15-24.17 from 01/01/2017 – 12/31/2020: page 2 of 18 4.F.a Packet Pg. 74 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker Pedestrians Involved Bikes Involved Total Serious Injuries 27 3 30 Fatalities 9 1 10 3.1.2 Project Purpose and Strategies This project seeks to reduce the number of serious injury and deaths of walkers and rollers on Pacific Highway South in King County WA. This project is focused on a portion of Pacific Highway South that runs through King County from Federal Way to Tukwila, between mile posts 6.15 and 24.17.Though out efforts were well executed and received for the previous grant period there is still much to be done. An unpublished paper by Public Health – Seattle & King County found that it often takes more than one year to create a lasting impact along a problem roadway. Below is some additional crash data and pedestrian/bicycle involved crash data for this stretch of South SR 99 from 2017-2022. As you can see we are looking at matching out 5 year record high for crashes and pedestrian/bicycle involved crashes this year (2022). All of this points to a need to continue this planning work into the 2022-2023 grant year to see the full impact of our efforts to reduce walker and roller injuries and deaths along South SR 99. Countermeasures Law Enforcement Education Continue the promotion and distribution of training for law enforcement on walker and roller safety (particular focus on South SR99 grant) Number of law enforcement partners trained Enforcement Conduct media and messaging campaign on walkers and rollers in support of HVE and other initiatives • Create media campaign • Conduct media campaign Conduct high visibility enforcement campaigns of drivers for walker and roller safety along South SR99 • Number of emphasis patrols • Number of partners involved in the enforcement campaigns • Number of stops of drivers for violating walker and roller campaigns Conduct pre-post observational survey of drivers, walkers and rollers along the South SR99 corridor to evaluated education and enforcement efforts • Subcontract with observational survey provider • Create survey and identify observational areas • Conduct pre survey • Conduct post survey Engineering Develop and install pedestrian signage at critical intersections/areas along the South SR 99 corridor to warn drivers about the presence of walkers • Working with engineering committee, identify appropriate signs for the area • Get signs ordered and installed along the roadway • Subcontract with observational survey providers • Create survey and identify observational areas • Conduct pre-survey • Conduct-post survey • Develop report on program page 3 of 18 4.F.a Packet Pg. 75 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker Walker and Roller Behavior Education Create education materials for public, pedestrians and bicyclist on walker and roller safety (particular focus on South SR99 grant) • Develop training materials along with community partners • Ensure materials are equity centered and transcreated into appropriate languages • Distribute materials to community and law enforcement partners Jurisdictional Planning Support Create Tools Create tool for local jurisdictions to audit harm to houseless individuals to improve safety using local evidence bases along the SR 99 South corridor. • Research information for tool creation • Finalize tool with community/partner input • Distribute tool to all partners in county Lighting Audit along the length of SR 99 South (ties into ATSC work and data dashboard) • Research information for tool creation • Finalize tool with community/partner input • Distribute tool to all partners in county Checklist for community audit of walker and roller safety • Research information for tool creation • Finalize tool with community/partner input • Distribute tool to all partners in county 3.2 PROJECT GOALS, OBJECTIVES AND MEASURES Goal 1 - Goal 1: Decrease the percent of drivers with unsafe behavior concerning walkers and rollers by 15% along South SR 99 through enforcement, law enforcement education, and driver education by September 30, 2023. Objective Objective Details Completion Date Through training, increase knowledge by certified law enforcement officers Specifically knowledge of laws relating to walker and roller safety, issues faced by walkers and rollers in trying to use area roadways, and techniques and approaches that can increase walker and roller safety. 09/30/2022 Conduct emphasis patrols in high-risk areas focusing on issuing citations for high-risk behaviors. There will be a minimum of five emphasis patrols for drivers along Pacific Highway South during the project period to be proceeded by a media campaign. Specific locations for emphasis patrols will be determined by traffic safety unit commanders for law enforcement agencies involved in the emphasis patrols. Each emphasis patrol will be preceded by an observation study in the focus area and a follow-up observation study will be conducted 09/30/2022 page 4 of 18 4.F.a Packet Pg. 76 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker Goal 2 - Goal 2: Increase public knowledge and awareness of walker and roller safety issues and ways to increase personal safety while walking and rolling through public outreach and education efforts from law enforcement, community agencies, and others by 10 percent by September 30, 2023. one week after the enforcement event. Identify appropriate forums to share results of the program. Create and install pedestrian signage along the SR99 South The purpose of this objective is to increase driver awareness of walkers and rollers. Work with community partners and local jurisdiction to identify appropriate signage and location of signs. Purchase signs and have them installed along the roadway. Conduct pre and post observational study to identify impact of the installation of the visual signs for drivers. 09/30/2023 Measure Reporting Frequency Type Target Increase percent of knowledge gained about walker and roller issues by certified law enforcement officers by the end of the project as measured by pre- and post-survey results at the training and then a follow-up survey three months after the training. Quarterly Outcome 20 Decrease the percent of specified unsafe driver behaviors around walkers and rollers by the end of the project. The measurement will come from pre- and post-enforcement event observational surveys at selected intersections and conflict points. Quarterly Outcome 10 Decrease rate of speed of drivers and increase the awareness among drivers for the presence of walkers and rollers by the end of the project. The measurement will come from pre- and post-signage observational surveys at selected intersections and conflict points. Annual Outcome 10 Objective Objective Details Completion Date Objective 2-2 Engage with community members at local events to continue to increase knowledge about pedestrian and bicycling laws and community norms. 09/30/2022 Objective 2-1 Develop, transcreate, and administer additional education and training to public via law enforcement, community based organizations, and others on walker and roller safety. Educational materials and distribution could include social media advertising, billboard ads, radio ads, bus ads, 09/30/2023 page 5 of 18 4.F.a Packet Pg. 77 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker Goal 3 - Goal 3: Create several tools and distribute to local partners and jurisdictions to implement within their region to reduce harm to critical populations and provide engineering or structural changes to promote walker and roller safety by September 30, 2023. 3.3. COMPENSATION 3.3.1. The cost of accomplishing the work described in the SOW will not exceed $101,000.00. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties. transportation ads, and other applicable methods. Measure Reporting Frequency Type Target Percent Increase of knowledge of community members about walker and roller safety issues and strategies to mitigate risk before the end of the project period. Measurement will involve observed changes in behavior through a pre and post spotter survey of drivers along Pacific Highway south and reach of public education campaigns and social media. Annual Outcome 10 Objective Objective Details Completion Date Create audit tool Create tool for local jurisdictions to audit harm to houseless individuals to improve safety using local evidence bases along the SR 99 South corridor. 09/30/2023 Conduct a Lighting Audit Audit along the length of SR 99 South. This ties into critical work and recommendations that are currently being developed to support the Active Transportation Safety Council at the state level. 09/30/2023 Create a checklist for community audit of walker and roller safety 09/30/2023 Measure Reporting Frequency Type Target Increase the available resource of location jurisdictions to incorporate key walker and roller safety considerations into local planning by distributing the above-mentioned tools to all partners. Monitor the number of partners using the tools within their jurisdictions. Annual Process 100 page 6 of 18 4.F.a Packet Pg. 78 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker 3.3.2. If the SUB-RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established in accordance with WTSC policies, and a federally-approved cost allocation plan may be required to be submitted to the WTSC before any performance is conducted under this Agreement. 3.3.3 The SUB-RECIPIENT must submit a travel authorization form (A-40) to request approval for any travel not defined in the scope of work and for all travel outside of the continental United States. State travel policies (SAAM Chapter 10) would apply. 3.3.4. If WTSC makes travel arrangements on behalf of the SUB-RECIPIENT, state travel policies must be followed. See Washington State Administrative & Accounting Manual (SAAM) Chapter 10 which can be obtained at this website: https://www.ofm.wa.gov/sites/default/files/public/legacy/policy/10.htm. If for any reason, this information is not available at this website, contact the WTSC office at 360-725-9860. 3.3.5. WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB-RECIPIENT. If no written policy exists, state travel policies (SAAM Chapter 10) apply. 3.3.6. WTSC will only reimburse the SUB-RECIPIENT for travel related expenses for travel defined in the scope of work and budget or for which approval was expressly granted. The SUB-RECIPIENT must provide appropriate documentation (receipts) to support reimbursement requests, including the A-40 Travel Authorization form if required. 3.3.7. Any equipment that will be purchased under this agreement with a purchase price over $5,000 must be pre-approved by NHTSA prior to purchase. Pre-approval must also be gained if funding from this agreement is used to purchase a portion of an item with a purchase price of $5,000 or higher. Approval for these purchases will be facilitated by WTSC. WTSC will notify the SUB- RECIPIENT when approval has been gained or denied. Failure to receive pre-approval will preclude reimbursement. SUB- RECIPIENT will provide WTSC with purchase price, quote, manufacturer, description of its use in the project, and documentation showing that it is made in America. Any equipment purchased with NHTSA funds, must be used exclusively for traffic safety purposes or the cost must be pro-rated. 3.3.8. All equipment must be inventoried by the SUB-RECIPIENT. The SUB-RECIPIENT agrees to maintain the equipment, continue to use it for project purposes, and report on its status to WTSC each year when prompted. 3.3.9. Equipment is defined as any asset with a useful life greater than one year AND a unit cost of $5,000 or greater, and small and attractive assets. Small and attractive assets are the following if they a unit cost of $300 or more: Laptops and Notebook Computers Tablets and Smart phones Small and attractive assets also include the following if they have a unit cost of $1000 or more: Optical Devices, Binoculars, Telescopes, Infrared Viewers, and Rangefinders Cameras and Photographic Projection Equipment Desktop Computers (PCs) Television Sets, DVD Players, Blu-ray Players and Video Cameras (home type) 3.3.10. SUMMARY OF PROJECT COSTS page 7 of 18 4.F.a Packet Pg. 79 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker Budget Justification Employee Salaries and Benefits = $65,360.00 King County Target Zero Managers Region 7 - $75.00/hour X 12 months X 33/hours per month = $29,700. King County Target Zero Managers Region 8 - $90.00/hour X 12 months X 12/hours per month = $12,960.00. Target Zero Managers will be responsible for the planning, coordination, and implementation support for the project. Transcreation of the public education and outreach materials billed through Employee Salaries and Benefits through Public Health – Seattle & King County - $8,400.00 Goods and Other Expenses (including printing of translated materials) - $2,500.00 Overtime for patrols by the five police departments located along South State Route 99 + Washington State Patrol - $16,440.00 ($3,288.00/city). The five participating departments are: Federal Way, Kent, Des Moines, SeaTac, and Tukwila. Hours are allocated based on the length of Pacific Highway South running through each city as well as the crash data showing the higher level of need. Almeida Consulting and Training, LLC. The consultant will deploy a pre-observational survey before education and enforcement occurs in each of the cities as well as a post-observational survey following the education and enforcement work. Data collected from the surveying and the education/enforcement will help the project identify driver, walker, and roller behavior that has potential for dangerous outcomes. Additionally, the consultant will deploy and pre-observational survey before pedestrian signage is installed and post-observational survey following the installation of pedestrian signage. The cost of contract with Almeida Consulting and BUDGET CATEGORY DESCRIPTION AMOUNT Employee salaries and benefits $52,060 .00 Travel $0.00 Contract Services $46,440 .00 Goods and Services $2,500. 00 Equipment (listed below) Equipment Cost - $10,000.00 Purchase and installation of traffic signage for pedestrians crossing at critical junctions along SR 99. $0.00 Indirect Costs $0.00 TOTAL $101,00 0.00 Equipment Description Quant ity Unit Cost Amo unt Equipment Cost - $10,000.00 Purchase and installation of traffic signage for pedestrians crossing at critical junctions along SR 99. $10,00 0.00 $0.00 page 8 of 18 4.F.a Packet Pg. 80 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker Training is pending discussion with WTSC Research Grant Program. Positive Community Norms campaign to shift unsafe driver behavior - $30,000.00. The project will involve pre-message research, message development, campaign development, implementation, and evaluation. Equipment Cost - $10,000.00 Purchase and installation of traffic signage for pedestrians crossing at critical junctions along SR 99. Total Direct Costs = $110,000 APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB-RECIPIENT will submit progress reports on the activity of this project in the form provided by the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or other alternate means pre-approved by WTSC. The SUB- RECIPIENT will include copies of publications, training reports, and any statistical data generated in project execution in the reports. The final report will be submitted to WTSC within 30 days of termination of this Agreement. WTSC reserves the right to delay the processing of invoices until activity reports are received and approved. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8. ASSIGNMENT The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal provisions set forth in this Agreement in sections 32 through 40. 9. ATTORNEYS’ FEES In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the WEMS invoicing process, or via alternate method if approved by WTSC. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any page 9 of 18 4.F.a Packet Pg. 81 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2023, must be received by WTSC no later than August 10, 2023. All invoices for goods received or services performed between July 1, 2023, and September 30, 2023, must be received by WTSC no later than November 15, 2023. WTSC reserves the right to delay the processing of invoices until activity reports required by Section 4 of this agreement, are received and approved. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB-RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT’s receipt of WTSC’s written decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT’s appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME page 10 of 18 4.F.a Packet Pg. 82 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION 17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind (“claims”) brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT’s performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB- RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of this agreement. For this purpose, the SUB- RECIPIENT, by mutual negotiation, hereby waives with respect to WTSC only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCW. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 19. INSURANCE COVERAGE 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB-RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB-RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain books, records, page 11 of 18 4.F.a Packet Pg. 83 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 22. RIGHT OF INSPECTION The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called “Work Product”) pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30 day notice requirement. The Agreement is subject to renegotiation at the WTSC’s discretion under any new funding limitations or conditions. page 12 of 18 4.F.a Packet Pg. 84 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker 25. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB- RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT. 28. TERMINATION FOR CAUSE If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC’s discretion, the SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB-RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB- RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of page 13 of 18 4.F.a Packet Pg. 85 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker this Agreement. 30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub- contractors. 31. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 32. BUY AMERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the “lower tier participant”) is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled “Instructions for Lower Tier Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. page 14 of 18 4.F.a Packet Pg. 86 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of parties Excluded from Federal Procurement and Non-procurement Programs. 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 33.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 34. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 34.1. The SUB-RECIPIENT shall: 34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. 34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB- RECIPIENT’s policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 34.1.1. of this section. 34.1.4. Notify the employee in the statement required by paragraph 34.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 34.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such page 15 of 18 4.F.a Packet Pg. 87 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant, loans, and cooperative agreements), and that all sub- recipients shall certify and disclose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 37.1. During the performance of this Agreement, the SUB-RECIPIENT agrees: 37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding page 16 of 18 4.F.a Packet Pg. 88 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37.1.5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation for a sub- contract or sub-agreement that receives federal funds under this program. 38. POLITICAL ACTIVITY (HATCH ACT) The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and reimbursements regarding this Agreement: The Contact for the SUB-RECIPIENT is:The Contact for WTSC is: Sara Wood swood@kentwa.gov 253-856-5856 Jessie Knudsen jknudsen@wtsc.wa.gov 360-725-9860 ext. 42. AUTHORITY TO SIGN The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. page 17 of 18 4.F.a Packet Pg. 89 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker City of Kent _____________________________________ Signature _____________________________________ Printed Name _____________________________________ Title _____________________________________ Date WASHINGTON TRAFFIC SAFETY COMMISSION _____________________________________ Signature _____________________________________ Printed Name _____________________________________ Title _____________________________________ Date page 18 of 18 4.F.a Packet Pg. 90 Attachment: Interagency Agreement-2023-AG-4702-Pacific Highway (SR 99) South Walker and Roller Safety Program (3266 : 2022-2023 Walker POLICE DEPARTMENT Rafael Padilla, Police Chief 220 Fourth Avenue South Kent, WA 98032 253-852-2121 DATE: September 6, 2022 TO: Operations and Public Safety Committee SUBJECT: Agreement with Axon – Extension of Contract and Records Management - Authorize MOTION: I move to authorize the Mayor to sign the First Amendment to the Master Services and Purchasing Agreement with Axon, to add the Officer Safety Plan 7+, premium edition; activate the records management subscription; purchase associated hardware and services; and extend the Agreement through September 30, 2029, in an amount not to exceed $4.5 million, subject to final terms and conditions acceptable to the City Attorney and Police Chief. SUMMARY: The City has a 5-year contract with Axon for the Body Worn Camera program that expires in September of 2024. The Police Department is in need of a new records management system. After extensive research and testing by the City’s Information Technology Department, Axon Records was selected as the choice for the new records management system. The City was able to negotiate an amendment to the original agreement that will include the addition of the records management system in addition to extending the term of the contract until September of 2029. Purchases will cover outfitting all officers in the department (6 more cameras are needed). The amendment provides for taser replacements for all officers in 2024, body worn camera replacements for all officers in 2024, 2026 and 2029 and upgrades the City’s current OSP7+ program to Axon’s premium program. Axon’s OSP7+ premium adds in unlimited auto transcription of the BWC video and Axon Respond. Total cost for the contract extension with Axon: Year 1 BWC/Non-Sworn $574,892.65 Records $0 We do not pay until the system goes live Year 2 BWC/Non-Sworn $568,629.21 Records $65,693 Year 3-7 BWC/Non-Sworn $568,629.21 Records $65,693 Interview Room $6,863.30 4.G Packet Pg. 91 Cameras BUDGET IMPACT: The costs for the Body Worn Camera program will be paid for with Red-Light Camera revenues and the cost of the Axon Records Management System will be paid by Information Technology’s budgeted funds. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial di stricts, and inviting parks and recreation. ATTACHMENTS: 1. First Amendment to Executed MSPA 06252019-Kent PD v.102 (PDF) 2. Statement of Work for Implementation of Axon Records (PDF) 3. Quote from Axon Enterprises, Inc., dated 07202022 (PDF) 4. Master Services and Purchasing Agreement, dated 06252019 (PDF) 4.G Packet Pg. 92 First Amendment to Master Services and Purchasing Agreement This First Amendment (“Amendment”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and Kent Police Department (“Agency”). This Amendment is effective as of the last signature date on this Amendment (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”. Axon and Agency are parties to a Master Services and Purchasing Agreement with an effective date of 25 June 2019 (“Agreement”). Agency wishes to add OSP7+ Premium, Records and associated hardware and service to the Agreement. The Parties therefore agree as follows: 1. Add and incorporate Attachment A – Axon Respond Appendix 2. Add and incorporate Attachment B – Axon Add-on Services Appendix 3. Add and incorporate Attachment C - Axon Auto-Transcribe Appendix 4. Add and incorporate Attachment D – Axon Virtual Reality Content Terms of Use Appendix 5. Add and incorporate Attachment E - Axon Channel Services Appendix 6. Add and incorporate Attachment F – Quote: Q-392881 7. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. Each representative identified below declares that the representative is authorized to execute this Amendment as of the date of signature. Axon Enterprise, Inc. Agency Signature: Signature: Name: Name: Title: Title: Date: Date: Attachment A 4.G.a Packet Pg. 93 Attachment: First Amendment to Executed MSPA 06252019-Kent PD v.102 (3257 : Agreement with Axon – Extension of Contract and Records First Amendment to Master Services and Purchasing Agreement 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 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. 4.1. 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. 5. 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. Attachment B Axon Add-on Services Appendix This Appendix applies if Axon Citizen for Communities, Axon Redaction Assistant, and/or Axon Performance are included on the Quote. 4.G.a Packet Pg. 94 Attachment: First Amendment to Executed MSPA 06252019-Kent PD v.102 (3257 : Agreement with Axon – Extension of Contract and Records First Amendment to Master Services and Purchasing Agreement 1. Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency. 1.1. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the Effective Date. 1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add-on. 2. Axon Citizen Storage. For Axon Citizen, Agency may store an unlimited amount of data submitted through the public portal (“Portal Content”), within Agency’s Axon Evidence instance. The 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. 4.G.a Packet Pg. 95 Attachment: First Amendment to Executed MSPA 06252019-Kent PD v.102 (3257 : Agreement with Axon – Extension of Contract and Records First Amendment to Master Services and Purchasing Agreement Attachment C 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 Auto-Transcribe, 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 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. 4.G.a Packet Pg. 96 Attachment: First Amendment to Executed MSPA 06252019-Kent PD v.102 (3257 : Agreement with Axon – Extension of Contract and Records First Amendment to Master Services and Purchasing Agreement Attachment D 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. 4.G.a Packet Pg. 97 Attachment: First Amendment to Executed MSPA 06252019-Kent PD v.102 (3257 : Agreement with Axon – Extension of Contract and Records First Amendment to Master Services and Purchasing Agreement Attachment E Axon Channel Services Appendix This Appendix applies if Agency purchases Axon Channel Service, as set forth on the Quote. 1. Definitions. 1.1. “Axon Digital Evidence Management System” means Axon Evidence or Axon Commander, as specified in the attached Channel Services Statement of Work. 1.2. “Active Channel” means a third-party system that is continuously communicating with an Axon Digital Evidence Management System. 1.3. “Inactive Channel” means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System. 2. Scope. Agency currently has a third-party system or data repository from which Agency desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Agency’s third-party data into an Axon Digital Evidence Management System or the transfer of Agency data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work (“Channel Services SOW”). Channel Services will not delete any Agency Content. Agency is responsible for verifying all necessary data is migrated correctly and retained per Agency policy. 3. Purpose and Use. Agency is responsible for verifying Agency has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Agency is responsible for any changes to a third-party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Agency’s network and systems to perform the Services described in the Channel Services SOW. Agency is responsible for facilitating this access per all laws and policies applicable to Agency. 4. Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 5. Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner. 6. Monitoring. Axon may monitor Agency’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of channel services. 7. Agency’s Responsibilities. Axon’s successful performance of the Channel Services requires Agency: 7.1. Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access); 7.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Channel Services); 7.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services; 7.4. Ensure all appropriate data backups are performed; 7.5. Provide Axon with remote access to the Agency’s network and third-party systems when required for 4.G.a Packet Pg. 98 Attachment: First Amendment to Executed MSPA 06252019-Kent PD v.102 (3257 : Agreement with Axon – Extension of Contract and Records First Amendment to Master Services and Purchasing Agreement Axon to perform the Channel Services; 7.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and 7.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services). 4.G.a Packet Pg. 99 Attachment: First Amendment to Executed MSPA 06252019-Kent PD v.102 (3257 : Agreement with Axon – Extension of Contract and Records First Amendment to Master Services and Purchasing Agreement Attachment F – Axon Quote See Next Page 4.G.a Packet Pg. 100 Attachment: First Amendment to Executed MSPA 06252019-Kent PD v.102 (3257 : Agreement with Axon – Extension of Contract and Records STATEMENT OF WORK FOR THE IMPLEMENTATION OF AXON RECORD S FOR KENT POLICE DEPARTMENT ("SOW”) Submitted By: Axon Enterprise, Inc. (Axon) 17800 North 85 th Street Scottsdale, AZ 85255 4.G.b Packet Pg. 101 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records 4.G.b Packet Pg. 102 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records 1 . P R O J E C T O V E R V I E W : ................................. 1 1.1 SOFTW A RE .................................................................. 1 1.2 DEFINITIONS ............................................................... 1 1.3 OU T OF P ROJECT SCOP E ................................................. 2 2 . P R O F E S S I O N A L S E R V I C E S : ........................... 4 2.1 GENERA L .................................................................... 4 2.2 INTERFA CES ................................................................. 4 2.3 DA TA CONVERSION ........................................................ 5 2.4 REP ORTING A ND DATA WA REHOU SE .................................. 5 2.5 REA DINESS .................................................................. 5 2.6 TRA INING ................................................................... 6 2.7 GO -LI VE ...................................................................... 6 3 . P R O J E C T M A N A G E M E N T : ............................. 7 3.1 MA NA GEMENT RES OU RCES .............................................. 7 3.2 REQ U IREMENTS P LANNING .............................................. 7 3.3 CHA NGE CONTROL ......................................................... 7 3.4 MI LESTONE COMP LETION REP ORT (“MCR”) ......................... 7 4 . A G E N C Y C O M M I T M E N T S : ............................. 8 5 . S U P P O R T : .............................................. 9 6 . T E R M S A N D C O N D I T I O N S :............................ 10 A T T A C H M E N T A - M I L E S T O N E C O M P L E T I O N R E P O R T T E M P L A T E ....................................... 11 A T T A C H M E N T B - P R O J E C T C H A N G E O R D E R T E M P L A T E ................................................. 13 A T T A C H M E N T C - T H I R D -P A R T Y P R O D U C T S A N D S E R V I C E S .................................................. 12 4.G.b Packet Pg. 103 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records 4.G.b Packet Pg. 104 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 1 1. PROJECT OVERVIEW : 1.1 S OFTWARE The software detailed in th is SOW includes the listed functionality. Axon Records : Washington State NIBRS compliant reporting, workflow , charge -tables 1.2 DEFI NITIONS T E R M D E F I N I T I O N P A R T I E S Agency Kent Police Department who is identified within this SOW End-Users Specific Agency groups that will use the system Professional Services The services that Axon will provide within the scope of this SOW S Y S T E M S Axon Systems Software solutions and Agency specific integrations developed by Axon CJIS The Federal Bureau of Investigation’s Criminal Justice Information System MDC Mobile Data Computer - device associated within a vehicle or other mobile unit NIBRS National Incident Based Reporting System DataStore The database Axon provides allowing Agency to query data Axon Records The software solution being implemented as part of this SOW Production Environment The operational environment where the Product will be accessed Training Environment The pre-production environment where all Axon-specific development, configuration, FAT, UAT, and Training will take place (this includes integrations and data conversions identified in sections 2.2 and 2.3 below). Service Portal An online portal provided by Axon where issues identified are entered and triaged P R O J E C T & M I L E S T O N E S Project Scope of this SOW as defined by the work to be completed described herein Project Change Order (PCO) Change order form outlined in Attachment B to be executed between Axon and Agency if a material change in scope is required to this SOW Go-Live All End-Users are activated and Agency is actively using the product Milestone Event that constitutes completion of work as listed in Attachment A 4.G.b Packet Pg. 105 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 2 T E R M D E F I N I T I O N Milestone Completion Report The report outlined in Attachment A to be executed at key Milestones between Agency and Axon to approve completion of Project phases Requirements Phase Requirements gathering and confirmation occurs during this phase. Confirmed requirements feed the Sprint phase, and Sprints are designed around what can and can’t be accomplished given time and resource constraints on both Axon and Agency’s sides. Configuration Phase Project phase encompassing iterative development through Sprints. Integrations and workflows are developed and dep loyed during this phase. Agency forms are also configured during this phase. Sprint A period of time, during the configuration phase of the project (typically 2 or 3 weeks) where specific pieces of functionality are built, configured, and delivered. Sprint Review Signifies the end of the sprint where Axon will showcase what was built, configured, and delivered. These items will then be deemed ready for FAT and UAT. Third-Party Products and Services Software, hardware, and services that are not owned by Axon but are being provided by Axon for this Project as listed in Attachment C A C C E P T A N C E Blocker Issue impacting 50% or more users, after Axon has launched the agency into Production and the agency is considered “live”. (Note: blockers or issues identified during the Configuration phase of the project are addressed during the current or following sprint.) Integration Acceptance Testing Scheduled events for testing of each integration point and associated functionality in collaboration with Agency and Agency’s vendors Functional Acceptance Testing (FAT) Testing the functionality of the system as configured for Agency User Acceptance Testing (UAT) Testing the functionality of the system as configured for the Agency from an end-user’s perspective 1.3 OUT OF PROJECT SCOPE Axon is only responsible for performing the Professional Services described within this SOW. Any additional Professional Services that are not defined explicitly by this SOW shall be done so through a Project Change Order. T he following are considered outside the scope of this Project: A dministration, management, or support of any internal City, Coun ty, State, Federal or Agency IT network or infrastructure 4.G.b Packet Pg. 106 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 3 Third Party Products and Services costs related to the vendors or Agency’s cost of implementing the vendors or Agency’s side of the integration Changes made by Agency or Agency’s vendors 4.G.b Packet Pg. 107 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 4 2. PROFESSIONAL SERVICES : 2.1 G ENERAL Agency will provide a Master Charge Table that Axon will load. 2.2 INT ERFACE S Agency must provide technical documentation and/or facilitation of meetings with all third -party systems vendors where an integration is requ ired. Axon will provide any relevant API documentation to Agency. Axon will conduct Integration Acceptance Testing demonstrating the functionality of each integration. Agency must notify Axon of any changes in Agency ’s side of the integration that is beyon d Axon’s control and may impact the integration. 2.2.1 Records | ValleyCom 911 CAD | CFS Import: Axon will build an interface with ValleyCom 911 to import CFS data into Axon Records. This will automatically create a report shell in Axon Records, assigned to th e Primary Officer on the CFS. 2.2.2 Records | Washington State Patrol | Sector : Import of Ag ency citation data from Sector 2.2.3 Records | Washington State Patrol | Sector: Import of Agency crash data from Sector 2.2.4 Records | Law Enforcement Information Exchange | Li N X : Export of Agency incident data to LINX NW 2.2.5 Records | LEXIS NEXIS | CopLogic DORS: Import of Citizen online reports from Lexis Nexis CopLogic DORS 2.2.6 Records | King County Fingerprint System | AFIS : Export of arrest data to the AFIS system 2.2.7 Records | Black Creek JMS | Arrest Data: Axon will build a one way integration that exports Arrest Information from Axon Records to the Black Creek JMS so that officers do not need to enter the data in 2 systems. 2.2.8 Records | ESRI/GIS | Location Data : Import (cadence TBD) of Location Data from the Agency’s GIS service which will allow auto addressing inside of reports created in Axon Records. 2.2.9 Records | SPIDR Tech | Incident Data Export : Axon will export data relevant to incidents being reported on by Kent PD. Specific datapoints 4.G.b Packet Pg. 108 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 5 and triggers will be defined in the Requirements phase of the project. (Kent currently utilizes a file drop from their current RMS to SPIDR Tech.) 2.3 Data Conversion Axon will work with Agency to map the data from the legacy data structures and formats into Axon Record s . Data quality shall be addressed by Agency prior to provision ing to Axon. If necessary, as determined by Axon , Agency m ust facilitate meetings with all third -party system vendors where a data conversion is required. Agency ’s third -party system vendor s will perform the extractions and provide Axon with data dictionaries, the structure, format, and any documentation that will allow effective migration of the data. 2.3.1 CentralSquare - Tiburon | Records Data Conversion: Migrate reports, attachments, master name index, master vehicle index, master location index from CentralSquare Tiburon data base to Axon Records 2.4 REPORTING AND DATASTORE A file export, in the proper f ormat, will be provided so Agency can transmit Washington State NIBRS data to the state. Axon will configure and make available to Agency a MS SQL Data Warehouse (Axon DataStore) containing information within the Axon Systems allowing Agency to utilize a vailable data. Axon will provide Agency with a data dictionary and/or other appropriate documentation. If Axon provide s reports for specific purposes as indicated , it is the responsibility of Agency to maintain them. 2.5 READINESS Axon will conduct Functional Acceptance Testing via use cases approved by Axon and Agency. All issues discovered during and after t raining will be entered into the service portal for triage. 4.G.b Packet Pg. 109 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 6 2.6 TRAINING Axon will document and propose a Training Plan to Agency based on user types and availability, including additional IT and Admin Training. All training will be hands -on in an Axon -provided Training environment. Agency will provide facilities and equipment for conducting the Training . Trai n the Trainer: Axon will provide session(s), materials and support allowing Agency’s in -house trainers to conduct their own Training . Agency is responsible for updating all Training materials after f inal a cceptance. 2.7 GO-LIVE Axon will choreograph and orchestrate the Go -Live event. Commencing on the date of the Go -Live event, a 30 -day reliability period will begin, allowing Agency to experience the Axon Records functionality. At the conclusion of the reliability period, Kent will transition to Axon Cust omer Support for the remainder of the contract period. If no Blockers are reported during the 30 -day reliability period, upon Agency agreement and signoff, the system shall be deemed to have achieved Final Acceptance. 4.G.b Packet Pg. 110 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 7 3. PROJECT MANAGEMENT: 3.1 MANAGEMENT RESOURCES Both Parties will assign a Project Manager to ensure completion of deliverables. Axon’s Project Manager will ensure all team members from Axon and Agency are continually updated on the status of the Project. 3.2 REQUIREMENTS PLANNI NG All Project requirements will be documented in Requirements Planning . Once all requirements are agreed to, Axon’s Project Manager will work with Agency’s Project Manager to develop a Project p lan for Axon’s implementation. 3.3 CHANGE CONTROL If any changes in the Pro ject cause a material increase or decrease in fees , as determined by Axon, an adjustment in the fees will be agreed upon and included in a signed PCO form. Agency acknowledges a proposed change request might have an impact on both scheduling and cost for the Project that will be outlined in the PCO form. 3.4 MILESTONE COMPLETION REPORT (“MCR”) Axon will submit an MCR to Agency for approval upon completion of a Milestone. Upon receiving an MCR, Agency has 1 4 calendar days to approve or respond in writing with issues related to the MCR. Failure to reply within 1 4 calendar days will be deemed approval. This is not applicable to Sprints, only to major milestones of the project. 3.5 SPRINT DEMO AND REVIEW At the conclusion of each sprint, Axon will conduct a Sprint Demo and Review with the Agency’s Project Team , showcasing the work that was completed during that particular sprint. 4.G.b Packet Pg. 111 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 8 4. AGENCY COMMITMENTS: Ensure the reasonable availability for meetings, phone or email of knowledgeable staff and personnel to provide timely and accurate documentation and informati on to Axon. Identify holidays, non -workdays or major events that may impact the Project. Ensure Agency desktop or mobile systems and devices can access the Product. Make available relevant systems if needed for assessment by Axon (including making these s ystems available to Axon via remote access if possible). Provide Axon with remote access to Agency’s Axon Evidence account when required. 4.G.b Packet Pg. 112 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 9 5. SUPPORT: Axon will provide on -site Go -Live support the week the system is cut -over. The Product undergoes updates and enhancements which Agency will automatically receive. Axon will provide Agency’s End Users access to the my.axon.com support portal to submit and review service tickets. For Technical Support assistance, Agency may contact a Technical Support represe ntative at 800 -978-2737, or via email at Support@Axon.com. Online, email -based support and remote -location troubleshooting are included on an ongoing basis as part of Agency’s investment in the Axon ecosystem. Phone support is available 24/7. 4.G.b Packet Pg. 113 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 10 6. TERMS AND CONDITIONS: This SOW is governed by the Master Services and Purchasing Agreement executed by the Parties. AXON ENTERPRISE, INC. Signature: _____________________ Name: _________________________ Title: _________________________ Date: _________________________ AGENCY Signature: _________________________ Name: ____________________________ Title: _____________________________ Date: _____________________________ 4.G.b Packet Pg. 114 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 11 ATTACHMENT A - MILESTONE COMPLETION REPORT TEMPLATE By signing for the items in this Milestone Completion Checklist, I agree that Axon ’s Professional Services Organization has reached the following milestone (s) for the Project agreed upon in the SOW between Axon and Kent Police Department : □ Project Kickoff □ Requirements Completion (results of this phase feed the sprints in the configuration phase) □ Completion of Configuration (Configuration includes but is not limited to integration development and del ivery, form development, data conversion, and workflow configuration. This phase is comprised of iterative sprints until complete.) □ Functional Review and Acceptance Testing (this phase is performed at the conclusion of each sprint) □ Completion of Agency Tr aining □ Go-Live □ Final Acceptance Date Services were completed on: _________ day of _______________, 20___ Today’s Date: ______________ Agency Name: ______________________________________ Signature: _________________________________________ Printed Name: ______________________________________ 4.G.b Packet Pg. 115 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 12 Title: ______________________________________________ Email: ______________________________________________ 4.G.b Packet Pg. 116 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records PAGE 13 ATTACHMENT B - PROJECT CHANGE ORDER TEMPLATE Date: Axon Product or Service: Change Order Details AXON ENTERPRISE, INC. Signature: _____________________ Name: _________________________ Title: _________________________ Date: _________________________ AGENCY Signature: _________________________ Name: ____________________________ Title: _____________________________ Date: _____________________________ 4.G.b Packet Pg. 117 Attachment: Statement of Work for Implementation of Axon Records (3257 : Agreement with Axon – Extension of Contract and Records Page 1 Q-392881-44762.889CN Q-392881-44762.889CN Issued: 07/20/2022 Quote Expiration: Estimated Contract Start Date: 10/01/2022 Account Number: 106698 Payment Terms: N30 Delivery Method: Fedex - Ground SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT 220 4th Ave S Kent Police Dept. - WA Chris Neubeck Eric Hemmen 220 4th Ave S 220 4th Ave S Phone: +1 6027080074 Phone: (253) 856-5837 Kent, WA 98032-5838 Kent, WA 98032-5838 Email: cneubeck@axon.com Email: ehemmen@kentwa.gov USA USA Fax: (480) 658-0629 Fax: (253) 856-6803 Email: Quote Summary Discount Summary Program Length 84 Months Average Savings Per Year $116,370.69 TOTAL COST $4,036,929.20 ESTIMATED TOTAL W/ TAX $4,415,142.32 TOTAL SAVINGS $814,594.86 Payment Summary Date Subtotal Tax Total Sep 2022 $525,673.50 $49,219.15 $574,892.65 Sep 2023 $579,651.30 $54,670.91 $634,322.21 Sep 2024 $586,320.90 $54,864.61 $641,185.51 Sep 2025 $586,320.90 $54,864.61 $641,185.51 Sep 2026 $586,320.90 $54,864.61 $641,185.51 Sep 2027 $586,320.90 $54,864.61 $641,185.51 Sep 2028 $586,320.80 $54,864.62 $641,185.42 Total $4,036,929.20 $378,213.12 $4,415,142.32 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 4.G.c Packet Pg. 118 Attachment: Quote from Axon Enterprises, Inc., dated 07202022 (3257 : Agreement with Axon – Extension Page 2 Q-392881-44762.889CN Quote Unbundled Price:$4,851,524.06 Quote List Price:$3,858,555.02 Quote Subtotal:$4,036,929.20 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program IR1CA Interview Room 1 Camera Advanced 4 84 $0.00 $0.00 $0.00 $0.00 $0.00 2022OSP7+Premium10Ye ar 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 166 84 $323.29 $252.23 $252.23 $3,517,095.12 $328,109.53 $3,845,204.65 IR1CA Interview Room 1 Camera Advanced 4 84 $99.25 $33,348.00 $968.50 $34,316.50 BWCamTAP10Yr Body Worn Camera TAP 10 Year Bundle 5 84 $33.38 $28.36 $0.00 $0.00 $0.00 $0.00 A la Carte Hardware 20018 TASER 7 BATTERY PACK, TACTICAL 7 $90.56 $0.00 $0.00 $0.00 $0.00 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 6 $1,810.00 $0.00 $0.00 $0.00 $0.00 AB3C AB3 Camera Bundle 6 $699.00 $699.00 $4,194.00 $423.60 $4,617.60 AB3MBD AB3 Multi Bay Dock Bundle 1 $1,495.00 $1,495.00 $1,495.00 $150.99 $1,645.99 AB3C AB3 Camera Bundle 5 $699.