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Res No 008-20-15548RESOLUTION NO. 008-20-1 5448 A resolution authorizing the City Manager to enter into a 5 year contract with Axon to provide electronic control devices, body worn cameras and drones with support services for the Police Department WHEREAS, the Mayor and City Commission wish to enter into a new 5 year contract with Axon to provide electronic control devices (ECD), body worn cameras and drones, and WHEREAS, this new contract/agreement will replace the current agreement with Taser (Axon) for body worn cameras which is set to expire in 2021; and WHEREAS, this new agreement will provide and continue to provide the latest technologies available in ECD's, body cameras and drones; and WHEREAS, this agreement will also extend the use of Evidence.com which currently maintains all related evidence as related to body cameras and ECD deployments; and WHEREAS, by entering into this agreement the Police Department will be able to finish creating its drone program for deployment during critical incidents and provide storage medium utilizing Evidence.com for all evidence gathered; and WHEREAS, this program provides guarantees for replacement of spare parts, replacing broken equipment and training equipment; and WHEREAS, the City of South Miami would like to enter into a multi -year agreement with Axon who provides these services as a sole source supplier; and WHEREAS, the City of South Miami through this agreement will be provided electronic control devices, body worn cameras and drones through Axon; and WHEREAS, the Police Department has researched many other options based on cost, effectiveness, ease of use and already familiar equipment and provides real life and virtual training options; and WHEREAS, the total cost of this product and services in the first year will be; $106,22.20, the purchase and services will be charged to the following accounts, $30,000 to account 608-1910-521-5210, State Forfeiture Account, $35,000 to account 615-1910-521-3450 Federal Forfeiture Contractual, $18,319 to account 615-1910-521-5205 Computer Equipment and $22,901.20 to account 615-1910-521-6440 Federal Forfeiture Vehicles. The remaining 4 years of the contract of $87,210 per year will be divided between currently annual budgeted amount of $39,432 account 001-1910-521-3450 and the remainder of the $47,778 will be paid from 615-1910-521-3450 with a possible additional $9000 per year being charged to aforementioned forfeiture account for live services after a 3 month trial period. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The recitals set forth herein above are adopted by reference and adopted as a part of this resolution. Section 2: The City Manager is authorized to purchase these products and services from Axon utilizing 2019-2020 budget and enter into a multiyear agreement for maintenance and technical support. Page 1 of 2 Resolution No.008-20-15448 Section 3. Severability: If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 4: This resolution shall take effect immediately upon approval. PASSED AND APPROVED this 7th day of Ianua , 2020. ATTEST: 0�.r CITY ERK l • t/ a WI Ryd READ AND APPROVED AS TO PRM, LANGUAGE, L GAL TY AND/ COMMISSION VOTE: Mayor Stoddard: EXECUTION EREOF i Vice Mayor Harris: i { Commissioner Liebman: Commissioner Gil: i/ Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea Page 2 of 2 Agenda item No:10. City Commission Agenda Item Report Meeting Date: January 7, 2020 Submitted by: John Barzola Submitting Department: Police Department Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and enter into a 5-year contract with Axon to provide electronic control devices, body worn cameras and drones with support services for the Police Department. 3/5 (City Manager -Police Dept.) Suggested Action: Attachments: Axon 2020-2025 Memo from CM.docx Axon 2020-2025 Resolution Numbers.docx Q-234744-43810.730EM 5 percent discount.pdf Product Card - AB2 vs AB3 Comparison.PDF Product Card - Axon Body 3.PDF Product Card - TASER 7.PDF Program Card - Axon Air .pdf Sole Source - Axon Camera ENG.PDF Axon 5 year agreement 2016.pdf MDBR Ad.pdf MH ad. pdf CITY OF SOUTH MIAMI SoutTe�iami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM TO: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager DATE: December 17, 2019 SUBJECT: A Resolution authorizing the City Manager to enter into a 5 year contract with Axon to provide electronic control devices, body worn cameras and drones with support services for the Police Department. BACKGROUND: The Police Department currently has a contract with Axon (formerly Taser) for its body worn cameras which is set to expire in 2021. The current contract provides replacement body worn cameras and unlimited storage via evidence.com which includes records management software. The Department was looking to replace its current models of electronic control devices (commonly referred to as Taser's) which some have been in service as long as 12 years and are no longer supported for repairs. Axon currently provides its newest Taser 7 which provides several new functions and some of the latest technology available in electronic control devices. The Taser 7 works in conjunction with the new Axon Body 3 body worn camera. Once a Taser 7 device is activated it automatically turns on all Axon Body 3 cameras within a 30 foot area. The camera also features a shot spotter system which causes the camera to automatically begin recording if it detects gunfire in the officer's immediate area and he is not recording. These two devices provide greater accountability, officer safety and video evidence utilizing new technology. The Police Department was also researching a new drone program to provide evidence recordings, subject apprehension, surveillance capabilities, crowd monitoring and many other possibilities. 3 Police Department personnel have completed unmanned aerial vehicle course sponsored in part by the FAA to prepare sworn personnel for their pilots test and license. Axon offers drones with search light, infrared, loud speaker and recording capabilities from DA one of the leading commercial drone manufactures. Axon has integrated its drone system to interact with its evidence.com system to provide evidence retention and records management. 2 CITY OF SOUTH MIAMI 0 South Miami OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING The new contract will replace the current contract which only covers current body worn cameras and provide the Police Department with the best and newest technology available in electronic control devices and drones, with one central repository for all data storage. The new cameras also come with a live stream option which allows supervisors to monitor officers during citizen encounters and/or receive direct alerts and live stream view if the shot spotter system is activated. This option will be on a trial basis for 3 months for evaluation and if this option is chosen will cost an additional $9000/ a year. Amount: $106,220.20 for first year with a possible additional $6750 if the live stream option is added. Total cost over 5 years of $455,060.20 with a possible additional $42,750 over the 5 years if the live stream option is chosen. Account: The total cost of this product and services in the first year will be; $106,220.20, the purchase and services will be charged to the following accounts, $30,000 to account 608-1910-521-5210, State Forfeiture Account, $35,000 to account 615-1910-521-3450 Federal Forfeiture Contractual, $18,319 to account 615-1910-521-5205 Computer Equipment and $22,901.20 to account 615-1910-521-6440 Federal Forfeiture Vehicles. The remaining 4 years of the contract of $87,210 will be divided between currently annual budgeted amount of $39,432 account 001-1910-521-3450 and the remainder of the $47,778 will be paid from 615-1910-521-3450 with a possible additional $9000 per year being charged to aforementioned forfeiture account for live services after a 3 month trial period. ATTACHMENTS: Resolution Axon 5 year Agreement Product Cards Sole Source Letter Previous Agreement 2016 3 441ax., Axon Enterprise, Inc. 17800 N 85th Sl. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 SHIP TO John Barzola South Miami Police Dept. -FL 6130 SW. 72ND ST. South Miami, FL 33143 US Year 1 - OSP 7 Item Description BILL TO South Miami Police Dept. -FL 6130 Sunset Or South Mlaml, FL 33143 US Axon Plana 6 Packages . ! 020140 1 TASER 7 DUTY CARTRIDGE REPLENISHMENT PROGRAM 085114 .,EVIDENCE.COM INCLUDED STORAGE (GB)_5 YEAR CONTRACT ()20141 -TASER 7 EVIDENCE.COM LICENSE ( )73420 -AXON RECORDS LICENSE: 5 YEAR Hardware q-234744.43810. 30EM No Quote Expiration: 12131/2019 Payment Temrs: Net 30 Delivery MethodFedex - Ground SALES REPRESENTATIVE Evan Maclnrym Phone: Email: emacinlyre@axon.com Fax. PRIMARY CONTACT John Barzola Phone: (305) 663-6301 Email: jhaaola@soulhmiami0.gov quantity List Unit Price Net Unit Price 45 _ _ 0.00 0.00 1.800 -- 0.00 0.00 45 - 0.00 0.00 45- 0.00 -^ 0.00 .TASER 7 HANDLE. HIGH VISIBILITY (GREEN U20008 LASER), CLASS 3R '� 45 0.00 - 020040 - TASER 7 HANDLE WARRANTY, 4-YEAR 45 - 0.00 020012.- TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 90 0.00 - DEGREE) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) - 80 _. 0.00 020012 - TABER 7 LIVE CARTRIDGE. STANDOFF (3.5- DEGREE) -- 90 - 0.00 ()20013 _,TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 90 - 0.00 (12-DEGREE) - 1J20014 .TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 _ 90 0.00 43 20D16 -TASER 7 HOOK -AND -LOOP TRAINING (HALT) 80 _ 0.00 CARTRIDGE, CLOSE QUART 0 -13303 5 YEAR OFFICER SAFETY PLAN 7 AB3 CAMERA 'tS U 0.00 c1 I utC1 C'YCi - - L - C/ - il Oug-vAdIW, Mount n r A 1 112347".4 810�730EM r) 1( Total (USD) 0.00 - 0.00 -- 0.00- 0.00- 000 0.00.-- 0.00 0.00- 0.00 0.00--- 0.00 0.00- C 00 0.00- I 0.001 0.00 0.00 0.00 - D.00 0.00 r 0.00 0.00 Year 1 - OSP 7 (Contlnued) Item Description Quantity LIst Unit Pric20018 Net Unit Price Total (USD) --TASER 7 BATTERY PACK, TACTICAL 54 - 0.00 0.00 0.00 '._- C)20041- TASER 7 BATTERY PACK WARRANTY, 4-YEAR -- 54 , 0.00 -- 0.00 O.C(LI 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 41 �- 0.00 -� 0.00' 0.00 TASER 7 HOLSTE5,.,SAFARILAND, LH+CART r}20161.,- 4 - 0.00 0.00 0.00-_ CARRIER a74210 - AXON BODY 3 - 8 BAY DOCK 6 '`- 1,495.00 '-- 1,420.25 ` 8,521.50•..- 70033f-- WALL MOUNT BRACKET, ASSY, EVIDENCE.COM 6 ...- 42.00 �- 39.90 239.40 DOCK '� 55 YEAR OFFICER SAFETY PLAN 7 AB3 DOCK 8 073304 .,_ 6 0.00- 0.DO 0.00-r 74200 TASER 7 6-BAY DOCK AND CORE 0.00 0.00 0.00 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM V0033 1 - 0.00 - 0.001 DOCK I 0.00- t) 20042 TASER 7 DOCK & CORE WARRANTY, 4-YEAR �- 1 • -- 0.00 0.00 0.00 C)20050 --- HOOK -AND -LOOP TRAINING (HALT) SUIT - 1 0.00-- 0.001 0.00- TASER 7 INERT CARTRIDGE, STANDOFF (3.5- �20016,r DEGREE) 15 .r 0.00 --- 0.00 0.00 ()M17 _ TASER 71NERT CARTRIDGE, CLOSE QUARTERS 15 0.00 - - 0.00 O.00r- (12-DEGREE) C) 73202- - AXON BODY 3 - NA10 5 - 699.00 - 664.05 3,320.25 - ()74028 WING CLIP MOUNT, AXON RAPIDLOCK 5 0.00 -- 0.00 0.00 - 011508 MOLLE MOUNT, DOUBLE, AXON RAPIDLOCK oe� --0.00 '- 0.00 0.00 011534 USB-C to USB-A CABLE FOR A83 OR FLEX 2 -- 5 0.00 - 0.00' 0.00 -- 73450 -- OFFICER SAFETY PLAN 7 45 0.00 0.00 0.00 `-' 0)73460 1YVVIIDR NCE.COM UNLIMITED PLUS DOCK TAP: 5 45 --- 0.00 --" r O.00I 0.00� V73652 "'-AWARE AN SERVICE LINE: 5 YEAR 45 0.00 0.00 0.00 -- (}71019..- NORTH AMER POWER CORD FOR AB3 8-BAY, 6 A821-BAY / 6-BAY DOCK --r ____ 0.00 --- 0.00 0.00 --� + TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL C80087 - 1 '"` 0.00 -r 0.00 (RUGGEDIZED) .W- 0.00 AXON DEVELOPED OCULUS TRAINING CONTENT 6 20147ACCESS r 1 - 0.00- 0.00' 0.00 20135 ... OCULUS GO STANDALONE VIRTUAL REALITY 1 .� HEADSET 0.00 0.00 0.00 -r Ci20146 TASER 7 ONLINE TRAINING CONTENT ACCESS 45 0.00 0.00' 0.00 --�_ ()20120 -TASER 7 INSTRUCTOR COURSE VOUCHER � 1 -- 0,00 -- 0.00 0.00- LL 3 dcc K_-v cvy�r I Q-234744.43810.730E M 3 Year 1 - OSP 7 (Continued) Item Description I� 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER ©73452 r OFFICER SAFETY PLAN 7 ANNUAL PAYMENT TAP Refresh Contract #00006673 Item Description Hein�tdraro Cj73202 AXON BODY 3 - NA10 J)74028 --SWING CLIP MOUNT, AXON RAPIDLOCK C)11508 MOLLE MOUNT, DOUBLE, AXON RAPIDLOCK -- f)11534 "USS-C to USB-A CABLE FOR A/83 OR FLEX 2 Year 1 - CEW Trade-in Debit Item Description Other 1320106 TASER 7 TRADE-IN TASER 60 BASIC e)20150 TASER 7 TRADE-IN CARTRIDGE Year 1 - T7 Certification Item Description Axon Plans & Packages 20140' TASER 7 DUTY CAR, TRIDGE REPLENISHMENT PROGRAM P)20141 ,TASER 7 EVIDENCE.COM LICENSE C) 20141 TASER 7 EVIDENCE.COM LICENSE Hairdwar• 20008 V TASER 7 HANDLE, HIGH VISIBILITY (GREEN V LASER), CLASS 3R 20040 -TASER 7 HANDLE WARRANTY, 4-YEAR �- ()20042 ..