City of Kingsville, Texas  AGENDA CITY COMMISSION MONDAY, SEPTEMBER 23, 2024 REGULAR MEETING CITY HALL  HELEN KLEBERG GROVES COMMUNITY ROOM  400 WEST KING AVENUE 5:00 P.M. = Regular Meeting  Live Videostream: https://www.facebookcom/Cttyofkingsvilletx  F Preliminary Proceedings. OPEN MEETING  INVOCATION/PLEDGE OF ALLEGIANCE - (Mayor Fugate)  MINUTES OF PREVIOUS MEETING(S) Regular Meeting - September 12, 2024 II. Public Hearing - (Required by Law).1 III. Reports from Commission & Staff.2  Mark McLaughlip TE City Manager  None.  "At this time, the City Commission and Staff will reportupdate on all committee assignments which may include but is not limited to the following: Planning & Zoning Commission, Zoning Board of Adjustments, Historical Board, Housing Authority Board, Library Board, Health Board, Tourism, Chamber of Commerce, Coastal Bend Council of Governments, Conner Museum, Keep Kingsville Beautiful, and Texas Municipal League. Staffreports include the following: Building & Development, Code Enforcement, Proposed Development Report; Accounting & Finance - Financial Services-Information, Investment Report, Quarterly Budget Report, Monthly Financial Reports; Police & Fire Department - Grant Update, Police & Fire Reports; Street Updates; Public Works- Building Maintenance, Construction Updates; Park Services - grant(s) update, miscellaneous park projects, Amnstralon-wOASIOP Schedule, Interlocal. Agreements, Public Information, Hotel Occupancy Report, Quiet Zone, Proclamations, Health Plan Update, Tax Increment Zone Presentation, Main Street Downtown, Chapter 59 project, Financial Advisor, Water And' Wastewater Rate Study Presentation. Noi formal action can  be taken on these items at this time." IV. Public Comment on Agenda Items.3  1. Comments on all agenda and non-agenda items.  V.  Consent Agenda Notice to the Public Page 1of3 AGENDA- KINGSVILLE CITY COMMISSION September 23, 2024    The following items are of a routine or administrative nature. The Commission has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested. by a Commission Member in which event the item ori items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM  items will be adopted by one vote. PREVIOUS MEETINGS:  (At this point the Commission will vote on all motions, resolutions; and ordinances 1. Motion to approve final passage of an ordinance amending the Fiscal Year 2023-2024 Budget to accept and expend grant funds from the Coastal Bend Regional Advisory Council 2. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 3, Water, providing for fees increases for tampering with meters, damaging cut-off valves, discontinuance cut-offs, certain service calls, interest, and late fee charges, and a change in the penalty for late payments. (Finance Director). 3. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Section 13-Purpose and Authority for Third Party Plan Review Services. (Director of Planning and Development 4. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Sections 6, 8, 11,23, &40, and Article 6-Zoning, Section 126, revising permit fees in building, plumbing, fuel gas, and sign 5. Motion to approve final passage of an ordinance amending the City of Kingsville Code ofOrdinances Chapter XV, Article 1, Building Regulations, Section 152, revising thei fee for swimming pools permits. (Director of Planning and Development Services). 6. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter IX, Article 10-Streets and Sidewalks, Section 35-permit required; fee, providing for change toi fees. (Director of Planning and Development Services). 7. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Section 9-7-6 Abatement of Nuisance Lots; Administrative Fees, providing for revision of administrative fees. (Director of Planning and Development Services). 8. Motion to approve City participation in annual events and parades for FY2024-2025.  not removed for individual consideration)  for Fire Department medical supplies. (Fire Chief).  Services).  regulation codes. (Director of Planning and Development Services).  (Downtown Manager).  REGULAR. AGENDA  CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:  VI. Items for consideration by Commissioners.  9. Consider approving al Proclamation naming November 1, 2024 as Arbor Day in the City 10. Consider a resolution of the City of Kingsville, Texas adopting the FEMA approved Kleberg County and City of Kingsville, Texas Multi-Hazard Mitigation Plan. (City Engineer). 11. Consider a resolution authorizing the City Manager to execute the Contract with Global WET LLC for UV Filter Equipment for the Kingsville North and South Waste Water  of Kingsville. (Parks Director).  Page2of3 AGENDA- - KINGSVILLE CITY COMMISSION September 23, 2024    Treatment Plants. (funding for emergency repairs authorized 8/19/24) (Public Works 12. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter IX-General Regulations, Article 8-Parks and Recreation, providing for revised golf course fees for the L.E. Ramey Golf Course. (Parks Director). 13. Consider motion to approve proposed ball Field Rental Fee with Lights and Park Shelter Rental Fee with Electricity, as per Code of Ordinances $9-8-7. (Parks Director). 14. Consider a resolution authorizing the City Manager to execute a Master Services and Purchasing Agreement for Customer and other documents related thereto with Axon Enterprise, Inc. for Police Department Body Worn and In-Car Cameras and Services.  Director).  (Police Chief). VII. Adjournment.  No person's comments shall exceed 5 minutes. Cannot be extended by Commission. No person's comments shall exceed 5 minutes without permission of majority of Commission. Comments are limited to 3 minutes per person. May be extended or permitted at other times in the meeting only with 5 affirmative Commission votes. The speaker musti identify himself by name and Items being considered by the Commission for action except citizen's comments to the Mayor and Commission, no comment at this point without 5 affirmative votes oft the Commission.  address.  NOTICE  This City of Kingsville and Commission Chambers are wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 361/595-8002 or FAX 361/595-8024 or E-Mail valenuelascityorAingaville.com for further information. Braille Is Not Available. The City Commission reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Government Code, Section 551-071 (Consultation with Attorney), 551-072 (Deliberations about Real Property), 551-073 Deliberations about Gifts. and Donations), 551-074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551-086 (Certain Public Power Utilities: I,the undersigned authority do hereby certify that the Notice of Meeting was posted ont the bulletin board at City Hall, City of Kingsville, 400' West King Avenue, Kingsville, Texas, a place convenient and readily accessible to the general public at all times and said Notice was posted on the September 19, 2024, at 4:30 P.M. and remained sO posted continuously for at least 72 hours  Competitive Matters), and 551-087 (Economic Development).  following date and time:  proceeding the scheduled time of said meeting.  mmong Nalngwls Mary Valenzuela, TRMC, City Secretary City of Kingsville, Texas  This public notice was removed from the official posting board at the Kingsville City Hall on the  following date and time: City Secretary's Office City of Kingsville, Texas  By:  Page3of3 AGENDA - KINGSVILLE CITY COMMISSION September 23, 2024    MINUTES OF PREVIOUS  MEETING(S)    SEPTEMBER 12, 2024  A SPECIAL MEETING OF THE CITY OF KINGSVILLE CITY COMMISSION WAS HELD ON THURSDAY, SEPTEMBER 12, 2024, IN THE HELEN KLEBERG GROVES COMMUNITY  ROOM, 400' WEST KING AVENUE, KINGSVILLE, TEXAS AT 5:00 P.M.  CITY COMMISSION PRESENT: Sam R. Fugate, Mayor Edna Lopez, Commissioner Norma N. Alvarez, Commissioner Hector Hinojosa, Commissioner Leo. Alarcon, Commissioner CITY STAFF PRESENT: Mark McLaughlin, City Manager Mary' Valenzuela, City Secretary Courtney Alvarez, City Attorney Derek Wiliams, IT Emilio Garcia, Health Director John Blair, Chief of Police Leticia Salinas, Accounting Manager Deborah Balli, Finance Director Susan Ivy, Park Director Bill Donnell, Public' Works Director Rudy Mora, City Engineer Juan J. Adame, Fire Chief  Kyle Benson, Director of Information & Technology  Erik Spitzer, Director of Economic & Development Services Diana Gonzalez, Human Resources Director Mike Mora, Capital Improvements Manager Charlie Sosa, Purchasing Manager Janine Reyes, Tourism Director Preliminary Proceedings. OPEN MEETING  Mayor Fugate opened the meeting at 5:00 p.m. with all five commission members present. The invocation was delivered by Ms. Courtney Alvarez, City Attorney, followed by the Pledge of  INVOCATION. /PLEDGE OF ALLEGIANCE - (Mayor Fugate)  Allegiance and the Texas Pledge. MINUTES OF PREVIOUS MEETING(S) Special Meeting - August 14, 2024  Motion made by CommissionerLopez to approve the minutes of August 14, 2024, as presented, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Lopez, Alvarez, Hinojosa, Alarcon, Fugate voting  "FOR",  Regular Meeting - August 26, 2024  Motion made by Commissioner Lopez to approve the minutes ofA August 26, 2024, as presented, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Alvarez, Alarcon, Lopez, Fugate voting "FOR".  Hinojosa "ABSTAINED".  Page 1of9- September 12, 2024    Regular Meeting - September 5, 2024  Motion made by Commissioner Lopez to approve the minutes of September 5, 2024, as presented, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Lopez, Alvarez, voting "FOR".  Fugate "ABSTAINED". II. Public Hearing - (Required by Law)." III. Reports from Commission & Staff.2  None.  "At this time, the City Commission and Staff will reportupdate on all committee assignments which may include but is not limited to the following: Planning & Zoning Commission, Zoning Board of Adjustments, Historical Board, Housing Authority Board, Library Board, Health Board, Tourism, Chamber of Commerce, Coastal Bend Council of Governments, Conner Museum, Keep Kingsville Beautiful and Texas Municipal League. Staffreports include the following: Building & Development, Code Enforcement, Proposed Development Report; Accounting & Finance - Financial Services Information, Investment Report, Quarterly Budget Report, Monthly Financial Reports; Police & Fire Department - Grant Update, Police & Fire Reports; Street Updates; Public Works- Building Maintenance, Construction Updates; Park Services - grant(s) update, miscellaneous park projects, Admnsiraton-Woranop Schedule, Interlocal. Agreements, Public Information, Hotel Occupancy Report, Quiet Zone, Proclamations, Health Plan Update, Tax Increment Zone Presentation, Main Street Downtown, Chapter 59 project, Financial Advisor, Water And Wastewater. Rate Study Presentation. No formal action can Mr. Mark McLaughlin, City Manager reported on Sparklight discontinuing analog service in Kingsville. This is a private company, and the city has no authority in Sparklight's Commissioner Alvarez mentioned a situation she encountered with Sparklight for her Ms. Courtney Alvarez, City Attorney reported that the next city commission meeting is scheduled for Monday, September 23, 2024. The deadline to submit agenda items fori that meeting is September 12, 2024. The following meeting will be on Tuesday, October 15, 2024, as Monday, October 14, 2024, is Columbus Day and city offices will be closed. The deadline for agenda items for the October 15th meeting is set for September 27, 2024.  be taken on these items at this time.' "  decision-making. home service.  IV. Public Comment on Agenda Items.3  1. Comments on all agenda and non-agenda items.  No public comments were made.  V.  Consent Agenda Notice to the Public  The following items are of a routine or administrative nature. The Commission has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Commission Member in which event the item or items will immediately be withdrawn fori individual consideration in its normal. sequence after the items not requiring separate discussion have been acted upon. The remaining  items will be adopted by one vote.  Page: 2of9- September 12, 2024    CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM  PREVIOUS MEETINGS:  (At this point the Commission will vote on all motions, resolutions, and ordinances Motion made by Commissioner Lopez to approve the consent agenda as presented, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Alvarez, Hinojosa, Alarcon, Lopez, Fugate voting "FOR". 1. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 2-Sewers, Section 3-Required Taps, Connections, providing for an increase in sewer tap fees. (Public Works Director). 2. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 3, Section 52, providing for an increase in water tapping charges and adding water boring tap charges. (Public Works Director). 3. Motion to approve final passage of an ordinance amending the Fiscal Year 2023- 2024 budget to appropriate additional funding for sanitation professional services  not removed. fori individual consideration)  and vehicle maintenance. (Public Works Director).  REGULAR AGENDA  CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:  VI. Items for consideration by Commissioners.  4. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to accept and expend grant funds from the Coastal Bend Regional Advisory Mr. Juan J. Adame, Fire Chief stated that the Kingsville Fire Department is requesting approval to amend the Fiscal Year 24-25 budget to carry over surplus funds from a grant from the Coastal Bend Region Advisory Council (CBRAC) for $4,149.00. CBRAC distributes funds to emergency medical services departments each year based on the number of EMS Calls. This grant funds will be used to purchase medical equipment and 5. Consider approving authorization to issue Requests for Proposal for Administrative Services for grant Pre-application (phase I), Application (phase II), and Implementation Services for the 2025/2026 Texas Community Development Fund, administered by the Texas Department of Agriculture. (City Engineer). Mr. Rudy Mora, City Engineer stated that the Community Development Fund fori the 2025- 2026 cycle offers a maximum award of $750,000 with a city catch match requirement of 15% which equals $112,500.00 which can include in-kind service line in-house engineering. Historically, high-scoring applications have focused on water system improvements, crucial for providing quality housing and living conditions, especially for low to moderate-income residents. The program aims to develop a viable community by expanding economic opportunities for low to moderate-income residents. This goal aligns with our objectives for the 2025-2026 funding cycle. Mr. Mora further stated that the deadline for applications for the 2025-2026 funding cycle is December 1, 2024. Adhering to this timeline is crucial for submitting a competitive application. The cost to advertise the FRO in the local newspaper is approximately $500. This expenditure is essential for attracting a competitive selection of qualified administrative service providers, ensuring  Council for Fire Department medical supplies. (Fire Chief).  supplies. Introduction item.  effective grant administration.  Page 3of9- September 12, 2024    Motion made by Commissioner Alvarez to authorize issue Requests for Proposal for Administrative Services for grant Pre-application (phase I), Application (phase II), and implementation Services for the 2025/2026 Texas Community Development Fund, administered by the Texas Department of Agriculture, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: 6. Consider a resolution authorizing the City to submit an application to the U.S. Bureau of Reclamation WaterSMART Drought Response Grant Program for the City Mr. Mora stated that The U.S. Bureau of Reclamation has announced the WaterSMART Drought Response Program for Fiscal Year 2025, offering grants between $25,000 and $10,000,000. As a disadvantaged community, the city is eligible for this program, which provides 95% federal funding and requires a 5% city match. If awarded, the following projects are under consideration: Rehabilitation of well #20 with new equipment; Rehabilitation of well #14 with new equipment; Construction of a new Elevated Storage Tank (EST) at well #25; Installation ofai new water well at Dick Kleberg Park; Rehabilitation of wells #22 and #24. These projects are crucial for maintaining and enhancing our water infrastructure, particularly during drought conditions. Water is essential for community consumption, fire protection, economic growth, social equity, and environmental Motion made by Commissioner Alarcon to approve the resolution authorizing the city to submit an application to the U.S. Bureau of Reclamation WaterSMART Drought Response Grant Program for the City of Kingsville, Texas, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: 7. Consider awarding bid for RFP#24-13 Landfill South Drainage Infrastructure- Lined Channel as per recommendation of contract engineer. (Purchasing Manager). Mr. Charlie Sosa, Purchasing Manager stated that this item authorizes the city to accept bids and award a contract to Lowman Land Improvements Inc., for RFP #24-13 Landfill South Drainage Infrastructure-lined Channel for the city. The request for proposal was advertised in the Kingsville Record on August 1, 2024, and August 8, 2024. The city received four responses from Lowman Land Improvements of Orange Grove, TX, ERS of MS Inc. of. Jacksonville, MS., Texas Chili of Kingwood, TX, and EnviroCon Systems Inc. of Houston, TX. Mr. Sosa further stated that Hanson Engineering reviewed the proposal and found the information received responsive. Bids received range from $299,814.00 to $490,714.64. Hanson Engineering is recommending the city accept the apparent low bidder, Lowman Land Improvement Inc. for $299,814.00. Funds are available through the Motion made by Commissioner Lopez to award bid for RFP#24-13, Landfill South Drainage Infrastructure Lined Channel as per the recommendation of contract engineer, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Lopez, Alvarez, Hinojosa, Alarcon, Fugate voting 8. Consider final passage of an ordinance adopting the City Manager's budget, as amended, oft the City of Kingsville, Texas, and appropriating funds for the fiscal year beginning October 01, 2024, and ending September 30, 2025, in the particulars Mr. McLaughlin went over highlights regarding the FY 24-25 budget. He stated that the budget has revenues of $96,343,339.20 and expenses of $116,179,345.63. This is  Hinojosa, Alarcon, Lopez, Alvarez, Fugate voting "FOR".  ofk Kingsville, Texas. (City Engineer).  sustainabilty.  Alarcon, Lopez, Alvarez, Hinojosa, Fugate voting "FOR".  Landfill Closure line item.  "FOR".  hereinafter stated. (Finance Director).  Page 4of9-5 September 12, 2024    predicated on at tax rate of $0.77000 ont the hundred dollars for the ad valorem taxi rate. Of that, the M&O portion oft the tax rate is $0.6048, ont the hundred which willl bring in revenues for maintenance and operations of about $7 million. The Interest and Sinking fund to cover the city's debt is $0.1652 on the hundred which is to pay the city's debt for next year of $1,944,426.00, this is predicated on a 98% collection rate. The $0.77000 on the hundred falls above the no new revenue rate of $0.73176 but below the voter-approved tax rate of $0.79793. Mr. McLaughlin further stated thati int this budget there is a water increase of 15% which will bring approximately $750,000.00 in additional revenues to support the city's capital improvement plan. The sewer rate has an increase of 13% which will bring approximately $624,000.00 for sewer work that needs to be done. The sales tax that is in this budget is $6,446,139.00 which is what was anticipated would be collected fort this year. Sales tax numbers came out today and it was a great month of September, which is about $63,000 above the budget and end the year at about $6.5 million on the sales tax. The street user fee has an increase of $2.001 for residential and 20% for commercial. The street user fee should bring in approximately $311,000.00 which is higher than this year. Mr. McLaughlin stated that he will be meeting with staff to get the order of streets that need to get done and if it all works out, about seven miles of road will be done with three of them full-depth construction and seventeen will be chip sealed and eight that will be milled and overlayed. The General Fund, fund balance in this budget, as of now, is projected to be $6,921,921.96 which is 26.59% and the city meets all its requirements. The Utility Fund has a projected ending fund balance for September of next year of $3,465,941.52 whichi is at 26.06%. The budget that is being proposed is a culmination of work that has been discussed with the commission throughout seven budget workshops. The budget includes the two collective bargaining agreements, a new collective bargaining agreement for Fire, and year two for the Kingsville Police Department. Also included are 17 of the 175 supplementals submitted totaling over $1.41 million in capital improvements and heavy lifting work that needs to get done. Mr. McLaughlin stated that the city meets all of its debt obligations for next year. This continues the second year of the Evergreen Compensation Plan int this budget. There are some changes tot this budget such as the Jail Contract which is almost $320,000 which is a 127% increase over this year. It also includes staffing of2 2 firefighters, but are not paid for yet, they will budget amendment for when funds become available with the positions that are not filled right now. This will be the last year for the expensing of ARP Funds as all funds need to be earmarked by this December and spent by next year. The health insurance increase was 18%, which will be paid by the city sO that we would not have to impact the employee. There is a change in the property and liability as the city has migrated to the TML Risk Pool for this next budget. The overall budget increased from $374,000.00 to $408,000.00, including windstorm. Mr. McLaughlin thanked Motion made by Commissioner Lopez I move to approve final passage of an ordinance adopting the City Manager's budget, as amended, ofthe City ofKingsville, Texas, and appropriating funds for the fiscal year beginning October 1, 2024, and ending September 30, 2025, in the particulars hereafter stated, seconded by Commissioner Alvarez asked about the dollar amount for expenses being higher than the amount for revenues. Where is the additional money coming from? Mr. McLaughlin responded that it looks like a deficit, but it's not. He further stated that the revenues that are needed to make these expenses have already been collected either this year or the previous year to this year. He further stated that there is around $47 million in all the fund balances added up. It is projected to expense it this next fiscal year and we have already collected it. He also stated that you don't count revenues twice. Commissioner Alvarez asked if the city has al healthy fund balance. Mr. McLaughlin responded yes.  the commission fori their input during the budget workshops.  Commissioner Alvarez.  Page! 5of9-September: 12, 2024    The motion was passed and approved by the following vote: Alvarez, Hinojosa, 9. Consider ratifying the property tax increase reflected in the 2024-2025 Annual Motion made by Commissioner Lopez I move to ratify the property tax increase reflected in the 2024-2025 Annual Budget for the City of Kingsville, Texas, seconded by Commissioner Alvarez. The motion was passed and approved by the following 10. Consider final passage of an ordinance establishing and adopting the ad valorem tax rate for all taxable property within the City of Kingsville, Texas for fiscal year beginning October 01, 2024, and ending September 30, 2025, distributing the tax levy among the various funds, and providing for a lien on real and personal propertyt to Motion made by Commissioner Alvarez, I move that the property tax rate be increased by the adoption ofatax rate of$0.77000, which is effectivelya5.23 percent increase in the tax rate, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: Alarcon, Lopez, Alvarez, Hinojosa, Fugate 11. Consider final passage of an ordinance amending the City of Kingsville Code of Ordinances by amending Chapter III, Article 7, Personnel Policies. (Human Mr. McLaughlin stated that this is the compensation plan that is passed every year that Motion made by Commissioner Lopez to approve the ordinance amending the City of Kingsville Code of Ordinances by amending Chapter III, Article 7, Personnel Policies, seconded by Commissioner. Alvarez. The motion was passed and approved by the following vote: Lopez, Alvarez, Hinojosa, Fugate voting "FOR". Alarcon voting 12. Consider final passage of an ordinance ratifying classifications and prescribing the number of positions in such classifications for the classified service in the Fire Department by adding two new civil service positions. (Human Resource Director). Motion made by Commissioner Lopez to. approve the ordinance ratifying classifications and prescribing the number of positions in such classifications for the classified service in the Fire Department by adding two new civil service positions, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Alvarez, Hinojosa, Alarcon, Lopez, Fugate voting 13. Consider final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 3-Water, providing for an increase in water rates, Mr. McLaughlin stated that this ordinance is for an increase in water rates of 15%. Motion made by Commissioner Alvarez to approve the ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 3-Water, providing for an increase in water rates, providing for an increase in water rates, seconded by Commissioner Lopez. The motion was passed and approved by the following vote:  Alarcon, Lopez, Fugate voting "FOR".  Budget of the City of Kingsville. (Finance Director).  vote: Hinojosa, Alarcon, Lopez, Alvarez, Fugate voting FOR".  secure the payment of taxes assessed. (Finance Director).  voting FOR".  Resource Director).  includes all the positions in the city.  "AGAINST".  "FOR".  providing for an increase in water rates. (Finance Director).  Hinojosa, Alarcon, Lopez, Alvarez, Fugate voting "FOR".  Page 6of9-September 12, 2024    14. Consider final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 2, Sewers, Section-2 User Classification, Schedule Of Charges, providing for an increase in sewer rates. (Finance Director). Motion made by Commissioner Alarcon to approve the ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 2, Sewers, Section-2 User Classification, Schedule Of Charges, providing for an increase in sewer rates, seconded by Commissioner Lopez, The motion was passed and approved by the following vote: Alarcon, Lopez, Alvarez, Hinojosa, Fugate voting "FOR". 15. Consider final passage of an ordinance amending the City of Kingsville Code of Ordinances Sections 9-10-56 and 57 to update the fees used for the purposes of Motion made by Commissioner Lopez to approve the ordinance amending the City of Kingsville Code of Ordinances Sections 9-10-56 and 57 to update the fees used for the purposes of funding the City Streets System, seconded by Commissioner Alarcon. The motion was passed and approved by thet following vote: Lopez, Alvarez, 16. Consider final passage of an ordinance amending the Code of Ordinances of the City of Kingsville, Texas, Chapter V Public Works, Article 6 "Stormwater Utility System", Section 21 Fee Calculation, to increase the monthly stormwater utility fees for the purpose of funding the stormwater utility system. (City Engineer). Motion made by Commissioner Lopez to approve the ordinance amending the Code of Ordinances of the City of Kingsville, Texas, Chapter V Public Works, Article 6 "Stormwater Utility System", Section 21 Fee Calculation, to increase the monthly stormwater utility fees for the purpose of funding the stormwater utility system, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Alvarez, Hinojosa, Alarcon, Lopez, Fugate voting FOR". 17. Consider rejecting all bids for Bid No. 24-14: 2023-2024 City-wide Miscellaneous Concrete and Drainage Improvements - Phase 3. (City Engineer). Motion made by Commissioner Alarcon to approve rejecting all bids for Bid No. 24- 14: 2023-2024 City-wide Miscellaneous Concrete and Drainage Improvements - Commissioner Alvarez asked for the number of bids received and further asked if staff will Mr. Mora responded that there were three bids received with two of them withdrawing their bids after being turned in. There were some errors int the bidding process, sO staff wants to  funding the City Streets System. (City Engineer/).  Hinojosa, Alarcon, Fugate voting' "FOR".  Phase 3, seconded by Commissionerlopez  be going out for bids again.  clarify everything and start on a clean slate.  Mayor Fugate asked if this had been presented to the commission before.  Mr. Mora responded not for awarding. This is for phase 3 out of two other phases, sO to The motion was passed and approved by the following vote: Hinojosa, Alarcon, 18. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 3, Water, providing for fees increases for tampering with meters, damaging cut-off valves, discontinuance cut-offs, certain service calls, interest, and late fee charges, and a change in the penalty for late payments.  answer the question yes.  Lopez, Alvarez, Fugate voting "FOR".  (Finance Director).  Page 7of9- -September 12, 2024    Mr. McLaughlin stated that there is damage to the city's property from individuals that tamper with city equipment. This will not charge them a penalty for the tampering.  Introduction item.  19. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Section 13-Purpose and Authority for Third Party Plan Review Services. (Director of Planning and Mr. Erik Spitzer, Director of Planning and Development Services stated that is being proposed to add language to the existing third-party plan review ordinance to ensure that the fees charged by the company, specifically Bureau Veritas, for both residential and commercial plans are recouped by the city. The city currently has an existing contract with ath third-party company to review those when the workload surpasses the local department capacity. To ensure those proper fees are recouped the third-party fees will be collected upfront from the customer plus a 10% administrative fee when the plans are accepted for  Development Services).  review. Introduction item.  20. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Sections 6, 8,11,23,&4 40, and Article 6-Zoning, Section 126, revising permit fees in building, plumbing, fuel gas, and sign regulation codes. (Director of Planning and Development Services). Mr. Spitzer stated that this is for a $0.02 increase per square foot to roof fees collected. There is a current reinspection fee of $50.00and what is being recommended is the second reinspection fee of $100.00 for the same item being inspected. If it fails twice and had to have a third reinspection it would be for a cost of $150.00. There is a $100.00 permit fee for new commercial construction that was not considered before, which would account for all the time spent by the Permit Clerk and Building Official. The fence fee is from $35.00to $50.00 and a permit renewal fee of $75.00, if you would like to extend that permit beyond ay year. Commercial remodels, the current ordinance does not cover those remodels, soi it isproposed that a fee of$125.00 for review and $0.30 per square foot. For swimming pools, there was no pool application fee and now it is being proposed pool application fee of $25.00 for plan review and $0.30 per square foot. The fee for a permanent certificate of occupancy was $25.00 and if there were additional floors it was $15.00, but it is now being proposed to be a straight $75.00 fee. There is a small increase being proposed for the water heater permit from $10.00 to $15.00. Mr. Spitzer further stated that when staff has caught individuals working without a permit, the current fee is double the amount of the permit fee. What is being proposed is an additional $150.00 to deter work without a permit. 21. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter) XV,Article 1, Building Regulations, Section 152, revising the fee for swimming pools permits. (Director of Planning and Development Services). Mr. Spitzer stated that this would be a $25.00 review fee plus $0.30 per square foot.  