Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Axon Enterprise Inc 2018-05-22
AXON Master Services and Purchasing Agreement This Master Services and Purchasing Agreement (the Agreement) by and between Axon Enterprise, Inc., (Axon or Party) a Delaware corporation having its principal place of business at 17800 N 851h Street, Scottsdale,Arizona, 85255, and CITY OF UKIAH -CA(Agency. Party or collectively Parties), is entered into the later of(a) the last signature date on this Agreement, or (b) the signature date on the quote (the Effective Date). This Agreement sets forth the terms and conditions for the purchase, delivery, use, and support of Axon Products and Services as detailed in the Quote Appendix (the Quote), which is hereby incorporated by reference. In consideration of this Agreement,the Parties agree as follows: 1 Term. This Agreement will commence on the Effective Date and will remain in full force and effect until terminated by either Party.The Agency may renew the terms and conditions of this Agreement for an additional 5 years upon the execution of a new pricing Quote. New products and services may require additional terms and conditions.Axon services will not be authorized until a signed Quote or Purchase Order is accepted by Axon,whichever is first. 2 Definitions. "Confidential Information" means all nonpublic information disclosed by Axon, Axon affiliates, business partners of Axon or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circurnstances surrounding its disclosure, reasonably should be understood to be confidential. "Evidence.com Service"means Axon web services for Evidence.com,the Evidence.com site, Evidence Sync software, Axon Capture App, Axon View App, other software, maintenance, storage, and any product or service provided by Axon under this Agreement for use with Evidence.com.This does not include any third-party applications, hardware warranties, or my.evidence.com services. "Products" means all hardware, software, cloud based services, and software maintenance releases and updates provided by Axon under this Agreement. "Quote" is an offer to sell, and is valid only for products and services listed on the quote at prices on the quote.Any terms and conditions contained within the Agency's purchase order in response to the Quote will be null and void and shall have no force or effect. Axon is not responsible for pricing, typographical, or other 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 pursuant to this Agreement. 3 Payment Terms.Axon invoices upon shipment, unless otherwise specified in the Quote. Invoices are due to be paid within 30 days of the date of invoice, unless otherwise specified by Axon.All orders are subject to prior credit approval. Payment obligations are non-cancelable, fees paid are non- refundable, and all amounts payable will be made without setoff, deduction, or Withholding[CMt],[cM2] unless orders r ncell _!R_compliancewith this Aagreemen . If a delinquent account is sent to collections, the Agency is responsible for all collection and attorneys' fees. In the event the Agency Thlr. Yamr Sarrdea and Purelrning Agr a eM harwaan Axon"d Agency Np■mmane Ulwcwu r SenAu Page 1 of 7 Verstoa: 4.0 Relaaea Date: 4WGIR AXON chooses a phased deployment for the Products in the Quote,the Quote pricing is subject to change if the phased deployment changes. 4 Taxes. Unless Axon is provided with a valid and correct tax exemption certificate applicable to the purchase and ship-to location,the Agency is responsible for sales and other taxes associated with the order. 5 Shipping: Title: Risk Qf Loss: Rejection. Axon reserves the right to make partial shipments and Products may ship from multiple locations. All shipments are FOB Ukiah Police Department via common carrier and title and risk of loss pass to the Agency upon delivery to the Agency. The Agency is responsible for any shipping charges on the Quote. Shipping dates are estimates only. The Agency may reject Products that do not match the Products listed in the Quote, are damaged, or non- functional upon receipt (Nonconforming Product) by providing Axon written notice of rejection within 10 days of shipment. In the event the Agency receives a Nonconforming Product, the Agency's sole remedy is to return the Product to Axon for repair or replacement as further described in the Warranties Section. Failure to notify Axon within the 10-day rejection period will be deemed as acceptance of Product. 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 Warranties. 7.1 Hardware Limited Warranty. Axon warrants that its law enforcement hardware Products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1-year limited warranty term plus the term of the extended warranty measured from the date of expiration of the 1-year limited warranty.CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. Axon- manufactured accessories are covered under a limited 90-DAY warranty from the date of receipt. Non-Axon manufactured accessories, including all Apple and Android devices, are covered under the manufacturer's warranty. In the event of a warranty claim for an Apple or Android device, the Agency should contact the manufacturer. If Axon determines that a valid warranty claim is received within the warranty period, as further described in the Warranty Limitations section, Axon agrees to repair or replace the Product. Axon's sole responsibility under this warranty is to either repair or replace with €he same or like Product, at Axon's option. 7.2 Warranty Limitations. 7.2.1 The warranties do not apply to and Axon will not be responsible for any loss,data loss, damage, or other liabilities arising from damage:(a)from failure to follow instructions relating to the Product's use; (b) caused by use with non-Axon products or from the use of cartridges, batteries or other components that are not manufactured or recommended by Axon;(c)caused by abuse,misuse,intentional or deliberate damage to the Product, or force majeure; (d) to a Product or part that has been repaired or modified by persons other than Axon authorized personnel or without the written permission of Axon; or (e) to any Axon Product whose serial number has been removed or defaced. flow. Y.Wr SoMm end Purcb"ng Agrwewnc6.hwan Am&.and Agency . fle"wo.ne Sd.nl[nunnwr S. k. Page J o'17--11-7 V"": 4.0 R.1—Get.: 4r2J 8 AXON 7.2.2 To the extent permitted by law,the warranties and the 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. 7.2.3 LExcept as povidgde . CM3)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. 