-TASER 7 DOCK & CORE WARRANTY, 4-YEAR C1l ' Quantity 1 45 -- Quantity List Unit Net Unit Price Total (USD) Price 0.00 "'r' 0.00 1.788.001,447.93 65,156.85 -- Subtotal 77,238.00 Estimated Shipping 0.00 Estimated Taxl 0.00 Total 77.238.00 List Unit Net Unit Price Total (U$D) Price 40 -- 699.00 0.00 40 0.00 0.00 40 - 0.00 -- 0.00 40 -- 0.00 0.00 Subtotali Estimated Tax Total List Unit Quantity Net Unit Price Price 10 `-- 0.00 717.62 10 0.00 0.00 Subtotal Estimated Tax Total 0.0 - 0.00 0.00- 0.00-- 0.00 0.00 0.00 Total (USD) 7,176.20 0.00 ...r 7,176.20 0.00 7,176.20 Quantity List Unit Net Unit Price Total (USD) Price 12--- 0.00- 0.00:; 0.00-r- 12 ---- 0.00 0.00 0.0Q_ 2 --- 0.00 ,-- 0.00 0.00 -�- 12 0.00 -- 0.00 0.00--- 12 - 0.00 ---- 0.00 0.00-11 1 0.00 0 0.00 0.00 -� _ 1 C` Q-2347"-43810.730EM 4 Year 1 - T7 Certification (Continued) Item Description Quantity List Unit Price Net Unit Price Total (USD) ©20012 ,.� TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) 24 0.00 0.00 ! 0.00 'r 020013.._ TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 24- 0.00 0.00 0.00 (12-DEGREE) ..�- TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- (j20012 24 -- 0.00 0.00 i 0.00 '-DEGREE) � 20013 �. TASER 7 LIVE CARTRIDGE. CLOSE QUARTERS 24 - 0.00 'r- 0.00 0.00 (12-DEGREE) TASER 7 HOOK -AND -LOOP TRAINING (HALT) �} 20014 24 --- 0.00 "'' 0.00 j 0.00 �- CARTRIDGE, STANDOFF (3 -r 020015 •'.. TASER 7 HOOK -AND -LOOP TRAINING (HALT) 24 0.00 ...-- 0.00 0.00---- CARTRIDGE, CLOSE QUART (� 20018 TASER 7 BATTERY PACK, TACTICAL 14 -- 0.00 0.00 0.00 - 20041 TASER 7 BATTERY PACK WARRANTY, 4-YEAR 14 0.00 0.00 0.00-- TASER 7 HOLSTER - SAFARILAND, RH+CART C)20160 '- CARRIER r 12-- 0.0a- 0.001 0.00 - 0016 .- TASER 7 INERT CARTRIDGE, STANDOFF (3.5- DEGREE) 2 ---- 0.00 0.00 0.00 --- ._. TASER 7 INERT CARTRIDGE, CLOSE QUARTERS C) 20D17 2 0.00 0.00 i 0.00 .--- (12-DEGREE) other. D20144 �-TASER 7 CERTIFICATION PLAN 12 --- 0.00 0.00 0.00 --- (20146 --TASER 7 ONLINE TRAINING CONTENT ACCESS 12 -- 0.00 --- 0.00 j 0.00 - f)20088 •.- TASER 7 CERTIFICATION PLAN YEAR 1 PAYMENT - 12 - 720.00 684.00 8,208.OJL- Subtota1 I 8,208.00 Estimated Tax 0.00 Total I 8,208.00 Spares Item Description Quantity Har�dwaro 73303-- 5 YEAR OFFICER SAFETY PLAN 7 A83 CAMERA - 1 Q-234744-43810.730EM 5 List Unit Net Unit Price Total (USD) Price - 0.00 --- 0.001 0.00„ -' Subtotal 0.00 Estimated Tax ( 0.00 Total 0.00 Year 1 -Drones Item Description Axon Plans 9 Packages 12332 -- AXON AIR, EVIDENCE.COM ADD -ON LICENSE: 5 YEAR 02333 AXON AIR, EVIDENCE.COM ADD -ON ANNUAL PAYMENT Hardware j%12312 " AXON AIR, MAVIC 2 ENTERPRISE (IFB) BATTERY CJ 12302 AXON AIR, MAVIC 2 PART 10 BATTERY CHARGING HUB 012305 - AXON AIR, MAVIC 2 PART 11 CAR CHARGER Other 012303 - AXON AIR, MAVIC 2 PART 13 LOW -NOISE PROPELLER (PAIR) e)12316 AXON AIR, MAVIC 2 ENTERPRISE DUAL Year 2 - OSP 7 Item Description Hardware '© 20012'`" TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) �} 20013� TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) 1 020014 TASER 7 HOOK -AND -LOOP TRAINING (HALT) -CARTRIDGE, STANDOFF (3 020015 '-TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART Other it) 20120 -- TASER 7 INSTRUCTOR COURSE VOUCHER '�-- V 20119-TASER7 MASTER INSTRUCTOR SCHOOL VOUCHER 73462 -OFFICER SAFETY PLAN 7 ANNUAL PAYMENT Quantity List Unit Net Unit Price Total (USD) Price 3 000 -! 000 0,00 �- 3 900.00 - 855.00 2,565.00 `--- 3 1 B9.00 - 189.00 567.00- 1 '- 89.00 - 89.00 89.00- 3 79.00 79.00 237,00, 6 15.00 _ 15,00 90.00 - 3 - 3,350.00- 3,350.00 10,050.00- Subtotal1 13,598.00 Estimated Tax 0.00 Total': 13,598.00 Quantity Li9t Unit Net Unit Price Total (USD) Price 9D - 0.00 - 0.001 0.00 - 90 - 0.00 0.00 0.00- 90 - 0,00 - 0.001 0.00-- 90 - 0.00 -- 0.00 0.00- 1 0.00 0.001 0.00 - 1 0.00 - 0.00 0.00- 45 1,788.00 - 1,698.60 76,437.00 - Subtotal 76 437.00 Estimated Tax. 0.00 Total 76.437.00 Q-2347"-43810.730EM 8 Year 2 - T7 Certification Item Description Quantity List Unit Net Unit Price Total (USE)) Price Hardware 020012 'TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 24 -- 0.00 — a00 0.00 DEGREE) (! 20013 _TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 24 — 0.00 0.00 0.00 (12-DEGREE) O 20014 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 24 — 0.00 0.00 0.00 — CARTRIDGE, STANDOFF (3 -- 20015 --TASER 7 HOOK -AND -LOOP TRAINING (HALT) 24 0.00 0.00 0.00— CARTRIDGE, CLOSE QUART �- Other D 20089 — TASER 7 CERTIFICATION PLAN YEAR 2 PAYMENT — 12 — 720.00 — 684.00 8,206.00— Subtotal! 8.208.00 Estimated Tax 0.00 Total' 8.208.00 Year 2 - Drones Item Description Quantity List Unit Net Unit Price Total(USD) Price Axon Plant & Packages - .. p 12333 — AXON AIR, EVIDENCE.COM ADD -ON ANNUAL 3— 900.00 855.00I 2,565.00, PAYMENT Subtotal 2,565.00 Estimated Taxi 0.00 Total 2,565.00 Year 3 - OSP 7 Item Description Hardware ()73311 B-BAY DOCK AXON BODY CAMERA REFRESH 'ONE () 20012 TASER 7 LIVE CARTRIDGE. STANDOFF (3.5- DEGREE) 0 20013— TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) V 20014— TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 — 20015 , TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART Quantity Llsl Unll Net Unit Price Total (USO) Price 6 ---- 0.00 — 0.00 0.09� 90 0.00 '-'— 0.00 O.GO- 90 0.00 0.00 0.00 , 90 _ 0.00 0.00I 0.00 — 90 0.00 — 0.00 0.00- 0-23474443610.730EM 7 Year 3 - OSP 7 (Continued) Item Description Other d 73309 '—AXON BODY CAMERA REFRESH ONE —� ,/(J 20120 .— TASER 7 INSTRUCTOR COURSE VOUCHER — V 20118✓ TASER7 MASTER INSTRUCTOR SCHOOL VOUCHER ()73452 OFFICER SAFETY PLAN 7 ANNUAL PAYMENT Year 3 -T7 Certification Quantity List Unit Price Not Unit Price Total (USD) 45 — 0.00 0.00 1 "— 0.00 — 0.00 1 0.00 -- 0.001 �-- 45 — 1,788.00 1.698.60 Subtotal Estimated Tax Total 0.0D� 0.00 , 0.00 •- 76,437.00--� 76,437.00 0.00 76,437.00 Item Description Quantity List Unit Net Unit Price Total (USD) Price Hat'dYe/fa - TASER 7 LIVE CARTRIDGE STANDOFF (3.5- 20012-- DEGREE) 1 24 — 0.00 — 0.00 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS Q% 20013 (12-DEGREE) 24— 0.00 -- 0.00 v 20014 — TASER 7 HOOK -AND -LOOP TRAINING (HALT) 24 '" 0.00 �— 0.00 CARTRIDGE, STANDOFF (3 i 020015— TASER 7 HQOK-AND-LOOP TRAINING (HALT) CARTRIDGE. CLOSE QUART '— 24 _ 0.00 -- 0.00 Other C120090 TASER 7 CERTIFICATION PLAN YEAR 3 PAYMENT — 12 — 720.00 '— 684.001 Subtotal Estimated Tax Total Year 3 - Drones Item Description Axon Plans i Packages 12333 .,AXON AIR, EVIDENCE.COM ADD -ON ANNUAL PAYMENT — 0.00 0.09- 0.00 —0.00- 8,208.00- 8,208.00 0.00 8,208.00 Quantity List Unit Net Unit Price Total (USD) Price 3 — 900.00 — 855.00 2,565.00 — Subtotal', 2,565.00 Estimated Tax 0.00 TOtall 2,565.00 Q-23474443610.730EM a Year 4 . CISP 7 Item Description Quantity Llst Unit Price Net Unit Price Total (USD) Hardware TASER 7 LIVE CARTRIDGE. STANDOFF (3.5- (�20012 DEGREE) 90 — 0.00 — 0,00 0,00 -- .�TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 20D13 90 — 0.00 0.00 0.09— (12•DEGREE) TASER 7 HOOK -AND -LOOP TRAINING (HALT) p 20014 90 —' 0.00 '— O.00;i O.OD� CARTRIDGE, STANDOFF (3 TASER 7 HOOK -AND -LOOP TRAINING (HALT) �U 20015 —CARTRIDGE, ` 90 '--" 0.00 0.00 0.00 , CLOSE QUART r 0 20120 ` TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.001 0.0D— _TASER 7 MASTER INSTRUCTOR SCHOOL C>� 20119 VOUCHER 1 1 0.00 0.00 0.00— ()73452 ._--OFFICER SAFETY PLAN 7 ANNUAL PAYMENT 45 — 1,788.00 — 1,698.601 76,437.00-- Subtotal 76.437.00 Estimated Taxi 0.00 Total 76,437.00 Year 4 - T7 Certification Item Description Hardware () 20012 — TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS �20013 �(12-DEGREE) — U 20014 `--TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 Q 20015 __.TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART Dither . 0 20091 TASER 7 CERTIFICATION PLAN YEAR 4 PAYMENT _- Quantity List Unit Not Unit Price Total (USD) Price 24 0.00 0.00 0.00 24 -- 0.00 0.00 0.00- 24 — 0.00 0.00 0.00.- 24 — 0.00 ,— 0.00 0.00 12 720.00 684.00 8.208.00-- Subtolall 8,208.00 Estimated Tax 0.00 Total l 8.208.00 Q-234744-43810.730E M 9 Year 4 - Drones Item Description Axon Plane 6 Packages C)12333 -AXON AIR, EVIDENCE.COM ADD -ON ANNUAL PAYMENT ' Year 5 - OSP 7 Item Description Hardware U 7331r- 8-SAY DOCK AXON BODY CAMERA REFRESH TWO - () 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) 020013 - TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS ,^,� (12-DEGREE) 020014 _YASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 U 20015 .+TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART OIMr q)73310- AXON BODY CAMERA REFRESH TWO G 20120 TASER 7INSTRUCTOR COURSE VOUCHER 20119 -TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER U 73452 --- OFFICER SAFETY PLAN 7 ANNUAL PAYMENT Year 5 - T7 Certification Item Description Hardware V 20012TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) 020013 -TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) Quantity List Unit Net Unit Price Total (USD) Price 900.00 - 855.02 565.00 Subtotal 2,565.00 Estmated Tax I 0.00 Total 2.565.00 List Unit Quantity Net Unit Price Total (USD) Price 6 - 0.00 .._ 0.00 0.00- 90 - 0.00 - 0.00 0.00- 90 - 0.00 0.00 0.00 _ 90 0.00 -- 0.00 0.00 90 _ 0.00 0.00 0.00 ..� 45 -- 0.00 - 0.001 0.00 1 - 0.00 -- 0.00 0.00- 1 - 0.00 0.00 0.00--- 46- 1.78800'- 1,698.60 76,437.00-- Subtotal 76.437.00 Estimated Tax 0,00 Total I 76,437.00 Quantity List Unit Net Unit Price Total (USD) Price 24 - 0.00 - 0 00 0.00 24 - 0.00 - 0.00 0.00-- Q-234744-43810.730E M 10 Year 5 - T7 Certification (Continued) Item- Description Quantity List Unit Net Un1tRNca Total (USD) Price Hardware (Continued) TASER 7 HOOK -AND -LOOP TRAINING (HALT) Q 20014 CARTRIDGE, STANDOFF (3 24 0.00 - - - 0.00 Q 20015 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 24 ._ 0.00 --- 000, CARTRIDGE. CLOSE QUART Other O 20092 —TASER 7 CERTIFICATION PLAN YEAR 5 PAYMENT — 12 720.00 664.00 Subtotal Estimated Tax Total Year 5 - Drones hem Description Axon Plans & Packages 4 12333 . AXON AIR, EVIDENCE.COM ADD -ON ANNUAL PAYMENT — Quantity ListUnit Price Price Net Unit Price 3 900.00 855.00 Subtotal Estimated Tax Total Q-M744-9B11a.rBBEM 11 Grand Total l 0.00- 0.00 _ 8,208.00 — 8,208.00 0.00 6,208.00 Total (UBD) 2,565.00 2,565.00 0.00 2,665.00 458.060.20 ; J�Lj I LQ1 1"t A& AXON Discounts (USD) Quote Expira0on: 12/3112019 List Amount 510,710.00 Discounts 55,649.80 Total 455,080.20 'Total excludes applicable taxes Summary of Payments Payment Amount (USD) Year 1 - OSP 7 77.238.00 TAP Refresh Contract #00006673 0.00 Year 1 - CEW Trade -In Debit 7,176.20 Year 1 - T7 Certification 8,208.00 Spares 0.00 Year 1 - Drones 13,598.00 Year 2 - OSP 7 76,437.00 Year 2 - T7 Certification 8,208.00 Year 2 - Drones 2,565.00 Year 3 - OSP 7 76,437.00 Q-234744-43810.730EM 12 As,AXON Summary of Payments (Continued) Payment Amount (USD) Year 3 - T7 Certification 8,208.00 Year 3 - Drones 2,565.00 Year 4 - OSP 7 76,437.00 Year 4 - T7 Certification 8,208.00 Year 4 - Drones 2,565.00 Year 5 - OSP 7 76,437.00 Year 5 - T7 Certification 8.208.00 Year 5 - Drones 2,565.00 Grand Total 455,060.20 0-234744d3810.730EM 13 NOW Agency has existing contract 11100006673(origmeted we 044295) and le 1w,nineting that contract upon the new Ycense elan dale (WISJ2020) of tt is quote. The parties agree that Axon Is granting a refund of $9.858 00(aPPI" to Year N I10en3061 to refund polo. M undelivemd services. Tres discount is based on a &No data range of I/16/2020.IW12020. resulting In a 7JI512020 license dale. Any mange In this dale and mulling license titan date will result in modifcallon of this discount value which may result In additional fees due to or from Axon. 100%discounted hody-loom camera and rocking station hardware contained in Yon, 1 MOMS a TAP replacement for hardware Purchased under existing convect N00006673. All TAP obligations from this contract Will be oonsi6or)d fulhged upon execution of this quote. This mfreshed hardware will be WV*md under the Technology Assurance Plan (TAP) and will be eligible for 2 milloCOMMIS. Tlus will take pace at the 30 and 60 month marks of this new contract. The Parties allies, that Axon is charging a dell of $7.176.25 (applied to Yew 1 - Tro le -In Debt) to rarsure the mmmnmg value owed from previously dgNoyed CEW hardware This deba is based on a Shp dote mnge of 1018r2020.1(3112020, resulting in a 2/1512020 maned Start dole. Any change In this amp data ant resulting correct elan dale will result in Modification of this cellars value whcb may Mutual in additional lees due to a Imm Axon. Purchase of TASER 7 am governed by the TASER 7Agreement located at hops:/A w .axon,WMA*gal/salsa.terms-and6conddlon5 and not the Master services and PumAasing Agreement referenced below. Tax is wbjed to change at order processing with valid exemption. Axon's Sales Teens and Conditions This Quote is limited to and condllional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at Mgw_slxon.comfega0sales-teens-and- - ndilionsl, as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. Any purchase order Issued in response to this Quote Is subject solely to the above referenced terms