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AGREEMENT WITH CITY OF FRESNO, CALIFORNIA FOR SERVICES
THIS THIRD AMENDMENT is entered into effective this � day of
2021, by and between the city of Fresno, a California municipal p al corporation, (hereinafter
referred to as "Customer"), City of Fresno Police Department, 2323 Mariposa Street,
Fresno, CA 92721 and ShotSpotter, Inc., a Delaware corporation (hereinafter referred to
as "ShotSpotter"), with offices located at 7979 Gateway Blvd., Ste. 210, Newark, CA
94560. Customer and ShotSpotter may also be referred to herein individually as a"Party",
or collectively as the "Parties".
RECITALS
WHEREAS, the CITY and ShotSpotter entered into the Agreement with the City of
Fresno, California for Service (hereinafter referred to as "Agreement") on April 8, 2015;
and
WHEREAS, the CITY and ShotSpotter Amended the Agreement on September
21, 2017 (the "First Amendment") to expand the coverage area for an additional 3.00
square miles, and on February 15, 2018 (the "Second Amendment") to expand the
coverage area for an additional 2.26 square miles; and
WHEREAS, ShotSpotter, the Customer, and the Fresno Unified School District
(the "District") entered into a Memorandum of Understanding (the "MOU") dated
le to transfer the six (6) square mile coverage area under the subscription
agreement between ShotSpotter and the District to CITY; and
WHEREAS, the Customer and ShotSpotter desire to further amend the Agreement
to add the six (6) square mile coverage area previously under agreement between
ShotSpotter and the District to the Customer's coverage area, and to provide a single
coterminous subscription period for the Customer's new total coverage area; and
WHEREAS, the Customer and ShotSpotter desire to extend the Agreement for an
additional three (3) years, through June 30, 2024.
Third Amendment Page 1 of 5
AGREEMENT
NOW, THEREFORE, in consideration of the Agreement as previously amended,
this Amendment Three, and of the mutual covenants hereinafter contained and for other
good and valuable consideration, the Parties agree as follows:
1. In accordance with the MOU, the 6 square mile coverage area previously under
contract for the District has been transferred to Customer effective 11/27/2020.
2. Effective with signature of this Third Amendment, the Customer's coverage area
totals 14.26 square miles.
3. Customer and ShotSpotter agree to extend the term of the Agreement an
additional three (3) years, through June 30, 2024.
4. The Customer agrees to pay ShotSpotter the subscription fees due for the 14.26
square mile coverage as set forth in Exhibit A attached hereto.
Except as modified herein, all other terms and conditions of the Agreement shall remain
in full force and effect. In the event of a conflict between the terms and conditions of the
Agreement and this Third Amendment, this Third Amendment shall control.
SIGNATURE PAGE FOLLOWS
Third Amendment Page 2 of 5
IN WITNESS WHEREOF, the Parties have executed this Third Amendment on the day
and year first written above.
CITY OF FRESNO SHOTSPOTTER, Inc., dba SST, Inc-
a California un' ipal corporation a Delaware corporation
By. ' Z By. c �vr�- --f�10/2021
Pac B Iderrama Date Roxanne Lerner Date
Chie of olice Contracts Manager
Fresn olice Department
ATTEST:
YVONNE SPENCE, MMC CRM
City Clerk
By: A'h'AA,0 UM
,
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: ::> � 6'zy�.2 f
Kristi Costa Date
Deputy City Attorney
Address: Address:
City of Fresno ShotSpotter, Inc. dba SST, Inc.
ATTN: Chief Paco Balderrama ATTN: Alan R. Stewart
Fresno Police Department ShotSpotter, Inc.
2323 Mariposa Mall 7979 Gateway Blvd., Suite 210
Fresno, CA 93721 Newark, CA 94560
Third Amendment Page 3 of 5
EXHIBIT A
Subscription Fees
6 mil Phase I and Phase III (PD) Coverage Areas
Current annual rate per square mile: $52,500
6 mi2 Phase II and Phase IV (USD) Coverage Areas
* Current annual rate per square mile: $58,333*
2.26 mi2 Phase V (BRT) Coverage Area
• Current annual rate per square mile: $65,000**
Prorated Term to Coincide with Fiscal Year
Prorated Term Prorated Term Total
Phase 1 $93,205
Phase II $29,589
Phase III $93,205
Phase IV $29,589
Phase V $12,929
TOTAL: $246,589 $12,929 $258,518
*Phase II and Phase IV Prorated Term pricing is based on reduced Year One rate of$100,000 (provided
on January 5, 2021).
**Phase V Prorated Term pricing is based on reduced Year One rate of$39,000(provided on January 5,
2021).
Third Amendment Page 4 of 5
Three-Year Term
Coverage Rate 6/30/2023 Rate Rate
Area (Year 1 of 3)_.,W(Year 2 of 3) (Year 3 of 3) Three-Year ToTtoa?W,
Phase 1 $157,500 $157,500 $157,500 $472,500
Phase II $79,589 $144,384 $175,000 $398,973
Phase III $157,500 $157,500 $157,500 $472,500
Phase IV $79,589 $144,384 $175,000 $398,973
Phase V $69,774 $131,832 $131,832 $333,438
TOTAL: $543,952 $735,600 $796,832 $2,076,384
Phase II and IV pricing is based on the reduced Year One rate of$100,000 and reduced Year Two rate of
$200,000 (provided on January 5, 2021); however, these rates are applied proportionately across Year 1
and Year 2 to accommodate the Prorated Term).
Phase V pricing is based on reduced Year One rate of$39,000 and Year Two rate of$131,832 (provided
on January 5, 2021); however, these rates are applied proportionately across Year 1 and Year 2 to
accommodate the Prorated Term).
Third Amendment Page 5 of 5