Introduction item.  Introduction item.  22. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter IX, Article 10-Streets and Sidewalks, Section 35-permit required; fee, providing for change to fees. (Director of Planning and Development Services).  Page 8of9- September 12, 2024    Mr. Spitzer stated that this is for a driveway curb out from $15.00 to $50.00 and a  sidewalk/curb and gutter from $10.00t0$50.00.  Introduction item.  23. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Section 9-7-6 Abatement of Nuisance Lots; Administrative Fees, providing for revision of administrative fees. (Director of Planning and Development Mr. Spitzer stated that in this section the current administrative fee for abatements is $150.00 plus additional based ont the operator or two, we currently have only one operator working. The proposed increase is $300.00 for the first abatement and $400.00 for the second abatement, and $500.00 for the third abatement at the same location.  Services).  Introduction item. VI. Adjournment.  There being no further business to come before the City Commission, the meeting was  adjourned at 5:48 p.m.  Sam R. Fugate, Mayor  ATTEST:  Mary Valenzuela, City Secretary  Page 9 of9-September 12,2 2024    CONSENT AGENDA    AGENDA ITEM #1    City of Kingsville Department Name  TO: CC: FROM: DATE:  Mayor and City Commissioners Mark McLaughlin, City Manager Juan. J. Adame, Fire Chief September 5,2024  SUBJECT: Fire Department Budget Amendment  Summary: Background: EMS calls. Financial Impact: Recommendation:  The Kingsville Fire Department is requesting approval to amend the FY: 24-25 budget to carry-over surplus funds from a grant from the Coastal Bend Regional Advisory Council (CBRAC) in the amount of $4,149. Each year CBRAC distributes funds to emergency medical services departments based on the number of  No financial impact. This grant will be used to purchase medical equipment and supplies. Approve the carry over of surplus funds from the CBRAC grant in the amount of $4,149.  Kingsvilleh EE  TEXAS    glisoded ojes 0104d  woeg uo syegeg    ORDINANCE NO. 2024-  AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO ACCEPT AND EXPEND GRANT FUNDS FROM THE COASTAL BEND REGIONAL ADVISORY COUNCIL WHEREAS, it was unforeseen when the budget was adopted that there would be a need for  FOR FIRE DEPARTMENT MEDICAL SUPPLIES. funding for these expenditures this fiscal year.  I.  BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2023-  2024 budget be amended as follows:  CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#59 Account Name  Dept Dept Name No. Fund, 027-E EMS Fund Revenues 2200 Fire Expenditures 2200 Fire  Account  Budget  Budget  Number Increase Decrease  State Grants Medical Supplies  72010 22400  $4,149 $4,149  [To amend the City of Kingsville FY 23-24 budget to accept and expend grants funds from the Coastal Bend Regional Advisory Council for medical supplies. Funding will come from the  grant funding for this purpose.]  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the  extent ofs such conflict only.  III.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission  1    that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given  full force and effect for its purpose.  IV.  THAT this Ordinance shall not be codified but shall become effective on and after adoption and  publication as required by law.  INTRODUCED on this the 12th day of September 2024.  PASSED AND APPROVED on this the 23rd day of September 2024.  EFFECTIVE DATE:  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TOFORM:  Courtney Alvarez, City Attorney  2    AGENDA ITEM #2    City of Kingsville  Public Works, Wastewater Division  TO: CC: FROM: DATE: SUBJECT: Summary:  Mayor and City Commissioners Mark McLaughlin, City Manager Deborah Balli, Finance Director August 28, 2024  Utility Billing Feel Increases-F FY24-25 Budget  The Utility Billing Department analyzed their current fees and determined there were several fees that either needed to bei implemented and increased and include the following:  Utility Billing Penalty (Late Fee). - The proposed fee would bet the greater of $5.00or1 10% of the current bill. Thei fee currently ist the greater of $3.00 or 3%ofthe current bill. Alice Utility Billing Reconnect Fee (During Business Hours) - This would be ai newi fee ast the City does not charge a reconnect fee. Currently there are 179 reconnects per month. Utility Billing Reconnect Fee (After Hours) - This would increase the fee from $501 to $75. Utility Billing Tamper Fees-T The current fees are $75 fori the 1s'tamper, $1501 for the 2nd tamper with a max of $1,000 in fees. The new fees would be $100 for the 1st tamper, $200 for the 2nd tamper with a max of $1,000 in fees. Once the fee max is reached, the  changes 15% oft the current bill.  On average, there are only 10 calls per year.  meteri is removed. Financial Impact: FY24-25. Recommendation: above.  The additional estimated revenues of $62,1501 have been included in the Utility Fund budget for  Staffrecommends: the approval oft the proposed new or updates to current fees as stated  TEXAS  Kingsvillet    ORDINANCE NO. 2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER V, ARTICLE 3, WATER, PROVIDING FOR FEES INCREASES FOR TAMPERING WITH METERS, DAMAGING CUT-OFF VALVES, DISCONTINUANCE CUT-OFFS, CERTAIN SERVICE CALLS, INTEREST, AND LATE FEE CHARGES, AND A CHANGE IN THE PENALTY FOR LATE PAYMENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, the cost to provide this service has increased substantially in the time since WHEREAS, this Ordinance is necessary to protect the public safety, health, and welfare NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF  the rates were last adjusted; ofthe City of Kingsville. KINGSVILLE, TEXAS:  I.  THAT Section 5-3-33 through 5-3-99 of Article 3: Water of Chapter V, Public Works, of the Code of Ordinances of the City of Kingsville, Texas, shall be amended to read as  follows:  $5-3-33 TAMPERING OR INTERFERING WITH METERS AND THE LIKE.  Itshall be unlawful for any person:  (A) To cover over or conceal from view any water valve box, service or meter box; (B) To remove any water meter or water meter lid that has been placed by the city, or toi in any manner change, interfere with or tamper with any water meter or water meter (C) To directly ori indirectly inhibit authorized representatives oft the city from reading, checking or repairing water meter and/or meter box at all reasonable hours of the day. (62 Code, $3-1-2) (Ord. - passed 9-22-58; Am. Ord. 81003, passed 1-26-81) A violation of this ordinance shall result in a fee of $75.00 $100 for the initial violation, $150.00 $200 for a second violation, and an additional $150.00 $200 fee for each  lid;  additional violation not to exceed $2,000  1    $5-3-37 DAMAGE TO CUT-OFF VALVE.  The unintentional damage of a cut-off valve shall result in a fee to the customer bF$50 ranging from $123.75through $674.41 depending on the size of the meter at the location  tothe-customer,  $5-3-53 FAILURE TO PAY; DISCONTINUE SERVICE.  (A) All charges for water service furnished or rendered by the City. Water Department shall be due when rendered and are payable, unless otherwise specified, on or before the date shown oni the face of the bill. Bills not paid by this date are in default and service (B) Notice of default shall be sent toi the customer by U.S. Mail to the address shown on (C) When service has been discontinued fori failure to payf for services rendered, a charge of $20 shall be levied for each and every meter discontinued. Where a meter has been removed or locked for failure to pay for services rendered, an additional charge of $25 $45 shall be levied for each and every meter removed or locked. These charges must be paid before such service shall be restored or water turned on. An additional fee of $50 $75 shall be charged for restoration of service after. regular working hours and an additional fee of $25 shall be charged for restoration of service during regular working hours; the payment shall be due ati the time ofs service, such payment being accepted only (D) Failure to receive a bill in no way exempts a customer from payment of bills or the (E) Any customer owing water, garbage or sewer bills, and removing to other premises where there are water connections or where connections are thereafter made, shall, before being permitted to use the water, pay all former delinquencies. Further, a customer's current unpaid water, sewer and garbage charges may be transferred to another premises where water service is currently in use when services are being rendered to the same person at the same time, and one is disconnected. (62 Code, S (F) It is the policy of the city to discontinue water service to customers by reason of nonpayment ofbills only after notice and a meanigtuiopportunlylo! be heard on disputed bills. The city's form for application for water service and all bills shall contain the address and telephone number for billing inquires, clearly visible and easily readable provisions  may be discontinued for such default. the customer's application.  in the form of check or money order. provisions of these terms and conditions.  3-1-13) (Ord. 84030, passed 10-29-84) Penalty, see $ 5-3-99  toi the effect:  2    (1) That all bills are due and payable on or before the date set forth on the bill; (2) That if any bill is not paid by or before that date, a second bill willl be mailed containing a cutoff notice that if the bill is not paid within eight days of the mailing of the  and  second bill, service will be discontinued for nonpayment; and  (3) That any customer disputing the correctness of his bill shall have a right to present orally or in writing his complaint and contentions to the city official in charge of water billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's (G) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the dispute procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at (H) When it becomes necessary for the city to discontinue water service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due  complaint.  least 30 days.  have been paid, along with the charges listed in division (C) above.  Statutoryreference: CODE S 402.0025 and 552.0025  Connection and disconnection for municipal utility service, see TEX. Loc. GOVT  $5-3-54 INTEREST CHARGE ON LATE PAYMENTS.  In addition to the terms and conditions stated in S 5-3-53, all customer classes shall pay a penalty if not paid by the due date printed on the customer's bill. The penalty shall bei the greater of $5$3or 3%5% oft the current billing due as stated on the bill. An interest charge shall be assessed on all accumulated arrears, penalties, and interest which are not paid by the subsequent month's billing. The interest charge shall be the greater ofS5 $3 or 3% 5% per month and shall be assessed on all amounts shown as arrears,  penalties, or interest due.  (62 Code, S 3-1-13) (Ord. 89043, passed 9-11-89) $5-3-55 WAIVER OF LATE CHARGES; EXEMPTION.  (A) Utility bills are due and payable by the 14th day after the date on the bill. The greater of $5 $3 or 3% 5% of the bill due will be assessed as a late charge on bills not paid by the due date. However, the late service charge may be exempted for a period of 25 days upon request of an individual customer who is receiving social security benefits  3    (retirement or disability) and is lowi income. Persons receiving social security benefits are considered low income if their sole source of support are social security payments and  their outside income, ifany, does not exceed $3,850 annually. (62 Code, $3-1-13) (Ord. 90026, passed 6-25-90)  $ 5-3-99 PENALTY.  (A) Any person who violates any provision of this article for which no penalty is otherwise provided shall be subject to the penalty provided in S 1-1-99. (B) Violation of any of the provisions of S 5-3-35 shall constitute a misdemeanor and be punishable by a fine of not less than $250.00 nor more than $2,000.00 and each day shall constitute a separate offense, provided that, any violation of this section which results or could result in the pollution, endangering, or contaminating of the publiç water supply shall constitute a misdemeanor and be punishable by a fine not less than $1,500.00 nor more than $2,000.00 and each day shall constitute a separate (C) Any person, firm or corporation violating any of the provisions of the mandatory water use restrictions which have been formally initiated by the city and contained in the Water Conservation and Drought Contingency Program as adopted in S 5-3- 36 shall be deemed guilty of a misdemeanor and upon conviction in the Municipal Court of the city shall be punished by a fine not to exceed the sum of $500.00 for each offense, and each and every day any such violation shall continue shall be deemed to (D) A violation of SS 5-3-32 through 5-3-34, SS 5-3-37 through 5-3-39 and $S5-3- 52 through 5-3-54 shall result in a fee of $75.00 $100 for the initial violation, $150.00 $200 for a second violation, and an additional $150.00 $200 fee for each additional (Ord. 94020, passed 9-12-94; Ord. 95029, passed 11-13-95; Ord. 2002-20, passed 9-  offense.  constitute a separate offense.  violation not to exceed $2,000.00.  9-02)  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed  to the extent of such conflict only.  III.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment ofa court of competent jurisdiction, it shall not affect any other section, paragraph,  4    subdivision, clause, phrase, word or provision of this ordinance, fori it is the definite intent oft this City Commission that every section, paragraph, subdivision, clause, phrase, word  or provision hereof be given full force and effect fori its purpose.  IV.  THAT this Ordinance shall be codified and become effective on and after adoption and  publication as required by law.  INTRODUCED oni this the 12th day of September, 2024.  PASSED AND APPROVED on this the 23rd day of September, 2024.  Effective Date:  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney  5    AGENDA ITEM #3    Planning and) Development Services 410 WI King TX Kingsville, 78363 PH: 361-595-8055  Cy Kingsville  MEMO  Date: To: From: Subject:  August 29+,2024 Markl McLaughlin (City Manager)  Erik Spitzer (Director of] Planning and Development Services)  The City of] Kingsville Planning and Development Services Department is seeking approval from the City Commissioners. and Mayor to: add language to the existing Third-Party! Plan Review Ordinance to ensure fees charged by: a company for residential: and commercial plan reviews are  recouped by the city  Summary: The Department of Planning and Development Services currently has an existing contract with a' Third-Party Plan Reviewer ("Bureau Veritas") to. conduct plan reviews for both residential and commercial plans when workload surpasses local department capacity. To ensure the proper fees are recouped when plans are sent to the Third-Party Plan Reviewer, the Planning Department will collect the Third-Party" company fees upfront from the customer + a 10% Background: The current City of Kingsville Code of Ordinance Sec. 15-1-13 does noti reflect this "pass thru"cost.  administrative fee when plans are accepted for review.  Proposed additional language underlined and highlighted in "yellow"below: Sec. 15-1-13 Purpose and authority for third party plan review services.  Thej purpose ofthe procedures enumerated in this section ist toj provide the city with as selection procedure for pre- qualifying companies toj perform the services ofp plan review under thej provisions established by the code. This section shall be applicablet to the city's selection oft third-party plan review companies under the authority of the Building Official. Specifically, the city, by and through thel Building Official, shall select at third-party plan review company solely on the basis of qualifications. The Building Official through thel Pre-Qualification. Procedure enumerated herein shall review a company's qualifications. In addition, this section does not apply to1 the hiring ofs such companies byt the city toj provide services relating toj potential litigation or to provide services ancillary to compliance with local, state, or federal laws. Such hiring shall be done in consultation with the City Attorney andi in accordance with the applicable requirements of local, state, or federal law. Allplan review fees charged bya at third party company (with which the city has an existing contract)will be paid. for. upfront by. the customer séeking a plan review plus al 10% administrative fee (e.g.. company X" chargés $15001 for à plan review ofa a's single family residence: the City of Kingsville Planning Départment will chàrge the Financial Impact: Third-Party Plan Review fees will be collected upfront from the customer to ensure solvency within Recommendation: Staffrecommends: approving thei newi proposed language within the existing ordinance.  customer $1650 before the plans are. sent tot the third-party company for review).  the city's plan review budget linei item.  Erik Spitzer  Director ofPlanning and Development Services    Courtney Alvarez From: Sent: To: Cc: Subject:  Erik Spitzer. Erik Spitzer Reimbursement  Tuesday, August 27, 2024 3:59PM Courtney Alvarez; Mark Mclaughlin  Proposed Change to City of Kingsville Ordinance WRT 3rd Party Vendor Plan Review  Courtney,  Marka asked met to propose newl language to add within the existing city ordinance that speaks to 3rd party vendor  services and reimbursements:  Sec. 15-1-13.-Purpose: and authorityf for third party plan review services.  Thej purpose of the procedures enumerated ini this sectioni ist to provide the cityv with a selection procedure for pre- qualifying companiest to perform the serviçes of plan review under the provisions established by the code. This section shall be applicable tot the city's selection oft third party plan review companies under the authority of the Building Official. Specifically, the city, by and through the Building Official, shall select at third party plan review companys solely oni thel basis of qualifications. The Building Official through the Pre-Qualification! Procedure enumerated herein shall review a company's qualifications. In addition this section does not apply to thel hiring of such companies byt the city to provide services relating top potential litigation ort to provide serviçes ancillary to compliance with local, state, orf federal laws. Such hirings shall be donei in consultation witht the City Attorney and ina accordance withi the applicable requirements. of local, state, ort federal law.. ALL plan review fees charged bya third party company (with which the city has an existing contract) will be paid for upfront byt the customer seeking a plani review plus a 10% administrative fee (e.g., company" "X" charges $1500 for a plan review ofa as singlet family residence; the City of Kingsville Planning Department will charget the customer $1650 before the plans are sent to  thet third party companyf fori review). (Ord. 2004-16, passed 6-28-04) Very Respectfuly, Erik Spitzer  City of Kingsville Planning and Development Services Director  espizer@cityoikingsvlle.com  B NRSe    ORDINANCE NO. 2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER XV, ARTICLE 1-BUILDING REGULATIONS, SECTION 13-PURPOSE AND AUTHORITY FOR THIRD PARTY PLAN REVIEW SERVICES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN WHEREAS, this Ordinance has not been revised since it was approved on June 28, 2004 via Ordinance #2004-16 and some updates are needed; WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE  EFFECTIVE DATE AND PUBLICATION.  welfare of the City of Kingsville. CITY OF KINGSVILLE, TEXAS:  I.  THAT Sections 15-1-13 of Article 1: Building Regulations of Chapter XV, Building Code, of the Code of Ordinances of the City of Kingsville, Texas, shall be  amended to read as follows:  $15-1-13 PURPOSE AND AUTHORITY FOR THIRD PARTY PLAN REVIEW  SERVICES.  The purpose of the procedures enumerated in this section is to provide the city with a selection procedure for pre-qualifying companies to perform the services of plan review under the provisions established by the Code. This section shall be applicable to the city's selection of third party plan review companies under the authority of the Building Official. Specifically, the City, by and through the Building Official, shall select a third party plan review company solely on the basis of qualifications. The Building Official through the Pre- Qualification Procedure enumerated herein shall review a company's qualifiçations. In addition this section does not apply to the hiring of such companies by the City to provide services relating to potential litigation or to provide services ancillary to compliance with local, state, or federal laws. Such hiring shall be. done in consultation with the City Attorney and in accordance with the applicable requirements of local, state, or federal law. All plan review fees charged by a third party company (with which the City has an existing contract) will be paid for upfront by the customer seeking a plan review plus a 10% administrative fee (e.g.: company "X" charges $1,500 for a plan review fee of a single family residence; the City's 10% of that is $150, so the City of Kingsville Planning Department will charge the customer a total of $1,650, which must be received before the plans are sent to the third-party company for review).    II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are  repealed to the extent of such conflict only.  III.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and  effect for its purpose.  IV.  THAT this Ordinance shall be codified and become effective on and after  adoption and publication as required by law.  INTRODUCED on this the 12th day of September, 2024.  PASSED AND APPROVED on this the 23rd day of September, 2024.  Effective Date: Sam Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney    AGENDA ITEM #4    ORDINANCE NO. 2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER XV, ARTICLE 1-BUILDING REGULATIONS, SECTIONS 6, 8, 11, 23, & 40, AND ARTICLE 6-ZONING, SECTION 126, REVISING PERMIT FEES IN BUILDING, PLUMBING, FUEL GAS, AND SIGN REGULATION CODES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEREAS, the cost to provide the services has gone up since these ordinances WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE  FOR. AN EFFECTIVE DATE AND PUBLICATION.  were last revised;  welfare of the City of Kingsville. CITY OF KINGSVILLE, TEXAS:  1.  THAT Sections 15-1-6, 8, 11,23, and 40 of Article 1: Building Regulations of: Chapter XV, Building Code, of the Code of Ordinances oft the City of Kingsville,  Texas, shall be amended to read as follows:  $15-1-6 SCHEDULE OF PERMIT FEES.  (A) On all repairs or alterations to existing buildings or on construction of other than buildings, fees will be based on a flat fee. as restated in subdivision (B)(1) hereof (B) The permit fee for all new buildings or additions to existing buildings where the (1). (a) Permit fees. for remodeling, repair, or alterations to existing. buildings will be charged on a flat fee basis. A project with one inspection or more, if necessary, (that is not a re-inspection) will be charged a flat fee of $100.00 dollars.. Duplexes, apartments, hotels, and motels shall be charged an additional fee. of $10.00 per unit. Permit fees for roof repairs shall be charged a permit fee of $0.06 $0.08 per square foot. When the work performed does not meet the code requirements and a reinspection is required, a reinspection fee of $50.00 will be charged for each the first reinspection! the second reinspection fee will be $100.00; ther't third 1. All buildings shall be charged a permit fee of $0.30 per square foot. The minimum fee shall be $25.. Duplexes, apartments, hotels, and motels shall be charged an additional fee. of $10.00 per unit. A  shall apply.  floor area isi increased, shall be as follows:  reinspection fee will be $150.00. (b) Permit fees; new buildings and additions.    Construction Site Office shall be charged a permit fee based on 2. Ina applying paragraph 1. of this subdivision (b), square footage shall" be determined by including each floor level including basements and cellars, mechanical rooms, storage. areas, lofts, balconies, porches, sun decks, covered patios, preezeways, carports, garages, sheds and 3. Moved buildings or. structures. A fee of $0.20 per square foot shall be charged for. the issuance of any permit for a. moved building or (c) Ap plan review fee shall be paid upon submission of permit for review as listed below. Thèse fees will be credited to any plan review or administrative fees set forth in later sections of this ordinance, should those fees be in excess of thei fees stated below: 1. $250.00 for new single family or two-family residential construction anda 2. $500.00 for new multi-family residential 3. $500.001 for new commercial constructionland: a $100 permiti fee 4. $25.00 for any plumbing, mechanical or electrical permit. 5. $25.00 for any accessory building 6. $25.00 and $0.20/square foot for signs 7. $25.00 and $0.30/square foot for residential remodel 8. $25.00 for commercial tenant finish out 9. $35.00 $50.00 fénce permit.: 10$ $75.00 for a permit renewal  inspection and review requirements.  other similar areas. structure.  $35 permit fee.  11.$125.00 (reviewifee) and: $0.30/square foot for any commercial  remodel.  (2) Moving buildings or structures. A fee of $110.00 shall be charged for the issuance of any permit for the moving of al building or structuré. (3) Demolition of building or structure.: A fee of $75.00 shall be charged fori issuing ap permit for the demolition of any building or structure. (4) Plan-checking fee. A plan-checking fee shall be paid at the time of submitting plans and specifications for review of commercial projects. The plan-cheçking fee shall be equal to one-half of the building permit fee as set forth in $:109-0 of the Interational Building Code. Such plan-checking fee is in addition to the building permit fee. A: Plan Update or Revision fee shall be charged equal to 50% of the original Plan Review fee and shall be. payable upon submission of (5). Starting work without permit. Where work for which a permit is required by this code is started or. proceeded with prior to obtaining the permit, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this code in the execution oft the work nor from any other penalties prescribed herein. (6) Investigation fee. The fee for any investigation required for building  update or revision.  construction is equal toi the cost oft the plan review.  2    (7) After hours inspection fee. The cost of performing and inspection after regular business hours is equal to $50.00 per hour with a: 2 hour minimum charge. (8) Reinspection fee. When. the work performed does not meet the code requirements and a reinspection is. required, a fee of $50.00 will be charged for (9) Refunds on permits. No refund will be granted on individual permit fees assessed at the minimum fee amount for a specific type of permit. Refunds of permit fees greater than minimum fee amounts may be made at a rate not to exceed 75% of that portion of the fee in excess of the minimum fee amount provided: (a) no work has commenced, (b) noi inspections have been made, andi the refund claim is submitted within 180 days after. the issuance of the permit. Refund claims must be submitted in writing with a copy oft the  each reinspection.  permit receipt.  $15-1-8 SWIMMING POOLS; ENCLOSURE REQUIRED.  Priori to first filing and final inspection, all swimming pools shall be completely enclosed by al barrier in compliance with section 305 of the 2018 International Swimming Pool and Spa Code. The fence or screen enclosure oft the pool shall be at least four feet in! height and shall not exceed six feet in residential pools. Openings in the fence shall not permit the passage of at four-inch diameter sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates. The pool application feei is  $25 (review fee)and $0.30/square. foot.  $15-1-11 CERTIFICATE OF OCCUPANCY REQUIRED.  (A) The Building Official shall have the authority to suspend water, electricity, gas or other public utilities if a Certificate of Occupancy is not provided or is revoked. (B) There shall be two types of certificates of occupancy. These shall be designated as an Interim Certificate of Occupancy and al Permanent Certificate of Occupancy. (1) An Interim Certificate of Occupancy may be issued by the Building Official for use in necessary construction. The fee for an. interim Certificate of Occupancy shall be $3.00 per day for the first 30 calendar days; $6.00 per day for the second 30 calendar days; and $10.00 per day for each calendar day thereafter. The fees for such Interim Certificate of Occupancy shall be tendered prior to the issuance of such Interim Certificate of Occupancy. The Interim Certificate of Occupancy shall be valid a maximum of 180 days unless approved in writing by (2) AF Permanent Certificate of Occupancy shall bei issued when the Building Official determines that the proposed structure meets all applicable laws. and ordinances, and not before. The fee for a Permanent Certificate of Occupancy shall be $25.00 $75.00. APrylgHCyalECAR A Permânent Certificate of Occupancy shall not be subject to renewal, and shall be valid as long as the premises for which it was issued meets all applicable codes and utility services are not terminated for any reason to such premises, whichever occurs first.  the Building Official.  3    $15-1-23 SCHEDULE OF PERMIT FEES. floor area is increased, shall be as follows:  The permit fees for all new buildings, or additions to existing buildings where the (A). Except for a specificf fee-set forth below, permit fees forremedeling oF alterations tessing-sudingseeesingiekcesse 4:0994MHeChas444 permit fee d9,4S.persMar-eat Duplexes apartments,-hotels-and-motels  hal-be-chargedandendasdlenaleeel-8FS10:00perun:  Plumbing Permit Fees Fore each issuing permit Plus the following when provided: water and drainage piping Fore each house' sewer  $25.00  Fore each plumbing fixture, floor drain or tràp, including  2.50 10.00  Fore each house sewer having to be replaced or repaired 10.00  For each cesspool  10.00 10.00 10.00 15.00 5.00 5.00  Fore each septic tank and seepage pit or drainfield For each water heater and/or vent  Fori installation, alteration or repair of wâter. piping and/or Fori repair or alteration of drainage or vent piping installation oft the piping or equipment served:  water-treating equipment  For vacuum breakers or backflow protective devices installed subsequent to the  One to five Over five, each Investigation fee  2.50 1.50 Permit fee  4    -50,002-100; 3E150 25.00 plus permit fee  Reinspection fee Outside city limits fee isi issued.  The permit fee shall be doubled and $150 assessed, ifwork is started before the permit  (B) Permit fees for new buildings and additions. AlI buildings shall be charged a permit fee $0.15 per square foot. The minimum fee shall be $20.00. Duplexes; apartments, hotels and motels. shall be charged an additional fee of $10:00 per (C) Moved buildings or structures. A fee of $0.15 per square foot shall be charged for the issuance of any permit for a moved building or structure. (D) Refunds on permits. No refund will be granted on individual permit fees assessed at the minimum fee amount for a specific type of permit. Refunds of permit fees greater than minimum fee amounts may be made at a rate not to exceed 75% of that portion of the fee in excess of the minimum fee amount provided: (1) no work has commenced, (2) no inspections have been made, and (3) the refund claim is submitted within 180 days after the issuance of the permit. Refund claims must be submitted in writing with a copy of the permit  unit.  receipt.  $15-1-40 SCHEDULE OF. PERMIT FEES.  (A) The fees for gas permits as set forth in Section 106.6.2 of the International Fuel Gas Code, 2018 Edition, are hereby established. A separate permit is required for  each address. Schedule of Permit Fees Fori issuing each permit One to four outlets (inclusive) Each additional outlet air conditioning Each additional  $25.00 $10.00 $1.00 $10.00 $1.00  Conversion burners, floorf furnaces, incinerators, boilers, central heating, or  5    $10:00 15.00 $5.00 $50.00  Vented wall furnaces and water heaters (first unit)  Each additional Reinspection fee  (B) If any person commences any, work before obtaining the necessary permit and inspection, fees shall be doubled and $150 assessed; and any and all fees shall be (C) Ifthe inspector determines that public safety has been endangered, a complaint shall filed in Municipal Court. Upon receiving a conviction, the person shall have  paid by the person to whom the permit is issued.  