and conditions. By signing below. you represent that you are lawfully able to enter into comrects. If you are signing on behalf of an entty (Including but not limited to the company, municipality, or government agency for whom you work). you represent to Aaron that you have legal authority to bind that entity. If you do not have this authority. please do n igRThis Quote. Signature: �Date: 12- —// •/,�7 Name (Print).!G XA-41-1 ,J III .y- Title: PO# (Or write N)AI: Please sign and ema6 to Evan Maclntyre at emacintyre®axon.com or fax to Thank you for being a valued Axon customer. For your convenience on your next order, please check out our ordine store buv.axon.com 'Protect Ufe'm and TASER® are registered trademarks of Axon Enterprise, Inc, registered in the U.S. ® 2013 Axon Enterprise, Inc. All rights reserved. (v �o�oe�F �`SC•D1, VP '"Axon Infernal Uii SFDC CordraU#: Order Type: RMA#: Address Used: SO #: Revlr%v t Revlew 2 Comments: 0•234744-43810.738EM 14 444,16N6 AXON South, Miami Police Dept. -FL ATTENTION This order may qualify for freight shipping, please fill out the following information. What is the contact name and D '� �'�� phone number for this shipment? � _ V,1;1- 6773 What are your receiving hours? (Monday -Friday) Is a dock available for this NO Incoming shipment? Are there any delivery %ilXez" '06 t,2 oL� r restrictions? (no box trucks, etc.) Q-234744-43810.730EM 16 AXON SALES REPRESENTATIVE Evan Maclntyre emacintyre@axon.com ISSUED 12/11/2019 Q-234744-43810.730EM 1 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 SHIP TO John Barzola South Miami Police Dept. -FL 6130 SW. 72ND ST. South Miami, FL 33143 US BILL TO South Miami Police Dept. -FL 6130 Sunset Dr South Miami, FL 33143 US Q-234744-43810.730E M y Quote Expiration: 1213112019 Payment Terms: Net 30 Delivery Method: Fedex - Ground SALES REPRESENTATIVE Evan Maclntyre Phone: Email: emacintyre@axon.com Fax: PRIMARY CONTACT John Barzola Phone: (305) 663-6301 Email: lbarzola@southmiami8.gov Year 1 - OSP 7 It -m Description Quantity List Unit Net Unit Price Total (USD) Price Axon 'fans 8. Packages TASER 7 DUTY CARTRIDGE REPLENISHMENT 45 0.00 0.00 0.00 �� 140 PROGRAM EVIDENCE.COM INCLUDED STORAGE (GB)-5 1,800 0.00 0.00 0.00 85114 YEAR CONTRACT 20141 TASER 7 EVIDENCE.COM LICENSE 45 0.00 0.00 0.00 72420 AXON RECORDS LICENSE: 5YEAR 45 0.00 0.00 0.00 Hardware TASER 7 HANDLE, HIGH VISIBILITY (GREEN 45 0.00 0.00 0.00 20008 LASER), CLASS 3R 20040 TASER 7 HANDLE WARRANTY, 4-YEAR 45 0.00 0.00 0.00 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 80 0.00 0.00 0.00 20012 DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 90 0.00 0.00 0.00 20013 (12-DEGREE) TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 90 0.00 0.00 0.00 20012 DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 90 0.00 0.00 0.00 20013 (12-DEGREE) TASER 7 HOOK -AND -LOOP TRAINING (HALT) 90 0.00 0.00 0.00 20014 CARTRIDGE, STANDOFF (3 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 90 0.00 0.00 0.00 20015 CARTRIDGE, CLOSE QUART 73303 5 YEAR OFFICER SAFETY PLAN 7 AB3 CAMERA 45 0.00 0.00 0.00 Q-234744A3810.730EM 2 Year 1 - OSP 7 (Continued) Item Description Quantity List.Unit Net Unit Price Total (USD) Price Hardware (Continued) 20018 TASER 7 BATTERY PACK, TACTICAL 54 0.00 0.00 0.00 20041 TASER 7 BATTERY PACK WARRANTY, 4-YEAR 54 0.00 0.00 0.00 TASER 7 HOLSTER - SAFARILAND, RH+CART 20160 CARRIER 41 0.00 0.00 0.00 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 4 0.00 0.00 0.00 74210 AXON BODY 3 - 8 BAY DOCK 6 1,495.00 1,420.25 8,521.50 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM 70033 DOCK 6 42.00 39.90 239.40 73304 5 YEAR OFFICER SAFETY PLAN 7 AB3 DOCK 8 BAY 6 0.00 0.00 0.00 74200 TASER 7 6-BAY DOCK AND CORE 1 0.00 0.00 0.00 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM 70033 DOCK 1 0.00 0.00 0.00 20042 TASER 7 DOCK & CORE WARRANTY, 4-YEAR 1 0.00 0.00 0.00 20050 HOOK -AND -LOOP TRAINING (HALT) SUIT 1 0.00 0.00 0.00 TASER 7INERT CARTRIDGE, STANDOFF (3.5- 20016 DEGREE) 15 0.00 0.00 0.00 20017 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) 15 0.00 0.00 0.00 73202 AXON BODY 3 - NA70 5 699.00 664.05 3,320.25 74028 WING CLIP MOUNT, AXON RAPIDLOCK 5 0.00 0.00 0.00 11508 MOLLE MOUNT, DOUBLE, AXON RAPIDLOCK 55 0.00 0.00 0.00 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 5 0.00 0.00 0.00 Other 73450 OFFICER SAFETY PLAN 7 45 0.00 0.00'. 0.00 73460 YEAR NCE.COM UNLIMITED PLUS DOCK TAP: 5 45 0.00 0.00 0.00 73652 AWARE AN SERVICE LINE: 5 YEAR 45 0.00 0.00 0.00 NORTH AMER POWER CORD FOR AB3 8-BAY, 71019 AB2 1-BAY! 6-BAY DOCK 6 0.00 0.00 0.00 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL 80087 (RUGGEDIZED) 1 0.00 0.00 0.00 AXON DEVELOPED OCULUS TRAINING CONTENT 20147 ACCESS 1 0.00 0.00 0.00 OCULUS GO STANDALONE VIRTUAL REALITY 20135 HEADSET 1 0.00 0.00 0.00 20146 TASER 7 ONLINE TRAINING CONTENT ACCESS 45 0.00 0.00 0.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00 Q-234744-43810.730EM 3 Yea - 1 - OSP 7 (Continued) I am Description Quantity Lis[ Unit Net Unit Price Total (USD) Price Other Continued) s TASER 7 MASTER INSTRUCTOR SCHOOL 1 0.00 0.00 0.00 2M19 VOUCHER 73452 OFFICER SAFETY PLAN 7 ANNUAL PAYMENT 45 1,788.00 1,447.93 65,156.85 Subtotal 77,238.00 Estimated Shipping 0.00 Estimated Tax 0.00 Total 1 77,238.00 TAP Refresh Contract #00006673 Item Description Quantity ListUnit Net Unit Price Total (USD) Hardware 73202 AXON BODY 3 - NA10 40 699.00 0.00 0.00 74028 WING CLIP MOUNT, AXON RAPIDLOCK 40 0.00 0.00 0.00 1.508 MOLLE MOUNT, DOUBLE, AXON RAPIDLOCK 40 0.00 0.00 0.00 1' 534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 40 0.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 1 - CEW Trade -In Debit Item Description Quantity List Unit Net Unit Price Total (USD) Price Other 20106 TASER 7 TRADE-IN TASER 60 BASIC 10 0.00 717.62' 7, 176.20 20150 TASER 7 TRADE-IN CARTRIDGE 10 0.00 0.00 0.00 Subtotal 7,176.20 Estimated Tax 0.00 Total 7.176.20 Yea - 1 - T7 Certification Item Description Quantity List Unit Net Unit Price Total (USD) Price Axon Plans & Packages 20140 TASER 7 DUTY CARTRIDGE REPLENISHMENT 12 0.00 0.00 0.00 PROGRAM 20141 TASER 7 EVIDENCE.COM LICENSE 12 0.00 0.00 0.00 20141 TASER 7 EVIDENCE.COM LICENSE 2 0.00 0.00 0.00 Hardware 20008 TASER 7 HANDLE, HIGH VISIBILITY (GREEN 12 0.00 0.00 0.00 LASER), CLASS 3R c0040 TASER 7 HANDLE WARRANTY, 4-YEAR 12 0.00 0.00 0.00 20042 TASER 7 DOCK & CORE WARRANTY, 4-YEAR 1 0.00 0.00 0.00 Q-234744-43810.730EM 4 Year 1 - T7 Certification (Continued) Item Description Quantity List UnitPrice Net Unit Price Total (USD) Hardware (Continued) TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 20012 DEGREE) 24 0.00 0.00 0.00 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 20013 (12-DEGREE) 24 0.00 0.00 0.00 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) 24 0.00 0.00 0.00 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) 24 0.00 0.00 0.00 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20014 CARTRIDGE, STANDOFF (3 24 0.00 0.00 0.00 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20015 CARTRIDGE, CLOSE QUART 24 0.00 0.00 0.00 20018 TASER 7 BATTERY PACK, TACTICAL 14 0.00 0.00 0.00 20041 TASER 7 BATTERY PACK WARRANTY, 4-YEAR 14 0.00 0.00 0.00 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 12 0.00 0.00 0.00 TASER 7 INERT CARTRIDGE, STANDOFF (3.5- 20016 DEGREE) 2 0.00 0.00 0.00 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS 20017 (12-DEGREE) 2 0.00 0.00 0.00 Other 20144 TASER 7 CERTIFICATION PLAN 12 0.00 0.00 0.00 20146 TASER 7 ONLINE TRAINING CONTENT ACCESS 12 0.00 0.00 0.00 20088 TASER 7 CERTIFICATION PLAN YEAR 1 PAYMENT 12 720.00 684.00 8,208.00 Subtotal 8,208.00 Estimated Tax 0.00 Total 8,208.00 Spares Item Description Quantity List Unit Net Unit Price Total (USD) Price Hardware 73303 5 YEAR OFFICER SAFETY PLAN 7 AB3 CAMERA 1 0.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Q-234744-43810.730 EM 5 Year 1 -Drones Item Description Quantity List Unit Net Unit Price Total (USD) Price Axon Plans & Packages AXONAIR, EVIDENCE.COM ADD -ON LICENSE: 5 3 0.00 0.00 0.00 12332 YEAR 12333 AXON AIR, EVIDENCE.COM ADD -ON ANNUAL 3 900.00 855.00 2,565.00 PAYMENT Hardware 12312 AXON AIR, MAVIC 2 ENTERPRISE (IFB) BATTERY 3 189.00 189.00 567.00 12302 AXON AIR, MAVIC 2 PART 10 BATTERY 1 89.00 89.00 89.00 CHARGING HUB 305 AXON AIR, MAVIC 2 PART 11 CAR CHARGER 3 79.00 79.00 237.00 Other -: 303 AXON AIR, MAVIC 2 PART 13 LOW -NOISE 6 15.00 15.00 90.00 PROPELLER (PAIR) : 316 AXON AIR, MAVIC 2 ENTERPRISE DUAL 3 3,350.00 3,350.00 10,050.00 Subtotal 13,598.00 Estimated Tax 0.00 Total 13,598.00 Year 2 - OSP 7 Prem Description Quantity List Unit Net Unit Price Total (USD) Price Hardware 2DO12 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 90 0.00 0.00 0.00 DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 90 0.00 0.00 0.00 20013 (12-DEGREE) 20014 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 90 0.00 0.00 0.00 CARTRIDGE, STANDOFF (3 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 90 0.00 0.00 0.00 1015 CARTRIDGE, CLOSE QUART Oth e . ; 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00 20119 TASER 7 MASTER INSTRUCTOR SCHOOL 1 0.00 0.00 0.00 VOUCHER 73452 OFFICER SAFETY PLAN 7 ANNUAL PAYMENT 45 1,788.00 1,698.60 76,437.00 Subtotal 76,437.00 Estimated Tax 0.00 Total 76,437.00 Q •234744-43810.730 EM 6 Year 2 - T7 Certification Item Description Hardware 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) 20014 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 20015 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART Other 20089 TASER 7 CERTIFICATION PLAN YEAR 2 PAYMENT Year 2 - Drones Item Description Axon Plans & Packages 12333 AXON AIR, EVIDENCE.COM ADD -ON ANNUAL PAYMENT Year 3 - CISP 7 Item Description Hardware 73311 8-BAY DOCK AXON BODY CAMERA REFRESH ONE 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) 20014 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 20015 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART List Unit Quantity Net Unit Price Total (USD) Price 24 0.00 0.00 0.00 24 0.00 0.00 0.00 24 0.00 0.00 0.00 24 0.00 0.00 0.00 12 720.00 684.00 8.201.00 Subtotal 8,208.00 Estimated Tax 0.00 Total 8,208.00 List Unit Quantity Net Unit Price Total (USD) Price 3 900.00 855.00 2,565.00 Subtotal 2,565.00 Estimated Tax 0.00 Total 2,565.00 List Unit Quantity Net Unit Price Total (USD) Price 6 0.00 0.00 0.00 90 0.00 0.00 0.00 90 0.00 0.00 0.00 90 0.00 0.00 0.00 90 0.00 0.00 0.00 Q-234744-43810.730EM 7 Year 3 - OSP 7 (Continued) Item Description Quantity List Unit Net Unit Price Total (USD) Price Other 73309 AXON BODY CAMERA REFRESH ONE 45 0.00 0.00 0.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00 20119 TASER 7 MASTER INSTRUCTOR SCHOOL 1 0.00 0.00 0.00 VOUCHER 73452 OFFICER SAFETY PLAN 7 ANNUAL PAYMENT 45 1,788.00 1,698.60 76,437.00 Subtotal 76,437.00 Estimated Tax 0,00 Total 76,437.00 Year 2 - T7 Certification Item Description Quantity List Unit Net Unit Price Total (USD) Price Hardware TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 24 0.00 0.001 0.00 2 X12 DEGREE) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 24 0.00 0.00 0.00 (12-DEGREE) 20014 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 24 0.00 0.00 0.00 CARTRIDGE, STANDOFF (3 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 24 0.00 0.00 0.00 20015 CARTRIDGE, CLOSE QUART Other 20090 TASER 7 CERTIFICATION PLAN YEAR 3 PAYMENT 12 720.00 684.00 8,208.00 Subtotal 8,208.00 Estimated Tax 0.00 Total 8,208.00 Year 3 - Drones Item Description Quantity List Unit Net Unit Price Total (USD) Price Axon Plans & Packages 12333 AXON AIR, EVIDENCE.COM ADD -ON ANNUAL 3 900.00 855.00 2,565.00 PAYMENT Subtotal 2,565.00 Estimated Tax 0.00 Total 2,565.00 Q-234744-43810.730EM 8 Year 4 - OSP 7 Item Description Hardware 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) 20014 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 20015 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART Other 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 73452 OFFICER SAFETY PLAN 7 ANNUAL PAYMENT Year 4 - T7 Certification Item Description Hardware 20012. TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) 20014 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 20015 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART Other 20091 TASER 7 CERTIFICATION PLAN YEAR 4 PAYMENT Quantity List Unit Net Unit Price Total (USD) Price 90 0.00 0.00 0.00 90 0.00 G..00 0.00 90 0.00 0.00 0.00 90 0.00 0.00 0.00 1 0.00 0.00 0.00 1 0.00 0.00 0.00 45 1,788.00 1.698.60 76.437.00 Subtotal 76,437.00 Estimated Tax 0.00 Total 76,437.00 Listi Quantity Net Unit Price Total (USD) PrceUnit 24 0.00 0.00 0.00 24 0.00 0.00 0.00 24 0.00 0.00 0.00 24 0.00 0.00 0.00 12 720.00 684.00 8,208.00 Subtotal 8,208.00 Estimated Tax 0.00 Total 8,208.00 Q-234744-43810.730E M 9 Year d - Drones Item Description Quantity List Unit Net Unit Price Total (USD) Price Axon Plans & Packages 12333 AXON AIR, EVIDENCE.COM ADD -ON ANNUAL 3 900,00 855.00 2,565.00 PAYMENT Subtotal 2,565.00 Estimated Tax 0.00 Total 2,565.00 Year 5 - OSP 7 Rem Description Quantity List Unit Net Unit Price Total (USD) Price Hardware 73312 8-BA DOCK AXON BODY CAMERA REFRESH 6 0.00 0.00 0.00 TWO 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 90 0.00 0.00 0.00 DEGREE) 2DO13 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 90 0.00 0.00 0.00 (12-DEGREE) 2CO14 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 90 0.00 0.00 0.00 CARTRIDGE, STANDOFF (3 20015 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 90 0.00 0.00 0.00 CARTRIDGE, CLOSE QUART 73310 AXON BODY CAMERA REFRESH TWO 45 0.00 0.00 0.