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Complete Agenda Packet - 10/13/2020Town Council Town of Trophy Club Meeting Agenda 1 Trophy Wood Drive Trophy Club, Texas 76262 Council Chambers7:00 PMTuesday, October 13, 2020 INVOCATION led by Pastor Barry Clingan, The Church of Trophy Lakes PLEDGES led by Council Member Geraci Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENTS This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to take or discuss any presentations made to the Council. Presentations are limited to matters over which the Council has authority. You may speak up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must complete the Speaker's Form and include the topic(s) to be presented. You may also submit an email to mayorandcouncil@trophyclub.org ANNOUNCEMENTS AND REPORTS 1.2020-297-T Receive Town Manager Norwood’s Update regarding the following (S. Norwood). *Sept. 21, 2020 Parks & Recreation Board Meeting Report by Council Member Geraci *TC Women's Club Fall Garage Sale, Sat., Oct.17, 2020; 8 AM - 2 PM *TC Community Household Hazardous Waste Disposal, Sat., Oct. 24, 2020; 9 - 11 AM *Business Spotlights -David Ryan Salon -Art Z CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. No separate discussion of these items will be held. Only items removed from the consent agenda will be considered individually. 2.2020-296-T Take appropriate action regarding the Town Council Regular Session Minutes dated September 22, 2020 (L. Vacek). (DRAFT) - TC Regular Session Minutes-September 22, 2020.pdfAttachments: Town Council Meeting Page 1 of 171 October 13, 2020 October 13, 2020Town Council Meeting Agenda 3.2020-290-T Take appropriate action for the purchase of a 2021 Truck from Reliable Chevrolet to facilitate the Fire Department’s Squad Response Concept in the amount of $44,676.23 (J. Taylor). Staff Report - Fire Dept Squad Response Concept.pdf Reliable Quote for FD Chevy Truck - Trophy Club.pdf Mal Tech Estimate for TCFD Chevy Truck.pdf Attachments: 4.2020-301-T Take appropriate action for the purchase of Two Police Vehicles (Tahoes) from Freedom Chevrolet for the Police Department in the amount of $65,000 (P. Arata). Staff Report - PD Vehicle Replacement.pdf Tarrant County Contract Vehcile Pricing.pdf Freedom Chevrolet Quote for TCPD.pdf Vehcile Evaluation Report #2.pdf Vehicle Evaluation Report.pdf Attachments: 5.2020-303-T Take appropriate action for the installation of Equipment from Dana Safety Supply for the Two Police Vehicles (Tahoes) in the amount of $30,000 (P. Arata). Staff Report - PD Vehicle Replacement Equipment Request.pdf TCPD - Dana Safety Supply Quote #2.pdf TCPD - Dana Safety Supply Quote.pdf Attachments: 6.2020-302-T Take appropriate action for the purchase and replacement of the Animal Control Officer (ACO) Vehicle from Silsbee Ford in the amount of $35,000 (P. Arata). Staff Report - TCPD Vehicle Replacement ACO Request.pdf Silsbee Quote - TCPD Vehicle (ACO).pdf Vehicle Evaluation Report (ACO).pdf Attachments: 7.2020-304-T Take appropriate action for the purchase and replacement of Tasers from Axon Enterprises for the Police Department in the amount of $43,400 over a period of five years (P. Arata). Staff Report - TCPD - AXON Taser Replacement Request.pdf Axon Master Services and Purchasing Agreement for TCPD.pdf Axon Agreement for TCPD Tasers.pdf Axon Quote - TCPD.pdf Attachments: 8.2020-306-T Take appropriate action adopting Ordinance 2020-18 regarding the Municipal Utility District’s amendment to increase fees for customers within the boundaries of the Public Improvement District No.1 (PID) (T. Uzee). Staff Report - MUD Sept 2020 PID Rate Order Change.pdf ORD. 2020-18 PID Water Fees.pdf TCMUD Order No 2020-0921B Rate Order.pdf Attachments: Town Council Meeting Page 2 of 171 October 13, 2020 October 13, 2020Town Council Meeting Agenda 9.2020-309-T Take appropriate action regarding the purchase and replacement of a Toro Workman Utility Vehicle HDX and Two Toro FX Mowers from Professional Turf Products, LP for the Parks Department in the amount of $50,469.47 (T. Jaramillo). Staff Report - Parks Department Equipment.pdf PTP Quote - TC Parks.pdf PTP Requistion Request.pdf Attachments: 10.2020-310-T Take appropriate action for the purchase of a replacement Truck (2021 Ford F250) from Silsbee Ford for the Parks Department in the amount of $36,200 (T. Jaramillo). Staff Report - Parks Vehicle Replacement.pdf Parks Vehicle Evaluation Summary.pdf Silsbee Ford Purchasing Order - Parks Vehicle Requisition Request.pdf Silsbee Ford Quote - Parks Vehicle.pdf Attachments: 11.2020-314-T Take appropriate action approving a Contract with Manning Concrete for the replacement of Concrete Panels for an initial term for 2 years with an option to renew for 4 additional 2 year terms (T. Uzee). Staff Report - Manning Concrete 2020.pdf Grapevine ILA (dated 6-14-16).pdf Grapevine - Manning Concrete Sawing Response.pdf Manning Concrete Agreement.pdf Res. 2019-39 - Co-op Purchasing Agreement.pdf Attachments: INDIVIDUAL ITEMS EXECUTIVE SESSION 12.2020-312-T Pursuant to the following section of the Texas Government Code, Chapter 551 (Open Meetings), the Council will convene into executive session to discuss the following: a) Discussion and possible action - Deliberate the Appointment of the Parks & Recreation Board Members pursuant to Texas Government Code Section 551.074 (personnel matters) (Mayor Sanders). b) Discussion and possible action - Deliberate the Appointment of the Animal Shelter Advisory Board Members pursuant to Texas Government Code Section 551.074 (personnel matters) (Mayor Sanders). RECONVENE INTO REGULAR SESSION Town Council Meeting Page 3 of 171 October 13, 2020 October 13, 2020Town Council Meeting Agenda 13.2020-313-T a) Take appropriate action regarding Resolution 2020-17 for the Appointment of Members to the Parks & Recreation Board (L. Vacek). b) Take appropriate action regarding Resolution 2020-18 for the Appointment of Members to the Animal Shelter Advisory Board (L. Vacek). RES 2020-17 Parks Board Annual Appointments.pdf RES 2020-18 Animal Shelter Advisory Annual Appointments.pdf Attachments: ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, October 9, 2020 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-237-2900, 48 hours in advance, and reasonable accommodations will be made to assist you. Members of the Town Council may be participating remotely in compliance with the Texas Open Meetings Act. Town Council Rules of Procedure, or under the provisions provided by the Governor of Texas in conjunction with the Declaration of Disaster enabled March 13, 2020. Town Council Meeting Page 4 of 171 October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-297-T Name: Status:Type:Agenda Item Draft File created:In control:9/23/2020 Town Council On agenda:Final action:10/13/2020 Title:Receive Town Manager Norwood’s Update regarding the following (S. Norwood). *Sept. 21, 2020 Parks & Recreation Board Meeting Report by Council Member Geraci *TC Women's Club Fall Garage Sale, Sat., Oct.17, 2020; 8 AM - 2 PM *TC Community Household Hazardous Waste Disposal, Sat., Oct. 24, 2020; 9 - 11 AM *Business Spotlights -David Ryan Salon -Art Z Attachments: Action ByDate Action ResultVer. Receive Town Manager Norwood’s Update regarding the following (S. Norwood). *Sept. 21, 2020 Parks & Recreation Board Meeting Report by Council Member Geraci *TC Women's Club Fall Garage Sale, Sat., Oct.17, 2020; 8 AM - 2 PM *TC Community Household Hazardous Waste Disposal, Sat., Oct. 24, 2020; 9 - 11 AM *Business Spotlights -David Ryan Salon -Art Z Town Council Meeting Page 5 of 171 October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-296-T Name: Status:Type:Agenda Item Draft File created:In control:9/22/2020 Town Council On agenda:Final action:10/13/2020 Title:Take appropriate action regarding the Town Council Regular Session Minutes dated September 22, 2020 (L. Vacek). Attachments:(DRAFT) - TC Regular Session Minutes-September 22, 2020.pdf Action ByDate Action ResultVer. Take appropriate action regarding the Town Council Regular Session Minutes dated September 22, 2020 (L. Vacek). Town Council Meeting Page 6 of 171 October 13, 2020 Page 1 of 6 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY, SEPTEMBER 22, 2020; 7 P.M. The Trophy Club Town Council met in a Regular Session on Tuesday, September 22, 2020. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Philip Shoffner Mayor Pro Tem Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Michael Geraci Council Member, Place 5 STAFF PRESENT: Steve Norwood Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tommy Uzee Director of Community Development Tony Jaramillo Director of Parks and Recreation Mike Erwin Finance Manager CALL TO ORDER Mayor Sanders called the meeting to order at 7:00 pm and noted a quorum with Mayor Pro Tem Shoffner, Council Members Bone, Monger and Geraci. INVOCATION The Invocation was delivered by Pastor Jeff Brooks, Lake Cities Church of Christ. Pastor Brooks prayed for the Council and prayed blessings upon them. He also prayed that America be Great because America is Good and asked that we are helped to be good so that we can become great. Lastly, he prayed for Justice Ruth Bader Ginsburg whose loss is mourned greatly. PLEDGES The Pledges to the American Flag and Texas Flag were led by Council Member Monger. PUBLIC COMMENT Town Secretary Vacek confirmed there was one speaker registered under Public Comment; and Mayor Sanders called upon Mrs. Kathy Palmer to speak. Mrs. Kathy Palmer of 40 Cypress Court in Hogan’s Glen reported that since the construction of PD-30, they have seen drastic and dramatic changes and destruction to the ponds and surrounding property. She added that they have seen large amounts of dirt, silt, trash, and debris flow into the ponds, causing erosion and water levels to change the entire life and beauty of the ponds. She added that the failure of their recirculating pumps because of the excessive amount of dirt has also caused concern for mosquitoes due to the stagnant water. The system built with the drastic slope that she and her husband, Scott, refer to as the PD-30 Super Slide exacerbates the amount and force of water that hits the creek, causing erosion and excessive dirt and silt to overflow and flood the storm water system and pour into our ponds. She mentioned the restrictor plate that has been added and has helped but it is not enough. She mentioned that their HOA Board was told that Beck is offering a paltry settlement towards the repair of this destruction that will not cover the cost for dredging. She added that they were also told that certificates of occupancy would not be issued on PD-30 until this was fixed and damage repaired. At the last Town Council Meeting Page 7 of 171 October 13, 2020 Page 2 of 6 couple of Council Meetings, it has been said that the Town is providing funds to repair the failed storm water system that other residents have experienced on Indian Creek on the east side. She asked if the same would be done for the residents of Hogan’s Glen to restore this property back to the premier neighborhood it once was. Mayor Sanders thanked Mrs. Palmer. 1. ANNOUNCEMENTS, REPORTS AND PROCLAMATIONS • Voter Approval Tax Rate Increase (VATR) Election Presentation by Dr. Ryder Warren, Northwest Independent School District. Dr. Warren thanked the Mayor and Council for having him present. He highlighted that students were back at schools and their educational setting had taken on a new approach this year. He noted that Northwest ISD has 19,000 In-Person Students and 6,000 Remote Students. He stated that at Northwest, they get approximately 1,100 new students each year. Dr. Warren mentioned Byron Nelson High School’s new wing providing for a new Bistro and gave out cards for Council. He made mention of Medlin Middle School’s new Fine Arts addition that is underway. He spoke on Northwest ISD’s Election and provided the following information. Their annual School Board Election will be held November 3rd with three seats on the ballot for Places 5, 6, and 7. He noted that their Bond Election (Propositions A-D; $986 Million) would also be on the November Ballot and addresses growth, aging facilities, technology, and student programs. Relating to the Voter-Approval Tax Rate (VATR) Election, which will also be on the November Ballot as Proposition E; the School Board approved a tax rate of $1.4663 for Fiscal Year 2020-2021, which automatically calls for an election to be held since it exceeds the mandated tax rate. He stated that due to the new school finance law (HB3), Northwest ISD will see a reduction of over $10 Million per year and said proposition; if approved, would bring in approximately $21 Million per year to Northwest ISD increasing the tax rate by 4.6 cents compared to the 2019 tax rate. He noted that due to their growth; a tax increase would fund said growth. He added that said tax rate increase will not affect those that are 65 years of age and older, unless they have added to their homes. He noted that the school has two tax rates being the Maintenance and Operation (M&O); and the Interest and Sinking Rate (I&S). He referenced their website which has been very helpful and provides all the information on the bond election. He also mentioned that at the last legislative session; the legislature authorized full-day Pre-K Programs for 4-year olds, which is extremely helpful to many families. He mentioned that all 30 schools would be affected by the Bond Program and referenced all the schools in Trophy Club. He added that the bond will not affect the tax rate but we will have more debt to pay. He added that the Legislature has also specified that after each proposition; it is mandated by the state that said it be denoted on the ballot that “this is a property tax increase”. He explained that the school debt would be extended. Mayor Sanders asked of the I&S Rate and its forecast for the next 5 years. Dr. Warren replied that if the bond is approved; the I&S Rate would remain at 42 cents unless another bond is approved. He added that their Board has done a good job in paying off bonds and currently they are paying on 2008 Bonds while paying older bonds off early. Councilmember Geraci asked of the Robin Hood Plan as it relates to smaller entities relying on the funds. Dr. Warren stated that it is still referred to as Robin Hood but now is called “recapture of funds and redistributing”. He added that they were told Northwest ISD would be out of Robin Hood this year but that has not been the case. He added that they have paid out $4 Million and have budgeted approximately $7 Million to leave our district this year. He referred to the slide that shows that 13 pennies would generate $33 Million but would only get to keep $21 Million of that. He added that if we did not have Robin Hood or just allowed our district to operate within our tax base; we could operate with the same tax rate for a long time. He noted that Northwest ISD is a Chapter 49 School District according to the Texas Education Code in which we are billed in April. He added they send a check in for being classified a Chapter 49 School District. Mayor Sanders thanked Dr. Warren and expressed appreciation for the number of years that the School and Town have worked together and for the leadership at the School District. Town Council Meeting Page 8 of 171 October 13, 2020 Page 3 of 6 • Metroport Chamber of Commerce Annual Report by Sally Aldridge, President & CEO. Ms. Sally Aldridge thanked the Mayor and Council for being able to provide their Annual Report. She provided the number of 551 Members as of December 31, 2019; with 185 new members. As of September, their membership dropped to 542 and noted that was the case across other chambers. She referenced a slide on memberships and the various levels noting many follow the basic level and showed a snapshot of the businesses. She noted the Chairman’s and President’s Circle and their top event partners. Ms. Aldridge showed what they have focused on since the shutdown in March through June as they worked remotely. She added that they provided Covid Updates to their members and provided financial opportunities for businesses as they partnered with Tarrant and Denton Counties for business grants. She noted that they held virtual weekly meetings with their Governmental and Chamber groups. They also offered member marketplace ads, monthly payment plans to stay involved as well as conducted a local survey for their members. Since starting back up in June; they held the first membership luncheon in August, continued with their strategic plan, and have withheld the Regional Video until the Spring. She added that while their luncheon attendance pre-covid was 430 attendees; they are down to 130 but reservations are increasing with the upcoming luncheon in October. Ms. Aldrige reported that they are excited about moving into their new building on October 9, 2020. The new Chamber Building is 8,000 sqft that will house the Chamber Team and the new Incubator Businesses in which the goal is to help businesses start-up and grow. She mentioned the Heritage Wall and Legacy Wall as well as raising over $300,000 in-kind and in cash contributions and referenced the cash investors. She thanked Trophy Club for their partnership over the years. Mayor Sanders asked of the business grants; and if any were provided within Trophy Club. Ms. Aldridge stated that she had not seen the latest list but will provide that information. Council Member Monger asked of the Leadership Program. She added that the Leadership Class graduates this December as they started last September. Mayor Sanders spoke of having Trophy Club become involved in the Chamber’s Capital Fundraiser Program. He thanked Ms. Aldridge for her presentation. Ms. Aldridge thanked Mayor Sanders for his leadership as he is finishing his term. She expressed appreciation for his friendship and support over the years. • Implicit Biased Training for Trophy Club’s (TC) Police Officers by Dr. Alex del Carmen Update. Chief Arata thanked the Mayor and Council for their support as these are trying times for Police Officers. He reported that they have been working with the leading expert, Dr. Alex del Carmen, on Implicit Biased Training. Chief Arata noted that Dr. del Carmen has taught and trained all of TC’s Police Officers on Policing and on Implicit Biased Training helping TC Officers understand themselves and others. He added that the State requires a racial profiling report and Dr. del Carmen takes that data to the racial profiling level to build up leaders from the bottom all the way to the top staff. He explained that they are trying to get ahead of the curve to becoming a Leader in Law Enforcement and a Leader in TC. He mentioned that with said training; TC is doing a good job building up leaders with our younger officers. Mr. Norwood complimented Chief Arata for taking the initiative to have a nationally recognized program implemented in Trophy Club as this is not yet required. He stated that other cities are mandated to put this training in place but we have taken the initiative to do this with our policies and procedures and by taking a look at oneself; which is a great first step to bringing in a higher level officer to our team. Council Member Geraci thanked Chief Arata for taking the initiative with this program as this was a difficult time for officers. He thanked the TC Police Officers for their hard work and training and asked if the training was reoccurring. Chief Arata replied yes; it is continuing, and will continue to build on it. Mayor Pro Tem Shoffner stated that the more we can provide training where it is needed; the more we can improve. • 12th Annual Pet Fest to be held Saturday, October 3, 2020 – Mr. Norwood reported Pet Fest would be held at Freedom Park from 9am to 11am. • Community Night Event to be held Saturday October 10, 2020 – Mr. Norwood reported that said event will be held from 6am 9pm with Movie Night and mentioned that everyone will have to register to gain access. He also mentioned that In & Out Burger would be there providing free burgers. Town Council Meeting Page 9 of 171 October 13, 2020 Page 4 of 6 • Business Spotlight – Popcorn Central Brandon and Kalyn Wilcher presented their business stating they had lived in Trophy Club for 10 years. Mr. Wilcher stated that they have been open for under a year and mentioned their location and noted they pop over 40 flavors of popcorn. He added that they also carry over 100 different candy and noted they will be participating in Pet Fest and Community Night. He also stated that they now also offer fundraisers for schools, sports teams, organizations, and offer various custom labels as they can place your logo on any product. Lastly, he mentioned that are also the Franchise Owners of “Card My Yard” in which yards are staked with various messages such as “Happy Birthday” etc… 2. Take appropriate action issuing Proclamation 2020-10 recognizing October 4, 2020 as The Patriot Tour Day in Trophy Club (Mayor Sanders) Mayor Sanders read Proclamation 2020-10 and Council Member Monger moved to approve the Proclamation. Council Member Geraci seconded the motion. Council Member Geraci stated that he saw some things on FB that were very concerning and disturbing to him as a 9-11 US Veteran. He stated his support for all First Responders and for the Patriot Tour. He noted that when he was with a Fortune 500 Company and prior to leaving for Military Service after September 11th; that company purchased every employee a US Flag for placement on their desk; which was 19 years ago. He took that very same flag, placed it on the Dias, and stated that he kept it on his office desk every day. He added that he could not believe that during his lifetime; he is having to explain the reason for joining the military. He reminded everyone that on September 12, 2001; everyone was holding doors for one another, thanking everyone for their military service, and going out of their way to take care of our first responders. He explained that serving in the military is about defending the United States of America. He mentioned his passion for bringing this about; as every day, there are men and women who place their lives in the line of fire and die to give others the right to vote. He asked everyone not to throw that right away or take for granted your bill of rights on one thing, just because you disagree with it. He stated that many people that are out there displaying their first amendment rights are not old enough to remember what happened 19 years ago; as that is when he was given the flag and will never forget it. He thanked the teams that have put together the Patriot Tour and thanked Council Member Monger for his work on it as well as for his military service. Lastly, he mentioned that his brother died a very painful and slow death from the burn pits and he asked everyone not to take this lightly. Chief Taylor mentioned the Patriot Tour would visit 35 cities and thank Veterans for their service as well as thank firefighters, police officers, and all first responders. He noted that Trophy Club would be the stop in the Dallas/Ft. Worth area on October 4th and will visit Veterans that have placed their lives on the line for all of us. The motion carried unanimously. Motion 5-0-0 Mayor Sanders presented the proclamation to Fire Chief Taylor with a photo of all Council Members. CONSENT AGENDA 3. Take appropriate action regarding the Town Council Regular Meeting Minutes of September 8, 2020 (L.Vacek). 4. Take appropriate action regarding the Spectrum Agreement for Internet Services Provider; not to Exceed $45,000. (S. Norwood) 5. Take appropriate action regarding Resolution 2020-15 Approving a Negotiated Settlement between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2020 Rate Review Mechanism Filing (S. Norwood). Council Member Bone moved to approve Consent Items 3, 4, and 5. Council Member Geraci seconded the motion. The motion carried unanimously. Motion: Town Council Meeting Page 10 of 171 October 13, 2020 Page 5 of 6 5-0-0 INDIVIDUAL ITEMS 6. Conduct a Public Hearing regarding the Public Improvement District’s ESD Tax Rate (S. Norwood) Mayor Sanders declared the Public Hearing open at 8:03 pm. Finance Manager Mike Erwin stated that this was the proposed tax rate of 0.06476 which is below last year’s rate for the PID’s rate for Fire Service. There being no one wishing to speak; Mayor Sanders called upon Mayor Pro Tem Shoffner. Mayor Pro Tem Shoffner asked if this rate was the exact same rate that he pays to the MUD for Fire Service. Mr. Erwin stated that the MUD rate is a bit higher than the PID rate but it is the exact same concept. The citizens in the PID pay about $800,000 for Fire Service while the citizens in the MUD pay $500,000 for Fire Service. Mayor Sanders clarified that all were paying the same percentage, which was based on the total number of households in both the PID and MUD. Council Member Geraci asked for clarification as this rate is asked about each year. He clarified that for citizens that live in the PID; this is part of the stack of papers that are signed at a home closing where this rate is disclosed. Town Secretary Vacek stated that was correct. There being no further discussion; Mayor Sanders declared the public hearing closed at 8:08 pm. 7. Take appropriate action regarding Ordinance 2020-16 for the Adoption of the Public Improvement District’s Tax Rate (S. Norwood). Council Member Bone moved to adopt Ordinance 2020-16. Council Member Monger seconded the motion. The motion carried unanimously. Motion: 5-0-0 8. Take appropriate action regarding the adoption of Ordinance 2020-17 Amending the Town Council Rules of Procedure (L. Vacek). Mayor Sanders stated that Council reviewed these at a previous meeting and provided direction. He added that Town Secretary Vacek had done a good job cleaning up the grammatical errors which accounted for many of the changes. He referenced the main changes being considered were to Sections 1.03.032c, 1.03.033a, 1.03.035b, 1.03.05f, 1.03.033c, and adding a new section, 1.03.035g(7). Council Member Bone moved to approve Ordinance 2020-17. Mayor Pro Tem Shoffner seconded the motion. The motion carried unanimously. Motion: 5-0-0 9. Discussion of Future Agenda Items List (S. Norwood) Mayor Sanders stated that in light of approving the Council Rules of Procedure, which is Item 3 on the list; there are notations on several other items on the list and turned the floor over to Town Manager Norwood. Mr. Norwood stated that they had talked about some of these at the last meeting. He noted that one item was added which was the Hazard Mitigation Plan explained and reported that he received some updates from Freese and Nichols and were in good shape. He stated that the list would be updated and sent out with the deletion of Item 3. Mayor Sanders asked if Council had anything to add. Council Member Bone stated that he did not have any items to add but referenced Item 1 on the Entryway Monumentation Signs. He expressed that his preference was to leave the item on the list as it would be re-bid at a future date. Mayor Sanders agreed that the item remain until that time. Town Council Meeting Page 11 of 171 October 13, 2020 Page 6 of 6 10. EXECUTIVE SESSION - Pursuant to the following designated section of the Texas Government Code, Chapter 551 (Open Meetings), the Council will convene into executive session to discuss the following: a) Discussion and possible action – Deliberate the Appointment of the Crime Control and Prevention District Board Members pursuant to Texas Government Code Section 551.074 (personnel matters) (Mayor Sanders) b) Discussion and possible action – Deliberate the duties and employment of the Town Attorney pursuant to Texas Government Code Section 551.074 (personnel matters) (Mayor Sanders) 11. RECONVENE INTO REGULAR SESSION a) Take appropriate action regarding Resolution 2020-16 - Appointment of Members to the Crime Control and Prevention District Board. b) Consider and take appropriate action regarding the Executive Session item. Mayor Sanders reconvened the meeting at 10:01 pm. a) Mayor Pro Tem Shoffner moved to approve the Resolution 2020-16 to reappointing Marc Bartels, Frederick Lohmann, and Heath Williams for a complete full term to expire September 2022; and to re-affirm the remainder current serving members. Council Member Bone seconded the motion. The motion carried unanimously. Motion: 5-0-0 ADJOURNMENT Mayor Sanders adjourned the meeting at 10:03 pm. __________________________________ ___________________________________ Leticia Vacek, TRMC/CMC/MMC C. Nick Sanders, Mayor Town Secretary/RMO Town of Trophy Club, Texas Town Council Meeting Page 12 of 171 October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-290-T Name: Status:Type:Agenda Item Draft File created:In control:9/16/2020 Town Council On agenda:Final action:9/22/2020 Title:Take appropriate action for the purchase of a 2021 Truck from Reliable Chevrolet to facilitate the Fire Department’s Squad Response Concept in the amount of $44,676.23 (J. Taylor). Attachments:Staff Report - Fire Dept Squad Response Concept.pdf Reliable Quote for FD Chevy Truck - Trophy Club.pdf Mal Tech Estimate for TCFD Chevy Truck.pdf Action ByDate Action ResultVer. Take appropriate action for the purchase of a 2021 Truck from Reliable Chevrolet to facilitate the Fire Department’s Squad Response Concept in the amount of $44,676.23 (J. Taylor). Town Council Meeting Page 13 of 171 October 13, 2020 Page 1 of 2 To: Mayor and Town Council From: J.G. Taylor III, Fire Chief CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: Purchase of 2021 Chevrolet Pickup for TCFD Squad Response Program Town Council Meeting, October 13, 2020 Agenda Item: Take appropriate action for the purchase of a 2021 Chevrolet Truck to facilitate the Fire Department’s Squad Response Concept (J. Taylor). Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town’s strategy map. Safety & Security - Achieve exceedingly high standards for public safety and low crime rates Administrative & Financial Services - Exercise fiscal discipline in all Town operations Background and Explanation: Currently, TCFD is utilizing the brush firefighting truck (B681) as the squad vehicle during the pilot phase of the program that began in March 2020. To continue the squad concept on a permanent basis, a light duty emergency response SUV is needed to efficiently respond. The purchase of this 2021 Chevrolet 1500 pickup truck will be assigned to the Fire Chief and will allow re-assignment of the current Fire Chief vehicle (2017 Ford Explorer) as Squad 681. The squad concept will benefit our community in several ways while providing a layer of protection for first responders and patients against infectious diseases during EMS responses. This program adds many benefits in cost reduction, personnel and patient safety, and increased services to our community. The squad will prove to be a unique and effective tool that will set Trophy Club apart from other communities. Some of the benefits provided by a full-time squad concept will be: • Reduction of first responder and patient exposure to communicable diseases • Quicker response to back-to-back emergencies (nullify 18-25 minute secondary responses from neighboring agencies) Town Council Meeting Page 14 of 171 October 13, 2020 Page 2 of 2 • Increase lifespan of front-line fire apparatus due to decreased mileage, and wear and tear • Add a more nimble, small emergency response SUV into the squad role full time • Safe and timely patient care to our community due to quicker, more efficient EMS responses • Ability to implement Community Paramedicine program to limit high-volume responses • Ability to increase community risk reduction measures Financial Considerations: The total purchase price is $44,676.23, including ($11,458.23) installation of emergency response package. A cost not to exceed $50,000 was approved by Town Council as part of FY 2020-21 Budget. The vendor is a member of the Tarrant County Purchasing Contract (2019- 014). Legal Review: Town Attorney David Dodd has reviewed the purchase for adherence to both the Tarrant County Purchasing ILA and contract Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of a 2021 Chevrolet 1500 pickup in order to facilitate a permanent squad response. Attachments: • Reliable Chevrolet 2021 Quote (Total cost $44,676.23) • MalTech quote for Emergency Response equipment (included in Total cost of $44,676.23) Town Council Approval: Mayor C. Nick Sanders or designee Town Council Meeting Page 15 of 171 October 13, 2020 RELIABLE CHEVROLET HOME OF THE ENFORCER POLICE PACKAGE Date Valid Until Quote # Customer ID Subtotal $44,676.23 Discount - Sales Tax Rate Sales Tax - Total $44,676.23 $44,676.23 Tel: 972-952-1561 Fax: 972-952-8172 E-mail: dadams@reliablechevrolet.com Web: www.reliablechevrolet.com Signature Print Name Date Thank you for your business! Should you have any enquiries concerning this quote, please contact Doug Adams on 972-952-1561 800 NORTH CENTRAL EXPRESSWAY, RICHARDSON, DALLAS, TEXAS, 75080 Please confirm your acceptance of this quote by signing this document DELIVERY (OPTIONAL) FROM RELIABLE TO MAL TECH TO TROPHY CLUB 100.00 Special Notes and Instructions TARRANT CO CONTRACT ENDS 12/3/20 THIS QUOTE DOES NOT INCLUDE DEALER SCHEDULED MAINTENANCE 0.00% PURCHASE ORDER IS REQUIRED TO SUBMIT WITH ORDER NUMBERS TO GM TOTAL FOR (1) UNITS Above information is not an invoice and only an estimate of services/goods described above. Payment will be collected in prior to provision of services/goods described in this quote. A2X - POWER SEAT - 290 BG9 - RUBBER FLOORING - 0 290.00 UF2 - LED BED LIGHTING - 125, U2K - XM RADIO - 100, CGN - SPRAY BED LINER - 595, ONSTAR - 175 995.00 TOTAL UPFIT BY MAL TECHNOLOGIES LIKE GARY'S RED TRUCK 11,458.23 JL1 - TRAILER BRAKE CONTROLLER - 275 PZX - 18" ALUM WHEELS - 650 925.00 ZLQ - WT FLEET CONV PKG INCL KEYLESS ENTRY, EZ LIFT TG, CRUISE, PWR MIRROR - 695 695.00 Z71 - OFF ROAD PKG - 945 5H1 - 2 ADDITIONAL KEYS - 45 990.00 PLUS THE FOLLOWING FACTORY ORDERED OPTIONS: DEALER INSTALL REMOTE START 470.00 AKO - DEEP TINT GLASS - 200 (DOES NOT INCLUDE DRIVER/PASS WINDOWS)200.00 Z82 - TRAILER PKG - 395 R30 - 18" DURATRAC TIRES - 495 890.00 POWER OUTLET, HIGH CAPACITY AIR CLEANER, CALIBRATION AND SUVELILLANCE MODE INTERIOR AND EXTERIOR LIGHTING, POWER MIRRORS, EZ LIFT TAILGATE, 40/20/40 FRONT BENCH, 6900 GVWR, APPLE CAR PLAY, BACKUP CAMERA BRAKES, LOCKING DIFFERENTIAL, COOLERS, 24 GALLON FUEL TANK, POWER DOOR LOCKS, TILT, BLUETOOTH, 3.42 REAR AXLE, 17" STEEL WHEELS, 220 AMP ALTERNATOR, KEYLESS ENTRY, CRUISE CONTROL, 120 VOLT BED MOUNT POWER OUTLET, 120 VOLT INSTRUMENT PANEL original contract wa s 2019 1/2 TON CREW CAB SWB 5.5' BED 4 WHDR SSV, CK10543 W/ 5W4, LINE 3B 27,663.00 ALL THE STANDARD EQUIPMENT AS PROVIDED BY CHEVROLET AND INCLUDED ON THE PROVIDED BUILDOUT SPEC DOC - INCLUDES V8 GAS, AUTO, A/C, AM/FM RADIO, POWER STEERING, POWER Description Line Total TOWN OF TROPHY CLUB THE QUOTE USES TARRANT CO 2019-014 REMINDER: TARRANT COUNT COUNTRACTS DO NOT INCLUDE ANY SUBSCRIPTION SERVICES SUCH AS ONSTAR/XM RADIO INBOUND 2021 ORDER AND DO NOT INCLUDE DEALER SCHEDULED MAINTENANCE EXTERIOR COLOR -WHITE OR RED THIS QUOTE DOES INCLUDE THE TRADE-INS GM HAS APPROVED 2021 MODEL TO BE EXTENDED ON THIS CONTRACT 2021 QUOTE Customer:Quote/Project Notes September 3, 2020 December 3, 2020 FOR GARY COCHRAN TOWN OF TROPHY CLUB Insert Your LogoInsert Your Logo Town Council Meeting Page 16 of 171 October 13, 2020 Town Council Meeting Page 17 of 171 October 13, 2020 Mal Technologies 1018 Rushmore Allen, TX 75002 US +1 2145491830 von@maltechnologies.com ADDRESS RELIABLE CHEVROLET 800 N. CENTRAL EXPY. RICHARDSON, TEXAS 75080 USA Estimate 1019 DATE 08/28/2020 EXPIRATION DATE 10/28/2020 DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT Miscellaneous CODE 3 TRI COLOR VISOR LIGHTS 1 910.24 910.24 Miscellaneous CODE 3 VISOR BRACKET 1 31.39 31.39 Miscellaneous CODE 3 MATRIX SIREN/LIGHT CONTROL W/DUAL TONE 1 1,204.92 1,204.92 Miscellaneous CODE 3-100 WATT SIREN SPEAKER 2 206.05 412.10 Miscellaneous WESTIN NERF BARS 1 496.80 496.80 Miscellaneous CODE 3 RED/WHITE LED FOR INTERSECTION AND FORWARD FACING MIRROR W/ STEADY WHITE 2 101.32 202.64 Miscellaneous CODE 3 BLUE/WHITE LED FOR INTERSECTION AND FORWARD FACING MIRROR W/ STEADY WHITE 2 101.32 202.64 Miscellaneous CODE 3 OUTLINERS RED/WHITE BELOW DRIVER SIDE DOORS 1 363.06 363.06 Miscellaneous CODE 3 OUTLINERS BLUE/WHITE BELOW PASSENGER SIDE DOORS 1 363.06 363.06 Miscellaneous CODE 3 FORWARD MIRROR BRACKET 2 26.92 53.84 Miscellaneous GO RHINO INTERSECTION BRACKET 1 29.89 29.89 Miscellaneous MTFS.DEALER PREP 1 500.00 500.00 Miscellaneous G2 BAKFLIP 1 881.60 881.60 Miscellaneous CODE 3 XTP4MCRB MOUNTING BRACKETS FOR REAR UPPER CAB 2 18.145 36.29 Town Council Meeting Page 18 of 171 October 13, 2020 DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT Miscellaneous CODE 3 RED/BLUE LED FOR UPPER REAR CAB AND LICENSE PLATE BRACKET 4 71.8875 287.55 Miscellaneous LUND SHORT STACK CONSOLE 1 335.69 335.69 Miscellaneous INSTALL KIT 1 135.00 135.00 Miscellaneous RADIO KIT 1 49.98 49.98 Miscellaneous LICENSE PLATE XTP4MC BRACKET 1 27.00 27.00 Miscellaneous SHOP LABOR 28 100.00 2,800.00 Miscellaneous CODE 3 COMPARTMENT LIGHTING FOR BED 2 78.815 157.63 Miscellaneous CODE 3 RED/BLUE MICRO LED FOR REAR BUMPER STEP 2 71.305 142.61 Miscellaneous CODE 3 TRIPLE STACK RED/WHITE FOR PUSH BUMPER FORWARD FACING W/STEADY WHITE 1 195.39 195.39 Miscellaneous CODE 3 TRIPLE STACK BLUE/WHITE FOR PUSH BUMPER FORWARD FACING W/STEADY WHITE 1 195.39 195.39 Miscellaneous CODE 3- 25" COMBO FLOOD/SPOT UTILITY LED LIGHT FOR PUSH BUMPER 1 412.40 412.40 Miscellaneous CODE 3 RED LED FOR TAIL LIGHT DRIVERS SIDE 1 65.56 65.56 Miscellaneous CODE 3 BLUE LED FOR TAIL LIGHT PASSENGER SIDE 1 65.56 65.56 Miscellaneous MTFS.POWDER COATING WHEELS 4 137.50 550.00 Miscellaneous SHIPPING 1 350.00 350.00 DOUG, THIS IS FOR TROPHY CLUB FIRE. I THINK IT IS AN EXACT MATCH FROM WHAT WE CAN RECALL. LET ME KNOW IF YOU SEE SOMETHING WE LEFT OUT. jay@maltechnologies.com TOTAL $11,458.23 Accepted By Accepted Date Town Council Meeting Page 19 of 171 October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-301-T Name: Status:Type:Agenda Item Draft File created:In control:9/24/2020 Town Council On agenda:Final action:10/13/2020 Title:Take appropriate action for the purchase of Two Police Vehicles (Tahoes) from Freedom Chevrolet for the Police Department in the amount of $65,000 (P. Arata). Attachments:Staff Report - PD Vehicle Replacement.pdf Tarrant County Contract Vehcile Pricing.pdf Freedom Chevrolet Quote for TCPD.pdf Vehcile Evaluation Report #2.pdf Vehicle Evaluation Report.pdf Action ByDate Action ResultVer. Take appropriate action for the purchase of Two Police Vehicles (Tahoes) from Freedom Chevrolet for the Police Department in the amount of $65,000 (P. Arata). Town Council Meeting Page 20 of 171 October 13, 2020 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: Replacement Fleet Vehicle Program Town Council Meeting, October 13, 2020 Agenda Item: Take appropriate action for the purchase of two police vehicles for the Police Department. (P. Arata) Strategic Link: Safety & Security: Achieve exceeding high standards for public safety and low crime rate. Background and Explanation: The Police Department is requesting replacement vehicles under the Towns Vehicle Replacement program. The Police Department will replace two police vehicles, which meet the replacement criteria. The vehicles are to be purchased using the Tarrant County contract Buyboard 603-20. This request is part of the council approved CCPD 2020-2021 budget. (See attached) Financial Considerations: 2020 – 2021 CCPD Budgeted the replacement items at $65,000.00 Legal Review: The Town Attorney has reviewed this item and concurs with the staff recommendation. Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends Council approve the request for the replacement of two police vehicles. Town Council Meeting Page 21 of 171 October 13, 2020 Page 2 of 2 Attachments: • Vehicle Evaluation Summary Report • Freedom Chevrolet Quote • Tarrant County Contract Vehicle purchase sheet Town Council Approval: Mayor C. Nick Sanders or designee Town Council Meeting Page 22 of 171 October 13, 2020 Bid No. 2019-014 Annual Contract for the Purchase of Police Package Vehicles -Awards by Line Item Item Descriotion Primary 1 Primary 2 Primary 3 SECTION I -SEDANS 1 DODGE Freedom CDJR Grapevine DCJ, LLC N/A A Charger Pursuit, Patrol, 4-Door $21 ,399 .00 $21 ,497 .00 N/A Sedan, RWD Brand I Mo del Charger 27A Charger Pursu it N/A Delivery Time ARO in Days 60 -100 50-80 N/A Freedom CDJR Grapevine DCJ , LLC N/A B Charger Pursuit, Patrol , 4-Door $24 ,475 .00 $24 ,555 .00 N/A Sedan, AWD Brand I Mo del Charger 29A Cha rger Pursu it AWD N/A Deli very Tim e ARO in Days 60 -100 90-140 N/A 2 FORD Sam Pack's Five Star Ford Holiday Ford Rockdale Country Ford A Responder, Hybrid Sedan $26 ,613 .00 $26 ,877.34 $26 ,984 .00 Brand I Model Fusion POA Responder Fusion Responder De livery Tim e A RO in Days 90-120 90 -120 150 SECTION II -PICKUPS 3 CHEVROLET Caldwell Country Chevrolet Lake Country Chevrolet Reliable Chevrolet Chevrolet 1500 Crew Cab, Special A Service Vehicle , 2WD , Model $25 ,320 .00 $25 ,391 .00 $25 ,403 .00 CC10543 , 5.3L VS Brand I Mod el CC10543 CC10543 CC10543 Del ivery Ti me ARO in Days 150 90 -120 75 -90 Caldwell Country Chevrolet Holiday Chevrolet Reliable Chevrolet Chevrolet 1500 Crew Cab , Special B Service Vehicle, 4WD , Model $27 ,278 .00 $27 ,638 .00 $27 ,663 .00 CK10543 , 5.3L VS Bran d I Mod el CK10543 CK10543 CK10543 De livery Tim e ARO in Days 150 90 -120 75-90 4 DODGE RAM Freedom CDJR Grapevine DCJ , LLC N/A Ram 1500 Crew Cab Pickup, Special A Service Vehicle , 4X4, Model DS6T9S , $24 ,572 .00 $24 ,736 .00 N/A 5.7L VS Brand I Mo del 1500 ssv 1500 ssv N/A Delive ry Tim e ARO in Days 90 -120 75 -120 NIA 5 FORD Rockdale Country Ford Sam Pack's Five Star Ford Randall Reed's Prestige Ford Ford F-150 Super Cab , Special A Serv ice Vehicle, 2WD, Model X1C , $24 ,37 5.00 $24 ,397 .00 $25 ,300 .00 5.0L VS Brand I Model X 1C X1C X1C Del ive ry Tim e A RO in Days 150 90 -120 75-110 Sam Pack's Five Star Ford Rockdale Country Ford Randall Reed's Prestige Ford Ford F-150 Crew Cab, Special B Service Vehicle, 2WD, Model W1C , $25 ,790 .00 $25 ,885 .00 $26 ,700 .00 5.0L VS Brand I Mod el W1C W1C W1C Delivery Time ARO in Days 90 -120 150 75 -110 Rockdale Country Ford Sam Pack's Five Star Ford Holiday Ford Ford F-150 Super Crew, Pursuit c Responder, 4WD, Model W1 P, 3.5L $32 ,488.00 $32 ,595 .00 $32 ,920.68 V6 EcoBoost Brand I Mo del W1P W1P W1P Deli very Tim e ARO in Days 150 90 -120 90-120 Town Council Meeting Page 23 of 171 October 13, 2020 Bid No. 2019-014 Annual Contract for the Purchase of Police Package Vehicles -Awards by Line Item Item Description Primary 1 Primary 2 Primary 3 SECTION Ill • UTILITY VEHICLES 6 CHEVROLET TAHOE Freedom Chevrolet Holiday Chevrolet Caldwell Country Chevrolet Chevrolet Tahoe, Police Package, A 1FL (9C1) 2WD, Model CC15706, 5.3L vs Option A : Spot Lamp, Left Hand, Seoaratelv Fused , Code 7X6 Option B : Push Bumper (G o Rhino), Center Mount Only, or approved equal Option C : Color, Summit White, Code GAZ Option D: Vinyl Rear Seating, Code 5T5 Option E: Delete Center Console: SEO 9U3 20% Seat Delete. Cloth Front 40/40 Individual Seats, Code AZ3 . Option 9U3 Standard 10 Way Power Driver Seal 6-Way Power Passenger Seat Total For Item 6A : $30 ,600.00 $30 ,644 .00 $30 ,875 .00 Brand I Model CC15706 CC15706 CC15706 Delivery Time ARO in Days 60-90 60-90 150 Chevrolet Tahoe , Police Package, B 1 FL (9C1) 4WD , Model CK15706, 5.3L Lake Country Chevrolet Holiday Chevrolet Freedom Chevrolet vs Option A: Spot Lamp, Left Hand , Seoaratelv Fused , Code 7X6 Option B: Push Bumper (Go Rhino), Center Mount Only, or approved eaual Option C: Color, Summit White, Code GAZ Option D: Vinyl Rear Seating, Code 5T5 Option E: Delete Center Console: SEO 9U3 20% Seat Delete. Cloth Front 40/40 Ind ividual Seats, Code AZ3 . Option 9U3 Standard 10 Way Power Driver Sea l 6-Way Power PassenaerSeal Total For Item 6B : $33,048.00 $33 ,468 .00 $3 3,600 .00 Brand I Model CK15706 CK15706 CK15706 Delivery Time ARO in Days 90-120 60-90 60-120 Chevrolet Tahoe , Spec ial Service, c (5W4), 1FL 4WD, Model CK15706, Holiday Chevrolet Caldwell Country Chevrolet Reliable Chevrolet 5.3L VS Option A : Spot Lamp, Left Hand, Separately Fused, Code 7X6 Option B : Push Bumper (Go Rhino), Center Mount Only, or approved eaual Option C : Color, Summit White, Code GAZ Total For Item 6C: $32 ,852 .00 $33 ,075 .00 $33, 156.00 Brand I Model CK15706 CK15706 CK15706 Delivery Time ARO in Days 60-90 150 65-85 7 CHEVROLET SUBURBAN Caldwell Country Chevrolet Lake Country Chevrolet Reliable Chevrolet Chevrolet Suburban, 1500 A Commercial 1FL, 2WD, Model $37 ,875.00 $38,034 .00 $38 ,064 .00 CC15906 , 5.3L VS Brand I Model CC15906 CC15906 CC15906 Del ivery Time AR O in Days 120 90-120 65-85 Holiday Chevrolet Caldwell Country Chevrolet Reliable Chevrolet Chevrolet Suburban, 1500 B Commercial 1FL, 4WD , Model $40 ,498 .00 $40 ,625 .00 $40,800 .00 CC15906, 5.3L VS Brand I Model CK15906 CK15906 CK15906 Delivery Time ARO in Days 60-90 120 65-85 Town Council Meeting Page 24 of 171 October 13, 2020 Name Date 10/1/2020 Address Order No.TCPD City State TX ZIP Rep BDS Phone FOB Inc Qty Unit Price TOTAL 2 32,500.00$ $65,000.00 Subtotal $65,000.00 Shipping & Handling INC Cash Taxes State Check Credit Card TOTAL $65,000.00 Name CC # Expires Description 2020 PPV Tahoe black with spotlight TCCOOP 2019-014 PLEASE REMIT PAYMENT TO FREEDOM CHEVROLET TERMS: NET 30 Office Use Only 56454 Town of Trophy Club Freedom Chevrolet PLEASE MAIL PAYMENT TO: 8008 Marvin D. Love Fwy Dallas, Tx. 75237 FREEDOM CHEVROLET 8008 MARVIN D LOVE FWY DALLAS, TEXAS 75237 972-707-9474 fax 214-350-0085 Invoice Payment Details Customer Town Council Meeting Page 25 of 171 October 13, 2020 Vehicle/Equipment Evaluation Summary Report Item #: _ ___,_/-"'CJ__'---{)--"-3 ____ _ Evaluation/Report Date: 19 (?-o :io Department Assignment: ___ _.H'---=u'-'-(_1_v-_fl _ __:__{0_1'i_,__(_/_v -'--/ _________ _ Year: d 0 ( :;._ Make: ck 11 c.J Model: ~ l,,,_o e -~--------------- Description/Use : ?~lt...,(i ---~-------------------- Summary Values Age _______ Base Age from Policy ______ _ Mileage 8 C, o o u Base Mileage 6 0 o o o -~~~7------- Purchase Cost: ______ Total M&R: 1tf> fe.. + Book Value : ______ Est Repair Cost: ~ :200° ~ Total Points Comments and other considerations : /-t,_, r v I{ 4 <-<.-{"' 1 r 1 "' /Jo 0 .1 -~~~---~---------- Town Council Meeting Page 26 of 171 October 13, 2020 Vehicle/Equipment Evaluation Summary Report Evaluation/Report Date: ID po;;. D I Department Assignment: ----~P_o_L 1-_c_t1-_~P_rt_T_v1_.>_{ ________ _ Year: ::L 0 L ,,.~ Description/Use: ___ _.{1.___l_t.-_U{ ___ p_Ai_G_/_v_{ __________ _ Summary Values Age _______ Base Age from Policy ___ 3 _____ Points : __ L-{~- Mileage / ()6, O Do Base Mileage G O r:>oi> Points: , I ___ __,.______ --- Purchase Cost: Total M&R: ~;;;>0 /-< 'f-------Points: __ Lf~- Book Value: -~C? ____ Est Repair Cost: ~/SOD ~ Points: __ 'f~- Total Points Comments and other considerations: <'/Ztt.J lL-i.-C-tA-1 !/ '14-uti 7Jt~ Pv L ..,Ut &5 u,., p vt-t /Y-rl fdtz~..,;e. ~cf) u--J1?l -hi.( n~ Town Council Meeting Page 27 of 171 October 13, 2020 Vehicle/Equipment Evaluation Summary Report Item #: __ l_'-f 0 0 Evaluation/Report Date: I 0 po~ D I Department Assignment: ___ __..P-=-o_l_i.. _c1. _ __._P-'-,1;-'--T_,,,,_.>..;._(_-'-f'..__,_7 _____ _ Year: :l-0 l tf Make: Cl-i.~v Model : 7;i..£wt! -----~----- Descriptio n/Us e : ___ ~[b_w ____ p_,&_t_/_0_{ ___ µ_~? _____ _ Summary Values A ge -~'---------Base Age from Policy __ 3 _____ Points: __ '1~- Mileage . 3 S-: .s"'o~ \ase Mileage G 0 iJOD Points: v r -------'"------------- Purchase Cost: Total M&R: ~;;)0 I ~ +-------Points: __ 1~- Book Value : -~O ____ Est Repair Cost: -f. JSOD ~ Points: __ 'f..____ Total Points Comments and other considerations : '771<..J o-i. T t.A-1 // i.4-va YJt,,t Town Council Meeting Page 28 of 171 October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-303-T Name: Status:Type:Agenda Item Draft File created:In control:9/24/2020 Town Council On agenda:Final action:10/13/2020 Title:Take appropriate action for the installation of Equipment from Dana Safety Supply for the Two Police Vehicles (Tahoes) in the amount of $30,000 (P. Arata). Attachments:Staff Report - PD Vehicle Replacement Equipment Request.pdf TCPD - Dana Safety Supply Quote #2.pdf TCPD - Dana Safety Supply Quote.pdf Action ByDate Action ResultVer. Take appropriate action for the installation of Equipment from Dana Safety Supply for the Two Police Vehicles (Tahoes) in the amount of $30,000 (P. Arata). Town Council Meeting Page 29 of 171 October 13, 2020 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: Equipment purchase the for Police Vehicles Town Council Meeting, October 13, 2020 Agenda Item: Take appropriate action for the installation of Equipment for the two new police vehicles (P. Arata). Strategic Link: Safety & Security: Achieve exceeding high standards for public safety and low crime rates. Background and Explanation: The Police Department is requesting the purchase of new equipment for the police vehicles. The equipment will include new traffic control light bars, transport units, accessories and installation. This request is part of the council approved CCPD 2020-2021 budget. This is a Buyboard contract 603-20 purchase. (See attached) Financial Considerations: Approved in the 2020 – 2021 CCPD Budgeted: $30,000 Legal Review: The Town Attorney has reviewed this item and concurs with the staff recommendation. Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends Council approve the request. Town Council Meeting Page 30 of 171 October 13, 2020 Page 2 of 2 Attachments: • Fleet Safety. INC. quote o Patrol Vehicle o K9 Unit Town Council Approval: Mayor C. Nick Sanders or designee Town Council Meeting Page 31 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD. FORT WORTH, TX Sales Quote 358799-A TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: 682-237-2954 STEVE WOODARD 682-888-4235 SCOTT BEAL Payment MethodCustomer PO NumberF.O.B.Ship Via net30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthScott Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 09/29/20 E-mail: E-mail: SWOODARD@TROPHYCLUB.ORG SBEAL@DANASAFETYSUPPLY.COM 1 1 N 0.00 0.0000INFOa5VH0TMIKB 358799BUYBOARD CONTRACT 603-20 Warehouse: FTWO Vin #: Buy-Board Contract number is 524-17 Standard DSS/Fleet Safety warranty is 5 years. However, DSS/Fleet Safety Ft Worth location offers a LIFETIME WARRANTY on all installation and wiring harness, minus manufacturer defect. Standard manufacturers warranty applies to actual equipment installed. Warranty may be voided if wiring harness or equipment installed by DSS/Fleet Safety has been tampered with or otherwise modified. Please contact DSS/Fleet Safety Ft Worth location for questions or before any repairs or modifications are made. 1 1 N 0.00 0.0000INFOa5VH0TNJQF 358799TROPHY CLUB PD 2020 CHEVY TAHOE PPV Warehouse: FTWO Vin #: 1 1 Y 2,795.00 2,795.0000EVPa5VH0TSD78 358799WHELEN LIGHTBAR AND SIREN PACKAGE Warehouse: FTWO Vin #: 1 1 Y 0.00 0.0000GB2SP3Ja5VH0TP77H 358799WEC WHELEN 54" DUO LEGACY LIGHT BAR Warehouse: FTWO Vin #: DRIVER FRONT: RED/WHITE DRIVER REAR: RED/AMBER PASS. FRONT: BLUE/WHITE PASS. REAR: BLUE/AMBER FULL TAKEDOWN FRONT. TRAFFIC ADVISOR REAR 09/29/20 03:19:58 PM 1Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VH0TP77H 358799 Town Council Meeting Page 32 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD. FORT WORTH, TX Sales Quote 358799-A TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: 682-237-2954 STEVE WOODARD 682-888-4235 SCOTT BEAL Payment MethodCustomer PO NumberF.O.B.Ship Via net30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthScott Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 09/29/20 E-mail: E-mail: SWOODARD@TROPHYCLUB.ORG SBEAL@DANASAFETYSUPPLY.COM 1 1 Y 0.00 0.0000CCSRN3a5VH0TMJTG 358799WHELEN REMOTE SIREN & 18-BUTTON CONTROL SYSTEM Warehouse: FTWO Vin #: REPLACES CCSRN2 CENCOM GOLD SIREN/SWITCH (DISCONTINUED) INCLUDES: AMP/RELAY MODULE, CONTROL HEAD, MIC, 20' MICROPHONE EXTENSION AND CABLES ******************************************************** 1 1 Y 0.00 0.0000SA315Pa5VH0TMJTV 358799Whelen 100W Compact Black Composite 122DB Speaker Warehouse: FTWO Vin #: MOUNTING BRACKET SOLD SEPERATELY - *********************************** 1 1 Y 0.00 0.0000SAK9a5VH0TMJUB 358799WEC UNI/SWIVEL MOUNT BRACKET FOR SA315P Warehouse: FTWO Vin #: 1 1 Y 899.00 899.0000BK2019TAH15a5VH0TMJUC 358799SMC 4-LIGHT PUSH BUMPER 2015+ TAHOE - WHELEN IONS Warehouse: FTWO Vin #: 09/29/20 03:19:58 PM 2Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VH0TMJUC 358799 Town Council Meeting Page 33 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD. FORT WORTH, TX Sales Quote 358799-A TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: 682-237-2954 STEVE WOODARD 682-888-4235 SCOTT BEAL Payment MethodCustomer PO NumberF.O.B.Ship Via net30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthScott Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 09/29/20 E-mail: E-mail: SWOODARD@TROPHYCLUB.ORG SBEAL@DANASAFETYSUPPLY.COM 1 1 Y 62.78 62.7800SSFPOSI6a5VH0TMJZI 358799WEC H/L & T/L PLUG-IN FLASHER 2006+ PPG IMPALA & TAHO Warehouse: FTWO Vin #: E-Z INSTALL PLUG-IN FOR 2006+ IMPALA, CAPRICE, & TAHOE POLICE PACKAGE VEHICLES ONLY. ******************************************* NOTE: WILL NOT WORK WITH HID OR PROJECTION HEADLIGHTS. ******************************************* 1 1 Y 53.39 53.3900ULF44a5VH0TMK4A 358799WEC 4-OUTLET, 4 CHANNEL 60W LED FLASHER Warehouse: FTWO Vin #: Whelen Taillight flasher OVER 60 FLASH PATTERNS, ALLOWING FOR ALTERNATING, SIMULTANEOUS & SYNCHRONIZED FLASHING LIGHTHEADS. ************************************************************ ******* 1 1 Y 231.73 231.7300MBCT15JJa5VH0TMK4Q 358799WEC MIRROR BEAM SPLIT RED BLUE Warehouse: FTWO Vin #: Whelen mirror lights using ION Split lightheads in RED/BLUE 09/29/20 03:19:58 PM 3Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VH0TMK4Q 358799 Town Council Meeting Page 34 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD. FORT WORTH, TX Sales Quote 358799-A TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: 682-237-2954 STEVE WOODARD 682-888-4235 SCOTT BEAL Payment MethodCustomer PO NumberF.O.B.Ship Via net30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthScott Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 09/29/20 E-mail: E-mail: SWOODARD@TROPHYCLUB.ORG SBEAL@DANASAFETYSUPPLY.COM 1 1 Y 25.50 25.5000IONBKT1a5VH0TMK56 358799WEC ION LICENSE PLATE BRACKET (HORIZ) Warehouse: FTWO Vin #: Rear License Plate Light bracket: Whelen horizontal mount License Plate bracket for mounting the following two lightheads: - I2D (driver side lighthead RED/WHITE) - I2E (passenger side lighthead BLUE/WHITE) *Install with white override for reverse lighting* 1 1 Y 101.49 101.4900I2Da5VH0TMK57 358799WEC DUO LINEAR ION RED/WHITE BLK LP Light Warehouse: FTWO Vin #: Rear License Plate Light Mount on IOBKT1 on driver side *Install with white override for reverse lighting* 1 1 Y 101.49 101.4900I2Ea5VH0TMK5L 358799WEC DUO LINEAR ION BLUE/WHITE BLK LP Light Warehouse: FTWO Vin #: Rear License Plate Light Mount using IONBKT1 passenger side *Install with white override for reverse lighting* 09/29/20 03:19:58 PM 4Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VH0TMK5L 358799 Town Council Meeting Page 35 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD. FORT WORTH, TX Sales Quote 358799-A TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: 682-237-2954 STEVE WOODARD 682-888-4235 SCOTT BEAL Payment MethodCustomer PO NumberF.O.B.Ship Via net30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthScott Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 09/29/20 E-mail: E-mail: SWOODARD@TROPHYCLUB.ORG SBEAL@DANASAFETYSUPPLY.COM 1 1 Y 110.88 110.8800PELCBa5VH0TMK5M 358799WEC PERIMETER ENHANCEMENT LIGHT BLK / WHITE Warehouse: FTWO Vin #: Whelen Perimeter Enhancement Light with BLACK housing and WHITE light. Mount on tailgate below glass to illuminate front area of cargo box 3 3 Y 150.00 50.00003SRCCDCRa5VH0TMK61 358799WEC 3" RND SUPER-LED COMPARTMENT SPLIT R/C Warehouse: FTWO Vin #: RED & WHITE LEDS HAVE SEPERATE CONTROLS ****************************************** 1 - driver compartment 1 - rear passenger compartment 1 - cargo area 6 6 Y 534.00 89.0000EMPS2QMS4Ja5VH0TMK6G 358799SOI MPOWER FASCIA 4"12-LED QUICK MNT RED/BLUE Warehouse: FTWO Vin #: RED/BLUE TO BE MOUNTED ON REAR PILLARS 3 EACH SIDE 6 6 Y 42.00 7.0000PMP2WDG15Ba5VH0TMK6H 358799SOI MPOWER 4" 15 DEGREE WEDGE BLACK pillar Warehouse: FTWO Vin #: Sound Off 15 degree wedge kit for 4" mPower Fascia lightheads mounted on the rear pillar and corrected for illumination angle on factory installed rear pillar fascia. 