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software 73891 RECORDS LICENSE, NON-SWORN 28 64 $29.00 $0.00 $0.00 $0.00 $0.00 ProLicense Pro License Bundle 37 84 $39.00 $39.51 $122,797.08 $12,402.52 $135,199.60 A la Carte Services 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 64 $500.00 $5,593.75 $358,000.00 $36,157.98 $394,157.98 A la Carte Warranties 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 85 $0.44 $0.00 $0.00 $0.00 $0.00 80395 EXT WARRANTY, TASER 7 HANDLE 163 85 $6.58 $0.00 $0.00 $0.00 $0.00 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 85 $6.58 $0.00 $0.00 $0.00 $0.00 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 73 $0.44 $0.00 $0.00 $0.00 $0.00 80395 EXT WARRANTY, TASER 7 HANDLE 6 73 $6.58 $0.00 $0.00 $0.00 $0.00 Total $4,036,929.20 $378,213.12 $4,415,142.32 4.G.c Packet Pg. 119 Attachment: Quote from Axon Enterprises, Inc., dated 07202022 (3257 : Agreement with Axon – Extension Page 3 Q-392881-44762.889CN Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100126 AXON VR TACTICAL BAG 3 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100186 HTC FOCUS 3 WRIST TRACKER 6 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20296 SAMSUNG S7+ TABLET FOR VR SIMULATOR 3 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20297 SAMSUNG S7+ TABLET CASE FOR VR SIMULATOR 3 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20298 VR-ENABLED GLOCK 19 CONTROLLER 3 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20378 HTC FOCUS 3 VR HEADSET 7 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 332 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 332 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22196 TASER 7 VR CARTRIDGE, STANDOFF (3.5-DEGREE)6 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22197 TASER 7 VR CARTRIDGE, CLOSE-QUARTERS (12-DEGREE)6 09/01/2022 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 7 09/01/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 6 09/01/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 5 09/01/2022 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 7 09/01/2022 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 09/01/2022 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 1 09/01/2022 A la Carte 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 6 09/01/2022 A la Carte 20018 TASER 7 BATTERY PACK, TACTICAL 7 09/01/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 332 09/01/2023 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 332 09/01/2023 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100210 VIRTUAL REALITY TABLET REFRESH ONE 3 09/01/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20242 TASER CERTIFICATION PROGRAM YEAR 6-10 HARDWARE 166 09/01/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20373 VIRTUAL REALITY HEADSET REFRESH ONE 7 09/01/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73309 AXON CAMERA REFRESH ONE 171 09/01/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73689 MULTI-BAY BWC DOCK 1ST REFRESH 21 09/01/2024 Body Worn Camera TAP 10 Year Bundle 73309 AXON CAMERA REFRESH ONE 5 09/01/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100211 VIRTUAL REALITY TABLET REFRESH TWO 3 03/01/2026 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20374 VIRTUAL REALITY HEADSET REFRESH TWO 7 03/01/2026 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73310 AXON CAMERA REFRESH TWO 171 03/01/2026 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73688 MULTI-BAY BWC DOCK 2ND REFRESH 21 03/01/2026 Body Worn Camera TAP 10 Year Bundle 73310 AXON CAMERA REFRESH TWO 5 03/01/2026 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100212 VIRTUAL REALITY TABLET REFRESH THREE 3 09/01/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20375 VIRTUAL REALITY HEADSET REFRESH THREE 7 09/01/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73345 AXON CAMERA REFRESH THREE 171 09/01/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73347 MULTI-BAY BWC DOCK 3RD REFRESH 21 09/01/2029 Body Worn Camera TAP 10 Year Bundle 73345 AXON CAMERA REFRESH THREE 5 09/01/2029 Software Bundle Item Description QTY Estimated Start Date Estimated End Date 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100165 UNLIMITED 3RD-PARTY STORAGE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20248 TASER 7 EVIDENCE.COM LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20248 TASER 7 EVIDENCE.COM LICENSE 2 10/01/2022 09/30/2029 4.G.c Packet Pg. 120 Attachment: Quote from Axon Enterprises, Inc., dated 07202022 (3257 : Agreement with Axon – Extension Page 4 Q-392881-44762.889CN Software Bundle Item Description QTY Estimated Start Date Estimated End Date 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20370 FULL VR TASER 7 ADD-ON USER ACCESS 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73478 REDACTION ASSISTANT USER LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73618 CITIZEN FOR COMMUNITIES USER LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73680 RESPOND DEVICE PLUS LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73681 AXON RECORDS FULL 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73682 AUTO TAGGING LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73687 EVIDENCE.COM VIEWER LICENSE 1 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73739 PERFORMANCE LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73746 PROFESSIONAL EVIDENCE.COM LICENSE 166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 85760 Auto-Transcribe Unlimited Service 166 10/01/2022 09/30/2029 Interview Room 1 Camera Advanced 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 10/01/2022 09/30/2029 Interview Room 1 Camera Advanced 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 4 10/01/2022 09/30/2029 Interview Room 1 Camera Advanced 73840 EVIDENCE.COM BASIC LICENSE 1 10/01/2022 09/30/2029 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE-111 10/01/2022 09/30/2029 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 37 10/01/2022 09/30/2029 A la Carte 73891 RECORDS LICENSE, NON-SWORN 28 06/01/2024 09/30/2029 Services Bundle Item Description QTY 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 11642 THIRD-PARTY VIDEO SUPPORT LICENSE 166 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80190 Evidence.com Channel Services 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80223 INACTIVE CHANNEL ACCESS LICENSE 1 A la Carte 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 09/01/2022 09/30/2029 A la Carte 80395 EXT WARRANTY, TASER 7 HANDLE 163 09/01/2022 09/30/2029 A la Carte 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 09/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100197 HTC FOCUS 3 VR HEADSET - WARRANTY 7 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100198 AXON VR CONTROLLER KIT - WARRANTY 3 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80464 EXT WARRANTY, CAMERA (TAP)166 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80464 EXT WARRANTY, CAMERA (TAP)5 10/01/2022 09/30/2029 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP)21 10/01/2022 09/30/2029 Interview Room 1 Camera Advanced 50448 EXT WARRANTY, INTERVIEW ROOM 4 10/01/2022 09/30/2029 Body Worn Camera TAP 10 Year Bundle 80464 EXT WARRANTY, CAMERA (TAP)5 09/01/2023 09/30/2029 A la Carte 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 09/01/2023 09/30/2029 A la Carte 80395 EXT WARRANTY, TASER 7 HANDLE 6 09/01/2023 09/30/2029 4.G.c Packet Pg. 121 Attachment: Quote from Axon Enterprises, Inc., dated 07202022 (3257 : Agreement with Axon – Extension Page 5 Q-392881-44762.889CN Payment Details Sep 2022 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 6 $0.00 $0.00 $0.00 Year 4 - OSP7+P 20018 TASER 7 BATTERY PACK, TACTICAL 7 $0.00 $0.00 $0.00 Year 4 - OSP7+P 2022OSP7+Premium10Ye ar 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 166 $502,442.19 $46,872.79 $549,314.98 Year 4 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 4 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 4 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 4 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 4 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Invoice Upon Fulfillment AB3C AB3 Camera Bundle 6 $4,194.00 $423.60 $4,617.60 Invoice Upon Fulfillment AB3C AB3 Camera Bundle 5 $0.00 $0.00 $0.00 Invoice Upon Fulfillment AB3MBD AB3 Multi Bay Dock Bundle 1 $1,495.00 $150.99 $1,645.99 Year 4 - Axon ProLicense Pro License Bundle 37 $17,542.31 $1,771.77 $19,314.08 Total $525,673.50 $49,219.15 $574,892.65 Oct 2022 Invoice Plan Item Description Qty Subtotal Tax Total Invoice Upon Fulfillment BWCamTAP10Yr Body Worn Camera TAP 10 Year Bundle 5 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 Sep 2023 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 6 $0.00 $0.00 $0.00 Year 5 - OSP7+P 20018 TASER 7 BATTERY PACK, TACTICAL 7 $0.00 $0.00 $0.00 Year 5 - OSP7+P 2022OSP7+Premium10Ye ar 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 166 $502,442.19 $46,872.79 $549,314.98 Year 5 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 5 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 5 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 5 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 5 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Year 5 - Records 73891 RECORDS LICENSE, NON-SWORN 28 $0.00 $0.00 $0.00 Year 5 - Records 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $59,666.67 $6,026.33 $65,693.00 Year 5 - Axon ProLicense Pro License Bundle 37 $17,542.44 $1,771.79 $19,314.23 Total $579,651.30 $54,670.91 $634,322.21 Sep 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 6 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 6 $0.00 $0.00 $0.00 Year 6 - OSP7+P 20018 TASER 7 BATTERY PACK, TACTICAL 7 $0.00 $0.00 $0.00 Year 6 - OSP7+P 2022OSP7+Premium10Ye 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 166 $502,442.19 $46,872.79 $549,314.98 4.G.c Packet Pg. 122 Attachment: Quote from Axon Enterprises, Inc., dated 07202022 (3257 : Agreement with Axon – Extension Page 6 Q-392881-44762.889CN Sep 2024 Invoice Plan Item Description Qty Subtotal Tax Total ar Year 6 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 6 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 6 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 6 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 6 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Year 6 - Records 73891 RECORDS LICENSE, NON-SWORN 28 $0.00 $0.00 $0.00 Year 6 - Records 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $59,666.67 $6,026.33 $65,693.00 Year 6 - Axon ProLicense Pro License Bundle 37 $17,542.44 $1,771.79 $19,314.23 Year 6 - IR IR1CA Interview Room 1 Camera Advanced 4 $0.00 $0.00 $0.00 Year 6 - IR IR1CA Interview Room 1 Camera Advanced 4 $6,669.60 $193.70 $6,863.30 Total $586,320.90 $54,864.61 $641,185.51 Sep 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 7 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 6 $0.00 $0.00 $0.00 Year 7 - OSP7+P 20018 TASER 7 BATTERY PACK, TACTICAL 7 $0.00 $0.00 $0.00 Year 7 - OSP7+P 2022OSP7+Premium10Ye ar 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 166 $502,442.19 $46,872.79 $549,314.98 Year 7 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 7 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 7 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 7 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 7 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Year 7 - Records 73891 RECORDS LICENSE, NON-SWORN 28 $0.00 $0.00 $0.00 Year 7 - Records 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $59,666.67 $6,026.33 $65,693.00 Year 7 - Axon ProLicense Pro License Bundle 37 $17,542.44 $1,771.79 $19,314.23 Year 7 - IR IR1CA Interview Room 1 Camera Advanced 4 $0.00 $0.00 $0.00 Year 7 - IR IR1CA Interview Room 1 Camera Advanced 4 $6,669.60 $193.70 $6,863.30 Total $586,320.90 $54,864.61 $641,185.51 Sep 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 8 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 6 $0.00 $0.00 $0.00 Year 8 - OSP7+P 20018 TASER 7 BATTERY PACK, TACTICAL 7 $0.00 $0.00 $0.00 Year 8 - OSP7+P 2022OSP7+Premium10Ye ar 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 166 $502,442.19 $46,872.79 $549,314.98 Year 8 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 8 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 8 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 8 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 8 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Year 8 - Records 73891 RECORDS LICENSE, NON-SWORN 28 $0.00 $0.00 $0.00 Year 8 - Records 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $59,666.67 $6,026.33 $65,693.00 Year 8 - Axon ProLicense Pro License Bundle 37 $17,542.44 $1,771.79 $19,314.23 4.G.c Packet Pg. 123 Attachment: Quote from Axon Enterprises, Inc., dated 07202022 (3257 : Agreement with Axon – Extension Page 7 Q-392881-44762.889CN Sep 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 8 - IR IR1CA Interview Room 1 Camera Advanced 4 $0.00 $0.00 $0.00 Year 8 - IR IR1CA Interview Room 1 Camera Advanced 4 $6,669.60 $193.70 $6,863.30 Total $586,320.90 $54,864.61 $641,185.51 Sep 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 9 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 6 $0.00 $0.00 $0.00 Year 9 - OSP7+P 20018 TASER 7 BATTERY PACK, TACTICAL 7 $0.00 $0.00 $0.00 Year 9 - OSP7+P 2022OSP7+Premium10Ye ar 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 166 $502,442.19 $46,872.79 $549,314.98 Year 9 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 9 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 9 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 9 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 9 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Year 9 - Records 73891 RECORDS LICENSE, NON-SWORN 28 $0.00 $0.00 $0.00 Year 9 - Records 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $59,666.67 $6,026.33 $65,693.00 Year 9 - Axon ProLicense Pro License Bundle 37 $17,542.44 $1,771.79 $19,314.23 Year 9 - IR IR1CA Interview Room 1 Camera Advanced 4 $0.00 $0.00 $0.00 Year 9 - IR IR1CA Interview Room 1 Camera Advanced 4 $6,669.60 $193.70 $6,863.30 Total $586,320.90 $54,864.61 $641,185.51 Sep 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 10 - OSP7+P 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 6 $0.00 $0.00 $0.00 Year 10 - OSP7+P 20018 TASER 7 BATTERY PACK, TACTICAL 7 $0.00 $0.00 $0.00 Year 10 - OSP7+P 2022OSP7+Premium10Ye ar 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 166 $502,441.98 $46,872.79 $549,314.77 Year 10 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 192 $0.00 $0.00 $0.00 Year 10 - OSP7+P 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 $0.00 $0.00 $0.00 Year 10 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 163 $0.00 $0.00 $0.00 Year 10 - OSP7+P 80395 EXT WARRANTY, TASER 7 HANDLE 6 $0.00 $0.00 $0.00 Year 10 - OSP7+P 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 4 $0.00 $0.00 $0.00 Year 10 - Records 73891 RECORDS LICENSE, NON-SWORN 28 $0.00 $0.00 $0.00 Year 10 - Records 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $59,666.65 $6,026.33 $65,692.98 Year 10 - Axon ProLicense Pro License Bundle 37 $17,542.57 $1,771.80 $19,314.37 Year 10 - IR IR1CA Interview Room 1 Camera Advanced 4 $0.00 $0.00 $0.00 Year 10 - IR IR1CA Interview Room 1 Camera Advanced 4 $6,669.60 $193.70 $6,863.30 Total $586,320.80 $54,864.62 $641,185.42 4.G.c Packet Pg. 124 Attachment: Quote from Axon Enterprises, Inc., dated 07202022 (3257 : Agreement with Axon – Extension Page 8 Q-392881-44762.889CN Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 4.G.c Packet Pg. 125 Attachment: Quote from Axon Enterprises, Inc., dated 07202022 (3257 : Agreement with Axon – Extension Page 9 Q-392881-44762.889CN Exceptions to Standard Terms and Conditions Kent PD eligible for next iteration of Taser product line which is encompassing of all deliveries for duration of contract for hardware and services. Exceptions to Standard Terms and Conditions Agency has existing contract 00022378 (originated via Q-208651) and is terminating that contract upon the new license start date (10/1/2022) of this quote. \s1\\d1\ Signature Date Signed 7/20/2022 4.G.c Packet Pg. 126 Attachment: Quote from Axon Enterprises, Inc., dated 07202022 (3257 : Agreement with Axon – Extension Page 10 Q-392881-44762.889CN 4.G.c Packet Pg. 127 Attachment: Quote from Axon Enterprises, Inc., dated 07202022 (3257 : Agreement with Axon – Extension 00** Agreement Routing Form KENT For Approvals,Signatures and Records Management WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. Print on pink or cherry colored paper) Originator: Eric Hemmers /,146A,4L, Department: police Date Sent.June 19, 2019 Date Required: June 21, 2019 o c Authorized Director or Designee Date of fl. to Sign: Council June 18, 2019 aMayor Approval: Budget 16412258 Grant? Yes No Account Number. Type: N/A Vendor or Name: AXON Enterprises INC Categ y: Contract c Vendor 41276 Sub-Category o Number. a Project M Name: Body Worn Camera Initiative 0 Project Details: c 5 year contract for BWC equipment and cloud storage. d Basis forEAgreement $1633680.62 y Amount: Selection of Direct Negotiation L Contractor. an a Start Date: July 1, 2019 Termination Date:June 30, 2024 Notice required prior to Yes No Contract Number: tdisclosure? G }C 2o1 — Date Received by City Attorney: Comme nECE IVEDat c 3 o cc N KENT LAW DEPTn Date Routed to the Mayor's Office: 0 0 It dc- d Date Routed o the City Clerk's Offic Date Sent to Originator: City of KeRt Office of the Mayor Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 4.G.d Packet Pg. 128 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXONMaster Services and Purchasing Agreement This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc., a Delaware corporation ("Axon"), and Kent Police Department ("Agency"). This Agreement is effective as of the last signature date on this Agreement ("Effective Date").Axon and Agency are each a "Party" and collectively"Parties" This Agreement sets forth the terms and conditions for the purchase, delivery, use, and support of Axon Products and Services as detailed in Quote#Q-208651-43627,959CN (the Quote),which is hereby incorporated by reference. It is the intent of the parties that this Agreement contains the complete and exclusive statement of the agreement between the Parties relating to the matters referenced herein and replaces any prior oral or written representations or communications between the parties. In consideration of this Agreement, the Parties agree as follows: 1 Term. The term of this Agreement shall commence upon the Effective Date and shall continue for a term of five (5) years, unless terminated earlier as provided in section 15 of this Agreement. The Agency may, at its option,extend this Agreement for subsequent five(5)year terms, by providing written notice of its intent to renew at least thirty (30) days prior to the expiration of the current term. Axon services will not be authorized until a signed Quote or Purchase Order is accepted by Axon, whichever is first. Axon Evidence Subscription Term: The Axon Evidence subscription begins after shipment of the Axon body-worn cameras.If Axon ships the body-worn cameras in the first half of the month,the start date is the 1st of the following month. If Axon ships the body-worn cameras in the second half of the month,the start date is the 15th of the following month. For phased deployments,the start date begins on shipment of the first phase. For purchases solely of Axon Evidence subscriptions, the start date is the Effective Date. 2 Definitions. Axon Evidence" means Evidence.com and other software, maintenance, storage, and any product or service provided by Axon under this Agreement for use with Axon Evidence. This excludes third-party applications and my.evidence.com. Products" means all hardware, software, cloud-based services, and software maintenance releases and updates provided by Axon under this Agreement. Quote" means an offer to sell and is only valid for products and services on the quote at the specified prices.Any terms within Agency's purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Services" means all services provided by Axon pursuant to this Agreement. 3 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys' fees. 4 Taxes. Agency is responsible for sales and other taxes associated with the order, unless Agency provides Axon a valid tax exemption certificate. 5 Shipping. Axon may make partial shipments and ship Products from multiple locations. All shipments are FOB Destination via common carrier and title and risk of loss pass to the Agency upon delivery to the Agency.The Agency is responsible for any shipping charges on the Quote. The Agency may reject Products that do not match the Products listed in the Quote, are damaged, or non-functional upon receipt by Thl.: Mager S.rvkw and PurchoWn6 Agreement b rrc.nw.n Axon and Ag. y o.P rtrnant: S.NWCualomer S—k. Page 1 of 24 V.ndon: 6.0 ReWaae D.11M7016 4.G.d Packet Pg. 129 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl AXONMaster Services and Purchasing Agreement providing Axon written notice of rejection within 10 days of shipment. Failure to notify Axon within the 10 day rejection period will be deemed as acceptance of Product. 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 Hardware Limited Warranty, Axon warrants its law enforcement hardware is free from defects in workmanship and materials for 1 year from the date of Agency's receipt, except for Signal Sidearm, which Axon warrants for 30 months from the date of Agency's receipt.Axon warrants its accessories for 90-days from date of Agency's receipt. Expended conducted energy weapon ("CEW")cartridges are deemed to have operated properly. Extended warranties run from expiration of the 1-year hardware limited warranty through the extended warranty term. Non-Axon manufactured products are not covered by Axon's warranty. Agency should contact the manufacturer for support of non- Axon manufactured products. 7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured product during the warranty term, Axon's sole responsibility is to repair or replace the product with the same or like product, at Axon's option. A replacement product will be new or like new and have the remaining warranty of the original product or 90 days from the date of repair or replacement, whichever is longer. When Agency exchanges a product or part, the replacement item becomes Agency's property and the replaced item becomes Axon's property. For support and warranty service visit www.axon.ra+rllsut?L)()i-t. Before delivering a product for service,Agency must upload product 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 on the storage media or any part of the product. 7.3 Limitations. Axon's warranty excludes damage related to: (a) failure to follow Product use instructions; (b) Products used with products not manufactured or recommended by Axon; (c) abuse, misuse, intentional, or deliberate damage to the Product; (d) force majeure; (e) Products repaired or modified by persons other than Axon without Axon's written permission; or(f) Products with a defaced or removed serial number. 7.3.1 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 Product will not exceed $5,000,000. Neither Party will be liable for direct,special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or any other legal theory. 8 Product Warnings. See www.axon.cam/leg,31 for the most current Axon product warnings. 9 Design Charles.Axon may make design changes to any Axon product or service without notifying Agency or making the same change to products and services previously purchased by Agency. 