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00 20119 TASER 7 MASTER INSTRUCTOR SCHOOL 1 0.00 0.00 0.00 VOUCHER 73452 OFFICER SAFETY PLAN 7 ANNUAL PAYMENT 45 1,788.00 1,698.60 76,437.00 Subtotal 76,437.00 Estimated Tax 0.00 Total 76,437.00 Year 5 - T7 Certification Item Description Quantity List Unit Net Unit Price Total (USD) Price Hardware TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 21012 24 0.00 0.00 0,00 DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 2 DO13 24 0.00 0.00 0.00 (12-DEGREE) Q-234744 -43810.730E M 10 Year 5 - T7 Certification (Continued) Item Description Hardware (Continued) 20014 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, STANDOFF (3 20015 TASER 7 HOOK -AND -LOOP TRAINING (HALT) CARTRIDGE, CLOSE QUART Other 20092 TASER 7 CERTIFICATION PLAN YEAR 5 PAYMENT Year 5 - Drones Item Description Axon Plans & Packages 12333 AXON AIR, EVIDENCE.COM ADD -ON ANNUAL PAYMENT List Unit Quantity Net Unit Price Total (USD) Price 24 0.00 0.00 0.00 24 0.00 0.00 0.00 12 720.00 684.00 8,208.00 Subtotal 8,208.00 Estimated Tax 0.00 Total 8,208.00 List Unit Quantity Net Unit Price Total (USD) Price 3 900.00 855.00 2,565.00 Subtotals 2,565.00 Estimated Tax 0.00 Total 2,565.00 Grand Total! 455,060.20 Q-234744-43810.730EM 11 :I AXON Discounts (USo) Quote Expiration: 12/3112019 List Amount 510,710.00 Discounts 55,649.80 Total 455,060.20 'Total excludes applicable taxes Summary of Payments Payment Amount (USD) Year 1 - OSP 7 77,238.00 TAP Refresh Contract #00006673 0.00 Year 1 - CEW Trade -In Debit 7,176.20 Year 1 - T7 Certification 8,208.00 Spares 0.00 Year 1 - Drones 13,598.00 Year 2 - OSP 7 76,437.00 Year 2 - T7 Certification 8,208.00 Year 2 - Drones 2,565.00 Year 3 - OSP 7 76,437.00 Q-234744-43810.730EM 12 Aji, AXO N Summary of Payments (Continued) Payment Amount (USD) Year 3 - T7 Certification 8,208.00 Year 3 - Drones 2,565.00 Year 4 - OSP 7 76,437.00 Year 4 - T7 Certification 8,208.00 Year 4 - Drones 2,565.00 Year 5 - OSP 7 76,437.00 Year 5 - T7 Certification 8,208.00 Year 5 - Drones 2,565.00 Grand Total 455,060.20 Q-23474443810.730EM 13 Notes Agency has existing contract #00006673(originated via Q44295) and is terminating that contract upon the new license start date (2/15/2020) of this quote. The Pames agree that Axon is granting a refund of $9,858.00(applied to Year # licenses) to refund paid, but undelivered services. This discount is based on a ship dale range of 1/1612020-1/31/2020, resulting in a 2/15/2020 license dale. Any change in this date and resulting license start date will result in modification of this discount value which may resw in additional fees due to or from Axon. 100% discounted body-wom camera and docking station hardware contained in Year 1 reflects a TAP replacement for hardware purchased under existing contract #00006673. All TAP obligations from this contract will be considered fulfilled upon execution of this quote. This refreshed hardware will be covered under the Technology Assurance Plan (TAP) and will be eligible for 2 replacements. This will take place at the 30 and 60 month marks of this new contract. The partes agree that Axon is charging a debit of $7.176.25 (applied to Year 1 - Trade -In Debit) to capture the remaining value owed from previously deployed CEW hardware This debit is based on a ship date range of i/16/2020.1/31/2020, resulting in a 2/15/2020 contract start date. Any change in this ship date and resulting contract start date will result in modification of this debit's value which may result in additional fees due to or from Axon. Purchase of TASER 7 are governed by the TASER 7 Agreement located at https://vnwv.mon.mmAegal/sales-terns-and-conditions and not the Master Services and Purchasing Agreement referenced below. Tax is su gect to change at order processing with valid exemption. Axon's Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at vmw.axon com/legal/sales-terms-and-conditions/, as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. Any purchase order issued in response to this Quote is subject solely to the above referenced terns and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the oompary, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Signature: Date: Name @Print): Title: PO# (Or write NIA): Please sign and email to Evan Maclntyre at emacintyre@axon.com or fax to Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buv.axon.com 'Protect Life'@ and TASER® are registered trademarks of Axon Enterprise, Inc, registered in the U.S. @ 2013 Axon Enterprise, Inc. All rights reserved. This Agreement is conditioned on the acceptance of the attached Public Records Requirements mandated by Florida law. Attested: By: M I� Q--i Approved as to form, languagty and execution thereto: By: Nh ga A. Pay , CMIC City Attorney City Clerk " Axon Internal Use On SFDC Contract#: Order Type: RMA#: Address Used: SO M Review 1 Review 2 Commends: Q-234744-43810.730EM 14 A\ AXON South Miami Police Dept. -FL ATTENTION This order may qualify for freight shipping, please fill out the following information. What is the contact name and phone number for this shipment? What are your receiving hours? (Monday -Friday) Is a dock available for this incoming shipment? Are there any delivery restrictions? (no box trucks, etc.) Q-234744-43810.730E M 1s �, AXON Master Services and Purchasing Agreement This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc., a Delaware corporation ("Axon"), and the agency on the Quote ("Agency"). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the quote ("Effective Date"). Axon and Agency are each a "Party" and collectively "Parties". This Agreement governs Agency's purchase and use of the Axon Devices and Services detailed in the Quote Appendix ("Quote`). The Parties therefore agree as follows: Term. This Agreement begins on the Effective Date and continues until terminated pursuant to this Agreement ("Term"). Agency may renew this Agreement for an additional 5 years upon execution of a new quote. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first. 2 Definitions. "Axon Cloud Services" means Axon's web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Evidence.com and Axon Devices or Axon client software. Axon Cloud Service excludes third -party applications, hardware warranties, and my.evidence.com. "Axon Devices" means all hardware provided by Axon under this Agreement. "Quote" means an offer to sell and is only valid for devices and services on the quote at the specified prices. Any terms within Agency's purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services. 3 Payment. Axon invoices upon shipment Payment is due net 30 days from the invoice date. Payment obligations are non -cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys' fees. 4 Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate. S Shipping. Axon may make partial shipments and ship Devices from multiple locations. All shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon Axon's delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. 6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 7 Warran 7.1 Hardware Limited Warranty. Axon warrants that Axon -manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency's receipt, except Signal Sidearm, which Axon warrants for 30 months from the date of Agency's receipt. Axon warrants its Axon -manufactured accessories for 90-days from the date of Agency's receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 1 of 32 AXON Master Services and Purchasing Agreement from the expiration of the 1-year hardware warranty through the extended warranty term. Non - Axon manufactured Devices are not covered by Axon's warranty. Agency should contact the manufacturer for support of non -Axon manufactured Devices. 7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during the warranty term, Axon's sole responsibility is to repair or replace the Device with the same or like Device, at Axon's option. A replacement Device will be new or like new. Axon will warrant the replacement Device for the longer of (a) the remaining warranty of the original Device or (b) 90- days from the date of repair or replacement. If Agency exchanges a device or part, the replacement item becomes Agency's property, and the replaced item becomes Axon's property. Before delivering a Device for service, Agency must upload Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Device sent to Axon for service. 7.3 Spare Devices. Axon may provide Agency a predetermined number of spare Devices as detailed in the Quote ("Spare Devices"). Spare Devices will replace broken or non-functioning units. If Agency utilizes a Spare Device, Agency must return to Axon, through Axon's warranty return process, any broken or non-functioning units. Axon will repair or replace the unit with a replacement Device. Upon termination, Axon will invoice Agency the MSRP then in effect for all Spare Devices provided. If Agency returns the Spare Devices to Axon within 30 days of the invoice date, Axon will issue a credit and apply it against the invoice. 7.4 Limitations. Axon's warranty excludes damage related to: (a) failure to follow Device use instructions; (b) Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Device; (d) force majeure; (e) Devices repaired or modified by persons other than Axon without Axon's written permission; or (f) Devices with a defaced or removed serial number. 7.4.1 To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. 7.4.2 Axon's cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 8 Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, and Axon Fleet, may require a Statement of Work that details Axon's Service deliverables ("SOW"). In the event Axon provides an SOW to Agency, Axon is only responsible to perform Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 2 of 32 44kik-4, AXON Master Services and Purchasing Agreement Agreement by reference. 9 Device Warnings. See www.axon.com/legal for the most current Axon device warnings. 10 Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Devices and Services previously purchased by Agency. 11 Insurance. Axon will maintain General Liability, Workers' Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 12 Indemnification. Axon will indemnify Agency's officers, directors, and employees ("Agency Indemnitees") against all claims, demands, losses, and reasonable expenses arising out of a third -party claim against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under this Agreement, except to the extent of Agency's negligence or willful misconduct, or claims under workers compensation. 13 IP Rights. Axon owns and reserves all right, title, and interest in Axon devices and services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated. 14 IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third -party claim alleging that the use of Axon Devices or Services infringes or misappropriates the third-party's intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon's expense and cooperate fully with Axon in the defense or settlement of such claim. Axon's IP indemnification obligations do not apply to claims based on (a) modification of Axon Devices or Services by Agency or a third -party not approved by Axon; (b) use of Axon Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon. 1 S Agency Responsibilities. Agency is responsible for (a) Agency's use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user, and (c) a dispute between Agency and a third -party over Agency's use of Axon Devices. 16 Termination. 16.1 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon's uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 16.2 By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable. 16.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Devices for less than the manufacturer's suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 3 of 32 AXON Master Services and Purchasing Agreement the MSRP for Devices received and amounts paid towards those Devices. If terminating for non - appropriation, Agency may return Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Device at the time of sale. For bundled Devices, MSRP is the standalone price of all individual components. 