their license revoked as follows: (1) 1st conviction 3months revocation (2) 2nd conviction. 6r months revocation (3) 3rd conviction 12 months revocation (4) 4th conviction : 2 year revocation (5) 5th conviction :. permanently revoked  II.  THAT Section 15-6-126 of Article 6: Zoning of Chapter XV, Building Code, of the Code of Ordinances of the City of Kingsville, Texas, shall be amended to read as  follows:  $15-6-126 PERMITS.  (A) All signs and banners are required to be permitted prior to installation. See Texas Election Code Section 259.003 to determine if a political sign needs a (B) Exempt signs. The following signs are exempt from the permit requirements of these sign regulations. No sign, including. exempt signs, may be posted within a street right-of-way without written approval from the Director of Public  permit.  Works or his designee.  (1). Advertising and identifying signis located on currently licensed vehicles such as. taxicabs, buses and trucks, as well as on bus benches, except for those vehicle signs prohibited under S 15-6-121;  6    (2) Any legal or public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance; (3) Noncommercial signs in all zoning districts, including but not limited to religious and social commentary signs and personal emblems. Such signs shall be no greater than nine square feet in area within a residential zoning district or 32 square feet in a nonresidential district and may be free standing or attached flat against a wall so long as they are not painted directly on a structure. Political signs may be placed no more than 90 days prior toi the election and can remain throughout the period of primary elections to the conclusion of the general election for those who are still viable political candidates. Upon the completion of the general election all political signs must be removed within ten days after said election. See Texas Election Code Section 259.003 for other (4) Holiday and seasonal lights and decorations with no commercial (5) Signs advertising temporary activity on the property such as sale, rent or lease of the property; construction; grand openings; garage and yard sales; and special events and which meet the following requirements: a. One sign shall be permitted on the property at any one time and shall be removed within 48-hours following the end oft the temporary b. May be either installed flat against a structure or affixed in the C. Inr residential zoning districts, the maximum size shall be nine d. Inr nonresidential zoning districts, the maximum size shall be 32 (C) Temporary signs generally, except as otherwise permitted in this sign code, are not classified as exempt signs under S 15-6-126 of the sign (1) Obtain a sign permit to be valid for 30 consecutive days, and no more than two temporary sign permits shall be issued for each (2) Not be placed in street rights-of-way or otherwise diminish public safety such as placement in an intersection visibility triangle; (3) Not be mounted on a roof or above the roofline; (4) Not be artificially illuminated; and  political sign regulations.  message;  activity or event.  ground as a freestanding sign.  square feet. square feet.  code; therefore temporary signs shall: business per any 180 day period;  7    (5) Be a maximum of 20 square feet in area when located in (6). Be a maximum of 100 square feet in area when located' in (7) Be limited to one sign per parcel for each street frontage. (8) Signs advertising a temporary event may be placed no more than 60 days prior to the event and shall be removed no later than 10 Permit fees will be as follows: S020persquareeat-wthamininum pemitfee-ofs15.09 $25 (review fee) and $0.20/square foot. (Ord. 97041, passed 12-8-97; Ord. 98003, passed 2-23-98; Ord. 98013, passed 7-13-98; Ord. 200022, passed 11-20-00; Ord. 2013-32, SI, passed 7-22-2013; Ord. 2019-12, SI I, passed 4-8-2019; Ord. 2024-15, S  residential zoning districts (R3 & R4 districts only);  nonresidential zoning districts;  days after the event has ended.,  L,passed 2-26-24)  III.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are  repealed tot the extent of such conflict only.  IV.  THAT ift for any reason any section, paragraph, subdivision, clause, phrase, word or provision oft this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent, jurisdiction, it shall not affect àny other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent oft this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and  effect for its purpose.  V.  THAT this Ordinance shall be codified and become effective on and after,  adoption and publication. as required by law.  INTRODUCED on this the 12th day of September, 2024.  PASSED AND APPROVED on this the 23rd day of September, 2024.  8    Effective Date:  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney  9    AGENDA ITEM #5    ORDINANCE NO. 2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER XV, ARTICLE 1, BUILDING REGULATIONS, SECTION 152, REVISING THE FEE FOR SWIMMING POOLS PERMITS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE AND  PUBLICATION.  WHEREAS, the cost to provide the service has increased over the past few WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE  years;  welfare of the City of Kingsville. CITY OF KINGSVILLE, TEXAS:  I.  THAT Section 15-1-152 of Article 1: Building Regulations of Chapter XV, Building Code, of the Code of Ordinances of the City of Kingsville, Texas, shall be  amended to read as follows:  $15-1-152 LICENSES AND PERMITS REQUIRED; FEES.  (A) Itshall be the duty of every contractor who shall make contracts for the construction or installation, repair or alteration of swimming pools to pay a license fee of $125.00 annually and have a copy of the same on file with the Building Department, giving full name, residence and place of business, phone number, and, in case of removal from one place to another, to have (B) All persons performing swimming pool work for which a permit is required by this subarticle must secure a permit prior to starting work. Fees listed in S 105 of the Swimming Pool and Spa Code, 2018 Edition, are hereby adopted with the following amendment: For issuing each permit it shall cost $10.00 (C) Ifany person starts work without a permit, the permit fee shall be equal to the cost of the permit times the number of incidents the person has not (D) Ift the inspector determines that public safety has been endangered, a complaint shall filed in Municipal Court. Upon receiving a conviction, the  made corresponding changes in the file accordingly.  $25 (review fee)p plus $0.30/square foot.  obtained a permit prior to commencing work.  person shall have their license revoked as follows: (1) 1st conviction three months revocation;  1    (2) 2nd,conviction six months revocation; (3) 3rd conviction 12 months revocation; (4) 4th conviction two year revocation; (5) 5th conviction permanently revoked.  (1962 Code, S 4-12-3; Ord. 99015, passed 3-15-99; Ord. 200022, passed 11-20-  00)  Cross reference- Penalty, see S 1-1-999.  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are  repealed to the extent of such conflict only.  II.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and  effect for its purpose.  IV.  THAT this Ordinance shall be codified and become effective on and after  adoption and publication as required by law.  V.  THAT nothing in this ordinance or in the Swimming Pool and Spa Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in this ordinance; nor shall any just or legal right or remedy of any character be lost,  impaired or affected by this ordinance.  INTRODUCED on this the 12th day of September, 2024.  PASSED AND APPROVED on this the 23rd day of September, 2024.  2    Effective Date:  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney  3    AGENDA ITEM #6    ORDINANCE NO.2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER IX, ARTICLE 10-STREETS AND SIDEWALKS, SECTION 35-PERMIT REQUIRED; FEE, PROVIDING FOR CHANGE TO FEES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN  EFFECTIVE DATE AND PUBLICATION.  WHEREAS, the cost to provide the services has increased since the fees were WHEREAS, this Ordinance is necessary to protect the public safety, health, and  last adopted;  welfare of the City of Kingsville.  NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE  CITY OF KINGSVILLE, TEXAS:  I.  THAT Section 9-10-35 of Article 1: Streets and Sidewalk Requirements of Chapter XV, General Regulations, oft the Code of Ordinances oft the City of  Kingsville, Texas, shall be amended to read as follows:  $9-10-35. PERMIT REQUIRED; FEE.  Itshall be unlawful for any person other than a municipal employee to excavate, cut, construct, reconstruct, alter, remove, repair or replace any street, avenue, alley or other public way, without first securing a permit from the Building Official. All work performed under a permit sO issued shall conform to current standards and specifications as contained int this article. A permit shall be valid for a period of ten days, unless specified for a longer period, which shall not exceed 30 days. Permits may be renewed as necessary. Ai fee for each permit  shall be collected as follows: Driveway/curb out. ..$1550 Sidewalklcurb/gutter. .$10 5 50 per lot  (1962 Code, S 9-2A-1; Ord. 85027, passed 9-23-85; Ord. 200022, passed 11-  20-00)  Cross reference- Penalty, see S 1-1-99.  1    II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are  repealed to the extent of such conflict only.  III.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent, jurisdiction, its shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision oft this ordinance, fori it is the definite intent oft this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and  effect for its purpose.  IV.  THAT this Ordinance shall be codified and become effective on and after  adoption and publication as required by law.  INTRODUCED on this the 12th day of September, 2024.  PASSED AND APPROVED on this the 23rd day of September, 2024.  Effective Date:  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AST TO FORM:  Courtney Alvarez, City Attorney  2    AGENDA ITEM #7    ORDINANCE NO. 2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES SECTIONS 9- 7-6 ABATEMENT OF NUISANCE LOTS; ADMINISTRATIVE FEES, PROVIDING FOR REVISION OF ADMINISTRATIVE FEES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN WHEREAS, the cost to provide these services has gone up since this ordinance WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE  EFFECTIVE DATE AND PUBLICATION.  was last amened;  welfare oft the City of Kingsville. CITY OF KINGSVILLE, TEXAS:  I.  THAT Sections 9-7-6 of Article 7: Nuisances of Chapter IX, General Regulations, of the Code of Ordinances of the City of Kingsville, Texas, shall be amended to  read as follows:  $9-7-6ABATEMENT OF NUISANCE LOTS; ADMINISTRATWEFEES For each abatement of nuisance lots that are in violation ofs 9-7-1 through S 9- 7-3 of this code, the administrative fee for abatements sfadministration is $150.00 $300 for the first abatement, $400 for the second abatement, and $500 fort the third. abatement at the same location. This fee is to cover the labor, fuel, vehicle expenses, photographic expenses, notice and postage expenses from the initial inspection through the time of abatement and submittal for invoicing. 0n4.201408.51,31014; Ord. No. 2020-11, passed 1-27-20)  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are  repealed to the extent of such conflict only.  III.  THATiff for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section,    paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and  effect fori its purpose.  IV.  THAT. this Ordinance shall be codified and become effective on and after  adoption and publication as required by law. INTRODUCED on this the 12th day of September, 2024.  PASSED AND APPROVED on this the 23rd day of September, 2024.  Effective Date:  Sam R. Fugate, Mayor ATTEST:  Mary' Valenzuela, City Secretary APPROVED AST TO FORM: Courtney Alvarez, City Attorney    AGENDA ITEM #8    City of Kingsville Downtown  TO: CC: FROM: DATE: SUBJECT: Summary:  Mayor and City Commissioners Mark McLaughlin, City Manager  Alicia Tijerina, Downtown Manager/Special Events Coordinator  September 11, 2024  Request for City Support for Events & Parades  The City Commission has a tradition of granting support for certain community parades and events that are held each year downtown. Instead of bringing these as individual agenda items, itis requested that the City Commission waive the street closing fees and support costs for the  attached listing of parades and events for this fiscal year.  Background:  For any event requiring temporary closure of one or more streets, City ordinances require at fee tol be paid for the requiste street closure(s) and require that City be reimbursed any actual costs and expenses incurred by them in support oft the event. Ordinances also allow the City Commission to waive these requirements. Event organizers are still required to comply with all City ordinances and state laws with regards to health and safety issues. And are still required to  submit a request for a permit for the required street closure(s).  Financial Impact: closing fees. Recommendation:  The total parade/event costs to the City for FY 2024-2025 is $18,960 of which $300 are street  Itisr recommended that street closing fees be waived and the services provided by the City in  support of these parades and events be considered as in-kind sponsorship.    DOWNTOWN PARADES & EVENTS REQUIRING STREET CLOSURES FY 2024-2025 HM King High School Homecoming Parade, Sept./Oct. 2025, 6:30 pm, Kleberg Ave. (Date TBD) Main Street Monthly' Wine Walk, Sat., Oct. 25, 2025, Kleberg Ave. (Time TBD)  Imagine the Possibilities Tour, TBD  Veteran's Day Parade, Nov. 2024, Time TBD Kleberg Avenue  Ranch Hand Festival, Tree Lighting, Wine Walk & Street Dance, Fri., Nov. 22, 2024, 5-10 pm, Ranch Hand Festival, Sat., Nov. 23, 2024, 9 am = 4 pm, 100-400 blocks E. Kleberg, Yoakum & Children's Day, Sat., Dec. 7, 2024, 10:00 am - 2:30 pm, Alarcon St. & Downtown Pavilion La Posada de Kingsville Parade, Dec. 7, 2024, 7 pm, Kleberg & Yoakum. Avenues Main Street Monthly' Wine Walk, Sat., Feb. 22, 2025 5-9pm Kleberg Avenue Main Street Monthly' Wine Walk, Sat., Mar. 22 5-9pm Kleberg Avenue Kleberg-Kenedy County Junior Livestock Show Parade, Jan. 2024, 10 am, Kleberg Ave. MLK Day Parade & Celebration, Mon., Jan. 20, 2025, 11 am, Kleberg Ave. PDAP (Palmer Drug Abuse Program) Drug Free Walk, Sat., April 2024 (TBD), Yoakum Ave.  100-400 blocks E. Kleberg surrounding streets  Holiday Sip & Shop, Sat., Dec. 7, 2024, 2-6pm Kleberg Avenue  Kleberg County Attorney's Annual Easter, April 2024 TBD Festival del la Loteria, Sat., April 26, 2025 10 am - 4 pm, Kleberg Ave. CrossFit Kingsville Competition, Sat., June 2024 (Date TBD)  4th of. July Parade & Concert Celebration, Sun.-Tues., July 4-6, 2025, Kleberg Ave. & Downtown  Pavilion (Actual date of concert TBD) 5K Run Walk, August 2024 Date & TBD  Main Street Monthly' Wine Walk, Sat., Sept. 27, 2025 TBD Kleberg Avenue  HM King Homecoming Parade, Sept.-Oct. 2025, Date & Time TBD, Kleberg & Yoakum Avenues    PARADE COSTS TO THE CITY FY 2023 - 2024  Community Parades (5) Veteran's Day Parade, Nov. 2025  Kleberg-Kenedy County. Junior Livestock Show Parade, Jan. 2025  MLK Day Parade, Jan. 2025  4th ofJuly Concert & Parade, July 4-6, 2025 (TBD)  HM King High School Homecoming Parade, Sept/October. 2025 Date TBD  Public' Works Parade permit=0  Barricades: Build-up & Tear-down $30/hr. (0men/Ghrs)-$1,800  Cost of $1,800 per parade Christmas Parade & Wine Walk (1) Lal Posada Parade & Children's Day, Dec. 7,2024 Holiday Sip & Shop, Dec. 7, 2024  Public' Works  Barricades: Build-up & Tear-down $30/hr. (15 men/6hrs) = $2,700 Trash & Recyling: Delvery/Pcaup/Dumping $10 (x20)-$ $200  Dumpsters: $30 (x3)=$90 Parade permit = $0 Cost of $2,990  Total parade costs $11,990    EVENT COSTS TO THE CITY FY 2024-2025  COMMUNITY EVENT (11)  Kingsville Wine Walk, October 26, 2024, February 22 & March 22, 2025  Public Works  Barricades: Build-up & Tear-down $30/hr Bmen/Ahr)x3-51,080 Trash & Recycling: Delvery/PcupDumpng $10 each x 3 containersx3-590  Street closing permit for large events = $0  Cost of $1,170  Imagine the Possibilities Tour, TBD (Done within other event)  Public' Works Cost of $0  Ranch Hand Festival, Nov. 22-23, 2024  Public' Works  Barricades: Build-up & Tear-down $30/hr (10men/8hrs) = $2,400 Trash & Recycling: Delver/Pcup/Dumping $10 each x 20 containersx2-5400  Cost of $2,800  Kleberg County Attorney's Easter Bash, April 2025 (TBD)  Public' Works  Barricades: Build-up & Tear-down $30/hr 3men/2hrs)-$180 Trash & Recycling: DehenyPawplDumong-so Street closing permit for large events= = $0  Cost of $180 PDAP Walk, April 2025 (TBD) Public Works  Barricades: Build-up & Tear-down $30/hr (3men/4hrs) =$ $360 Trash & Recycling: Delvery/PcaupDumpng $10 each x 3 containersx2=960  Street closing permit for large events = $0  Cost of $420  Festival de la Loteria, April 26, 2025 (10am - 4pm)  Public' Works  Barricades: Build-up & Tear-down $30/hr (3men/4hrs) =$360  Trash & Recycling: Delvery/PcaupDumpng $10 each x3 3 containersx2-560  Street closing permit for large events = $0  Cost of $420    CrossFit Kingsville Competition, June 2025 (TBD)  Public Works  Barricades: Build-up & Tear-down $30/hr (3men/2hrs): =$180 Trash & Recycling: DeliveryPickup/Dumpings10eachx: 2 containers = $20  Street closing permit = $0 Cost of $200  4th-6tho of July Concert, 2025 (Exact dates TBD)  Public Works  Barricades: Build-up & Tear-down $30/hr (2r men/2hrs) =$ $120  Street Closing Event permit = $150  Trash & Recycling: Delvery/Pcup/Dumping $10 each x1 10 containers = $100  Cost of $370  5K Run/Walk August 2025 (Exact dates TBD)  Public Works  Barricades: Build-up & Tear-down $30/hr 10men/Ahrs)-51,200 Trash & Recycling: Delivery/Pcup/Dumping $10 each x6 6 containers- $60  Street Closing Event permit = $150  Cost off $1,410  TOTAL EVENT COSTS $6,970    REGULAR AGENDA    AGENDA ITEM #9    Cityo ofk Kingsville Parks & Recreation Department  TO: CC: FROM: DATE: SUBJECT:  Mayor and City Commissioners Mark McLaughlin, City Manager Susan Ivy, Director of Parks & Recreation  September 11, 2024  Agenda Request-Procamation for Arbor Dayi in Kingsville  Summary: We are requesting that City Commission authorize the attached Proclamation Background: Last year the Arbor Day Foundation designated Kingsville has an official Tree City USA City. This requires some monitoring, tree planting and participation in the annual Arbor Day celebration. Keep Kingsville Beautiful along with the City of Kingsville and other entities have an annual event where native trees purchased by KKB are, given away and planting information is discussed for successful growth.. Other tree planting projects are int the works as well. The proclamation submitted will formally designate November 1, 2024 as Arbor Dayi in  designating November 1, 2024 as Arbor Day in Kingsville, Texas.  Kingsville.  Financial Impact: This will have no financial effect. Recommendation: Approve the Proclamation as presented.  S  Kix  villen EXAS    TREE CITY USA AnArborD DayF FoundalionP Progrom  *** OFFICIAL PROCLAMATION ***  WHEREAS WHEREAS WHEREAS WHEREAS  in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting oft trees, and this holiday, called. Arbor Day, was first observed with the planting of more than a million trees in Nébraska, and Arbor Day is now observed throughout the nation and the trees can be a solution to combating climate change. by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating thet temperature, cleaning the air, producing life-giving oxygen, and providing habitat for trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other. wood products, and trees in our city increase property values, enhance the economic vitality oft business areas, and beautify our community, and trees - wherever they are planted are a source ofjoy and  world, and  wildlife, and  WHEREAS WHEREAS WHEREAS  spiritual renewal.  NOW,THEREFORE, I,  Sam R. Fugate Kingsville, Texas November 1, 2024  Mayor of the City of dol hereby proclaim as. ARBOR DAY and I urge all citizens  In the City of trees and woodlands, and  Kingsville  to celebrate Arbor Day and to support efforts to protect our Iurge all citizens to plant trees to gladden the heart and promote the well-being oft this and future generations.  FURTHER, DATEDTHIS  23rd day of_ Mayor.  September,  2024  Arbor DayFoundation  : : - : :    AGENDA ITEM #10    City of Kingsville Engineering Dept.  TO: CC: FROM: DATE:  Mayor and City Commissioners Mark McLaughlin, City Manager Rutilio P. Mora Jr, P.E., City Engineer  September 12, 2024 Kleberg County  SUBJECT: Consider and Approve Resolution Adopting the Hazard Mitigation Action Plan with  Summary:  We are seeking the City Commission's approval to adopt the Hazard Mitigation Action Plan (HMAP) in partnership with Kleberg County. The 2024. Kleberg. County Multi-Hazard Mitigation Plan isa critical document that outlines our region's strategy to reduce or eliminate long-term risks to life, property, and infrastructure from natural hazards. The adoption of this plan by the City of Kingsville will not only reinforce our commitment to public safety but also position the City to This plan specifically identifies and addresses a wide range of natural hazards that pose a significant threat to our community. The City of Kingsville will focus on mitigating the following  secure state. and federal funding for future mitigation projects.  hazards:  Flooding Wildfire Tornados Drought Extreme Cold Extreme Heat Hailstorm Winter Storm Severe Winds Lightning Dam/Levee Failure  Hurricanes, Tropical Storms, and Depressions  :  These hazards have been carefully selected based on historical data and potential future impacts, ensuring that our mitigation efforts are both targeted and effective. By adopting this plan, the City. will be better prepared to protect its residents and resources from the adverse effects of these  natural events.  Cy  Kigyle      City of Kingsville Engineering Dept.  Background:  The previous Hazard Mitigation Action Plan, adopted in 2018, expired in March 2023. This update ise essential to maintain our eligibility for hazard mitigation grants and to continue our proactive approach to disaster preparedness. The 2024 plan reflects new data, lessons learned from recent events, and changes in state and federal guidelines. It also incorporates the City of Kingsville's One key change in the 2024 plan is the exclusion of certain hazards that were previously considered but have shown negligible or non-existent impacts in our region. Specifically, the City of Kingsville and Kleberg County will not focus on Coastal Erosion, Inland Erosion, Land Subsidence, Earthquakes, and Expansive Soils. These hazards have been determined to pose minimal risk based on current evidence, allowing us to concentrate resources on more pressing  evolving priorities in addressing the threats posed by natural hazards.  concerns. Financial Impact:  There is no direct financial impact associated with the approval of this resolution. However, adopting the HMAP will enhance the City's eligibility for state and federal grant programs, which could provide substantial funding for future mitigation projects, potentially saving the City millions  of dollars in disaster-related expenses.  Recommendation:  Staff strongly recommends the approval of the attached resolution adopting the Hazard Mitigation Action Plan. with Kleberg County. This approval will not only reinforce the City's commitment to public safety but also enhance its eligibility for state. and federal grant programs, which could provide substantial funding for future mitigation projects, potentially saving the City millions of  dollars in disaster-related expenses.  Attachments: Resolution Participating Jurisdiction Table 1: List of Hazards Addressed  CITY hn  Kingsylle    Table 1:L List of Hazards Addressed  HE 94  Hazard Flooding Hurricanes, Tropical Storms, and Depressions Wildfire Tornados Drought Extreme Cold Extreme Heat Hailstorm Winter Storm Severe Winds Lightning Coastal Erosion Inland Erosion Land Subsidence Earthquakes Expansive. Soils Dam/Levee Failure Omission Statements  Kleberg County X X X X X X X X X X X X  City of Kingsville X X X X X X X X X X X  Additional Optional. Hazards  X  X  Kleberg County and the participating jurisdictions will not be addressing the following hazards: Inland Erosion, Land Subsidence, Earthquakes, and Expansive Soils. The City of Kingsville will not' be addressing Coastal Erosion, only Kleberg County will profile this natural hazard. The history ofi impacts for all the omitted hazards have been negligible (or non-existent), therefore the County and) participating jurisdictions expects that future impacts will be negligiblé as well. The County and participating jurisdictions do not anticipate applying for grant funding to address  any oft them.  :.  10    1. Introduction and Background 1) Participating Jurisdictions  The 2024 Kleberg County Hazard. Mitigation Action Plan (HMAP) is an update of the County's most recent 2018 plan that expired in March 2023. The 2018 plan previously included Kenedy. County as a participating. jurisdiction, howevér the jurisdiction" is not a participant for the Plan Update.. As of now, this 2024 Hazard: Mitigation Action Plan Update includes two participating  jurisdictions: Kleberg County and the City of Kingsville.  2) Hazards to: be Addressed  Previously, the expired 2018 HMAP identified 13 natural hazards facing the County: hurricanes/tropica storms, drought, hailstorm, flooding, tornados, windstorms, wildfire, severe winter storm, extreme heat, expansive soils, dam failure, lightning, and coastal erosion. The mitigation planning regulation of the Disaster Mitigation Actl requires that mitigation plans ber reviewed and updated every fivey years to maintain eligibility for mitigation grant funding. As part oft this plan, Kleberg County will develop a schedule to ensure that its hazard mitigation The 2024 Kleberg County. Hazard Mitigation Action Plani update will address the following 13 natural hazards identified in the State of Texas' 2018 Hazard Mitigation Plan as threats throughout the state. Each. participating! jurisdiction will address the following natural hazards  plan is regularly updated.  listed belowi in Table 1.  : :1  INTw  A4CFRS201.6143)  -  9  1   ROA  -    RESOLUTION #2024-  A RESOLUTION OF THE CITY OF KINGSVILLE, TEXAS ADOPTING THE FEMA APPROVED KLEBERG COUNTY AND CITY OF KINGSVILLE, TEXAS MULTI- WHEREAS, the City of Kingsville ("City") recognizes the threat that natural hazards WHEREAS, the City last approved a Multi-Hazard Mitigation Plan, which it prepared WHEREAS, the City and Kleberg County have worked together to create an updated Multi-Hazard Mitigation Plan for themselves and their participants which is in WHEREAS, the City of Kingsville, Texas Multi-Hazard Mitigation Plan identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property WHEREAS, adoption by the City Commission demonstrates the City's commitment to WHEREAS, adoption of this plan will make the City of Kingsville eligible to apply for WHEREAS, a Hazard Mitigation Plan will provide guidance to Participating Jurisdictions, but does not require a specific financial commitment by the Participating NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of  HAZARD MITIGATION PLAN.  pose to people and property within the City; and  with Kleberg County, on February 12, 2018 via Resolution #2018-11;  accordance with the Disaster Mitigation Act of 2000; and  int the plan from impacts ofi future hazards and disasters; and hazard mitigation and achieving the goals outlined in the Plan; and  current open and future Hazard Mitigation Grants; and  Jurisdiction. Kingsville, Texas:  I.  THAT the City of Kingsville, Texas hereby adopts the FEMA approved Kleberg County  and City of Kingsville, Texas Multi-Hazard Mitigation Plan.  II.  THAT all resolutions or parts of resolutions in conflict with this resolution are repealed to  the extent of such conflict only.  III.  THAT this Resolution shall be and become effective on and after adoption.    PASSED AND APPROVED by a majority vote of the City Commission on the 23rd  day of  September, 2024.  Sam R. Fugate, Mayor  ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney  2    AGENDA ITEM #11    City of Kingsville Public Works Department  TO: CC: FROM: DATE: SUBJECT: Summary: Plants (WWTP). Background:  Mayor and City Commissioners Mark McLaughlin, City Manager William Donnell, Public Works Director September 18, 2024  Contract Emergency Repairs for the North and South' Wastewater Treatment Plants  This item authorizes the contract with Global WET LLC for emergency repairs for the Wastewater Department's Ultraviolet Light Disinfection System for North and South Wastewater Treatment  On August 19, 2024, the City of Kingsville City Commission approved the reallocation of $586,021.99.00 of unspent ARP funding for emergency repairs to the Ultraviolet (UV) Light Disinfection System of both ofi its WWTP's. AUVI Light Disinfection System is critical for the proper functioning of the WWTP's and to maintain TCEQ permit compliance. During the last tropical storm, the North WWTP experienced an unusual amount of water overflow causing the existing UV Light System to have an electrical short and go offline. The electrical short caused severe damage to the module wiring and ballasts resulting in a repair quote of $289,000 for an already outdated system. The UV Light Disinfection System at the South WWTP is also. outdated and starting to fail.: Global Wet of Austin, Texas has been working with staff to keep the existing UV Light Disinfecting Systems operating. At that time, staff advised Commission that upon thet future approval of a contract, Global Wet will receive the working specifications and data to prepare and install new UV Light Disinfection. Systems and that the total amount of the new UV Lighting Staff has requested and received approval for funding for this project at the August 19, 2024 City Commission meeting for the emergency repairs to install new Ultraviolet Light Disinfection  Systems for both' North and South WWTP's would be $907,810.00.  Systems for the North and South Wastewater Treatment Plants.  Financial Impact: Sources of funding:  $105,000.47 Fund 123 ED Grant Program $240,990.52 Fund 121 Parks ARP Allotment $240,031.00 Fund 125 UF ARP Funding  Cy  Kingsville    City of Kingsville Public Works Department  $119,000.00 Fund 051 Insurance Check #1 $ 66,950.85 Fund 051 BA Reserve Line Item  $171,837.16 Fund 051 Fund Balance ($124,000 will be  reimbursed by the Insurance Check #2 resulting in Fund 051 FBof$47,837.16)  Total Source of Funding $943,810.00  Recommendation:  Staff requests approval of the contract with Global WET LLC for the emergency repairs to install new Ultraviolet Light Disinfecting Systems at the North and South Wastewater Treatment Plants.  -  -  -  -.  1731  :  Cy  Kingsville    ORDINANCE NO. 2024-55  AN ORDINANCE AMENDING THE FISCAL YEAR2023-2024 BUDGET TO APPROPRIATE ARP FUNDING FOR THE WASTEWATER TREATMENT PLANT UV LIGHT SYSTEM  EMERGENCY REPAIRS.  WHEREAS, it was unforeseen when the budget was adopted that there would be a need for  funding for these expenditures this fiscal year.  I.  BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2023-  2024 budget be amended as follows:  CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT -BA#57 Account Name  Dept Dept Name No. Fund, 123 - EDC ARP Funding Expenditures -5 1060 Econ Dev 6900 Transfer Expenditures 4503 Parks 4503 Parks 6900 Transfers Fund 125- UF ARP Funding Revenues 0000 Transfers 0000 Transfers Expenditures 6001 Water 6001 Water  Account Number 34900  Budget Increase  Budget Decrease $105,000.47  Economic Dev Program Transfer to Fund 125  80125 $105,000.47  FumdRI-GFARPFumaing  Dick Kleberg Park Dick Kleberg Park Transfer to Fund 125  59113 59113  $140,000.00 $100,990.52  80125 $240,990.52  Transfer from Fund 123 Transfer from Fund 121  75123 $105,000.47 75121 $240,990.52  Building  71300 71200  $150,000.00 $90,031.00  Machinery & Equipment  7001 Wastewater Utility Plant Fund 051 - Utility Fund  54300 $586,021.99    Dept Dept Name No. Revenues Expenditures  Account Name  Account Number Increase 59946 $243,000.00  Budget  Budget Decrease  7000 Wastewater Insurance Recovery 7001 Wastewater Budget Amend Reserve 7001 Wastewater Utility Plant  86000 54300  $66,950.85  357,788.01  [To amend the City of Kingsville FY 23-24 budget to appropriate funding for the Utility North and South Wastewater Treatment Plant UV Light System emergency repairs. Funding will come from the unappropriated fund balances of the Economic Development ARP Program  Fund 123 and General Fund ARP Fund 121.] Total Cost of the Project: $673,560.00 North Plant  $270,250.00 South Plant $943,810.00 Total for Both Plants  (Utility Plant 54300 Exp-F FD125-5586,021.99 + FD 051-9357,788.01)  Sources of Funding:  $105,000.47 Fund 123 ED Grant Program $240,990.52 Fund 121 Parks ARP Allotment $240,031.00 Fund 125 UF ARP Funding $119,000.00 Fund 051 Insurance Check #1 $ 66,950.85 Fund 051 BA Reserve Line Item  $171,837.16 Fund 051 Fund Balance ($124,000 will be reimbursed  By the Insurance Check #2 resulting in Fund 051 FBof$47,837.16)  Total Source of Funding $943,810.00  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the  extent of such conflict only.  III.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given  full force and effect fori its purpose.  2    IV.  THATthis Ordinance shall not be codified but shall become effective on and after adoption and  publication as required by law.  INTRODUCED on this the 19th day of August 2024.  PASSED AND APPROVED on this the 26th day of August 2024.  EFFECTIVE DATE: Seplember I6.2034 FAES Sam R. Fugate, Mayor ATTEST:  maupValergu Mary Valenzuela, City Secretary APPROVED ASTOFORM: Ceuen Courtney Alvarez.City Attorney  3    RESOLUTION #2024-  A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH GLOBAL WET LLC FOR UV FILTER EQUIPMENT FOR THE KINGSVILLE NORTH AND SOUTH WASTE WATER TREATMENT PLANTS; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING  FOR AN EFFECTIVE DATE.  WHEREAS, the City of Kingsville (City) needs to make emergency repairs to the UV Light Filter disinfection equipment at the north and south wastewater treatment plants through Global WET LLC (Vendor) via action approved by City WHEREAS, the City and Vendor worked to prepare a contract for UV Filter Equipment for the Kingsville North and South Waste Water Treatment Plants and the parties both agree to the terms of the proposed contract for a total amount of WHEREAS, staff is recommending the City Commission approve the contract with Vendor as presented for a total amount of $907,810.00 with a contract time BE IT RESOLVED by the City Commission of the City of Kingsville, Texas:  Commission on 8/19/24;  $907,810.00;  of 175 calendar days;  I.  THAT the City Commission approves and the City Manager is authorized and directed as an act of the City of Kingsville, Texas to authorize the City Manager to execute the Contract between the City of Kingsville, Texas and Global WET LLC for UV Filter Equipment for the Kingsville North and South Waste Water Treatment Plants as per staff recommendation and in accordance with Exhibit A  hereto attached and made a part hereof.  II.  THAT all resolutions or parts of resolutions in conflict with this resolution are  repealed to the extent of such conflict only.  III.  THAT this Resolution shall be and become effective on and after adoption.  1    PASSED AND APPROVED by a majority vote of the City Commission on the  23rd day of September 2024.  Sam R. Fugate, Mayor  ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney  2    Contract Between  the City of Kingsville, Texas ("City") and Global WET LLC ("Contractor") for UV Filter Equipment for the  Kingsville North and South Waste Water Treatment Plants  WHEREAS: CITY OF KINGSVILLE, (hereinafter referred to as "OWNER"), a Texas home-rule municipal corporation, engages Global WET LLC (hereinafter referred to as CONTRACTOR) to perform the "SERVICES" described in the PROPOSAL" attached  as Exhibits A, B,&C to this Agreement.  PARTI. SERVICES  A. The scope and pricing, and performance schedule, for the SERVICES is set forth on the PROPOSAL and related documents. The PROPOSAL has been executed by OWNER and CONTRACTOR, and shall be attached and  ish hereby made a part of this Services Agreement.  B. After receiving and verifying the performance bond, payment bond, insurance, disclosure and conflict of interest documents, OWNER shall set a pre-construction meeting and shall authorize notice to proceed and CONTRACTOR shall commence work within 14 days of CONTRACTOR'S receipt of OWNER approved submittals and the properly executed and signed PROPOSAL [along with the initial project payment as outlined int the  PROPOSAL).  C. CONTRACTOR shall be responsible for the professional quality and timely completion of all SERVICES outlined and described ini the Project Proposal and Project Specifications. Ifa conflict exists between the Project Proposal and/or the Project Specifications, the project Proposal will govern for the  project.  D. OWNER and CONTRACTORhaVe designated points of contact so that any issues or problems may be identified and resolved in the most efficient manner. The OWNER's contact is William Donnell, and CONTRACTORS CONTRACTOR will hold periodic conferences with the OWNER or its representatives throughout the term of the project. CONTRACTOR will keep OWNER informed as to project progress on a regular basis.  contact is Joju Abraham.  E.    F.  CONTRACTOR shall complete the SERVICES within 175 calendar days from the approval of submittals by the OWNER. Should the project be delayed by inclement weather or other circumstances outside of CONTRACTOR'S reasonable control, one additional business day will be added toi this agreement for each day SO delayed. Each day of delay caused by stoppage of work or other failure to timely perform by OWNER will result in an extension of one business day to the target completion date of this project. If the SERVICES are not completed within the time stipulated herein, the CONTRACTOR shall pay to the OWNER as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of $200.00 for each calendar day of delay, until the work is completed. The CONTRACTOR and CONTRACTORS sureties shall be liable to the OWNER for the amount  thereof.  G. As a component of its SERVICES, CONTRACTOR will also make recommendations regarding the post-project care and maintenance of the work areas. OWNER should be aware that the long-term success of the project depends in large part upon OWNER'S adherence to the  recommended care and maintenance.  PART II. OWNER'S - RESPONSIBILITIES  A. OWNER has directed the CONTRACTOR to provide SERVICES as B. Prior to the commencement of the SERVICES, OWNER shall secure any C. OWNER shall timely perform all of its obligations under this Services  outlined in the PROPOSAL.  permits needed to have the work performed.  Agreement and the PROPOSAL.  PART III. CHANGE ORDERS  A. The SERVICES may be amended or revised only via written Change Order, executed by OWNER and CONTRACTOR. The OWNER may at any time request changes to the PROPOSAL. Ifsuch changes cause an increase or decrease in the CONTRACTORS cost of, or time required for, performance of any services under the PROPOSAL, an equitable adjustment shall be  made and reflected in a properly executed Change Order.  B. No SERVICES for which an additional compensation will be charged by the CONTRACTOR shall be furnished without a properly executed Change Order signed by OWNER prior to the start of the additional SERVICES.    C. Int the event that there are modifications and/or additions to. regulatory requirements relating to the services to be performed under this Agreement after the date of execution of this Agreement, the increased or decreased cost of performance of the services provided for in this Agreement and PROPOSAL shall be reflected in an appropriate Change Order.  PART IV. COMPENSATION TO CONTRACTOR  OWNER agrees to pay CONTRACTOR for SERVICES in accordance with the descriptions, definitions, terms and conditions as set forth herein and in the Exhibits attached hereto and any Change Orders subsequently attached hereto.  PARTV. PAYMENTS  See Attachment 3-Exhibit C attached hereto for additional compensation details. After final inspection and the acceptance by the OWNER of all SERVICES under the PROPOSAL, the CONTRACTOR shall prepare the requisition for final payment which shall be, based upon the careful inspection of each item of SERVICES at the applicable unit prices stipulated in the PROPOSAL. The total amount of the final payment due the CONTRACTOR under this AGREEMENT shall be the amount computed as described in Attachment 3-Exhibit C less all previous payments. Before paying the final estimate, OWNER shall require the CONTRACTOR to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the PROPOSAL) and services to the CONTRACTOR. The OWNER may make payment in part or ini full to the CONTRACTOR without requiring the furnishing ofs such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this AGREEMENT. Any amount due the OWNER under liquidated damages shall be deducted from the final payment due the  CONTRACTOR. PARTVI. INSURANCE  CONTRACTOR agrees to maintain worker's compensation insurance to cover all of its own personnel engaged in performing services for OWNER under this Agreement. CONTRACTOR also agrees to maintain commercial liability insurance covering claims against CONTRACTOR for damages resulting from bodily injury, death or property damage from accidents arising in the course of services performed under this Agreement. OWNER shall be solely responsible for maintaining proper and adequate insurance  coverage for its premises and its employees and representatives.  PARTVII. MISCELLANEOUS A. Late Payment  IfOWNER fails to make any payment due CONTRACTOR for services, in accordance with Part V herein, within twenty days after receipt of    CONTRACTORS'S invoice, thereafter the amounts due CONTRACTOR shall include a charge at the rate of 1% per month starting on the tenth day past the due date, and in addition, CONTRACTOR may, after giving seven days written notice to OWNER, suspend services under this Agreement until he has been paid in full all amounts due him for services.  B. Attorney's Fees  Int the event CONTRACTORS invoices for services are given to an attorney for collection, or if suit is brought for collection, or if they are collected through probate, bankruptcy, or other judicial proceeding, then OWNER shall pay CONTRACTOR all costs of collection awarded by the court, including the reasonable and necessary attorney's fees allowed by law and court costs, in addition to other amounts due, all if ordered by the court; otherwise, each party pays its own costs unless the court orders differently.  C. Mediation  Any claim, dispute or other matter in question arising out of or related toi this Agreement shall be subject to non-binding mediation as a condition precedent to the institution of legal proceedings by either party. The parties shall share the mediator's fee and any filing fees equally. Each party shall be responsible for its own attorney's fees and any other fees or expenses not stated herein. The mediation shall be held ini the county where the project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement D. The CONTRACTOR does not at the time of this AGREEMENT, nor will it  agreements in any court having jurisdiction thereof. during the course of this AGREEMENT, boycott Israel.  PART VII. MODIFICATIONS  The written signature of both OWNER and CONTRACTOR shall be required to effect a Change Order or to otherwise amend, modify or extend the terms oft this Agreement. Only Joju Abraham, Manager of CONTRACTOR, shall have the authority to execute such  change or amendment on behalf of CONTRACTOR. PARTI IX. MISCELLANEOUSPROVISIONS  A. Notice. Notice required by this Agreement may be given or served by depositing the notice int the United States Mail, in certified or registered form, postage prepaid, addressed toi the other party, orbydeliveringi the notice in person toi the other party.    Notice deposited in the United States Mail in the manner prescribed in this subsection is effective upon deposit. The addresses of the parties are:  City of Kingsville, Texas Attention: City Manager P.O. Box 1458 Kingsville, Texas 78364 Telephone: (361)595-8002 Email: nmclaugnlin@etyotxingsvile.com Global WET LLC Attention: Joju Abraham, Manager 10900 Research Blvd., Suite 160C 65 Austin, Texas 78759 Telephone: (512)560-9952 Email: aDrahanegobalwetcom  B. Effect of Waivers. No waiver by either party of any default, violation, or breach of the terms, provisions, and covenants contained in this Agreement may be deemed or construed to constitute a waiver of any other violation or breach of any oft the terms, provisions, and covenants oft this Agreement. Any and all rights and remedies which either party may have under this Agreement, upon any breach, shall be distinct, separate and cumulative and shall not be deemed inconsistent with each other; and no one of them, whether exercised by said party or not, shall be deemed to be an exclusion of any other. C. Amendment of Agreement. This Agreement may be amended at any time. Any amendment to this Agreement must be in writing and agreed to by the governing bodies of the parties. No officer or employee of any of the parties has authority to waive or otherwise modify the limitations in this Agreement, without the express D. Not For Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third E. Exercise of Police Powers. This Agreement and all activities under this Agreement are undertaken solely as an exercise oft the police power oft the parties, exercised for the health, safety, and welfare oft the public generally, and not fori the benefit of any particular person or persons. The parties do not have and may not F. Immunities Not Waived. Nothing in this Agreement waives any governmental, official, or other immunity or defense of any of the parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement.  action of the governing body of the party.  parties.  be deemed to have any duty to any particular person or persons.    G.N Mutual Indemnification: To the extent allowed by the Constitution and Laws of the State of Texas, the CONTRACTOR and OWNER agree that each party assumes any and all risks of liability, loss, damages, claims, or causes of action and related expenses, including attorney fees, caused or asserted to have been caused directly or indirectly by or as the result of the negligent acts or omissions H. Captions. Captions to provisions of this Agreement are for convenience and I.F Fiscal Obligations. Each party which performs services or furnishes aid under this Agreement must dos SO with funds available from current revenues of the party, J. Approval by Governing Bodies. Each party represents that this Agreement has been duly passed and approved by the governing body oft the party or that proper K. Entirety of Agreement. No other oral or written commitments of the parties with respect to the usage of facilities or signage may have any force or effect if not L.S Severability. If any provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions oft the Agreement that can be given effect without the invalid provision, and to this end the provisions of this M. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and sO modified, this Agreement continues in full N. Warranty. The individuals executing this agreement on behalf of each party represent and warrant that they are each the duly authorized representatives of such party on whose behalf the individuals are signing, each with full power and authority to bind said party to each term and condition set forth in this agreement. O. Governing Laws. This Agreement shall be governed by the laws of the State of P. Venue. Venue for an action arising under this Agreement is in Kleberg  of that party and the officers, employees, and agents thereof. shall not be considered ini the interpretation oft the provisions.  which are subject to annual appropriations.  power and authority has been delegated by the governing body.  contained in this Agreement or any amendments thereto.  Agreement are severable.  force and effect.  Texas.  County, Texas.    Q. Effective Date. This Agreement is effective on the date when the last party R.Multiple Originals. Two (2) copies of this Agreement are executed; each shall  executes this agreement. be deemed an original.  PARTX. ATTACHMENTS  Attachment 1- Exhibit A-Scope of Work Attachment 2- Exhibit B-Scope of Supply Attachment 3- Exhibit C-Compensation  Executed as oft the effective date set forth above:  Authorized and accepted this  day of  2024.  GLOBAL WET LLC  BY:  Joju Abraham  Manager Title  Authorized and accepted this  day of  2024.  CITY OF KINGSVILLE, TEXAS  BY:  Mark McLaughlin  City Manager Title    EXHIBIT A SCOPE OF WORK Section I. General Information  1.1 The Contractor shall furnish all labor, superintendence, machinery, equipment, tools, materials, services, and other facilities to install Five (5) Vertical UV Systems water treatment, including furnishings, delivering, placing back into operation, and testing at the City of Kingsville's North, Water Treatment Plant located at Kingsville Wastewater Department, Attention: William Donnell, 2801 E Santa Gertrudis, Kingsville, Texas 78363; and Two (2) Vertical UVS Systems at the City of Kingsville's South Water Treatment Plant located at Kingsville Wastewater Department, Attention: William 1.2 Any equipment or repair parts contemplated within the Work shall be new and ready for use and shall be capable of performing in accordance with the requirements  Donnell, 2500 E. FM 1717, Kingsville, Texas 78363.  set forth in the specifications unless otherwise specified below.  Section II. Scope of Work Equipment and Electrical to Include: i.Submittals for Approval.  2.1 Contractor shall Remove Existing UV System. Furnish and Install New UV  ii. Unloading of components supplied by Glasco UV. iii. Removal of the existing UV system.  iv. Preparation of the UV Channel for installation of new UV System. v. Mechanical work required to support and install the UV System and associated vi. Installation of electrical conduit and wiring for power supply and controls of UV vii. Labor and installation of UVModules, electrical enclosures, compressor and  controls. System. PLC.  viii. Startup and Training on the new UV System. i.F Providing 480 Volt, 3 Phase Power at the UV Site.  2.3 Items not included in our scope:  2.2 The Work to be performed is described in general, non-inclusive terms and includes furnishing all labor, tools, equipment and incidentals necessary to provide the i.M Meet all applicable OSHA requirements while performing the Work. ii. Protect electrical and control devices in and around the Sulzer Blower Unit. Prior to any Work being performed, Contractor shall follow proper lock-outtag-out iii. Supply all parts and perform repairs listed in Exhibit "B", attached hereto and incorporated by reference herein. The Work shall include, but is not limited to, installing a new overhaul kit and/or spare parts as required, re-setting internal iv. Install all repair or furnished parts in accordance with manufacturer's  following:  procedures and requirements.  clearances, and re-assembly to factory specifications.  instructions.    V. Certify Glasco UV Ultraviolet Systems and associated equipment are ready for  use after repair and testing at the City's facility. Section III. Repair & Testing, Installation, and Acceptance  4.1 The Work shall be completed during normal business hours, Monday through Friday between the hours of 7:00 AM and 4:00 PM. Other times may be acceptable if 4.2 The Contractor is responsible for unloading all equipment necessary for the Work at 4.3 The Contractor shall be responsible for the installation of any and all equipment necessary for the Work. Prior to the startup of the equipment installed in furtherance of the Work, Contractor shall inspect the equipment, make necessary final adjustments,  pre-arranged with the City.  the facility.  and certify the equipment is ready for operation.    EXHIBIT B SCOPE OF SUPPLY  Section I. General Information and Pricing  1.1 The Contractor shall provide the Equipment below at the prices outlined below. 1.2 All Equipment, delivery details, terms and conditions, freight and service are described in the manufacturer individual proposals. These proposals have been sent electronically via email, are attached or will be sent under separate cover. Thank you for  this opportunity and we look forward to working with you.  North Plant UV Installed Cost  ITEM QTY 1  EQUIPMENT  MANUFACTURER PRICE  TOTAL PRICE  5 Vertical UV: System. VC-8- A800X5. Low pressure high output 16,000 hr lamps. Ballast and System Control Center. Auto cleaning package with compressor. UVI Monitoring and level control. 1 NEMA Control Panel Labor: Demo and remove existing UV. Reconfigure existing Gates. Bypass pumping. Install new UV. Make electrical connections. Install control panel. Install New UV. 1 Admin. Project Management Insurance and Bonding 1 Overhead and Profit  Glasco UV $69,000 $345,000  2 3  Glasco UV Included  Above  Global WET $186,300 $186,300  N/A N/A TOTAL  10% 10%  $53,130 $53,130 $637,560  6  (Additional Equipment on next page.)    South Plant UV Installed Cost  ITEM QTY 1  EQUIPMENT  MANUFACTURER PRICE  TOTAL PRICE  2 Vertical UV System. VC-8- A800X2. Low pressure high output 16,000 hr lamps, Ballast and System Control Center. Auto cleaning package with compressor. UVI Monitoring and level control. 1 NEMA Control Panel. 1 Labor: Demo and remove existing UV. Reconfigure existing Gates. Bypass pumping. Install new UV. Make electrical connections. Install control panel. Install New UV  Glasco UV $69,000 $138,000  2 3  Glasco UV Included  Above  Global WET $132,250 $132,250  TOTAL  $270,250  Section II. Equipment Warranties  1.1 The UV System warranty is valid under the terms outlined below. The warranty period is 18 months from date of delivery and 12 months from date of the Certification of Substantial Completion whichever comes first. It covers all failures due to defects in material and/or workmanship excluding consumables (see separate lamp and ballast 1.2 This warranty shall not apply to any failure or defect which results from the Equipment not being operated and maintained in strict accordance with instructions specified in Glasco UV's Instructions Manual or which results from mishandling, misuse, neglect, improper storage, improper Operation of the Equipment with other equipment furnished by the Customer or by other third parties or from defects in designs or specifications furnished by or on behalf of the Customer by a person other than Glasco UV. In addition, this warranty shall not apply to Equipment that has been altered or  warranties below).  repaired after start-up by anyone except:  A Authorized representatives of Glasco UV, or  Customer acting under specific instructions from Glasco UV. 1.3 Customer must notify Glasco UVin writing within 5 days of the date of any Equipment failure. This notification shall include a description of the problem, a copy of the operator's log, a copy of the Customer's maintenance record and any analytical results detailing the problem. IfCustomer has not maintained the operator's log and maintenance record in the manner directed in the Operation and Maintenance manual, or does not notify Glasco UV oft the problem as specified above, this warranty may, in  Glasco UV's discretion, be invalid.    1.4 Customer will fully cooperate with Glasco UV, in the manner requested by Glasco UV, in attempting to diagnose and resolve the problem by way of telephone support. If the problem can be diagnosed by telephone support and a replacement part is required, Glasco UVwill either, at Glasco UV's expense, ship a repaired, reworked or new part to the Customer who will install such part as directed by Glasco UV or will direct Customer to acquire, at Glasco UV's expense, such part from a third party and then install such part as directed by Glasco UV. This warranty is the exclusive remedy of the Customer for all claims based on a failure of or defect ini the Equipment, whether the claim is based on contract (including fundamental breach), tort (including negligence), strict liability or otherwise. This warranty is in lieu of all other warranties whether written, oral, implied or statutory. Without limitation, no warranty of merchantability or fitness for a 1.5 Each low pressure, high output lamp is guaranteed for 13,000 hours operating time under normal operating conditions. Normal operating conditions include:  particular purpose shall apply to the Equipment.  - Onloff cycles max. 4 per 24 operating hours, Voltage fluctuations according to DIN IEC 38. Glasco UV together with the information of UV unit serial  In case of premature lamp failure, the client is requested to send the lamp back to number, hours run and onloff cycles. Glasco UV then offers the following:  Lamp failure before 9,000 h: Glasco UV will send a replacement lamp free of Lamp failure after 9,000 h: Glasco UVwill issue a credit proportional to the Upon return to our facilities in Mahwah, NJ, we will dispose/recycle all used and failed  charge, hours not used. lamps at no charge to the client.    EXHIBIT C COMPENSATION Section I. Compensation  1.1 Contractor shall be compensated for the Work and Equipment provided under this Contract in a lump sum total not-to-exceed price of nine hundred seven thousand, eight hundred ten dollars and zero cents ($907,810.00) after the Work and 1.2 Unless otherwise approved in writing by the City and formalized by amendment, the Work and Equipment provided under this Contract shall not exceed the total price set  Equipment have been accepted by the City.  forth in Section 1.1above.  Section II. Payment Terms and Invoicing  2.1 The City normally will pay properly submitted Contractor invoices within thirty (30) days of receipt providing goods and/or services have been delivered and accepted 2.2 Invoices must be received in the City Finance and Administration Department and presented for payment in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the following address for  as specified.  processing: Mailing Address: City of Kingsville P.O. Box 1458 Kingsville, Texas 78364  Physical Address: City of Kingsville 400 W. King Ave. Kingsville, Texas 78363  2.3 The Contractor is asked to submit invoices electronically to the following Accounts Payable email address: wdonnell@ctyorkingsvile.com. Contractors who use 2.4 The City is exempt from paying Texas sales and use taxes. The Contractor shall not charge the City for such taxes. Proof of exemption is available upon request. 2.5 Invoices will be sent to the City by the Contractor and payment made within 30 Days by the City to the Contractor according to the pay schedule below.  the electronic service should not mail the original invoice.  5% Upon Approval of submittal 10% Upon Removal of the existing UV system  15% Upon Preparation of the UV Channel for installation of new UV System. 15% Upon Mechanical work required to support and install the UV System and 15% Upon Installation of electrical conduit and wiring for power supply and 15% Upon Labor and installation of UVI Modules, electrical enclosures, 15% Upon Startup and Training on the new UV System. 10% Upon Retainage upon Substantial Completion and Acceptance. 2.6 ACH Payments will be the accepted method of payment. The City will provide bank account and routing information with their purchase order and the Contractor will provide bank accounting and routing information on the first invoice.  associated controls. controls of UV System. compressor and PLC.    AGENDA ITEM #12    Golf Course  City of Kingsville Parks & Recreation Department  TO: CC: FROM: DATE: SUBJECT:  Mayor and City. Commissioners Mark McLaughlin, City. Manager Susan Ivy, Director of Parks & Recreation  September 11, 2024  Agenda Request - Rèquest to Amend Ordinance toi increase. certain Golf Course  Fees and to Approve of certain Park Fees  Summary: We are requesting approval from City Commission to amend the Code of Ordinances to allow for certain Golf Course Fees at L. E. Ramey Park to be increased. We are also requesting approval to change the lighting fee for Athletic Fields rentals and' the Shelter rental fees in the Background: During the Budget workshops we presented a comparison of area golf course fees. After an evaluation oft the currenti fees at our Golf Course we presented aj proposal tor raise certain fees to a more appropriate rate. Consideration was discussed regarding the. increase in golf cart leasing contract amount, overall increase in cost of operations and considerable improvements We also discussed the increase in lighting fees for athletic fields and shelter rental fees, which  Parks.  tot the course.  are covered under Code of Ordinance section 9-8-7.  Al list of fees tol be changed and: their existing and proposed fees are attached.  Financial Impact:. We believé that this action will result in a substantial increase. ini revenue for the Golf Course and Parks Départment that will come closer to covering the expense oft the items., Recommendation: 1) Approve the fee increase proposal for Parks fees as presented. 2) Amend  the Code of Ordinances: for the Golf Course. feei increases as presented.  EXAS  Kinosville    City of Kingsville Parks & Recreation Department  All fees will have sales taxes added. to them at time of sale.  GREEN FEES 18Weekend /Holiday 18 Weekdays 9V Weekend/Holiday Senior Weekdays Senior Weekends 18] Juniors 9J Juniors CART FEES 18 Hole Cart Fee HalfCart Member Cart) Fee Trail Fee  Current 17.00 15.00 12.00 11.00 13.00. 8 6  Proposed 23.00. 18.00 14.00 15.00 17.00 8.00 6.00  Current 15.00 10.00 15.00. 7.00  Proposed  Per Person Cart Fee $18.00. Use rate above Use rate above 10.00 Proposed 1000.00 175.00 3000.00 350.00  MEMBERSHIP FEES Current  Yearly No Cart Monthly No Cart Yearly With. Cart Monthly with Cart  660.00 65.00 2500.00 185.00  Kingsville  TEXAS    ORDINANCE NO. 2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES BY AMENEDING CHAPTER IX-GENERAL REGULATIONS, ARTICLE 8-PARKS AND RECREATION, PROVIDING FOR REVISED CART FEES FOR THE L.E. RAMEY GOLF COURSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE AND WHEREAS, in 2014 the City and County approved interlocal agreements to transfer operations and maintenance of all of the parks within the city limits and WHEREAS, the approval of these interlocal agreements necessitated the City to enact regulations and fees for the properties covered under the interlocal  PUBLICATION.  the L.E. Ramey Golf Course from the County to the City;  agreements; and  WHEREAS, in the first half of 2018, the City made several hundred thousand dollars of improvements at the L.E. Ramey Golf Course and determined that it needed to increase user fees to help offset the cost of the improvements and those revisions were approved on June 25, 2018, via Ordinance #2018-35; and WHEREAS, the golf course user fees were last revised on August 12, 2019 and WHEREAS, the City recently acquired new electric golf carts for rent at the golf course and performed a rental rate survey which showed the current rate to be below market, so staff is now recommending a slight increase in the golf cart rental rate for the new carts to be more in-line with the going market rate; and WHEREAS, the City has made numerous improvements to the golf course in the last few years without a rate adjustment and the cost to provide the services has increased, new rates are being proposed by staff to help cover costs; and WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE  golf cart rental fees were revised on September 28, 2020; and  welfare of the City of Kingsville. CITY OF KINGSVILLE, TEXAS;  I.  THAT Chapter IX- General Regulations, Article 8-Parks and Recreation, of the Code of Ordinances of the City of Kingsville, Texas, shall be amended to read as  follows:  ARTICLE 8 PARKS AND RECREATION  I    GOLF COURSE  $9-8-41 GOLF COURSE FEES.  