Sensoscientific Quote/Contract

City of El Mirage — Regular Meeting (2021-02-18)

Extracted text (via ocr_local) 22018 characters

SensoScientific

ensoscientific.

Company Address 685 Cochran Street Created Date 112712021
Suite 200 Quote expiration 3/13/2021
Simi Valley, California 93065 date
United States
Quote Name PA.01/27/21-1

Contact Information ( PLEASE CONFIRM CONTACT INFO IS CORRECT)

Account Name City of El Mirage Prepared By Paul Arduini

Contact Name Jason Michael Phone (818) 949-2691

Title Senior Property & Evidence Technician Email paul.arduini@sensoscientific.com
Phone 623-500-3038

Email jmichael@elmirageaz.gov SO#.

Address Information (PLEASE CONFIRM CONTACT INFO IS CORRECT)

Bill To Name City of El Mirage Ship To Name City of El Mirage

Bill To 12401 W. Cinnabar Avenue Ship To 12401 W. Cinnabar Avenue
El Mirage, Arizona 85335 El Mirage, Arizona 85335
United States United States

Quote Line Items

Product Product Description

OTA Node - OTA Node - Double Temperature Digital

2.00 | B11-200-X Double Wi-Fi connectivity transmits data to SensoScientific $395.00 | $275.00 | Dual Meter $550.00
Temperature Cloud.
Digital Compatible with DTPxx-2x probe.

4.00 | RTD15-F 15ft RTD Flat RTD Probe (-40°C to 70°C; Class A RTD) with 15ft $95.00] $80.00 Probes for Dual $320.00
Wire Probe flat wire cable. Meters

OTA Node - Single Temperature RTD

Wi-Fi connectivity transmits data to SensoScientific
Cloud.

Compatible with RTDxx-x probe.

OTA Node -
1.00 | B80-200-X | Single
Temperature RTD

$395.00 | $250.00 | Single Meter $250.00

1.00| RTD10-F tof RTD Flat RTD Standard Temperature Probe with 10ft flat wire $86.00| $70.00 Prabe for $70.00
Wire Probe cable. Single Meter
Glycol Vial .
Kit fe
5.00/GLYKIT |1ozGlycol Kit —_| Glycol Holster $25.00] $15.00 ee itfor | $75.00
10z of Propylene Gylcol
3.00 | PSOTA Power Supply Power Supply for OTA sensors, wall plug and 10' $20.00| $15.00| Power $45.00
OTA USB cable
3.00| OTABL91 |OTA Batteries __| Lithium Batteries for the OTA Series Sensors $15.00| $10.00 Fee for | $30.00
Annual Cloud Service is billed Annually and Includes; Data Cloud
5.00|/CLOUD | Support & Storage,Training ,Remote Technical Support, Alerts, | $65.00} $50.00 | Service/Remote | $250.00
Maintenance Automatic Cloud Updates Alarming

Totals

Subtotal $1,590.00

Tax $0.00

Shipping and $40.00
Handling

Grand Total $1,630.00

Annual Support and Maintenance Agreement

Terms and Conditions

1. Purchase of Products and Services. The individual or entity designated above as Customer (“Customer”) agrees to (a) purchase the
services (which includes use of equipment and cloud data storage, the “Products” during the term of the agreement) and pay the other costs
included in the Purchase — Total Charges designated as such above (the “Purchase Price”), and (b) subscribe to the monitoring and reporting
services (“Annual Services”) available at the SensoScientific Customer Website (the “SensoScientific Portal”) and pay the Total Annual Cloud
and Calibration Services Fees designated as such above (“Monitoring Fees”) during the term of its subscription. This Sales Quote and the
terms and conditions contained herein are sometimes referred to as the “Agreement”. All orders are subject to acceptance by SensoScientific.
By issuing a purchase order, signing a quote, or emailing approval for any purchases, Customer hereby acknowledges and agrees to all terms
and conditions.