09/29/20 03:19:58 PM 5Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VH0TMK6H 358799 Town Council Meeting Page 36 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD. FORT WORTH, TX Sales Quote 358799-A TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: 682-237-2954 STEVE WOODARD 682-888-4235 SCOTT BEAL Payment MethodCustomer PO NumberF.O.B.Ship Via net30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthScott Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 09/29/20 E-mail: E-mail: SWOODARD@TROPHYCLUB.ORG SBEAL@DANASAFETYSUPPLY.COM 6 6 Y 588.00 98.0000EMPS2QMS5RBWa5VH0TMK6W 358799SOI MPOWER FASCIA 4"18-LED QUICK MNT RED/BLUE/WHITE Warehouse: FTWO Vin #: RED BLUE WHITE TO BE MOUNTED ON RUNNING BOARDS 3 EACH SIDE 6 6 Y 42.00 7.0000PMP2WDG35Ba5VH0TMK6X 358799SOI MPOWER 4" 35 DEGREE WEDGE BLACK Warehouse: FTWO Vin #: 09/29/20 03:19:58 PM 6Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VH0TMK6X 358799 Town Council Meeting Page 37 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD. FORT WORTH, TX Sales Quote 358799-A TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: 682-237-2954 STEVE WOODARD 682-888-4235 SCOTT BEAL Payment MethodCustomer PO NumberF.O.B.Ship Via net30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthScott Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 09/29/20 E-mail: E-mail: SWOODARD@TROPHYCLUB.ORG SBEAL@DANASAFETYSUPPLY.COM 1 1 Y 850.00 850.0000CC-FW-TH18WBLa5VH0TMLGW 358799TROY, FTWO CONSOLE PKG Warehouse: FTWO Vin #: Troy Products 13.25" wide-body console KIT: FW-TH18WB features Panels pre-punched with speaker grill, DC outlet and AC duplex outlet holes Panels include AC duplex and power cord KIT FW-TH18WB INLUDES: - AC-TH15-WB: console floor mount - CM-SDMT-SA-LED: Comp mnt and motion attachment - SP-F-THOS-BL7: Storage support - AC-F-TH-WALL: Bulkhead wall for computer mount - AC-RAIL-7: Faceplate rails for 7" mounting section - AC-INBHG: 2 cup beverage holder - AC-ARMMNT: Swivel/Flip-up armrest and mount - FP-TH15-USBDC: USB/DC outlet faceplate Console package also includes 3 faceplates for required equipment and necessary filler plates. Included faceplates: - - - 1 1 Y 120.00 120.0000COP6301a5VH0UDECO 358799COPELAND TOP H.A.T. SS Warehouse: FTWO Vin #: 2 2 Y 68.00 34.0000MMSU-1a5VH0UESPL 358799MAGNETIC MIC SINGLE UNIT CONVERSION KIT Warehouse: FTWO Vin #: 09/29/20 03:19:58 PM 7Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VH0UESPL 358799 Town Council Meeting Page 38 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD. FORT WORTH, TX Sales Quote 358799-A TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: 682-237-2954 STEVE WOODARD 682-888-4235 SCOTT BEAL Payment MethodCustomer PO NumberF.O.B.Ship Via net30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthScott Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 09/29/20 E-mail: E-mail: SWOODARD@TROPHYCLUB.ORG SBEAL@DANASAFETYSUPPLY.COM 1 1 Y 300.00 300.0000GRACPHIC-TROPHY 1a5VH0TMLLO 358799GRAPHICS TROPHY CLUB POLICE DEPARTMENT Warehouse: FTWO Vin #: 1 1 Y 175.00 175.0000GRAPHICS INSTALLa5VH0TMMFM 358799GRAPHICS INSTALL Warehouse: FTWO Vin #: 1 1 Y 546.87 546.8700TP-E-SL1-FS-SSKPa5VH0TMMGI 358799TROY, FTWO CONSOLE KIT Warehouse: FTWO Vin #: 1 1 Y 550.00 550.0000REMOVALa5VH0TMNF8 358799REMOVAL OF BELOW LISTED EMERGENCY EQUIPMENT Warehouse: FTWO Vin #: REMOVE FROM UNIT 1500 AND RE-INSTALL INTO NEW UNIT PRISONER SEAT RADIO RADAR WATCHGUARD CAMERA SYSTEM STORAGE UNIT NEW FACTORY SEAT FROM THIS UNIT INSTALLED INTO UNIT 1500 1 1 Y 45.00 45.00005025a5VH0UMLUA 358799BLUE SEA 6-CIRCUIT ST BLADE FUSE BLOCK WITH COVER Warehouse: FTWO Vin #: 1 1 Y 50.00 50.00005026 BLUESEAa5VH0UMM8L 358799BLUE SEA 12-CIRCUIT ST BLADE FUSE BLOCK WITH COVER Warehouse: FTWO Vin #: 09/29/20 03:19:58 PM 8Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VH0UMM8L 358799 Town Council Meeting Page 39 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD. FORT WORTH, TX Sales Quote 358799-A TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: 682-237-2954 STEVE WOODARD 682-888-4235 SCOTT BEAL Payment MethodCustomer PO NumberF.O.B.Ship Via net30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthScott Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 09/29/20 E-mail: E-mail: SWOODARD@TROPHYCLUB.ORG SBEAL@DANASAFETYSUPPLY.COM 1 1 Y 250.00 250.0000INSTALL KITa5VH0UMMND 358799MISC INSTALLATION SUPPLIES I.E. Warehouse: FTWO Vin #: LOOM, WIRE, HARDWARE, CONNECTORS, ETC ************************************************ 1 1 N 3,000.00 3,000.0000INSTALLa5VH0UMN1O 358799DSS INSTALLATION OF EQUIPMENT Warehouse: FTWO Vin #: 2019 Tahoe PPV Approved By: Approve All Items & Quantities Quote Good for 30 Days 09/29/20 03:19:58 PM 9Page No. Print Time Print Date Printed By: Scott Beal Order Total Freight Subtotal 12,092.13 400.00 11,692.13 a5VH0UMN1O 358799 Town Council Meeting Page 40 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD FORT WORTH, TX 76106 Sales Quote 359259-B TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthKim Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 10/01/20 E-mail: E-mail: 1 1 N 0.00 0.0000INFOa5VJ13CSUE 359259BUYBOARD #603-20 Warehouse: FTWO Vin #: 1 1 N 0.00 0.0000INFOa5VJ13JVTS 359259TROPHY CLUB PD 2020 CHEVY TAHOE PPV K9 Warehouse: FTWO Vin #: 1 1 Y 840.32 840.3200ISFW45Za5VJ13CSUT 359259WEC INNER EDGE FST WC 10-LT Warehouse: FTWO Vin #: 1 1 Y 939.84 939.8400CCSRN36a5VJ13CTBR 359259WEC CENCOM SAPPHIRE W/ ROTARY KNOB Warehouse: FTWO Vin #: 1 1 Y 216.48 216.4800SA315Pa5VJ13CTTJ 359259Whelen 100W Compact Black Composite 122DB Speaker Warehouse: FTWO Vin #: MOUNTING BRACKET SOLD SEPERATELY - *********************************** 1 1 Y 27.06 27.0600SAK9a5VJ13CTTK 359259WEC UNI/SWIVEL MOUNT BRACKET FOR SA315P Warehouse: FTWO Vin #: 10/05/20 11:17:06 AM 1Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VJ13CTTK 359259 Town Council Meeting Page 41 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD FORT WORTH, TX 76106 Sales Quote 359259-B TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthKim Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 10/01/20 E-mail: E-mail: 1 1 Y 21.50 21.5000IONBKT7a5VJ13CTTZ 359259WEC 2015+ TAHOE GRILLE MT BRACKETS - 4 UNIVERSAL IONS Warehouse: FTWO Vin #: Install in front grill using the following four ION lightheads: - I2D (inboard driver side) - I2E (inboard passenger side) - I2J (outboard) - I2J (outboard) 1 1 Y 107.58 107.5800I2Da5VJ13CUD3 359259WEC DUO LINEAR ION RED/WHITE BLK Warehouse: FTWO Vin #: Whelen ION Duo, Red/White Mounted in front grill using bracket IONBKT7 White override for takedown lighting 1 1 Y 107.58 107.5800I2Ea5VJ13CUD4 359259WEC DUO LINEAR ION BLUE/WHITE BLK Warehouse: FTWO Vin #: Whelen ION Duo, Blue/White Mounted in front grill using bracket IONBKT7 White override for takedown lighting 2 2 Y 215.16 107.5800I2Ja5VJ13CUDI 359259WEC DUO LINEAR ION RED/BLUE BLK Warehouse: FTWO Vin #: Whelen ION Split lightheads in RED/BLUE Front grill light 10/05/20 11:17:06 AM 2Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VJ13CUDI 359259 Town Council Meeting Page 42 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD FORT WORTH, TX 76106 Sales Quote 359259-B TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthKim Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 10/01/20 E-mail: E-mail: 1 1 Y 70.62 70.6200SSFPOSI6a5VJ13CUDJ 359259WEC H/L & T/L PLUG-IN FLASHER 2006+ PPG IMPALA & TAHO Warehouse: FTWO Vin #: E-Z INSTALL PLUG-IN FOR 2006+ IMPALA, CAPRICE, & TAHOE POLICE PACKAGE VEHICLES ONLY. ******************************************* NOTE: WILL NOT WORK WITH HID OR PROJECTION HEADLIGHTS. ******************************************* 1 1 Y 60.06 60.0600ULF44a5VJ13CUU0 359259WEC 4-OUTLET, 4 CHANNEL 60W LED FLASHER Warehouse: FTWO Vin #: Whelen Taillight flasher OVER 60 FLASH PATTERNS, ALLOWING FOR ALTERNATING, SIMULTANEOUS & SYNCHRONIZED FLASHING LIGHTHEADS. ************************************************************ ******* 1 1 Y 260.70 260.7000MBCT15JJa5VJ13CUUG 359259WEC MIRROR BEAM SPLIT RED BLUE Warehouse: FTWO Vin #: Whelen mirror lights using ION Split lightheads in RED/BLUE 10/05/20 11:17:06 AM 3Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VJ13CUUG 359259 Town Council Meeting Page 43 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD FORT WORTH, TX 76106 Sales Quote 359259-B TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthKim Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 10/01/20 E-mail: E-mail: 1 1 Y 25.50 25.5000IONBKT1a5VJ13CUUH 359259WEC ION LICENSE PLATE BRACKET (HORIZ) Warehouse: FTWO Vin #: Rear License Plate Light bracket: Whelen horizontal mount License Plate bracket for mounting the following two lightheads: - I2D (driver side lighthead RED/WHITE) - I2E (passenger side lighthead BLUE/WHITE) *Install with white override for reverse lighting* 1 1 Y 107.58 107.5800I2Da5VJ13CUUV 359259WEC DUO LINEAR ION RED/WHITE BLK LP Light Warehouse: FTWO Vin #: Rear License Plate Light Mount on IOBKT1 on driver side *Install with white override for reverse lighting* 1 1 Y 107.58 107.5800I2Ea5VJ13CUUW 359259WEC DUO LINEAR ION BLUE/WHITE BLK LP Light Warehouse: FTWO Vin #: Rear License Plate Light Mount using IONBKT1 passenger side *Install with white override for reverse lighting* 2 2 Y 469.92 234.9600AVC21RBa5VJ13Q7VA 359259WEC DUAL AVENGER II SOLO RED BLUE Warehouse: FTWO Vin #: CARGO WINDOWS 10/05/20 11:17:06 AM 4Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VJ13Q7VA 359259 Town Council Meeting Page 44 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD FORT WORTH, TX 76106 Sales Quote 359259-B TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthKim Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 10/01/20 E-mail: E-mail: 2 2 Y 207.24 103.6200TLI2Ja5VJ13CWH1 359259WEC ION T-SERIES LINEAR DUO R/B Warehouse: FTWO Vin #: Whelen ION T-Series Duo surface mount inside rear tailgate to display rearward when open. RED/BLUE one on each side of latch 1 1 Y 138.60 138.6000PELCBa5VJ13CX72 359259WEC PERIMETER ENHANCEMENT LIGHT BLK / WHITE Warehouse: FTWO Vin #: Whelen Perimeter Enhancement Light with BLACK housing and WHITE light. Mount on tailgate below glass to illuminate front area of cargo box 3 3 Y 162.36 54.12003SRCCDCRa5VJ13CX7I 359259WEC 3" RND SUPER-LED COMPARTMENT SPLIT R/C Warehouse: FTWO Vin #: RED & WHITE LEDS HAVE SEPERATE CONTROLS ****************************************** 1 - driver compartment 1 - rear passenger compartment 1 - cargo area 3 3 Y 237.99 79.3300EMPS2QMS2Ra5VJ13CX7J 359259SOI MPOWER FASCIA 4" 6-LED QCK MNT RED pillar Warehouse: FTWO Vin #: Sound Off 4" slim silicon fascia light RED Mount on DRIVER side of rear pillar using PMP2WDG15B; 15 degree wedge kit to correct angle of lighthead toward the rear using factory body fascia. 10/05/20 11:17:06 AM 5Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VJ13CX7J 359259 Town Council Meeting Page 45 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD FORT WORTH, TX 76106 Sales Quote 359259-B TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthKim Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 10/01/20 E-mail: E-mail: 3 3 Y 237.99 79.3300EMPS2QMS2Ba5VJ13CXT7 359259SOI MPOWER FASCIA 4" 6-LED QCK MNT BLUE pillar Warehouse: FTWO Vin #: Sound Off 4" slim silicon fascia light BLUE Mount on PASSENGER side of rear pillar using PMP2WDG15B; 15 degree wedge kit to correct angle of lighthead toward the rear using factory body fascia. 6 6 Y 30.00 5.0000PMP2WDG15Ba5VJ13CYFC 359259SOI MPOWER 4" 15 DEGREE WEDGE BLACK pillar Warehouse: FTWO Vin #: Sound Off 15 degree wedge kit for 4" mPower Fascia lightheads mounted on the rear pillar and corrected for illumination angle on factory installed rear pillar fascia. 10/05/20 11:17:06 AM 6Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VJ13CYFC 359259 Town Council Meeting Page 46 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD FORT WORTH, TX 76106 Sales Quote 359259-B TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthKim Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 10/01/20 E-mail: E-mail: 1 1 Y 490.63 490.6300CC-F-THOS-18-La5VJ13CYFS 359259TROY, Wide Body Console KIT Warehouse: FTWO Vin #: Troy Products 13.25" wide-body console KIT: FW-TH18WB features Panels pre-punched with speaker grill, DC outlet and AC duplex outlet holes Panels include AC duplex and power cord KIT FW-TH18WB INLUDES: - AC-TH15-WB: console floor mount - CM-SDMT-SA-LED: Comp mnt and motion attachment - SP-F-THOS-BL7: Storage support - AC-F-TH-WALL: Bulkhead wall for computer mount - AC-RAIL-7: Faceplate rails for 7" mounting section - AC-INBHG: 2 cup beverage holder - AC-ARMMNT: Swivel/Flip-up armrest and mount - FP-TH15-USBDC: USB/DC outlet faceplate Console package also includes 3 faceplates for required equipment and necessary filler plates. Included faceplates: - - - 1 1 Y 101.25 101.2500AC-TH15-WBa5VJ1465NC 359259Chevy Tahoe wide-body floor mount; One-piece mounting Warehouse: FTWO Vin #: 1 1 Y 131.25 131.2500CM-SDMT-SA-LEDa5VJ14CTB9 359259TROY, Console Side Swing Arm Docking Station Warehouse: FTWO Vin #: 10/05/20 11:17:06 AM 7Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VJ14CTB9 359259 Town Council Meeting Page 47 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD FORT WORTH, TX 76106 Sales Quote 359259-B TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthKim Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 10/01/20 E-mail: E-mail: 1 1 Y 24.95 24.9500SP-F-THOS-BL7a5VJ1465AB 359259TROY, 2015+ Tahoe wide-body open-storage support Warehouse: FTWO Vin #: 1 1 Y 16.25 16.2500AC-F-TH-WALLa5VJ145M6Q 359259TROY, 2015+ Tahoe wide-body open-storage bulkhead wall Warehouse: FTWO Vin #: 1 1 Y 14.57 14.5700AC-RAIL-7a5VJ14IBTP 359259TROY, Rail Warehouse: FTWO Vin #: 1 1 Y 19.50 19.5000AC-INBHGa5VJ145LSF 359259TRO 4" INTERNAL CONSOLE DUAL CUPHOLDER WITH FINGERS Warehouse: FTWO Vin #: CUP HOLDERS HAVE RUBBER FINGERS REPLACES p/n # AC-INTBH WHICH IS NLA ******************************************** 1 1 Y 69.38 69.3800MISCa5VJ14L1ZZ 359259TROY AC-ARMMNT-XL ARM REST Warehouse: FTWO Vin #: 1 1 Y 15.60 15.6000FP-TH15-USBDCa5VJ14L1KS 359259Troy Filler Plate w/12VDC & USB cut out Warehouse: FTWO Vin #: 1 1 Y 125.58 125.5800PDP-13a5VJ13CYXK 359259BI Power Distribution Panel w/ Timers Warehouse: FTWO Vin #: 10/05/20 11:17:06 AM 8Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VJ13CYXK 359259 Town Council Meeting Page 48 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD FORT WORTH, TX 76106 Sales Quote 359259-B TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthKim Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 10/01/20 E-mail: E-mail: 1 1 Y 1,250.00 1,250.0000794Ha5VJ14SBEM 359259GTT STAND ALONE LED IR OPTICOM EMITTER Warehouse: FTWO Vin #: REQUIRES INSTALL KIT FOR FIELD INSTALLATION FOR LIBERTY, FREEDOM, JUSTICE & 4500 SERIES ************************************************************ ****** 1 1 Y 678.00 678.0000CP-GB403212-PBKa5VJ14UDDU 359259TROY FULL LENGTH CARGO MOUNT Warehouse: FTWO Vin #: 40"W X 43" L 1 1 Y 2,692.45 2,692.4500EZ1K_TAHEXL_IKa5VN0MGU8Y 359259American Alumium, EZ Rider 1/3-2/3 Tahoe Warehouse: FTWO Vin #: 36"W x 48"D x 40"H PC_Matte MATTE Black Powder Coating LIGHT KIT LED ... LIGHT KIT-LED (WHITE ONLY) Rubber Mat, Small Deluxe, Non-Toxic, Custom Fit Rubber Liner 10/05/20 11:17:06 AM 9Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VN0MGU8Y 359259 Town Council Meeting Page 49 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD FORT WORTH, TX 76106 Sales Quote 359259-B TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthKim Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 10/01/20 E-mail: E-mail: 1 1 Y 135.71 135.7100BLOCKOUTa5VJ15236M 359259AMEALAC POLY CARB BLOCKOUT Warehouse: FTWO Vin #: Poly Carbonate Block Out Kit Kit Includes: 2 Front Panel Custom Fit Poly Carbonate Block Outs 1 Rear Window Custom Fit Poly Carbonate Block Out Intended Purpose is to help keep canine hair from traveling through out the vehilce. 1 1 Y 94.50 94.5000EZ WATER DISHa5VJ158HOF 359259AMEALAC 1 GAL NO-SPILL WATER DISH & MTG BRACKET Warehouse: FTWO Vin #: 1 1 Y 650.00 650.0000MISCa5VN0NX909 359259K9 TAHOE STRIP - RE-USE HOT N' POP SYSTEM Warehouse: FTWO Vin #: 1 1 Y 600.00 600.0000GRAPHICSa5VN0O4YH1 359259GRAPHICS FOR VEHICLE - INCLUDES INSTALLATION Warehouse: FTWO Vin #: GRAPHICS PRINTED BY 'THE AMERICAN SIGN SHOP' PER THE REQUIRMENT OF TROPHY CLUB PD. 10/05/20 11:17:06 AM 10Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VN0O4YH1 359259 Town Council Meeting Page 50 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD FORT WORTH, TX 76106 Sales Quote 359259-B TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthKim Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 10/01/20 E-mail: E-mail: 1 1 Y 0.00 0.0000CUSTOMER SUPPLIEDa5VJ159UQ2 359259CUSTOMER SUPPLIED EQUIPMENT Warehouse: FTWO Vin #: MOTOROLLA RADIO, ANTENNA, COAX DUAL ANTENNA RADAR WATCHGUARD CAMERA SYSTEM ACE K9 HOT N' POP PRO 1 1 Y 45.00 45.00005025a5VJ13S9LR 359259BLUE SEA 6-CIRCUIT ST BLADE FUSE BLOCK WITH COVER Warehouse: FTWO Vin #: 1 1 Y 50.00 50.00005026 BLUESEAa5VJ13S8WL 359259BLUE SEA 12-CIRCUIT ST BLADE FUSE BLOCK WITH COVER Warehouse: FTWO Vin #: 1 1 Y 300.00 300.0000INSTALL KITa5VJ15CFRV 359259MISC INSTALLATION SUPPLIES I.E. Warehouse: FTWO Vin #: LOOM, WIRE, HARDWARE, CONNECTORS, ETC ************************************************ 10/05/20 11:17:06 AM 11Page No. Print Time Print Date Printed By: Scott Beal Continued on Next Page a5VJ15CFRV 359259 Town Council Meeting Page 51 of 171 October 13, 2020 800-845-0405Telephone: DANA SAFETY SUPPLY, INC 4809 KOGER BLVD GREENSBORO, NC 27407 TROPHY CLUB POLICE DEPARTMENT 1 TROPHY WOOD DR TROPHY CLUB, TX 76262 DANA SAFETY SUPPLY 800 RAILHEAD RD FORT WORTH, TX 76106 Sales Quote 359259-B TROPHYPDCustomer No. Sales Quote No. Ship ToBill To Contact: Telephone: Telephone: Contact: Payment MethodCustomer PO NumberF.O.B.Ship Via NET30GroundQUOTED FREIGHT Entered By Resale NumberOrdered BySalesperson SGT. JEFF MITCHELLScott Beal Forth WorthKim Beal Order Quantity Extended Price Unit PriceItem Number / DescriptionTaxApprove Quantity Quote Date 10/01/20 E-mail: E-mail: 1 1 Y 2,800.00 2,800.0000INSTALLa5VJ13D007 359259DSS INSTALLATION OF EQUIPMENT Warehouse: FTWO Vin #: DSS/FLEET SAFETY INSTALLATION OF THE ABOVE LISTED EQUIPMENT, *INCLUDING ANY ADDITIONAL EQUIPMENT PROVIDED BY CUSTOMER (*MAY REQUIRE ADDTIONAL COST) DSS/FLEET SAFETY FT WORTH OFFERS A LIFETIME WARRANTY ON ALL INSTALLATION AND WIRING, EXCEPT IN CASES WHERE A CUSTOMER HAS MODIFIED OR TAMPERED WITH THE WIRING, HARNESS, OR INSTALLATION. PLEASE CONTACT DSS/FLEET SAFETY FW PRIOR TO CONDUCTING REPAIRS OR MODIFICATIONS. WARRANTY DOES NOT INCLUDE EQUIPMENT INSTALLED WHICH MAY BE COVERED UNDER MANUFACTURERS WARRANTY Approved By: Approve All Items & Quantities Quote Good for 30 Days 10/05/20 11:17:06 AM 12Page No. Print Time Print Date Printed By: Scott Beal Order Total Freight Subtotal 15,496.28 600.00 14,896.28 a5VJ13D007 359259 Town Council Meeting Page 52 of 171 October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-302-T Name: Status:Type:Agenda Item Draft File created:In control:9/24/2020 Town Council On agenda:Final action:10/13/2020 Title:Take appropriate action for the purchase and replacement of the Animal Control Officer (ACO) Vehicle from Silsbee Ford in the amount of $35,000 (P. Arata). Attachments:Staff Report - TCPD Vehicle Replacement ACO Request.pdf Silsbee Quote - TCPD Vehicle (ACO).pdf Vehicle Evaluation Report (ACO).pdf Action ByDate Action ResultVer. Take appropriate action for the purchase and replacement of the Animal Control Officer (ACO) Vehicle from Silsbee Ford in the amount of $35,000 (P. Arata). Town Council Meeting Page 53 of 171 October 13, 2020 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: Replacement Fleet Vehicle Program Town Council Meeting, October 13, 2020 Agenda Item: Take appropriate action for the purchase and replacement of the Animal Control Officer (ACO) Vehicle. (P. Arata) Strategic Link: Safety & Security: Achieve exceeding high standards for public safety and low crime rate. Background and Explanation: The Police Department is requesting the replacement of the ACO vehicle under the Towns Vehicle Replacement program. The Police department will replace the ACO truck, which meets the replacement criteria. The vehicle will to be purchased using the Goodbuy contract. This request is part of the council approved CCPD 2020-2021 budget. (See attached) Financial Considerations: 2020 – 2021 CCPD Budgeted item: $35,000.00 Legal Review: The Town Attorney has reviewed this item and concurs with the staff recommendation. Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends Council approve the request. Town Council Meeting Page 54 of 171 October 13, 2020 Page 2 of 2 Attachments: • Vehicle Evaluation Summary Report • Quote Town Council Approval: Mayor C. Nick Sanders or designee Town Council Meeting Page 55 of 171 October 13, 2020 Prepared by: Phone: Email: Date: A.5 21,962.00$ B.Factory Options Code Bid Price Code Bid Price W2A 3,795.00$ 996 -$ 52B 270.00$ 535 585.00$ X3E 366.00$ 1 475.00$ 90L 1,145.00$ 525 216.00$ 66S 125.00$ 6,977.00$ (159.10)$ C.Additional Options [not to exceed 25%]$=7.3 % Bid Price Bid Price 125.00$ -$ 2,000.00$ 2,125.00$ D.Floor Plan Interest (for in-stock and/or equipped vehicles):445.75$ E.Lot Insurance (for in-stock and/or equipped vehicles):111.45$ F.Contract Price Adjustment:(1,000.00)$ G.Additional Delivery Charge:250 miles 437.50$ H.Subtotal:30,899.60$ I.Quantity Ordered 1 x K =30,899.60$ J.Trade in:-$ K.300.00$ L.TOTAL PURCHASE PRICE INCLUDING GOODBUY FEE 31,199.60$ GOODBUY Administrative Fee ($300 per purchase order) CITY"S STRIPE PKG FACTORY UPFITTERS SWITCHES CRUISE CONTROL P/C DISCOUNT Options Total of C. Unpublished Options: 2021 FORD F-SERIES RADIO SUPPRESSION PKG. POWER GROUP / WINDOWS & LOCKS Options Options F250 CREW CAB 4X2 8" BED LIMITED SLIP AXLE PRODUCT PRICING SUMMARY A. Base Price: ATTN:: SWB MODEL Options Bid Item: 6.2L V-8 GAS TRAILER BRAKE CONTROLLER BLACK EXT / GRAY INT GOODBUY 17-17 8F000 VEHICLES VENDOR--Silsbee Ford, 1211 Hwy 96 N., Silsbee TX 77656 TOWN OF TROPHY CLUBEnd User: Contact: Email:KDURBIN.COWBOYFLEET@GMA KEN DURBIN MO # 409-284-1009 October 1, 2020 BHALL@TROPHYCLUB.ORG 2021 MODEL UPGRADE ? BRYAN HALL MO # 817-401-1861 H.D. TRAIL MAX PKG. Product Description Published Option Discount (5%) Total of B. Published Options: Town Council Meeting Page 56 of 171 October 13, 2020 Vehicle/Equipment Evaluation Summary Report Item#: ----------- /J../(()/ Evaluation/Report Date: IY .;i D ;;2. D I Department Assignment: --~8_v_l _t 0_r;~/...___A_C_O _________ _ Year : {) 0 /c}_ Make: _ __,_E_o_l'--=J, ____ Model: _ _,f--'-/ S=---0 __ Description/Use : __ ~_c_o __ l._,;_v--_u_k_,/...__?_'A_~_u_o~I _________ _ I Summary Values Age ___ g--1..L----Base Age from Policy -~-3-:-----Points: __ L.\ __ Mileage LJ L/ ;)'80 Base Mileage ___ b_O-+-, =()~o~()~--Points: -~- 1 Purchase Cost: ______ Total M&R: ~ / 5'00 ~ Points: L.I -~- Book Value : 0 Est Repair Cost: lf j 500 °~ --~--- Points : Total Points Comments and other considerations: -~(lj __ rL-__ V'_l<'_t,_,_v_~ __ t_.s _t_...,_~j_OVo_r/ ___ _ '"" Town Council Meeting Page 57 of 171 October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-304-T Name: Status:Type:Agenda Item Draft File created:In control:9/24/2020 Town Council On agenda:Final action:10/13/2020 Title:Take appropriate action for the purchase and replacement of Tasers from Axon Enterprises for the Police Department in the amount of $43,400 over a period of five years (P. Arata). Attachments:Staff Report - TCPD - AXON Taser Replacement Request.pdf Axon Master Services and Purchasing Agreement for TCPD.pdf Axon Agreement for TCPD Tasers.pdf Axon Quote - TCPD.pdf Action ByDate Action ResultVer. Take appropriate action for the purchase and replacement of Tasers from Axon Enterprises for the Police Department in the amount of $43,400 over a period of five years (P. Arata). Town Council Meeting Page 58 of 171 October 13, 2020 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: AXON Taser Equipment purchase Town Council Meeting, October 13, 2020 Agenda Item: Take appropriate action for the purchase and replacement of Tasers for the Police Department in the amount of $43,400 over a period of five years (P. Arata). Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town’s strategy map. Safety & Security: Achieve exceeding high standards for public safety and low crime rates. Background and Explanation: The Police Department is requesting approval of the purchase of new Taser equipment for the Officers. The current department Tasers are 4 ½ years old and are due for replacement. AXON model 7 Taser units are the state of the art technology in nonlethal, de-escalation devices. AXON Taser 7 in on a 5-year purchase to own plan that includes a repair/replacement warranty and annual training with cartridge replacement. The total 5-year cost is $43,400.00 with the (2020-2021 budget) first payment of $8,680.00. This request is part of the council approved CCPD 2020-2021 budget. Financial Considerations: 2020 – 2021 CCPD Budgeted item: $8,680.00. The same payment for the following 4 years. DIR Contract number: DIR-TS-0-3561 Legal Review: The Town Attorney has reviewed this item and concurs with the staff recommendation. Board/Commission/ or Committee Recommendation: Town Council Meeting Page 59 of 171 October 13, 2020 Page 2 of 2 Not applicable Staff Recommendation: Staff recommends Council approve the request. Attachments: • AXON. INC. quote • Master Service and Purchasing Agreement for Agency • TASER 7 Agreement Town Council Approval: Mayor C. Nick Sanders or designee Town Council Meeting Page 60 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 1 of 37 This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and the agency on the Quote (“Agency”). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”. This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix (“Quote”). It is the intent of the Parties that this Agreement act as a master agreement governing all subsequent purchases by Agency for the same Axon products and services in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote. The Parties therefore agree as follows: 1 Definitions. “Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Evidence.com and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. “Axon Device” means all hardware provided by Axon under this Agreement. “Quote” means an offer to sell and is only valid for devices and services on the quote at the specified prices. Any terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors. “Services” means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services. 2 Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated (“Term”). All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 plans begin after shipment of the applicable Axon Device. If Axon ships the Axon Device in the first half of the month, the start date is the 1st of the following month. If Axon ships the Axon Device in the second half of the month, the start date is the 15th of the following month. For purchases solely of Axon Evidence subscriptions, the start date is the Effective Date. Each subscription term ends upon completion of the subscription stated in the Quote (“Subscription Term”). Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5 years (“Renewal Term”). For purchase of TASER 7 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first. 3 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees. 4 Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate. 5 Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. 6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. Town Council Meeting Page 61 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 2 of 37 7 Warranty. 7.1 Hardware Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm, which Axon warrants for 30 months from the date of Agency’s receipt. Axon warrants its Axon-manufactured accessories for 90-days from the date of Agency’s receipt. Used conducted energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term. Non- Axon manufactured Devices are not covered by Axon’s warranty. Agency should contact the manufacturer for support of non-Axon manufactured Devices. 7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Device with the same or like Device, at Axon’s option. A replacement Axon Device will be new or like new. Axon will warrant the replacement Axon Device for the longer of (a) the remaining warranty of the original Axon Device or (b) 90-days from the date of repair or replacement. If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering a Axon Device for service, Agency must upload Axon Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon Device sent to Axon for service. 7.3 Spare Axon Devices. Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”). Spare Axon Devices will replace broken or non- functioning units. If Agency utilizes a Spare Axon Device, Agency must return to Axon, through Axon’s warranty return process, any broken or non-functioning units. Axon will repair or replace the unit with a replacement Axon Device. Upon termination, Axon will invoice Agency the MSRP then in effect for all Spare Axon Devices provided. If Agency returns the Spare Axon Devices to Axon within 30 days of the invoice date, Axon will issue a credit and apply it against the invoice. 7.4 Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. 7.4.1 To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. 7.4.2 Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 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 Agency, Axon is only responsible to perform Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference. 9 Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings. Town Council Meeting Page 62 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 3 of 37 10 Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency. 11 Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle. 12 Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 13 Indemnification. Axon will indemnify Agency’s officers, directors, and employees (“Agency Indemnitees”) against all claims, demands, losses, and reasonable expenses arising out of a third-party claim against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under this Agreement, except to the extent of Agency’s negligence or willful misconduct, or claims under workers compensation. 14 IP Rights. Axon owns and reserves all right, title, and interest in Axon devices and services and suggestions to Axon, including all related intellectual property rights . Agency will not cause any Axon proprietary rights to be violated. 15 IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon. 16 Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices. 17 Termination. 17.1 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 17.2 By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable. 17.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components. 