10 Insurance.Axon will maintain General Liability,Workers'Compensation,and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 11 Indemnification.Axon will indemnify Agency's officers, directors, and employees ("Agency Indemnitees") from and against all claims, demands, losses, liabilities, reasonable costs and expenses arising out of a third T111.: Mortar Saml—and Verebrtng Agreement bemoan Awn anal Agency D.yeren.nr: S.I.VC-1—a1c. Page 2 of 24 V-4— 6.0 A.I.—Der. 1118mi0 4.G.d Packet Pg. 130 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXON Master Services and Purchasing Agreement party claim against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under or related to this Agreement, except to the extent of negligent acts, omissions or willful misconduct by Agency. 12 IP Rights. Axon owns and reserves all right, title, and interest in Axon products and services, related software, and suggestions to Axon. Axon has and claims proprietary rights in the hardware, firmware, software, and integration of ancillary materials, knowledge, and designs constituting Axon products and services.Agency will not directly or indirectly cause any Axon proprietary rights to be violated. 13 IP Indemnification. Axon will indemnify Agency Indemnitees from and against all claims,damages, losses, liabilities, reasonable costs and expenses arising out of or relating to any third-party claim alleging that use of Axon Products or services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. Agency must provide Axon with prompt written notice of such a claim, tender to Axon the defense or settlement of such a claim at Axon's expense, and cooperate fully with Axon in the defense or settlement of such a claim. Axon has no liability to Agency or any third party to the extent any alleged infringement or infringement claim is based upon: (a) modification of Axon Evidence by Agency or any third party not approved by Axon; b) use of Axon Evidence in connection or in combination with hardware or services not approved or recommended by Axon; (c) use of Axon Evidence other than as permitted under this Agreement; or(d) use of other than the most current release or version of any software provided by Axon as part of or in connection with Axon Evidence. 14 Agency Responsibilities. Agency is responsible for (a) its use of Axon Products; (b) breach of this Agreement or violation of applicable law by Agency or any Agency end user; and (c) a dispute between Agency and a third party over Agency use of Axon Products. 15 Termination. 15.1 For Convenience. Agency may terminate this Agreement without cause upon thirty (30) days written notice prior to the effective date of such termination. In the event that the Agency terminates this Agreement, Axon will issue a refund of any prepaid amounts on a prorated basis from the date of notice of termination. 15.2 For Breach.A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon's material breach, Axon will refund prepaid amounts on a prorated basis based on the date of notice of termination. 15.3 By Agency.The Agency is obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during the then current fiscal year. In the event that sufficient funds will not be appropriated or are not otherwise legally available to pay the fees required under this Agreement,this Agreement may be terminated by the Agency.The Agency agrees to deliver notice of termination under this Section at least 90 days prior to the end of the then current fiscal year. 15.4 For Legal Reasons. For Legal Reasons, by either Party in the event the Agency's use of Axon products is rendered unlawful or impractical pursuant to applicable state or federal law and after the exhaustion of all reasonable legal action by the Agency and Axon seeking to overturn the court Title: Merler Somicee end PerehnIng Agree"nl benaean Aron and Agency Deparfinem: Saler/Cust—service Page 3 of 24 Veolan: 6.e Release Date: 11MR918 4.G.d Packet Pg. 131 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXONMaster Services and Purchasing Agreement order or state or federal legislation that rendered the use of the products unlawful or impractical; provided, Agency shall have no obligation to take action seeking changes to federal or state legislation or rules. The Agency shall have no obligation to pay Axon a fee for any period when it is unlawful or impractical to use Axon products, unless a Court places a stay of implementation on the legal action or new law. The term of the Agreement shall be suspended during the period in which the Agency is not obligated to pay Axon and such time period shall be added to the term of the Agreement in the event, through legal action, or legislative action taken within 365 days of the passage of the original legislation which rendered it unlawful or impractical, it becomes lawful or practical to use. For the purposes of this section, "impractical" includes the inability of the Agency to use evidence obtained through Axon products in court or an instance in which court or legislative action makes the use of the product and services provided in this Agreement less than cost neutral for the Agency after taking into consideration the total cost to the Agency of utilizing the services of Axon. 15.5 Effect of Termination. Upon any termination of this Agreement:(a)all Agency rights under this Agreement immediately terminate, with the following exceptions: Warranty, Evidence.com, Data storage, Product Warnings, Indemnification, IP Rights, and Agency Responsibilities will continue to apply in accordance with their terms; (b) the Agency remains responsible for all fees incurred prior to the date of termination. If the Agency purchases Products for a value less than MSRP and this Agreement is terminated before the end of the term for a reason other than due to Axon's failure to cure a material breach or default then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid for; or(b) only in the case of termination for non-appropriations, return the Products to Axon within 30 days of the date of termination.In general, the MSRP value is paid for products received on a prorated basis for the duration of the 5-year contract at a rate of approximately 20% per year. If terminating for non- appropriations, Agency may return Products to Axon within 30 days of termination. 15.6 After Termination.Axon will not delete Agency Content for 90-days following termination. During these 90-days,Agency may retrieve Agency Content only if Agency has paid all amounts due.There will be no functionality of Axon Evidence during these 90-days other than the ability to retrieve Agency Content. The Agency will not incur additional fees if Agency Content is downloaded from Axon Evidence during this 90-day period.Axon has no obligation to maintain or provide any Agency Content after this 90-day period and will thereafter, unless legally prohibited, delete all Agency Content stored in Axon Evidence. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Evidence. 15.7 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 Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 16 Confidentialit.Axon recognizes Agency is subject to the requirements of the Washington Public Records Act (Ch. 42.56 RCW). No information given by Axon to Agency will be of a confidential nature, unless specifically designated in writing as proprietary and confidential by Axon. However, nothing in this section shall be construed contrary to the terms of the Public Records Act or similar laws, insofar as they may be applicable. Tllla: Montag S-1—and Purchodng Agra.—A beWaan Axon and Agency D. 1 ag en0 S.W./Cgnk—S-1ca Page 4 of 24 Veg.lon: 6.0 Relaeoe Uele: 1115mis 4.G.d Packet Pg. 132 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl AXONMaster Services and Purchasing Agreement 17 General. 17.1 Delays. Axon will use commercially reasonable efforts to deliver Products and services as soon as practicable. If delivery is interrupted due to causes beyond Axon's control, Axon may delay or terminate the delivery with reasonable notice. 17.2 Force Majeure. Neither Party will be liable for any delay or failure to perform under this Agreement due to a cause beyond the Parties' reasonable control, including acts of God, labor disputes, industrial disturbances, utility failures, earthquake, storms, elements of nature, blockages, embargoes, riots, acts or orders of government, terrorism, or war. 17.3 Independent Contractors.The Parties are independent contractors. Neither Party has authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 17.4 Third-Party Beneficiaries.There are no third-party beneficiaries under this Agreement. 17.5 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. 17.6 Export Compliance.Each Party will comply with all import and export control laws and regulations. 17.7 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. 17.8 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 17.9 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. 17.10 Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 17.11 Notices.All notices must be in English.Notices posted on Agency's Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices: Axon: Axon Enterprise,Inc. Scottsdale,Arizona 85255 Attn: Contracts contracts@axon.com 17800 N.85th Street THM: Mentor Services and Pumhowi ig Agreement helween Ann end Agency Depemnent: 5@1.Keelaner Semke Page 5 of 24 Vcnlcn: 6.0 g.Mees Date: 11AMIS 4.G.d Packet Pg. 133 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXONMaster Services and Purchasing Agreement Agency:City, State,Zip Attn: Email Street Address 17.12 Entire Agreement. This Agreement, including the Appendices, represent 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 representative identified below declares that the representative is authorized to execute this Agreement as of the date of signature. Axon Enterprise,Inc. DocuSigned by, Signature: SDfr1 sco'q Name: Rober Title:VP, Assoc. General Counsel 6/25/2019 1 2:38 PM MST Date: Kent Police Department Signature Name: DGwo, Q ' U(lYl Title:,- vt Date: TNH: McMer Su-cos and Pun:hadng Apra nl Wc~Anon end Apenq Depaam ft Sele./Cufto Servke Page 6 of 24 venbn: CO Neh.ar eels: 111VAIS 4.G.d Packet Pg. 134 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXONMaster Services and Purchasing Agreement Axon Evidence Terms of Use Appendix 1 Agency Content. "Agency Content" means software, data, text, audio, video, images or any content Agency end users (a) run on Axon Evidence; (b) cause to interface with Axon Evidence; or c) upload to Axon Evidence under Agency account or otherwise transfer, process, use or store in connection with Agency account. 2 Access Rights. Upon Axon granting Agency an Axon Evidence subscription, Agency may access and use Axon Evidence to store and manage Agency Content during the Axon Evidence Subscription Term. Agency may not exceed more end users than the Quote specifies. For Axon Evidence Lite,Agency may access and use Axon Evidence only to store and mange TASER CEW and TASER CAM data("TASER Data") during the Axon Evidence Subscription Term.Agency may upload non-TASER Data to Axon Evidence Light. 3 Agency Owns Agency Content. The Agency controls and owns all right, title, and interest in Agency Content and Axon obtains no rights to the Agency Content and the Agency Content are not business records of Axon. The Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content.Axon will have limited access to Agency Content solely for providing and supporting Axon Evidence to Agency and Agency end users. 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 (ISP) that includes logical, physical access, vulnerability, risk,and configuration management;incident monitoring and response;encryption of uploaded digital evidence; security education; and data protection. FBI CIS Security Addendum.Axon agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CIS) Security Addendum for the Term of this Agreement. 5 Updates. For Android applications, including Axon View, Device Manager, and Capture, Axon will use reasonable efforts to support previous version of applications for 45 days. If Agency does not update their Android application to the most current version within 45 days of release, Axon may disable the application or force updates to the non-supported application, 6 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Content; (c) ensuring no Agency Content or Agency end user's use of Agency Content or Axon Evidence violates this Agreement or applicable laws; and d) maintaining necessary computer equipment and Internet connections for use of Axon Evidence. 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 Evidence. Agency is also responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content.Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Audit log tracking for video data is an automatic feature of Axon Evidence that details who accesses Agency Content. Agency may download the audit log at any time. Agency shall contact Axon immediately if an unauthorized third party may be using Agency's account or TMIe; Maker Smkc end Purt SW p API.—I WhM Axon ud Agency Page 7 of 24 DepaMrenl tiai..•n: Nunu. lavcn Venlan: 5.0 galaae.an: ++rereote 4.G.d Packet Pg. 135 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXON Master Services and Purchasing Agreement Agency Content, or if account information is lost or stolen. 7 Privacy. Axon will not disclose Agency Content or information about Agency except as compelled by a court or administrative body or required by law or regulation. If Axon receives a disclosure request for Agency Content, Axon will give Agency immediate notice so Agency may file an objection with the court or administrative body. Agency agrees to allow Axon access to certain information from Agency to:(a)perform troubleshooting services upon request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing the use of Axon Evidence; or(c) perform analytic and diagnostic evaluations of the systems. 8 Storage. For Unlimited Axon Evidence body-worn camera subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or an Axon body-worn camera. Axon may charge additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access. 9 Location of Data 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 Evidence remains within the United States.Ownership of Agency Content remains with Agency. 10 Suspension.Axon may suspend Agency's or any end user's right to access or use any portion or all of Axon Evidence immediately upon notice, if: 10.1. The Termination provisions of this Agreement apply;or 10.2. Agency or end user's use of or registration for Axon Evidence may (a) pose a security risk to Axon Evidence or any third party; (b) adversely impact Axon Evidence, the systems, or content of any other customer; (c) subject Axon, Axon's affiliates, or any third party to liability;or(d) be fraudulent. 10.3. Axon will not delete Agency Content because of suspension, except as specified in this Agreement. it Axon Evidence Warranty. Axon warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Evidence. 12 Axon Evidence Restrictions.All Axon Evidence subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end users (including employees,contractors,agents,officers,volunteers,and directors), may not,or may not attempt to: 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence; 12.2. reverse engineer, disassemble,or decompile Axon Evidence or apply any process to derive any source code included in Axon Evidence, or allow others to do the same; 12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4. use trade secret information contained in Axon Evidence, except as expressly permitted in this Agreement; TRW ltaaler Senka and Purehaaing Agreemenl belwaen Aeon and Agency Page 8 of 24 Deparlmeal: SalealCurranar S..ka Vamlan: 6.0 Ralaew Data: 11AW010 4.G.d Packet Pg. 136 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXON Ma ster Services and Purchasing Agreement 12.5. access Axon Evidence to build a competitive product or service or copy any features, functions, or graphics of Axon Evidence; 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices)of Axon's or Axon's licensors on or within Axon Evidence; or 12.7. use Axon Evidence 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. 13 U.S.Government Rights.If Agency is a U.S. Federal department or using Axon Evidence on behalf of U.S. Federal department, Axon Evidence 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 Evidence 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 Evidence. 14 Survival.Upon any termination of this Agreement,the following sections will survive: Agency Owns Agency Content, Storage, Axon Evidence Warranty, and Axon Evidence Restrictions. This: Hexer Services and Poreheolnp Aproomenl between Anon end Apengr Page 9 of 24 DopalUn rConl: SekuAaner Semi. Venlm: 6.0 ask—pew: 11AMIS 4.G.d Packet Pg. 137 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXON Ma ster Services and Purchasing Agreement Professional Services Appendix 1 Utilization of Services.Agency must use pre-paid professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date. 2 Body-Worn Camera Full Service (BWC Full Service). BWC Full Service includes 4 consecutive days of on-site service and a professional services manager to work with Agency to assess Agency's deployment and determine which on-site services are appropriate, If Agency requires more than 4 consecutive on- site days, additional days are$2,500 per day. BWC Full Service options include: System set up and configuration Setup Axon View on smart phones (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 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 establishment of video policy and system operations best practices based on Axon's observations with other agencies Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management Provide referrals of other agencies using the Axon camera products 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 sett ln_gs 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 contracted 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 I olicies. and categories& roles guide Post o Irve review 3 Body-Worn Camera 1-Day Service (BWC 1-Day). BWC 1-Day includes one day of on-site services and a professional services manager to work closely with Agency to assess Agency's deployment and determine which services are appropriate. If Agency requires more than 1 day of on-site services, additional on-site assistance is $2,500 per day. The BWC 1-Day options include: TNI.: U.K.,5-1—d Pur h.ft Ag...-I bmwean A.-and Aganry Page 10 of 24 Dey —1, SsIaYCunomer S—In VerMon: B.0 Relesw Osfe: 1//B(lBtB 4.G.d Packet Pg. 138 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXONMaster Services and Purchasing Agreement System set up and configuration (Remote Support) Setup Axon Mobile on smart phones (if applicable) Configure categories &custom roles based on Agency need Troubleshoot IT issues with Axon Evidence and Axon Dock("Dock") access Dock configuration Work with Agency to decide 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 (BWC Virtual). BWC Virtual includes all items in the BWC 1-Day Service Package, except one day of on-site services. 5 CEW Services Packages.CEW Services Package 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 1-Day Service Package:Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the Product rollout (Project Manager).Ideally, Project Manager will be assigned to Agency 4-6 weeks prior to rollout Best practice implementation planning session to: Provide considerations for establishment of CEW policy and system operations best practices based on Axon's observations with other agencies Discuss importance of entering metadata and best practices for digital data management Provide referrals to other agencies using TASER CEW Products and Axon Evidence For the CEW Full Service Package: On-site assistance included For the CEW 1-Day Service 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 with the goal of educating instructors who can support Agency's subsequent Axon Evidence training needs. Thb: U."Se kw and Purchrinp Aprwmem between Aaon-d Appnq Page 11 ur 24 Deputrnent; SaimCuaom SerAce V`Wa 6.0 palease Deb: 11MMID 4.G.d Packet Pg. 139 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl AXON Master Services and Purchasing Agreement For the CEW Full Service Package:Training for up to 3 individuals at Agency For the CEW 1-Day Service 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 1-Day Service 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 Aclency is replacing with newer Smart__W_eapon models. Return of Old Weapons Axon's on-site professional service team will ship all old weapons back to Axon's headquarters. Axon will provide Agency with a Certificate of Destruction 7 Signal Sidearm Installation Service.If Agency purchases Signal Sidearm Installation Service, Axon will provide one day of on-site services and one professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased.Installation includes: Removal of existing connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using, appropriate screws CFunctional testing of Signal Sidearm device Agency is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreed upon installation date(s). 8 Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 9 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 10 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use, and will provide an initial itemized list to Agency. Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. Title: Momor Services and Purchasing Agreamamaalwaan Axon and Aganry Page 12of24 Dapanmenu SslaatCuMoawr Sarvlro Ver lon: 6.0 t.rtw.,,u.., tvmime 4.G.d Packet Pg. 140 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl AXONMast vicesPurchasingA nerSerandAgreement 11 Site Preparation. Axon will provide one copy of current user documentation for the Products in paper or electronic form ("Product User Documentation"). Product User Documentation will include all required environmental specifications in order for the professional services and related Products to operate in accordance with Product User Documentation. Prior to the installation of Product (whether performed by Agency or Axon), Agency must prepare the location(s) where the Products are to be installed ("Installation Site") in accordance with the environmental specifications in Product User Documentation. Following install, Agency must maintain the Installation Site in accordance with the environmental specifications.If Axon modifies Product User Documentation for any Products under this Agreement, Axon will provide the update to Agency when Axon generally releases it, 12 Acceptance.When Axon completes the professional services,Axon will present an acceptance form Acceptance Form")to Agency.Agency will sign the Acceptance Form acknowledging completion of professional services. If Agency reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement,Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and will re-present the Acceptance Form for approval and signature.If Axon does not receive the signed Acceptance Form or written notification of the reasons for rejection of within 7 calendar days of delivery of the Acceptance Form,Agency will be deemed to have accepted the professional services. 13 Agency Network. For work performed by Axon transiting or making use of Agency's network, Agency is solely responsible for maintenance and functionality of the network.In no event will Axon be liable for loss, damage, or corruption of Agency's network from any cause. TMIs: M.m SmIcwendP—ha.InpAgr".W b9~A.--dApanry Page 13 of 24 UBp Nnenl: S.1-YCUNo—SM11. Venlon: 6,0 Ref—0.: 11A M1B 4.G.d Packet Pg. 141 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl AXON Master Services and Purchasing Agreement Technology Assurance Plan Appendix If Technology Assurance Plan ("TAP") or a bundle including TAP is on the Quote, this appendix applies. 1 Term.TAP begins after shipment of the hardware covered under TAP.If Axon ships hardware in the first half of the month, TAP starts the 1st of the following month. If Axon ships hardware in the second half of the month, TAP starts the 15th of the following month. ("TAP Term"). 2 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year Hardware Limited Warranty. 