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Kajeet Services Agreement
N-2023-044
This d�c�rknIN Cpgt�air�s rttr rrl (Sll@greement between Kajeet Inc. a corporation organized under the laws of Delaware, with offices located at 7901
Branch rve, J 5 , McLean, VA 22012 ("Kajeet") and the City of Santa Ana, organized under the laws of CA, (the "Customer"), with offices located at 20 Civic
Center Plaza, Santa Ana, CA. Kajeet and Customer (the "Parties") desire to enter into a legally binding contract (the "Agreement") consisting of the provisions
fah below. Each of the Parties represents that it is in good standing, and it has the power to enter and perform this Agreement.
Program: O Public Sector Access Data Plan: Enterprise Custom
FEB
Start Date: f 2 2023 3 1 2023 Term: 12.0 mos
Term The initial term of this Agreement commences on the selected date(s) and expires after the selected term length of service contingent upon receipt of
a purchase order, unless terminated, extended, or altered, by either of the Parties.
Termination by Customer If for any reason Customer is dissatisfied with the level of service, Customer may terminate this agreement and if after notifying
Kajeet, Kajeet fails to bring the level of service up to Customers expectations within 30 days of such notification.
Termination by Kaieet Kajeet may terminate this Agreement after the initial term if Customer has no active service with Kajeet for a period of 180 days
and, if after notifying Customer, Customer does not activate any devices within 30 days of such notification.
Effects of Termination In the event of termination, Kajeet will remove Customer's account and remaining balances from Kajeet'ssystems and Customer will
return any Kajeet-Owned equipment to Kajeet within 30 days of termination. Purchased devices and services are nonrefundable.
Term Extension or Alteration by Customer Customer may extend or alter the term of the contract after the initial term by submitting a purchase order
with term extension or alteration details, or authorizing an amendment to this agreement extending the term, or authorizing a new services agreement.
Purchase Orders Customer may submit one (1) or more purchase orders at any time to request purchase of Kajeet devices and/or services. Such purchase
order(s) will be considered binding upon Customer when submitted and binding upon Kajeet when accepted. Kajeet will indicate acceptance of such
purchase orders) by written notice and/or by invoicing customer against such purchase order(s).
Compensation Customer agrees to pay and Kajeet agrees to accept the amounts listed in quote Number Q# 202206-035961, incorporated herein by
reference. The total amount for this agreement shall not exceed $4,152.99. This amount includes a contingency amount of $1,500 for additional services at
the sole discretion of Customer.
Payment Terms Payments by Customer under this Agreement will be due when stated in each fully accepted purchase order or, if the purchase order does
not state when particular payments are due, those payments will be due within thirty (30) days of Kajeet invoice.
Late Payments If Customer fails to make any payment when due, Kajeet will have the right, without prejudice to any other remedies it may have, to charge
an additional fee equal to one -and -one-half percent (1.5%) of the overdue amount for each full or partial month that the amount remains unpaid.
Kajeet Complete'" Essentials Plan This service is intended for educational use only and Customer agrees to adhere to Kajeet standard CIPA-compliant and
education content filters, time -of -day access settings, and that each device will be used by no more than one user at any given time. In the event Kajeet
detects bandwidth consumption inconsistent with single -user educational use, Kajeet may temporarily reduce or restrict services while conducting further
review. The Complete Essentials Plan has a 500MB per day data consumption limit. Video may stream at 480p. YouTube® access is blocked by default.
Customers on the Complete Essentials Plan can purchase an optional add -on service to gain access to YouTube. If the Customer selects to have open access
to YouTube services, Customer indemnifies and holds Kajeet harmless from any inappropriate content viewed by the end -user on YouTube.
Kaieet Unlimited Plans The Student Unlimited, Home Unlimited, and SmartBus Unlimited Plans are intended for educational use only and Customer agrees
to adhere to Kajeet standard CIPA-compliant and education content filters, and time -of -day access settings. The Student Unlimited Plan may be used by no
more than one user at any given time. The Home Unlimited Plan may only be used by students in the same household. The SmartBus Unlimited Plan is only
intended to provide Wi-Fi for bus riders. In the event Kajeet detects bandwidth consumption inconsistent with plan terms, Kajeet maytemporarily reduce or
restrict services during review. Video may stream at 480p. YouTube® access is blocked by default. Customers on Kajeet Unlimited Plans may request open
access to YouTube at no additional charge. If the Customer selects to have open access to YouTube services, Customer indemnifies and holds Kajeet harmless
from any Inappropriate content viewed by the end -user on YouTube.