18 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, Town Council Meeting Page 63 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 4 of 37 or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for 5-years thereafter. Axon pricing is Confidential Information and competition sensitive. If Agency is required by law to disclose Axon pricing, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement. 19 General. 19.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control. 19.2 Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 19.3 Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 19.4 Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 19.5 Export Compliance. Each Party will comply with all import and export control laws and regulations. 19.6 Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 19.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitute s a waiver of that right. 19.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 19.9 Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities. 19.10 Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 19.11 Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices: Axon: Axon Enterprise, Inc. Agency: Attn: Legal Attn: 17800 N. 85th Street Street Address Scottsdale, Arizona 85255 City, State, Zip legal@axon.com Email 19.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Town Council Meeting Page 64 of 171 October 13, 2020 Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 5 of 37 Agreement may only be modified or amended in a writing signed by the Parties. Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc. Agency Signature: Signature: Name: Name: Title: Title: Date: Date: Town Council Meeting Page 65 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 6 of 37 Axon Cloud Services Terms of Use Appendix 1 Definitions. “Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence but excludes Non-Content Data. “Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by a n Agency. Evidence is a subset of Agency Content. “Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 2 Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data (“TASER Data”). Agency may not upload non- TASER Data to Axon Evidence Lite. 3 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content are not business records of Axon. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will have limited access to Agency Content solely for providing and supporting Axon Cloud Services to Agency and Agency end users. 4 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 5 Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services. Agency will also maintain the security of end user names and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen. Town Council Meeting Page 66 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 7 of 37 6 Privacy. Axon will not disclose Agency Content or information about Agency except as compelled by a court or administrative body or required by law or regulation. If Axon receives a disclosure request for Agency Content, Axon will give Agency notice, unless legally prohibited from doing so, to allow Agency to file an objection with the court or administrative body. Agency agrees to allow Axon access to certain information from Agency to (a) perform troubleshooting services upon request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing the use of Axon Evidence; or (c) perform analytic and diagnostic evaluations of the systems. 7 Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance , within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. (“Skyhook”) to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. 8 Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access. 9 Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services , the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement. 11 Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services. 12 Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis. An “Update” is a generally available release of Axon Records that Axon makes available from time to time. An “Upgrade” includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. New or additional Axon products and applications, as well as any Axon professional services Town Council Meeting Page 67 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 8 of 37 needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins o n the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency. 13 Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; 13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; 13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 13.4 use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; 13.5 access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; 13.6 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or 13.7 use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code. 14 After Termination. Axon will not delete Agency Content for 90-days following termination. There will be no functionality of Axon Cloud Services during these 90-days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services. 15 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 16 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services. 17 Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions. Town Council Meeting Page 68 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 9 of 37 Professional Services Appendix 1 Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date. 2 Body-Worn Camera Full Service (BWC Full Service). BWC Full Service includes advance remote project planning and configuration support and up to 4 consecutive days of on-site service and a professional services manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than 4 consecutive on- site days, Agency must purchase additional days. BWC Full Service options include: System set up and configuration • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain • Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access • One on-site session included Dock configuration • Work with Agency to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On-site assistance, not to include physical mounting of docks Best practice implementation planning session • Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata in the field for organization purposes and other best practice for digital data management • Provide referrals of other agencies using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies End user go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go-live review 3 Body-Worn Camera Starter Service (BWC Starter). BWC Starter includes advance remote project planning and configuration support and one day of on-site Services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which Services are appropriate. If Agency requires more than 1 day of on-site Services, Agency must purchase additional on-site Services. The BWC Starter options include: Town Council Meeting Page 69 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 10 of 37 System set up and configuration (Remote Support) • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Agency need • Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access Dock configuration • Work with Agency to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using “Administrator” credentials from Agency • Does not include physical mounting of docks Axon instructor training (Train the Trainer) Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide 4 Body-Worn Camera Virtual 1-Day Service (BWC Virtual). BWC Virtual includes all items in the BWC Starter Service Package, except one day of on-site services. 5 CEW Services Packages. CEW Services Packages are detailed below: System set up and configuration • Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to include: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs. • For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency Town Council Meeting Page 70 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 11 of 37 TASER CEW inspection and device assignment Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go-live review For the CEW Full Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included. 6 Smart Weapon Transition Service. The Smart Weapon Transition Service includes: Archival of CEW Firing Logs Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models. Return of Old Weapons Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters. Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1- Day Device Specific Instructor Course. 7 Signal Sidearm Installation Service. If Agency purchases Signal Sidearm Installation Service, Axon will provide one day of on-site Services and one professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased. Agency is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreed-upon installation date(s). Installation includes: Removal of existing connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device 8 Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 9 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 10 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 11 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices (“User Documentation”). User Documentation will include all required environmental specifications for the professional Services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed (“Installation Site”) per the environmental specifications in the Axon Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it. If Axon Town Council Meeting Page 71 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 12 of 37 modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it 12 Acceptance. When Axon completes professional Services, Axon will present an acceptance form (“Acceptance Form”) to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services. 13 Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause. Town Council Meeting Page 72 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 13 of 37 Technology Assurance Plan Appendix If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies. 1 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year Hardware Limited Warranty. 2 Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon. 3 OSP 7 Term. OSP 7 begins after Axon ships the Axon Body 3 or TASER 7 hardware to Agency. If Axon ships in the first half of the month, OSP 7 starts the 1st of the following month. If Axon ships in the second half of the month, OSP 7 starts the 15th of the following month (“OSP 7 Term”). 4 TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body-worn camera (“BWC Upgrade”) as scheduled in the Quote. If Agency purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock. 5 TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote (“Dock Upgrade”). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option. 6 Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days before the end of the Subscription Term without prior confirmation from Agency. 7 Upgrade Change. If Agency wants to change Axon Device models for the offered BWC or Dock Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade. 8 Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 9 Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 30 days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason: 9.1 TAP and OSP coverage terminate as of the date of termination and no refunds will be given. 9.2 Axon will not and has no obligation to provide the Upgrade Models. 9.3 Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP. Town Council Meeting Page 73 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 14 of 37 TASER 7 Appendix This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon. 1 Duty Cartridge Replenishment Plan. If the Quote includes “Duty Cartridge Replenishment Plan”, Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty. 2 Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, “Training Content”), Agency may access Training Content. Axon will deliver all Training Content electronically. 3 Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus the 4-year extended term. 4 Trade-in. If the Quote contains a discount on C EW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount (“Trade-In Units”) to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade- in credit. Agency may not destroy Trade-In Units and receive a trade-in credit. Agency Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days 100 to 499 officers 90 days 500+ officers 180 days 5 TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 Start date. 6 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. Agency may not upload any non-TASER 7 data or any other files to Axon Evidence. Agency may not exceed the number of end users than the Quote specifies. 7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body. Agency acknowledges and agrees that Axon may access Agency Content to: (a) perform troubleshooting services upon request or as part of Axon’s maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of Axon Evidence; (c) generate aggregated data, excluding information that can be used to distinguish Town Council Meeting Page 74 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 15 of 37 or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (collectively, “PII”), to improve, analyze, support, and operate Axon’s current and future devices and services. 8 Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: 8.1 TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given. 8.2 Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. 8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. Town Council Meeting Page 75 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 16 of 37 Axon Auto-Tagging Appendix 1 Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency’s Computer-Aided Dispatch (“CAD”) or Records Management Systems (“RMS”). This allows end users to auto-populate Axon video meta-data with a case ID, category, and location- based on data maintained in Agency’s CAD or RMS. 2 Support. For thirty days after completing Auto-Tagging Services, Axon will provide up to 5 hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, so long as long as Agency maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS. 3 Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 4 Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to: 4.1 Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including remote access if possible); 4.2 Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks related to Axon’s p erformance of Auto-Tagging Services; 4.3 Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services; 4.4 Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services; 4.5 Promptly install and implement any software updates provided by Axon; 4.6 Ensure that all appropriate data backups are performed; 4.7 Provide assistance, participation, and approvals in testing Auto-Tagging Services; 4.8 Provide Axon with remote access to Agency’s Axon Evidence account when required; 4.9 Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency; and 4.10 Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. 5 Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. Town Council Meeting Page 76 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 17 of 37 Axon Fleet Appendix 1 Agency Responsibilities. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, “Axon Fleet”) as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to change. 2 Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly. 3 Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon. 4 Wireless Offload Server. 4.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server (“WOS”). “Use” means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription. 4.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS. 4.3 Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS (“WOS Updates”) available electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term. 4.4 WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s store and forward servers solely for troubleshooting and maintenance. 5 Axon Vehicle Software. 5.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, “Axon Vehicle Software”.) “Use” means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription. 5.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software. Town Council Meeting Page 77 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 18 of 37 6 Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the “Fleet Technology Assurance Plan” (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware (“Fleet Upgrade”) as schedule on the Quote. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Up grade. Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agenc y may file an objection with the court or administrative body. Agency acknowledges and agrees that Axon may access Agency Content to: (a) perform troubleshooting services upon request or as part of Axon’s maintenance or diagnostic screenings; (b) enforce t his Agreement or policies governing use of Axon Evidence; (c) generate aggregated data, excluding information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (collectively, “PII”), to improve, analyze, support, and operate Axon’s current and future devices and services. 8 Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon any termination: 8.1 Axon Fleet subscription coverage terminates, and no refunds will be given. 8.2 Axon will not and has no obligation to provide the Axon Fleet Upgrade. 8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP. Town Council Meeting Page 78 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 19 of 37 Axon Aware Appendix This Axon Aware Appendix applies to both Axon Aware and Axon Aware Plus. 1 Axon Aware Subscription Term. If Agency purchases Axon Aware as part of a bundled offering, the Axon Aware subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Aware to Agency. If Agency purchases Axon Aware as a standalone , the Axon Aware subscription begins the later of the (1) date Axon provisions Axon Aware to Agency, or (2) first day of the month following the Effective Date. The Axon Aware subscription term will end upon the completion of the Axon Evidence Subscripti on associated with Axon Aware. 2 Scope of Axon Aware. The scope of Axon Aware is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Aware outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon Aware to better meet Agency’s needs. 3 Axon Body 3 LTE Requirements. Axon Aware is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE servi ce. Axon may change LTE carriers during the Term without Agency’s consent. 4 Axon Fleet 3 LTE Requirements. Axon Aware is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier. 5 Axon Aware Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service. With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier. 6 Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Aware or bundles that include Axon Aware, Axon will end Aware services, including any Axon-provided LTE service. Town Council Meeting Page 79 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 20 of 37 Add-on Services Appendix This Appendix applies to Axon Citizen for Communities, Axon Redaction Assistant, and Axon Performance. 1 Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the Effective Date. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add-on. 2 Axon Citizen Storage. For Axon Citizen, Agency may store an unlimited amount of data submitted through the public portal (“Portal Content”), within Agency’s Axon Evidence instance. The post- termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content. 3 Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency, Axon will need to store call for service data from Agency’s CAD or RMS. Town Council Meeting Page 80 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 21 of 37 Flock Software Terms of Use Appendix 1 Definitions. “Aggregated Data” means information that relates to a group or category of customers, from which individual customer identities have been removed, that is not linked or reasonably linkable to any customer, including via a device. “Authorized End User” shall mean any individual employees, agents, or contractors of Customer accessing or using the Flock Services through the Web Interface, under the rights granted to Customer pursuant to this Agreement. “Customer” will mean the Customer. "Customer Data” will mean the data, media and content provided by Customer through the Flock Services. For the avoidance of doubt, the Customer Data will include the Footage and geolocation information and environmental data collected by sensors built into the Units. “Documentation” will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Flock Services which are provided by Flock to Customer in accordance with the terms of this Agreement. “Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Flock Hardware. “Flock IP” will mean the Flock Services, the Documentation, the Flock Hardware, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Customer and/or its Authorized End Users in connection with the for egoing. “Flock Hardware” shall mean the Flock Gate Cameras and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term “Flock Hardware” excludes the Embedded Software. “Flock Services” means the provision, via the Web Interface, of Flock’s software application for automatic license plate detection, searching image records, and sharing Footage. “Flock System” means collectively, the Flock Hardware, Embedded Software, and Flock Services. “Footage” means still images and/or video captured by the Flock Hardware in the course of and provided via the Flock Services. “Non-Customer End User” means a Flock customer that has elected to give Customer access to its data in the Flock System. “Non-Customer End User Data” means the Footage, geolocation data, environmental data and/or notifications of a Non-Customer End User. “Unit(s)” shall mean the Flock Hardware together with the Embedded Software. “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Flock Services in accordance with the terms of this Agreement. 2 Flock Services. 2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of Town Council Meeting Page 81 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 22 of 37 the Flock Services via the Web Interface during the term of Customer’s agreement, solely for the Authorized End Users. The Footage will be available for Customer to access via the Web Interface for 30 days. Authorized End Users will be required to sign up for an account, and select a password and username (“User ID”). Flock will also provide Customer the Documentation to be used in accessing and using the Flock Services. Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Customer, would constitute a brea ch of this Agreement, shall be deemed a breach of this Agreement by Customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Flock Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, including without limitation using a third party to host the Web Interface wh ich make the Flock Services available to Customer and Authorized End Users. Customer agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Customer from time t o time. 2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Customer a limited, non-exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Flock Hardware by Flock; in each case, solely as necessary for Customer to use the Flock Services. 2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Customer a non-exclusive, non-transferable right and license to use the Documentation during the Service Term for Customer’s internal purposes in connection with its use of the Flock Services as contemplated herein. 2.4 Usage Restrictions. Customer will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Customer acknowledges that nothing in this Agreement will be construed to grant Customer any right to obtain or use such source code ; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (vi) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Application IP; (vii) use the Flock Services for timesharing or service bureau purposes or otherwise for the benefit of a third party or any purpose other than the Purpose; or (viii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Customer’s rights under Sections 2.1, 2.2, or 2.3. 2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights. 2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP if (i) Flock reasonably determines that (a) there is a threat or attack on Town Council Meeting Page 82 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 23 of 37 any of the Flock IP; (b) Customer’s or any Authorized End User’s use of the Flock Service disrupts or poses a security risk to the Flock Service or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock’s provision of the Flock Services to Customer or any Authorized End User is prohibited by applicable law; or (e) any vendor of Flock has suspended or terminated Flock’s access to or use of any third party services or products required to enable Customer to access the Flock (each such suspension, in accordance with this Section 2.6, a “Service Suspension”). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Customer (including notices sent to Flock’s registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Application Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will extend the Customer’s term by the duration of an y suspension (for any continuous suspension lasting at least one full day) where the service suspension is not caused by the direct Customer’s actions or by the actions of parties associated with the Customer. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer or any Authorized End User may incur as a result of a Service Suspension. 3 Installation Services. 3.1 Designated Locations. Prior to performing the physical installation of the Units, Flock shall advise Customer on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. While Flock will provide advice regarding the location of positioning of such Units, Customer will have the ultimate decision regarding the location, position, and angle of the Units (each Unit location so designated by Customer, a “Designated Location”). Due to the fact that Customer selects the Designated Location, Flock shall have no l iability to Customer resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations, or delay in installation due to Customer’s delay in identifying the choices for the Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready. Designated Locations that are suggested by Flock and accepted by Customer without alteration will be known as Flock Designated Locations. After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Customer, any subsequent changes to the deployment plan (“Reinstalls”) driven by Customer's request will incur a charge for Flock’s then-current list price for Reinstalls, as listed in the then-current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not limited to camera re -positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like 3.2 Customer’s Installation Obligations. Customer agrees to allow Flock and its agents reasonable access to the designated installation locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. The “Customer Installation Obligations” include, to the extent required by the Deployment Plan, but are not limited to electrical work to provide a reliable source of 120V AC power that follow Flock guidelines and comply with local regulations if adequate solar exposure is not availab le. Customer is solely responsible for (i) any permits or associated costs, and managing the permitting process; (ii) any permits or associated costs, any federal, state or local taxes including property, license, privilege, sales, use, excise, gross rece ipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock Hardware, its use, or any other services performed in connection therewith and that Customer shall be solely responsible for the Town Council Meeting Page 83 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 24 of 37 foregoing. Customer represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. 3.3 Flock’s Installation Obligations. The Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time the Designated Locations are selected by Customer. Following the initial installation of the Flock Hardware, Flock’s obligation to perform installation work shall cease; however, Flock will continue to monitor the performance of the Units, and receive access to the Footage for a period of 3 business days for maintenance purposes. Customer can opt out of Flock’s access in the preceding sentence, which would waive Flock’s responsibility to ensure such action was successful . Customer understands and agrees that the Flock Services will not function without the Flock Hardware. 3.4 Theft and Damage. Flock agrees to replace the Flock Hardware up to 1 time during the Term, at no cost to Customer, in the event of theft or damage. Subs equent replacement due to damage or theft will be at Customer’s own expense, at a replacement cost of $300 per camera. Customer shall not be required to replace subsequently damaged or stolen units; however, Customer understands and agrees that functionality, including Footage, will be materially affected due to such subsequently damaged or stolen units and that Flock will have no liability to Customer regarding such affected functionality nor shall the Fees owed be impacted. 