3 mare Product.Axon will provide Agency a predetermined number of spare Products for hardware items and accessories listed in the Quote ("Spare Products"). Spare Products will replace broken or non-functioning units. If Agency utilizes a Spare Product, Agency must return to Axon, through Axon's warranty return process, any broken or non-functioning units. Axon will repair the non- functioning unit or replace with a replacement Product. Upon termination,Axon will invoice Agency the MSRP then in effect for all Spare Products provided under TAP. If Agency returns the Spare Products to Axon within 30 days of the Spare Product invoice date, Axon will issue a credit and apply it against the Spare Product invoice. 4 Officer Safety Plan Standard. The Officer Safety Plan Standard ("OSP Standard") includes Axon Evidence Unlimited, TAP for Axon body-worn camera and Axon Dock, one TASER X2 or X26P CEW with a 4-year extended warranty, one CEW battery, and one CEW holster. Agency must purchase OSP for 5 years("OSP Term").At any time during the OSP Term,Agency may choose to receive the X2 or X26P CEW, battery and holster by providing a $0 purchase order. 5 Officer Safety Plan 7. Both the Officer Safety Plan 7 ("OSP 7") and Officer Safety Plan 7 Plus ("OSP 7 Plus") include Axon Evidence Unlimited, TAP for Axon body-worn camera and Axon Dock, one TASER 7 Certification Plan, Axon Records, and Axon Aware. OSP 7 Plus also includes Axon Aware Plus, Signal Sidearm,Auto-Tagging,Axon Performance, Axon Redaction Assistant,and Axon Citizen for Communities. Both OSP 7 offerings are subject to additional terms for services in their bundle. Agency must purchase an OSP 7 subscription for every TASER 7 CEW user. Agency must accept delivery of TASER 7 CEW and accessories as soon as available from Axon. Agency acknowledges some offerings in the OSP 7 bundles may not be generally available at the time of Agency's OSP 7 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 OSP 7 bundle. 6 OSP 7 Term. OSP 7 bundles begin after Axon ships the first Axon Body 3 or TASER 7 device to Agency.If Axon ships in the first half of the month, the start date is the 1st of the following month. If Axon ships in the second half of the month,the start date is the 15th of the following month. For phased deployments, each phase has its own start date and end date based on the first shipment of that phase, in accordance with the above. Each OSP 7 will run 5 years from the OSP 7 start date OSP 7 Term"), 7 TAP Body-Worn Upgrade. If Agency purchased 3 years of Axon Evidence Unlimited or TAP as a standalone and makes all payments, Axon will provide Agency a new Axon body-worn camera 3 years after TAP starts ("Body-Worn Upgrade"). If Agency purchases 5 years of Axon Evidence I W.: U.",S. W..uld Pa h.p Ag,..m..1 W w..n A.-and AV.nry Page 14 of 24 O.;. nl: S.I..IC."b S.M.. Veldan: 6 0 R.l—Dal.: 1111WO 4.G.d Packet Pg. 142 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl AXON Master Services and Purchasing Agreementreement Unlimited, an OSP, or TAP as a standalone and makes all payments, Axon will provide Agency a Body-Worn Upgrade 2.5 and 5 years after TAP starts. Axon may ship the Body-Worn Upgrade at year 2.5 without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance.In year 5,Axon may ship the Body-Worn Upgrade 60 days before the end of the TAP Term without prior confirmation from Agency. 7.1. TAP as a Stand-alone.If Agency purchased TAP as a standalone,Axon will provide a Body- Worn Upgrade that is the same or like product,at Axon's option.Axon makes no guarantee the Body-Worn Upgrade will utilize the same accessories or Axon Dock.If Agency wants to change product models for the Body-Worn Upgrade,Agency must pay the price difference between the MSRP of the offered Body-Worn Upgrade and the MSRP of the model Agency is acquiring.The MSRP will be the MSRP in effect at the time of the upgrade. Axon will not provide a refund if the MSRP of the new model is less than the MSRP of the offered Body- Worn Upgrade. 7.2. OSP or Unlimited TAP. If Agency purchased Axon Evidence Unlimited or an OSP, Agency may choose a new on-officer video camera of Agency's choice. 8 TAP Dock Upgrade, If Agency purchased TAP for Axon Dock, Axon Evidence Unlimited, or an OSP, Axon will upgrade the Axon Dock with a new Axon Dock("Dock Upgrade").If Agency purchased 3 years of Dock TAP,Axon will provide the Dock Upgrade 3 years after TAP starts.If Agency purchased 5 years of Dock TAP, Axon will provide a Dock Upgrade 2.5 and 5 years after TAP starts. The Dock Upgrade at year 2.5 will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for body camera compatibility. Axon may ship the Dock Upgrade at year 2.5 without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. In year 5, Axon may ship the Dock Upgrade 60 days before the end of the TAP Term without prior confirmation from Agency.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 product, at Axon's option.If Agency originally purchased a multi-bay Axon Dock,the Dock Upgrade will be a multi-bay Axon Dock model that is the same or like product, at Axon's option. If Agency would like to change product models for the Dock Upgrade or change the number of bays, Agency must pay the price difference between the MSRP for the offered Dock Upgrade and the MSRP for the model desired. The MSRP will be the MSRP in effect at the time of the upgrade. Axon will not provide a refund if the MSRP of the new model is less than the MSRP of the offered Dock Upgrade. 9 Return of Original Product.If Axon provides a warranty replacement 6 months before the date of a Body-Worn Upgrade or Dock Upgrade, that replacement is the upgrade. Within 30 days of receiving a Body-Worn or Dock Upgrade, Agency must return the original Products to Axon or destroy the Products and provide a certificate of destruction to Axon including serial numbers for the destroyed Products.If Agency does not return or destroy the Products, Axon will deactivate the serial numbers for the Products received by Agency. 10 Termination. If Agency's payment for TAP, OSP, or Axon Evidence is more than 30 days past due, TDIe: Man•r Servkw and Purchasing Agrwman Oehwa A•an and Agency Page 15 of 24 DepaMmg; 6alealCuM nw!Servke V•ralan: 6.0 1.1—Dare: 11AW"18 4.G.d Packet Pg. 143 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXONMaster Services and Purchasing Agreementreement Axon may terminate TAP or OSP, Once TAP or OSP terminates for any reason: 10.1. TAP and OSP coverage terminates as of the date of termination and no refunds will be given.Axon will not provide the free upgrades. 10.2. Agency make any missed payments due to the termination before Agency may purchase any future TAP or OSP. 10.3. If any OSP terminates before the end of the OSP term,for a reason other than due to Axon's failure to cure a material breach or default then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid for, or (b) only in the case of termination for non-appropriations, return the Products to Axon within 30 days of the date of termination. In general, the MSRP value is paid for products received on a prorated basis for the duration of the 5-year contract at a rate of approximately 20% per year. Me: Mawr S.,vkm.nd Pwcbaing AOraarn v Dalwaaa Axon and AOanry P.Jgc It;of 2,1 DaparanaM: $81"K40wrrwr Sank. Wuion: id Naka.a Data: 114 019 4.G.d Packet Pg. 144 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXON Master Services and Purchasing AgreementsgAgeeme TASER 7 Appendix This TASER 7 Appendix applies to Agency's TASER 7, OSP 7, or OSP 7 Plus purchase from Axon 1. Term, If Agency purchases TASER 7 as part of OSP 7 or OSP 7 Plus, the start date for TASER 7 is the OSP 7 Term start date. Otherwise, the start date is based on initial shipment of TASER 7 hardware TASER 7 Start Date"). If Axon ships TASER 7 hardware in the first half of the month, the TASER 7 Start Date is the 1st of the following month. If Axon ships TASER 7 hardware in the last half of the month, the TASER 7 Start Date is the 15th of the following month. The TASER 7 term will end upon completion of the associated TASER 7 subscription in the Quote("TASER 7 Term").If the Quote has multiple TASER 7 ship dates,each shipment will have its own 60-month term,starting on the shipment of TASER 7 as described above. 2. Unlimited Duty Cartridge Plan. If the Quote includes "Unlimited Duty Cartridge Plan", Agency must purchase an Unlimited Duty Cartridge Plan for each CEW user.A CEW user includes officers that use a CEW in the line of duty, and ones that only use a CEW for training. Agency may not resell cartridges received under any TASER 7 plan.Axon will only replace cartridges used in the line of duty. 3. Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of Issuance, or the voucher will be void. During the TASER 7 Term, Axon will issue Agency a voucher annually beginning on the TASER 7 Start Date. The voucher has no cash value. Agency cannot exchange it for another product or service. If the Quote includes Axon Online Training or Virtual Reality Content (collectively, "Training Content"), Agency may access Training Content during the TASER 7 Term. Axon will deliver all Training Content electronically. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency's responsibility. 4. Extended Warranty. If the Quote includes a TASER 7 plan (TASER 7 Basic - Upfront Plus Subscription, TASER 7 Basic - Subscription, or TASER 7 Certification), extended warranty coverage is included for the TASER CEW, dock and core, and rechargeable battery as described in the Hardware Limited Warranty.TASER 7 plans extended warranty coverage begins on the TASER 7 Start Date and continues for the TASER 7 Term.If the Quote does not include a TASER 7 plan, Agency may purchase extended warranties to provide coverage. S. Spare Products. Axon may provide Agency a fixed number of spares for TASER 7 hardware in the Quote ("Spare Products"). Spare Products will replace non-functioning units.If Agency uses a Spare Product, Agency must return non-functioning units to Axon, and Axon will repair or replace the non- functioning unit. If Agency does not return Spare Products to Axon within 30 days of termination of this Agreement,Axon will invoice Agency the MSRP then in effect for all unreturned Spare Products, 6. Trade-In. If a trade-in discount is on the Quote,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 discount. Agency may not destroy Trade-In Units and receive a trade-in discount. Agency Size Days to Return from TASER 7 Start Date Less than 100 officers 30 days Mi.: Naeer S—icas and Purchasing Agreement between Axon and Agency Page 17 of 24 Deg Mmnl: S.1a tCuebeter Se ke Veneon: 10 Hateaw Dale: 111U1018 4.G.d Packet Pg. 145 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXONMaster Services and Purchasing Agreement 100 to 499 officers 90 days 500+ officers 180 days 7. Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency's TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: 7.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given. 7.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. 7.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. Na«. uaaa.sm 1—aj,C)Pau,ma«EAU—mamwtw Axw and Apuncy Page 18of24 DapV-1— f'a galaw Oeta: 17Af7 7 4.G.d Packet Pg. 146 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXON Master Services and Purchasing Agreement TASER 7 Axon Evidence Terms of Use Appendix 1 Subscription Term. The TASER 7 Axon Evidence Subscription Term begins on the TASER 7 or OSP 7 Start Date. 2 TASER 7 Agency Content. "TASER 7 Agency Content" means software, data, text, audio, video, images or other content any of Agency's end users (a) run on Axon Evidence; (b) cause to interface with Axon Evidence; or (c) upload to Axon Evidence under Agency account or otherwise transfer, process, use or store in connection with Agency account. 3 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 Axon Evidence Subscription Term. Agency may not upload any non-TASER 7 data or any other files to Axon Evidence.Agency may not exceed the number of end users than the Quote specifies. 4 Agency Owns TASER 7 Agency Content. Agency controls and owns all right,title, and interest in and to TASER 7 Agency Content and except as otherwise outlined herein, Axon obtains no interest in Agency Content, and Agency Content are not business records of Axon. Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of TASER 7 Agency Content. Axon will have limited access to TASER 7 Agency Content solely for providing and supporting Axon Evidence to Agency and Agency end users. 5 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. Agency acknowledges and agrees that Axon may access Agency Content in order to: (a) perform troubleshooting services upon request or as part of Axon's maintenance or diagnostic screenings;(b)enforce this Agreement or policies governing use of Axon Evidence Services; (c) generate aggregated data, excluding information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (collectively, "PU"), to improve, analyze, support, and operate Axon's current and future products and services. 6 Axon Evidence Terms of Use Appendix. To the extent not in conflict with the terms in this Appendix,all terms in the Axon Evidence Terms of Use Appendix also apply to use of TASER 7 with Axon Evidence. TAN: NaNr Services and Nrchaing Agreemea belvnan Anon and Agency Page 19 of 24 Department; Sith"uetomer Service Version: SA NaNea Date: 111IM1e 4.G.d Packet Pg. 147 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXONMaster Services n Purchasing mceandhasinucgAgreement Axon Auto-Tagging Appendix 1 Scone. Axon Auto-Tagging consists of development of an integration module to allow Axon Evidence to interact with Agency's Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows end users to auto populate Axon video meta-data with a case ID, category, and location based on data maintained in Agency's CAD or RMS. Agency must purchase Axon Auto-Tagging for every Axon Evidence user in Agency, even if the user does not have an Axon body camera. 2 Support. After completing Auto-Tagging Services, Axon will provide up to 5 hours of remote support at no additional charge.Axon will provide free support due to a change in Axon Evidence, so long as long as Agency maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS. 3 Changes to Services. 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 Aar Responsibilities.Axon's performance of Auto-Tagging Services requires Agency: 4.1. Making available relevant systems,including Agency's current CAD or RMS,for assessment by Axon (including remote access if possible); 4.2. Making required modifications, upgrades or alterations to Agency's hardware, facilities, systems and networks related to Axon's performance of Auto-Tagging Services; 4.3. Providing access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions,and allowing Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services; 4.4. Providing all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services; 4.5. Promptly installing and implementing any and all software updates provided by Axon; 4.6. Ensuring that all appropriate data backups are performed; 4.7. Providing assistance, participation, and approvals in testing Auto-Tagging Services; 4.8. Providing Axon with remote access to Agency's Axon Evidence account when required; 4.9. Notifying Axon of any network or machine maintenance that may impact the performance of the integration module at Agency; and 4.10. Ensuring reasonable availability of knowledgeable staff and personnel to provide timely, accurate,complete, and up-to-date documentation and information to Axon. 5 Access tQS ems. Agency authorizes Axon to access Agency's relevant computers, network systems,and CAD or RMS solely for performing Auto-Tagging Services.Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use, and will provide an initial list to Agency. Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. TWO: Mader Seivicee uW Purchasing Agreement between Axon and Agency Page 20 of 24 Department SeledCuMurn.r Service V.,W-: 6.6 R.I.—ON.; 11AM16 4.G.d Packet Pg. 148 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl AXON Master Services and Purchasing Agreement Axon Aware Appendix This Axon Aware Appendix applies to both Axon Aware and Axon Aware Plus. Axon Aware Plus also includes Axon Aware, 1 Axon Aware Subscription Term. If Agency purchases Axon Aware as part of a bundled offering, the Axon Aware subscription begins on the later of: (1) the start date of that bundled offering, or 2) the date Axon provisions Axon Aware to Agency. If Agency purchases Axon Aware as a standalone, the Axon Aware subscription begins the later of: 1) the date Axon provisions Axon Aware to Agency, or(2) the first day of the month following the Effective Date. The Axon Aware subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Aware. 2 LTE Requirements. Axon Aware 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' consent. 3 Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Aware, or for bundles that include Axon Aware, Axon will end LTE service, TMI.: Meals 5.rvkw m0 P—hrhp Agr..me A b.t~A.-.m1 Ag.my Page 21 of 24 Np.rtm l: S.W.CCwbI110f S.*. V.,I*n: IA Re leave Oat.: 111uniE 4.G.d Packet Pg. 149 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 AXONMaster Services and Purchasing Agreementsg Axon Records Appendix 1 Axon Records Subscription Term.If Agency purchases Axon Records as part of a bundled offering, the Axon Records subscription begins on the later of: (1)the start date of that bundled offering, or 2) the date Axon provisions Axon Records to Agency. If Agency purchases Axon Records as a standalone, the Axon Records subscription begins the later of(1)the date Axon provisions Axon Records to Agency or(2)the first day of the month following the Effective Date. 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 bundle, upon completion of the OSP 7 Term ("Axon Records Subscription"). 2 Agency Records Content. "Agency Records Content" means software, data, text, audio, video, images or any content Agency end users (a) run on Axon Records (b) cause to interface with Axon Records, or (c) upload to Axon Records under Agency account or otherwise transfer, process, use or store in connection with Agency account. 3 Access Rights. Upon Axon granting Agency an Axon Records subscription,Agency may access and use Axon Records to store and manage Agency Records Content during the Records Subscription Term.Agency may not exceed the number of end users than the Quote specifies. 4 Axon Records Core. Axon Records Core includes the following applications: Report Writer, NIBRS Incident Reporting, Axon Evidence Integration, Case Management, Civil & Protection Orders (early 2020), Physical Property, Information Exchange Access, APIs.Additional applications, as well as any Axon services needed to configure Axon Records, are not included in the Axon Records Core fee or any bundle that includes Axon Records Core. 5 Agency Owns Agency Records Content.Agency controls and owns all right, title, and interest in Agency Records Content. Except as outlined herein, Axon obtains no interest in Agency Records Content, and Agency Records Content are not business records of Axon. Agency is solely responsible for uploading,sharing,managing,and deleting Agency Records Content.Axon will have limited access to Agency Records Content solely for providing and supporting Axon Records to Agency and Agency end users. 6 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Records Content against accidental or unlawful loss,access or disclosure.Axon will maintain a comprehensive information security program including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital records;security education;and data protection.Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 7 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Records Content and no Agency Records Content or Agency end user's use of Agency Records Content or Axon Records violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for Tllla: Yaeter Servkee and Pwchating Agreement between Axon and Agency Page 22 of 24 Depuunem: SalaYCeebmer Service Venal— &0 Won-Date: 11t8=18 4.G.d Packet Pg. 150 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-Cl1C-4E02-8ACB-C1FF45782BE1 AXONMaster Services and Purchasing Agreementreement use of Axon Records, 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 Records. Agency is also responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Records Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Audit log tracking for video data is an automatic feature of Axon Records that details who accesses Agency Records Content. Agency may download the audit log at any time. Agency shall contact Axon immediately if an unauthorized third party may be using Agency's account or Agency Records Content or if account information is lost or stolen. 8 Privacy. Axon will not disclose Agency Records Content or information about Agency except as compelled by a court or administrative body or required by law or regulation. If Axon receives a disclosure request for Agency Records Content, Axon will give Agency notice so Agency may file an objection with the court or administrative body. Agency agrees to allow Axon access to certain information from Agency to:(a)perform troubleshooting services upon request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing the use of Axon Records; or c) perform analytic and diagnostic evaluations of the systems. Agency hereby grants Axon an irrevocable, worldwide, royalty-free license to use Agency Content to enable Axon to create derivative works of 'scrubbed' Agency Content (collectively, "Derivative Data"). Axon may use Derivative Data to provide services to Agency, or to operate, maintain, improve, or create new products and services. Notwithstanding the foregoing and except as provided in this Agreement, Axon shall not disclose Agency Content or Derivative Data containing PII to any third party, and it will exercise commercially reasonable efforts to limit PII in Derivative Data, including, without limitation, encrypting Derivative Data in transit and stripping PII from metadata. 9 Location of Data Storage. Axon may transfer Agency Records Content to third party subcontractors for storage.Axon will determine the locations of data centers where Agency Records Content will be stored. For United States agencies, Axon will ensure all Agency Records Content stored in Axon Records remains within the United States. Ownership of Agency Records Content remains with Agency. 10 Suspension.Axon may suspend Agency's or any end user's right to access or use any portion or all of Axon Records immediately upon notice, if: 10.1. The Termination provisions of this Agreement apply; or 10.2. Agency or end user's use of or registration for Axon Records may(a) pose a security risk to Axon Evidence or any third party, (b) adversely impact Axon Records, 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 and charges incurred through suspension. Axon will not delete Agency Records Content because of suspension, except as specified in this Agreement. 11 Axon Records Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Records. No; Wwar Ssnk"-d Pu,ch.Mo AOroa (hates A...end Apenry Page 2.3 of 2.1 Dep.M-nl: S.kWCu9—r=.. Ven S,0Halebn:sae D.b: 11N/t010 4.G.d Packet Pg. 151 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-Cl1C-4E02-8ACB-C1FF45782BE1 AXON Master Services and Purchasing Agreement 12 Axon Records Restrictions. All Axon Records subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end users (including employees, contractors, agents,officers, volunteers, and directors), may not, or may not attempt to: 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Records; 12.2. reverse engineer, disassemble, or decompile Axon Records or apply any other process to derive any source code included in Axon Records, or allow any others to do the same; 12.3. access or use Axon Records with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4. use trade secret information contained in Axon Records, except as expressly permitted in this Agreement; 12.5. access Axon Records to build a competitive product or service or copy any features, functions, or graphics of Axon Records; 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Records; or 12.7. use Axon Records to store or transmit infringing, libelous,or otherwise unlawful or tortious material, to store or transmit material in violation of third party privacy rights, or to store or transmit malicious code. 13 After Termination. Axon will not delete Agency Records Content for 90-days following termination. During these 90-days, Agency may retrieve Agency Records Content only if Agency has paid all amounts due.There will be no functionality of Axon Records during these 90-days other than the ability to retrieve Agency Records Content, Agency will not incur additional fees if Agency downloads Agency Records Content from Axon Records during this time. Axon has no obligation to maintain or provide any Agency Records Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Records Content stored in Axon Records. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Records Content from Axon Records, 14 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 Records Content, including requests for Axon's Data Egress Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 15 U.S. Government Rights.If Agency is a U.S. Federal department or using Axon Records on behalf of U.S. Federal department, Axon Records 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 Records 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 Records. 16 Survival. Upon any termination of this Agreement,the following sections will survive: Agency Owns Agency Records Content, Storage, Axon Records Warranty, and Axon Records Restrictions. INIG: MaRar501was and Purch"IngAgreenn-I between A—and Agency Page 2,1of24 DeparV..I: SaIe.KWlamer S.M. Ve.I.n: 6,0 R.I..a Dar.: 11/10416 4.G.d Packet Pg. 152 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 STATEMENT OF WORK DOCUMENT Axon Channel Services Created For: Kent Police Department Sold By: Chris Neubeck Designed By: Jason South Deployed Axon PSO By: Page 1 of 7 4.G.d Packet Pg. 153 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl MIGRATION OVERVIEW CUSTOMER NAME Kent Police Deparment SUM Addrow Cay. 220 41"Avenue South Kent STATE or country zip COM WA 98032 AGENCY CONTACT(NAME). AGENCY CONTACT EMAILM"ONEaf. AGENCY AXON GEMS. AXON EVIDENCE URt Evidence.com Channel Services Summary Sin Total Data Customer.Data Source VerIPic Data Types Multiple,including proprietary/non-standard coders Details Axon will perform the migration of data remotely In accordance with Statement of Work below. CHANNEL SERVICE DETAILS The following sections detail the channel services to be provided Data Details Total Data 2.5 Terabytes of digital data will be imported in Axon Evidence Evidence Audit Trails 0 Will be ingested from VeriPic database ustomer will work with Axon to mutually determine and agree on appropriate Axon Evidence fields to map this metadata. This can be described in the metadata mapping matrix. Metadata NOM Service Page 2 of 7 4.G.d Packet Pg. 154 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 Axon will facilitate the one-time migration of evidence data indicated in the data details Channel Service section of this document to customer's Axon Evidence instance for storage and management. Playback of assets migrated is not necessarily supported in Axon Evidence, this can be verified prior to initiation of services by ingesting a sample of each file type into Axon Evidence. An Axon Field Engineer(AFE)will develop the migration software, The AFE will remotely install and run the software on customer's network to facilitate the migration directly to your Axon Evidence instance. Evidence will be encrypted during transfer and securely hashed to verify completion and authenticity of migrated evidence. At the completion of the channel services,Axon will notify customer and provide verification reports. These reports include hash comparisons for authenticating the data migrated. When customer has verified migration of all requested data,customer may uninstall migration software and delete the legacy data in accordance with your policies. Prior to the start of the project: Preliminary Work Customer will cease ingestion of new data into legacy system. Customer must facilitate an export of assets from legacy system back to their original format(i.e. .jpg). Customer will create a backup of this database. Database copy must have a matching name to map it to the exported assets(i.e.filename) Customer will create API clients via Axon Evidence administrative interface with documentation and support from Axon Project Manager Customer will create or designate sample files to test the migration tool. Sample files should be from the same source as evidence being migrated. Customer will securely share API client outputs,database copy,and sample files via an access controlled Sharepoint folder,OneDrive folder,or a customer provided tool. Access to the database is solely for the purposes of the Axon Field engineer to review the data structure,develop,and test the migration software. NOTE:Customer may also provide secure network access through a Zoom meeting or customer provided VPN to the copy of the database and the sample Iles. Axon Field Engineer will remote in to the sample environment for the development and testing of the migration software. n Axon Field Engineer(AFE)will develop and test migration software using the provided database copy and sample files. Customer resource shall be made reasonably available throughout development to support navigation of legacy database and validation of the Axon Evidence fields to map metadata. Upon completion of development Axon Project Manager will schedule a call with customer Testing and Validation stakeholders. Axon will demonstrate a migration into test Axon Evidence instance. Customer will sign off that the required metadata fields are present and match up to mutually agreed Axon Evidence fields. Page 3 of 7 4.G.d Packet Pg. 155 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 Upon completion and validation of the software,customer will provide admin credentials to he legacy database copy. This can be done by creating a user in the legacy system with administrative rights with the below credentials, Username:MigrationServices Transfer facilitation Method Password:AxonMigrationI When admin credentials are provided,customer will provide AFE network access to install and run the migration software. Remote access can be provided through a Zoom meeting or customer provided VPN. n AFE will access customer network to install and run the migration software.This will run n customer network directly to your Axon Evidence instance. Evidence will be encrypted wring transfer and securely hashed to verify completion and authenticity of migrated evidence. During migration,Axon's Field engineer will periodically access customer network to check he migration status and verify its operation.Axon Field Engineer will review failure logs to identify and rectify any issues and retry to migrate any failures.At the completion of the migration any unresolved failures will be provided in a report to the customer. Technical Resources Customer will provide access to a modern Windows server on customer network as Hardware Specifications detailed in the server specifications document in Appendix 1. API requests require HTTPS port 443, network IP should be whitelisted in customer Axon Connectivity Specifications Evidence account. Migration speed is dependent on bandwidth availability at customer site. Customer will ensure reasonable availability by phone or email of knowledgeable staff and Availability personnel,system administrators,and operators to provide timely,accurate,complete, and up-to-date documentation and information to Axon including but not limited to explanation and verification of metadata mapping and facilitating network access. Page 4 of 7 4.G.d Packet Pg. 156 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 Agreement Axon will assign a Project Manager that will provide the expertise to execute a successful Project Management migration.The Project Manager will have knowledge and experience with all phases of the project management lifecycle and service being implemented. He/she will work closely with the customer's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and on budget. At the completion of the migration,Axon will notify customer,provide verification Acceptance reports,and an acceptance form. Upon receipt of notification,customer is responsible for reviewing provided reports and Axon Evidence auditing tools to verify that the scope of the project has been completed including but not limited to the migration and hash verification of all requested of data,metadata,and audit trails.Acceptance forms must be accepted or rejected within ten business days of receipt or acceptance is automatically verified. Data Ownership 1.All digital evidence stored on Axon's Axon Evidence is owned by the customer.Our Data Ownership contracts are constructed to ensure that you retain all ownership of your data.Should the agreement be terminated,Axon will provide access for the Agency to securely migrate its own data or offer a service for Axon to migrate the data on behalf of the Agency. 2.All digital evidence stored on the Axon Evidence platform is owned by the agency and can be exported at any time.This process can be facilitated in a number of ways including he bulk export feature. If your agency wishes to extract all data stored in the application, data is exported in the format it was recorded(MP4 for Axon captured files).The simplest method for data/metadata return is via system APIs.Axon's API manual will be made available upon request,which details steps for developers to follow for this contingency. This would facilitate the return of data with minimal cost and high efficiency. Page 5 of 7 4.G.d Packet Pg. 157 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-C11C-4E02-8ACB-C1FF45782BE1 Axon Enterprise Inc. By signing this Statement of Work,you are agreeing to the items set forth in this document and Axon's Master Services&Purchasing Agreement and Channel Services Appendix.You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity,such as the company,municipality,or government agency you work for,you represent to Axon that you have legal authority to bind that entity.If you do not have this authority,do not sign Statement of Work. Changes to the scope of this SOW must be documented and agreed upon by the Parties in a change order.If the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon,an equitable adjustment in the charges or schedule will be agreed upon by the Parties and included in the change order,signed by both Parties. D)--Signature: Date: Name(Print): 1Ji ,a—)A1 Title: A a I lor Page 6 of 7 4.G.d Packet Pg. 158 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records DocuSign Envelope ID:256DC69E-Cl1C-4E02-8ACB-C1FF45782BEl Appendix 1 System Requirements and Firewall Permissions Customer will provide access to a modern Windows server to install and run migration tool. Server should be running on customer network Server should have connection to the legacy database Server should have connection to file repository(s) Server Hardware Requirements Minimum Recommended Processor 1x Quad-Core Intel Xeon E3 2x Quad-Core Intel Xeon E5 1.7 GHz) 2.66 GHz) Memory 32 RAM GB 64 GB RAM Internal Drive 500 GB HDD 500 GB SSD Network 10/100 Ethernet Gigabit Ethernet Operating Windows Server 2008 R2 Windows Server 2012 R2 System DB Server Depending on the configuration and location of the legacy DB server, file repository, and customer's firewall, some special configuration might be required to ensure communication with the server where the migration application is running. Ports The following ports should be opened: Outbound HTTPS 443 Outbound 53 Outbound 1 80 Page 7 of 7 4.G.d Packet Pg. 159 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records STATEMENT OF WORK DOCUMENT Created For:Kent Pollce Departmênt Sold Deslgned By: Chris Neubeck Jason South Axon PSO Page I of 7 4.G.d Packet Pg. 160 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records MIGRATION OVERVIEW CHANNEL SERVICE DETAILS The following sections detail the channel services to be provided Doto Detoils Service Page2of T CUSTOMER NAMÊ Kent Police Deparment Strêet Addresii 220 4th Avenue South Clty: Kent STATE or Country; WA ztP cooE: 98032 AGENCY CONTACT (NAME}:AGENcY coNTACT €MAIVPHoNÊ#r AGENCY AXON DEMS: Eviderrce,com AXON EVIDENCE URL Channel Services Summary Total Data 5T8 Customer Data Source . VeriPic Data Types Multiple, including proprietary/non-standard codecs Detalls {xon will perform the migration of data remotely in accordance with statement of Work below Total Data 2.5 Terabytes of digital data will be imported in Axon Evidence Evidence Audit Tralls Will be ingested from VeriPic database Metadata 3ustomer will work with Axon to mutually determine and agree on appropriate Axon vidence fields to map this metadata. This can be described in the metadata mapping matrix. Notes 4.G.d Packet Pg. 161 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Channel Service Axon will facilitate the one-time migration of evidence data indicated in the data details section of this document to customer's Axon Evidence instance for storage and management. Playback of assets m¡grated is not necessarily supported in Axon Evidence, this can be verified prior to initiation of services by ingesting a sample of each file type into Axon Evidence. An Axon Field Engineer (AFE) will develop the migration software. The AFE will remotely install and rutl the softwat'e otl custonter's ttctwurk l-u l¿ciliLaLe tlre rrrigraliurr rJirectly Lu your Axon Evidence instance. Evidence will be encrypted during transfer and securely hashed to verify completion and authenticity of migrated evidence. At the completion of the channel services, Axon will notify customer and provide verificatior reports. These reports include hash comparisons for authenticating the data migrated. When customer has verified migration of all requested data, customer may uninstall migration software and delete the legacy data in accordance with your policies. Preliminary Work Prior to the start of the project: Customer will cease ingestion of new data into legacy system. Customer must facilitate an export of assets from legacy system back to their original format (i.e. .jpg). Customer will create a backup of this database. Database copy must have a matching name to map it to the exported assets (i.e. filename) Customer will create API clients via Axon Evidence administrative interface with documentation and support from Axon Project Manager Customer will create or designate sample files to test the migration tool, Sample files should be from the same source as evidence being migrated, Customer will securely share API client outputs, database copy, and sample files via an access controlled Sharepoint folder, OneDrive folder, or a customer provided tool. ccess to the database is solely for the purposes of the Axon Field engineer to eview the data structure, develop, and test the migration software. tIOTE: Customer may also provide secure network access through a Zoom reeting or customer provided VPN to the copy of the database and the sample iles. Axon Field Engineer will remote in to the sample environment for the jevelopment and testing of the migration software. I Testing and Validation An Axon Field Engineer (AFE) will develop and test migration software using the provided database copy and sample files. Customer resource shall be made reasonably available throughout development to support navigation of legacy database and validation of the Axon Evidence fields to map metadata. Upon completion of development Axon Project Manager will schedule a call with customer stakeholders. Axon will demonstrate a migration into test Axon Evidence instance. Customer will sign off that the required metadata fields are present and match up to mutually agreed Axon Evidence fields, Page 3 of 7 4.G.d Packet Pg. 162 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Upon completion and validation of the software, customer will provide admin credentials to ihe legacy database copy. This can be done by creating a user in the legacy system w¡th dministrative rights with the below credentials. Username: MigrationServices Password: AxonMigration I üVhen admin credentials are provided, customer will provide AFE network access to install nd run the migration software. Remote access can be provided through a Zoom meeting or ustomer provided VPN. An AFE will access customer network to install and run the migration software. This will run cn customer network directly to your Axon Evidence ¡nstance. Evidence will be encrypted Curing transfer and securely hashed to verify completion and authenticity of migrated evidence. During migration, Axon's Field engineer will periodically access customer network to check lhe migration status and verify its operation. Axon Field Engineer will review failure logs to identify and rectify any issues and retry to migrate any failures. At the completion of the migration any unresolved failures will be provided in a report to the customer. Technicol Resources Customer will provide access to a modern Windows server on customer network as detailed in the server specifications document in Appendix 1. API requests require HTTPS port 443, network lP should be whitel¡sted in customer Axon Evidence account. Migration speed is dependent on bandwidth availability at customer site. Customer will ensure reasonable availability by phone or email of knowledgeable staff and personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon including but not limited to explanation and verification of metadata mapping and facilitating network access. Page 4 of 7 4.G.d Packet Pg. 163 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Agreement Doto Ownership Project Management Axon will assign a Project Manager that will provide the expertise to execute a successful migration. The Project Manager will have knowledge and experience with all phases of the project management lifecycle and service being implemented. He/she will work closely with the customer's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and on budget. Acceptance At the completion of the migration, Axon will notify customer, provide verification reports, and an acceptance form. Upon receipt of notification, customer is responsible for reviewing provided reports and Axon Evidence auditing tools to verify that the scope of the project has been completed including but not limited to the migration and hash verification of all requested of data, metadata, and audit trails. Acceptance forms must be accepted or rejected within ten business days of receipt oracceptance ¡s automatically verified, All digital evidence stored on Axon's Axon Evidence is owned by the customer. Our Data Ownership cts are constructed to ensure that you retain all ownership ofyour data. should the ment be terminated, Axon will provide access for the Agency to securely migrate its data or offer a service for Axon to migrate the data on behalf of the Agency All digital evidence stored on the Axon Evidence platform is owned by the agency and n be exported at any time. This process can be facilitated in a number of ways including he bulk export feature. lf your agency wishes to extract all data stored in the application, is exported in the format it was recorded (MP4 for Axon captured files). The simplest ethod for data/metadata return is via system APls. Axon's API manualwill be made ilable upon request, which details steps for developers to follow for this contingency. is would facilitate the return of data with minimal cost and high efficiency. Page 5 of 7 4.G.d Packet Pg. 164 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Enterprise lnc. signing this Statement of Work, you are agreeing to the items set forth in this document and Axon's Master Services & Purchasing Agreement nd Channel Services Appendix. You represent that you are lawfully able to enter Into contracts and if you are entering into this agreement for an such as the company, municipality, or government agency you work for, you represent to Axon that you have legal author¡ty to bind that lf you do not have this authority, do not sign Statement of Work. to the scope of this SOW must be documented and agreed upon by the Parties in a change order. lf the changes cause an increase or in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be upon bythe Parties and included in the change order, signed by both Parties. o Signature:Date: Name (Print): Title: Page 6 of 7 4.G.d Packet Pg. 165 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Appendix 1, System Requirements and Firewall Permissions Customer will provide access to a modern Windows server to install and run migration tool.. Seruer should be running on customer network. Seruer should have connection to the legacy database. Server should have connection to file repository(s) Se rver Hardware Requirements DB Server Depending on the configuration and location of the legacy DB seruer, file repository, and customer's firewall, some special configuration might be required to ensure communication with the server where the migration application is running. Ports The following por.ts should be opened: Processor lx Quad-Core Intel Xeon E3 1,7 GHz) 2x Quad-Core Intel Xeon E5 2.66 GHz) Memory 32 RAM GB 64 GB RAM Internal Drive 5OO GB HDD 5OO GB SSD Network 10/100 Ethernet Gigabit Ethernet Operating System Windows Seruer 2008 R2 Windows Seruer 20t2R2 Minimum Recommended Outbound HTTPS ¿T43 Outbound 53 Outbound BO PageT of7 4.G.d Packet Pg. 166 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records 4.G.d Packet Pg. 167 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Q-208651-43627.959CN Quote Expiration'. 06t21t2019AxonEnterprise, lnc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 S: Delivery Method: Fedex - Ground SALES REPRESENTATIVE Chris Neubeck Phone: 602-708-0074 Email: cneubeck@axon.com Fax (480) 658-0629 PRIMARY CONTACT Eric Hemmen Phone: (253) 856-5837 Email: ehemmen@kentwa.gov SHIP TO Eric Hemmen Kent Police Dept. - WA 220 4TH AVE. SOUTH Kent, WA 98032 US BILLTO Kent Police Dept. - WA 4OO W. GOWE ST. SUITE 122 Kent, WA 98032 US lssued:06/11/2019 Account Number: 106698 Axon Plans & 20140 8001 1 85114 Yearl -OSP7+ Item Description 85114 Packages TASER 7 DUTY CARTRIDGE REPLENISHMENT PROGRAM BASIC EVIDENCE.COM LICENSE: 5 YEAR EVTDENCE.COM TNCLUDED STORAGE (GB)-5 YEAR CONTRACT EVIDENCE.COM INCLUDED STORAGE (GB)-5 YEAR CONTRACT TASER 7 EVIDENCE.COM LICENSE AXON RECORDS LICENSE: 5 YEAR AXON AUTO TAGGING SERVICE ADD-ON: 5 YEAR TASER 7 EVIDENCE.COM LICENSE PRO EVIDENCE.COM LICENSE:YEAR 1 PAYMENT EVIDENCE.COM INCLUDED STORAGE Quantity 105 10 100 4,200 List Unit Price 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 468.00 0.00 Net unit Price Total (usD) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20141 73420 80051 20141 80022 85't 10 r Hardware 20008 20040 0.00 0.00 0.00 0.00 468.00 0.00 0.00 0.00 0.00 0.00 27,612.00 0.00 0.00 0.00 0.00 0.00 0.00 105 105 105 2 59 1.770 0.00 0.00 0.0020012 2001 3 20012 00 0.00 0.00 0.00 TASER 7 HANDLE, HIGH VISIBILITY, CLASS 3R TASER 7 HANDLE WARRANTY,4-YEAR TASER 7 L|VE CARTRIDGE, STANDOFF (3.5- DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE) TASER 7 L|VE CARTRIDGE, STANDOFF (3.5- DEGREE) 105 105 202 210 Q-20865143627.959CN t 000 0 202 0.00 0.00 Protect Life. 4.G.d Packet Pg. 168 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Year 1 - OSP 7+ (Gontinued) 2001 3 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE) TASER 7 HOOK-AND-LOOP TRA|N|NG (HALT) cARTRtDGE, STANDOFF (3 TASER 7 HOOK-AND-LOOP TRA|NtNG (HALT) 20014 2001 5 CARTRI CLOSE QUART 210 210 210 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20018 20041 20160 71044 20161 74200 20042 70033 20050 20016 20017 74001 71026 74421 I 1553 74008 70033 74009 20012 2001 3 TASER 7 BATTERY PACK, TACTICAL TASER 7 BATTERY PACK WARRANTY, 4-YEAR TASER 7 HOLSTER - SAFARILAND, RIGHT HAND BATTERY, SIGNAL SIDEARM, CR243O SINGLE PACK TASER 7 HOLSTER - SAFARILAND, LEFT HAND DOCK AND CORE, TASER 7 TASER 7 DOCK & CORE WARRANTY,4-YEAR WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK HOOK-AND-LOOP TRA|NtNG (HALT) SU|T TASER T |NERT CARTRTDGE, STANDOFF (3.5- DEGREE) TASER T INERT CARTRIDGE, CLOSE QUARTERS 12-DEGREE) AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2, BLK MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK MAGNET MOUNT, THICK OUTERWEAR, AXON RAPIDLOCK SYNC CABLE, USB A TO 2.5MM AXON DOCK,6 BAY + CORE, AXON BODY 2 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK AXON DOCK, SINGLE BAY + CORE, AXON BODY 2 TASER 7 L|VE CARTRTDGE, STANDOFF (3.5- DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE) 73453 OFFICER SAFETY PLAN 7 PLUS 6 2 2 126 126 99 210 2 I 24 24 105 105 105 105 2 2 96 I 8 105 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 499.00 0.00 0.00 0.00 1,495,00 42.00 375.00 38.00 38.