7.3 Warranty Returns. If a valid warranty claim is received by Axon within the warranty period, Axon agrees to repair or replace the Product that Axon determines in its sole discretion to be defective under normal use, as defined in the Product instructions. Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon's option. 7.3.1 For warranty return and repair procedures, including troubleshooting guides, please go to Axon's websites www.axon,com/suppQrt-or www.evidence.cgm as indicated in the appropriate Product user manual or quick start guide. 7.3.2 Before delivering Product for warranty service, it is the Agency's responsibility to upload the data contained in the Product to the Evidence.com Service or download the Product data and keep a separate backup copy of the contents. Axon is nor responsible for any loss of software programs, data, or other information contained on the storage media or any other part of the Product. 7.3.3 A replacement Product will be new or like new and have the remaining warranty period of the original Product or 90 days from the date of replacement or repair, whichever period is longer. When a Product or part is exchanged, any replacement item becomes Agency's property and the replaced item becomes Axon's property. 8 PrQdMct Warnings. See Axon's website at www.axQn.com/legal for the most current Axon product warnings. 9 Design Changes. Axon reserves the right to make changes in the design of any of Axon's products and services without incurring any obligation to notify the Agency or to make the same change to products and services previously purchased. 10 Insurance. Axon will maintain, at Axon's own expense and in effect during the Term, Commercial General Liability Insurance, and Workers' Compensation Insurance and Commercial Automobile Insurance, and will furnish certificates of insurance or self-insurance upon request. 11 Indemnification. Axon will indemnify and defend the Agency's officers, directors, and employees (Agency Indemnitees)from and against all claims, demands, losses, liabilities, reasonable costs and Me: Yua,S—k-aM Purch"ag agi. al bet w axon 4"d Apncy . °`a`""'"° SA.K".en",.,SMVk. Page 3 of 173 74-7 ".rd-, 41 Rele Mu: 4MM5 AXON expenses arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct of Axon under or related to this Agreement, except in the case of negligent acts, omissions or willful misconduct of the Agency or claims that fall under Workers Compensation coverage. 12 IP Rights. Axon owns and reserves all right,title, and interest in the Axon Products and Services, and related software, as well as any suggestions made to Axon. 13 IP Indemnification. Axon will defend, indemnify, and hold the Agency Indemnitees harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys'fees)arising out of or relating to any third-parry claim alleging that use of Axon Products or Services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. The Agency must provide Axon with prompt written notice of such a claim, tender to Axon the defense or settlement of such a claim at Axon's expense, and cooperate fully with Axon in the defense or settlement of such a claim. Axon has no liability to the Agency or any third party if any alleged infringement or claim of infringement is to any extent based upon: (a) any modification of the Evidence.com Service by the Agency or any thirdart in he AgencVs request or subject to the Agen s c roler any_third pa4*n0t'[MH4j[cnn5j[cnn6l approved by Axon; (b) use of the Evidence.com Service in connection or in combination with equipment, devices, or services not approved or recommended by Axon; (c)the use of Evidence.com Service other than as permitted under this Agreement or in a manner for which it was not intended; or (d) the use of other than the most current release or version of any software provided by Axon as part of or in connection with the Evidence.com Service. Nothing in this Section will affect any warranties in favor of the Agency that are otherwise provided in or arise out of this Agreement. 14 Agency Responsibilities. The Agency is responsible for (i) use of Axon Products (including any activities under the Agency Evidence.com account and use by Agency employees and agents), (H) breach of this Agreement or violation of applicable law by the Agency or any of the Agency's end users, (iii) Agency Content or the combination of Agency Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third party rights by Agency Content or by the use of Agency Content, (iv)a dispute between the Agency and any third party over Agency use of Axon Products or the collection or use of Agency Content, (v)any hardware or networks that the Agency connects to the Evidence.com Service, and (vi) any security settings the Agency establishes to interact with or on the Evidence.com Service. 15 Jermination. 15.1 By Either Party. Either Party may terminate for cause upon 30 days advance notice to the other Party if there is any material default or breach of this Agreement by the other Party, unless the defaulting Party has cured the material default or breach within the 30-day notice period. In the event that the Agency terminates this Agreement due to Axon's failure to cure the material breach or default,Axon will issue a refund of any prepaid amounts on a prorated basis from the date of notice of termination. 15.2 By Agency.The Agency is obligated to pay the fees under this Agreement as may lawfully be Tide: Yeemr Sa ka end Purchasing Aweemenl between Awn ead Ageary Dsp "aea= S.F.VC.swmeo�a Page 4 of 173I4-7 v..ree: to R.1—Me! JJ21ME AXON made from funds budgeted and appropriated for that purpose during the Agency's then current fiscal year. In the event that sufficient funds will not be appropriated or are not otherwise legally available to pay the fees required under this Agreement, this Agreement may be terminated by the Agency. The Agency agrees to deliver notice of termination under this Section at least 90 days prior to the end of the Agency's then current fiscal year, or as soon as reasonably practicable under the circumstances. 15.3 Effect of Termination. Upon any termination of this Agreement; (a) all Agency rights under this Agreement immediately terminate; (b) the Agency remains responsible for all fees and charges incurred through the date of termination; and(c) Payment Terms, Warranty, Product Warnings, Indemnification, and Agency Responsibilities Sections, as well as the Evidence.com Terms of Use Appendix Sections on Agency Owns Agency Content, Data Storage, Fees and Payment,Software Services Warranty, IP Rights and License Restrictions will continue to apply in accordance with their terms. If the Agency purchases Products for a value less than the Manufacturer's Suggested Retail Price (MSRP) and this Agreement is terminated before the end of the term then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid for; or (b) only in the case of termination for non- appropriations, return the Products to Axon within 30 days of the date of termination. For bundled Products, the MSRP is the value of all standalone components of the bundle. 