3.5 Security Interest. The Flock Hardware shall remain the personal property of Flock and will be removed upon the termination or expiration of Customer’s Agreement. Customer agrees to perform all acts which may be necessary to assure the retention of title of the Flock Hardware by Flock. Should Customer default in any payment for the Flock Services or any part thereof or offer to sell or auction the Flock Hardware, then Customer authorizes and empowers Flock to remove the Flock Hardware or any part thereof. Such removal, if ma de by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right. 3.6 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or hazardous conditions shall be the responsibility of Customer and shall be paid promptly upon billing. 4 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer will use the Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content and retention thereof. Customer hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses, including without limitation costs and attorneys’ fees, in connection with any claim or action that arises from an alleged violation of the foregoing, Customer’s Installation Obligations, or otherwise from Customer’s use of the Services, Hardware and any Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Customer’s use of the Services, Flock may do so and may prohibit any use of the Services it Town Council Meeting Page 84 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 25 of 37 believes may be (or alleged to be) in violation of the foregoing 5 Data, Feedback; Aggregated Statistics. 5.1 Customer and Non-Customer End User Data. As between Flock and Customer, all right, title and interest in the Customer Data and Non-Customer End User Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Customer Data and Non-Customer End User Data and perform all acts with respect to the Customer Data and Non-Customer End User Data as may be necessary for Flock to provide the Flock Services to Customer, and a non- exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Customer Data and Non-Customer End User Data as a part of the Aggregated Data (as defined in Section 5.3 below). This Agreement does not by itself make any Non-Customer End User Data the sole property or the Proprietary Information of Customer. Flock will automatically delete Footage older than 30 days. Customer has a 30-day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. 5.2 Feedback. If Customer provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing. 5.3 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Customer or any individuals or de-identifies such data and other information relating to the provision, use and performance of various aspects of the Flock Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom). Customer acknowledges that Flock will be compiling Aggregated Data based on Customer Data and Non-Customer End User Data input into the Flock Services. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to use and distribute such Aggregated Data to improve and enhance the Services and for other marketing, development, diagnostic and corrective purposes in connection with the Flock Services and other Flock offerings. No rights or licenses are granted except as expressly set forth herein. 6 Fees and Term. The initial term of the Flock Services shall be for the time period set forth on the Quote (“Initial Flock Term”). Following the Initial Flock Term, this Agreement will automatically renew for successive renewal terms of the length set forth on the Quote (each, a “Flock Renewal Term”, and together with the Initial Flock Term, the “Service Term”) unless either Party gives the other Party notice of non-renewal at least 30 days prior to the end of the then-current Service Term. The Service Term begins when all Flock Hardware is installed and has been validated as operational by Flock. 7 Remedy; Warranty; and Disclaimer. 7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must first make commercially reasonable efforts to address the problem by contacting Flock’s technical support. If such efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to, in its sole discretion, repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit; provided that such inspection and test shall occur within 72 hours after Customer notifies the Flock of defect. Except for cameras owned by Customer, Flock agrees to replace cameras at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Customer shall not be required Town Council Meeting Page 85 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 26 of 37 to replace subsequently damaged or stolen units; however, Customer understands and agrees that functionality, including Footage, will be materially affected due to such subsequently damaged or stolen units and that Flock will have no liability to Customer regarding such affected functionality nor shall the Fees owed be impacted. 7.2 Exclusions. Flock will not provide the remedy described in Section 6.1 above if any of the following exclusions apply: (a) misuse of the Flock Hardware or Embedded Software in any manner, including operation of the Flock Hardware or Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or other restrictions on use provided by Flock; (b) damage, alteration, or modification of the Flock Hardware or Embedded Software in any way; or (c) combination of the Flock Hardware or Embedded Software with software, hardware or other technology that was not expressly authorized by Flock. 7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Flock Services. Flock Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 6.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE FLOCK HARDWARE AND/OR EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE FLOCK SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FLOCK SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE FLOCK SERVICES AND INSTALLATION SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. 7.5 Insurance. Flock and Customer will each maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of their business risk. Certificates of Insurance will be provided upon request. 8 Limitation of Liability and Indemnity. 8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL FLOCK HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER Town Council Meeting Page 86 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 27 of 37 CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE FLOCK SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, CUSTOMER SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE FLOCK SERVICES. 8.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Customer will not pursue any claims or actions against Flock’s suppliers. 8.3 Indemnity. Customer hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of Section 3, a breach of this Agreement, Customer’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Customer End Users, or otherwise from Customer’s use of the Flock Services, Flock Hardware and any Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Customer’s use of the Flock Services, Flock may do so and may prohibit any use of the Flock Services it believes may be (or alleged to be) in violation of the Section 3 or this Agreement. 9 Data Preservation. The Customer agrees to store Customer Data and Non-Customer End User Data in compliance with all applicable local, state, and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Customer’s consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to store the Customer Data or the Non-Customer End User Data, Customer agrees to preserve and securely store this data on Flock’s behalf so that Flock can delete the data from its servers and, should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Customer upon demand. 10 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclos e the nature of the Flock Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website. 11 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in FAR section 2.101, the Flock Services, the Flock Hardware, the Embedded Software and Documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. Town Council Meeting Page 87 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 28 of 37 Axon Commander™ Software Appendix 1 License. Axon owns all executable instructions, images, icons, sound, and text in Commander. All rights are reserved to Axon. Axon grants a non-exclusive, royalty-free, worldwide right and license to use Commander. “Use” means storing, loading, installing, or executing Commander exclusively for data communication with an Axon Device. Agency may use Commander in a networked environment on computers other than the computer it installs Commander on, so long as each execution of Commander is for data communication with an Axon Device. Agency may make copies of Commander for archival purposes only. Agency shall retain all copyright, trademark, and proprietary notices in Commander on all copies or adaptations. 2 Term. The Quote will detail the duration of the Commander license, as well as any maintenance. The term will begin upon installation of Commander by Axon. 3 License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. Agency may not use Commander for any purpose other than as expressly permitted by this Agreement. Agency may not: 3.1 modify, tamper with, repair, or otherwise create derivative works of Commander; 3.2 reverse engineer, disassemble, or decompile Commander or apply any process to derive the source code of Commander, or allow others to do the same; 3.3 access or use Commander to avoid incurring fees or exceeding usage limits or quotas; 3.4 copy Commander in whole or part, except as expressly permitted in this Agreement; 3.5 use trade secret information contained in Commander; 3.6 resell, rent, loan or sublicense Commander; 3.7 access Commander to build a competitive device or service or copy any features, functions, or graphics of Commander; 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 Commander or any copies of Commander. 4 Support. Axon may make available updates and error corrections (“Updates”) to Commander. Axon will provide Updates electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate access to the Internet to receive Updates. Agency is responsible for maintaining the computer equipment necessary to use Commander. Axon may provide technical support of a prior release/version of Commander for 6 months from when Axon made the subsequent release/version available. 5 Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement. Upon termination, Axon may disable Agency’s right to login to Axon Commander. Town Council Meeting Page 88 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 29 of 37 Axon Application Programming Interface Appendix 1 Definitions. “API Client” means the software that acts as the interface between Agency’s computer and the server, which is already developed or to be developed by Agency. “API Interface” means software implemented by Agency to configure Agency’s independent API Client Software to operate in conjunction with the API Service for Agency’s authorized Use. “Axon Evidence Partner API, API or AXON API” (collectively “API Service”) means Axon’s API which provides a programmatic means to access data in Agency’s Axon Evidence account or integrate Agency’s Axon Evidence account with other systems. “Use” means any operation on Agency’s data enabled by the supported API functionality. 2 Purpose and License. 2.1 Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency’s use of API Service. Agency will not use API Service for commercial use. 2.2 Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency’s Use in connection with Agency’s API Client. 2.3 Axon reserves the right to set limitations on Agency’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits. 3 Configuration. Agency will work independently to configure Agency’s API Client with API Service for Agency’s applicable Use. Agency will be required to provide certain information (such as identification or contact details) as p art of the registration. Registration information provided to Axon must be accurate. Agency will inform Axon promptly of any updates. Upon Agency’s registration, Axon will provide documentation outlining API Service information. 4 Agency Responsibilities. When using API Service, Agency and its end users may not: 4.1 use API Service in any way other than as expressly permitted under this Agreement; 4.2 use in any way that results in, or could result in, any security breach to Axon; 4.3 perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services; 4.4 interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service; 4.5 reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software; 4.6 create an API Interface that functions substantially the same as API Service and offer it for use by third parties; 4.7 provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service; 4.8 frame or mirror API Service on any other server, or wireless or Internet-based device; 4.9 make available to a third-party, any token, key, password or other login credentials to API Service; 4.10 take any action or inaction resulting in illegal, unauthorized or improper purposes ; or disclose Axon’s API manual. 5 API Content. All content related to API Service, other than Agency Content or Agency’s API Client Town Council Meeting Page 89 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 30 of 37 content, is considered Axon’s API Content, including: 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 Agency takes actions on, such as evidence, cases, users, or reports; and 5.3 the structure of and relationship of API Service resources; and 5.4 the design of API Service, in any part or as a whole. 6 Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to: 6.1 scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header; 6.2 copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party; 6.3 misrepresent the source or ownership; or 6.4 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices). 7 API Updates. Axon may update or modify the API Service from time to time (“API Update”). Agency is required to implement and use the most current version of API Service and to make any applicable changes to Agency’s API Client required as a result of such API Update. API Updates may adversely affect how Agency’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for 1 year following the release of an API Update for all depreciated API Service versions. Town Council Meeting Page 90 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 31 of 37 Advanced User Management Appendix 1 Scope. Advanced User Management allows Agency to (a) utilize bulk user creation and management, (b) automate user creation and management through System for Cross -domain Identity Management (“SCIM”), and (c) automate group creation and management through SCIM. 2 Advanced User Management Configuration. Agency will work independently to configure Agency’s Advanced User Management for Agency’s applicable Use. Upon request, Axon will provide general guidance to Agency, including documentation that details the setup and configuration process. Town Council Meeting Page 91 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 32 of 37 Axon Channel Services Appendix 1 Definitions. “Axon Digital Evidence Management System” means Axon Evidence or Axon Commander, as specified in the attached Channel Services Statement of Work. “Active Channel” means a third-party system that is continuously communicating with an Axon Digital Evidence Management System. “Inactive Channel” means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System. 2 Scope. Agency currently has a third-party system or data repository from which Agency desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Agency’s third-party data into an Axon Digital Evidence Management System or the transfer of Agency data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work (“Channel Services SOW”). Channel Services will not delete any Agency Content. Agency is responsible for verifying all necessary data is migrated correctly and retained per Agency policy. 3 Purpose and Use. Agency is responsible for verifying Agency has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Agency is responsible for any changes to a third- party system that may affect the functionality of the channel service. Any additional work requir ed for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Agency’s network and systems to perform the Services described in the Channel Services SOW. Agency is responsible for facilitating this access per all laws and policies applicable to Agency. 4 Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 5 Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner. 6 Monitoring. Axon may monitor Agency’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of channel services. 7 Agency’s Responsibilities. Axon’s successful performance of the Channel Services requires Agency: 7.1 Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access); 7.2 Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Channel Services); 7.3 Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services; 7.4 Ensure all appropriate data backups are performed; 7.5 Provide Axon with remote access to the Agency’s network and third-party systems when required for Axon to perform the Channel Services; 7.6 Notify Axon of any network or machine maintenance that may impact the performance of Town Council Meeting Page 92 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 33 of 37 the Channel Services; and 7.7 Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services). Town Council Meeting Page 93 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 34 of 37 VIEVU Data Migration Appendix 1 Scope. Agency currently has legacy data in the VIEVU Solution from which Agency desires to move to Axon Evidence. Axon will work with Agency to copy legacy data from the VIEVU solution into Axon Evidence (“Migration”). Before Migration, Agency and Axon will work together to develop a Statement of Work (“Migration SOW”) to detail all deliverables and responsibilities. The Migration will require the availability of Agency resources. Such resources will be identified in the SOW. On- site support during Migration is not required. Upon Agency’s request, Axon will provide on-site support for an additional fee. Any request for on-site support will need to be pre-scheduled and is subject to Axon’s resource availability. A small amount of unexposed data related to system information will not be migrated from the VIEVU solution to Axon Evidence. Upon request, some of this data can be manually exported before Migration and provided to Agency. The Migration SOW will provide further detail. 2 Changes. Axon is only responsible to perform the Services described in this Appendix and Migration SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 3 Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 4 Downtime. There may be downtime during the Migration. The duration of the downtime will depend on the amount of data that Agency is migrating. Axon will work with Agency to minimize any downtime. Any VIEVU mobile application will need to be disabled upon Migration. 5 Functionality Changes. Due to device differences between the VIEVU solution and the Axon’s Axon Evidence solution, there may be functionality gaps that will not allow for all migrated data to be displayed the same way in the user interface after Migration 6 Acceptance. Once the Migration is complete, Axon will notify Agency and an acceptance form. Agency is responsible for verifying that the scope of the project has been completed and all necessary data is migrated correctly and retained per Agency policy. Agency will have 90 days to provide Axon acceptance that the Migration was successful, or Axon will deem the Migration accepted. In the event Agency does not accept the Migration, Agency agrees to notify the Axon within a reasonable time. Agency also agrees to allow Axon a reasonable time to resolve any issue. In the event Agency does not provide the Axon written rejection of the Migration during these 90 days, Agency may be charged for additional monthly storage costs. After Agency provides acceptance of the Migration, the Axon will delete all data from the VIEVU solution 90 days after the Migration. 7 Post-Migration. After Migration, the VIEVU solution may not be supported and updates may not be provided. Axon may end of life the VIEVU solution in the future. If Agency elects to maintain data within the VIEVU solution, Axon will provide Agency 90 days’ notice before ending support for the VIEVU solution. 8 Warranty. Axon warrants that it will perform the Migration in a good and workmanlike manner. 9 Monitoring. Axon may monitor Agency’s use of Migration to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of Migration. Town Council Meeting Page 94 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 35 of 37 Axon Support Engineer Appendix 1 Axon Support Engineer Payment. Axon will invoice for Axon Support Engineer (“ASE”) services, as outlined in the Quote, when the Axon Support Engineer commences work on-site at Agency. 2 Full-Time ASE Scope of Services. 2.1 A Full-Time ASE will work on-site four (4) days per week. 2.2 Agency’s Axon sales representative and Axon’s Agency Success team will work with Agency to define its support needs and ensure the Full-Time ASE has skills to align with those needs. There may be up to a 6-month waiting period before the Full-Time ASE can work on-site, depending upon Agency’s needs and availability of a Full-Time ASE. 2.3 The purchase of Full-Time ASE Services includes 2 complimentary Axon Accelerate tickets per year of the Agreement, so long as the ASE has started work at Agency, and Agency is current on all payments for the Full-Time ASE Service. The Full-Time ASE Service options are listed below: Ongoing System Set-up and Configuration • Assisting with assigning cameras and registering docks • Maintaining Agency’s Axon Evidence account • Connecting Agency to “Early Access” programs for new devices Account Maintenance • Conducting on-site training on new features and devices for Agency leadership team(s) • Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program • Conducting weekly meetings to cover current issues and program status Data Analysis • Providing on-demand Axon usage data to identify trends and insights for improving daily workflows • Comparing Agency's Axon usage and trends to peers to establish best practices • Proactively monitoring the health of Axon equipment and coordinating returns when needed Direct Support • Providing on-site, tier 1 and tier 2 technical support for Axon devices • Proactively monitoring the health of Axon equipment • Creating and monitoring RMAs on-site • Providing Axon app support • Monitoring and testing new firmware and workflows before they are released to Agency’s production environment Agency Advocacy • Coordinating bi-annual voice of customer meetings with Axon’s Device Management team • Recording and tracking Agency feature requests and major bugs 3 Regional ASE Scope of Services 3.1 A Regional ASE will work on-site for 3 consecutive days per quarter. Agency must schedule the on-site days at least 2 weeks in advance. The Regional ASE will also be available by phone and email during regular business hours up to 8 hours per week. 3.2 There may be up to a 6-month waiting period before Axon assigns a Regional ASE to Agency, depending upon the availability of a Regional ASE. 3.3 The purchase of Regional ASE Services includes 2 complimentary Axon Accelerate tickets per year of the Agreement, so long as the ASE has started work at Agency and Agency is current on all payments for the Regional ASE Service. The Regional ASE service options are listed below: Town Council Meeting Page 95 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 36 of 37 Account Maintenance • Conducting remote training on new features and devices for Agency’s leadership • Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program • Conducting weekly conference calls to cover current issues and program status • Visiting Agency quarterly (up to 3 consecutive days) to perform a quarterly business review, discuss Agency's goals for your Axon program, and continue to ensure a successful deployment of Axon devices Direct Support • Providing remote, tier 1 and tier 2 technical support for Axon devices • Creating and monitoring RMAs remotely Data Analysis • Providing quarterly Axon usage data to identify trends and program efficiency opportunities • Comparing an Agency's Axon usage and trends to peers to establish best practices • Proactively monitoring the health of Axon equipment and coordinating returns when needed Agency Advocacy • Coordinating bi-yearly Voice of Agency meetings with Device Management team • Recording and tracking Agency feature requests and major bugs 4 Out of Scope Services. The ASE is responsible to perform only the Services described in this Appendix. Any additional Services discussed or implied that are not defined explicitly in this Appendix will be considered out of the scope. 5 ASE Leave Time. The ASE will be allowed up 7 days of sick leave and up to 15 days of vacation time per each calendar year. The ASE will work with Agency to coordinate any time off and will provide Agency with at least 2 weeks’ notice before utilizing any vacation days. Town Council Meeting Page 96 of 171 October 13, 2020 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 37 of 37 Redaction Services Appendix 1 Scope. Each month of Axon Redaction Service, Agency may utilize up to the number of redacted videos included on the Quote, or the maximum number of hours, whichever comes first. In order to be considered one video, a video an Agency submits to Axon for redaction must be less than 1 hour. If a video is longer than 1 hour, it will be rounded up to the next hour. For example, if Agency submits a video for redaction and that video is 150 minutes, the video will be considered 3 hours. Agency may not rollover unused redactions and hours from one month to the next. 2 Agency Responsibilities. 2.1 Access. Agency will create an account for Axon within Agency’s Axon Evidence tenant. Agency must provision Axon to have only permission to view and redact videos identified for redaction. Upon completion of work or on a periodic basis in alignment with Agency’s policy, Agency must manage or disable Axon’s access within Agency’s Axon Evidence tenant. 2.2 Policy. Agency is responsible for providing Axon Agency’s standard policy regarding redaction (“Redaction Policy”). The Redaction Policy should identify typical objects and audio that need to be redacted from video. Axon will redact videos per the Redaction Policy unless otherwise instructed in writing. 3 Submission. Agency will identify video for redaction and will submit requests to redactionservices@axon.com. Axon will redact the video according to the Redaction Policy within 72 hours. The redaction will be performed using Axon Evidence’s Redaction Studio. 4 Security. Axon will use CJIS certified employees to perform all redaction services. Axon employees will perform all redactions in a CJIS compliant room. 5 Acceptance of Redacted Video. Upon completing the redaction, Axon will assign the redacted video to Agency. Agency will review the video within 5 business days of receipt and notify Axon of any required changes. If changes are necessary, Axon will perform such changes within 48 hours of notification. In the event Agency does not notify Axon of any requested changes within 5 business days of receipt of the redacted video, Axon will deem the redacted video accepted by Agency. 6 Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule . Town Council Meeting Page 97 of 171 October 13, 2020 Axon Enterprise, Inc.’s TASER 7 Agreement Title: TASER 7 Agreement Page 1 of 8 Department: Legal Version: 2.0 Release Date: 11/20/2019 This TASER 7 Agreement (“Agreement”) applies to Agency’s TASER 7 purchase from Axon Enterprise, Inc. (“Axon”). Agency will receive TASER 7 Conducted Energy Weapon (“CEW”) hardware, accessories, warranty, and services documented in the attached Quote Appendix (“Quote”). 1 Term. The start date is based on the initial shipment of TASER 7 hardware (“Start Date”). If shipped in the first half of the month, the Start Date is the 1st of the following month. If shipped in the last half of the month, the Start Date is the 15th of the following month. The TASER 7 term will end upon completion of the associated TASER 7 subscription in the Quote (“Term”). If the Quote has multiple TASER 7 ship dates, each shipment will have a 60-month term, starting on the shipment of TASER 7 as described above. 2 Unlimited Duty Cartridge Plan. If the Quote includes “Unlimited Duty Cartridge Plan”, this section applies. Agency must purchase an Unlimited Duty Cartridge Plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and ones that only use a CEW for training. Agency may not resell cartridges received under any TASER 7 plan. Axon will only replace cartridges used in the line of duty. 3 Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. During the Term, Axon will issue Agency a voucher annually beginning on the Start Date. The voucher has no cash value. Agency cannot exchange it for another product or service. If the Quote includes Axon Online Training or Virtual Reality Content (collectively, “Training Content”), Agency may access Training Content during the Term. Axon will deliver all Training Content electronically. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. 4 Payment. Unless specified in the Quote, Axon will invoice Agency on the Start Date and then on the Start Date anniversary during the Term, if annual payments are elected. Payment is due net 30 days from the invoice. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. Unless Agency provides Axon a valid and correct tax exemption certificate applicable to the purchase and ship -to location, Agency is responsible for all taxes associated with the order. 5 Shipping. Axon may make partial shipments and ship from multiple locations. All shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon delivery to common carrier by Axon. Agency is responsible for any shipping charges in the Quote. Shipping dates are estimates only. If the Quote includes future deliveries of hardware, Axon will ship hardware to Agency’s address on the Quote. 6 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 7 Hardware Limited Warranty. Axon warrants that Axon-manufactured hardware is free from defects in workmanship and materials for 1 year from the date of Agency’s receipt. Axon warrants its Axon-manufactured accessories for 90-days from the date of Agency’s Town Council Meeting Page 98 of 171 October 13, 2020 Axon Enterprise, Inc.’s TASER 7 Agreement Title: TASER 7 Agreement Page 2 of 8 Department: Legal Version: 2.0 Release Date: 11/20/2019 receipt. Used CEW cartridges are deemed to have operated properly. Non-Axon manufactured Devices are not covered by Axon’s warranty. Agency should contact the manufacturer for support of non-Axon manufactured Devices. If Axon receives a valid warranty claim for Axon manufactured hardware during the warranty term, Axon’s sole responsibility is to repair or replace the hardware with the same or like hardware, at Axon’s option. Replacement hardware will be new or like new. Axon will warrant the replacement hardware for the longer of (a) the remaining warranty of the original hardware or (b) 90-days from the date of repair or replacement. If the Quote includes an extended warranty, the extended warranty coverage begins on the Start Date and continues for the Term for the hardware covered by the extended warranty on the Quote. If Agency exchanges hardware or a part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering hardware for service, Agency must upload hardware data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the hardware sent to Axon for service. 8 Warranty Limitations. Axon’s warranty obligations exclude damage related to (a) failure to follow instructions on product’s use; (b) products used with products not manufactured or recommended by Axon; (c) abuse, misuse, intentional, or deliberate damage to the product; (d) force majeure; (e) products repaired or modified by persons other than Axon without the written permission of Axon; or (f) products with a defaced or removed serial number. To the extent permitted by law, the warranties and remedies set forth above are exclusive and Axon disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. Axon’s cumulative liability to any party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 9 Spare Products. Axon may provide Agency a fixed number of spares for TASER 7 hardware in the Quote (“Spare Products”). Spare Products will replace non-functioning units. If Agency uses a Spare Product, Agency must return non-functioning units to Axon, and Axon will repair or replace the non-functioning unit. If Agency does not return Spare Products to Axon within 30 days of termination of this Agreement, Axon will invoice Agency the MSRP then in effect for all unreturned Spare Products. Town Council Meeting Page 99 of 171 October 13, 2020 Axon Enterprise, Inc.’s TASER 7 Agreement Title: TASER 7 Agreement Page 3 of 8 Department: Legal Version: 2.0 Release Date: 11/20/2019 10 Trade-In. If a trade-in discount is on the Quote, Agency must return used hardware and accessories associated with the discount (“Trade-In Units”) to Axon. Agency must ship batteries via ground shipping. Axon will pay the shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in discount. Agency may not destroy Trade-In Units and receive a trade-in discount. Agency Size Days to Return from Start Date Less than 100 officers 30 days 100 to 499 officers 90 days 500+ officers 180 days 11 Product Warnings. See www.axon.com/legal for the most current Axon product warnings. 12 Design Changes. Axon may make changes in the design of any of Axon’s products and services without notifying Agency or making the same change to products and services previously purchased. Axon may replace end of life products with the next generation of that product without notifying Agency. 13 Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: 13.1. TASER 7 extended warranties and access to Training Content will terminate. N o refunds will be given. 13.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. 13.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. 14 Delays. Axon will use reasonable efforts to deliver products and services as soon as practicable. If delivery is interrupted due to causes beyond Axon’s control, Axon may delay or terminate delivery with notice. 15 Proprietary Information . Agency agrees Axon has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute Axon products and services. Agency will not directly or indirectly cause any proprietary rights to be violated. 16 Export Compliance. Each party will comply with all import and export control laws and regulations. 17 Assignment. Agency may not assign or transfer this Agreement without Axon’s prior written approval. Town Council Meeting Page 100 of 171 October 13, 2020 Axon Enterprise, Inc.’s TASER 7 Agreement Title: TASER 7 Agreement Page 4 of 8 Department: Legal Version: 2.0 Release Date: 11/20/2019 18 Governing Law; Venue. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute that might arise between the parties. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 19 Entire Agreement. This Agreement, including the appendices, represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties . If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc. Agency Signature: Signature: Name: Name: Title: Title: Date: Date: Town Council Meeting Page 101 of 171 October 13, 2020 Axon Enterprise, Inc.’s TASER 7 Agreement Title: TASER 7 Agreement Page 5 of 8 Department: Legal Version: 2.0 Release Date: 11/20/2019 TASER 7 Evidence.com Terms of Use Appendix 1 Definitions. “Agency Content” is data uploaded into, ingested by, or created in Axon Evidence within Agency’s tenant, including media or multimedia uploaded into Axon Evidence by Agency. Agency Content includes Evidence but excludes Non-Content Data. “Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. “Non-Content Data” is data, configuration, and usage information about Agency’s Axon Evidence tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. 2 Subscription Term. The TASER 7 Axon Evidence Subscription Term begins on the Start Date. 3 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Axon Evidence Subscription Term. Agency may not upload any non-TASER 7 data or any other files to Axon Evidence. Agency may not exceed the number of end-users than the Quote specifies. 4 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content are not business records of Axon. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will have limited access to Agency Content solely for providing and supporting Axon Evidence to Agency and Agency end-users. 5 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Axon Evidence and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 6 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Content and n o Agency Content or Agency end user’s use of Agency Content or Axon Evidence violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Evidence. If Agency becomes aware of any violation of this Agreement by an end-user, Agency will immediately terminate that end user’s access to Axon Evidence. Town Council Meeting Page 102 of 171 October 13, 2020 Axon Enterprise, Inc.’s TASER 7 Agreement Title: TASER 7 Agreement Page 6 of 8 Department: Legal Version: 2.0 Release Date: 11/20/2019 Agency is also responsible for maintaining the security of end-user names and passwords and taking steps to maintain appropriate security and access by end-users to Agency Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Agency may download the audit log at any time. Agency shall contact Axon immediately if an unauthorized third party may be using Agency’s account or Agency Content or if account information is lost or stolen. 7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content so Agency may file an objection with the court or administrative body. Agency acknowledges and agrees that Axon may access Agency Content in order to: (a) perform troubleshooting services upon request or as part of Axon’s maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of Axon Evidence Services; (c) generate aggregated data, excluding information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (collectively, “PII”), to improve, analyze, support, and operate Axon’s current and future products and services. 8 Storage. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access. 9 Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for storage. Axon will determine the locations of data centers where Agency Content will be stored. For United States agencies, Axon will ensure all Agency Content stored in Axon Evidence remains within the United States. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may suspend Agency access or any end-user’s right to access or use any portion or of Axon Evidence immediately upon notice, if: 10.1. The Termination provisions of the TASER 7 Terms and Conditions apply; 10.2. Agency or an end-user’s use of or registration for Axon Evidence (i) poses a security risk to Axon Evidence or any third party, (ii) may adversely impact Axon Evidence or the systems or content of any other customer, (iii) may subject Axon, Axon’s affiliates, or any third party to liability, or (iv) may be fraudulent; Agency remains responsible for all fees incurred through the date of suspension without any credits for any period of suspension. Axon will not delete any of Agency Content on Axon Evidence due to suspension, except as specified elsewhere in this Agreement. 11 Axon Evidence Warranty. Axon warrants that Axon Evidence will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to Axon Evidence. Town Council Meeting Page 103 of 171 October 13, 2020 Axon Enterprise, Inc.’s TASER 7 Agreement Title: TASER 7 Agreement Page 7 of 8 Department: Legal Version: 2.0 Release Date: 11/20/2019 12 Axon Evidence Restrictions. All Axon Evidence subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end-users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence; 12.2. reverse engineer, disassemble, or decompile Axon Evidence or apply any other process to derive any source code included in Axon Evidence, or allow any others to do the same; 12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4. use trade secret information contained in Axon Evidence, except as expressly permitted in this Agreement; 12.5. access Axon Evidence to build a competitive product or service or copy any features, functions, or graphics of Axon Evidence; 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Evidence; or 12.7. use Axon Evidence to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third-party privacy rights, or to store or transmit malicious code. 13 After Termination. Axon will not delete Agency Content for 90 days following termination. During these 90 days, Agency may retrieve Agency Content only if all amounts due have been paid. There will be no application functionality of Axon Evidence during these 90 days other than the ability to retrieve Agency Content. Agency will not incur any additional fees if Agency Content is downloaded from Axon Evidence during these 90 days. Axon has no obligation to maintain or provide any Agency Content after these 90 days and will thereafter, unless legally prohibited delete all of Agency Content stored in Axon Evidence. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from Axon Evidence. 14 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s Data Egress Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Evidence on behalf of U.S. Federal department, Axon Evidence is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data,” as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Evidence on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue the use of Axon Evidence. Town Council Meeting Page 104 of 171 October 13, 2020 Axon Enterprise, Inc.’s TASER 7 Agreement Title: TASER 7 Agreement Page 8 of 8 Department: Legal Version: 2.0 Release Date: 11/20/2019 16 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Content, Storage, Axon Evidence Warranty, and Axon Evidence Restrictions. Town Council Meeting Page 105 of 171 October 13, 2020 Payment Terms: Net 30 Delivery Method: Fedex -Ground Q-258987-44098.943JT Year 1 Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Hardware 20213 TASER 7 CQ HANDLE CLASS 3R 20 0.00 0.00 0.00 20020 TASER 7 BATTERY PACK, NON- RECHARGEABLE 20 0.00 0.00 0.00 20063 TASER 7 HOLSTER -SAFARILAND, RIGHT HAND 18 0.00 0.00 0.00 20068 TASER 7 HOLSTER -SAFARILAND, LEFT HAND 2 0.00 0.00 0.00 74208 TASER 7 SINGLE BAY BATTERY DATAPORT, NORTH AMERICA 1 0.00 0.00 0.00 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 60 0.00 0.00 0.00 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 40 0.00 0.00 0.00 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 1 0.00 0.00 0.00 20219 TASER 7 CQ HANDLE 4-YEAR EXTENDED WARRANTY 20 0.00 0.00 0.00 20221 SINGLE BAY DATAPORT 4-YEAR EXTENDED WARRANTY 1 0.00 0.00 0.00 Other 20227 TASER 7 CQ BUDGET PLAN 20 0.00 0.00 0.00 20247 TASER 7 ONLINE TRAINING CONTENT ACCESS LICENSE 60 20 0.00 0.00 0.00 Issued: 09/24/2020 Quote Expiration: 09/30/2020 Account Number: 108542 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Protect Life. PRIMARY CONTACT Steve Woodard Phone: (682) 237-2954 Email: swoodard@trophyclub.org BILL TO Trophy Club Police Dept. -TX 1 Trophy Wood Drive Trophy Club, TX 76262 US SHIP TO Steve Woodard Trophy Club Police Dept. -TX 1 Trophy Wood Drive Trophy Club, TX 76262 US SALES REPRESENTATIVE Joshua Taylor Phone: (480) 463-2155 Email: jotaylor@taser.com Fax: (480) 999-6152 Q-258987-44098.943JT 1Town Council Meeting Page 106 of 171 October 13, 2020 Year 1 (Continued) Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Other (Continued) 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED)1 0.00 0.00 0.00 71019 NORTH AMER POWER CORD FOR AB3 8- BAY, AB2 1-BAY / 6-BAY DOCK 1 0.00 0.00 0.00 20224 TASER 7 CQ BUDGET PAYMENT 12 20 468.00 434.00 8,680.00 Subtotal 8,680.00 Estimated Shipping 0.00 Estimated Tax 0.00 Total 8,680.00 Trade-In Credit Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Other 20104 TASER 7 TRADE-IN UPFRONT PURCHASE 20 0.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 2 Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Hardware 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 40 0.00 0.00 0.00 Other 20224 TASER 7 CQ BUDGET PAYMENT 12 20 468.00 434.00 8,680.00 Subtotal 8,680.00 Estimated Tax 0.00 Total 8,680.00 Year 3 Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Hardware 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 40 0.00 0.00 0.00 20020 TASER 7 BATTERY PACK, NON- RECHARGEABLE 20 0.00 0.00 0.00 Protect Life.Q-258987-44098.943JT 2Town Council Meeting Page 107 of 171 October 13, 2020 Year 3 (Continued) Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Other 20224 TASER 7 CQ BUDGET PAYMENT 12 20 468.00 434.00 8,680.00 Subtotal 8,680.00 Estimated Tax 0.00 Total 8,680.00 Year 4 Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Hardware 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 40 0.00 0.00 0.00 Other 20224 TASER 7 CQ BUDGET PAYMENT 12 20 468.00 434.00 8,680.00 Subtotal 8,680.00 Estimated Tax 0.00 Total 8,680.00 Year 5 Item Description Term (Months)Quantity List Unit Price Net Unit Price Total (USD) Hardware 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 40 0.00 0.00 0.00 Other 20224 TASER 7 CQ BUDGET PAYMENT 12 20 468.00 434.00 8,680.00 Subtotal 8,680.00 Estimated Tax 0.00 Total 8,680.00 Grand Total 43,400.00 Protect Life.Q-258987-44098.943JT 3Town Council Meeting Page 108 of 171 October 13, 2020 Summary of Payments Payment Amount (USD) Year 1 8,680.00 Trade-In Credit 0.00 Year 2 8,680.00 Year 3 8,680.00 Year 4 8,680.00 Year 5 8,680.00 Grand Total 43,400.00 Discounts (USD) Quote Expiration: 09/30/2020 List Amount 46,800.00 Discounts 3,400.00 Total 43,400.00 *Total excludes applicable taxes Protect Life.Q-258987-44098.943JT 4Town Council Meeting Page 109 of 171 October 13, 2020 Tax is subject to change at order processing with valid exemption. Axon’s Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable.Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (i ncluding but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind t hat entity. If you do not have this authority, please do not sign this Quote. Signature:CustSIG Date:CustDate Name (Print):CustName Title:CustTitle PO# (Or write N/A):CustPo Please sign and email to Joshua Taylor at jotaylor@taser.com or fax to (480) 999-6152 Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com The trademarks referenced above are the property of their respective owners. Protect Life.Q-258987-44098.943JT 5 ***Axon Internal Use Only*** Review 1 Review 2 SFDC Contract #: Order Type: RMA #: Address Used: SO #: Comments: Town Council Meeting Page 110 of 171 October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-306-T Name: Status:Type:Agenda Item Draft File created:In control:9/24/2020 Town Council On agenda:Final action:10/13/2020 Title:Take appropriate action adopting Ordinance 2020-18 regarding the Municipal Utility District’s amendment to increase fees for customers within the boundaries of the Public Improvement District No.1 (PID) (T. Uzee). Attachments:Staff Report - MUD Sept 2020 PID Rate Order Change.pdf ORD. 2020-18 PID Water Fees.pdf TCMUD Order No 2020-0921B Rate Order.pdf Action ByDate Action ResultVer. Take appropriate action adopting Ordinance 2020-18 regarding the Municipal Utility District’s amendment to increase fees for customers within the boundaries of the Public Improvement District No.1 (PID) (T. Uzee). Town Council Meeting Page 111 of 171 October 13, 2020 Page 1 of 2 To: Mayor and Town Council From: Tommy Uzee, Director of Community Development CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: PID Water Fees Rate Change Town Council Meeting, October 13, 2020 Agenda Item: Take appropriate action adopting Ordinance 2020-18 regarding the Municipal Utility District’s new fee for Meters for customers within the boundaries of the public Improvement District No 1 (PID). (T. Uzee) Strategic Link: Infrastructure & Development – Collaborate effectively with other governmental entities Background and Explanation The TCMUD No. 1 Board of Directors met on September 21, 2020 to determine rate changes. When the MUD Board approves rate changes, the Town is required to adopt a Town Rate Order identical to the amended MUD Rate Order according to the Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services. The changes provided on the attachments identify a slight rate increase in water meter fees for residential and commercial applications. Residential 1 inch meter size changed from $353 per meter to $355 per meter. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and concurs with the Staff recommendation. Board/Commission/Committee Recommendation: Town Council Meeting Page 112 of 171 October 13, 2020 Page 2 of 2 The TCMUD No. 1 Board approved Rate Order No. 2020-0921B to amend water meter fees. Staff Recommendation: Staff recommends approval of Ordinance No. 2020-18, as submitted. Attachments: • Ordinance 2020-18 PID Water Fees • TCMUD No. 1 Rate Order No. 2020-0921B Mayor C. Nick Sanders or designee Town Council Meeting Page 113 of 171 October 13, 2020 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2020-18 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SUBSECTION (C) METER FEE, OF SECTION A1.014, WATER AND WASTEWATER FEES FOR PUBLIC IMPROVEMENT DISTRICT NO. 1, OF ARTICLE A1.000, GENERAL PROVISIONS, OF APPENDIX A, FEE SCHEDULE, OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING FOR SAVINGS AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, fees imposed by the Town are adopted via Ordinance and are codified in Appendix A of the Code of Ordinances of the Town; and WHEREAS, Appendix A, Article A1.000, Section A1.014 of the Town of Trophy Club Code of Ordinances contains fees for public works for the Trophy Club Public Improvement District No. 1 (hereinafter “PID”), including fees for meters utilized within the PID; and WHEREAS, the Town of Trophy Club (the “Town”) is the owner and/or operator of a water and sewer system designed to serve present and future inhabitants of the Trophy Club Public Improvement District No. 1 (the “Town System”); and WHEREAS, under the Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services between the Town and Trophy Club Municipal Utility District No. 1 dated July 25, 2017 (the “Contract”), the Trophy Club Municipal Utility District No. 1 (the “MUD”) has agreed to provide the Town with wholesale water and wastewater services and with operations services related to the Town System within the boundaries of the PID Property, as that term is defined in the Contract; and WHEREAS, Section 7.1(a) of the Contract requires that the MUD shall provide to Town any amended or revised MUD Rate Order adopted by MUD and Town shall adopt a Town Rate Order identical to the amended or revised MUD Rate Order. The Town shall adopt a Town Rate Order identical to the amended or revised MUD Rate Order provided that the Town has received receipt of the amended or revised MUD Rate Order at least 96 hours before a regularly scheduled Council meeting. In the event that the Town receives receipt of the amended or revised MUD Rate Order with less than 96 hours before a regularly scheduled Council meeting then the Town shall adopt a Town Rate Town Council Meeting Page 114 of 171 October 13, 2020 ORD 2020-18 Page 2 of 4 Order identical to the amended or revised MUD Rate Order at the second regularly scheduled Council meeting after receiving receipt of the amended or revised MUD Rate Order; and WHEREAS, Sections 3.9 and 4.10 of the Contract require the Town to adopt retail water and wastewater service rules, regulations and policies at least as stringent as the provisions of amended or revised MUD service rules, regulations or policies (the “MUD Service Rules and Policies”) within sixty (60) days of Town’s receipt of the amended or revised MUD Service Rules and Policies; and WHEREAS, the Town received a revised MUD Rate Order, with revised MUD Service Rules and Policies, on September 21, 2020 with an effective date of October 1, 2020; and WHEREAS, the Town Council hereby finds that amending Subsection (c) of Section A1.014, Water and Wastewater Fees for PID No. 1, of Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances, as further specified herein, meets its contractual obligations pursuant to the Contract and serves the best interests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Subsection (c) of Section A1.014, Water and Wastewater Fees for PID No. 1, of Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances are hereby amended as follows and all other subsections not expressly mentioned hereafter shall remain the same: “APPENDIX A FEE SCHEDULE ARTICLE A1.000 GENERAL PROVISIONS . . . Section A1.014 Water and Wastewater Fees for Public Improvement District No. 1 . . . (c) Meter fee – Domestic 1” meter: $3553.00. Town Council Meeting Page 115 of 171 October 13, 2020 ORD 2020-18 Page 3 of 4 Meter fees for meter sizes less than or greater than 1” shall be based upon the fee charged by the Trophy Club Municipal Utility District No. 1 (“MUD1”) in accordance with its duly adopted rate order. …” SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting fees and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Town Council Meeting Page 116 of 171 October 13, 2020 ORD 2020-18 Page 4 of 4 SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect on October 13, 2020 in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 13th day of October 2020. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO Town of Trophy Club, Texas APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas Town Council Meeting Page 117 of 171 October 13, 2020 RATE ORDER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 ORDER NO. 2020-0316A0921B AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND RATES FOR WATER AND SEWER SERVICE; PROVIDING FEES FOR CONNECTION, RECONNECTION, INSPECTION, ACCURACY READINGS, AND RETURNED CHECKS; REQUIRING DEPOSITS FOR SERVICE; PROVIDING A PENALTY FOR DELINQUENT PAYMENTS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is the owner and/or operator of a water and sewer system designed to serve present and future inhabitants within the District and the Trophy Club Development; and WHEREAS, the District’s most recent Rate Order was adopted on September 16, 2019March 16, 2020 (Order No 20192020-0916A0316A), and additional modifications are needed. The District desires to establish all of its rate policies in a single new Rate Order; and WHEREAS, the Board of Directors of the District has carefully considered the terms of this Rate Order No. 2020-0316A921B and is of the opinion that the following conditions and provisions should be established as the policies, procedures, and rates for obtaining service from the District’s water and sewer system. THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT: ARTICLE I TAP FEES AND CONNECTION POLICY Section 1.01. Initiation of Water and Sanitary Sewer Connections. Each person desiring a water and sanitary sewer service connection to the District’s System shall be required to pay such fees as set forth in this Order. No service shall be established or re-established until such fees are paid. All service connections are subject to all other rules, regulations, and policies of the District. A. Certification of System. Connections shall not be made to the District’s System or portions of the System until the District’s engineer or District staff has certified that the System or applicable portion thereof is operable and meets all regulatory requirements. B. Backflow Prevention. No water connections from any public drinking water supply system shall be allowed to any residential or commercial establishment where an actual or potential contamination hazard exists unless the public water facilities are protected from contamination. Town Council Meeting Page 118 of 171 October 13, 2020 At any residential or commercial establishment where an actual or potential contamination hazard exists, protection shall be required in the form of a backflow prevention assembly. The type of assembly required shall be specified by the District. The existence of potential contamination hazards without installation having been made of the means of control and prevention as set out in the preceding paragraph; or, the same having been installed, there is a failure to properly maintain the same, shall be considered sufficient grounds for immediate termination of water service. Service can be restored only when the health hazard no longer exists, or when the health hazard has been isolated from the public water system in accordance with the foregoing requirements. All backflow prevention assemblies that are required according to this section shall be tested upon installation by a recognized backflow prevention assembly tester and certified to be operating within specifications. Backflow prevention assemblies that are installed to provide protection against health hazards must also be tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester. The Customer shall, at his expense, properly install, test, and maintain any backflow prevention device required by this Rate Order. Copies of all testing and maintenance records shall be provided to the District within ten (10) days after maintenance and/or testing is performed. If the Customer fails to comply with the terms of this Order, the District shall, at its option, either terminate service to the property or properly install, test, and maintain an appropriate backflow prevention device at the service connection at the expense of the Customer. Any expenses associated with the enforcement of this agreement shall be billed to the Customer. C. Availability of Access/Obstructions. By application for connection to the District’s System, the Customer shall be deemed to be granting to the District and its representatives a right of ingress and egress to and from the meter or point of service for such installation, maintenance and repair as the District, in its judgment, may deem reasonably necessary. The Customer