2. Pricing and Payment.

(a) Sales Quote prices are expressed in U.S. Dollars, are not subject to offsets or price credits and are based on delivery of the Products
F.O.B. point of shipment. The Sales Quote is valid for a period of 90 days from the date hereof. Payment Terms are net 30 (thirty) days.

(b) SensoScientific will invoice Customer approximately a month in advance for the Annual Services renewal. Payments for such amounts are
due within thirty (30) days of the date of invoice. Amounts outstanding past their due dates may be assessed a late fee at SensoScientific's
sole discretion in the amount of one percent (1.5%) per month or the maximum amount provided by applicable law, whichever is greater.
SensoScientific shall not be obligated to accept or deliver orders from Customer if Customer does not or later cannot meet SensoScientific's
credit requirements. If, in SensoScientific's judgment, the Customer's financial condition at any time does not justify continuing production or
delivery on the above payment terms, SensoScientific may require full or partial payment in advance.

(c) Prices do not include any taxes, fees, duties, licenses, tariffs or levies, however designated, now or hereafter enacted that are imposed on
the items listed in this Sales Quote or to any transactions contemplated hereby or to the purchase, sale, transportation, delivery or use of the
same, all of which shall be paid by the Customer. Taxes will be added to the price where SensoScientific is required by law to collect them and
will be paid by the Customer unless Customer provides SensoScientific with the proper tax exemption certificate.

(d) Once an order has been placed, all cancellations and/or returns must be requested in writing within 30 days of placing the order.
Cancellation or returns are subject to a restocking fee ranging from 20 percent to 40 percent. Customer shall pay for all return shipping for
any cancellations/returns.

(e) The minimum customer order value is $75.00.

3. Installation of Equipment. If itemized in the Sales Quote above, SensoScientific or a designated installer shall install the Products. At the
time of installation, more or less equipment and software may be necessary as a result of the conditions present at the installation site. Any
installation charges, per diem and travel costs listed above are estimates only and shall be adjusted at the time of installation. The Setup Costs
and Annual Fees will be adjusted up or down based on the Products actually installed and the actual cost of installation, per diem and travel as
evidenced by the Installation Acceptance Form signed by Customer. Unless Customer otherwise indicates, upon signing of the Installation
Acceptance Form, it shall be conclusively presumed that said equipment was in good condition when received and that Customer has
accepted, and approved the same.

4. Term and Termination or agreement extension. The subscription to the Monitoring Fees and the obligation to pay Service Fees will continue
for a term of five (5) years from the effective date of installation or within 15 days after shipment of products, after which it shall continue for
succeeding five (5) year periods unless Customer shall send written notice to SensoScientific on or before the date which is two (2) months
prior to the end of the term (or renewal term) of this Agreement. Such renewal shall be upon the same terms and conditions.

5. Website Access. SensoScientific shall make commercially reasonable efforts to make the services subscribed to by Customer and
referenced herein available at the SensoScientific Portal 24 hours a day, 365 days each calendar year for Customer.

6. Support. SensoScientific shall provide telephonic and email support to Customer at no charge to Customer. SensoScientific shall have the
right to change the terms of its technica! support, including without limitation, the right to limit the amount of technical support and/or charge for
the same. SensoScientific on-site support is available on a time and materials basis with a minimum of two hours per incident plus actual travel
expenses.

7. Training. If itemized in the Sales Quote above, SensoScientific will train the individuals designated by Customer during the installation
process and thereafter will provide either online or on-site training at its then current rates.

8. Customer responsibilities:

a. Customer agrees to provide an available on-site responsible person to help SensoScientific with any issues related to installation or
maintenance.

b. For onsite installation, access to all equipment and rooms in locked areas will be made available within 5 minutes upon reasonable
request.

c. Customer agrees to provide any and all network information prior to shipment of Products or onsite installation.

Delays caused by Customer are billable at common published rates beyond the quote or estimate which assumed the above responsibilities

would be met.