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 499.00 0.00 0.00 0.00 1,495.00 42.04 375.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 52,395.00 0.00 0.00 0.00 2,990.00 84.00 36,000.00 0.00 0.00 4.G.d Packet Pg. 169 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Year I - OSP 7+ (Continued) 73460 75000 75001 73414 73465 80087 20147 20135 20146 20120 20119 73455 73490 73570 EVIDENCE.COM UNLIMITED PLUS DOCK TAP: 5 YEAR SIGNAL SIDEARM ADHESIVE MOUNT SIGNAL SIDEARM ADHESIVE MOUNT REMOVAL KIT AXON AWARE PLUS V SERVICE LINE: 5 YEAR Performance Service: 5 Year TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL RUGGEDTZED) AXON DEVELOPED OCULUS TRAINING CONTENT ACCESS OCULUS GO STANDALONE VIRTUAL REALITY HEADSET TASER 7 ONLINE TRAINING CONTENT ACCESS TASER 7 INSTRUCTOR COURSE VOUCHER TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER OFFICER SAFETY PLAN 7 PLUS ANNUAL PAYMENT REDACTION ASSISTANT 51.150 SWORN AGENCY- WIDE LICENSË: 5 YEAR CITIZEN FOR COMMUNITIES 51-,I50 SWORN AGENCY-WIDE LICENSE: 5 85055 I 1609 85147 AXON FULL SERVICE SMART WEAPON TRANSITION SERVICE CEW STARTER 105 105 105 105 105 1 1 1 105 1 1 105 1 1 105 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,388.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Yearl-TradeJnGredit 2AA4 TASER 7 TRADE-IN UPFRONT PURCHASE 0.00 0.00 0.00 0.00 17,000.00 17,000.00 2,000.00 2,000.00 2,750.00 2J50.00 Subtotal Estimated Shipping Estimated Tax Total 0.00 2,203.40 231,357.00 0.00 0.00 17,000.00 2,000.00 2,750.00 372,188.00 0.00 36,743.82 408,931.82 0.00 4.G.d Packet Pg. 170 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Year I - TradeJn Credit (Gontinued) Item Description Other (Continued) 20150 TASER 7 TRADE-IN CARTRIDGE Quant¡ty 105 Quantity Quantity Quantity List Unit Price 0.00 List Unit Pr¡ce 0.00 0.00 499.00 0.00 0.00 0.00 List Unit Pr¡ce 0.00 Suþtotal Estimated Tax Total Net Unit Price Total(USD) 0.00 0.00 0.00 0.00 Spares Item Hardware 20008 20040 74001 71026 74021 11553 Description TASER 7 HANDLE, HIGH VISIBILITY, CLASS 3R TASER 7 HANDLE WARRANTY,4-YEAR AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2, BLK MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK MAGNET MOUNT, THICK OUTERWEAR, AXON RAPIDLOCK SYNC CABLE, USB A TO 2.5MM Yearl -ChannelSeruices Item Description Axon Plans & Packages 85035 EVIDENCE.COM STORAGE Other 80190 Evidence.comChannelServices 80191 Evidence.com Channel Migration, TB Year1-lnte¡viewRoom Item Description Net Unit Price Total(USD) J 3 o 6 6 6 0.00 0.00 0.00 0.00 0.00 0.00 Subtotal Estimated Tax Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Net Unit Price Total(USD) 3,000 0.75 0.00 0.00 0.00 Subtotal Estimated Tax Total 0.00 1 J 10,000.00 500.00 List Unit Price 0.00 0.00 0.00 0.00 0.00 Axon Plans & Packages soo71 $RlJ-l-t^MrNG SERVER LTcENSE (PER ÃnñÃà INTERVIEWROOMUNLIMTTEDEVIDENCE.COMvvvvv LTCENSE YEAR 1 PAYMENT 2 1,750.00 1 ,1 88.00 Net unit Price Totat (usD) 0.00 0.00 0.00 0.004 Q-20865143627.959CN 5 Protect Life. 4.G.d Packet Pg. 171 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Year 1 - lnteruiew Room (Continued) Item Description Hardware AXIS CAMERA, AXIS Q3515-LVNETWORK50241 CAMERA 50118 LOUROE DV-ML MICROPHONE (POE) RECORDING SERVER LITE, 1U RACK SERVER,cuzuo xEoN (4-coRE), BGB ME 74062 INTERVIEW ROOM 5 YR EXTENDED WARRANTY rÐ)4 Hp swlrcH - 24PoRT G|GAB|T POE MANAGED SWITCH - NON SER Services 85170 INTERVIEW ROOM, INSTALL AND SETUP Quantity Llst Unit Price 985.00 196.50 1,750.00 1,240.99 1,304.35 3 2,500.00 Net Unit Price Total(USD) 4 4 2 4 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Quent¡ty 59 1,770 List Unit Price 468.00 0.00 0.00 Subtotal Estimated Tax Total 468.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,388.00 Subtotal Estimated Tax ïotal 27,612.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 250,740.00 278,352.00 27,835.20 306,187.20 0.00 0.00 0.00 0.00 Year2-OSP7+ Item Description Axon Plans & Packages 80023 PRO EVIDENCE,COM LICENSE: YEAR 2 PAYMENT 85110 EVIDENCE.COMINCLUDEDSTORAGE Hardware 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE) TASER 7 HOOK-AND-LOOP TRATNING (HALT) CARTRIDGE, STANDOFF (3 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART 2001 3 2001 5 Other 20120 20119 TASER 7 INSTRUCTOR COURSE VOUCHER TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER OFFICER SAFEry PLAN 7 PLUS ANNUAL PAYMENT73455 Net Unit Price Total (USD) 20014 210 0.00 210 0.00 210 0.00 210 0.00 0.00 0.00 105 2,388.00 Q-20865143627.959CN 6 Protect Life. 4.G.d Packet Pg. 172 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Year2-GhannelSeruices 85035 EVIDENCE.COM STORAGE Year2 - lnterview Room 50072 50056 Year3-OSP7+ AXON STREAMING SERVER SOFTWARE MAINTENANCE ANNUAL PAYMENT INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 2 PAYMENT 2 4 3,000 59 1,770 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 350.00 1,'188.00 468.00 0.00 210 0.00 210 0.00 21A 0.00 210 0.00 1 0.00 105 0.00 Subtotal Estimated Total 0.00 0.00 Subtotal Estimated Tax Total 468.00 0.00 0.00 0.00 0.00 0.00 0.00 27,612.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 80024 851 10 20a12 20013 20014 20015 73311 73309 20120 PRO EVIDENCE.COM LICENSE:YEAR 3 PAYMËNT EVIDENCE,COM INCLUDED STORAGE TASER 7 L|VE CARTRTDGE, STANDOFF (3.5- DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE) TASER 7 HOOK-AND-LOOP TRA|NtNG (HALT) cARTRtDGE, STANDOFF (3 TASER 7 HOOK-AND-LOOP TRA|N|NG (HALT) CARTRIDGE, CLOSE QUART 8-BAY DOCKAXON BODY CAMERA REFRESH ONE AXON BODY CAMERA REFRESH ONE TASER 7 INSTRUCTOR COURSE VOUCI.IER 0.00 0.00 4.G.d Packet Pg. 173 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Year 3 - OSP 7+ (Continued) Item Description Other (Continued) ñ44o TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER AAAÊF OFFICER SAFETY PLAN 7PLUSANNUALIJ-JU PAYMENT Year3-ChannelSeruices Item Description Axon Plans & Packages 85035 EVIDENCE.COM STORAGE Year3-lnteruiewRoom Item Description 2001 3 Quantity 105 Quantity 3,000 Quantity 2 4 Quantity Ão 1,770 210 210 210 Q-20865r 43627.959CN I Net Unit Price Total (USD) 0.00 List Unit Price 0.00 2,388.00 List Unit Price 0.75 List Unit Price 2,388.00 Subtotal Estimated Tax Total 0.00 250,740.00 278,352.00 27,835.20 306,187.20 Net Unit Price Total(USD) 0.00 Subtotal Estimated Tax Total Net Unit Price Total (USD) 0.00 0.00 0.00 0.00 Axon Plans & Packages AXON STREAMING SERVERSOFTWAREcuut¿ MATNTENANCE ANNUAL PAYMENT INTERVIEW ROOM UNLIMITED EVIDENCE.COMboob/ LTcENSE YEAR 3 PAYMENT 350.00 1 . 1 88.00 List Unit Price 468.00 0.00 0.00 0.00 0.00 0.00 Subtotal Estimated Tax Total 468.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 27,612.00 0.00 0.00 0.00 0.00 Year4-OSP7+ Item Description Axon Plans & Packages 80025 PRO EVIDENCE.COM LICENSE: YEAR 4 PAYMENT 85110 EVIDENCE.COMINCLUDEDSTORAGE Hardware 20012 TASER 7 L|VE CARTRIDGE, STANDOFF (3.5- DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE) TASER 7 HOOK-AND-LOOP TRAINING (HALT) cARTRtDGE, STANDOFF (3 Net Unit Price Total (USD) Protect Life. 20014 0.00 0.00 4.G.d Packet Pg. 174 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Year 4 - OSP 7+ (Continued) Item Description Hardware (Continued) rìrìr à TASER 7 HOOK-AND-LOOP TRATNING (HALT) CARTRIDGE, CLOSE QUART Other 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2011s Iåttily^srERrNSrRUcroRscHooL 7345s Slii'îå,itt^FErY PLAN 7 PLUS ANNUAL Year 4 - Ghannel Services Item Description Axon Plans & Packages 85035 EVIDENCE.COM STORAGE Year4 - lnterview Room Item Description Quant¡ty Quantity 3,000 Quantity List Unit Price List Unit Price 0.75 List Unit Price 0.00 0.00 2,388.00 Subtotal Estimated Tax Total 0.00 0.00 0.00 250,740.00 278,352.00 27,835.20 306,187.20 Net Unit Price Total (USD) 0.002100.00 0.00 0.00 105 2,388.00 Net Unit Price Total(USD) 0.00 Subtotal Estimated ïax Total 0.00 0.00 0.00 0.00 Net Unit Price Total(USD) Axon Plans & Packages ññ7' AXON STREAMTNG SERVER SOFTWARE MAINTENANCE ANNUAL PAYMENT ÃnôÃA tNTERV|EW ROOM UNLtM|TED EVTDENCE.COM LICENSE YEAR 4 PAYMENT 2 350.00 4 1 ,I 88.00 0.00 0.00 Subtotal Estimated Tax Total 468.00 0.00 0.00 0.00 0.00 0.00 0.00 27,612.00 0.00 0.00 YearS-OSP7+ Item Description Axon Plans & Packages 80026 PRO EVIDENCE.COM LICENSE: YEAR S PAYMENT 85,I10 EVIDENCE.COMINCLUDEDSTORAGE Hardware 20012 TASER 7 LIVE CARTRTDGE, STANDOFF (3.5- DEGREE) Quantity Ão 1.770 210 Q-20865143627.959CN 9 Net Unit Price Total(USD) List Unit Price 468.00 0.00 Protect Life. 0.00 0.00 4.G.d Packet Pg. 175 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Year 5 - OSP 7+ (Continued) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 12-DEGREE) TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 TASER 7 HOOK-AND-LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART 8-BAY DOCKAXON BODY CAMERA REFRESH TWO 20014 20015 73312 210 210 210 I 105 I 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 105 2,388.00 3,000 350.00 1,188.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 2,388.00 Subtotal Estimated Tax Total 0.00 Estimated Tax Total 0.00 Subtotal Estimated Tax Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 250,740.00 278,352.00 27,835.20 306,187.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AXON BODY CAMERA REFRESH TWO TASER 7 INSTRUCTOR COURSE VOUCHER TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER OFFICER SAFETY PLAN 7 PLUS ANNUAL PAYMENT Year 5 - Channel Services 85035 EVIDENCE.COM STORAGE YearS-lnterviewRoom 54072 50059 73310 20120 20119 73455 AXON STREAMING SERVER SOFTWARE MAINTENANCE ANNUAL PAYMENT INTERVIEW ROOM UNLIMITED EVIDENCE.COM LICENSE YEAR 5 PAYMENT 2 4 4.G.d Packet Pg. 176 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records AAXON Discounts (usD) Quote Explräiloni 06t21 t2o1g Total excludes applicable taxes Summary of Payments List Amount 1,583,385.31 Discounts 97,789.31 Payment Amount (USD) Yearl-OSP7+408,931.92 Yearl -Trade-lnCredit 0.00 Spares 0,00 Year 1 - ChannelServices 0.00 Yearl -lnterviewRoom 0.00 Year2-OSP7+306,197.20 Year2 - Channel Services 0.00 Year2 - lnterview Room 0.00 Year3-OSP7+306,187.20 Year 3 - Channel Services 0.00 Q.3627.959CN 11 Pratcet L.lfe. 4.G.d Packet Pg. 177 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Summary of Payments (Gontinued) 0.00Year3 - lnterview Room 306,187.20Year4-OSP7+ Year4 - Channel Services 0.00 0.00Year4 - lnterview Room 306,187.20YearS-OSP7+ 0.00Year5 - Channel Services YearS-lnterviewRoom 0.00 4.G.d Packet Pg. 178 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records STATEMENT OF WORK & CONFIGURATION DOCUMENT This document details a proposed system design Agency Created For: Kent Police Dept. - WA Sold By: Designed By: lnstalled By: Customer Contact: Target lnstall Date: Chris Neubeck Jason South Axon Professional Services Matthew Holmes 09130t2019 QR-7708 - a3bf3000001CFq4AAG 13 4.G.d Packet Pg. 179 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records AXON INTERVIEW RECORDING PLATFORM This image is intended to be a general visual of how lnterview Room is configured. Please read through the SOW for configuration specific to this deal. AXON.PROVIDED HARDWARE SUMMARY The following section offers a broad summary of the Axon-provided hardware needed to configure this order. With the n of server , QUANTITIES DO NOT REFLECT CUSTOMER-PROVIDED ITEMS. QR-7708 - a3bf3000001CFq4AAG t4 A Total Camera Configurations 4 Camera(s)Locations Headquarters Rooms 20CovertEnclosure(s) 4 Microphone(s) lnjecto(s) Total Switches 1 POE Switch(es) Total Servers 2 Serve(s) (customer-provided included) Total Touch Panels 0 Touch Panel(s) (virlual not included) 0 Wall Mount(s) Total Camera Conf igurations 0 l/O Box(es) 4.G.d Packet Pg. 180 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records INTERVIEW ROOM OVERVIEW The following sections detail the configuration of the Axon lnterview recording system at all locations. Network Considerations Metadata Tags QR-7708 - a3bf 3000001CFq4AAG Network Requirements Each lP Camera will be connected to a POE switch that provides the device with power and network connectivity. Each Recording Server must be given a static lPv4 network address that is routable across the network. Each IP Camera must be given a static lPv4 network address that is routable across the network. Each touch panel/kiosk must be given a static lPv4 network address that is routable across the network. Network Addressing Network Device Static lPs Total lPs Qty of lP Cameras 4 6QtyofTouchPanels0 Qty of Recording Servers 2 Data Switch Provisioning This install will require POE data switches at each location VirtualKiosks 2 workstations will require virtual kiosk software to be installed, Customer Provided ltems Customer to provide all device lP addresses Customer to also provide: Subnet Mask Gateway lP DNSA/VINS IP Time Server lP Customer lT staff will configure all switches with proper network configuration. Metadata Tagging The system will collect metadata information prior to, and after, the interview recording process (i.e lnterviewer Name, lnterviewee Name, Case Number). Metadata Tags lnformation collected prior to recording lnterviewee first and last name Case number Case type lnterviewee type lnformation collected post recording lnterviewer name(s) Customer Provided ltems Customer to provide preferred metadata fields Axon Provided ltems Axon to facilitate the creation of metadata fields. 15 4.G.d Packet Pg. 181 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records NETWORK CONFIGURATION DETAILS The following section offers a broad summary of the Axon-provided hardware needed to configure this order Network Configuration Details Training Additional General Deal Notes qR-7708 - a3bf3000001CFq AAG Evidence.com Evidence.com Application Features: Secure Cloud Storage Redaction Download/Sharing Audit Trail Reporting Network Applications: Remote monitoring application This solution will include on-site application training covering: Touch panel overview lnitiating interview wizard Entering metadata Controlling the interview process Closing an interview Evidence.com functionality 16 4.G.d Packet Pg. 182 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records LOCATION DETAILS: Headquarters The following sections detail the configuration of the Axon lnterview recording system at HEADQUARTERS Location Name Headquarters Cable Considerations Servers, Switches, Touch Panels Additional Location Notes Notes QR-7708 - a3bf300000l CFq4AAG Gabling Runs Customer will install the networking cables using a Cat5e Cable. 7 cable runs are required for this installation. 5 110v power outlets are required for this installation (Customer Responsibility). Gabling Requirements All Devices: Network cabling must be provided for the following devices: Axis lP Camera Server Touch Panel or PC running a virtual Touch Panel POE Switch Servers Axon lnterview Lite Server Quantity 1 Axon lnterview Lite Server 1 Redundancy This system includes recording redundancy Data Switch/POE Power HPE Aruba 253024-Port. POE Switch Quantity: I N/A Touch Panels Virtual Kiosk Touch Panel Touch Panel Location N/A Virtual Kiosk Number of l/O Boxes Required n 11 4.G.d Packet Pg. 183 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records ROOM DETAILS: Room 1 The following sections detail the configurations specific to ROOM 1 Camera Configuration Additional Location Notes Headquarters Room 1 Camera 1 will be a(n) : AXIS 3515-LV Dome Camera Mic: Louroe Tamper Proof Mic Camera 2 will be a(n) : AXIS 351s-LV Dome Camera Mic: Louroe Tamper Proof Mic Recording will be triggered via Virtual Kiosk N/A Drywall Standard Tile QR-7708 - a3bf3000001CFq4AAG 18 4.G.d Packet Pg. 184 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records ROOM DETAILS: Room 2 The following sections detail the configurations specific to ROOM 2 Camera Configuration Additional Location Notes Headquarters Room 2 Camera 1 will be a(n) : AXIS 3515-LV Dome Camera Mic: Louroe Tamper Proof Mic Camera 2 will be a(n) ; AXIS 351s-LV Dome Camera Mic: Louroe Tamper Proof Mic Recording will be triggered via Virtual Kiosk N/A Drywall Standard Tile QR-7708 - a3 bf3000001CFq4AAG 19 4.G.d Packet Pg. 185 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Axon lnternational, lnc's Sales Terms and Gonditions for Direct Sales to End User Purchasers This Statement of Work is bound to the applicable signed quote. Upon confirmation of the installation dates, to be confirmed in writing, the agency will give no less than a 2- week advanced notice of cancellation or change from the date of the scheduled installation. ln the event the Agency cancels 2 weeks or less from the date of the scheduled installation, the agency will be responsible for all travel booked, and resource costs associated with the cancelled installation. Rescheduling of the installation will be at the discretion of Axon Professional Services based on available dates within the installation schedule calendar. Changes to the scope of this SOW must be documented and agreed upon by the Parties in a change order. lf the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the Parties and included in the change order, signed by both Parties. QR-7708 - a3bf300000LCFq4AAG 20 4.G.d Packet Pg. 186 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records Notes The parties agree that Axon is granting a credit of 919,382.50 (applied to Year 1 payment) for trade-in of CEW hardware. This credit is based on a ship date range o'n 91112019-911512019, resulting in a 101112019 contract start date. Any change in this ship date and resulting contract start date will result in modification of this credit value which may result in additional fees due to or from Axon. Axon's Sales Terms and Gonditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and purchasing Agreement (posted at www.axon.com/leqal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet ãndior Axon lnterview Room purchase, if applicable. Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. lf you aie signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon tnát you have legal authoiity to bind that entity. lf you do not have this authority, please do not sign this euote. Signature:Date: b 7)I Name (Print): PO# (Orwrite N/A): Title:ArltnrJ Please sign and email to Chris Neubeck at cneubeck@axon.com or fax to (480) 658-0629 Thank you for being a valued Axon customer. Foryour convenience on your next order, please check out our online store buy.axon.com Quote: Q-208651 -43627.9S9CN Protect Life'O and TASER@ are registered trademarks of Axon Enterprise, lnc, registered in the U.S. G) 201 3 Axon Enterpr¡se, lnc. All rights reserved. 8-208651 -43627.959CN 21 Protect Life. 4.G.d Packet Pg. 187 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records I Axon Interview Room Appendix Axon Interview Room Axon Evidence Term. The Axon Evidence Subscription for Axon Interview Room begins after shipment of Axon Interview Room hardware. If Axon ships Axon Interview Room hardware in first half of the month, the Axon Interview Room start date is the l-st of the following month. If Axon ships Axon Interview Room lrardware in tlre last half of the month, the start date is the L5th of the following month. For phased deployments, the Interview Room Subscription begins upon the shipment of the first phase, and subsequent phases will begin upon shipment of that phase. The Axon Interview Room subscription term will end upon the completion of the Axon Evidence subscription as documented in the Quote ("Interview Room Subscription"). Statement of Work. The Axon Interview Room Statement of Work ("Interview Room SOW') attached to this Appendix details Axon's professional services deliverables. Axon is only responsible to perform services described in the Interview Room 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. Axon Interview Room Unlimited. For Axon Interview Room Unlimited Axon Evidence subscription, unlimited data may be stored as part of Axon Interview unlimited storage only if the data originates from Axon Interview Room hardware. 2 3 4.G.d Packet Pg. 188 Attachment: Master Services and Purchasing Agreement, dated 06252019 (3257 : Agreement with Axon – Extension of Contract and Records FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South Kent, WA 98032 253-856-5264 DATE: September 6, 2022 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: July 2022 Financial Report SUMMARY: Michelle Ferguson, Financial Planning Manager, will present the 2020 July Financial Report. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 2022 Consolidated July Monthly Report (PDF) 4.H Packet Pg. 189 2022 Adj Budget 2022 YTD 2022 Est Actual Variance Favorable (Unfavorable) %Variance Favorable (Unfavorable) Revenues 127,536,660 66,766,002 132,664,820 5,128,160 4.0% Expenditures 131,153,470 55,706,318 129,139,528 2,013,942 1.5% Net Revenues Less Expenditures (3,616,810)11,059,684 3,525,292 7,142,102 Beginning Fund Balance 43,321,480 43,321,480 Ending Fund Balance 39,704,670 46,846,772 30.3%36.3% Required Ending Fund Balance Calculation Budgeted Expenditures for 2022 (from above)131,153,470 18.0% 18% GF Ending Fund Balance 23,607,625 July 2022 Monthly Financial Report City of Kent, Washington General Fund Overview 4.13 7.65 9.46 11.91 18.92 20.65 21.66 32.98 41.97 45.28 0.00 5.00 10.00 15.00 20.00 25.00 30.00 35.00 40.00 45.00 50.00 2012 2013 2014 2015 2016 2017 2018 2019 2020 Prelim 2021 General Fund Ending Fund Balance 10-year History (excluding Annexation)$ in millions Page 1 of 14 4.H.a Packet Pg. 190 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) Revenue Categories 2022 Adj Budget 2022 YTD 2022 Est Actual Variance Favorable (Unfavorable) %Variance Favorable (Unfavorable) Taxes: Property 32,451,450 17,444,844 32,604,960 153,510 0.5% Sales & Use 21,027,000 15,384,495 25,808,100 4,781,100 22.7% Utility 19,507,350 12,681,973 20,575,500 1,068,150 5.5% Business & Occupation 19,100,000 8,056,645 18,747,900 (352,100)-1.8% Other 879,790 261,590 775,600 (104,190)-11.8% Licenses and Permits 7,400,610 4,911,311 7,374,700 (25,910)-0.4% Intergovernmental Revenue 2,891,130 1,954,312 3,029,570 138,440 4.8% Charges for Services 6,309,570 4,297,620 6,664,300 354,730 5.6% Fines and Forfeitures 1,172,910 374,132 668,500 (504,410)-43.0% Miscellaneous Revenue 2,348,500 1,114,081 1,967,340 (381,160)-16.2% Transfers In 14,448,350 285,000 14,448,350 - Total Revenues 127,536,660 66,766,002 132,664,820 5,128,160 4.0% July 2022 Monthly Financial Report City of Kent, Washington General Fund Overview - Revenues Variance analysis for revenues is provided for particular line items or those in which the estimated actual amount differs from the budgeted amount by at least 10% or minimum of $500,000. Variance Notes Sales & Use Tax: $4.8m (22.7%) favorable variance due to record inflation and the associated price increases resulting in higher tax revenue. Fines and Forfeitures: $504k (-43.0%) unfavorable variance due to decreased civil ($302k) and criminal ($202k) penalties. Miscellaneous Revenues: $381k (-16.2%) unfavorable variance due primarily to decreased rents & royalties ($321k), and donations ($64k). Utility Tax: $1.07m (5.5%) favorable variance due to higher than anticipated electric ($882k), natural gas ($396k), garbage ($365k) and offset by lower than anticipated telephone ($479k) and cable utility ($88k) taxes. 