17 Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party's Confidential Information. Unless required by law, neither Party will disclose the other Party's Confidential Information during the Term and for 5-years thereafter. Axon pricing is Confidential Information and competition sensitive. If Agency is required by law to disclose Axon pricing, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement. 18 General. 18.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party's reasonable control. 18.2 Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 18.3 Third -Party Beneficiaries. There are no third -party beneficiaries under this Agreement. 18.4 Non -Discrimination. Neither Party nor its employees will discriminate against any person based on: race, religion; creed; color, sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry, genetic information; disability; veteran status; or any class protected by local, state, or federal law. 18.5 Export Compliance. Each Party will comply with all import and export control laws and regulations. 18.6 Assignment. Neither Party may assign this Agreement without the other Party's prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 18.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 18.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 18.9 Survival. The following sections will survive termination: Payment, Warranty, Device Warnings, Indemnification, IP Rights, and Agency Responsibilities. it e: Master Services and Purchasing greement etween Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 4 of 32 Aka\, AXO N Master Services and Purchasing Agreement 18.10 Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 18.11 Notices. All notices must be in English. Notices posted on Agency's Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices: Axon: Axon Enterprise, Inc. Agency: Attn: Legal Attn: 17800 N. 85th Street Street Address Scottsdale, Arizona 85255 City, State, Zip legal@axon.com Email 18.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each representative identified below declares that the representative is authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc. Signature: Name: Tide: n>ro- Agency Signature Name: Title: nnta. ATTESTED: CITY G By: By:_ Nke a A. Pa e, CIVIC City Clerk r d and Approved as to Form, Language, ality and Execution Thereof: City Attorney Alexander Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 5 of 32 AXON��► Master Services and Purchasing Agreement Axon Cloud Services Terms of Use Appendix Definitions. "Agency Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Agency's tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence but excludes Non -Content Data. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. "Non -Content Data" is data, configuration, and usage information about Agency's Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non -Content Data includes data about users captured during account management and customer support activities. Non -Content Data does not include Agency Content. 2 Subscription Term. For Axon Evidence subscriptions, including Fleet 2 Unlimited, the subscription begins after shipment of the applicable Axon Device. If Axon ships the Device in the first half of the month, the start date is the 1st of the following month. If Axon ships the Device in the second half of the month, the start date is the 15th of the following month. For phased deployments, the start date begins on shipment of phase one. For purchases solely of Axon Evidence subscriptions, the start date is the Effective Date. The Axon Evidence subscription term ends upon completion of the Axon Evidence subscription stated in the Quote ("Axon Evidence Subscription Term"). 3 Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ('TASER Data"). Agency may not upload non-TASER Data to Axon Evidence Lite. 4 A4,� Owns C� Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content are not business records of Axon. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will have limited access to Agency Content solely for providing and supporting Axon Cloud Services to Agency and Agency end users. 5 Sec ri . Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management, incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 6 Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user's use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 6 of 32 4rdN'A&4\,\ A X N Master Services and Purchasing Agreement Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user's access to Axon Cloud Services. Agency will also maintain the security of end user names and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency's account or Agency Content, or if account information is lost or stolen. 7 Prime. Axon will not disclose Agency Content or information about Agency except as compelled by a court or administrative body or required by law or regulation. If Axon receives a disclosure request for Agency Content, Axon will give Agency notice, unless legally prohibited from doing so, to allow Agency to file an objection with the court or administrative body. Agency agrees to allow Axon access to certain information from Agency to (a) perform troubleshooting services upon request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing the use of Axon Evidence; or (c) perform analytic and diagnostic evaluations of the systems. 8 Storage. For Axon Evidence Unlimited, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or an Axon body -worn camera. For Axon Air Evidence subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from an Axon Air device. For Axon Interview Room Unlimited, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Interview Room hardware. For Axon Fleet Unlimited, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Fleet hardware. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access. 9 Location of Storage. Axon may transfer Agency Content to third -party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may temporarily suspend Agency's or any end user's right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user's use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third - party, (b) adversely impact Axon Cloud Services, the systems, or content of any other customer, (c) subject Axon, Axon's affiliates, or any third -party to liability; or (d) be fraudulent. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement. 11 Axon Cloud Services W rr n . Axon disclaims any warranties or responsibility for data corruption Title: Master -Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 7 of 32 AXON� Master Services and Purchasing Agreement or errors before Agency uploads data to Axon Cloud Services. 12 Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; 12.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; 12.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; 12.5. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Cloud Services; or 12.7. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third -party privacy rights; or to store or transmit malicious code. 13 After Termination. Axon will not delete Agency Content for 90-days following termination. There will be no functionality of Axon Cloud Services during these 90-days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services. 14 Post -Termination Assistance. Axon will provide Agency with the same post -termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon's data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services. 16 Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 8 of 32 AXONMaster Services and Purchasing Agreement Professional Services Appendix Utilization of Services. Agency must use pre -paid professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date. Body -Worn Camera Full Service (BWC Full Service). BWC Full Service includes 4 consecutive days of on -site service and a professional services manager to work with Agency to assess Agency's deployment and determine which on -site services are appropriate. If Agency requires more than 4 consecutive on - site days, additional days are $2,500 per day. BWC Full Service options include: System set up and configuration • Setup Axon View on smartphones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain • Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access • One on -site session included Dock configuration • Work with Agency to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On -site assistance, not to include physical mounting of docks Best practice implementation planning session • Provide considerations for the establishment of video policy and system operations best practices based on Axon's observations with other agencies • Discuss the importance of entering metadata in the field for organization purposes and other best practice for digital data management • Provide referrals of other agencies using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions Step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and otherspecific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for Agency's in-house instructors who can support Agency's Axon camera and Axon Evidence traininq needs after Axon has fulfilled its contractual on -site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies End user go -live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Postgo-live review Body -Worn Camera 1-Day Service (BWC 1-Day). BWC 1-Day includes one day of on -site Services and a professional services manager to work closely with Agency to assess Agency's deployment and determine which Services are appropriate. If Agency requires more than 1 day of on -site Services, additional on -site assistance is $2,500 per day. The BWC 1-Day options include: Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 9 of 32 4 A ON Master Services and Purchasing Agreement System set up and configuration (Remote Support) • Setup Axon Mobile on smartphones (if applicable) • Configure categories & custom roles based on Agency need • Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access Dock configuration • Work with Agency to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using "Administrator" credentials from Agency • Does not include physical mounting of docks Axon instructor training (Train the Trainer) Training for Agency's in-house instructors who can support Agency's Axon camera and Axon Evidence training needs after Axon's has fulfilled its contracted on -site obligations End user go -live training and support sessions Assistance with device set up and configuration Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide 4 Body -Worn Camera Virtual 1-Day Service (BWC Virtual). BWC Virtual includes all items in the BWC 1-Day Service Package, except one day of on -site services. 5 CFW Services Packaaes. CEW Services Packaaes are detailed below: System set up and configuration • Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On -site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4-6 weeks before rollout Best practice implementation planning session to: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon's observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On -site assistance included • For the CEW Starter Package. Virtual assistance included System Admin and troubleshooting training sessions On -site sessions providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and otherspecific settings for Axon Evidence Axon Evidence Instructor training Provide training on the Axon Evidence to educate instructors who can support Agency's subsequent Axon Evidence training needs. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal version: 8.0 Release Date: 11/8/2019 Page 10 of 32 IAXON " Master Services and Purchasing Agreement OL • For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment Axon's on -site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go -live review For the CEW Full Service Package. On -site assistance included. For the CEW Starter Package: Virtual assistance included. 6 Smart Weapon Transition Service. The Smart Weapon Transition Service includes: Archival of CEW Firing Logs Axon's on -site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models. Return of Old Weapons Axon's on -site professional service team will ship all old weapons back to Axon's headquarters. Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course. 7 Signal Sidearm Installation Service. If Agency purchases Signal Sidearm Installation Service, Axon will provide one day of on -site Services and one professional services manager and will coverthe installation of up 100 Signal Sidearm devices per package purchased. Agency is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the aqreed-upon installation date(s). Installation includes: Removal of existinq connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device Out of Score Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on -site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 10 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 11 of 32 AXON.