16 General. 16.1 Confidentiality. Both Parties will take all reasonable measures to avoid disclosure, dissemination or unauthorized :use of either Party's Confidential Information. Except as required by applicable law, neither Party will disclose either Party's Confidential Information during the Term or at anytime during the 5-year period following the end of the Term. Unless the Agency is legally required to disclose Axon's pricing, all Axon pricing is considered confidential and competition sensitive. To the extent allowable by law, Agency will provide notice to Axon prior to any such disclosure. Notwithstanding the above,Axon retains the right to publicly announce information pertaining to this Agreement.As a publicly traded company, Axon has a duty to provide shareholders with information on material agreements. 16.2 Excusable delays. Axon will use commercially reasonable efforts to deliver all Products and Services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond Axon's reasonable control,Axon has the right to delay or terminate the delivery with reasonable notice. 16.3 Force Majeure. Neither Parry will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the Parties' reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. 16.4 Proprietary Information. The Agency agrees that 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, and that the Agency will Me, Yrp,Secdca,and Purch"ag Agn nn he[ n Axon and Agency oeP.mn.ne SabYCoemnw,S—ke Page 5 of]Z�x VV=; 41 Heber Dab: AnD016 AXON not directly or indirectly cause any proprietary rights to be violated. 16.5 Independent Contractors. The Parties are independent contractors. Neither Parry, nor any of their respective affiliates, 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. 16.6 No Third-Party Beneficiaries. This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement. 16.7 Non-discrimination and Equal Opportunity. During the performance of this Agreement, neither the Parties nor the Party's employees will discriminate against any person, whether employed by a Party or otherwise, on the basis of basis of race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. In all solicitations or advertisements for employees, agents, subcontractors or others to be engaged by a Party or placed by or on behalf of a Party, the solicitation or advertisement shall state all qualified applicants shall receive consideration for employment without regard to race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. 16.8 U.S. Government Rights. Any Evidence.com Service provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" will have the same rights and restrictions generally applicable to the Evidence.com Service. If the Agency is using the Evidence.com 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, the Agency will immediately discontinue use of the Evidence.com Service.The terms"commercial item,""commercial computer software," "commercial computer software documentation," and "technical data" are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. 16.9 Import and Export Compliance. In connection with this Agreement, each Parry will comply with all applicable import, re- import, export, and re-export control laws and regulations. 16.10 Assignment. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Parry. Axon may assign or otherwise transfer this Agreement or any of its rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of its assets, drr (c) as part of a corporate reorganization, or- (d) tG an affiliate or subsidia men. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 16.11 No Waivers. The failure by either Party to enforce any provision of this Agreement will not constitute a present or future waiver of the provision nor limit the Party's right to enforce the provision at a later time. 16.12 Severability. This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement Me: Yegar Sawkes and Purchasing Agnmroarn hhwean Axon and Agency DaPa.9; SAIKUMarnar S—Aca Page 6 of 17114-7 Version: 4.0 Release gab: MM918 AXON will remain in full force and effect. T 16.13 Governing Law;Venue. The laws of the state where the Agency is physically located, without reference to conflict of law rules,govern this Agreement and any dispute of any sort that might arise between the Parties.The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 16.14 Notices. All communications and notices to be made or given pursuant to this Agreement must be in the English language. Notices provided by posting on the Agency's Evidence.com site will be effective upon posting and notices provided by email will be effective when the email was sent. Notices provided by personal delivery will be effective immediately. Contact information for notices: Axon: Axon Enterprise, Inc. Agency: CITY OF UKIAH Attn: Contracts Attn: Purchasing Department 17800 N. 85th Street 300 Seminary Avenue Scottsdale,Arizona 85255 Ukiah, California 95482 contracts@axon.com mhorger@cityofuklah.com 16.15 Entire Agreement.This Agreement,including the Appendices attached hereto,and the Quote provided by Axon, represents the entire agreement between the Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties,whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the Parties to this Agreement. If Axon provides a translation of the English language version of this Agreement,the English language version of the Agreement will control if there is any conflict. 16.16 Counterparts. If this Agreement form requires the signatures of the Parties, then this Agreement may be executed by electronic signature in multiple counterparts, each of which is considered an original. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed. Each Party warrants and represents that its respective signatories,whose signatures appear below, have been and are, on the date of signature, duly authorized to execute this Agreement. Axon Enterprise, Inc. City of Ukiah-CA Signature: Signature: Name: Name: 5A E AN ! MO Title: Title:CITY MANAGER Date: Date: S" ' • z�- Tblr. Unster SmIces and Pamh4sing Agreement batween Axon and Agency Dep mnen° Sal"Cr few 5on*e Page 7 of�} voiWon: 4.0 g Rdaate Dean: UNmte Evidence.com Terms of Use Appendix 1 Evidence.com Subscription Term. The Evidence.com Subscription Term will begin after shipment of the Axon body worn cameras. If shipped in 1st half of the month, the start date is on the 1 st of the following month. If shipped in the last half of the month, the start date is on the 15th of the following month. For phased deployments,the Evidence.com Subscription begins upon the shipment of the first phase. For purchases that consist solely of Evidence.com licenses, the Subscription will begin upon the Effective Date. 2 Access Rights. "Agency Content" means software, data, text, audio, video, images or other Agency content or any of the Agency's end users(a)run on the Evidence.com Service,(b)cause to interface with the Evidence.com Service, or (c) upload to the Evidence.com Service under the Agency account or otherwise transfer, process, use or store in connection with the Agency account. Upon the purchase or granting of a subscription from Axon and the opening of an Evidence.com account, the Agency will have access and use of the Evidence.com Service for the storage and management of Agency Content during the Evidence.com Subscription Term. The Evidence.com Service and data storage are subject to usage limits. The Evidence.com Service may not be accessed by more than the number of end users specified in the Quote. If Agency becomes aware of any violation of this Agreement by an end user, the Agency will immediately terminate that end user's access to Agency Content and the Evidence.com Services. For Evidence.com Lite licenses, the Agency will have access and use of Evidence.com Lite for only the storage and management of data from TASER CEWs and the TASER CAM during the subscription Term. The Evidence.com Lite Service may not be accessed to upload any non-TASER CAM video or any other files. 3 Agency Owns Agency Content. The Agency controls and owns all right, title, and interest in and to Agency Content and except as otherwise outlined herein, Axon obtains no interest in the Agency Content, and the Agency Content are not business records of Axon.The Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of Agency Content. Axon will have limited access to Agency Content solely for providing and supporting the Evidence.com Service to the Agency and Agency end users. The Agency represents that the Agency owns Agency Content; and that none of Agency Content or Agency end users' use of Agency Content or the Evidence.com Service will violate this Agreement or applicable laws. 4 Evidence.com Data Security_. 4.1. Generally. Axon will implement commercially reasonable and appropriate measures designed to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive Information Security Program (IISP) that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence uploaded, security education, risk management, and data protection. The Agency is 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 I1W.: iA.KW S4.1—..d N.h.Wa Ap...m.a.o.n A.--d Aq...v Page 8 of 124 +7 O.p..v....e S.J-K.aw....S—A— v.ni.n: R......o.n: 40MIS Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. The Agency agrees to be responsible for all activities undertaken by the Agency, Agency employees, Agency contractors or agents, and Agency end users that result in unauthorized access to the Agency account or Agency Content. Audit log tracking for the video data is an automatic feature of the Services that provides details as to who accesses the video data and may be downloaded by the Agency at any time. The Agency shall contact Axon immediately if an unauthorized third party may be using the Agency account or Agency Content or if account information is lost or stolen. 4.2. FBI CJIS Security Addendum. Axon agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI)Criminal justice Information Services(CJIS) Security Addendum for the Term of this Agreement. 5 Ax n's Support. Axon will make available updates as released by Axon to the Evidence.com Services. The Agency is responsible for maintaining the computer equipment and Internet connections necessary for use of the Evidence.com Services. 5.1. Support of Android Applications. For Android applications, including Axon View, Axon Device Manager, and Axon Capture,Axon will use reasonable efforts to continue supporting previous version of such applications for 45 days after the change. In the event Agency does not update their Android application to the most current version within 45 days of release, Axon may disable the application or force updates to the non-supported application. 6 Data Privacy. Axon will not disclose Agency Content or any information about the 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 the Agency may file an objection with the court or administrative body. "he Agency agrees to allow Axon access to certain information from the Agency in order to: (a) perform troubleshooting services upon request or as part of Axon's regular diagnostic screenings; (b) enforce this agreement or policies governing use of Evidence.com Services; or (c) perform analytic and diagnostic evaluations of the systems. 7 Data Storage.Axon will determine the locations of the data centers in which Agency Content will be stored and accessible by Agency end users. For United States customers, Axon will ensure that all Agency Content stored in the Evidence.com Services remains within the United States, including any backup data, replication sites, and disaster recovery sites. Axon may transfer Agency Content to third parties for the purpose of storage of Agency Content. Third party subcontractors responsible for storage of Agency Content are contracted by Axon for data storage services. Ownership of Agency Content remains with the Agency. For use of an Unlimited Evidence.com License, unlimited data may be stored in the Agency's Evidence.com account only if the data originates from an Axon Body Worn Camera or Axon Capture device. Axon reserves the right to charge additional fees for exceeding purchased storage amounts or for Axon's assistance in the downloading or exporting of Agency Content. Axon may place into archival storage any data stored in the Agency's Evidence.com accounts that has not been viewed or accessed for 6 months. Data stored in 1 1111.: U,"S.Ak Purcn..Np Ag—meat 6.MNn Ax and AV.ncy Page 9 of 1717 -7� F1.p.mn.nn S.l.afCnnw S.M.. V.nl.n: 4.0 archival storage will not have immediate availability, and may take up to 24 hours to access. 