2022 Budgeted General Fund Revenues Property Taxes 25% Sales Taxes 19% Utility Taxes 16% B&O Taxes 14%Other Taxes 1%Licenses and Permits 6%Intergovernmental 2% Charges for Services 5% Fines and Forfeits 0.5% Misc & Transfers In 12% Other 19% Page 2 of 2 4.H.a Packet Pg. 191 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) Prior Year Revenues Budgeted Revenues Actual Revenues January 5,898 6,951 6,113 February 4,174 6,323 5,033 March 6,127 8,777 7,100 April 21,521 21,429 21,933 May 7,927 9,462 10,834 June 5,491 7,445 6,013 July 9,733 9,255 9,739 August 6,326 6,634 0 September 5,725 7,316 0 October 21,552 22,471 0 November 8,364 9,138 0 December 10,968 12,336 0 Total 113,807 127,537 66,766 Prior Year Revenues Budgeted Revenues Actual Revenues January - 0 0 February 217 250 57 March 1,438 1,150 1,289 April 13,218 12,649 12,892 May 1,945 2,439 3,048 June 198 617 101 July 80 145 59 August 190 135 0 September 394 587 0 October 12,046 12,095 0 November 2,123 2,142 0 December 203 242 0 Total 32,053 32,451 17,445 Prior Year Revenues Budgeted Revenues Actual Revenues January 1,802 1,640 2,063 February 2,264 1,941 2,329 March 1,786 1,619 2,112 April 1,753 1,493 2,063 May 2,270 1,799 2,411 June 2,005 1,646 2,167 July 2,061 1,519 2,239 August 2,172 1,859 0 September 2,070 1,740 0 October 2,023 1,771 0 November 2,150 1,887 0 December 2,473 2,112 0 Total 24,829 21,027 15,384 July 2022 Monthly Financial Report City of Kent, Washington General Fund Revenues ($ in Thousands) All Revenues Sources Property Tax Sales Tax $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 22 Bud 21 Act 22 Act $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 22 Bud 21 Act 22 Act $0 $5,000 $10,000 $15,000 $20,000 $25,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 22 Bud 21 Act 22 Act Page 3 of 14 4.H.a Packet Pg. 192 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) July 2022 Monthly Financial Report City of Kent, Washington General Fund Revenues ($ in Thousands) Prior Year Revenues Budgeted Revenues Actual Revenues January 2,141 1,935 1,980 February 1,215 1,644 1,889 March 1,583 1,666 1,805 April 1,700 1,768 1,859 May 1,542 1,569 1,745 June 1,312 1,438 1,690 July 2,420 1,729 1,713 August 1,632 1,505 0 September 1,621 1,697 0 October 1,588 1,471 0 November 1,625 1,564 0 December 1,884 1,521 0 Total 20,263 19,507 12,682 Prior Year Revenues Budgeted Revenues Actual Revenues January 283 86 2 February 2 3 3 March (156)134 79 April 2,912 3,091 3,087 May 1,008 1,296 1,549 June 203 231 97 July 2,966 3,717 3,501 August 1,219 943 0 September 107 125 0 October 3,083 3,864 0 November 1,107 994 0 December 4,940 5,496 0 Total 17,674 19,980 8,318 Prior Year Revenues Budgeted Revenues Actual Revenues January 1,672 3,428 2,068 February 475 1,317 755 March 1,476 3,490 1,815 April 1,938 2,571 2,033 May 1,161 2,135 2,081 June 1,773 3,459 1,957 July 2,205 2,748 2,227 August 1,113 1,939 0 September 1,533 3,126 0 October 2,812 3,282 0 November 1,359 2,271 0 December 1,469 4,806 0 Total 18,988 34,571 12,936 Utility Tax Other Taxes Other Revenues (Intergovernmental, Licenses & Permits, Charges for Service, Fines & Forfeits, and Misc Revenues) $0 $5,000 $10,000 $15,000 $20,000 $25,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 22 Bud 21 Act 22 Act $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 $18,000 $20,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 22 Bud 21 Act 22 Act $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 22 Bud 21 Act 22 Act Page 4 of 14 4.H.a Packet Pg. 193 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) Department 2022 Adj Budget 2022 YTD 2022 Est Actual Variance Favorable (Unfavorable) %Variance Favorable (Unfavorable) City Council 295,630 172,088 291,410 4,220 1.4% Administration 3,284,820 1,153,292 3,164,120 120,700 3.7% Economic & Community Dev 9,401,560 4,320,840 8,654,660 746,900 7.9% Finance 3,199,140 1,546,243 2,897,110 302,030 9.4% Fire Contracted Services 3,877,220 2,513,652 3,905,508 (28,288)-0.7% Human Resources 2,110,140 984,339 1,906,530 203,610 9.6% Law 1,638,790 790,570 1,479,010 159,780 9.7% Municipal Court 3,869,220 1,950,588 3,611,540 257,680 6.7% Parks, Recreation & Comm Svcs 22,336,790 10,527,143 22,109,360 227,430 1.0% Police 50,805,480 29,305,758 50,785,600 19,880 0.0% Non-Departmental 30,334,680 2,441,804 30,334,680 Total Expenditures 131,153,470 55,706,318 129,139,528 2,013,942 1.5% July 2022 Monthly Financial Report City of Kent, Washington General Fund Overview - Expenditures Variance analysis for expenditures is provided for particular departments or those in which the estimated actual amount differs from the budgeted amount by at least 10% or a minimum of $500,000. Variance Notes ECD: Estimated spend by ECD is $747k under budget due to reduced spending on Salaries & Benefits ($178k), services ($486k), and supplies ($82k) City Council 0.23% Administration 2% ECD 7% Finance 2% Fire Contracted Services 3% Human Resources 2% Law 1% Municipal Court 3% Parks, Recreation & Comm Svcs 17% Police 39% Non-Departmental 24% Other 5% 2022 Budgeted General Fund Expenditures Page 5 of 14 4.H.a Packet Pg. 194 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) 2020 2021 2022 2022 2022 Actual Prelim Adj Budget YTD Est Actual Beginning Fund Balance 34,399,775 41,969,900 43,321,480 43,321,480 43,321,480 Revenues Taxes: Property 31,374,827 32,052,967 32,451,450 17,444,844 32,604,960 Sales & Use 23,629,972 24,828,972 21,027,000 15,384,495 25,808,100 Utility 18,970,715 20,262,726 19,507,350 12,681,973 20,575,500 Business & Occupation 14,784,795 17,060,649 19,100,000 8,056,645 18,747,900 Other 418,235 613,502 879,790 261,590 775,600 Licenses and Permits 7,223,420 7,171,129 7,400,610 4,911,311 7,374,700 Intergovernmental Revenue 3,196,701 3,322,233 2,891,130 1,954,312 3,029,570 Charges for Services 3,658,232 5,299,515 6,309,570 4,297,620 6,664,300 Fines and Forfeitures 776,948 809,293 1,172,910 374,132 668,500 Miscellaneous Revenue 1,954,937 943,344 2,348,500 1,114,081 1,967,340 Transfers In 4,820,343 1,442,364 14,448,350 285,000 14,448,350 Total Revenues 110,809,127 113,806,695 127,536,660 66,766,002 132,664,820 Expenditures 1,774,808 272,914 295,630 172,088 291,410 Administration 1,774,808 2,847,633 3,284,820 1,153,292 3,164,120 Economic & Community Dev 6,711,489 7,469,721 9,401,560 4,320,840 8,654,660 Finance 2,323,636 2,574,151 3,199,140 1,546,243 2,897,110 Fire Contracted Services 3,674,401 3,280,458 3,877,220 2,513,652 3,905,508 Human Resources 1,405,219 1,524,097 2,110,140 984,339 1,906,530 Information Technology 172,932 Law 1,452,088 1,444,860 1,638,790 790,570 1,479,010 Municipal Court 3,402,314 3,394,639 3,869,220 1,950,588 3,611,540 Parks, Recreation & Comm Svcs 16,631,899 17,758,211 22,336,790 10,527,143 22,109,360 Police 43,464,679 45,793,526 50,805,480 29,305,758 50,785,600 Public Works 629,087 (720) Non-Departmental 20,802,826 21,907,021 30,334,680 2,441,804 30,334,680 Total Expenditures 104,220,186 108,266,510 131,153,470 55,706,318 129,139,528 Net Revenues less Expenditures 6,588,941 5,540,186 (3,616,810)11,059,684 3,525,292 Ending Fund Balance 40,988,715 47,510,086 39,704,670 54,381,164 46,846,772 Ending Fund Balance Detail: General Fund Reserves 41,969,900 43,321,480 39,704,670 46,846,772 based on same year actuals/budget 40.3%40.0%30.3%36.3% July 2022 Monthly Financial Report City of Kent, Washington General Fund Page 6 of 14 4.H.a Packet Pg. 195 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) 2020 2021 2022 % of thru July thru July thru July Budget Revenues Taxes: Property 16,672,481 17,096,722 17,444,844 348,122 2.0%53.8% Sales & Use 13,381,324 13,942,071 15,384,495 1,442,424 10.3%73.2% Utility 11,688,279 11,913,633 12,681,973 768,340 6.4%65.0% Business & Occupation 6,484,040 7,087,711 8,056,645 968,934 13.7%42.2% Other 268,650 130,218 261,590 131,372 100.9%29.7% Licenses and Permits 4,124,316 4,277,316 4,911,311 633,995 14.8%66.4% Intergovernmental Revenue 1,984,113 1,965,601 1,954,312 (11,290) -0.6%67.6% Charges for Services 2,162,083 2,742,720 4,297,620 1,554,899 56.7%68.1% Fines and Forfeitures 582,891 532,821 374,132 (158,689) -29.8%31.9% Miscellaneous Revenue 1,169,155 1,182,404 1,114,081 (68,323) -5.8%47.4% Transfers In 450,000 - 285,000 285,000 2.0% Total Revenues 58,967,330 60,871,218 66,766,002 5,894,784 9.7%52.4% Expenditures City Council 235,093 163,332 172,088 8,756 5.4%58.2% Administration 1,042,716 1,501,757 1,153,292 (348,465)-23.2%35.1% Economic & Community Dev 3,909,962 4,185,642 4,320,840 135,198 3.2%46.0% Finance 1,293,717 1,519,394 1,546,243 26,849 1.8%48.3% Fire Contracted Services 2,133,504 2,161,515 2,513,652 352,137 16.3%64.8% Human Resources 959,122 861,831 984,339 122,508 14.2%46.6% Information Technology 262,535 Law 870,395 794,961 790,570 (4,391)-0.6%48.2% Municipal Court 1,933,849 1,959,110 1,950,588 (8,522)-0.4%50.4% Parks, Recreation & Comm Svcs 9,234,820 9,352,348 10,527,143 1,174,795 12.6%47.1% Police 25,243,611 25,989,997 29,305,758 3,315,760 12.8%57.7% Public Works 629,087 Non-Departmental 6,403,234 5,404,984 2,441,804 (2,963,181)-54.8%8.0% Total Expenditures 54,151,645 53,894,873 55,706,318 1,811,445 3.4%42.5% *General Govt. includes City Council, Mayor/Clerk, HR, IT, & Finance Variance July 2022 Monthly Financial Report City of Kent, Washington General Fund Year-to-Year Month Comparison 2022-2021 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 Property Taxes Sales & Use Taxes Utility Taxes Other Revenues GF Revenues thru July 2020 2021 2022 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 Police Parks *General Govt. ECD Non-Dept & Other GF Expenditures thru July 2020 2021 2022 Page 7 of 7 4.H.a Packet Pg. 196 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) 2022 2022 2022 2022 Estimated Beginning Fund Balance Estimated Revenues Estimated Expenditures Estimated Ending Fund Balance Operating revenues and expenditures only; capital and non-capital projects are excluded. General Fund 43,321,480 132,664,820 129,239,538 46,746,762 Street Fund 9,736,452 20,940,960 19,965,520 10,711,892 LEOFF 1 Retiree Benefits 1,293,114 1,240,800 1,240,780 1,293,134 Lodging Tax 115,838 532,900 297,740 350,998 Youth/Teen Programs 334,472 1,010,200 925,650 419,022 Capital Resources 25,145,315 25,098,050 18,641,890 31,601,475 Criminal Justice 10,185,251 9,498,880 9,859,000 9,825,131 Human Services 1,139,615 3,684,000 3,684,000 1,139,615 ShoWare Operating 4,449,395 1,150,000 2,993,600 2,605,795 Other Operating 517,607 121,630 121,630 517,607 Councilmanic Debt Service 2,949,057 7,770,280 8,563,980 2,155,357 Special Assessments Debt Service 587,812 691,660 682,020 597,452 Water Utility 16,064,903 27,715,030 27,989,950 15,789,983 Sewer Utility 3,360,825 35,189,800 34,627,400 3,923,225 Drainage Utility 19,679,465 24,547,640 30,136,120 14,090,985 Solid Waste Utility 308,807 894,000 1,134,930 67,877 Golf Complex 366,666 3,200,000 2,994,890 571,776 Fleet Services 4,126,131 7,401,200 7,980,500 3,546,831 Central Services 106,989 349,710 306,910 149,789 Information Technology 2,202,039 11,663,740 11,548,670 2,317,109 Facilities 3,579,671 6,481,400 6,568,900 3,492,171 Unemployment 1,368,106 156,400 165,960 1,358,546 Workers Compensation 1,484,860 1,498,500 1,575,610 1,407,750 Employee Health & Wellness 8,740,415 15,763,800 14,538,060 9,966,155 Liability Insurance 3,076,750 3,185,510 3,794,070 2,468,190 Property Insurance 1,044,143 783,890 805,750 1,022,283 Impact Fee Trust Fund 3,922,390 3,922,390 July 2022 Monthly Financial Report City of Kent, Washington Other Funds General Fund Special Revenue Funds Debt Service Funds Enterprise Funds Internal Service Funds Fund Balances Page 8 of 11 4.H.a Packet Pg. 197 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) 2020 2021 2022 2022 2022 Actual Prelim Budget YTD Est Actual Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Street Fund Revenues 19,350,928 20,419,435 18,440,900 9,205,047 20,940,960 Expenditures 19,205,266 16,768,746 19,965,520 8,959,177 19,965,520 Net Revenues Less Expenditures 145,662 3,650,689 (1,524,620)245,870 975,440 LEOFF 1 Retiree Benefits Revenues 1,232,575 1,199,965 1,277,880 562,492 1,240,800 Expenditures 1,571,585 1,519,460 1,572,840 813,423 1,240,780 Net Revenues Less Expenditures (339,010)(319,495)(294,960)(250,931)20 Lodging Tax Revenues 158,384 221,252 582,740 408,887 532,900 Expenditures 270,532 165,720 509,050 159,334 297,740 Net Revenues Less Expenditures (112,148)55,532 73,690 249,553 235,160 Youth/Teen Programs Revenues 897,527 977,243 931,380 622,117 1,010,200 Expenditures 691,260 822,054 925,650 3,663 925,650 Net Revenues Less Expenditures 206,267 155,189 5,730 618,453 84,550 Capital Resources Revenues 22,885,707 28,353,626 19,937,010 14,593,067 25,098,050 Expenditures 27,520,426 18,092,140 19,076,560 1,776,660 18,641,890 Net Revenues Less Expenditures (4,634,719)10,261,487 860,450 12,816,407 6,456,160 Criminal Justice Revenues 8,673,794 9,774,373 8,686,810 5,799,004 9,498,880 Expenditures 8,504,672 7,540,042 10,214,280 4,617,822 9,859,000 Net Revenues Less Expenditures 169,122 2,234,331 (1,527,470)1,181,182 (360,120) Human Services Revenues 163,728 3,796,657 3,684,000 2,286,284 3,684,000 Expenditures 116,660 2,704,110 3,684,000 88,067 3,684,000 Net Revenues Less Expenditures 47,068 1,092,547 2,198,217 ShoWare Operating Revenues 1,512,589 3,079,558 1,150,000 1,150,000 Expenditures 1,451,752 2,091,661 2,993,600 2,078,267 2,993,600 Net Revenues Less Expenditures 60,837 987,897 (1,843,600)(2,078,267)(1,843,600) Other Operating Revenues 105,155 128,175 121,630 121,630 Expenditures 106,003 104,945 121,630 51,951 121,630 Net Revenues Less Expenditures (848)23,230 (51,951) Councilmanic Debt Service Revenues 9,144,587 7,988,547 7,955,190 2,216,099 7,770,280 Expenditures 8,679,761 8,348,722 8,563,980 2,239,019 8,563,980 Net Revenues Less Expenditures 464,826 (360,174)(608,790)(22,919)(793,700) Debt Service Funds July 2022 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Special Revenue Funds Page 9 of 11 4.H.a Packet Pg. 198 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) 2020 2021 2022 2022 2022 Actual Prelim Budget YTD Est Actual Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. July 2022 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Special Assessment Debt Service Revenues 784,469 1,035,745 691,660 138,546 691,660 Expenditures 1,386,712 858,473 682,020 3,809 682,020 Net Revenues Less Expenditures (602,243)177,272 9,640 134,736 9,640 Water Utility Revenues 29,573,424 29,810,341 29,334,150 15,053,827 27,715,030 Expenditures 26,464,133 28,183,254 29,238,970 10,973,715 27,989,950 Net Revenues Less Expenditures 3,109,291 1,627,087 95,180 4,080,113 (274,920) Sewer Utility Revenues 33,513,294 34,846,524 34,750,070 20,710,642 35,189,800 Expenditures 32,252,706 33,974,459 34,627,400 20,696,030 34,627,400 Net Revenues Less Expenditures 1,260,588 872,065 122,670 14,612 562,400 Drainage Utility Revenues 24,537,483 25,408,140 23,506,990 14,399,934 24,547,640 Expenditures 21,804,802 23,609,481 31,044,120 9,451,075 30,136,120 Net Revenues Less Expenditures 2,732,681 1,798,659 (7,537,130)4,948,859 (5,588,480) Solid Waste Utility Revenues 837,309 855,492 906,110 516,383 894,000 Expenditures 876,871 995,385 1,134,930 703,983 1,134,930 Net Revenues Less Expenditures (39,562)(139,893)(228,820)(187,600)(240,930) Golf Complex Revenues 5,938,183 2,526,316 3,107,180 1,981,769 3,200,000 Expenditures 3,070,899 4,513,837 2,994,890 1,775,968 2,994,890 Net Revenues Less Expenditures 2,867,283 (1,987,522)112,290 205,801 205,110 Fleet Services Revenues 5,478,589 5,674,822 7,819,690 3,543,051 7,401,200 Expenditures 6,559,539 4,894,499 9,196,540 2,854,482 7,980,500 Net Revenues Less Expenditures (1,080,950)780,323 (1,376,850)688,568 (579,300) Central Services Revenues 309,535 355,897 436,600 167,796 349,710 Expenditures 277,640 320,247 414,110 134,367 306,910 Net Revenues Less Expenditures 31,895 35,650 22,490 33,429 42,800 Information Technology Revenues 9,062,099 10,506,136 11,633,360 6,440,464 11,663,740 Expenditures 10,531,892 10,411,640 12,126,290 6,719,581 11,548,670 Net Revenues Less Expenditures (1,469,793)94,496 (492,930)(279,116)115,070 Facilities Revenues 6,327,140 6,704,998 6,547,280 3,254,404 6,481,400 Expenditures 5,125,026 6,222,434 8,941,800 2,843,148 6,568,900 Net Revenues Less Expenditures 1,202,114 482,564 (2,394,520)411,256 (87,500) Enterprise Funds Internal Service Funds Page 10 of 11 4.H.a Packet Pg. 199 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) 2020 2021 2022 2022 2022 Actual Prelim Budget YTD Est Actual Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. July 2022 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Unemployment Revenues 166,229 134,862 148,170 94,689 156,400 Expenditures 151,350 161,765 219,010 74,710 165,960 Net Revenues Less Expenditures 14,879 (26,902)(70,840)19,980 (9,560) Workers Compensation Revenues 1,551,522 1,019,589 1,468,360 886,687 1,498,500 Expenditures 2,106,616 1,788,435 1,575,610 1,298,334 1,575,610 Net Revenues Less Expenditures (555,093)(768,845)(107,250)(411,646)(77,110) Employee Health & Wellness Revenues 15,929,224 15,795,365 15,580,790 9,184,780 15,763,800 Expenditures 14,097,298 14,736,998 15,580,790 8,331,358 14,538,060 Net Revenues Less Expenditures 1,831,926 1,058,367 853,422 1,225,740 Liability Insurance Revenues 38,104 8,119,358 3,081,170 1,901,691 3,185,510 Expenditures 2,852,665 4,307,222 3,794,070 2,685,161 3,794,070 Net Revenues Less Expenditures (2,814,561)3,812,136 (712,900)(783,470)(608,560) Property Insurance Revenues 578,755 605,819 785,750 456,490 783,890 Expenditures 587,011 677,950 785,750 1,198,115 805,750 Net Revenues Less Expenditures (8,257)(72,131)(741,625)(21,860) Impact Fee Trust Fund Revenues 4,357,166 3,957,718 3,922,390 1,522,552 3,922,390 Expenditures 4,356,851 3,958,033 3,922,390 1,521,648 3,922,390 Net Revenues Less Expenditures 315 (315)904 Other Funds 0 20,000,000 40,000,000 60,000,000 80,000,000 2020 Actuals 2021 Prelim 2022 Budget Other Fund Revenues Special Revenue Funds Enterprise Funds 0 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 2020 Actuals 2021 Prelim 2022 Budget Other Fund Expenditures Special Revenue Funds Enterprise Funds Internal Service Funds Page 11 of 11 4.H.a Packet Pg. 200 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) 2020 2021 2022 thru July thru July thru July Operating revenues and expenditures only; capital and non-capital projects are excluded. Street Fund Revenues 7,063,706 8,008,517 9,205,047 1,196,531 14.9% Expenditures 6,135,769 6,447,707 8,959,177 2,511,471 39.0% Net Revenues Less Expenditures 927,937 1,560,810 245,870 LEOFF 1 Retiree Benefits Revenues 599,974 594,784 562,492 (32,292)-5.4% Expenditures 942,357 834,549 813,423 (21,125)-2.5% Net Revenues Less Expenditures (342,384)(239,765)(250,931) Lodging Tax Revenues 102,489 90,743 408,887 318,144 350.6% Expenditures 163,938 91,485 159,334 67,848 74.2% Net Revenues Less Expenditures (61,450)(743)249,553 Youth/Teen Programs Revenues 571,449 586,752 622,117 35,364 6.0% Expenditures 4,136 4,550 3,663 (887)-19.5% Net Revenues Less Expenditures 567,314 582,202 618,453 Capital Resources Revenues 11,257,163 13,791,500 14,593,067 801,567 5.8% Expenditures 1,840,949 3,131,579 1,776,660 (1,354,919)-43.3% Net Revenues Less Expenditures 9,416,214 10,659,921 12,816,407 Criminal Justice Revenues 4,215,641 5,385,756 5,799,004 413,249 7.7% Expenditures 3,410,963 3,758,435 4,617,822 859,388 22.9% Net Revenues Less Expenditures 804,678 1,627,321 1,181,182 Human Services Revenues 1,515,608 2,286,284 770,676 50.8% Expenditures 55,793 88,067 32,274 57.8% Net Revenues Less Expenditures 1,459,815 2,198,217 ShoWare Operating Revenues 128,429 855 (855)-100.0% Expenditures 782,953 1,037,647 2,078,267 1,040,620 100.3% Net Revenues Less Expenditures (654,524)(1,036,792)(2,078,267) Admissions Tax revenues received quarterly (April, July, September, January) Other Operating Revenues Expenditures 74,950 47,259 51,951 4,692 9.9% Net Revenues Less Expenditures (74,950)(47,259)(51,951) Combines several small programs, including City Art Program and Neighborhood Matching Grants July 2022 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison 2022-2021 Special Revenue Funds Variance Page 12 of 14 4.H.a Packet Pg. 201 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) 2020 2021 2022 thru July thru July thru July Operating revenues and expenditures only; capital and non-capital projects are excluded. July 2022 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison 2022-2021 Variance Councilmanic Debt Service Revenues 2,410,093 2,314,811 2,216,099 (98,712)-4.3% Expenditures 2,479,538 2,337,537 2,239,019 (98,518)-4.2% Net Revenues Less Expenditures (69,445)(22,726)(22,919) Debt service payments are generally due in June and December. Special Assessments Debt Service Revenues 235,912 398,049 138,546 (259,503)-65.2% Expenditures 329,042 3,564 3,809 245 6.9% Net Revenues Less Expenditures (93,130)394,485 134,736 Water Utility Revenues 16,103,437 17,371,339 15,053,827 (2,317,512)-13.3% Expenditures 12,120,067 12,037,583 10,973,715 (1,063,868)-8.8% Net Revenues Less Expenditures 3,983,370 5,333,756 4,080,113 Sewer Utility Revenues 19,237,355 20,182,336 20,710,642 528,306 2.6% Expenditures 16,837,415 17,765,830 20,696,030 2,930,200 16.5% Net Revenues Less Expenditures 2,399,940 2,416,506 14,612 Drainage Utility Revenues 13,719,993 14,024,957 14,399,934 374,976 2.7% Expenditures 9,648,438 10,758,912 9,451,075 (1,307,837)-12.2% Net Revenues Less Expenditures 4,071,555 3,266,046 4,948,859 Solid Waste Utility Revenues 473,774 501,664 516,383 14,719 2.9% Expenditures 613,472 581,396 703,983 122,587 21.1% Net Revenues Less Expenditures (139,698)(79,732)(187,600) Golf Complex Revenues 4,739,718 1,447,899 1,981,769 533,870 36.9% Expenditures 1,403,591 3,333,191 1,775,968 (1,557,224)-46.7% Net Revenues Less Expenditures 3,336,127 (1,885,292)205,801 Expenditures Fleet Services Revenues 3,168,012 3,377,136 3,543,051 165,915 4.9% Expenditures 3,597,052 2,784,935 2,854,482 69,547 2.5% Net Revenues Less Expenditures (429,040)592,201 688,568 Central Services Revenues 158,384 224,423 167,796 (56,628)-25.2% Expenditures 142,156 163,383 134,367 (29,017)-17.8% Net Revenues Less Expenditures 16,228 61,040 33,429 Debt Service Funds Enterprise Funds Internal Service Funds Page 13 of 14 4.H.a Packet Pg. 202 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report) 2020 2021 2022 thru July thru July thru July Operating revenues and expenditures only; capital and non-capital projects are excluded. July 2022 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison 2022-2021 Variance Information Technology Revenues 5,184,422 4,636,186 6,440,464 1,804,278 38.9% Expenditures 5,599,030 5,595,207 6,719,581 1,124,373 20.1% Net Revenues Less Expenditures (414,607)(959,021)(279,116) Facilities Revenues 3,098,549 3,235,293 3,254,404 19,112 0.6% Expenditures 2,547,701 2,832,350 2,843,148 10,798 0.4% Net Revenues Less Expenditures 550,848 402,942 411,256 Unemployment Revenues 95,297 90,848 94,689 3,841 4.2% Expenditures 83,485 125,137 74,710 (50,427)-40.3% Net Revenues Less Expenditures 11,812 (34,288)19,980 Workers Compensation Revenues 865,672 667,978 886,687 218,710 32.7% Expenditures 722,881 Sales & Use Tax: $4.8m (22.7%) favorable variance due to record inflation and the associated price increases resulting in higher tax revenue.1,298,334 #REF! Net Revenues Less Expenditures 142,791 #REF!(411,646) Employee Health & Wellness Revenues 9,088,515 9,354,335 9,184,780 (169,554)-1.8% Expenditures 7,383,526 8,258,477 8,331,358 72,881 0.9% Net Revenues Less Expenditures 1,704,990 1,095,858 853,422 Liability Insurance Revenues 1,486,168 6,541,665 1,901,691 (4,639,973)-70.9% Expenditures 1,375,037 3,191,449 2,685,161 (506,288)-15.9% Net Revenues Less Expenditures 111,131 3,350,215 (783,470) Property Insurance Revenues 338,949 358,244 456,490 98,246 27.4% Expenditures 858,354 995,619 1,198,115 202,496 20.3% Net Revenues Less Expenditures (519,405)(637,375)(741,625) Impact Fee Trust Fund Revenues 808,272 2,000,620 1,522,552 (478,068)-23.9% Expenditures 779,641 1,746,314 1,521,648 (224,666)-12.9% Net Revenues Less Expenditures 28,631 254,305 904 Other Funds 0 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 Special Revenue Funds Enterprise Funds Internal Service Funds Other Fund Revenues thru July 2020 2021 2022 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 45,000,000 50,000,000 Special Revenue Funds Enterprise Funds Internal Service Funds Other Fund Expenditures thru July 2020 2021 2022 Page 14 of 14 4.H.a Packet Pg. 203 Attachment: 2022 Consolidated July Monthly Report (3259 : INFO ONLY: July 2022 Financial Report)