shall also be deemed to be granting to the District and its representatives a right of ingress and egress to the Customer’s property, including the exterior of the Customer’s premises, for the purpose of performing the inspections and completing the Customer’s Service Inspection Certifications required by the District’s rules and regulations. Taps and connections will not be made when, in the opinion of the District, building materials or other debris obstructs the work area or the work area is not completed or finished to grade. When sidewalks, driveways or other improvements have been constructed prior to application for service, such application shall be construed and accepted as the Customer’s waiver of a claim for any damages to such improvements resulting from the reasonable actions of the District in installation of the connection. Town Council Meeting Page 119 of 171 October 13, 2020 Section 1.02. Residential Fire Lines, Connections, and Fees. A residence of at least six-thousand (6,000) square feet but less than eight-thousand (8,000) square feet shall have installed on its one-inch (1”) water service line, for fire protection, a one-inch (1”) U-branch, with a separate meter and meter-box. The cost of installation, including parts, equipment, and labor shall be eight-hundred dollars ($800.00), payable at the time of permitting. A residence of eight-thousand (8,000) square feet or greater, in addition to its regular one- inch (1”) water service line, shall have installed a separate one-and one-half (1 ½ “) water service line for fire protection with its own meter and meter-box. The cost of connection and installation of the fire line and meter shall be either one thousand six hundred dollars ($1,600.00) if the home is on the same side of the street as the waterline; or, if it is on the opposite side of the street from the waterline, necessitating boring, then the charge shall be two five thousand nine hundred seventy five dollars ($2,9755,975.00), payable at the time of permitting to the District. Section 1.03. Connections by District. All Connections to the District’s water and sewer system shall be made with written approval of the District and in accordance with the District’s Plumbing Code and its rules and regulations. No person except the General Manager or his/her authorized agent shall be permitted to tap or make any connection to the mains or distribution piping of the District’s water system, or make any repairs, additions to, or alterations in any meter, box, tap, pipe, cock or other fixture connected with the water system or any manhole, main, trunk or appurtenance of the District’s sanitary sewer system. No sewer connection shall be covered in the ground and no house lead shall be covered in the ground before it has been inspected and approved by a licensed plumbing inspector with jurisdiction of the site. Section 1.04. Water and Sewer Tap Fees. Fees for water and sewer taps performed by the District are as follows: Water Service Taps: Size Fee for Tap Bore (if applicable) up to 1" Tap $1,200.00 $5,000.00 2" Tap $1,800.00 $10,000.00 3" Tap $4,500.00 $10,000.00 4" Tap $5,500.00 $10,000.00 6" Tap $6,500.00 $10,000.00 8" Tap $7,500.00 $10,000.00 10" Tap $8,500.00 $10,000.00 Sewer Service Taps: Actual cost plus 10%. An estimate will be provided prior to work being performed. Town Council Meeting Page 120 of 171 October 13, 2020 When water taps have been made by someone other than the District personnel, there is an installation/inspection fee of fifty dollars ($50.00) plus the cost of the appropriate meter. Section 1.05. Inspections and Fees. Fees for permits and for plumbing inspections (other than for sewer and backflow inspections referred to below in subparagraphs A and B) should be paid to the city or town in which the property is located or to the District if the property is not located within a city or town. A. Sewer Inspection and Fees. Sewer connections and house service lines shall be inspected by the District. An inspection fee of one-hundred-fifty dollars ($150.00) shall be paid to the District for each connection to the District sanitary sewer system. Installations that fail to conform at any time to the rules and regulations shall be disconnected. Any customer whose connection is disconnected for such failure shall be notified as to the basis for such disconnection. After noted deficiencies have been corrected, a re-inspection shall be made upon payment to the District of a re- inspection fee of twenty-five dollars ($25.00), plus payment by the customer of all outstanding charges. If subsequent re-inspections are required before the sewer connection and service lines are in compliance with the rules and regulations, a re- inspection fee of twenty-five dollars ($25.00) shall be paid to the District for each subsequent re-inspection. Inspections by the District requested after regular business hours will be charged at a minimum of one-hundred dollars ($100.00). B. Backflow Inspections. Backflow installations (residential and commercial) that require annual inspections must have a certified Backflow Technician perform the testing and submit the report annually to the District. C. Swimming Pool Discharge into Sanitary Sewer System. New swimming pools permitted on or after June 24, 2005, shall have all backwash and/or drainage from said pool discharge into the sanitary sewer system. Owners of pools built or permitted prior to July 1, 2005 are not required to retrofit the pool equipment and tie into the sanitary sewer. However, swimming pool backwash and drainage must drain to grassy areas and is not permitted to flow into the storm drain system, creeks, or other waterways. For swimming pools discharging to the sanitary sewer system, an indirect connection shall be made by means of an air break, discharging into a tailpiece installed a minimum of six inches (6”) (or 152 mm) above adjacent grade. The tailpiece shall be connected to a minimum three-inch (3” or 76mm) p-trap not less than twelve inches (12” or 304 mm) below grade which discharges into the yard cleanout riser. Backwash systems shall not flow onto neighboring properties or into the storm sewer. The tie-in and inspection fee shall be seventy-five dollars ($75.00) to be paid at the time of issuance of the pool permit. Town Council Meeting Page 121 of 171 October 13, 2020 Section 1.06 Temporary Water Service-Construction Meters. A. Construction Meters. The District shall be authorized to make a temporary connection to any fire hydrant or flushing valve upon request for temporary water service. All temporary service shall be metered and billed to the temporary customer as provided herein. All unauthorized withdrawal of water from flushing valves, fire hydrants, or other appurtenances of the District’s System is prohibited. B. Application and Deposit. Each temporary customer desiring temporary water service shall be required to execute an application for such temporary service and shall provide a minimum-security deposit of one-thousand-seven-hundred- seventy-five dollars ($1,775.00) for a three-inch (3”) meter and RPZ; one-thousand- four-hundred-twenty-five dollars ($1,425.00) for a smaller meter and smaller RPZ. The deposit shall be made by cashier’s check or money order payable to the District. The deposit shall be used by the District to secure the payment for temporary water supplied by the District, the installation fee, and the cost of repair of any damages caused by the temporary customer. The balance of the security deposit, if any, shall be refunded after disconnection from the District’s System. C. Construction Meter Fees and Rates. Construction meters will be charged the same monthly rates (base fee and volumetric rate) for water as commercial accounts as set forth in Article II of this Rate Order. D. Temporary Construction Meter Use and Billing. Construction meters can be rented by filing an application at the District office and payment of all required deposits. Upon approval of the application, a temporary meter and RPZ will be provided to the applicant. Installation on any fire hydrant or flush valve must be approved by the District and District meters may only be used within the District’s service area. The location of installation must be indicated on the application and cannot be relocated unless notification is provided to and approved by the District in advance. Temporary meters may only be rented for a period of ninety (90) days and extensions may be approved upon request and approval. Failure to return a temporary meter or request a usage extension by the due date will result in repossession of the meter and forfeiture of the deposit. Upon return of a temporary construction meter, an inspection of the meter and RPZ will be performed. Any and all damages to the meter and/or RPZ will be charged to the customer and deducted from the deposit. If the deposit does not cover the total amount of damages, the balance will be billed to the customer and payment must be received by the due date. Failure to pay all charges due will result in suspension of rental privileges until payment in full and may result in collection procedures. E. Return of Temporary Meter at District Request. The District reserves the right to request the return of a temporary construction meter at any time determined Town Council Meeting Page 122 of 171 October 13, 2020 necessary by the District. Should Stage 2 Drought Restrictions or more stringent restrictions be implemented, all temporary construction meters must be returned within three (3) business days of notification by the District. Failure to promptly return the temporary meter within three business days will result in repossession of the meter and forfeiture of the deposit. Should District personnel be unable to locate the temporary meter for repossession, theft charges will be filed against the meter holder with local law enforcement. Section 1.07 Service Outside the District. The rates and charges stated in this Rate Order are for services to customers and property located within the boundaries of the District. Any service to a customer or property located outside the boundaries of the District shall be granted only upon approval by the Board of Directors of the District. Out of District customers will pay the adopted rates for in district customers plus 15% for both water and sewer base and volumetric rates. For the purpose of customer classification, Trophy Club Park at Lake Grapevine is considered “in-district” and subject to all rates and service provisions related to in-district customers. Section 1.08 Service to New Development and Extension of Facilities. A. New Service Connections and Extension of Facilities. New service connections and extension of facilities must be constructed and installed in accordance with the District’s Rules Governing New Service Connections and Extension of Facilities as approved through separate Resolution by the Board of Directors. Applicants for Non-Standard Service must submit all required information and pay all fees prior to conveyance of facilities and service commencement. B. Application Fee for Non-Standard Service. Upon request for non-standard service an application fee of $150 must be submitted. C. Design of Facilities. All water and wastewater facilities to be constructed to extend service to new developments must be designed by a professional engineer licensed in the State of Texas at the applicant’s expense. The District must approve the plans and specifications prior to the commencement of construction. At the time of plan review submittal, the applicant must provide payment to the District in the amount of $2,500.00 as deposit for review of each set of plans and specifications reviewed by the District’s engineer. The actual final fee for plan review by the District’s engineer shall be provided to the applicant upon approval of the plans. If there is a balance due over the $2,500 paid by the applicant at submittal, the balance due shall be paid by the applicant prior to receiving District approval of plans and specifications. District construction plans, and specifications shall be strictly adhered to, but the District reserves the right to change order any specifications, due to unforeseen circumstances during the design or construction of the proposed facilities, or as otherwise authorized by applicable laws, to better facilitate the operation of the facility. All expenses and costs associated with a change order shall be charged to the Town Council Meeting Page 123 of 171 October 13, 2020 applicant. Service to new developments is subject to available capacity in the District’s water and wastewater systems. All new potential developments must seek written approval from the General Manager that capacity is available to serve and may be required to install offsite improvements if capacity is not available with current system infrastructure. D. Inspection Fees. The District will inspect all infrastructure during construction. Inspection fees of $100 per lot must be paid to the District prior to a notice to proceed being issued. A minimum of $500 for inspection fees is required if less than five (5) lots are to be developed. Section 1.09 Water Meter Fees. METER SIZE WATER METER FEE 5/8" $279300 1" $3535 1-1/2" $736 2" Quoted at Time of Purchase 3" Quoted at Time of Purchase 4" Quoted at Time of Purchase 6" Quoted at Time of Purchase 8" Quoted at Time of Purchase 10" Quoted at Time of Purchase Fees must be received by the District before any connection is installed. A customer seeking service through an oversized connection line or from a meter larger than a one-inch (1”) standard meter shall follow the District’s policy for new development as outlined in Section 1.07 above. Should approval be granted by the District, the customer agrees to pay the water and sewer rates as outlined in Article II of this Rate Order. Section 1.10. Fort Worth Impact Fee. Each customer requesting an initial connection, shall also pay to the District the applicable City of Fort Worth Impact Fee. Section 1.11. Title to Facilities. Title to all water meters, water and sewer taps, and all other appurtenances, including meter boxes, shall lie in the District. Town Council Meeting Page 124 of 171 October 13, 2020 ARTICLE II SERVICE RATES Section 2.01. Water Service Rates. The following monthly rates for water service shall be in effect for each separate connection within the District. The base rate for each connection (meter) is calculated upon meter size and will be charged for each residential and commercial meter: (1) Water Rates BASE RATES: METER SIZE MONTHLY BASE RATE 5/8" & 3/4" $18.15 1" $34.11 1.5" $60.26 2" $91.63 3" $164.84 4" $269.43 6" $530.89 VOLUMETRIC RATES: Gallons Used Rate per 1000 gallons 0 to 6,000 $3.96 6,001 to 17,000 $4.61 17,001 to 25,000 $5.34 25,001 to 50,000 $6.20 50,001+ $7.21 (2) Multi-Unit Buildings. Each multi-unit building (apartments, townhomes, business complex, etc.) served by a single 5/8” meter or 1” meter shall be billed the base rate for the meter size servicing the building multiplied by the number of units in the building or complex. Town Council Meeting Page 125 of 171 October 13, 2020 Section 2.02. Sew er Service Rates. The following monthly rates for the collection and disposal of sewage shall be in effect for each separate connection within the District: Residential Sewer Rates: The District uses winter averaging for the purpose of calculating sewer charges on utility bills. The sewer charges are based on average water consumption for three months (December, January and February billing). The average consumption will be analyzed annually and take effect the first of April each year. New customers will be assigned a default value user charge that is equal to the average winter water use for all residential customers. The winter average used for new residential customer is 7,000 gallons. A customer with a water leak during the averaging months may request a reduction in the sewer usage calculation. Any customer filling a pool after resurfacing, construction or major repairs during the averaging months may request that their winter average calculation be adjusted. Requests for a reduction in sewer usage calculations must be submitted in writing to the General Manager and have documentation showing the construction or repairs as applicable to the issue. The General Manager or a duly authorized representative may adjust the metered water usage in determining the winter average. To assist in establishing winter averaging sewer rates, customers are encouraged to submit requests for sewer average reductions no later than March 15th. A. Residential Sewer Rates: Effective April 1, 2020 Base Rate: $ 22.15 0 to 4,000 $ 4.10 4,001 to 8,000 $ 5.85 8,001 to 12,000 $ 8.25 12,000+ $ 11.75 B. Commercial Sewer Rates: Effective April 1, 2020 Base Rate: $ 22.15 Volumetric Rate: $ 6.94 *Commercial sewer usage is billed based on actual water usage per month Town Council Meeting Page 126 of 171 October 13, 2020 C. Multi-Unit Buildings. Each multi-unit building (apartments, townhomes, business complex, etc.) shall be billed the base rate for each meter servicing the building and sewer usage will be billed based on actual water usage per month. Section 2.03 Effluent Charge. The effluent from the District’s wastewater treatment plant will be sold pursuant to separate contracts entered into with the District and approved by its Board of Directors. Section 2.04. Master Meter (Cooling Tower Calculation). The water usage from the master meter reading minus the reading from the “Blow Down” meter equals the “evaporation.” Water usage less “evaporation” equals sewer usage for billing purposes. Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas Water Code, and 30 TAC 291.76, the District shall collect and pay an annual regulatory assessment fee to the Texas Commission on Environmental Quality (“TCEQ”) in the amount required by law on the total charges for retail water and sewer service billed to its customers annually. The regulatory assessment fee will be detailed separately on customer bills. Section 2.07. No Reduced Rates or Free Service. All customers receiving water and/or sewer service from the District shall be subject to the provisions of this Order and shall be charged the rates established in this Order. No reduced rate or free service shall be furnished to any customer whether such user be a charitable or eleemosynary institution, a political subdivision, or municipal corporation; provided, however, this provision shall not prohibit the District from establishing reasonable classifications of customers. ARTICLE III SERVICE POLICY Section 3.01. Security Deposits. Security deposits shall be required as follows: A. Builder’s Deposit. A seventy-five dollar ($75.00) security deposit shall be required of builders for each tap made by the District for such service connection, payable at or prior to the time that such tap is made, and the security deposit is refundable to the builder when the account is later transferred to an owner if that account and all other accounts of the builder are current at the time of the transfer; but, if that account or any other account of the same builder is not current at the time of such transfer to an owner, then the security deposit shall be applied against the outstanding balance of the builder’s account(s) at the time of such transfer. The District shall deduct from the deposit the cost to repair any damage caused to the District’s property by the builder or the builder’s employees, contractors, Town Council Meeting Page 127 of 171 October 13, 2020 subcontractors or agents and shall deduct any delinquent water and sewer service bills of the builder. In the event any amounts are deducted from the builder’s deposit, it will be incumbent on the builder to reinstate the original amount of the deposit, and failure to do so will result in the suspension of any additional water taps for the builder. B. Residential Owners. A security deposit of seventy-five ($75.00) shall be required from each residential owner customer for a single-family home connected to the District’s system. Upon discontinuation of service, the deposit shall be applied against amounts due, including disconnection fees. C. Commercial Deposits COMMERCIAL DEPOSITS METER SIZE WATER SEWER ¾” $75 $60 1” $100 $100 1.5” $250 $200 2” $500 $320 3” $1,000 $700 4” $1,800 $1,200 6” $3,750 $2,500 8” $5,400 $3,600 D. Residential Lessees. A security deposit of one-hundred-fifty dollars ($150.00) shall be required from each residential lessee customer for a single-family home. Upon discontinuation of service, the deposit shall be applied against amounts due, including any disconnection fees. E. Construction Meters. See Section 1.06 above. F. Other customers. A security deposit equal to two (2) months estimated average monthly water and sewer bill shall be required of all other customers including commercial and multi-unit accounts. G. Deposits. The District does not pay interest on deposits. The interest drawn by the District on customer deposits is returned into the operating budget of the water/sewer fund to help in providing the lowest possible water and sewer rates for our customers. Section 3.02. Billing Procedures. All accounts shall be billed in accordance with the following: Town Council Meeting Page 128 of 171 October 13, 2020 A. Due Date and Delinquency. Charges for water and sewer service shall be billed monthly. Payment shall be due on or before the twentieth (20th) day of the month in the month in which the bill was received. Unless payment is received on or before the twentieth (20th) day of the month, such account shall be considered delinquent. If the due date falls on a holiday or weekend, the due date for payment purposes shall be the next working day after the due date. The District shall charge a penalty on past due accounts calculated at the rate of fifteen percent (15%) per month on water and sewer charges. The rates for water and sewer service shall depend upon the type of user and upon whether the water used has been chemically treated, as provided in this Rate Order. All accounts not paid by the due date shall be deemed delinquent and failure to make payment thereafter may result in the termination of water and sewer service. B. Notice and Appeal. Prior to termination of service, a customer who is delinquent in payment shall be sent a notice that service will be discontinued on or after the fifteenth (15th) day after the date of such notice unless payment in full is received before by such day disconnection is scheduled. Notice shall be sent by first class United States mail and shall inform the customer of the amount of the delinquent bill, the date service will be disconnected if payment is not made, and of the customer’s right to contest, explain, or correct the charges, services, or disconnection. Service shall not be disconnected where a customer has informed the District of his or her desire to contest or explain the bill. If the customer appears before the Board, the Board shall hear and consider the matter and inform the customer of the Board’s determination by sending written notice to the customer by first class United States mail stating whether or not service will be disconnected. In the event of a service is disconnected more than two (2) times per calendar year (January through December) for non-payment, an additional Security Deposit of $150.00 will be required for Residential homeowners and $150.00 for Lessees to restore service in addition to a $50.00 service fee, and afterhours re-connection charges if applicable, and any outstanding balance in Arrears will need to be brought current. As set out above in Section 3.01. If payment is not received prior to the date that disconnection has been scheduled, a service charge of $50.00 dollars will be added to the account. Reconnections made outside of the District’s normal business hours at the customer’s request will be charged at an additional after hour’s fee of one-hundred dollars ($100.00). C. Business Hours. For purposes of assessing the foregoing charges, “normal” or “regular” business hours shall mean only the hours between 8 a.m. and 5 p.m., Monday through Friday. All other times, including District holidays, are outside of the District’s normal business hours and will result in the higher charge. D. Returned Checks and Bank Drafts. A twenty-five-dollar ($25.00) charge will be charged to the customer’s account for any check or ACH bank draft returned by Town Council Meeting Page 129 of 171 October 13, 2020 the bank. Any amounts due on an account which have been paid with a check or ACH bank draft that has been returned by the bank must be paid in full by cash, cashier’s check or money order, including all late charges and returned check charges, within ten (10) days from the day the District mails notice to the customer or otherwise notifies the customer that the check or ACH bank draft has been returned by the bank. E. Same-Day Service. An additional charge of twenty-five dollars ($25.00) shall be made when a customer requests same-day service. As an example, this charge will be implemented upon request by a customer for same-day service to start or terminate water and sewer service or to perform re-reads the same day as requested. F. Accuracy Reading Fee. A meter accuracy reading fee in the amount of twenty-five dollars ($25.00) shall be charged to a customer by the District for each meter accuracy reading made by the District for such customer when the original reading appears to be accurate. If the original meter reading appears to be in error, no fee will be charged. Each customer will be allowed one accuracy meter reading per calendar year at no charge. **Should a customer request that a meter be removed, and bench tested by an outside source, then a fee of one-hundred-twenty- five dollars ($125.00) will be charged to the customer. If the meter fails to meet American Water Works Association standards for in-service meters, then the customer will be given a credit offsetting the amount of the charge. https://www.awwa.org/publications/journal-awwa/abstract/articleid/34055179.aspx G. Meter Data Logging Fee. Each customer will be allowed one data log at no- cost per fiscal year. A fee of twenty-five dollars ($25.00) shall be charged to a customer by the District for each meter data logging service performed thereafter. Meter data logging service can only be provided during regular business hours. Section 3.03. Entitlement. Water and sewer service shall be provided to customers in accordance with all TCEQ rules covering minimum water and sewer standards. Section 3.04. Unauthorized and Extraordinary Waste. The rates established herein are applicable for Domestic Waste as defined herein. Customers proposing to generate other types of waste will be assessed additional charges as established by the District. Section 3.05. Damage to District Facilities. A. Damage to Meter and Appurtenances. No person other than a duly authorized agent of the District shall tamper with or in any way interfere with a meter, meter box, service line or other water and/or sewer system appurtenance. The District reserves the right, immediately and without notice, to remove the meter or disconnect water service to any customer whose meter has been tampered with and to assess repair charges to the customer, plus a damage fee not to exceed five-thousand Town Council Meeting Page 130 of 171 October 13, 2020 dollars ($5,000.00), plus any applicable charge for same day service. The District also reserves the right to file civil and/or criminal charges against any person or entity tampering with the District’s public water system and/or sewer system. B. Repair. It is the responsibility of the customer to maintain and repair the water service line from the point of connection to the District’s water meter. The District reserves the right to repair any damage to the District’s System and appurtenances without prior notice and to assess against any customer such penalties as are provided by law and such penalties provided for in this Rate Order in addition to those charges necessary to repair the portion of the System so damaged. C. Video. If at any time a resident/customer wishes to have the District video their sewer line to help the resident determine the condition of their sewer line, the fee will be one-hundred-fifty dollars ($150.00) payable to the District assessed on the next month’s bill. Section 3.06. Easements. Before service is established to any customer, the person requesting such service shall grant an easement of ingress and egress to and from the meter(s) for such maintenance and repair as the District, in its judgment, may deem necessary. Section 3.07. Required Service. No service will be provided by the District unless the customer agrees to receive both water and sewer service, except that permanent irrigation only meters may receive water service only. Irrigation meters cannot be connected to any building plumbing. Section 3.08. Additional Charges. In all cases where services are performed, and equipment or supplies are furnished to a party or entity not within the District, the charge to said party or entity shall be the District’s cost of providing such services, equipment and/or supplies, plus fifteen percent (15%). This shall not apply to