��►, Master Services and Purchasing Agreement 11 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional Services and Devices to operate per the Device User Documentation. Before installation of Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Devices are to be installed ("Installation Site") per the environmental specifications in the Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Device User Documentation for any Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it. 12 Acceptance. When Axon completes professional Services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re -present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services. 13 Aaencv Network For work performed by Axon transiting or making use of Agency's network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency's network from any cause. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 12 of 32 AXON...�► Master Services and Purchasing Agreement Technology Assurance Plan Appendix If Technology Assurance Plan ("TAP") or a bundle including TAP is on the Quote, this appendix applies. Term. TAP begins after shipment of Devices covered under TAP. If Axon ships Devices in the first half of the month, TAP starts the 1st of the following month. If Axon ships Devices in the second half of the month, TAP starts the 15th of the following month. (`TAP Term"). 2 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year Hardware Limited Warranty. 3 Officer Safety Plan Standard. The Officer Safety Plan Standard ("OSP Standard") includes Axon Evidence Unlimited, TAP for Axon body -worn camera ("BWC") and Axon Dock, one TASER X2 or X26P CEW with a 4-year extended warranty, one CEW battery, and one CEW holster. Agency must purchase OSP for 5 years ("OSP Term'J. At any time during the OSP Term, Agency may choose to receive the X2 or X26P CEW, battery and holster by providing a $0 purchase order. 4 Officer Safety Plan 7. Both the Officer Safety Plan 7 ("OSP 7") and Officer Safety Plan 7 Plus ("OSP 7 Plus") include Axon Evidence Unlimited, TAP for Axon BWC and Axon Dock, TASER 7 Certification Plan, Axon Records, and Axon Aware. OSP 7 Plus also includes Axon Aware Plus, Signal Sidearm, Auto -Tagging, Axon Performance, Axon Redaction Assistant, and Axon Citizen for Communities. Both bundles are subject to additional terms for services in their bundle. Agency must purchase an OSP 7 subscription for every TASER 7 CEW user. Agency must accept delivery of the TASER 7 CEW and accessories as soon as available from Axon. Some offerings in the OSP 7 bundles may not be generally available at the time of Agency's OSP 7 purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency's election not to utilize any portion of an OSP 7 bundle. Axon Records is the softwa re -as -a -service product that is generally available at the time Agency purchases an OSP 7 bundle. During the Term, you will be entitled to receive Axon's Update and Upgrade releases on an if -and -when available basis. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An Upgrade includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included in the OSP 7 bundle. The Axon Records subscription will begin upon the start of the OSP 7 Term and end at the end of the OSP 7 Term, as defined below. 5 OSP 7 Term. OSP 7 begins after Axon ships the Axon Body 3 or TASER 7 hardware to Agency. If Axon ships in the first half of the month, OSP 7 starts the 1 st of the following month. If Axon ships in the second half of the month, OSP 7 starts the 15th of the following month. For phased deployments, each phase has its own start and end date based on the phase's first shipment per the above. OSP 7 runs for 5 years from the OSP 7 start date ("OSP 7 Term'). Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 13 of 32 AXON.� Master Services and Purchasing Agreement 6 TAP BWC Upgrad If Agency purchased 3 years of Axon Evidence Unlimited or TAP as a standalone and makes all payments, Axon will provide Agency a new Axon BWC 3 years after TAP starts ("BWC Upgrade"). If Agency purchases 5 years of Axon Evidence Unlimited, an OSP, or TAP as a standalone and makes all payments, Axon will provide Agency a BWC Upgrade 2.5 and 5 years after TAP starts. If Agency purchased TAP as a standalone, Axon will provide a BWC Upgrade that is the same or like Device, at Axon's option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock. If Agency purchased Axon Evidence Unlimited or an OSP, Agency may choose a new BWC of Agency's choice. 7 TAP Dock Upgrad If Agency purchased 3 years of Dock TAP and makes all payments, Axon will provide Agency a new Axon Dock 3 years after TAP starts ("Dock Upgrade"). If Agency purchases 5 years of Axon Evidence Unlimited, an OSP, or Dock TAP and makes all payments, Axon will provide Agency a Dock Upgrade 2.5 and 5 years after TAP starts. The Dock Upgrade at year 2.5 will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single -bay Axon Dock, the Dock Upgrade will be a single -bay Axon Dock model that is the same or like Device, at Axon's option. If Agency originally purchased a multi -bay Axon Dock, the Dock Upgrade will be a multi -bay Axon Dock that is the same or like Device, at Axon's option. 8 Upgrade Delay. Axon may ship the BWC and Dock Upgrades at year 2.5 without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. Axon may ship the second BWC and Dock Upgrade 60 days before the end of the Term without prior confirmation from Agency. 9 Upgrade Change. If Agency wants to change Device models for the offered BWC or Dock Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade. 10 Return of Original Device. If Axon provides a warranty replacement 6 months before the date of a BWC Upgrade or Dock Upgrade, the replacement is the upgrade. Within 30 days of receiving a BWC or Dock Upgrade, Agency must return the original Devices to Axon or destroy the Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Devices. If Agency does not return or destroy the Devices, Axon will deactivate the serial numbers for the Devices received by Agency. 11 Termination. If Agency's payment for TAP, OSP, or Axon Evidence is more than 30 days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason: 11.1. TAP and OSP coverage terminates as of the date of termination and no refunds will be given. 11.2. Axon will not and has no obligation to provide the Upgrade Models. 11.3. Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP. Title: Master Services an urc asing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 14 of 32 AXON..� Master Services and Purchasing Agreement TASER 7 Appendix This TASER 7 Appendix applies to Agency's TASER 7, OSP 7, or OSP 7 Plus purchase from Axon. Term. If Agency purchases TASER 7 as part of OSP 7 or 7 Plus, TASER 7 starts on the OSP 7 start date. Otherwise, the start date is based on shipment of TASER 7 hardware. If Axon ships TASER 7 hardware in the first half of the month, TASER 7 starts the 1 st of the following month. If Axon ships TASER 7 hardware in the second half of the month, TASER 7 starts the 15th -of the following month ("TASER 7 Start Date"). TASER 7 will end upon completion of the associated TASER 7 subscription in the Quote ('TASER 7 Term'). For phased deployments, each phase will have its own 60-month term, with start dates as described above. 2 Unlimited Duty Cartridge Plan. If the Quote includes "Unlimited Duty Cartridge Plan", Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty. 3 Trams If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the TASER 7 Start Date. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency's responsibility. If the Quote includes Axon Online Training or Virtual Reality Content (collectively, 'Training Content"), Agency may access Training Content. Axon will deliver all Training Content electronically. 4 Extended Warranty. If the Quote includes a TASER 7 plan (TASER 7 Basic - Upfront Plus Subscription, TASER 7 Basic - Subscription, or TASER 7 Certification), extended warranty coverage is included for the TASER CEW, dock and core, and rechargeable battery as described in the Hardware Limited Warranty. The extended warranty coverage begins on the TASER 7 Start Date and continues for the TASER 7 Term. 5 Trade-in. If a trade-in discount is on the Quote, Agency must return used hardware and accessories associated with the discount ('Trade -In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade -In Units within the timeframe below, Axon will invoice Agency the value of the trade-in discount. Agency may not destroy Trade -In Units and receive a trade-in discount. Agency Size Days to Return from TASER 7 Start Date Less than 100 officers 30 days 100 to 499 officers 90 days 500+ officers 180 days Subscription Term. The TASER 7 Axon Evidence Subscription Term begins on the TASER 7 or OSP 7 Start Date. 7 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 15 of 32 AXON�► Master Services and Purchasing Agreement during the TASER 7 Axon Evidence Subscription Term. Agency may not upload any non-TASER 7 data or any other files to Axon Evidence. Agency may not exceed the number of end users than the Quote specifies. 8 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body. Agency acknowledges and agrees that Axon may access Agency Content to: (a) perform troubleshooting services upon request or as part of Axon's maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of Axon Evidence; (c) generate aggregated data, excluding information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (collectively, "Pill"), to improve, analyze, support, and operate Axon's current and future devices and services. 9 Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency's TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: 9.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given. 9.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non -appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. 9.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 16 of 32 AXON .� Master Services and Purchasing Agreement Axon Auto -Tagging Appendix 1 Scope. Axon Auto -Tagging consists of the development of a module to allow Axon Evidence to interact with Agency's Computer -Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows end users to auto -populate Axon video meta -data with a case ID, category, and location - based on data maintained in Agency's CAD or RMS. Agency must purchase Axon Auto -Tagging for every Axon Evidence user in Agency, even if the user does not have an Axon body camera. 2 Support. For thirty days after completing Auto -Tagging Services, Axon will provide up to 5 hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, so long as long as Agency maintains an Axon Evidence and Auto -Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS. 3 Chan es. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 4 Agency Responsibilities. Axon's performance of Auto -Tagging Services requires Agency to: 4.1. Make available relevant systems, including Agency's current CAD or RMS, for assessment by Axon (including remote access if possible); 4.2. Make required modifications, upgrades or alterations to Agency's hardware, facilities, systems and networks related to Axon's performance of Auto -Tagging Services; 4.3. Provide access to the premises where Axon is performing Auto -Tagging Services, subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto -Tagging Services; 4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto -Tagging Services; 4.S. Promptly install and implement any software updates provided by Axon; 4.6. Ensure that all appropriate data backups are performed; 4.7. Provide assistance, participation, and approvals in testing Auto -Tagging Services; 4.8. Provide Axon with remote access to Agency's Axon Evidence account when required; 4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency, and 4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. Access to Systems. Agency authorizes Axon to access Agency's relevant computers, network systems, and CAD or RMS solely for performing Auto -Tagging Services. Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. Title: MasterServices and PurcHasIn_g Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 17 of 32 AXONMaster Services and Purchasing Agreement Axon Fleet Appendix Agency Responsibilities. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet as established by Axon during the on -site assessment at Agency and in any technical qualifying questions. If Agency's representations are inaccurate, the Quote is subject to change. 