The following schedule of fees shall be paid by the patrons of the municipal golf course. The Golf Course Manager may negotiate rates for golf course special events and promotions. NOTE: AlI fees will have sales taxes added to them at  the time of sale. (A)Daily Green Fees: refundable).  Golf course green fees for persons 18 years. of age or older (non-  (1) 18-Holes of Play:  Weekends and holidays: $17.00 $23.00 Weekdays: $15.00 $18.00  (2). 9-Holes of Play:  Weekends and holidays: $12.00 $14.00  Weekdays: $13.00  (B)Junior Fees:  Golf course green fees for persons in the classification of junior (non-  refundable).  (1) 18-Holes of Play:  Weekdays: $8.00  (2) 9-Holes of Play:  Weekdays: $6.00  (C)College Student Fees:  2    Golf course green fees for persons in the classification of College Student non-refundable) can receive a twenty percent (20%) discount off the Daily  Green Fees.  (D)Military Fees:  Golf course green fees for persons in the classification of Military (non- refundable) can receive a twenty percent (20%) discount off the Daily  Green Fees.  (E)Senior Fees:  Golf course green fees for persons 62 years of age or older (non-  refundable).  18-Holes of Play:  Weekdays: $11.00 $15.00 Weekends: $13.00 $17.00  (F) Annual membership fees:  Annual membership entitles that person to unlimited green fees for 365  days from date of purchase non-retundable).  Annual individual membership rate noc cart): $660.00 $1,000.00 Military annual membership rate: can receive a 25% discount off of  an annual individual membership rate. (G) Semi-Annual membership fees:  Semi-Annual membership entitles player to unlimited green fees for six (6) months from date of purchase (non-refundable) for $360.00.  (H)Monthly membership fees:  Monthly membership entitles an individual player to unlimited green fees  for 30 days from date of purchase (non-refundable). Monthly individual rate fno cart): $65.00 $175.00 Monthly individual rate with cart): $185.00 $350.00 Monthly individual rate per school team member: $35.00  3    (I) Annual cart fee and green fee:  Annual cart fee is per player and entitles player to unlimited carts for 365 days from date of purchase (non-refundable) and unlimited green fees for  365 days from date of purchase (non-refundable).  Annual individual cart fee and green fee: $2,500.00 $3,000.00  (J) Monthly. Locker Fee:  Monthly locker fee is per player and entitles player to use of a locker for 30  days from date of purchase (non-refundable).  Monthly individual locker fee: $30.00 for one month  $75.00 for three months $120.00 for six months $180.00 for twelve months  (K)Daily Golf Club Rental Fee: clubs non-refundable). Daily golf club rental fee: $15.00 (L) Monthly Driving Range Membership Fee:  Daily golf club fee is per player and entitles player to use of a set of golf  Monthly driving range membership entitles player to unlimited driving range fees for 30 days from date of purchase non-refundable).  Monthly individual membership rate: $90.00 for three months  $120 for six months $200.00 for twelve months  (M) Range Ball Bucket Fee: (non-refundable).  Range ball bucket fee entitles player to the use of the bucket of balls once  Jumbo Bucket: $15.00 Large Bucket (135 balls): $10.00 Medium Bucket (75 balls): $7.00 Small Bucket (35 balls): $5.00  :  4    (N). Minors less than 16 years of age shall not operate golf carts on municipal (0) Each golf course green fee shall entitle payee to play a maximum of 18 holes of golf on the date paid. Additional payment of green fees shall be (P) All members of any authorized golf team from a school or institution of higher education located within Kleberg County may play a maximum of two rounds per week Monday-Thursday, excluding holidays, at no charge during their respective schoolyears. The following limit will apply to such golf  golf course property.  required if more than 18 holes of golf are to be played.  players:  Teams are limited to 15 players per school at any one time.  (Q) Cart Rental Fee:  18-Holes: $15.00 $18.00 per player 9-Holes: $10.00 $18.00 per player Clubhouse Rental Deposit Clubhouse Rental Fee Tournament Deposit Snag Golf Clinic Fee  (R) Miscellaneous Fees:  $50.00 $150.00 $100.00 $60.00  City Employees Wellness Program Discount: Golf course green fees for persons who are current City Employees can receive a twenty percent (20%)  discount off the Daily Green Fees.  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are  repealed to the extent of such conflict only.  III.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph,  5    subdivision, clause, phrase, work or ordinance hereof be given full force and  effect for its purpose.  IV.  THAT this Ordinance shall be codified and become effective on and after  adoption and publication as required by law.  INTRODUCED on this 23rd day of September, 2024.  PASSED AND APPROVED on this the 15th day of October, 2024.  Effective Date:  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney  6    AGENDA ITEM #13    Pock Fes  City of Kingsville Parks & Recreation Department  TO: CC: FROM: DATE: SUBJECT:  Mayor and City Commissioners Mark McLaughlin, City Manager Susan Ivy, Director of Parks & Recreation  September 11, 2024  Agenda Request- Request to Amend Ordinance to increase certain Golf Course  Fees and to Approve of certain Park Fees  Summary: We are requesting approval from City Commission to amend the Code of Ordinances to allow for certain Golf Course Fees at L. E. Ramey Park to bei increased. We are. also requesting approval to change the lighting fee for Athletic Fields rentals and the Shelter rental fees in the Background: During the Budget workshops we presented a comparison ofa area golf course fees. Afteranevaluation oft the current fees at our Golf Course we presented a proposal tor raise certain fees to a more appropriate rate. Consideration was discussed regarding the increase in golf cart leasing contract amount, overall increase in cost of opèrations and considerable improvements We also discussed the increase. in lighting fees for athletic fields and shelter rental fees, which  Parks.  tot the course.  are covered under Code of Ordinance section 9-8-7.  Al list of fees tol be changed and: their existing and proposed fees are attached.  Financial Impact: We believe that this action will result in a substantial increase. in revenue for the Golf Course and Parks Department that will come closer to covering the expense of thei items. Recommendation: 1) Approve the fee increase proposal for Parks fees as presented. 2) Amend  the Code of Ordinances for the Golf Course fee increases as presented.  EXAS    City of Kingsville Parks & Recreation Department  PARKS AND RECREATION - Recreation Division NAME OFFEE-1. BallF Field Rental Feev with! Lights  2. Park Shelter Rental- - comes with electricity  PURPOSE OFI FEE 1: To collect a fee to cover the usage ofl lights whenj practicingor playing on a baseball, softball or soccer athletic field.. Fee Established: 10-1-2014 when City took over management: of Parks and Recreation. Original Fee: Field Rental $10.00-with! Lights $15.00 Requesting thati itt be raisedt to $10.001 rental ands $25.00 with lights. Anticipating! bringingin an additional $4000.00  PURPOSE OF FEE: 2: To collect af fee fori renting the shelters with electricity in DKP and Feel Established: 1012014v when Cityt took over management of Parks and Recreation Original Fee: These: shelters have notl been rented and are used on at first come first serve basis. There are electric poles we are charging $15.001 for 4hours and they! have We are requesting toy pair the shelter and electric together tor rentf for $25.00 deposit Anticipating! bringingina an additional: $5000 to $7000 providing the option fora  inn neighborhood parks.  to get to shelter before anyone else tol have! both for a party. $40f for4 4 hour rental. $10/hrf for each additional hour  reserved shelter.  Kingsville  TEXAS    9/18/24, 11:21 AM  Kingsville, TX Code of Ordinances  Sec. 9-8-7.-F Recreation fees and charges.  The Parks & Recreation Manager shall prepare a list of recreation fees and charges for the public use of swimming pools, tennis courts, recreation centers, athletic fields, and other city-owned facilities. The schedule of fees and charges shall be submitted to the City Manager for approval, and be reviewed on an annual basis. Such rates shall bear a reasonable relation to current rental rates charged for similar commercial facilities sO as to neither be excessive or grossly deficient by comparison; provided, however, all such fees, but not including adult softball and adult baseball league fees and charges for athletic fields, shall not increase annually by more than twenty-five (25) per cent and fees for organized youth activities shall not exceed a level which would recover forty (40) per cent oft the estimated total cost, nor shall new fees be created, without the City Commisssion's approval by motion or resolution. The approved schedule shall be filed with the City Secretary and copies shall be provided to the City Commission. Specific fees, however, may be adjusted at any time, and the Parks & Recreation Manager shall have the authority to negotiate  special rates for special situations. (Ord. No. 2014-64, SI 1, passed 9-22-2014)  about:blank  1/1    AGENDA ITEM #14    City of Kingsville Police Department  TO: CC: FROM: DATE:  Mayor and City Commissioners Mark McLaughlin, City Manager John Blair, ChiefofPolice 8/28/2024  SUBJECT: Request for Resolution to Execute a Contract between the Kingsville Police  Department and the Axon Enterprise, Inc.  Summary:  The Kingsville Police Department (KPD) seeks the City Commission's approval to enter into a contract with Axon Enterprise, Inc. This contract will provide the latest advancements in Body Worn Cameras (BWC) and In-Car Camera technology, significantly improving both officer  safety and operational efficiency within the department.  Background:  After a comprehensive review by the KPD and the City's IT Department, it was determined that the current Officer Body Worn Camera and In-Car Camera systems are outdated and in urgent need of replacement. Demonstrations of various systems from three vendors were conducted, and after evaluating the department's requirements, Axon Enterprise, Inc. was selected as the best and  most cost-effective solution. This new contract will include:  New Body Worn Cameras for all Officers New In-Car Cameras for alll Patrol Vehicles  Improved Officer Safety and Enhanced Supervisory Review Update Interview. Rooms with new Video and Audio funcitionality.  Integration of Evidencerom.com for secure digital media storage and management  Regular Equipment Refreshes Comprehensive Training and Support  Kinosville  TEXAS    City of Kingsville Police Department  These upgrades will ensure that the KPD is equipped toj provide accurate, reliable recordings in both BWCs and In-Car Cameras, thereby enhancing public safety and accountability. Axon is on the DIR purchasing cooperative under Texas DIR Contract #DIR-TS0-3561, SO  purchasing laws have been complied with: for this item.  Financial Impact:  The associated costs oft this contract have been thoroughly reviewed, and funding sources have been identified and secured to support the project from the following sources: Chapter 591 umd-s462909rudgeted in Computers for FY 24-25 Office ofthe Governor FY2025 Body-Worn Camera Grant Program-approximate)y Leftover funding of $8,790.47i in Fund 115-Tax Notes Series 2021, budgeted in FY2 24-25 Leftover funding of $78,918.59 in Fund 126-GF Tax Notes 2022, budgeted in FY 24-25  $46,000  Total Funding $180,000  Recommendation:  The Kingsville Police Department respectfully requests that the City Commission approve this resolution, authorizing the Chief ofPolice and the IT Director to engage in a contract with. Axon Enterprise, Inc. for Body-Worn Cameras, In-Car Cameras, and related services, ensuring the  continued safety and effectiveness of our law enforcement operations.    *ingsvillea  TEXAS    RESOLUTION #2024-  A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER SERVICES AND PURCHASING AGREEMENT FOR CUSTOMER AND OTHER DOCUMENTS RELATED THERETO WITH AXON ENTERPRISE, INC. FOR POLICE DEPARTMENT BODY WORN AND IN-CAR CAMERAS AND SERVICES; REPEALING ALL CONFLICTING RESOLUTIONS AND WHEREAS, the City of Kingsville ("City") desires to acquire new Body-Worn and In-Car Cameras and services as the existing one used by the Police Department WHEREAS, a new Master Services and Purchasing Agreement for Customer and Other Documents Related Thereto with Axon Enterprise, Inc. ("Axon") has been received for Kingsville Police Department Body Worn and In-Car Cameras WHEREAS, the contract is authorized under Texas DIR Contract #DIR-TSO- WHEREAS, the parties have worked on several documents comprising the Master Services and Purchasing Agreement for Customer and Other Documents WHEREAS, the equipment and related services to be provided under this agreement will provide accurate, reliable recordings of Body-Worn and In-Car WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial  PROVIDING FOR AN EFFECTIVE DATE.  are out-dated and in urgent need of replacement;  and Services for a 60-month term; and  3561; and  Related Thereto; and  Cameras thereby enhancing public safety and accountability; for the parties to enter into the agreement attached hereto.  NOW THEREFOR, BE IT RESOLVED by the City Commission of the City of  Kingsville, Texas:  I.  THAT the City Manager is authorized and directed as an act of the City of Kingsville, Texas to enter into a Master Services and Purchasing Agreement for Customer and several other documents related thereto with Axon Enterprise, Inc. ina accordance with Exhibit Al hereto attached and made a part hereof.  II.  THAT all resolutions or parts of resolutions in conflict with this resolution are  repealed to the extent of such conflict only.  1    III.  THAT this Resolution shall be and become effective on and after adoption. PASSED AND APPROVED by a majority vote of the City Commission on the  23rdday of September 2024.  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney  2    AXON Master Services and Purchasing Agreement for Customer This Master Services and Purchasing Agreement ('Agreement) is between Axon Enterprise, Inc. ("Axon"), and the customer listed below. or, if no customer is listed below, the customer on the Quote attached hereto ("Customer"). ThisA Agreement is effective as oft thel later oft the (a) last signature date ont this Agreement or (b) date of acceptance oft the Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs Customer's purchase and use oft the Axon Devices and Services detailed in the Quote as defined below. Itis thei intent of the Parties that this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Customer shall be also incorporated into' this 1.1. "Axon Cloud Services" means Axon's web services, including but not limited to, Axon Evidence, Axon Records, Axon! Dispatch, FUSUS: services andi interactions betweenAxon Evidence and/ Axon Devices or Axon client. software. Axon Cloud Service excludes third-party applications, hardware warranties, and 1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are 1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices. Anyi inconsistent or supplemental terms within Customer's purchase order inr response to a Quote willl be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in. any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors. 1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud 2.: Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or 2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety. Plans, Technology, Assurance Plans, and TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon 2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5 years ("Renewal Term"). For purchase OfTASER7 or TASER 10 as a standalone, Axon may increase pricing toi its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote by up to 3% at the beginning of each year of the Renewal Term. New devices and. services may require additional terms.. Axon will not authorize services until Axon receives a signed Quote or 3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Paymenti is duer net 30 days from thei invoice date. Axoni invoices for Axon Cloud Services on an upfront annual basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Customer will payi interest on all past-due sums att thel lower of one-and-a-half percent (1.5%) per month or the! highest rate allowed by law. Customer will payi invoices without setoff, deduction, or withholding. IfAxon sends a past due account to collections, Customer is responsible for 4. Taxes. Customer is responsible for sales and other taxes associated" with the order unless Customer provides Axon 5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations.. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon's delivery to the common 6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by 7.1. Limited Warranty. Axons warrants that Axon-manufactured Devices are free from defects in workmanship and materials for one (1) year from the date of Customer's receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer's receipt and Axon-manufactured accessories, which Axon warrants for ninety (90) days from Customer's receipt, respectively, from the date of Customer's receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run fromi the expiration oft the one (1) year hardware warranty through the extended warranty term purchased.  Agreement by reference as a Quote. The Parties agree as follows:  1. Definitions.  my.evidence.com. as subset of Axon Devices.  Services, and professional services. have been terminated ("Term").  completion oft the subscription stated int the Quote ("Subscription Term").  accepts a purchase order, whichever is first.  collection and attorneys' fees. avalid tax exemption certificate.  carrier. Customer is responsible for any shipping charges int the Quote.  state or federal law. 7. Warranty.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 1of44    AXON Master Services and Purchasing Agreement for Customer 7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon's warranty and are only subject to the warranties of the third-party provider or manufacturer. 7.3. Claims. If Axon receives a valid warranty claim for an Axon-manulactured Device during the warranty term, Axon's sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon- manufactured Device, at Axon's option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement. 7.3.1.If Customer exchanges an Axon Device or part, the replacement item becomes Customer's property, and the replaced item becomes Axon's property. Before delivering an Axon-manufactured Device for service, Customer must upload Axon-manufactured Device data to Axon Evidence or download ita and retain a copy. Axoni is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device. sent to Axon for service. 7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number of spare Axon Devices as detailedi in the Quote ("Spare Axon Devices"). Spare. Axon Devices are intended to replace broken or non-functioning units while Customer submits the broken or non-functioning units, through Axon's warranty return process. Axon will repair or replace the unit with a replacement. Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Customer in accordance with. shipping terms of this Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices 7.5. Limitations. Axon's warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon's written permission; or () Axon Devices with a defaced or removed. serial number. 7.5.1.To the extent permitted by. law, the above warranties and remedies are. exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. Ifs statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Customer confirms and agrees that in deciding whether to sign this Agreement, Customerhasi not relied on any statement or representation! by Axon ora anyone acting on behalf of Axon. related to the subject matter of this Agreement thati is noti in this Agreement. 7.5.2.Axon's cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to this Agreement will not exceed the purchase price paid to Axon for the Axon Device, ori if for Services, the amount paid for such Services overt thet twelve (12)months preceding the claim. Neither Partywilll bel liablei for special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon). is. governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.comsales- 7.7. Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by thet terms, ifany, entered intol between Customer andi the respective third-party provider, including, without limitation, the terms applicable to such software or services located at wwaoncomsals-ems 7.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and servicesi to Customer, as a charitable donation undert the Axon Aid program. Ins suche event, Customer expressly waives andr releases any and all claims, now known orl hereafter known, against Axon andi its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but notl limited to, on account ofi injury, death, property damage, or loss' of data, arising out of or attributable tot the Axon Aid program whether arising out oft the negligence of any Releasees or otherwise. Customer agrees not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. Customer expressly allows Axon to publicly announce its participation in Axon Aid and usei its name inr marketing materials. Axon may terminate the Axon Aidp program without cause immediately  for thei intended purpose.  Axon's warranty will be voidi if Customer resells Axon Devices.  terms-and-conditons. and-conditions; ifany.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 2of44    4 AXON Master Services and Purchasing Agreement for Customer  upon notice toi the Customer.  8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon's Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this 10. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Customer or 11. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Customer's purchase. Axon will not provide ar refund, credit, or additional discount beyond whati is int the Quote due to a delay of 12. Insurance.. Axon will maintain General Liability, Workers' Compensation, and Automobile Liability insurance. Upon 13. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Customer will not cause any Axon proprietary 14. IPI - Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any third-party claim alleging that the use ofAxon-manufactured Devices, Axon Cloud Services or Axon software ("Axon Products")i infringes or misappropriates the third-party's intellectual property rights. Customer must promptly provide Axon with written notice of such claim, tender to Axont the defense or settlement ofs such claim atA Axon's expense and cooperate fully with Axon in the defense or settlement of such claim. Axon's IP indemnification obligations do not apply to claims based on (a) modification of Axon Products by Customer or at third-party not approved by Axon; (b) use ofAxon Productsi in combination with hardware or services not approved by Axon; (c) use ofA Axon Products other than as permitted int this Agréement; or (d) use ofA Axon Products thati is not ther most currents software release provided 15. Customer Responsibilities Customer is responsible for (a) Customer's use of Axon Devices; (b)Customer or an end user's breach of this Agreement or violation of applicable law; (c) disputes between Customer and a third-party over Customer's use of Axon Devices; (d). secure and sustainable destruction and disposal of Axon Devices at Customer's cost; and (e) any regulatory violations or fines, as a résult of improper destruction or disposal of Axon 16.1. For Breach. AParty may terminate this Agreement for cause ifit provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured thirty (30) days after written notice. If Customer terminates this Agreement due to Axon's uncured breach, Axon will refund prepaid amounts on a prorated 16.2. By Customer. Ifs sufficient funds are not appropriated or otherwise legally available to pay thet fees, Customer may terminate this Agreement. Customer will deliver notice of termination under this section as soon as 16.3. Effect of Termination. Upon termination oft this Agreement, Customer rights immediately terminate. Customer remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon Devices for less thani ther manufacturer's suggested retail price ("MSRP") andi this Agreement terminates before the end of the Term, Axon willi invoice Customer the difference between thel MSRP for Axon Devices received, including any Spare Axon! Devices, and amounts paid towards those Axon! Devices. Only ifte terminating forr non- appropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual. Axon Device at the time of sale. For bundled. Axon Devices, MSRP is the 17.. Confidentiality. Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably. be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use oft the other Party's Confidential Information. Unless required by law, neither Party will disclose the other Party's Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer. receives a public records request to disclose Axon  Agreement byr reference.  9. Axon Device Warnings. See www.axon.comlega for the most current Axon Device warnings. making the same change to Axon Devices and Services previously purchased by Customer. availability or Customer's election not to utilize any portion of an Axon bundle.  request, Axon will supply certificates of insurance.  rights to be violated.  byA Axon.  Devices. 16. Termination.  basis based on the effective date oft termination.  reasonably practicable.  standalone price ofa all individual components.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page3of44    AXON Master Services and Purchasing Agreement for Customer Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure.. Axon 18.1. Force Majeure. Neither Party will bel liable for any delay or failure to perform due to a cause beyond al Party's 18.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or 18.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, ori federal 18.5. Export Compliance. Each Party will comply with all import and export control laws and regulations. 18.6. Assignment. Neither Party may assign this Agreement without the other Party's prior written consent... Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes off financing, merger, acquisition, corporate reorganization, or sale. of all or substantially all its assets. 18.7. Waiver. No waiver or delay by either Party in exercising any right under. this Agreement constitutes a waiver 18.8. Severability. Ifa court of competent jurisdiction holds any portion oft this Agreement invalid or unenforceable, 18.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections 18.10.Governing! Law. Thel laws oft the country, state, province, or municipality where Customer is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention fort the International Sale of Goods does not apply tot this Agreement. 18.11.Notices. All notices must be in English. Notices posted on Customer's Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be provided. to/ Axon! Enterprise, Inc., Attn: Legal, 17800 North 85th Street, Sçottsdale, Arizona 85255: with a copy 18.12: Entire Agreement. This Agreement, the Appendices, includinga any applicable. Appendices not attached herein for the products and services purchased, which are incorporated by reference and located in the Master Purchasing and Services Agreement located at htps/www.axon.comisales-termsaand-condtions. Quote and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This  may publicly announce information related to this Agreement.  18. General.  reasonable control.  employment relationship between the Parties.  18.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement..  law.  This Agreement is binding upon the Parties respective successors and assigns.  of that right.  the remaining portions oft this Agreement will remain in effect.  oft the Appendices.  to legal@axon.com.  Agreement may only ber modified or amended in a writing signed by the Parties.  Title: Master Services and Purchasing Agreement between. Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 4of44    AXON Master Services and Purchasing Agreement for Customer. Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and  delivered this Agreement as oft the date of signature.  AXON: Axon Enterprise, Inc. Signature: Name: Title: Date:  CUSTOMER:  Signature: Name: Title: Date:.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 50f44    AXON  Master Services and Purchasing Agreement for Customer  Axon Cloud Services Terms of Use Appendix  1. Definitions.  a. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer's tenant, including media or multimedia uploaded into Axon Cloud Services by Customer. "Evidence" is media or multimedia uploadedi into Axon Evidence as' evidence' bya a Customer. Evidence "Non-Content Data" is data, configuration, and usage information about Customer's Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Datai includes data about users captured during acçountr management and customer support activities. Non-Content Data does not include Customer Content. d. Provided Data" means de-identified, de-personalized, datal derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and Transformed Data" means the Provided Data used for the purpose of quantitative evaluation of the performance ande effectiveness OfTASER energy weapons int thef field across av variety of circumstances. 2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services tos store and manage Customer Content. Customer may note exceed more end users thant the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Customer may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM 3. Customer Owns Customer Content. Customer controls and owns all right, title, and interest in Customer Content. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon's business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will only have access to Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. 4. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk, and configuration management, incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum fori its digital evidence orr records management systems. 5. Customer Responsibilities. Customer is responsible for (a). ensuring Customer owns Customer Content or has ther necessary rights to use Customer. Content (b) ensuring no Customer Content or Customer end user's use. of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any auto generated or Al generated reports. If Customer becomes aware of any violation of this Agreement by. an end a. Customer will also maintain the security of end usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the. configuration and utilization- of Axon Cloud Services méet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. IfCustomer provides access to unauthorized third-parties, Axon may assess additional fees along with suspending Customer's access. Customer shall contact. Axoni immediately if an unauthorized party. may be using Customer's account or Customer  Customer Content includes Evidence but excludes Non-Content Data.  isas subset of Customer Content.  incident reports.  data ("TASER Data"). Customer may not upload non-TASER Data to Axon Evidence Lite.  user, Customer will immediately terminate that end user's access to Axon Cloud Services.  Content, ori ifa account information is lost or stolen.  6. Privacy. Customer's use of Axon Cloud Services is subject tot the Axon Cloud Services Privacy Policy, a current version of which is available at tps.www.axon.comlegalcoudsercenvices-prvacy-policy. Customer agrees to allow Axon access tol Non-Content Datat from Customer to (a) perform troubleshooting, maintenance, or diagnostic  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 6of.44    AXON  Master Services and Purchasing Agreement for Customer  screenings; (b) provide, develop, improve, ands support current andi future Axon products and related services; and 7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, fori instance, within buildings or underground. Customer administrators can manage their choice tou use this service within the administrative features ofA Axon Cloud Services. IfCustomer chooses to use this service, Axon must also enable the usage oft the feature for Customer's Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fil Positioning for 8. Storage. For. Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon! Evidence accountonlyi ifdata originates from Axon Capture or anAxon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6). months into archival storage. Customer Content in archival storage will not havei immediate availability andi may take up to twenty-four (24) hours to access. For Third-Party Unlimited Storage thet following restrictions apply: () itmay only be usedi in conjunction with ay valid Axon's Evidence.com user license; () is limited to data oft thel lawe enforcemènt Customer that purchasedi the Third- Party Unlimited Storage and the Axon's Evidence.com end user or Customer is prohibited from storing data for other law enforcement agencies; and (ii) Customer may only upload and store data thati is directly related to: (1) the investigation of, or the prosecution of a crime; (2) common law enforcement activities; or (3) any Customer 9. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of 10. Suspension. Axon may temporarily. suspend Customer's or any end user's right to access or use any portion or all of Axon Cloud Services immediately upon notice, ifc Customer ore end user's use of orr registration for Axon Cloud Services may (a) pose a seçurity risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon's affiliates, or any third-party. to liability; or (d) bet fraudulent. Customer remains responsible for all fees incurred through suspension. Axony will not 11. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors 12. TASER Data Science Program. Axon will provide a quantitative evaluation ont the performance and effectiveness IfCustomer purchases the TASERI Data Science Program, Customer grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely for the purposes oft this Agreement and to create Transformed Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data. Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to; TASER Data Science, report provided to Customer for its own internal purposes. The Data Science report is provided "as is" and In the event Customer seeks Axon's deletion of Provided Data, it may submit a request to prlvacy@axon.com. Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to 13. Axon Records. Axon! Recordsi is thes software-as-a-service product thati is generally available ati thet time Customer purchases an OSP7 or OSP 10 bundle. During Customer's Axon Records Subscription Term, if any, Customer will be entitled to receive Axon's Update and Upgrade releases on ani if-and-when available basis. a. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented int the Quote, or if purchased as part of an OSP 7 or OSP 10 bundle, upon completion  (c) enforce this Agreement or policies governing the use of Axon products.  Customer's Axon Cloud Services tenant.  Content created by Axon Devices or Evidence.com. Customer Content remains with Customer.  delete Customer Content because ofs suspension, except as specified in this Agreement.  before Customer uploads data to Axon Cloud Services.  OfTASER energy weapons int the field across a variety of circumstances.  without any warranty of any kind. collect Provided Data from Customer.  oft the OSP7 or OSP 10 Term ("Axon Records Subscription'")  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 7of44    AXON  Master Services and Purchasing Agreement for Customer  0. An' "Update" is a generally available release of Axon Records that Axon makes available from time to time. An' "Upgrade" includes () new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (i) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axoni introduces and markets as New or additional Axon products and: applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Customer purchases Axon Records as part. of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, d. Users of Axon Records at the Customer may upload files to entities (incidents, reports, cases, etc) in Axon Records with. no limit tot the number of files and amount of storage. Notwithstandingi thet foregoing, Axon may! limit usage should the Customer exceed an average rate of one-hundred (100) GB per user  distinct products or applications.  or (2) date Axon provisions Axon Records to Customer. per year of uploaded files. Axon will not bill for overages. agents, officers, volunteers, and directors), may not, or may not attempt to:  14. Axon Cloud Services Restrictions. Customer and Customer end users (including employees, contractors,  a. reverse engineer, disassemble, or decompile Axon. Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; b. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; access or use Axon Cloud. Services with the intent to gain unauthorized access, avoid incurring fees or d. use Axon Cloud Serves as a service bureau, or as part of an Customer infrastructure as a service; e.. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this access Axon Cloud Services to build a competitive device or service or copy any features, functions, or g. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Cloud Services; or h. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation oft third-party privacy rights; or malicious code. 15. Draft One Axon mayi impose usage restrictions if a single user generates more than one hundred (100) reports 16. After Termination. Axon will not delete Customer Content forr ninety (90) days following termination. Axon Cloud Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content. Customer will noti incur additional feesi ifc Customer downloads Customer Content from Axon. Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services. 17. Post-Termination Assistance. Axon will provide Customer with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Customer Content, including requests for Axon's data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external 18. U.S. Government Rights. If Customer is al U.S. Federal department or using Axon Cloud Services on behalf of 'aU.S. Federal department, Axon Cloud Services is provided as a "commercial item," commercial computer software," 'commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, Customer willi immediately discontinue use of Axon Cloud Services.  exceeding usage limits or quotas;  Agreement;  graphics of Axon Cloud Services;  per month fort two orr more consecutive months.  system.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 8of44    AXON  Master Services and Purchasing Agreement for Customer  19. Survival. Upon any termination of this Agreement, the following sections int this Appendix will survive: Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilties and Axon  Cloud Services Restrictions.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 9of44    AXON  Master Services and Purchasing Agreement for Customer  Axon Customer Experience Improvement Program Appendix  1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon's development oft technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. Tot this end, subject to the limitations on Axon as described below, Axon, where allowed byl law, may makel limited use of Customer Contenti from all ofits customers to provide, develop, improve, and support current andf future Axon products (collectively, "ACEIP Purposes"). However, at alli times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1and Tier 2. By default, Customer will be a participant in ACEIP Tier 1. If Customer does not want to participate in ACEIP Tier 1, Customer can revoke its consent at any time. If Customer wants to participate in Tier 2, as detailed below, Customer can check the ACEIP Tier 2 box below. If Customer does not want to participate in ACEIP Tier 2, Customer should leave box unchecked. At any time, Customer may revoke its consent to ACEIP Tier 1, Tier 2, or 2.1. When Axon uses Customer Content for the ACEIP Purposes, Axon will extract from Customer Content and may store separately copies of certain segments or elements of the Customer Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Customer Content sO that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). Fori illustrative purposes, some examples are described ini footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Customer from which ity was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Customer request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Customer may revoke the consent granted herein to Axon to access and use Customer Content for ACEIP Purposes. Within- 30 days of receiving the Customer's request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Customer. In addition, ifAxon uses Customer Content for theA ACEIP Purposes, upon request, Axon will make available to Customer al list oft the specific type of Customer Content being used to generate ACEIP Content, the purpose of such use, andt ther retention, privacy preserving extraction technique, andi relevant data protection. practices applicable to the Customer Content or ACEIP Content ("Use Case"). From time to time, Axon- may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Customer notice (by updating the list of Use Case at tps/Maaxoncomacep. and providing Customer with a mechanism to obtain notice of that update or another commercially reasonable method to Customer designated contact) ("New Use Case"). 2.2. Expiration of ACEIP Tier 1. Customer consent granted herein wille expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Customer's request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any. derivative works which may reasonably be capable of being associated with, or could reasonably be linked 3. ACEIP Tier2. In addition to ACEIP Tier 1,i if Customer wants to help furtheri improve Axon's services, Customer may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Customer 1Fore example; (a)v whene extracting specific text toi improve automatedi transcription capabilities, textt that could be usedt toc directlyi identify ap particular individual would noth be extracted, and extracted textv would be disassociated from identifying metadata ofa any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available. data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data toi improve. Automated! License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements oft the source video, such ast they vehicle, location, time, and thes surrounding environmentwould: alsol ber removed; (C)y whene extracting audio ofp potential acoustic events (such as glass breaking or. gun shots), very shorts segments (<1 second) ofa audio that only contains the likely acoustic  both Tiers. 2. ACEIP Tier1.  directly ori indirectly to, Customer.  events would! be extracted and all human utterances would! be removed..  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 10of44    AXON  Master Services and Purchasing Agreement for Customer  Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Techniquet to enable product development, improvement, and support that cannot be accomplished with aggregated, OCheckt this boxi if Customer wants tol helpi further improve. Axon's services by participating in ACEIP Tier 2in addition to Tier 1. Axon will not enroll Customer into ACEIP Tier 2 until Axon and Customer agree to terms in writing providing for  transformed, or de-identified data. such participation in ACEIP Tier 2.  -  511  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 11of44    AXON  Master Services and Purchasing Agreement for Customer  Professional Services Appendix  Ifany of the Professional Services specified below are included ont the Quote, this Appendix applies.  1. Utilization of Services. Customer must use professional services as outlined in the Quote and this Appendix within 2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on-site service and a professional services manager to work with. Customer to. assess Customer's deployment and determine which on-site services are. appropriate. If Customer requires more than four (4) consecutive on-site days, Customer must purchase additional days. Axon Full  six (6) months of thel Effective Date.  Service options include: System set up and configuration  Instructor-led setup of Axon' View on smartphones (if applicable) Configure categories and custom roles based on Customer need Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access Work with Customer to decide the ideal location. of Docks and set configurations on Dock Authenticate Dock with Axon Evidence using admin: credentials from Customer On-site assistance, not toi include physical mounting of docks Best practice implementation planning session on Axon's observations with other agencies practices for digital data management  Register cameras to Customer domain One on-site session included  Dock configuration  Provide considerations. for the establishment, of video policy and system operations best practices based Discuss the importance of entering metadata in the field for organization purposes and other best Provide referrals of other agencies using the Axon camera devices and Axon Evidence  Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions &r retention, and other specific settings for Axon Evidence. Axoni instructor training (Train the Trainer) training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training agencies  Step-by-step explanation and assistance for Customer's configuration. of security, roles & permissions; categories Training for Customer's in-house instructors who can support Customer's Axon camera and Axon Evidence Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting  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 categories & roles guide Post go-live review  Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and 3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer's deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Starter  options include:  System set up and configuration (Remote Support)  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 120f44    AXON  Master Services and Purchasing Agreement for Customer  Instructor-led setup of Axon' View on smartphones (ifa applicable) Configure categories & custom roles based on Customer need Troubleshoot ITi issues with Axon Evidence and Dock access  Dock configuration,  Work, with: Customer to decide the ideal location, of Dock: setup; ands set configurations on Dock Authenticate: Dock with Axon Evidence using' "Administrator" credentials from Customer.  Does not include physical mounting of docks Axon instructor training (Train the Trainer) training 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 categories & roles guide  Training for Customer's in-house instructors who can support Customer's Axon camera and Axon Evidence  Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and 4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter  Service Package, except one (1) day of on-site services. 5. CEW Services Packages. CEW Services Packages are detailed below:  System set up and configuration  Configure Axon Evidence categories & custom roles based on Customer need. Troubleshoot ITi issues with. Axon Evidençe. Register users and assign roles in Axoni Evidence. For the CEW Full Service Package: On-site assistance included For the CEW Starter Package: Virtual assistance included Manager will be assigned to Customer 4-6 weeks before rollout Best practice implementation planning session to include: on/ Axon's observations with other agencies  Dedicated Project Manager  Assignment of specificAxonr representative. for all aspects of planning ther rollout (Project Manager). Ideally, Project  Provide considerations for the establishment of CEW policy and system operations best practices based Discuss the importance ofe entering metadata and best practices for digital data management Provide referrals to other agencies using TASER CEWS and/ Axon Evidence For the CEW Full Service Package: On-site assistance included For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions  On-site sessions providing a step-by-step explanation and assistance for Customer's configuration of security,  roles & permissions, categories & retention, and other specific settings for Axon' Evidence  Axon Evidence Instructor training Axon Evidence training needs.  Provide training on the Axon Evidence to educate instructors who can support Customer's subsequent  For the CEW Full Service Package: Training for up to 3i individuals at Customer For the CEW Starter Package: Training for up to 1i individual at Customer  TASER CEW inspection and device assignment and assign them to a user on Axon Evidence.  Axon's on-site professional services team will perform functions check on all new TASER CEW Smart weapons  Post go-live review  Fort the CEW Full Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included.  6. Smart Weapon Transition Service. The Smart' Weapon Transition Service includes:  Archival of CEW Firing Logs  Axon's on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW  Title: Master Services and: Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 130f44    AXON Return of Old' Weapons  Master Services and Purchasing Agreement for Customer  Smart Weapons that Customer is replacing with newer Smart Weapon models. Axon's on-site professional service team wills ship all old weapons back to Axon's headquarters. Axon will provide Customer with a Certificate of Destruction 1-Day Device Specific Instructor Course.  *Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 7. VRServices Package. VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and ap professional services manager to work with Customer to assess Customer's deployment  and determine which Services are appropriate. The VR Service training options include:  System set upa and configuration (Remote Support) Instructor-led setup of Axon' VRI headset content Configure Customer settings based on Customer need Troubleshoot ITi issues with Axon' VRI headset Axoni instructor training (Train the Trainer) Classroom and practical training sessions basic operation, and best practices  Training for up tot five (5) Customer's in-house instructors who can support Customer's Axon VR CET and Step-by-step explanation and assistance for Customer's configuration of Axon' VR CET and SIM functionality, 8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer's deployment and determine which Services are appropriate. If Customer's requires morei than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon. Air, On-Site training  SIM training needs after Axon's has fulfilled its contracted on-site obligations  options include:  System set up and configuration (Remote Support) Instructor-led setup of Axon Air App (ASDS) Configure Customer settings based on Customer need Configure drone controller Troubleshoot ITi issues with Axon Evidence Axon instructor training (Train the Trainer) Classroom and practical training sessions functionality, basic operation, and best practices  Training for Customer's in-housei instructors who can support Customer's Axon Air and Axon Evidence Step-by-step explanation and assistance for Customer's configuration of Axon Respond+ livestreaming  training needs after Axon's has fulfilled its contracted on-site obligations  9. Axon Air, Virtual Training. Axon. Air, Virtual training includes all items in the Axon Air, On-Site Training Package, except the practical training session, with the Axon Instructor training for upi toi four hours virtually.  10. Signal Sidearm Installation Service.  a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one professional services manager and will provide train thet traineri instruction, with direct assistance oni the first ofe each unique hoister/mounting: type. Customer is responsible for providing a suitable work/training b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the 11. Out of Scope Services. Axon is only responsible to perform the protessional services described in the Quote and this Appendix. Any additional professional services are out of scope. The. Parties must document scope changes in awritten ands signed change order. Changes may require an equitable adjustment: in the charges or schedule. 12. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to. 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe.. Axon will not charge Customer travel: time by Axon  area.  basics ofi installation and device calibration.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 14of44    AXON  Master Services and Purchasing Agreement for Customer  personnel to Customer premises as workl hours.  13. Access Computer Systems to Perform Services. Customer authorizes Axon to access relevant Customer computers and' networks, solely for performing the Services. Axon will work to identify as soon as reasonably praçticable resources and information Axon expects to. use and will provide an initial- itemized list to Customer. Customer isi responsible for and assumes the risk ofa any problems, delays, losses, claims, ore expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied: by Customer. 14.. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation. will include all required environmental specifiçations for the professional services and/ Axon Devices to operate per the Axon Device User Documentation. Before. installation of Axon! Devices (whether performed by Customer orA Axon), Customer must prepare thel location(s) where Axon Devices are tol bei installed ("Installation Site") pert the environmental specifications int the Axon Device User Documentation. Following installation, Customer must maintain the Installation Site per the environmental specifications. If Axon modifies. Axon Device User Documentation for any Axon Devices under this Agreement, Axon willj provide the update 15. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Customer. Customer will sign the. Acceptance Form acknowledging completion. If Customer reasonably believes. Axon did not complete the professional services in substantial conformance with this Agreement, Customer must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon. will address thei issues and. re-present the Acceptance Form for signature. IfAxon does not receive the signed Acceptance Form or written notification ofr reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Customer to have acceptedt the professional services. 16. Customer Network. For work performed by Axoni transiting or making use of Customer's network, Customer is solely responsible for maintenance and functionality oft the, network.. In no event will Axon be liable for loss, damage, or  to Customer when Axon generally releasesi it  corruption of Customer's network from any cause.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 15.of44    AXON  Master Services and Purchasing Agreement for Customer  Technology Assurance Plan Appendix  IfT Technology. Assurance Plan ("TAP") or a bundle including TAP is oni the Quote, this appendix applies. 1. TAPWarranty. The TAPI warranty is ane extended warranty thats starts at thee end oft the one- (1-)) year hardwarel limited 2. Officer Safety Plan. If Customer purchasès an Officer Safety Plan ("OSP"), Customer will receive the deliverables detailed int the Quote. Customer must accept delivery oft the TASER CEWand accessories as soon as available from 3. OSP7 or OSP 10 Term. OSP7 or OSP 10 begins on the date specified in the Quote ("OSP Term"). 4. TAP BWC Upgrade. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer ar new Axon body-worn camera ("BWC Upgrade") as scheduled int the Quote. Ifc Customer purchased TAP, Axon will provide al BWC Upgrade that is the same or like Axon Device, at/ Axon's option. Axon makes no guarantee 5. TAP Dock Upgrade. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Dock as scheduled in the Quote ("Dock Upgrade"). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon dock bay configuration unless a new Axon dock core is required for BWC compatibility. If Customer originally purchased a single-bay Axon dock, thel Dock Upgrade willl be a single-bay Axon dock model thati is the same or like Axon Device, atA Axon's option. If Customer originally purchased a multi-bay Axon dock, the. Dock Upgrade willl be a multi-bay Axon 6. Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Customer unless thel Parties agree in writing otherwise at least ninety (90) days in advance., Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote sixty. (60) days before the end of the Subscription Term 7. Upgrade Change. If Customer wants to upgrade Axon Device models from the current. Axon Device to an upgraded Axon! Device, Customer must pay the price difference between, the MSRP for the current Axon! Device and the MSRP fort the upgraded Axon Device. Ift ther model Customer desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide ar refund. Thel MSRPi ist thel MSRP ine effect att thet time oft the upgrade. 8. Return of Original Axon Device. Within thirty (30) days ofr receivinga al BWC or Dock Upgrade, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed. Axon Devices. If Customer does not return or destroy the Axon Devices, 9. Termination. If Customer's payment for TAP, OSP, or Axon Evidence is more than thirty. (30) days past due, Axon 9.1. TAP and OSP coverage terminate as of the date of termination and no refunds willl be given.  warranty. Axon.  the BWC Upgrade will utilize the same accessories or Axon dock.  dock thati is the same or like Axon Device, at Axon's option.  without prior confirmation from Customer.  Axon will deactivate the serial numbers for the Axon Devices received by Customer. may terminate TAP or OSP. Once TAP or OSP terminates for any reason: 9.2. Axon willr not and has no obligation to provide the Upgrade Models.  9.3. Customer must make any missed payments duet to the termination before Customer may purchase any future  TAP or OSP.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 16of44    AXON  Master Services and Purchasing Agreement for Customer  TASER Device Appendix  This TASER Device Appendix applies to Customer's TASER 7/10, OSP 7/10, OSP Plus, or OSP 7/10 Plus Premium 1. Duty Cartridge Replenishment Plan. Ift the Quote includes "Duty Cartridge Replenishment Plan", Customer must purchase thep plan for each CEWuser.ACEW: useri includes officers that use a CEWi in thel line of duty andt those that only use a CEW for training. Customer may notr resell cartridges received.. Axon will only replace cartridges used in 2. Training. If the Quote includes a TASER On Demand Certification subscription, Customer will have on-demand access to TASER Instructor and TASER Master Instructor courses only for the duration of the TASER Subscription Term. Axon will issue a maximum of ten (10) TASER Instructor vouchers and ten (10) TASER Master, Instructor vouchers fore every thousand TASER Subscriptions purchased. Customer shall utilize vouchers to register for TASER courses at their discretion however Customer may incur at feet for cancellations less than 10 business days prior toa course date or failurei to appear to a registered course. The voucher has no cash value. Customer cannot exchange. voucher for any other device or service. Any unused vouchers att thee end oft the Term willb be forfeited. A voucher does 3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty willl bet for af five- (5-)yeart term, whichi includes the hardware manuacturerswamanty plus thef four- (4-), year extended 4. Trade-in. Ift the Quote contains a discount on CEW-related linei items and that discount is contingent upon thet trade- inc ofh hardware, Customer mustr return used hardware and accessories associated with the discount ("Trade-In Units") toAxon within thel below prescribed timeline. Customer musts ship! batteries via ground shipping. Axon will pays shipping costs of the return. IfA Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Customer the value of thet trade-in credit. Customer may not destroy Trade-In Units and receive at trade-in credit.  purchase fromAxon,i if applicable.  the line ofd duty.  noti include any travel or other expenses that might be incurred related to attending a course.,  term.  Customer Size Less than 100 officers. 60 days 100 to 499 officers 90 days 500+ officers  Days to Return from Start Date of TASER 10 Subscription  180 days  5. TASERD DeviceSubscription Term. The TASER Device Subscription Termi for a standalone TASER Device purchase begins on shipment of the TASER. Device. The TASER Device Subscription Term for OSP 7/10 begins on the OSP 6. Access Rights. Upon Axon granting Customer a TASER Device Axon Evidence subscription, Customer may access and use Axon Evidence for the storage and management of data from TASER Devices devices during the. TASER Device Subscription Term. Customer may not exceed the number of end users the Quote specifies. 7. Customer Warranty. If Customer is located in the US, Customer warrants and acknowledges that TASER 10is classified. as af firearm andi is being acquired for official Customer use pursuant to al law enforcement Customer 8. Purchase Order. To comply with applicable laws andi regulations, Customer must provide aj purchase order to 9. Apollo Grant (US only). If Customer has received an Apollo Grant from Axon, Customer must pay alli fees in the 10. Termination. Ifp payment for TASER Device is more than thirty (30) days past due, Axon may terminate Customer's TASER Device plan by notifying Customer. Upon termination for any reason, then as oft the date ofi termination: 10.1.TASER Device extended warranties and access to Training Content willt terminate. No refunds will be given. 10.2.Axon will invoice Customer the remaining MSRP for TASER Devices received before. termination. Ifterminating for non-appropniations, Axon will not invoice Customer if Customer returns the TASER Device, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of  7/10 start date.  transfer under the Gun Control. Act of 1968. Axon prior to shipment of TASER. 10.  Quote prior to upgrading to any new TASER Device offered. by Axon.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 17of44    AXON termination.  Master Services and Purchasing Agreement for Customer  10.3.Customer will be responsible for payment of any missed payments due tot thet termination before being allowed  top purchase any future TASER Device plan.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 18of44    AXON  Master Services and Purchasing Agreement for Customer  Axon Auto-Tagging Appendix  lfAuto-Tagging is included on the Quote, this Appendix applies.  1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Customer'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, andI location-based on data maintained in Customer's 2. Support. Fort thirty (30) days after completing Auto-Tagging Services, Axony will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due. to a change in Axon Evidence, if Customer maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required 3. Changes. Axoni is only responsible top perform the Services int this Appendix. Any additional Services are out ofscope. The Parties must document scope changes in av written and signed change order. Changes may require an equitable 4. Customer Responsibilities. Axon's performance of Auto-Tagging Services requires Customer to: 4.1. Make available relevant. systems, including Customer's current CAD or RMS, for assessment by Axon 4.2. Make required. modifications, upgrades or alterations to Customer's hardware, facilities, systems and networks 4.3. Provide access to the premises where. Axon is performing, Auto-Tagging Services, subject to Customer safety and security restrictions, and allow Axon to enter and exit the. premises with laptops and materials needed to 4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration)  CAD or RMS.  because Customer changes its CAD or RMS. adjustment in fees or schedule.  (including remote access ifp possible);  related to Axon's performance of Auto-Tagging Services;  perform Auto-Tagging Services;  necessary for Axon to provide Auto-Tagging Services; 4.5. Promptly install and implement any software updates provided by Axon; 4.6. Ensure that all appropriate data backups are performed; 4.7. Provide assistance, participation, and approvals int testing Auto-Tagging Services; 4.8. Provide Axon with remote access to Customer's Axon Evidence account' when required;  4.9. Notify Axon. of any network or machine maintenance that may impact the performance of the module at 4.10. Ensure reasonable availability of knowledgeable staff and personnelt to provide timely, accurate, complete, and 5. Access to Systems. Customer authorizes Axon to access Customer's relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify the resources and information Axon expects to use and will provide ani initial list to Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness,  Customer; and  up-to-date documentation and information to Axon.  and consistency of all data, materials, and information supplied by Customer.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 19of44    AXON  Master Services and Purchasing Agreement for Customer  Axon Fleet Appendix  IfAxon Fleet isi included oni the Quote, this Appendix applies.  1. Customer Responsibilities.  1.1. Customer must ensure its infrastructure and vehicles adhere to the minimum requirements to. operate Axon Fleet 2 Axon Fleet 3 or at future Fleet iteration (collectively, "Axon Fleet") as established by Axon during the qualifier call and on-site assessment at Customer and in any technical qualifying questions. If Customer's 1.2.. Customer is responsible for providing as suitable work areai for Axon or Axon third-party providers toi install Axon Fleét systems into Customer vehicles. Customer is responsible for making available all vehicles for. which installation services were purchased, during the agreed upon onsite installation dates, Failure to make vehicles 2. Cradlepoint. IfCustomer purchases Cradlepoint Enterprise Cloud Manager, Customerwill comply with Cradlepoint's end user license agreement. The term oft the Cradlepoint license: may differ from the Axon Evidence Subscription. If 3. Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if 4.1. License Grant. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices fort the number ofl licenses purchased. The WOS term begins upon the start. 4.2. Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to dos so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in' WOS; () resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h): remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and 4.3. Updates. If. Customer purchases WOS maintenance, Axon will make updates and error: corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon. Customer is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term. 4.4. WOS Support. Upon request by Axon, Customer will provide Axon with access to Customer's store and 5.1. License Grant. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license, to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".). "Use" means storing, loading, installing, or executing Axon' Vehicle Software solely for data communication with Axon! Devices. The Axon' Vehicle Software 5.2. Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon' Vehicle Software, apply any process to derive the source code of Axon' Vehicle Software, or allow others to do so; (c) access or use Axon' Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon' Vehicle Software in whole or part; (e) use trade secret information contained in Axon' Vehiçle Software; () resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon' Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within  representations are inaccurate, the Quote is subject to change.  available may require an equitable adjustment inf fees or schedule. Customer requires Cradlepoint support, Customer will contact Cradlepoint directly. such failure results fromi installation not performed by, or as directed by Axon.  4. Wireless Offload Server.  of the Axon Evidence Subscription.  trademark notices) of Axon or Axon's licensors on or within. WOS.  forward servers solely for troubleshooting and maintenance.  5. Axon' Vehicle Software.  term begins upon the start of the Axon Evidence Subscription.  Axon' Vehicle Software.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 20of44    AXON  Master Services and Purchasing Agreement for Customer  6. Acceptance Checklist. IfAxon provides services to Customer pursuant to any. statement of worki in connection with Axon Fleet, within seven (7) days of the date on which Customer retrieves Customer's vehicle(s) from the Axon installer, said vehicle having been installed and configured with tested and fully. and properly operational in-car hardware and software identified above, Customer will receive a Professional Services Acceptance Checklist to 7. Axon Fleet Upgrade. Ifc Customer has no outstanding payment obligations and has purchasedi the' "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Customer witht thes same orl like model of Fleet hardware. ("Axon Fleet 7.1. If Customer would like to change models for the Axon Fleet Upgrade, Customer must pay the difference between thel MSRP fort the offered/ Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Customer is responsible for the removal of previously installed 7.2. Within thirty (30) days of receiving the Axon Fleet Upgrade, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Customer does not destroy or return the Axon Devices to Axon; Axon will 8. Axon Fleet Termination. Axoni mayt terminate Customer's Fleet subscription for non-payment. Upon anyt termination:  submit to Axon indicating acceptance or denial of said deliverables.  Upgrade") as scheduled ont the Quote.  hardware andi installation oft the Axon Fleet Upgrade,  deactivate the serial numbers for the Axon Devices received by Customer. 8.1. Axon Fléet subscription coverage terminates, and no refunds willl be given. 8.2. Axon will not and has no obligation to provide the Axon Fleet Upgrade.  8.3. Customer will be responsible for payment of any missed payments due to thet termination before being allowed  to purchase any future Fleet TAP.  -  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 210f44    AXON  Master Services and Purchasing Agreement for Customer  Axon Respond Appendix  This Axon Respond Appendix applies to both Axon Respond and/ Axon Respond Plus, ife either is included ont the Quote. 1. Axon Respond Subscription Term. If Customer 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! Respondt to Customer. If Customer purchases Axon Respond as a standalone, the Axon Respond subscription begins thel later oft the (1) date Axon provisions Axon Respondt to Customer, or (2) first day of the month following the Effective Date. The Axon Respond subscription term wille end upon the completion of the/ Axon! Evidence Subscription 2. Scope of Axon Respond. The scope of Axon Respond is to assist Customer with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Customer uses Axon Respond outside this scope, Axon mayi initiate good-faith discussions with Customer on. upgrading Customer's. Axon 3. Axon Body LTEI Requirements. Axon Respondi is only available and usable witha anl LTE enabled body-worn camera. Axoni is not liablei if Customer utilclzes the LTE device outside oft the coverage area ori ifthe LTE carrier is unavailable. LTE coverage is only available int the United States, including any U.S. territories. Axon may utilize a carrier ofA Axon's choice to provide LTE: service.. Axon may change LTE carriers during the Term without Customer's consent. 4. Axon FleetLTE Requirements. Axon! Respondi is only available and usable witha a Fleet system configured with LTE modem and service. Customer is responsible for providing LTE service for the modem. Coverage and availability of 5. Axon Respond Service Limitations. Customer acknowledges that LTE service is made available only within the operating range oft 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 ina a service area, and other causes reasonably outside oft the carrier's control such asi 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 thep proper. or improved operation of service. 5.1. With regard to Axon Body, 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. Customer expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider ori its affiliates or contractors and Customer is not ai third-party beneficiary of any agreement between. Axon and the underlying carrier. 6. Termination. Upon termination of this Agreement, or if Customer stops paying for Axon Respond or bundles that include. Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service.  associated with Axon Respond.  Respond tol better meet Customer's needs.  LTE service is subject to Customer's LTE carrier.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 220 of44    AXON  Master Services and Purchasing Agreement for Customer  Add-on Services Appendix  This Appendix applies ifAxon Community Request, Axon Redaction. Assistant, and/or Axon Performance are included on 1. Subscription Term. If Customer purchases Axon Community Request, Axon. Redaction Assistant, or Axon Performance as part of OSP7 or OSP 10, the subscription begins on the later of the (1) start date oft the OSP7or OSP1 10 Term, or (2) date Axon provisions Axon Community RequestAxon RedactionAssistant, orA Axon Performance 1.1. If Customer purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Community Request, Axon Redaction Assistant, or Axon Performance to Customer, or (2) first day of the month following the Effective 1.2. Thes subscriptiont term wille end upont the completion oft the Axon Evidence Subscription associated with the add- 2. Axon Community Request Storage. For Axon Community Request, Customer may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Customer's Axon Evidence instance. The, post- termination provisions outlinedi 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 Customer, Axon will  the Quote..  to Customer.  Date., on.  need to store call for service data from Customer's CAD or RMS.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 230 of44    AXON  Master Services and Purchasing Agreement for Customer  Axon Auto-Transcribe Appendix  This Appendix applies ifAxon Auto-Transcribe isi included ont the Quote.  1. Subscription Term. If Customer purchases Axon Auto-Transcribe as part of a bundle. or Axon. Cloud Services subscription, the subscription begins on thel later oft the (1) start date oft the bundle or Axon Cloud Services license term, or (2) date Axon provisions Axon Auto-Transcribe to Customer. If Customer purchases. Axon Auto-Transcribe minutes as as standalone, the subscription begins on the date Axon provisions. Axon Auto-Transcribe to Customer. 1.1. IfCustomer cancels Auto-Transcribe services, any amounts owed by the Parties will be! based on the amount ofti time passed undert the annual subscription, rather than ont the number of minutes used, regardless of usage. 2. Auto-Transcribe A-La-Cartel Minutes. Upon Axon granting Customer as set number ofi minutes, Customer may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Customer will not have the ability to roll over unused minutes toi future Auto-Transcribe terms. Axon may charge Customer additional fees for exceeding the number of purchased minutes. Axon Auto-Transcribe minutes expire one year after being provisioned to 3. Axon Unlimited Transcribe. Upon Axon granting Customer an Unlimited Transcribe subscription to Axon Auto- Transcribe, Customer may utilize Axon Auto-Transcribe with nol limit on the number of minutes. Unlimited Transcribe includes automatic transcription of all Axon BWC and Axon Capture footage. With regard to Axon Interview Room, Axon Fleet, Axon Citizen, or third-party transcription, transcription must be requested on demand. Notwithstanding. the foregoing, Axon may limit usage after 5,000 minutes per user per month for multiple months in a row. Axon will  Customer by Axon.  not bill for overages.  Warranty. Axon disclaims all warranties, express. or implied, for Axon Auto-Transcribe.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 24 of44    AXON  Master Services and Purchasing Agreement for Customer  Axon Virtual Reality Content Terms of Use Appendix  IfVirtual Reality is included ont 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 byA Axont to Customer related to virtual reality (collectively, "Virtual Reality Media"). 2. Headsets. Customer may! purchase additional virtual reality headsets from Axon. Ini the event Customer decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Customer must purchase those 3. License Restrictions. All licenses will immediately terminate if Customer does. not comply with any term of this Agreement. IfCustomer utilizes more users than stated int this/ Agreement, Customer must purchase additional Virtual Reality Media licenses from Axon. Customer may not use Virtual Reality Media for any purpose other than as 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 3.3. copy Virtual Reality Media in whole or part, except as expressly permitted int this Agreement;  headsets from Axon.  expressly permitted by this Agreement. Customer may not:  code of Virtual Reality Media, or allow others to do the same; 3.4. use trade secret information containedi in' Virtual Reality. Media; 3.5. resell, rent, loan or sublicense Virtual Reality Media;  3.6. access' Virtual Reality Mediai tol build a competitive deviçe ors service or copy anyf features, functions, or graphics 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 ofVirtual Reality Media. 4. Privacy. Customer's use of the Virtual Reality Media is subject to the Axon' Virtual Reality Privacy Policy, a current 5. Termination. Axon may terminate Customer's license immediately for Customer's failure to comply with any oft the.  of Virtual Reality Media; or  version of which is available at ntps/waxoncomeronvpnacpolct  terms int this Agreement.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 25 of44    AXON  Master Services and Purchasing Agreement for Customer  Axon Evidence Local Software Appendix  This Appendix applies ifA Axon Evidence Local isi included ont the Quote.  1. License. Axon owns alle executable instructions, images, icons, sound, and texti in Axon Evidence Local. All rights are reserved to Axon. Axon grants ar non-exclusive, royalty-free, worldwide right and license to use Axon Evidence Local. "Use" means storing, loading, installing, or executing Axon Evidence Local exclusively for data communication with an Axon Device. Customer may use Axon Evidence Local in a networked environment on computers other than the computer it installs Axon Evidence Local on, so long as each execution of Axon Evidence Local is' for data communication with an Axon Device. Customer may make copies of Axon Evidence Local for archival purposes only. Axons shall retain all copyright, trademark, and proprietary notices inA Axon Evidencel Local on all copies or adaptations. 2. Term. The Quote will detail the duration of the Axon Evidence Local license, as well as any maintenance. The term 3. License Restrictions. All licenses will immediately terminate if Customer does not comply. with any term of this Agreement. Customer may not use. Axon Evidence Local for any purpose other than as expressly permitted by this 3.1. modify, tamper with, repair, or otherwise create derivative works of Axon. Evidence Local; 3.2. reverse engineer, disassemble, or decompile Axon Evidence Local or apply any process to derive the source. 3.3. access or use Axon. Evidence Local to avoid incurring fees or exceeding usage limits or quotas; 3.4. copy Axon! Evidence Local iny whole orp part, except as expressly permitted int this Agreement;  will begin upon. installation ofA Axon Evidence Local.  Agreement. Customer may not:  code of Axon Evidence Local, or allow others to do the same;  3.5. use: trade secret information contained in Axon Evidence Local; 3.6. resell, rent, loan or sublicense Axon Evidence Local; graphics ofA Axon Evidence. Local; or  3.7. access Axon Evidence Local to build a competitive device or service or copy any, features, functions, or 3.8. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within Axon Evidence Local or any copies of Axon Evidence Local. 4. Support. Axon may make available updates and error corrections ("Updates") to Axon Evidence Local. Axon will provide Updates electronically via the Internet or media as determined by Axon. Customer is responsible for establishing and maintaining adequate access to the Internet to receive Updates. Customer is responsible for maintaining the computer equipment necessary to use Axon Evidence Local. Axon may provide technical support of a prior releaselversion of Axon Evidence Local for six (6) months from when Axon made the subsequent 5. Termination. Axon may terminate Customer's license immediately for Customer's failure to comply with any of the terms ini this Agreement. Upont termination, Axon may disable Customer's right to login to Axon Evidence Local.  release/version available.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 26 of44    *  AXON  Master Services and Purchasing Agreement for Customer  Axon Application Programming Interface Appendix  This Appendix applies ifA Axon's API Services or as subscription to Axon Cloud Services isi included ont the Quote. 1.1. "APIClient" means the software thata acts as thei interface between Customer's computer andi thes server, which 1.2. "API Interface" means software implemented by Customer to configure Customer's independent. API Client 1.3. "Axon Evidence Partner. API,A API or Axon API" (collectively APIS Service") means/ Axon's API which provides ap programmatic means to access data in Customer's Axon Evidence account or integrate Customer's Axon 1.4. "Use" means any operation on Customer's data enabled by the supported API functionality.  1. Definitions.  is already developed or to be developed by Customer.  Software to operate in conjunction with the API Service for Customer's authorized Use.  Evidence account with other systems.  2. Purpose and License.  2.1. Customer may use API Service and data made available through. API Service, in connection with an API Client developed by Customer. Axon may monitor Customer's use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Customer agrees to noti interfere with such monitoring or obscure from Axon Customer's use of API Service. Customer will not use API Service for 2.2. Axon grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely. for Customer's Usei in connection with Customer'sAPI Client. 2.3. Axon reserves the right to set limitations on Customer's use oft the API Service, such as a quota on operations, to ensure stability and availability of Axon'sAPI.Axon will use reasonable efforts to accommodate use beyond 3. Configuration. Customer willy worki independently to configure Customer's, API Client with API Service. for Customer's applicable Use. Customer will be required to provide certain. information (such asi identification or contact details). as part of the registration. Registration information provided to Axon must be accurate. Customer will. inform Axon promptly of any updates. Upon Customer's registration, Axon will provide documentation outlining API Service  commercial use.  the designated limits.  information.  Customer Responsibilities. When using API Service, Customer and its end users may not: 4.1. use. API Service in any way other than as expressly permitted under this Agreement; 4.2. use in any way that results in, or could result in, any security breach to Axon; items ofa destructive nature to Axon Devices and Services;  4.3. perform an action with thei intent of introducing any viruses, worms, defect, Trojan horses, malware, or any 4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks 4.5. reverse engineer, decompile, disassemble, ort translate or attempt to extract the source code from API Service 4.6. create an API Interfacei thati functions substantially the same as API Service and offer itf for use byt third parties; 4.7. provide use ofA API Service: on a service bureau, rental or managed services basis or permit other individuals 4.8. frame or mirror API Service on any other server, or wireless or Internet-Dased device; 4.9. make available to at third-party, any token, key, password or other login credentials to API Service; 4.10. take any action ori inaction resulting ini illegal, unauthorized or improper purposes; or  providing API Service; or any related software;  or entities to create links to API Service;  4.11. disclose. Axon's API manual. considered. Axon's. API Content, including:  5. API Content. All content related to API Service, other than Customer Content or Customer's API Client content, is  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 27 of44    AXON  Master Services and Purchasing Agreement for Customer  5.1. the design, structure and naming of API Service fields in all responses and requests;  5.2. the resources available within API Service for which Customer takes actions on, such as evidence, cases,  users, or reports;  5.3. the structure of and relationship of API Service resources; and 5.4. the design of API Service, in any part or as a whole.  6. Prohibitions onAPIContent Neither Customer nor its end users willu use API content returned from the API Interface 6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer 6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or 6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark 7. APIU Updates. Axon may update or modify the API Service fromt time tot time ("APIL Update"). Customeri is required to implement and use the most current version ofAPI Service andi to make any applicable changes to Customer's API Client required as a result ofs such API Update. API Updates may adversely affect how Customer's/ API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Customer to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release  to:  than permitted by the cache header; sublicense to any third-party; 6.3. misrepresent the source or ownership; or  notices).  ofa an API Update for all depreciated. API Service versions.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 280 of44    AXON  Master Services and Purchasing Agreement for Customer  Advanced User Management Appendix  This Appendix applies ifAxon Advanced User Management is included. oni the Quote.  1. Scope. Advanced User Management: allows Customer to (a) utilize bulk user creation and management, (b) automate user creation and management through System for Cross-domain Identity Management ("SCIM"), and (c) automate. 2. Advanced User Management Configuration. Customer will worki independently to configure Customer's. Advanced User Management for Customer's applicable Use. Upon request, Axon will provide general guidance to Customer,  group creation and management through SCIM.  including documentation that details the setup and configuration process.  17.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 29 of4 44    AXON  Master Services and Purchasing Agreement for Customer  FUSUS APPENDIX  Access. Upon Axon granting Customer a subscription to FUSUS cloud services in the Quote, Customer may access and use FususONE Real Time Interoperability Solution services to for the purpose of viewing and managing Customer Content. Some Customer content contained in Axon's Evidence.com may not! be accessible  ort transferable to the FUSUS cloud services.  2. Product Limits. The following limitations apply to the below products:  Lite Basic Pro 150 150 0 150 2TB  Enterprise Enterprise Plus 1500 1500 10TB  Total Number of Managed End Points Max Number of Video Streams Connected Indefinite Cloud Storage  500 500 5TB  4500 4500 30TB  Overages may result in additional fees or ther need to upgrade products.  3. Disclaimer. Customer is responsible for use of any internet access devices and/or all third-party hardware, software, services, telecommunication: services (including Internet connectivity), or other items used by. Customer to access the service (Third-Party Components"): are the sole and exclusive responsibility of Customer, and Axon has no responsibility for such Third-party Components, FUSUS cloud services, or Customer relationships with sucht third parties. Customer agrees to ata alli times comply witht the lawful terms and conditions of agreements with such third parties. Axon does not represent or warrant that the FUSUS cloud services and the Customer Content are compatible with any specific third-party hardware ors software or any other Third-Party Components. Customer is responsible for providing and maintaining an operating environment as reasonably necessary to accommodate 4. Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the context off facilitating communication of data with Customer through their use of FUSUS cloud services FUSUS app (iOS orA Android interface), complying with legal requirements, monitoring the Customer's use of FUSUS systems, and undertaking data analytics. Customer Content savedi in Axon Cloud Services is thes sole property of Customer and may not be distributed by Axon to any third parties outside oft the Customer's organization without the Customer's  and access the FUSUS cloud services.  expressed written consent.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 30of44    AXON  Master Services and Purchasing Agreement for Customer  Axon Channel Services Appendix  This Appendix applies if Customer purchases Axon Channel Service, as set forth ont the Quote.  1. Definitions.  1.1. "Axon Digital Evidence Management System" means. Axon Evidence or Axon Evidence Local, as specified 1.2. "Active Channe!" means a third-party system. that. is continuously communicating with an Axon. Digital 1.3.. 'Inactive Channel" means a third-party system that will have a one-time communication to an Axon Digital 2. Scope. Customer currently has a third-party system or data repository from which Customer desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Customer's third-party data into an Axon Digital Evidence Management System or thet transfer of Customer data out of an Axon Digital Evidencel Management System as defined in the Channel Services Statement of Work ("Channel Services SOW"). Channel Services. will not delete any Customer Content. Customer is responsible for verifying all necessary data is migrated correctly and 3. Changes. Axoni is only responsible to perform the Services described int this Appendix and Channel Services SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change 4. Purpose and Use. Customer is responsible for verifying Customer has the right to share, data from and provide access to third-party system asi itr relates to the Services described int this Appendix andt the Channel Services SOW. ForA Active Channels, Customer is responsible for any changes to at third-party system that may affect thei functionality of the channel service. Any additional work required for the continuation oft the Service may require additional fees: An Axon Field Engineer may require access to Customer's network and systems to perform the Services described int the Channel Services SOW. Customer isi responsible fori facilitating this access per all laws and policies applicable 5. Project Management. Axon will assign a Project Manager to work closely with Customer's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on 6. Warranty. Axon warrants that it will perform the Channel Services in as good and workmanlike manner. 7. Monitoring. Axon may monitor Customer'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. Customer agrees not toi interfere with such monitoring or obscure from Axon Customer's use of channel services. 8. Customer's Responsibilities. Axon's successful performance oft the Channel Services requires Customer: 8.1. Make available its relevant systems for assessment by Axon (including. making these systems available to 8.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Customer (including providing sécurity passes or other. necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Customer premises with laptop personal computers and any other materials needed to perform the Channel 8.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network 8.5. Provide Axon with remote access tot the Customer's network and third-party systems when required for Axon 8.6. Notify Axon of any network or machine maintenance that mayi impact thej performance oft the Channel Services; 8.7. Ensure ther reasonable availability by phone ore email of knowledgeable staff, personnel, system administrators,  int the attached Channel Services Statement ofV Work. Evidence Management System. Evidence Management System.  retained per Customer policy.  order. Changes may require an equitable adjustment int the charges or schedule.  to Customer. time and budget.  Axon via remote access);  Services);  configuration) for Axon to provide the Channel Services; 8.4. Ensure all appropriate data backups are performed; to perform the Channel Services;  and  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 31 of44    AXON  Master Services and Purchasing Agreement for Customer  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).  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 320 of44    AXON  Master Services and Purchasing Agreement for Customer  VIEVU Data Migration Appendix  This Appendix applies if Customer purchases Migration services, as setf forth on the Quote.  1. Scope. Customer currently has legacy data in the. VIEVU solution from which Customer desires to move to Axon Evidence. Axon will work with Customer to copy legacy data from the VIEVU solution into Axon Evidence ("Migration'"). Before Migration, Customer and/ Axon will work together to develop a Statement of Work ("Migration SOW") to detail all deliverables andr responsibilities. The Migration will require the availability of Customer resources. Such resources will be identified in the SOW. On-site support during Migration is not required. Upon Customer's request, Axon will provide on-site support for an additional fee. Any request for on-site support will need to be pre- 1.1. As small amount of unexposed data related to system information will not be migrated from the VIEVU solution to Axon Evidence. Upon request, some of this data can be manually exported before Migration and provided 2. Changes. Axon is only. responsible to perform the Services described in this Appendix and Migration SOW. Any additional services are out of scope. Thel Parties must document scope changes in ay written and signed change order. 3. Project Management. Axon will assign a Project Manager to work çlosely with Customer's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on 4. Downtime. There may be downtime during the Migration. The duration of the downtime will depend on the amount of data that Customer is migrating. Axon will work with Customer to minimize any downtime. Any VIEVU mobile 5. Functionality Changes. Due to device differences between the VIEVU solution. and the Axon's Axon Evidence solution, there may be functionality gaps that will not allow for all migrated data to be displayed the same wayi int the 6. Acceptance. Once the Migration is complete, Axon will notify Customer and provide an acceptance form. Customer is responsible for verifying that the scope of the. project has been completed and all necessary data is migrated correctly andi retained per Customer policy. Customer willl have ninety (90) days to provide Axon acceptance that the 6.1. Ini the event Customer does nota accept thel Migration, Customer agrees tor notify Axon within a reasonable time. Customer also agrees to allow Axon ar reasonable time to resolve any issue. Ini the event Customer does not provide Axon with a written rejection oft thel Migration during these ninety (90) days, Customer may! be charged for additional monthly storage costs. After Customer provides acceptance of the Migration, Axon will delete all 7. Post-Migration. After Migration, the VIEVU solution may not be supported and updates may not be provided.. Axon may end ofl life the VIEVU solution in the future. If Customer elects to maintain data within the VIEVU solution, Axon will provide Customer ninety (90). days' notice before ending support for the VIEVU solution. 8. Warranty. Axon warrants thati it will perform thel Migration in a good and workmanlike manner.. 9. Monitoring. Axon may monitor Customer's use of Migration to ensure quality, improve. Axon Devices and Services; prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Customer agrees not toi interfere with such monitoring or obscure Customer's use of! Migration from Axon.  scheduled andi is subject to Axon's resource: availability.  