9. SensoScientific Limited Warranty.

(a) For a period of 3 years from the date of installation, SensoScientific will warrant that the Products, together with software and/or firmware
embedded in any of the Products, are free from defects and materials and workmanship under normal use, subject to the following exceptions
for software and for equipment not manufactured by SensoScientific:

(i) Application Exception. Products used in environments where there are extreme changes in temperature such as cooking and chilling where
sensors may repeatedly go from hot to cold. Food Probes and Transport Sensors and other mobile sensors subject to abuse are warranted for
one (1) year. NOTE: Any product that demonstrates physical abuse is not covered by the warranty.

SensoScientific will make its best efforts to complete all repairs or replacements in a timely manner. Resolution will not to exceed 30 days from
the time the failed product is received and accepted by SensoScientific. All returned products must be accompanied by an authorized Return
Materials Authorization number (RMA #).

(ii) Equipment Not Manufactured by SensoScientific. The SensoScientific Limited Warranty does not cover any equipment not manufactured by
SensoScientific, such as personal computers, adapters, cables, power supplies, antennas, tripods and other miscellaneous equipment.

(b) SensoScientific shall have the option to repair or replace any items constituting the Products that do not conform to the SensoScientific
Limited Warranty. SensoScientific may use functionally equivalent items that have been reconditioned, refurbished, or previously returned, or
new items. No software updates are provided. Repairs of Products not covered by this warranty will be billed according to the repair policy for
that specific product then in effect.

(i) Products that are operated in combination with ancillary or peripheral equipment or software not manufactured, furnished, supplied or
otherwise certified by SensoScientific for use with the Products or any damage to the Products or such ancillary equipment because of such
use. Any of these voids the warranty.

(ii) Products if someone other than SensoScientific or a designated repair shop or technician authorized by SensoScientific, opens, tests,
adjusts, installs, maintains, alters, modifies or services the Products in any way. The SensoScientific Limited Warranty also does not cover any
of the Products with an altered or defaced serial number.

(iii) Losses, defects, malfunction, failure or damage that result from, are attributable to, or caused by: (a) use of the Products in a manner that
is not normal or customary or in an environment in which the Products are not intended to be installed; (b) improper maintenance, including
physical abuse to the Products or use of corrosive, abrasive or improper cleaning materials, (c) any misapplication, improper modifications,
unauthorized relocation; (d) activity intended to circumvent the security devices incorporated into the Products; (e) criminal activity, moisture,
shipping, or high voltage surges from external sources such as power lines or other connected equipment; (f) improper operation or misuse; (g)
accident or neglect such as dropping the Products onto hard surfaces; (h) contact with rain or extreme humidity; (i) an event or condition that
could have been covered by casualty or liability insurance; (j) the failure of (A) the internet provider to which Customer subscribes; (B) failure of
any phone/paging service, including phone lines, pagers, and cellular phone; (C) failure of any equipment such as serial ports, modems,
wiring, cabling, other software or personal computers; and (D) failure of any radio frequency transmissions, or (i) contact with extreme heat
(unless the Products are certified to be used with such extreme heat).

(d) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SENSOSCIENTIFIC BE
LIABLE TO LICENSEE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE EQUIPMENT OR
DOCUMENTATION (COLLECTIVELY “LOSSES”), EVEN IF SENSOSCIENTIFIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSSES, AND REGARDLESS OF WHETHER LOSSES ARE SUFFERED BY LICENSEE. No Other Warranties. EXCEPT AS OTHERWISE
STATED IN THIS AGREEMENT, SENSOSCIENTIFIC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WITH RESPECT TO THE EQUIPMENT AND DOCUMENTATION,
INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO CONTENT, QUALITY,
ACCURACY, TIMELINESS OF DELIVERY OR CURRENCY OF THE EQUIPMENT, PERFORMANCE, MERCHANTABILITY, TITLE,
NON-INFRINGEMENT, DESIGN OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE STATED IN THIS
AGREEMENT, THE EQUIPMENT SHALL BE DELIVERED BY SENSOSCIENTIFIC TO LICENSEE ON AN “AS-IS” AND “WITH-ALL-FAULTS”
BASIS, AND SENSOSCIENTIFIC MAKES NO REPRESENTATION OR WARRANTY THAT THE EQUIPMENT WILL BE ERROR-FREE