8 Suspension of Evidence.corn-Services. Axon may suspend Agency access or any end user's right to access or use any portion or all of the Evidence.com Services immediately upon notice, in accordance with the following: 8.1. The Termination provisions of the Master Service Agreement apply; 8.2. The Agency or an end user's use of or registration for the Evidence.com Services (i) poses a security risk to the Evidence.com Services or any third party,(ii)may adversely impact the Evidence.com Services 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; 8.3. If Axon suspends the right to access or use any portion or all of the Evidence.com Services, the Agency remains responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension.Axon will not delete any of Agency Content on Evidence.com as a result of a suspension, except as specified elsewhere in this Agreement. 9 Software Services Warranty. Axon warrants that the Evidence.com Services 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 the Evidence.com Services. 10 License Restrictions. Neither the Agency nor any Agency end users (including, without limitation, employees, contractors, agents, officers, volunteers, and directors), may, or may attempt to:(a)permit any third party to access the Evidence.com Services, except as permitted in this Agreement; (b) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Evidence.com Services; (c) reverse engineer, disassemble, or decompile the Evidence.com Services or apply any other process or procedure to derive the source code of any software included in the Evidence.com Services, or allow any others to do the same; (d) access or use the Evidence.com Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;(e)copy the Evidence.com Services in whole or part, except as expressly permitted in this Agreement; (f) use trade secret information contained in the Evidence.com Services, except as expressly permitted in this Agreement; (g) resell, rent, loan, or sublicense the Evidence.com Services; (h) access the Evidence.com Services in order to build a competitive product or service or copy any features, functions, or graphics of the Evidence.com Services; (i) 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 the Evidence.com Services or any copies of the Evidence.com Services; or (j) use the Evidence.com Services 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. All licenses granted in this Agreement are conditional on continued compliance this Agreement, and will immediately and automatically terminate if the Agency does not comply with any term or condition of this Agreement. The Agency may only use Axon's trademarks in accordance with the Axon Trademark Use Guidelines (located at www.axon.com). 11 After Termination. Axon will not delete any Agency Content as a result of a termination 1I11e: Mau" Serve:..end Purcbeaing AQw.m.ni b.lween A—and Agency Page 10 of t 7�-7 D.P... S.I.eKnMem.,S-1ce V.n1.n: e,0 RW—U.e.: VMOIS during a period of 90 days following termination. During this 90-day period the Agency may retrieve Agency Content only if all amounts due have been paid (there will be no application functionality of the Evidence.com Services during this 90-day period other than the ability to retrieve Agency Content). The Agency will not incur any additional fees if Agency Content is downloaded from Evidence.com during this 90-day period.Axon has no obligation to maintain or provide any Agency Content after this 90-day period and will thereafter, unless legally prohibited delete all of Agency Content stored in the Evidence.com Services. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from the Evidence.com Services. 12 Post-Terminati,Qn 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. Ew. Y�S.rvb..a d P—b.W.2 Agrw I6.e...n Mon.nd Ag—.V Page 11 of 1 ZIZ4-7 O.p.�ow..[ S.1«Icu ,S-A" V.ni..• 4.0 Rol—O.n: 4WMA Professional Services Appendix 1 Professional Services Term.Amounts pre-paid for professional services as outlined in the Quote and the Professional Service Appendix must be used within 6 months of the Effective Date. 2 Scope of Services.The project scope will consist of the Services identified on the Quote, 2.1. The Axon Starter Package includes one day of on-site services and a professional services manager that will work closely with the Agency to assess the Agency's deployment scope and determine which services are appropriate. If more than one(1) day of on-site services is needed, additional on-site assistance is available for $2,000 per day.The Axon Starter Package options include: System set up and configuration • Setup Axon Mobile on smart phones(if applicable). • Configure categories&custom roles based on Agency need. • Troubleshoot IT issues with Evidence.com and Evidence.com Dock(Dock)access. • Work with IT to install Evidence Sync software on locked-down computers(if applicable). • Virtual assistance included. Dock configuration • Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. • Authenticate Dock with Evidence.com using"Administrator"credentials from Agency. • Virtual assistance included. Axon instructor training(Train the Trainer) Training for Agencys in-house instructors who can support the Agencys Axon camera and Evidence.com training needs after Axon's Professional Service team 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, Evidence.com and Evidence Sync. Implementation document packet " Evidence.com administrator guides,camera implementation guides, network setup guide,sample policies, and categories&roles uide. The Axon body camera Virtual Starter package includes all items in the Axon Starter Package, except one day of on-site services. 3 Officer Safety Plan(OSP) Full-Service and Starter Service.The Package for OSP Full Service includes both the Axon Full Service and CEW Full Service items. The Package for OSP Starter Service includes both the Axon Starter Service and CEW Starter Service items. 4 Smart Weapon TransitLQn Service. The Package for Smart Weapon Transition service includes the following: Archival of Firing Logs Axon's on-site professional services team will upload firing logs to Evidence.com from all TASER CEW Smart nw: UW.S.mkn..aa. 1.4„9Agr..m.1c.e. Aa ..dA"--y Page 12of,ZIZ44 S.M_ u.w...um: ulrzoia Weapons that the Agency is reelacing 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 the Agency with a Certificate of Destruction 5 Body Worn ra Virtual Add-on Services. The Agency may purchase Virtual add-on classes for both end users and support staff. The Virtual Add-on User class will include one deployment planning conference call and one virtual administrative training via WebEx. 6 Out of Scope Services. Axon is responsible to perform only the Services described on the Quote. Any additional services discussed or implied that are not defined explicitly by the Quote will be considered out of the scope. Additional training days may be added on to any service package for additional fees set forth in the Quote. 