to Customer. The Migration SOW will provide further detail. Changes may require an equitable adjustment. int the charges or schedule.  time and budget.  application will need to be disabled upon Migration.  useri interface after Migration.  Migration was successful, or Axon will deem the Migration accepted.  data from the' VIEVU solution ninety (90) days after the! Migration.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 330 of44    AXON  Master Services and Purchasing Agreement for Customer  10.  Axon Technical Account Manager. Appendix  This Appendix applies if Axon Support Engineer services are included on the Quote. services, as outlinedi in the Quote, when the. TAM commences work on-site at Customer.  1. Axon Technical Account Manager Payment. Axon will invoice for Axon Technical Account Manager ("TAM") 2.1. AFull-Time TAM will work on-site four (4) days per week, unless an alternate schedule or reporting locationi is 2.2. Customer's. Axon sales representative and Axon's Customer Success team will work with Customer to define its support needs and ensure thel Full-Time TAMI has skills to align with those needs. There may be upi to a six- (6-) month waiting period before thel Full-Time TAM can work on-site, depending upon Customer's needs and 2.3. The purchase of Full-Time TAM Services includes two (2) complimentary Axon Accelerate tickets per year of the Agreement, so long as the TAM has started work at Customer, and Customer is current on all payments  2. Full-Time TAM Scope of Services.  mutually agreed upon by Axon and Customer.  availability of al Full-Time TAM. fort thel Full-Time TAM Service. 2.4. The Full-Time TAM: Service options are listed below: Ongoing System Set-up and configuration Assisting with assigning cameras and registering docks Maintaining Customer's. Axon Evidence account Connecting Customer to' "Early Access" programs forr new devices  Account Maintenance the Axon program Data Analysis Direct Support Devices  Conducting on-site training on: new features and devices for Customer leadership team(s)  Thoroughly documenting issues and. workflows and suggesting new workflows to improve the, effectiveness of  Conducting weekly meetings to cover current issues: and program status  Providing on-demand. Axon usage data toi identify trends andi insights fori improving daily workflows Comparing Customer's Axon usage and trends to peers to establish best practices Proactively monitoring the health of Axon equipment and coordinating returns when needed  Providing on-site, Tier 1 and" Tier 2 (as defined in. Axon's Service Level Agreement) technical support for Axon  Proactively monitoring' thel health of Axon equipment Creating; and monitoring RMAS on-site Providing Axon app support Customer Advocacy 3. Regional TAM Scope of Services  Monitoring andt testing newf firmware and workflows before they arer released to Customer'sp production environment Coordinating bi-annual voice of customer meetings with Axon's Device Management team.  Recording and tracking Customer feature requests and major bugs  3.1. AF Regional TAM will work on-site for three (3) consecutive days per quarter. Customer must schedulet the on- site days at least two (2) weeks in advance. The Regional TAM will also be available by phone and email 3.2. There may be up to a six- (6-) month waiting period before Axon assigns a Regional TAM to Customer, 3.3. The purchase of Regional TAM: Services includes two (2) complimentary, Axon Accelerate tickets per year of the Agreement, so long as the TAMI has started work at Customer and Customer is current on all payments  during regular business hours up to eight (8) hours per week. depending upon the availability ofal Regional TAM.  for the Regional TAM Service.  3.4. The Regional TAM service options are listed below:  Title: Master Services and, Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 34of44    AXON Account! Maintenance the Axon program Direct Support Devices Data Analysis Customer Advocacy  Master Services and Purchasing Agreement for Customer  Conducting remote training on new features and devices for Customer's leadership Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of Conducting weekly conference calls to cover current issues and program status Visiting Customer quarterly (up to 3 consecutive days) to perform a quarterly business review, discuss: Customer's goals for your Axon program, and continue to ensure as successful deployment of Axon Devices Providing remote, Tier 1and Tier 2 (As defined Axon's Service Level Agreement) technical supportforAxon  Creating and monitoring RMAS remotely  Providing quarterly Axon usage data to identify trends and program efficiency opportunities Comparing an Customer's Axon usage and trends to peers to establish best practices Proactively monitoring the health of Axon equipment and coordinating returns when needed Coordinating bi-yearly Voice of Customer méetings with Device Management team Recording and tracking Customer feature. requests andi major bugs  4. Out of Scope Services. The TAM is responsible to perform only the Services described in this Appendix. Any additional Services discussed or implied that are not defined explicitly in this Appendix willl be considered out oft the 5. TAM Leave Time. The TAM will be allowed up seven (7) days of sick leave and up to fifteen (15) days of vacation time per each calendar year. The TAM will work with Customer to coordinate any time off and will provide Customer  scope.  with at least two (2) weeks' notice before utilizing any vacation days.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 35 of44    AXON  Master Services and Purchasing Agreement for Customer  Axon Investigate Appendix  Ift the Quote includes Axon's On Prem' Video Suite known as Axon Investigate or Third Party Video Support License, the 1. License Grant. Subject to the terms and conditions specified below and upon payment of the applicable fees set forth in the Quote, Axon grants to Customer a nonexclusive, nontransferable license to install, use, and display the Axon Investigate software ("Software") solely for its own internal use only and for no other purpose, for the duration ofs subscription term set forthi in the Quote. This Agreement does not grant Customer any right to enhancements or updates, buti ifsuch are made available to Customer and obtained by Customer they shall become part oft the Software 2. Third-Party Licenses. Axon licenses several third-party codecs and applications that' are integrated into the Software. Users with an active support contract with Axon are granted access to these additional features. By accepting this agreement, Customer agrees to and understands that an active support contract is required for all of thet following features: DNXHD outputf formats, decoding files viat the' "fasti indexing" method, proprietary file metadata, telephone and email support, and all future updates to the software. If Customer terminates the annual support contract with Axon, thei features listeda above willk be disabledv within the Software. Itisr recommendedi that users remain 3. Restrictions on Use. Customer may not permit any other person to use the Software unless such use is in accordance with thet terms oft this Agreement. Customer may not modify, translate, reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software, except tot the extent applicable laws specifically prohibit such restrictions. Customer may not rent, lease, sublicense, grant a security interest in or otherwise transfer Customer's rights to or to use the Software. Any rights not granted are reserved to Axon. 4. Term. For purchased perpetual Licenses only--excluding Licenses leased for a pre-determined period, évaluation licenses, companion licenses, as well as temporary licenses--the license shalll be perpetual unless Customer fails to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice. The terms of Paragraphs 1, 2,3,5,6,8 and 9 shall survive termination of this Agreement. For licenses leased for. a pre- determined period, for evaluation licenses, companion licenses, as well as temporary licenses, thel license is granted for a period beginning at the installation date and for the duration of the evaluation period or temporary period as 5. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all changes, modifications, and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless oft thei form or mediai in which the original or copies may exist, subject only to the rights and privileges expressly granted by Axon. This Agreement does not provide Customer with title or 6. Copies. The Software is copyrighted undert thel laws oft thel United States andi international treaty provisions. Customer may not copy the Software. excepti for backup or archival purposes, and all such copies shall contain all Axon's notices regarding proprietary rights as contained in the Software as originally provided to. Customer. If Customer receives one copy electronically and another copy on media, the copy on media may be used only for archival purposes and 7. Actions Required Upon Termination. Upon termination of the license associated with this Agreement, Customer agrees to destroy all copies oft the Software and other text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Software that are provided by Axon to Customer ("Software Documentation") or return such copies to Axon. Regarding any copies of media containing regular backups of Customer's computer or computer system, Customer agrees not to. access such media for the 8. Export Controls. None of the Software, Software Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, of the office of Export Administration oft the United States, Department of Commerce, nor to any country to which the U.S. has embargoed goods, to any person oni the U.S. Treasury Department's list of Specially Designated Nations, ort the U.S. Department 9.. U.S. Government Restricted Rights. The Software and Software Documentation are Commercial Computer Software provided with Restricted Rights under Federal Acquisition Regulations and Customer supplements to them. Use, duplication or disclosure byt the U.S. Government is subject to restrictions as seti forth ins subparagraph (c)(1)() oft the Rights in Technical Data and Computer Software clause at DFAR 255.227-7013 et. Seq. or 252.211-7015, or  following appendix shall apply.  and governed by thet terms of this Agreement.  on an active support contract to maintain thet fulli functionality of the Software.  agreed between Axon and Customer.  ownership oft the Software, but only a right of limited use.  this license does not authorize Customer to use the copy ofi media on an additional server.  purpose of recovering the Software or online Software Documentation.  of Commerce's' Table of Denials.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 360 of4 44    AXON  Master Services and Purchasing Agreement for Customer  subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19,. as applicable, or similar clauses int the! NASAI FAR: Supplement. conractormanuacturer is Axon Enterprise, Inc., 17800  North 85th Street, Scottsdale, Arizona 85255.  -  : -  : :  -  -  375  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 37of44    AXON  Master Services and Purchasing Agreement for Customer  My90 Terms of Use Appendix  Definitions.  1.1. "My90" means Axon's proprietary platform and methodology to obtain and analyze feedback, and other related offerings, including, without limitation, interactions' between My90 and Axon products. 1.2. "Recipient Contact Information" means contact information, as applicable, including phone number or email address (if available) of thei individual whom Customer would like to obtain feedback.  1.3. "Customer Data" means  1.3.1."My90 Customer Content" which means data, including Recipient Contact Information, provided to My90 directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology. My90 Customer Content does not include My90 Non- 1.3.2."My90 Non-Content Data" which means data, configuration, and usage information about Customer's My90 tenant, and client software, users, and survey recipients that is Processed (as defined in Section 1.6 oft this Appendix) when using My90 or responding to al My90 Survey. My90 Non-Content Data includes data about users and survey recipients captured during account management and customer support activities. My90 Non-Content Data does not include My90  Content Data.  Customer Content.  1.3.3."Survey Response" which means survey recipients' response tol My90 Survey.  1.4. "My90 Data" means  1.4.1."My90 Survey" which means surveys, material(s) or content(s) made available by Axon to 1.4.2."Aggregated Survey Response" which means Survey Response that has been de-identified and aggregated or transformed so that itis no longer reasonably capable of being associated with, or 1.5. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can bei identified, directly or indirectly, in particular by reference to an identifier such as ar name, an identification number, location data, an. online identifier or to one or more factors specific tot the physical, physiological, genetic, mental, economic, cultural, or social identity of that 1.6. Processing" means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure byt transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. 1.7. "Sensitive Personal Data" means Personal Datai that reveals an individual's health, racial or ethnic origin, sexual orientation, disability, religious or philosophical beliefs, or trade union membership. 2. Access. Upon Axon granting Customer a subscription to My90, Customer may access and use My90 to store and manage My90 Customer Content, and applicable My90 Surveys and Aggregated Survey Responses. This Appendix is subject to the Terms and Conditions of Axon's Master. Service and Purchasing Agreement or ini the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall 4. Customer Owns My90 Customer Content. Customer controls or owns all right, title, and interest in My90 Customer Content. Except as outlined herein, Axon obtains no interest in My90 Customer Content, and My90. Customer Content is not Axon's. business records. Except as seti forth in. this Agreement, Customer isr responsible for uploading, sharing, managing, and. deleting My90 Customer Content. Axon will only have access to My90 Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to My90 Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this  Customer and survey recipients within My90.  could reasonably be linked directly or indirectly to, a particular individual.  natural person.  govern.  3. IPaddress. Axon will not store survey respondents' IP address.  Agreement or policies governing use of My90 and other Axon products. Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 38 of44    AXON  Master Services and Purchasing Agreement for Customer  5. Details of the Processing. The nature and purpose of thel Processing under this Appendix are further specified 6. Security. Axon will implement commercially reasonable. and appropriate measures to secure Customer Data against accidentaloru unlawfull loss, access, or disclosure. Axony willr maintain a comprehensive information: security program to protect Customer Data including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; security education; and data protection. Axon will not treat Customer Datai ina accordance with FBI CJIS Security Policy requirements and does nota agree tot the CJIS Security Addendum fort this engagement or any other security or privacy related commitments that have been established 7. Privacy. Customer use of My90 is subject to the My90 Privacy. Policy, a current version of which is available. at tos/mopaoncomlegameomnagmale Customer agrees to allow Axon access to My90 Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current andi future Axon products including My90 and related services; and (c) enforce this 8. Location of Storage. Axon may transfer Customer Datai to third-party subcontractors for Processing. Axon will determine the locations for Processing of Customer Data. Fora all Customer, Axony will Process ands store Customer Data within the country Customer is based. Ownership of My90. Customer Content remains with Customer.. 9. Required Disclosures. Axon will not disclose Customer Data that Customer shares with' Axon except as compelled by a court or administrative body or required by any law or regulation. Axon will notify Customer ifa any disclosure request is received for Customer Data sO Customer may file an objection with the. court or 10. Data Sharing. Axon may share data only with entities that control or are controlled by or under common control 10.1. Axon may share Customer Data with third parties ite employs to perform tasks on Axon's behalf to provide 10.2. Axon may share Aggregated Survey Response with third parties, such as other Axon customers, local city agencies, private companies, or members ofthe publict that are seeking a wayt to collect analysis on general policing and community trends. Aggregated Survey Response will not be reasonably capable of being associated with or reasonably be linked directly or indirectly to a particular individual. 11. License and Intellectual Property. Customer grants Axon, its affiliates, and assignees the irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Customer Data fori internal use including but not limited, to analysis and creation of derivatives. Axon may not release Customer Data to any third party under this right that is not aggregated and de-identified. Customer acknowledges that Customer will have no intellectual property right in any media, good or service developed ori improved by Axon. Customer acknowledges that Axon may make any lawful use of My90 Data and any derivative of Customer Data including, without limitation, the right to monetize, redistribute, make modification of, and make derivatives of the surveys, survey responses and associated data, and Customer willl have noi intellectual property righti in any good, service, media, 12. Customer Use of Aggregated Survey Response. Axon will make available to Customer Aggregated Survey 13. Data SubiectRights Takingi into accountt ther nature oft the Processing, Axon shall assist Customer by appropriate technical and organizational measures, insofar as this is reasonable, for thet fulfilment of Customer's obligation to respond to a Data Subject Request regarding any Personal Data contained within My90 Customer Content. Ifin regard to My90 Customer Content, Axon receives a Data Subject Request from Customer's data subject to exercise one or more ofi its rights under applicable Datal Protection Law, Axon will redirect the data subject within seventy-two (72) hours, to make its request directly to Customer. Customer willl be responsible for responding to 14. Assistance with Requests Related to My90 Customer Content. With regard to the processing of My90 Customer Content, Axon shall, if not prohibited by appliçable law, notify Customer without delay after receipt, if Axon: (a) receives a request for. information from the Supervisory Authority or any other competent authority regarding My90 Customer Content; (b) receives a complaint or request from at third party regarding the obligations ofCustomer or Axonunder: applicable Datal Protection Law; or (c) receives any other communicationt which directly ori indirectly pertains tol My90 Customer Content ori the Processing orp protection of My90 Customer Content. Axon  ins Schedule 1 Details oft the Processing, to this Appendix.  between Axon and Customer, such as ISO: 27001 certification or SOC 21 Reporting.  Agreement or policies governing the use of My90 or other Axon products.  administrative body, unless prohibited byl law. of Axon, and as described below: products or services to Customer.  or other product that uses My90 Data.  Response and rights to use for any Customer purpose.  any such request.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 390 of44    AXON  Master Services and Purchasing Agreement for Customer  shall not respond to such requests, complaints, or communications, unless Customer has given Axon written instructions to that effect or ifs such is required under a statutory provision. Int the latter case, prior to responding tot the request, Axon shall notify Customer of ther relevant statutory provision and Axon shall limit its response to 15. Axon Evidence Partner Sharing. If.A Axon Evidence partner sharing is used to share My90 Customer Content, Customer willr manage the datas sharing partnership with Axon anda access to allow only for authorized data sharing with Axon. Customer acknowledges that any applicable audit trail on the original source data will not include activities and processing performed against the instances, copies or clips that has been shared with. Axon. Customer also acknowledges that the retention policy from the original source. data is not applied. to any data shared with Axon: Except as provided herein, data shared with Axon may be retained indefinitely by Axon. 16. Data Retention. Phone numbers provided to Axon directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology will be retained for twénty-four (24) hours. Axon will not delete Aggregated Survey Response for four (4) years following termination of this Agreement. There will be no functionality of My90 during these four (4) years other than the ability to submit a request to retrieve Aggregated Survey Response. Axon has no obligation to maintain or provide Aggregated Survey Response after these four years and may thereafter, unless legally prohibited, delete all Aggregated 17. Termination. Termination ofa anl My90 Agreement willr notr resulti int ther removal or modification of previously shared My90 Customer Content or the potential monetization of Survey Response and Aggregated Survey Response. 18.1. Ensuring My90 Customer Content is appropriate for use in My90. This includes, prior to sharing: (a) applying any and all required redactions, clipping, removal ofr metadata, logs, etc. and (b) coordination with 18.2. Ensuring that only My90 Customer Content that is authorized to be shared for the purposes outlined is 18.3. Using an appropriately secure data transfer mechanism to provide My90 Customer Content to Axon; 18.4. Immediately notifying Axon if My90 Customer Content thati is not authorized for sharing has been shared. Axon may not be able to immediately retrieve or locate all instances, copies or clips of My90 Customer Content int the event Customer requests to un-share previously shared My90 Customer Content; 19.1. determine how to use My90 in accordance with applicable laws and regulations including but not limited to 19.2. develop a set of default qualification criteria of what My90 Customer Content may be shared with Axon; 19.3. assign responsibilities for managing what My90 Customer Content is shared with Axon and educate users 20.1. ensuring no My90 Customer Content or Customer end user's use of My90 Customer Content or My90 20.2. providing, and will continuet to provide, allr notices and has obtained, and will continue to obtain, all consents and rights necessary under applicable laws for Axon to process Customer Data in accordance with this 20.3. maintaining necessary computer equipment and Internet connections for use of My90. If Customer becomes aware of any violation of this Agreement by an end user, Customer will immediately terminate that end user's access to My90. Customer will also maintain thes security ofe end usernames and passwords and security and access by end users to My90. Customer Content. Customer is responsible for ensuring the configuration and utilization of My90 meets applicable Customer regulations and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. Customer shall contact Axon  whati is necessary to comply with the request.  Survey Response.  18. Managing Data Shared. Customer is responsible for:  applicable public disclosure officers and related legal teams;  shared with Axon. Customer will periodically monitor or audit this shared data;  19. Prior to enrollment in My90. Priort to enrolling in My90; Customer will:  consents, use ofi info or other legal considerations;  and  on what data may or not be shared with Axon. 20. Customer Responsibilities. Customer is responsible for: violates this Agreement or applicable laws;  Agreement; and  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 40.of44    AXON  Master Services and Purchasing Agreement for Customer  immediately if an unauthorized party may be using Customer's account or My90 Customer Content or if 21. Suspension. Axon may temporarily suspend Customer's or any end user's right to access or use any portion or all of My90 immediately upon notice, if Customer or end user's use of or registration for My90 may (a) pose a security risk to Axon products including My90, or any third-party; (b) adversely impact My90, the systems, or content of any other customer; (c) subject Axon, Axon's affiliates, or any third-party tol liability; or (d) bei fraudulent. Customer remains responsible for alli fees, ifa applicable, incurred through suspension. Axon will not delete My90 Customer Content or Aggregated Survey Response because of suspension, except as specified in this 22. My90 Restrictions. Customer. and Customer end users (including employees, contractors, agents, officers, 22.2. reverse engineer, disassemble, or decompile My90 or. apply any process to derive any source code 22.3. access or use My90 with the intent to gain unauthorized access, avoid incurring fees or exceeding usage 22.4. use trade secret information contained ini My90, except as expressly permitted in this Agreement; 22.5. access My90t to build a competitive product or service or copy any features, functions, or graphics of My90; 22.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark 22.7. use My901 tos store ort 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.  account information is lost or stolen.  Agreement.  volunteers, and directors), may not, or may not attempt to:  22.1. copy, modify, tamper with, repair, or create derivative works of any part of My90;  included in My90, or allow others to do the same;  limits or quotas;  notices) of Axon's or Axon's licensors on or within My90; or  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 41. of44    AXON  Master Services and Purchasing Agreement for Customer  Schedule 1- Details of the Processing  1. Nature and Purpose of the Processing. Tol help Customer obtain feedback from individuals, such as members of 1.1. Survey Tool where. Customer may create, distribute, and analyze feedback from individuals it designates. Customer may designate members oft the community, staff or officers from whom they would like to obtain 1.2. Creation of custom forms for surveys. Customer may select questions from a list of pre-drafted questions 1.4. Ability to access and analyze Survey Response. Axon may also provide Customer Aggregated Survey 1.5. Direct integrations into information systems including Computer Aided Dispatch ("CAD"). This will enable Customer to share contact information easily and quickly with Axon of anyi individuals from whom it wishes 1.6. Data Dashboard Beta Test ("Data Dashboard") where Survey Response and Aggregated Survey Response willl be displayed for Customer use. Customer willl be able to analyze, interpret, ands share results of the Survey Response. My90 may provide beta versions of the Data Dashboard that are specifically 1.7. Survey Responses will be: aggregated and de-identified andr may bes subsequently distributed and disclosed through various: mediums to: (1) Customer; (2) other Axon Customer; (3) private companies; and (4) members of the public. The purpose of disclosure is to provide ongoing insights and comparisons on general policing and community trends. Priort to disclosing thisi information, Axony wille ensuret that the Survey Response has been de-identified: and aggregated or transformed sot thati itisr nol longer reasonably capable ofbeing associated with, or could reasonably be linked directly or indirectly to a particular individual; and 1.8. Provide services and materials to engage Customer stakeholders, market thep partnership tot thep public, and  their community, staff, or officers.. Features of My90 may include:  feedback; or create their own;  1.3. Distribution of survey via multiple distribution channels such as text message; Responses which contain analysis andi insights from the Survey Response; to obtain feedback, enabling Axon to communicate directly with these individuals;  designed for Customer tot tést before they are publicly available;  facilitate training.  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 42of44    AXON  Master Services and Purchasing Agreement for Customer  Axon Event Offer Appendix  Ifthe Agreement includes the provision' of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select 1. General. Subject to the terms and conditions specified below and those in' the Agreement, Axon may provide Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-selected employee(s) to attend one or more. Axon Events. By entering into. the Agreement, Customer. warrants that it is appropriate and permissible for Customer to receive the referenced Axon Event offer(s) based on Customer's 2. AttendeelEmployee Selection. Customer shall have sole and absolute discretion. to select the Customer employee(s) eligible to reçeive the ticket(s), travel and/or accommodation that is the subject of any Axon Event 3. Compliance. Iti is thei intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations and ethics rules regarding contributions, including gifts and donations. Axon's provision of ticket(s), travel and/or accommodation for the applicable Axon Event to Customer is intended for the use and benefit of Customer in furtherance ofi its goals, and not the personal use or benefit ofa any official or employee of Customer. Axon makes this offer without seeking promises or favoritism for Axon in any bidding arrangements. Further, no exclusivity will be expected by either party in consideration fori the offer. Axon makes the offer with the understanding thati ity willr not, as ar result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements. IfCustomer's local jurisdiction requires Customer to report or disclose the fair market value of the benefits provided by Axon, Customer shall promptly contact Axon to obtain such information, and Axon shall provide the information 4. Assignability. Customer may nots sell, transfer, or assign Axon! Eventt ticket(s), travel and/or accommodation provided 5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability of funds and resources.. Axon has no obligation to provide. Axon Event ticket(s), travel and/or accommodation. 6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or accommodation: to Customer ifCustomer ori its selected employees failt to meet thep prescribed conditions ori ifo changes in circumstances render the provision ofs such benefits impractical, inadvisable, ori in violation of any appliçable laws,  events hosted by Axon ("Axon Event"), thei following shall apply:  understanding oft thet terms and conditions outlined int this Axon Event Offer Appendix.  offer(s).  necessary. to facilitate Customer's compliance with such reporting requirements.  under the Agreement.  regulations, and ethics rules regardingo contributions, including gifts and donations  Title: Master Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 430 of44    AXON  Master Services and Purchasing Agreement for Customer  Axon Training Pod  1. 2. INFRINGEMENT. 3. placement.  Customer Responsibilities. Customer is responsible for: @ all permits to use the Axon Training Pod; () complying with all applicable laws pertaining to the use of the Axon' Training Pod; (ii) any maintenance required fort the Warranties. TO THE EXTENT NOT PROHIBITED BY LAW, AXON TRAINING PODI IS SOLD "AS IS" WITHOUT WARRANTY OF ANYI KIND, EITHER EXPRESS ORI IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- Placement. Axon will makei its best efforts to work with Customer ont thei initial placement oft the. Axon Training Pod. After thei initial placement, iti is the Customer's responsibility to make any adjustments to the Axon Training Pod's  Axon Training Pod; and (iv) disposal oft the. Axon Training Pod.  :  Title: Master: Services and Purchasing Agreement between Axon and Customer  Department: Legal Version: 22 Release Date: 8/2/2024  Page 44of44  -