Kaieet Custom" Plans Kajeet default filters, policy controls, and time -of -day settings can be altered to fit the customer's specific use case. Any alterations
to Kajeet default controls may result in higher than anticipated data usage. All data purchased is pooled on the customer account at the start of the
agreement term. Data may be shared among all devices on the account. During the active agreement term, un-used data rolls -over to the next month. At the
end of the service term, unused data expires. Unused data cannot be returned for a refund or credit. A new pool of shared, roll-over data must be purchased
for the subsequent service term.
Device Warranties and Non -Return Policy Kajeet warrants that devices sold to Customer will be free from defects in materials and workmanship for a
period of one (1) year after shipment by Kajeet. At its option, Kajeet will either repair or replace any device failing to meet this warranty if Customer notifies
Kajeet of the defect before the warranty period expires. Customer acknowledges that replacements maybe new or refurbished. Customer agrees to obtain
return authorization from Kajeet prior to returning a device and to bear the cost of shipping the device to Kajeet and to bear the risk of loss during transit.
Customer agrees that Kajeet will have no warranty obligations due to defects resulting from (i) ordinary wear and tear; (ii) modifications or repairs made by
anyone other than Kajeet or its authorized service technicians; and/or (iii) accident or abuse. All sales of Customer purchased devices are final and cannot be
returned for a refund. Chromebook, laptop, or tablet warranty and service issues are honored and handled via the manufacturer and not directly by Kajeet.
Applicable Law The Parties intend that the laws of the State of Customer should be used to interpret and enforce this Agreement.
Kajeet, Inc. Service Agreement v.2021.10.20
7901 Jones Branch Drive, Suite 350, McLean, VA 22102 (240) 482-3500 www.ka ieet com education@kajeet.mm
QUOTATION
7901 Jones Branch Drive, Suite 350, McLean, Virginia 22102
(240) 482-3500 1 fax: (240) 482.3506 1 www.kajeet.com
Account Name
Santa Ana Police Department
Contact Name Chris Hubbard
Bill To
Santa Ana, CA
Phone (714) 245-8037
Email chubbard@santa-ana.org
Prepared By
Ailyana Barrera
Created Date 2/7/2023
Email
abarrera@kajeet.com
Quote Number Q# 202206-035961
Opportunity Number OPTY 202206-39506
Product
Product Code
List Price Sales Pride
W
Total
Custom 100MB
CUST100MB
USD 4.95 USD 4.95
456.00
USD 2,257.20
Kajeet SIM Card Only- VZW
SIMVZW
USD 2.95 USD 1.65
38.00
USD 62.70
Sales Tax
SALESTAX
USD 0.00 USD 5.80 1.00
USD 5.80
Subtotal
USD 2,325.70
Telecom Admin
USD 327.29
Fees
Quote Shipping
USD 0.00
Quote Grand Total
USD 2,652.99
TERMS & CONDITIONS
• All prices are quoted in U.S. Dollars. All prices valid only through Kajeet direct sales. Quote is valid for 30 days. The amount presented
in this quotation Is confidential & proprietary and intended for the consideration of the Buyer. Buyer and Kajeet will sign and execute a
Services Agreement prior to execution of the program. Credit card payments are subject to a 5.0 % processing fee. Kajeet W-9
available upon request. KajeetOO, Arterra MobilityOR, and Otarris TM products and services are protected by the following issued U.S.
patents 8,929,857; 8,918,080; 8,774,755; 8.774,754; 8,755,768; 8,731,517; 8,725,109; 8,712,371; 8,706,079; 8,667,559; 8,644,796;
8,639,216; 8,634,803; 8,634,802; 8,634,801; 8,630,612; 8,611,885; 8,600,348; 8,594,619: 8,588,735: 8,285,249: 8,078.140;
7,945,238; 7,899,438; 7,881,697. Other patents are pending. Kajeet0, Kajeet SmartSpo10, Education Broadband T'", SmartBLle T.
SmarlSpot ProtectionT", Kajeet Complete TM', Kajeet Custom T'", Arterra MobilityOO, and SentinelOs are trademarks of Kajeet, Inc.
• Telecom, Network and Admin Fees (TAF) defray a wide variety of Federal, State, and/or Local fees charged to telecommunications
carriers and are subject to a 14.5% fee on data -related services. This is not state or federal sales tax.
• Shipping costs related to hardware only.
• Sales tax is an estimate based on your state and/or locality. The PO must contain the correct sales tax amount and is the
responsibility of the PO issuer. If Sales tax line item is blank; Applicable state sales taxes are not included in this quotation.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above.
ATTEST: CITY OF SANTA ANA
�7i\I
Kristine Reidge
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City A ney
By:
Tamara Bogosian
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
David
Chief of Police
CONSULTANT:
Ailyana Barrera
Business Development Executive
Kajeet, Inc. Service Agreement v.2021.10.20
7901 Jones Branch Drive, Suite 350, McLean, VA 22102 (240) 482-3500 www.kaieet.com education@kaleet.com