7 Delivery of Services. 7.1. Hours and Travel. Axon personnel will work within normal business hours, Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays, unless otherwise agreed in advance. All tasks on-site will be performed over a consecutive timeframe, unless otherwise agreed to by the Parties in advance. Travel time by Axon personnel to Agency premises will not be charged as work hours performed. 7.2. Changes to Services. Changes to the scope of Services must be documented and agreed upon by the Parties in a change order. Changes may require an equitable adjustment in the charges or schedule. 8 Authorization tQ Access Computer Systems to-Perform Services. The Agency authorizes Axon to access relevant Agency computers and network systems, solely for performing the Services. Axon will work diligently to identify as soon as reasonably practicable the resources and information Axon expects to use, and will provide an initial itemized list to the Agency. The 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 the Agency. 9 Site Pr ration and Installation. Prior to delivering any Services, Axon will provide 1 copy of the then-current user documentation for the Services and related Products in paper or electronic form (Product User Documentation). The Product User Documentation will include all environmental specifications that must be met in order for the Services and related Products to operate in accordance with the Product User Documentation. Prior to the installation of Product(whether performed by the Agency or Axon),the Agency must prepare the location(s) where the Products are to be installed (Installation Site) in accordance with the environmental specifications set forth in the Product User Documentation. Following the installation of the Products,the Agency must maintain the Installation Site where the Products have been installed in accordance with the environmental specifications set forth in the Product User Documentation. In the event that there are any updates or modifications to the Product User Documentation for any Products provided by Axon under this Agreement, including the environmental specifications for the Products,Axon will provide the updates or modifications to Agency when they are generally released by Axon to Axon customers. 10 Acceptance Checklist. Axon will present an Acceptance Form (Acceptance Form) upon 1 [ILW lAaa.r Servlm..d P—h-31ny Agr...n.n10e[ween A.on end Awncy Page 13 of LL D.P.. S.IpK p,wr S.rak. Ynai.n: 40 ,tm-II.b: 4r?FASS completion of the Services. The Agency will sign the Acceptance Form acknowledging completion of the Services once the on-site service session has been completed. If the Agency reasonably believes that Axon did not complete the Services in substantial conformance with this Agreement,the Agency must notify Axon in writing of the specific reasons for rejection of the Services within 7 calendar days from delivery of the Checklist.Axon will address the issues and then will re-present the Acceptance Form for approval and signature. If Axon does not receive the signed Acceptance Form or a written notification of the reasons for the rejection of the performance of the Services within 7 calendar days of delivery of the Acceptance Form, the absence of the Agency response will constitute affirmative acceptance of the Services,and a waiver of any right of rejection. 11 Liability for Loss or Corruption of Data.The Agency is responsible for: (i) instituting proper and timely backup procedures for any files and programs on the Agency's network, not including any Agency Content on Fvidence.com (Agency Software and Data); (ii) creating timely backup copies of Agency Software and Data that may be damaged, lost, or corrupted due to Axon's provision of Services; and (iii) using backup copies to restore any Agency Software and Data in the event of any loss of, damage to, or corruption of the operational version of Agency Software and Data,even if such damage, loss, or corruption is due to Axon's negligence. However, regardless of any assistance provided by Axon: (i) Axon will in no way be liable for the accuracy, completeness, success, or results of efforts to restore Agency Software and Data;(ii)any assistance provided by Axon under this Section is without warranty, express or implied;and(iii)in no event will Axon be liable for loss of, damage to,or corruption of Agency Software and Data from any cause. L Thf.: JAW.S.M.--d PyId.yny A91-t 6.[ ..Mon end Ag"" Page 14 of]Z114-7 O.p.dm..t S.I..fCuRom.r S.me. v.r.e.n: co u.i....o.roo AQM16 Technology Assurance Plan Appendix The Technology Assurance Plan("TAP")is an optional plan the Agency may purchase. If TAP is included on the Quote, this TAP Appendix applies. TAP may be purchased as a standalone plan.TAP for Axon body worn cameras is also included as part of the Unlimited Evidence.com License, as well as under the Officer Safety Plan. TAP provides hardware extended warranty coverage, Spare Products, and a hardware refresh.TAP only applies to the Axon hardware Products listed in the Quote. 1 TAP Warranty Coverage. TAP includes the extended warranty coverage described in the current hardware warranty.TAP warranty coverage starts at the end of the Hardware Limited Warranty term and continues as long as the Agency continues to pay the required annual fees for TAP. TAP for Axon body worn cameras also includes free replacement of the Axon Flex controller battery and Axon Body battery during the TAP Term for any failure that is not specifically excluded from the Hardware Warranty. 2 TAP Term.The TAP Term start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1 st of the following month. If the shipment of the hardware occurred in the second half of the month,then the Term starts on the 15th of the following month. 3 SPARE Product. Axon will provide a predetermined number of spare Products for those hardware items and accessories listed in the Quote (Spare Products) to keep at the Agency location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. The Agency must return to Axon, through Axon's Return Merchandise Authorization (RMA) process, any broken or non-functioning units for which a Spare Product is utilized, and Axon wil repair the non-functioning unit or replace with a replacement Product. Axon will repair or replace the unit that fails to function for any reason not excluded by the TAP warranty coverage, during the TAP Term with the same Product or a like Product. at Axon's sole option. 