2 CradlePoint. If Agency purchases CradlePoint Enterprise Cloud Manager, Agency will comply with CradlePoint's end user license agreement. The term of the CradlePoint license may differ from the Axon Evidence Subscription. CradlePoint installation is outside the scope of this Agreement. If Agency requires CradlePoint support, Agency will contact CradlePoint directly. 3 Third -party Installer. If Agency (a) installs Axon Fleet and related hardware without "train the trainer" Services from Axon; (b) does not follow instructions provided by Axon during train the trainer, or (c) uses a third -party to install the hardware (collectively, "Third -party Installer"), Axon will not be responsible for Third -party Installer's failure to follow instructions relating to installation and use of Axon Fleet. Axon will not be liable for the failure of Axon Fleet hardware to operate per Axon's specifications or damage to Axon Fleet hardware due to a Third -party Installer. Axon may charge Agency if Axon is required to (a) replace hardware damaged by Third -party Installer, (b) provide extensive remote support; or (c) send Axon personnel to Agency to replace hardware damaged by Third -party Installer. 4 Wireless Offload Software. 4.1. License Grant. Axon grants Agency a non-exclusive, royalty -free, worldwide, perpetual license to use Wireless Offload Software ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS tern begins upon the start of the Axon Evidence Subscription. 4.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within WOS. 4.3. Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term. 4.4. WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency's store and forward servers solely for troubleshooting and maintenance. 5 Wireless Microphone. The Axon Fleet Wireless Microphone subscription is a 5-year term. If this Agreement terminates for any reason before the end of the 5 years, Agency must pay the remaining MSRP for the Wireless. Microphone, or if terminating for non -appropriations, return the Wireless it e: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 18 of 32 AXONMaster Services and Purchasing Agreement Microphone to Axon. 6 Fleet 2 Unlimited. Both Fleet 2 Unlimited and Fleet 2 Unlimited 60 require a 5-year term. Both offerings provide a 4-year extended warranty on Axon Fleet camera hardware. 7 Fleet 2 Unlimited Upgrade. For Axon Fleet 2 Unlimited, 5-years after the start of the Axon Evidence Subscription associated with Agency's Axon Fleet Purchase, Axon will provide Agency a new front and new rear Axon Fleet camera that is the same or like Device, at Axon's sole option ("Axon Fleet Upgrade"). Axon Fleet 2 Unlimited 60 is not eligible to receive an Axon Fleet Upgrade. After Agency makes the fifth Axon Fleet Unlimited payment, Agency may elect to receive the Axon Fleet Upgrade anytime in the fifth year of the Axon Evidence Subscription associated with Agency's Axon Fleet Purchase. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade. Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Devices to Axon or destroy the Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Devices. If Agency does not destroy or return the Devices to Axon, Axon will deactivate the serial numbers for the Devices received by Agency. 8 Fleet Unlimited Termination. If Agency's payment for any Axon Fleet Unlimited program or Axon Evidence is more than 30 days past due, Axon may terminate Axon Fleet Unlimited. Once Axon Fleet Unlimited terminates for any reason, then: 8.1. Axon Fleet Unlimited coverage terminates, and no refunds will be given. 8.2. Axon will not and has no obligation to provide the Axon Fleet Upgrade Models. 8.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Axon Fleet Unlimited. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 19 of 32 AX 0 N ��► Master Services and Purchasing Agreement Axon Aware Appendix This Axon Aware Appendix applies to both Axon Aware and Axon Aware Plus. Axon Aware Plus includes Axon Aware. Axon Aware Subscription Term. If Agency purchases Axon Aware as part of a bundled offering, the Axon Aware subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Aware to Agency. If Agency purchases Axon Aware as a standalone, the Axon Aware subscription begins the later of the (1) date Axon provisions Axon Aware to Agency, or (2) first day of the month following the Effective Date. The Axon Aware subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Aware. 2 Scope of Axon Aware. The scope of Axon Aware is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Aware outside this scope, Axon may initiate good -faith discussions with Agency on upgrading Agency's Axon Aware to better meet Agency's needs. 3 I,TE Requirements. Axon Aware is only available and usable with an LTE enabled body -worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon's choice to provide LTE service. Axon may change LTE carriers during the Term without Agency's consent. 4 Axon Aware Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier's control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service. Partner networks are made available as -is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third -party beneficiary of any agreement between Axon and the underlying carrier. 5 Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Aware or bundles that include Axon Aware, Axon will end LTE service. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 20 of 32 A 0N .�� X Master Services and Purchasing Agreement Add -on Services Appendix This Appendix applies to Axon Citizen for Communities, Axon Redaction Studio, and Axon Performance. Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction Studio, or Axon Performance as part of a bundled offering, the subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Studio, or Axon Performance to Agency. If Agency purchases Axon Citizen for Communities, Axon Redaction Studio, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Studio, or Axon Performance to Agency, or (2) first day of the month following the Effective Date. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add -on. 2 Axon Citizen Storage. For Axon Citizen, Agency may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Agency's Axon Evidence instance. The post - termination provisions outlined in the Axon Evidence Terms of Use Appendix also apply to Portal Content. 3 Performance Auto-Tagg^g,,, Data. In order to provide Axon Performance to Agency, Axon will need to store call for service data from Agency's CAD or RMS. t e: Master Services an-PurchasingAgreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 21 of 32 AXON� Master Services and Purchasing Agreement Axon Commander" Software Appendix 1. License. Axon owns all executable instructions, images, icons, sound, and text in Commander. All rights are reserved to Axon. Axon grants a non-exclusive, royalty -free, worldwide right and license to use Commander. "Use" means storing, loading, installing, or executing Commander exclusively for data communication with an Axon Device. Agency may use Commander in a networked environment on computers other than the computer it installs Commander on, so long as each execution of Commander is for data communication with an Axon Device. Agency may make copies of Commander for archival purposes only. Agency shall retain all copyright, trademark, and proprietary notices in Commander on all copies or adaptations. 2. Term. The Quote will detail the duration of the Commander license, as well as any maintenance. The term will begin upon installation of Commander by Axon. 3. License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. Agency may not use Commander for any purpose other than as expressly permitted by this Agreement. Agency may not: 3.1 modify, tamper with, repair, or otherwise create derivative works of Commander; 3.2 reverse engineer, disassemble, or decompile Commander or apply any process to derive the source code of Commander, or allow others to do the same; 3.3 access or use Commander to avoid incurring fees or exceeding usage limits or quotas; 3.4 copy Commander in whole or part, except as expressly permitted in this Agreement; 3.5 use trade secret information contained in Commander, 3.6 resell, rent, loan or sublicense Commander, 3.7 access Commander to build a competitive device or service or copy any features, functions or graphics of Commander, or 3.8 remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within Commander or any copies of Commander. 4. Support. Axon may make available updates and error corrections ("Updates") to Commander. Axon will provide Updates electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate access to the Internet to receive Updates. Agency is responsible for maintaining the computer equipment necessary to use Commander. Axon may provide technical support of a prior release/version of Commander for 6 months from when Axon made the subsequent release/version available. S. Termination. Axon may terminate Agency's license immediately for Agency's failure to comply with any of the terms in this Agreement. Upon termination, Agency must immediately destroy Commander, including all copies, adaptations and merged portions in any form. Title: Master Services an urc asmg Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 22 of 32 AXON..� Master Services and Purchasing Agreement Axon Application Programming Interface Appendix Definitions. "API Client" means the software that acts as the interface between Agency's computer and the server, which is already developed or to be developed by Agency. "API Interface" means software implemented by Agency to configure Agency's independent API Client Software to operate in conjunction with the AN Service for Agency's authorized Use. "Axon Evidence Partner API, API or AXON API" (collectively "API Service") means Axon's API which provides a programmatic means to access data in Agency's Axon Evidence account or integrate Agency's Axon Evidence account with other systems. "Use" means any operation on Agency's data enabled by the supported API functionality. 2 Purpose and license. 2.1. Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency's use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency's use of API Service. Agency will not use API Service for commercial use. 2.2. Axon grants Agency a non-exclusive, non -transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency's Use in connection with Agency's API Client. 2.3. Axon reserves the right to set limitations on Agency's use of the API Service, such as a quota on operations, to ensure stability and availability of Axon's API. Axon will use reasonable efforts to accommodate use beyond the designated limits. 3 Configures Agency will work independently to configure Agency's API Client with API Service for Agency's applicable Use. Agency will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Agency will inform Axon promptly of any updates. Upon Agency's registration, Axon will provide documentation outlining API Service information. 4 Agen gy Responsibilities. When using API Service, Agency and its end users may not: 4.1. use API Service in any way other than as expressly permitted under this Agreement; 4.2. use in any way that results in, or could result in, any security breach to Axon; 4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services; 4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service; 4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software; 4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties; 4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service; Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 23 of 32 AXONMaster Services and Purchasing Agreement 4.8. frame or mirror API Service on any other server, or wireless or Internet -based device; 4.9. make available to a third -party, any token, key, password or other login credentials to API Service; 4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or disclose Axon's API manual. 5 API Content. All content related to API Service, other than Agency Content or Agency's API Client content, is considered Axon's API Content, including: 5.1. the design, structure and naming of AN Service fields in all responses and requests; 5.2. the resources available within API Service for which Agency takes actions on, such as evidence, cases, users, or reports; and 5.3. the structure of and relationship of API Service resources; and 5.4. the design of API Service, in any part or as a whole. 6 Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to: 6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header; 6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third -party, 6.3. misrepresent the source or ownership; or 6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices). 