services, equipment and/or supplies furnished by the District under an existing Interlocal Agreement. ARTICLE IV INDUSTRIAL WASTE Section 4.01. Industrial Waste Policy. The following policy regarding industrial waste shall be effective: A. Definition. “Industrial waste” shall mean the water-borne solids, liquids, and/or gaseous wastes (including Cooling Water), resulting from any industrial, manufacturing, trade, business, commercial, or food processing operation or process, or from the development of any natural resource, or any mixture of such solids, liquids, or wastes with water or domestic sewage. The Clean Water Act of 1977, as amended, and the General Pretreatment Regulations contained in 40 C.F.R. 403 Town Council Meeting Page 131 of 171 October 13, 2020 contain the requirements for user’s discharge of industrial waste into wastewater facilities. B. Industrial Waste Discharge, Charges, and Rates. If any customer of the District’s sanitary sewer system proposes to discharge industrial waste into such system, the Board of Directors of the District shall request the recommendation of the District Engineer and shall establish rates and charges to provide for an equitable assessment of costs whereby such rates and charges for discharges of industrial waste correspond to the cost of waste treatment, taking into account the volume and strength of the industrial, domestic, commercial waste, and all other waste discharges treated and techniques of the treatment required. Such rates shall be an equitable system of cost recovery which is sufficient to produce revenues, in proportion to the percentage of industrial wastes proportionately relative to the total waste load to be treated by the District for the operation and maintenance of the treatment works, for the amortization of the District’s indebtedness for the cost as may be necessary to assure adequate waste treatment on a continuing basis. C. Pretreatment. The Board of Directors of the District shall rely upon the recommendation of the District Engineer and shall require pretreatment of any industrial waste that would otherwise be detrimental to the treatment works or to its proper and efficient operation and maintenance or will otherwise prevent the entry of such industrial waste into the treatment plant. ARTICLE V ENFORCEMENT/CIVIL PENALTIES Section 5.01. Enforcement. A. Civil Penalties. The Board hereby imposes the following civil penalties for breach of any rule of the District: The violator shall pay the District twice the costs the District has sustained due to the violation up to ten-thousand dollars ($10,000.00). A penalty under this Section is in addition to any other penalty provided by the laws of this State and may be enforced by complaints filed in the appropriate court of jurisdiction in the county in which the District’s principal office or meeting place is located. If the District prevails in any suit to enforce its rules, it may, in the same action, recover any reasonable fees for attorneys, expert witnesses, and other costs incurred by the District before the court. The court shall fix the amount of the attorneys’ fees. B. Liability for Costs. Any person violating any of the provisions of this Order and/or the rules and regulations governing water and sanitary sewer facilities, service lines, and connections shall become liable to the District for any expense, loss or Town Council Meeting Page 132 of 171 October 13, 2020 damage occasioned by the District by reason of such violation, and enforcement thereof shall be in accordance with Paragraph A of Section 5.01 of this Order. Section 5.02. Non-waiver. The failure on the part of the District to enforce any section, clause, sentence, or provision of this Order shall not constitute a waiver of the right of the District later to enforce any section, clause, sentence, or provision of this Order. Section 5.03. Appeal. Any determination by the District of any dispute regarding the terms and provisions of this order may be appealed to the Board of Directors of the District, which shall conduct a hearing on the matter. The District shall provide the customer with information regarding appeals and hearing procedures upon the customer’s request. ARTICLE VI MISCELLANEOUS Section 6.01. Amendments. The Board of the District has and specifically reserves the right to change, alter or amend any rate or provision of this Order at any time. Section 6.02. Severability. The provisions of this Order are severable, and if any provision or part of this Order or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Order and application of such provision or part of this Order shall not be affected thereby. ARTICLE VII REPEAL OF PREVIOUS ORDERS This Rate Order shall be known as the “2020-0316A 0921B Rate Order” (Order No. 2020- 0316A921B) of the District. All previous Orders adopted by the Board of Directors pertaining to the subject matter hereof are each hereby repealed in their entirety as of the effective date hereof. ARTICLE VIII EFFECTIVE DATE This Order shall be effective on April 1October 1, 2020. Town Council Meeting Page 133 of 171 October 13, 2020 ARTICLE IX PUBLIC MEETING It is hereby found that the meeting at which this Order is adopted is open to the public as required by law, and that public notice of the time, place, and subject matter of said meeting and of the proposed adoption of this Order was given as required by law. ADOPTED AND APPROVED this 16th 21th day of March September 2020. _________________________________ Gregory WilsonSteve Flynn, President Board of Directors _________________________________ (SEAL) Steve FlynnKelly Castonguay, Secretary/Treasurer Board of Directors Town Council Meeting Page 134 of 171 October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-309-T Name: Status:Type:Agenda Item Draft File created:In control:10/1/2020 Town Council On agenda:Final action:10/13/2020 Title:Take appropriate action regarding the purchase and replacement of a Toro Workman Utility Vehicle HDX and Two Toro FX Mowers from Professional Turf Products, LP for the Parks Department in the amount of $50,469.47 (T. Jaramillo). Attachments:Staff Report - Parks Department Equipment.pdf PTP Quote - TC Parks.pdf PTP Requistion Request.pdf Action ByDate Action ResultVer. Take appropriate action regarding the purchase and replacement of a Toro Workman Utility Vehicle HDX and Two Toro FX Mowers from Professional Turf Products, LP for the Parks Department in the amount of $50,469.47 (T. Jaramillo). Town Council Meeting Page 135 of 171 October 13, 2020 Page 1 of 2 To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Purchase of Parks Department Equipment Town Council Meeting, October 13, 2020 Agenda Item: Take appropriate action regarding the purchase and replacement of a new Toro Workman Utility Vehicle HDX and Two Toro FX Mowers between the Town of Trophy Club and Professional Turf Products, LP for maintenance operations in the Parks Department (T. Jaramillo). Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town’s strategy map. Nature and Beautification - Maintain Town assets, services, and codes of ordinances that preserve the natural beauty of the Town. Background and Explanation: The Parks and Recreation Department is requesting authorization for the purchase of a new Toro Workman HDX and two (2) Toro Z-Master Mowers in an amount not to exceed $50,500. The Toro Workman unit is utilized for various operational needs such as hauling and transferring various landscape material and equipment. The Two (2) mowers are utilized to maintain various areas within the Town’s parks system. These purchases were approved as part of the Capital Equipment Replacement Plan within the FY2021 approved budget and the purchase price is within the budgeted amount. Financial Considerations: The requested purchase through a Buyboard vendor is in the amount of $50,469.47 and meets all purchasing and bidding requirements. Legal Review: Not applicable. Town Council Meeting Page 136 of 171 October 13, 2020 Page 2 of 2 Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends approval of the Requisition Request. Attachments: • Purchase Requisition Form • Professional Turf Product Buyboard Quote Council Consideration: Staff seeks Council consideration to approve the request. Council Approval: _________________________________ Mayor C. Nick Sanders or designee Town Council Meeting Page 137 of 171 October 13, 2020 top Ship To Date: 9/29/2020 Bill To Tax Rate Contact Destination 2.00% Trade-In x Finance Phone Account Type Contract y Email QMS: ID Q56784 Qty Model #Description Unit Selling Price toro eq. 2 72961 31 HP Kawasaki FX w/ 72" TURBO FORCE Deck 12,027.51$ 11,791.68$ machine 31 HP Kawasaki FX w/ 72" TURBO FORCE Deck 24,055.02$ 1 07385 Workman HDX - 2WD Kubota Diesel 23,778.21$ 23,778.21$ 1 07372 Canopy 528.51$ 528.51$ 1 07316 High Flow Hydraulics Kit 1,421.21$ 1,421.21$ 2 131-6690 Seat Cover Small Grey 34.35$ 68.70$ 1 30249 MVP Kit 400 Hour 99.90$ 99.90$ machine Workman HDX - 2WD Kubota Diesel 26,414.45$ endmachine add Subtotal SubTotal 50,469.47$ Destination Destination Included Tax Tax Has Not Been Added -$ Total fin TOTAL 50,469.47$ Comments: bottom For all New Equipment, Demo units may be available for up to 20% savings. For all New Equipment, Refurbished units may be available for up to 40% savings. Terms & Conditions: 2. New equipment delivery time is estimated at six weeks from the time credit is approved & documents are executed. 3. Pricing, including finance options, valid for 30 days from time of quotation. Comments: Proposal 1. Orders are considered contractual. Order cancellations are subject to fees up to 10% of the original order value. Town Of Trophy Club - Parks Dept. BUYBOARD (CONTRACT # 529-17) - Credit Cards Not Accepted Address 11514 Bulverde Rd., Trophy Club, TX 75001 Professional Turf Products, L.P. 1010 North Industrial Blvd. Euless, Texas 76039 Kyle Mitchell (817) 201-4444 mitchellk@proturf.com Confidential Property of Professional Turf Products Page 1 of 2 Town Council Meeting Page 138 of 171 October 13, 2020 3. There will be a service charge equal to 1.5% per month (18% per annum) on all past due invoices. 4. By Law we are required to file a "Notice to Owner" of our intent to file lien in the event of payment default. This notice must be sent within 60 days of the date the original invoice and will happen automatically regardless of any special payment arrangements that may have been made. Authorized Signature: _________________________________________________________________________ Date: ___________________________________________ 1. Terms are net 10 unless prior arrangements have been made. 2. Quoted prices are subject to credit approval. A. PTP will work with third party financial institutions to secure leases when requested to do so. B. When using third party financiers, documentation fees & advance payments may be required. C. For convenience, monthly payments are estimated based on third party rate factors in effect at time of the quotation. D. PTP assumes no liability in the event credit becomes unavailable or rates change during the approval process. 2. All returns must be able to be sold as new. 3. Items missing parts are non returnable. 4. Professional Turf Products will have sole discretion as to the resalable condition of the product. 5. This policy does not apply to items that are defective, or shipped incorrectly by PTP or one of its vendors. Payment: B. In the event equipment is unavailable at time of order, PTP will employ every resource to secure an acceptable substitute. C. PTP strongly advises the customer to issue a firm PO as quickly as possible after acceptance of quotation. 7. "Trade In Allowances" will be treated as a credit for future parts purchases on PTP account unless other arrangements have been made. Returns Policy: 1. All returns are subject to restocking, refurbishing, usage, and shipping fees. 4. Payments by Credit Card are subject to convenience fee. 5. After 30 days all prices are subject to change without notice. 6. Used and Demo equipment is in high demand and availability is subject to change. A. Upon firm customer commitment to purchase, said equipment availability will be determined and "locked". Confidential Property of Professional Turf Products Page 2 of 2 Town Council Meeting Page 139 of 171 October 13, 2020 PO Number Date :9/30/2020 Department Parks and Rec Delivery Address Project# 1 Trophy Wood Drive Trophy Club, TX 76262 Account Number Quantity Unit Amount Total Amount 07-400-83700 2 12,027.51 24,055.02$ 07-400-83700 1 26,414.45 26,414.45$ -$ -$ -$ -$ -$ -$ -$ Co-op info:-$ Total 50,469.47$ Comments Requested by:Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. BuyBoard Contract # 529-17 Description 31 HP Kawasaki FX w/ 72" Turbo Force Deck Workman HDX - 2WD Kubota Diesel Two scheduled replacment mowers and mule for the Parks Department. Vendor has a BuyBoard contract. PURCHASE REQUISITION FORM Vendor (Name & Address) Professional Turf Products, L.P. 1010 North Industrial Blvd Euless, Texas 76039 Town Council Meeting Page 140 of 171 October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-310-T Name: Status:Type:Agenda Item Draft File created:In control:10/1/2020 Town Council On agenda:Final action:10/13/2020 Title:Take appropriate action for the purchase of a replacement Truck (2021 Ford F250) from Silsbee Ford for the Parks Department in the amount of $36,200 (T. Jaramillo). Attachments:Staff Report - Parks Vehicle Replacement.pdf Parks Vehicle Evaluation Summary.pdf Silsbee Ford Purchasing Order - Parks Vehicle Requisition Request.pdf Silsbee Ford Quote - Parks Vehicle.pdf Action ByDate Action ResultVer. Take appropriate action for the purchase of a replacement Truck (2021 Ford F250) from Silsbee Ford for the Parks Department in the amount of $36,200 (T. Jaramillo). Town Council Meeting Page 141 of 171 October 13, 2020 Page 1 of 2 To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Purchase of a 2021 Ford F250 vehicle for the Parks Department Town Council Meeting, October 13, 2020 Agenda Item: Take appropriate action for the purchase of a replacement truck for the Parks Department (T. Jaramillo). Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town’s strategy map. Administrative & Financial services – Exercise fiscal discipline in all Town operations Background and Explanation: In accordance with the Town’s vehicle replacement policy, staff is requesting authorization for the replacement of a 2006 Chevrolet 2500 D Parks vehicle with a 2021 Ford F250 in the amount of $33,440.75. The 2006 Chevrolet was scheduled for replacement in 2020 however all capital purchases that were not crucial were postponed due to COVID concerns. The truck had serious mechanical issues was no longer being utilized and was auctioned in the spring of this year. The replacement purchase was approved as part of the Capital Replacement Plan within the FY2021 budget. The chosen vendor is a part of Goodbuy purchasing cooperative and therefore meets all requirements for bidding. Financial Considerations: The procurement request in the amount of $36,200 is within the budgeted amount and meets all bidding requirements through utilization of a purchasing cooperative. Legal Review: Not applicable. Town Council Meeting Page 142 of 171 October 13, 2020 Page 2 of 2 Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends approval of the requisition request. Attachments: • Requisition Request • Goodbuy Quote • Vehicle Evaluation Summary Report Council Approval: _____________________________ Mayor C Nick Sanders, or designee Town Council Meeting Page 143 of 171 October 13, 2020 Town Council Meeting Page 144 of 171 October 13, 2020 PO Number Date :9/30/2020 Department Parks Delivery Address Project# 1 Trophy Wood Drive Trophy Club, TX 76262 Account Number Quantity Unit Amount Total Amount 07-400-83700 1 33,440.75 33,440.75$ -$ -$ -$ -$ -$ -$ -$ -$ Co-op info:-$ Total 33,440.75$ Comments Requested by:Approved by: Finance Approved by: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department. Silsbee, TX 77656 PURCHASE REQUISITION FORM Vendor (Name & Address) Silsbee Ford, Inc P.O. Box 815 Description Ford F250 Crew Cab 4x2 8' bed Purchased through "Goodbuy 20 8F000 Vehicles" - New Fleet Vehicle to replace auctioned unit # 4004 Town Council Meeting Page 145 of 171 October 13, 2020 Prepared by: Phone: Email: Date: A.7A17 27,415.00$ B.Factory Options Code Bid Price Code Bid Price W2A 2,895.00$ Z1 -$ AS -$ 996 -$ X3E 390.00$ 52B 270.00$ -$ -$ 3,555.00$ (33.00)$ C.Additional Options [not to exceed 25%]$=5.4 % Bid Price Bid Price 495.00$ -$ 1,175.00$ 1,670.00$ D.Floor Plan Interest (for in-stock and/or equipped vehicles):-$ E.Lot Insurance (for in-stock and/or equipped vehicles):-$ F.Contract Price Adjustment:-$ G.Additional Delivery Charge:305 miles 533.75$ H.Subtotal:33,140.75$ I.Quantity Ordered 1 x K =33,140.75$ J.Trade in:-$ K.300.00$ L.TOTAL PURCHASE PRICE INCLUDING GOODBUY FEE 33,440.75$ Total of C. Unpublished Options: GOODBUY Administrative Fee ($300 per purchase order) ETA 90 DAYS ARO Options TRAFFIC ADVISOR 2021 FORD F250 CREW CAB SPRAY IN BEDLINER TRAILER BRAKE CONTROLLER Options Options F250 CREW CAB 4X2 8' BED REAR VIEW CAMERA TRAILER TOW PKG PRODUCT PRICING SUMMARY A. Base Price: Options Bid Item: EXTERIOR WHITE INTERIOR GRAY VINYL GOODBUY 20 8F000 VEHICLES www.purchasing.esc2.net VENDOR--Silsbee Ford, 1211 Hwy 96 N., Silsbee TX 77656 TOWN OF TROPHY CLUBEnd User: Contact: RICHARD HYDER (409) 300-1385 September 23, 2020 tjaramillo@trophyclub.org SO MAGNUM AMBER LED LIGHTBAR WITH Tony Jaramillo 682.237.2923 6.2L V8 GAS Product Description: Published Option Discount (5%) Total of B. Published Options: Email:rhyder.cowboyfleet@gmail.com ELECTRONIC LOCKING AXLE Town Council Meeting Page 146 of 171 October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-314-T Name: Status:Type:Agenda Item Draft File created:In control:10/6/2020 Town Council On agenda:Final action:10/13/2020 Title:Take appropriate action approving a Contract with Manning Concrete for the replacement of Concrete Panels for an initial term for 2 years with an option to renew for 4 additional 2 year terms (T. Uzee). Attachments:Staff Report - Manning Concrete 2020.pdf Grapevine ILA (dated 6-14-16).pdf Grapevine - Manning Concrete Sawing Response.pdf Manning Concrete Agreement.pdf Res. 2019-39 - Co-op Purchasing Agreement.pdf Action ByDate Action ResultVer. Take appropriate action approving a Contract with Manning Concrete for the replacement of Concrete Panels for an initial term for 2 years with an option to renew for 4 additional 2 year terms (T. Uzee). Town Council Meeting Page 147 of 171 October 13, 2020 Page 1 of 2 To: Mayor and Town Council From: Tommy Uzee, Director of Community Development CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Manning Concrete Sawing Supplier Town Council Meeting, October 13, 2020 Agenda Item: Take appropriate action approving a Contract with Manning Concrete for the replacement of Concrete Panels throughout Trophy Club. (T. Uzee) Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town’s strategy map. Infrastructure and Development - Maintain and Improve all Town Infrastructure Background and Explanation The purpose of this request is primarily to secure a contractor for the purpose of panel replacements however the ILA and subsequent contract with Manning Concrete satisfies all bidding requirements for both smaller panel replacement jobs and larger CIP projects. The Town has budgeted over $100,000 for panel replacements and small street, sidewalk and curb repairs in the FY2021 budget and we have approximately $1.4 million in remaining 2017 bond funds allocated for street replacements and repairs. Manning Concrete Sawing has provided the Town with quality workmanship in the past on many smaller projects and has been retained within the Town of Trophy Club by an Interlocal Purchasing Agreement (ILA) with the City of Southlake for many years. In order to continue to secure Manning’s services, it will be necessary to partner through an existing ILA with the City of Grapevine, where Manning has recently secured a concrete replacement bid. The initial term of this agreement would begin on October 14, 2020. The initial term will be for a two year period with options to renew for four additional two-year periods. Town Council Meeting Page 148 of 171 October 13, 2020 Page 2 of 2 Financial Considerations: This purchase contract meets the Town purchasing policy and all bidding requirements through the Interlocal Purchase Agreement with Grapevine. Legal Review: The Town Attorney has reviewed the contract and all supporting documentation Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of this action. Attachments: • Town of Trophy Club Resolution No. 2019-39 • Grapevine Interlocal Purchasing Agreement • Manning Concrete Supplier Response • Manning Concrete Contract/Trophy Club Town Council Approval: Mayor C. Nick Sanders or designee Town Council Meeting Page 149 of 171 October 13, 2020 Town Council MeetingPage 150 of 171October 13, 2020 Town Council MeetingPage 151 of 171October 13, 2020 Town Council MeetingPage 152 of 171October 13, 2020 Town Council MeetingPage 153 of 171October 13, 2020 Town Council MeetingPage 154 of 171October 13, 2020 Town Council MeetingPage 155 of 171October 13, 2020 Town Council MeetingPage 156 of 171October 13, 2020 Town Council MeetingPage 157 of 171October 13, 2020 Town Council MeetingPage 158 of 171October 13, 2020 Town Council MeetingPage 159 of 171October 13, 2020 Town Council MeetingPage 160 of 171October 13, 2020 Town Council MeetingPage 161 of 171October 13, 2020 AGREEMENT BETWEEN TOWN OF TROPHY CLUB AND MANNING CONCRETE SAWING The Town of Trophy Club and Manning Concrete Sawing have agreed to enter into a contract that includes all of the terms and conditions of the contract between Manning Concrete Sawing and the City of Grapevine, Texas. The Town of Trophy Club Texas has an Interlocal Purchasing Agreement with t he City of Grapevine that satisfies all state purchasing laws. Therefore, the parties agree to the terms and conditions of the agreement that is attached and i ncorporated herein as Exhibit A with the following amendments: 1) Contact Tommy Uzee Director Community Development 1 trophy Wood Drive Trophy Club, TX 76262 1) The initial term of this agreement shall begin on October 14, 2020. The initial term will be for a two year period with options to renew for four additional two-year periods. ACCEPTED AND AGREED TO BY Manning Concrete Sawing: APPROVED: ___________________________________________ ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB TOWN COUNCIL: APPROVED: _____________________________________________ C. Nick Sanders, Mayor Town Council Meeting Page 162 of 171 October 13, 2020 Town Council MeetingPage 163 of 171October 13, 2020 Town Council MeetingPage 164 of 171October 13, 2020 Town Council MeetingPage 165 of 171October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-312-T Name: Status:Type:Agenda Item Draft File created:In control:10/5/2020 Town Council On agenda:Final action:10/13/2020 Title:Pursuant to the following section of the Texas Government Code, Chapter 551 (Open Meetings), the Council will convene into executive session to discuss the following: a) Discussion and possible action - Deliberate the Appointment of the Parks & Recreation Board Members pursuant to Texas Government Code Section 551.074 (personnel matters) (Mayor Sanders). b) Discussion and possible action - Deliberate the Appointment of the Animal Shelter Advisory Board Members pursuant to Texas Government Code Section 551.074 (personnel matters) (Mayor Sanders). Attachments: Action ByDate Action ResultVer. Pursuant to the following section of the Texas Government Code, Chapter 551 (Open Meetings), the Council will convene into executive session to discuss the following: a) Discussion and possible action - Deliberate the Appointment of the Parks & Recreation Board Members pursuant to Texas Government Code Section 551.074 (personnel matters) (Mayor Sanders). b) Discussion and possible action - Deliberate the Appointment of the Animal Shelter Advisory Board Members pursuant to Texas Government Code Section 551.074 (personnel matters) (Mayor Sanders). Town Council Meeting Page 166 of 171 October 13, 2020 1 Trophy Wood Drive Trophy Club, Texas 76262Town of Trophy Club Legislation Details (With Text) File #: Version:12020-313-T Name: Status:Type:Agenda Item Draft File created:In control:10/5/2020 Town Council On agenda:Final action:10/13/2020 Title:a) Take appropriate action regarding Resolution 2020-17 for the Appointment of Members to the Parks & Recreation Board (L. Vacek). b) Take appropriate action regarding Resolution 2020-18 for the Appointment of Members to the Animal Shelter Advisory Board (L. Vacek). Attachments:RES 2020-17 Parks Board Annual Appointments.pdf RES 2020-18 Animal Shelter Advisory Annual Appointments.pdf Action ByDate Action ResultVer. a) Take appropriate action regarding Resolution 2020-17 for the Appointment of Members to the Parks & Recreation Board (L. Vacek). b) Take appropriate action regarding Resolution 2020-18 for the Appointment of Members to the Animal Shelter Advisory Board (L. Vacek). Town Council Meeting Page 167 of 171 October 13, 2020 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2020–17 A RESOLUTION OF THE TROPHY CLUB TOWN COUNCIL, APPOINTING/RE-APPOINTING MEMBER(S) TO THE PARKS AND RECREATION BOARD; AND PROVIDING FOR THE APPOINTMENT/RE-APPOINTMENT OF A CHAIRPERSON; DESIGNATING TERMS OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, is fortunate to have civic minded citizens interested in serving on the various Boards, Commissions, and Corporations; and WHEREAS, the Trophy Club Town Council is charged with the authority of appointments to the Boards, Commissions, and Corporations serving the Town; and WHEREAS, on September 24, 2019, the Trophy Club Town Council approved Resolution No. 2019-29, appointing members to serve as well as designated a Chairperson for the remainder of the 2018-2019 Fiscal Year; and WHEREAS, Town Council hereby appoints/re-appoints members to serve on the Parks and Recreation Board, and designates a Chairperson for the 2020-2021 Fiscal Year. NOW THEREFORE, BE IT RESOLVED BY THE TROPHY CLUB TOWN COUNCIL THAT: Section 1. Appointments/Re-appointments are made for the individuals whose terms end in 2020 to serve on the Parks and Recreation Board and appointing a Chairperson. Section 2. That the Town Council hereby appoints the following individuals to serve on the Parks and Recreation Board with terms of service ending on September 30, 2022 and appointing a Chairperson: Parks and Recreation Board Mindi Bone (2020) Greg Fox (2021) Dean Murray (2020) David Stout (2021) Vacant Position (2020) Tiffany Nimphius (2021) Tom Bath (2022) _________________shall serve as Chairperson of the Parks and Recreation Board. Town Council Meeting Page 168 of 171 October 13, 2020 RES 2020-17 Page 2 of 2 Section 3. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Trophy Club Town Council on this 13th day of October 2020. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas Town Council Meeting Page 169 of 171 October 13, 2020 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2020-18 A RESOLUTION OF THE TROPHY CLUB TOWN COUNCIL APPOINTING MEMBER(S) TO THE ANIMAL SHELTER ADVISORY BOARD; AND PROVIDING FOR THE APPOINTMENT/RE- APPOINTMENT OF A CHAIRPERSON; DESIGNATING TERMS OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, is fortunate to have civic minded citizens interested in serving on the various Boards, Commissions, and Corporations; and WHEREAS, the Trophy Club Town Council is charged with the authority of appointments to the Boards, Commissions, and Corporations serving the Town; and WHEREAS, on September 24, 2019, the Trophy Club Town Council approved Resolution No. 2019-23, filling one (1) vacant position of Municipal Officer for a full term and designating a Chairperson to serve on the Animal Shelter Advisory Board for the 2020-2021 Fiscal Year; and WHEREAS, Town Council hereby appoints/re-appoints members to serve on the Animal Shelter Advisory Board, and designates a Chairperson for the 2020-2021 Fiscal Year. NOW THEREFORE, BE IT RESOLVED BY THE TROPHY CLUB TOWN COUNCIL THAT: Section 1. Appointments/Re-Appointments are made for the individuals whose terms end in 2020 to serve on the Animal Shelter Advisory Board and appointing a Chairperson. Section 2. That the Town Council hereby appoints the following individuals to serve on the Animal Shelter Advisory Board with terms of service ending on September 30, 2022 and appointing a Chairperson: Current Animal Shelter Advisory Board Vacant (2020) Dr. Rachel Speed Webster (2021) (County or Municipal Official) (Veterinarian) Susan Edstrom (2020) Chuck Hall (2021) (Animal Welfare Representative) (Trophy Club Resident) Brian Hall, ACO, (2020) Pamela Swan (2021) (Animal Shelter Operations) (Trophy Club Resident) ________________ shall serve as Chairperson of the Animal Shelter Advisory Board. Town Council Meeting Page 170 of 171 October 13, 2020 RES 2020-18 Page 2 of 2 Section 3. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Trophy Club Town Council on this 13th day of October 2020. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas Town Council Meeting Page 171 of 171 October 13, 2020