4 Officer Safety— n_(OSP_). The Officer Safety Plan includes the benefits of the Evidence.com Unlimited License(which includes unlimited data storage for Axon camera and Axon Capture generated data in the Evidence.com Services and TAP for the Axon Camera), TAP for Evidence.com Dock, one Axon brand CEW with a 4-year Warranty, one CEW battery, and one CEW holster. The OSP must be purchased for a period of 5 years (OSP Term). At any time during the OSP Term, the Agency may choose to receive the CEW, battery and holster by providing a $0 purchase order.At the time elected to receive the CEW,the Agency may choose from any CEW model available as of the Effective Date of this Agreement. If the OSP is terminated before the end of the term and the Agency did not receive a CEW, battery or holster, Axon has no obligation to reimburse for those items not received. If OSP is terminated before the end of the OSP Term and the Agency received a CEW, battery and/or holster then (a) the Agency will be invoiced for the remainder of the MSRP for the TO.: Um. 5..k....E Nr h..hV AW--..t b tM Aeon..d AQ.nry Page 15 of 1Z�1-z O.p.N.nt 5.1..![urt. S.'wkw v.nu..: ..o f7.l..r o.e.: urnme Products received and not already paid as part of the OSP before the termination date; or(b) only in the case of termination for non-appropriations, return the CEW, battery and holster to Axon within 30 days of the date of termination. 5 TAP Upgrade Models.Any Products replaced within 6 months prior to the scheduled upgrade will be deemed the upgrade. Within 30 days of receiving an upgrade, the Agency must return the original Products to Axon or destroy the Products locally and provide a certificate of destruction to Axon that includes the serial numbers for the destroyed Products. If the Agency does not return the Products to Axon or destroy the Products,Axon will deactivate the serial numbers for the Products received by the Agency. 6 TAP for Axon Body Worn Cameras. If the Agency purchases 3 years of Evidence.com Unlimited Licenses or TAP as a stand-alone service and makes all payments,Axon will provide the Agency with a new Axon body worn camera (Body Worn Upgrade Model) 3 years after the TAP Term begins. If the Agency purchases 5 years of Evidence.com Unlimited Licenses, OSP, or TAP as a stand-alone service and makes all payments, Axon will provide the Agency with a Body Worn Upgrade Model 2.5 years after the TAP Term begins and once again 5 years after the TAP Term begins. 6.1. TAP as a stand-alone. If the Agency purchased TAP for Axon cameras as a stand-alone service, then Axon will upgrade the Axon camera (and controller if app(icable), free of charge,with a new on-officer video camera that is the same Product or a like Product, at Axon's sole option. Axon makes no guarantee that the Body Worn Upgrade Model will utilize the same accessories or Dock. If the Agency would like to change product models for the Body Worn Upgrade Model, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Body Worn Upgrade Model and the MSRP for the model that will be acquired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Body Worn Upgrade Model. 6.2. OSP or Unlimited TAP. If the Agency purchased an Unlimited License or OSP, then Axon will upgrade the Axon camera (and controller if applicable), free of charge, with a new on-officer video camera of the Agency's choice. 7 TAP Dock UpgraAe-Models. If the Agency purchased TAP for the Axon Docks, or if the Agency purchased OSP, Axon will upgrade the Dock free of charge, with a new Dock with the same number of bays that is the same product or a like product, at Axon's sole option (Dock Upgrade Model). If the Agency purchased 3 years of Dock TAP, Axon will provide the Dock Upgrade Model 3 years after the TAP term begins. If the Agency purchased 5 years of Dock TAP,Axon will provide the Dock Upgrade Model 2.5 years after the TAP Term begins and once again 5 years after the TAP Term begins. If the Agency would like to change product models for the Dock Upgrade Model or add additional bays, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Dock Upgrade Model and the MSRP for the model desired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Dock Upgrade Model. 8 TAP for CEW . TAP for CEWs is a 5 year term. If the Agency makes all TAP CEW payments, 5 years after the start of the TAP Term,Axon will provide the Agency with a new CEW that is the same Product or a like Product, in the same weapon class(CEW Upgrade Model), as well as a im.: Ya.,p 5—kn and Purchma"A0r«meat between A—and Ap.nry Page 16 of 1Z_424-7 Dap@rtm L• Sala.IGrrom.r Service V.r -: 4.0 R.I...O.%: Ul M0 battery. The Agency may elect to receive the CEW Upgrade Model anytime in the 5th year of the TAP term as long as the final payment has been made. If the Agency would like to change product models for the CEW Upgrade Model, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered CEW Upgrade Model and the MSRP for the model that will be acquired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered CEW Upgrade Model. To continue TAP coverage for the CEW Upgrade Model, the Agency must elect TAP and will be invoiced for the first year payment at the time the upgrade is processed. The TAP payment amount will be the rate then in effect for TAP. 9 TAP Termination. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments for the Evidence.com Services, then Axon may terminate TAP and all outstanding Product related TAPS. Axon will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason,then: 9.1. TAP coverage will 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 free upgrades. 9.3. The Agency will be invoiced for and are obligated to pay to Axon the MSRP then in effect for all Spare Products provided under TAP. If the Spare Products are returned within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product invoice. 9.4. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. The"Delta Logo,"the"Axon+Delta Logo,"Axon,Axon Commander,Axon Convert,Axon Detect,Axon Dock,Axon Five,Axon Forensic Suite,Axon Interview,Axon Mobile,Axon Signal Sidearm,Evidence.com,Evidence Sync,TASER,and TASER CAM are trademarks of Axon Enterprise,Inc.,some of which are registered in the US and other countries.For more information visit www.axon.com/leeal.All rights reserved.©2018 Axon Enterprise,Inc. Tidr. N=W S*M—end P—h..1 9 Ad,nm.nt b.w .Anon end Ag—v Page 17 of I424,R �P}'IRHnC S�IWCodan.l Sxrko v.nlon: �.0 fiNer OH: NR01i Axon Enterprise, Inc. Option I Basic + TAP -o►ecl Life. 4iAL 17800 N 85th St. Scottsdale,Arizona 85255 United States AXON Phone: (800)978-2737 Pax: Chris Dewey (707)463-6242 Quotation (707)462-6068 Quote: Q-133563-2 cdewey@cityofukiah.com Date: 1 1/1/2017 1 1:40 AM Quote Expiration: 12/31/2017 Contract Start Date*: 12/31/2017 Contract Term: 5 years AX Account Number. 