10. Loss, Repair, Maintenance and Warranty. Except as otherwise set forth herein, Customer shall bear the entire risk of loss, theft, damage or
destruction of the Products from any cause whatsoever, and no loss, theft, damage or destruction of the Products shall relieve the Customer of
the obligation to pay the Monitoring Fees or of any other obligation set forth in this Agreement. Provided that Customer makes all payments
due hereunder, SensoScientific, at its sole option, shall repair or replace any damaged, failed or malfunctioning item of the Products, and the
cost of such repair or replacement shall be the responsibility of Customer except during the period the Products are covered by the
SensoScientific Limited Warranty.

11. Confidentiality. The prices and other terms of this Agreement shall be treated by both SensoScientific and Customer as confidential and
may not be disclosed or shown to any third party without the prior written consent of the other. Both Customer and SensoScientific may
disclose that Customer has agreed to utilize the Products and Monitoring Fees, but shall not disclose any terms of this Agreement without the
prior written consent of the other.

12. Use and Ownership of Data. All data collected in connection with the Monitoring Fees shall belong to Customer and shall be treated by
SensoScientific as confidential. Notwithstanding the foregoing, so long as SensoScientific does not disclose or publish the specifics of such
data, including the location or origination of such data, SensoScientific reserves the right to use such data, statistics and other information that
is collected about the system’s operation and performance. SensoScientific will not place any customer information in the public domain.
Except for information that the customer makes publicly available, or when agreed between SensoScientific and the customer. Data will be
archived for as long as this Agreement is in effect. Customer may obtain a copy of its archived data at SensoScientific’s then current rate.

13. Default. If Customer fails to comply with the terms of this Agreement, SensoScientific shall be entitled to all remedies available at law or
equity and in connection therewith, Customer acknowledges that such breach will cause SensoScientific immediate and irreparable injury for
which remedies at law are inadequate. If SensoScientific fails to comply with the terms of this Agreement, SensoScientific’s entire liability
arising from or in connection with the Products and/or any software or firmware provided in connection therewith shall be limited to the
amounts paid by Customer hereunder. SensoScientific shall not be liable to Customer or anyone claiming by, through or under Customer, for
any consequential, incidental, indirect, special, exemplary, or punitive damages.

14. Entire Agreement. This Agreement and the SensoScientific Limited Warranty constitute the entire agreement and understanding of the
parties relative to the Products and the Monitoring Fees and supersede and replace all prior or contemporaneous agreements, written and
verbal, between the parties regarding the same. This Agreement may only be amended by a writing signed by authorized representatives of
SensoScientific and Customer. If any provision of this Agreement is for any reason held invalid, ineffective, and unenforceable or contrary to
public policy, the remainder of this Agreement remains in full force and effect notwithstanding.

15. Governing Law. This Agreement is governed by the laws of California without regard to the conflict of laws rules, provisions or statutes of
any jurisdiction. SensoScientific and Customer each represent that each shall comply with all applicable federal, state and local laws.

16. Nonwaiver. Waiver of any breach by either party, or failure of either party to exercise any rights under this Agreement on one or more
occasions is not a waiver of any right to exercise that right on another occasion.

17. Prevailing Party. In the event that any action shall be instituted by either of the parties hereto for the enforcement of any of it rights or
remedies in and under this Agreement, the prevailing party, whether in court or by way of out-of-court settlement, shall be entitled to recover
from the non prevailing party or parties such prevailing party's attorney's fees, court costs, expert witness fees and/or other expense relating to
such controversy, including attorney's fees, court costs and/or expense on appeal, if any.

18. Calibration: SensoScientific utilizes the QCP-SOP-C3 procedure and Simple Decision Rule.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
SENSOSCIENTIFIC BE LIABLE TO LICENSEE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE EQUIPMENT OR DOCUMENTATION (COLLECTIVELY “LOSSES”), EVEN IF SENSOSCIENTIFIC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSSES, AND REGARDLESS OF WHETHER LOSSES ARE SUFFERED BY LICENSEE.

No Other Warranties. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, SENSOSCIENTIFIC DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WITH
RESPECT TO THE EQUIPMENT AND DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO CONTENT, QUALITY, ACCURACY, TIMELINESS OF DELIVERY OR CURRENCY OF THE
EQUIPMENT, PERFORMANCE, MERCHANTABILITY, TITLE, NON INFRINGEMENT, DESIGN OR FITNESS FOR A PARTICULAR
PURPOSE. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, THE EQUIPMENT SHALL BE DELIVERED BY

SENSOSCIENTIFIC TO LICENSEE ON AN “AS-IS” AND “WITH-ALL-FAULTS” BASIS, AND SENSOSCIENTIFIC MAKES NO
REPRESENTATION OR WARRANTY THAT THE EQUIPMENT WILL BE ERROR-FREE.

Purchase Order Reference Number (PLEASE PROVIDE PO# IF REQUIRED FOR PAYMENT)

PO#.

Quote Acceptance Information

Signature
Name
Title
Date

Qensoscientific.

Simple. Accurate. Reliable.

uble Temperature Sensor

B11-200-OTA Sensor

SensoScientific Wi-Fi transmitters are high speed wireless modules

with PEAPvO enterprise security, capable of collecting, storing and

transmitting data wirelessly over a standard 802.11 b/g/n (Wi-Fi -
on j RF Frequency 2.4 to 2.497 GHz) with TCP protocol. The transmitter

True embedded Wi-Fi solution
Device-level certificate

NIST certified/A2LA Accredited Sna|
Push button to force real-time devi
Multi LED for connectivity status

VRS RSLSS

Audio and Visual Alerts on Device

Radio Protocol

Warranty

Enterprise Security
Memory

Alarms

Mounting

Housing

Ambient Operating Range
Temperature Measurement Range
RF Frequency

Power Supply

Battery Life
Dimensions

LDAP
Certificates

On-board e-ink display to satisfy CDC requirements

In-House ISO17025 certified calibration lab

the cae

passes information to a standard access point which can be
accessed by any Wi-Fi enabled network. Each transmitter monitors
against preset conditions that are defined by the user. Additional
alerts can be provided through a variety of methods such as SMS,
text message, voice, pager, cell phone, fax and e-mail. Information
recorded in °F or °C to the database is time-stamped and cannot
be altered through the user interface.

Key Features

FDA 21 CFR part 11 compliant
Validated FIPS compliant Microsoft® Azure Cloud

¥ No proprietary software
V Device independence — No extra hardware
Y Scalability
p Calibration ¥ Lowest total cost of ownership
ce reading Dual power — Battery/AC power
v
v

Product Specifications

IEEE802.11 b/g/n compatible 54Mbit/sec

3 year warranty

PEAPvO with EAP-MSCAPv2 (PEAP)

On-transmitter buffer storage

Visual and audio alarm indicators - can be silenced locally

Easy zip tie mount hooks with screw holster wall mount for easy mount & removal
ABS plastic enclosure with silicon rubber covers and open ports

32°F to 167°F (0°C to 75°C)

-20°C to 150°C

2.4 to 2.497 GHz

(4) 1.5V AA Lithium Batteries. Any AA 1.5V batteries can be used

(lithium or alkaline) Optional - External AC/DC Power Supply - UL certified
Universal input: 100Vac to 240Vac

1year

Height: 4.25” (108mm)

Width: 3.88” (98mm)

Thickness: 1.38” (35mm)

Single Sign-on capability

Device-level certificate for authentication

Qensoscientific.