184872 Bill To: Ship To: Ukiah Police Dept.-CA Chris Dewey 300 Seminary Avenue Ukiah Police Dept.-CA Ukiah,CA 95482 300 Seminary Avenue US Ukiah,CA 95482 US SALESPERSON PHONE EMAIL I DELIVERY,IIETHOD PAYNIENTMETHOD Tanner McCormick 480-905-2000 tmccormick(rivaxon.com I Fedex-Ground Net 30 *Note this Neill vary based on the shipment date of the product. Year 1 Due Net 30 QTY I I Ell 4 DESCRIPTION UNrr TOTAL BEFORE DISCOUNT(S) NET TOTAL PRICE DISCOUNT 40 74f.01 AXON CAMERA ASSEMBLY,ONLINE, USD 397.00 USD 15,960.00 USD 15,960.00 USD 0.00 AXON BODY 2,BLK 45 74021 MAGNET MOUNT,THICK OUTERWEAR, USD 0.00 USD 0.00 USD 0.00 USD 0.00 AXON RAPIDLOCK 45 11509 BELT CLIP,RAPIDLOCK USD 0.00 USD 0.00 USD 0.00 USD 0,00 40 11553 SYNC CABLE,USB A TO 2.5MM USD 0.00 USD 0.00 USD 0.00 USD 0.00 7 70033 WALL MOUNT BRACKET,ASSY, USD 35.00 USD 245.00 USD 0.00 USD 245.00 EVIDENCE.COM DOCK 7 74008 AXON DOCK,6 BAY+CORE,AXON USD USD 10,465.00 USD 0.00 USD 10,465.00 BODY 2 1,495.00 7 87026 TASER ASSURANCE PLAN DOCK 2 USD 216.00 USD 1,512.00 USD 0.00 USD 1,512.00 ANNUAL PAYMENT 35 80012 BASIC EVIDENCE.COM LICENSE:YEAR 1 USD 180.00 USD 6,300.00 USD 0.00 USD 6,300.00 PAYMENT 350 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 80022 PRO EVIDENCE.COM LICENSE:YEAR I USD 468.00 USD 2,808.00 USD 0.00 USD 2,808.00 PAYMENT l8 1 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 Page I. of 4 QTY I ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT(S) NET TOTAL PRICE DISCOUNT 40 85070 TASER ASSURANCE PLAN ANNUAL USD 204.00 USD 8,160.00 USD 0.00 USD 8,160.00 PAYMENT,BODYCAM 1 85144 AXON STARTER USD USD 2,500.00 USD 0.00 USD 2,500.d 2,500.00 4,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 3,000.00 USD 0.00 USD 3,000.00 Year 1 Total Before Discounts: USD 50,950.00 Year 1 Discount: USD 15,960.00 Year I Net Amount Due: USD 34,990.00 Year 2 QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT(S) NET TOTAL PRICE DISCOUNT 4,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 3,000.00 USD 0.00 USD 3,000.00 7 87026 TASER ASSURANCE PLAN DOCK 2 USD 216.00 USD 1,512.00 USD 0.00 USD 1,512.00 ANNUAL PAYMENT 35 80013 BASIC EVIDENCE.COM LICENSE:YEAR 2 USD 18 .00 USD 6,300.00 USD 0.00 USD 6,300.00 PAYMENT 350 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 6 90023 PRO FVIDFNCI-.COM LICENSE:,YEAR 2 USD 4(-.k 00 USD 2,808 00 USD 0.00 USD 2,808.00 PAYMENT 180 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 t;SD 0.00 USD 0.00 USD 0.00 10 85070 TASER ASSURANCE PLAN ANNUAL. LISD 204 00 USD 8,160.00 USD 0.00 US0 8,160,00 PAYMENT,BODYCAM Year 2 Total Before Discounts: USD 21,780.0(' Year 2 Net Amount Due: USD 21,780.00 )'car 3 QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT(S) NET TOTAL PRICE DISCOUNT 4,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 3,000.00 USD 0.00 USD 3,000.00 7 87026 TASER ASSURANCE PLAN DOCK 2 USD 216.00 USD 1,512.00 USD 0.00 USD 1,512.00 ANNUAL PAYMENT 35 80014 BASIC EVIDENCE.COM LICENSE:YEAR 3 USD 180.00 USD 6,300.00 USD 0.00 USD 6,300.00 PAYMENT 350 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 6 80024 PRO EVIDENCE.COM LICENSE:YEAR 3 USD 468.00 USD 2,808.00 USD 0.00 USD 2,808.00 PAYMENT 180 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 40 85070 TASER ASSURANCE PLAN ANNUAL USD 204.00 USD 8,160,00 USD 0.00 USD 8,160.00 PAYMENT,BODYCAM Year 3 Total Before Discounts: USD 21,780.00 Year 3 Net Amount Due: USD 21,780.00 Year 4 QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT(S) NET TOTAL PRICE DISCOUNT 4,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 3,000.00 USD 0.00 USD 3,000.06 Page 2 of 4 1 QTY ITEM q DESCRIPTION UNIT TOTAL BEFORE DISCOUNT(S) NET TOTAL PRICE DISCOUNT ' 7 87026 TASER ASSURANCE PLAN DOCK 2 USD 216.00 USD 1,512.00 USD 0.00 USD 1,512.00 ANNUAL PAYMENT i 80015 BASIC EVIDENCE.COM LICENSE:YEAR 4 USD 180.00 USD 6,300.00 USD 0.00 USD 6,300.00 PAYMENT 350 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 6 80025 PRO EVIDENCE.COM LICENSE:YEAR 4 USD 468.00 USD 2,808.00 USD 0.00 USD 2,808,00 PAYMENT 180 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 40 [85070 TASER ASSURANCE PLAN ANNUAL USD 204.00 USD 8,160.O0 USD 0.00 USD 8,160.00 PAYMENT,BODYCAM Year 4 Total Before Discounts: USD 21,780.00 Year 4 Net Amount Due: USD 21,780.00 Year 5 QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT(S) NET TOTAL PRICE DISCOUNT 4,000 95035 EVIDENCE.COM STORAGE USD 0.75 USD 3,000,00 USD 0.00 USD 3,000.00 7 87026 TASER ASSURANCE PLAN DOCK 2 USD 216.00 USD 1,512.00 USD 0.00 USD 1,512.00 ANNUAL PAYMENT 35 80016 BASIC EVIDENCE.COM LICFNSIi:YI7AR 5 USD 180.00 USD 6,300.00 USD 0.00 USD 6,300.00 PAYMENT 350 85110 FVIDENCE.CO,M INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 6 80026 PRO EVIDFNCE.COM LICENSE:YEAR 5 USD 468.00 USD 2,808.00 USD 0.00 USD 2,808.00 PAYMENT 30 85!10 EVIDFNCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USI)0.00 40 85070 TASER ASSURANCE PLAN ANNUAL USD 204.00 USD 8,160.00 USD 0.00 USD 8,160.00 PAYMENT,BODYCAM Year 5 Total Before Discounts: USD 21,780,00 Year 5 Net Amount Due: USD 21,780.00 Group6 QTY ITEM 4 DESCRIPTION UNIT TOTAL BEFORE DISCOUNT(S) NETTOTAL PRICE DISCOUNT 3 74001 AXON CAMERA ASSEMBLY,ONLINE, USD 0.00 USD 0.00 USD 0.00 USD 0.00 AXON BODY 2,BLK 3 11553 SYNC CABLE,USB A TO 2.5MM USD 0.00 1 USD 0.00 USD 0.00 USD 0.00 Group6 Total Before Discounts: USD 0.00 Group6 Net Amount Due: USD 0.00 Subtotal USD 122,110.00 Estimated Shipping&Handling Cost USD 139.23 Estimated Tax USD 8,761.11 Grand Total USD 131,010.34 Hard rare Shipping Estimate pically,hardware shipment occurs between 4--6 weeks after purchase date.Product availability for new or high demand products may impact delivery time. Page 3 of Axon Enterprise, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote,you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and Axon's Master Services and Purchasing Agreement posted at https:i/wtvwUgA.com/le allsales-terms-and-conditions.You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity,such as the company,municipality,or government agency you work for,you represent to Axon that you have legal authority to bind that entity.If you do not have this authority,do not sign this Quote. Signature: f Date: Name(Print): &7 ac"U Title: PO#(if needed): � ' 17182-2 Quote:Q-133563-2 Please sign and email to Tanner McCormick at tmeconnick@axon.com or fax to I THANK YOU FOR YOUR BUSINESS! `Protect Life"C-and TASER®arc registered trademarks of Axon Enterprise,Inc,registered in the U.S. ®2013 Axon Enterprise,Inc.All rights reserved. Page 4 of 4