7 API Updates. Axon may update or modify the API Service from time to time ("API Update'. Agency is required to implement and use the most current version of API Service and to make any applicable changes to Agency's API Client required as a result of such API Update. API Updates may adversely affect how Agency's API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for 1 year following the release of an API Update for all depreciated API Service versions. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 24 of 32 AXON 44 .&&A\ Master Services and Purchasing Agreement Advanced User Management Appendix Scope. Advanced User Management allows Agency to (a) utilize bulk user creation and management, (b) automate user creation and management through System for Cross -domain Identity Management ("SCIW), and (c) automate group creation and management through SCIM. 2 PrIcIlM. Agency must purchase Advanced User Management for every Axon Evidence user in Agency, even if the user does not have an Axon body camera. 3 Advanced User Management Configuration. Agency will work independently to configure Agency's Advanced User Management for Agency's applicable Use. Upon request, Axon will provide general guidance to Agency, including documentation that details the setup and configuration process. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 25 of 32 AXON,..�I► Master Services and Purchasing Agreement Axon Channel Services Appendix Definitions. "Axon Digital Evidence Management System" means Axon Evidence or Axon Commander, as specified in the attached Channel Services Statement of Work. "Active Channel" means a third -party system that is continuously communicating with an Axon Digital Evidence Management System. "Inactive Channel" means a third -party system that will have a one-time communication to an Axon Digital Evidence Management System. 2 Scope. Agency currently has a third -party system or data repository from which Agency desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Agency's third -party data into an Axon Digital Evidence Management System or the transfer of Agency data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work ("Channel Services SOW"). Channel Services will not delete any Agency Content. Agency is responsible for verifying all necessary data is migrated correctly and retained per Agency policy. 3 Changes. Axon is only responsible to perform the Services described in this Appendix and Channel Services SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule 4 Purpose and Use. Agency is responsible for verifying Agency has the right to share data from and provide access to third -party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Agency is responsible for any changes to a third -party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Agency's network and systems to perform the Services described in the Channel Services SOW. Agency is responsible for facilitating this access per all laws and policies applicable to Agency. 5 Project Management. Axon will assign a Project Manager to work closely with Agency's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 6 Warran . Axon warrants that it will perform the Channel Services in a good and workmanlike manner. 7 Monitoring. Axon may monitor Agency's use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency's use of channel services. 8 Agency's Responsibilities. Axon's successful performance of the Channel Services requires Agency: 8.1. Make available its relevant systems for assessment by Axon (including making these Title: Master Services an urc asing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 26 of 32 AXON .�� Master Services and Purchasing Agreement systems available to Axon via remote access); 8.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Channel Services); 8.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services; 8.4. Ensure all appropriate data backups are performed; 8.5. Provide Axon with remote access to the Agency's network and third -party systems when required for Axon to perform the Channel Services; 8.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and 8.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services). Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 27 of 32 \ N r�A) ► Master Services and Purchasing Agreement VIEVU Data Migration Appendix Scope. Agency currently has legacy data in the VIEVU Solution from which Agency desires to move to Axon Evidence. Axon will work with Agency to copy legacy data from the VIEVU solution into Axon Evidence ("Migration"). Before Migration, Agency and Axon will work together to develop a Statement of Work ("Migration SOW") to detail all deliverables and responsibilities. The Migration will require the availability of Agency resources. Such resources will be identified in the SOW. On - site support during Migration is not required. Upon Agency's request, Axon will provide on -site support for an additional fee. Any request for on -site support will need to be pre -scheduled and is subject to Axon's resource availability. A small amount of unexposed data related to system information will not be migrated from the VIEVU solution to Axon Evidence. Upon request, some of this data can be manually exported before Migration and provided to Agency. The Migration SOW will provide further detail. 2 Changes. Axon is only responsible to perform the Services described in this Appendix and Migration SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 3 Project Management Axon will assign a Project Manager to work closely with Agency's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 4 Downtime. There may be downtime during the Migration. The duration of the downtime will depend on the amount of data that Agency is migrating. Axon will work with Agency to minimize any downtime. Any VIEVU mobile application will need to be disabled upon Migration. 5 Functionality^Changes . Due to device differences between the VIEVU solution and the Axon's Axon Evidence solution, there may be functionality gaps that will not allow for all migrated data to be displayed the same way in the user interface after Migration 6 Acceptance. Once the Migration is complete, Axon will notify Agency and an acceptance form. Agency is responsible for verifying that the scope of the project has been completed and all necessary data is migrated correctly and retained per Agency policy. Agency will have 90 days to provide Axon acceptance that the Migration was successful, or Axon will deem the Migration accepted. 6.1. In the event Agency does not accept the Migration, Agency agrees to notify the Axon within a reasonable time. Agency also agrees to allow Axon a reasonable time to resolve any issue. 6.2. In the event Agency does not provide the Axon written rejection of the Migration during these 90 days, Agency may be charged for additional monthly storage costs. 6.3. After Agency provides acceptance of the Migration, the Axon will delete all data from the VIEVU solution 90 days after the Migration. 7 Post -Migration. After Migration, the VIEVU solution may not be supported and updates may not be provided. Axon may end of life the VIEVU solution in the future. If Agency elects to maintain data Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 28 of 32 AXON� Master Services and Purchasing Agreement within the VIEW solution, Axon will provide Agency 90 days' notice before ending support for the VIEW solution. Warran . Axon warrants that it will perform the Migration in a good and workmanlike manner. Monitoring. Axon may monitor Agency's use of Migration to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency's use of Migration. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 29 of 32 AXON.� Master Services and Purchasing Agreement Axon Support Engineer Appendix 1 Axon Support Engineer Payment. Axon will invoice for Axon Support Engineer ("ASE') services, as outlined in the Quote, when the Axon Support Engineer commences work on -site at Agency. 2 Full -Time ASE Scope of Services. 2.1. A Full -Time ASE will work on -site four (4) days per week. 2.2. Agency's Axon sales representative and Axon's Agency Success team will work with Agency to define its support needs and ensure the Full -Time ASE has skills to align with those needs. There may be up to a 6-month waiting period before the Full -Time ASE can work on -site, depending upon Agency's needs and availability of a Full -Time ASE. 2.3. The purchase of Full -Time ASE Services includes 2 complimentary Axon Accelerate tickets per year of the Agreement, so long as the ASE has started work at Agency, and Agency is current on all payments for the Full -Time ASE Service. The Full -Time ASE Service options are listed below: Ongoing System Set-up and Configuration • Assisting with assigning cameras and registering docks • Maintaining Agency's Axon Evidence account • Connecting Agency to "Early Access" programs for new devices Account Maintenance • Conducting on -site training on new features and devices for Agency leadership team(s) • Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program • Conducting weekly meetings to cover current issues and program status Data Analysis • Providing on -demand Axon usage data to identify trends and insights for improving daily workflows • Comparing Agency's Axon usage and trends to peers to establish best practices • Proactively monitoring the health of Axon equipment and coordinating returns when needed Direct Support • Providing on -site, tier 1 and tier 2 technical support for Axon devices • Proactively monitoring the health of Axon equipment • Creating and monitoring RMAs on -site • Providing Axon app support • Monitoring and testing new firmware and workflows before they are released to Agency's production environment Agency Advocacy • Coordinating bi-annual voice of customer meetings with Axon's Device Management team • Recording and tracking Agency feature requests and major bugs 3 Regional ASE Scope of Services 3.1. A Regional ASE will work on -site for 3 consecutive days per quarter. Agency must schedule the on -site days at least 2 weeks in advance. The Regional ASE will also be available by phone and email during regular business hours up to 8 hours per week. 3.2. There may be up to a 6-month waiting period before Axon assigns a Regional ASE to Agency, depending upon the availability of a Regional ASE. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 30 of 32 A� N � Master Services and Purchasing Agreement 3.3. The purchase of Regional ASE Services includes 2 complimentary Axon Accelerate tickets per year of the Agreement, so long as the ASE has started work at Agency and Agency is current on all payments for the Regional ASE Service. The Regional ASE service options are listed below: Account Maintenance • Conducting remote training on new features and devices for Agency's leadership • Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program • Conducting weekly conference calls to cover current issues and program status • Visiting Agency quarterly (up to 3 consecutive days) to perform a quarterly business review, discuss Agency's goals for your Axon program, and continue to ensure a successful deployment of Axon devices Direct Support • Providing remote, tier 1 and tier 2 technical support for Axon devices • Creating and monitoring RMAs remotely Data Analysis • Providing quarterly Axon usage data to identify trends and program efficiency opportunities • Comparing an Agency's Axon usage and trends to peers to establish best practices • Proactively monitoring the health of Axon equipment and coordinating returns when needed Agency Advocacy • Coordinating bi-yearly Voice of Agency meetings with Device Management team • Recording and tracking Agency feature requests and major bugs 4 Out of Scope Services. The ASE is responsible to perform only the Services described in this Appendix. Any additional Services discussed or implied that are not defined explicitly in this Appendix will be considered out of the scope. S ASE Leave Time. The ASE will be allowed up 7 days of sick leave and up to 15 days of vacation time per each calendar year. The ASE will work with Agency to coordinate any time off and will provide Agency with at least 2 weeks' notice before utilizing any vacation days. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 31 of 32 AXONj Master Services and Purchasing Agreement Redaction Services Appendix Scope. Each month of Axon Redaction Service, Agency may utilize up to the number of redacted videos included on the Quote, or the maximum number of hours, whichever comes first. In order to be considered one video, a video an Agency submits to Axon for redaction must be less than 1 hour. If a video is longer than 1 hour, it will be rounded up to the next hour. For example, if Agency submits a video for redaction and that video is 150 minutes, the video will be considered 3 hours. Agency may not rollover unused redactions and hours from one month to the next. 2 Agency Responsibilities. 2.1. Access. Agency will create an account for Axon within Agency's Axon Evidence tenant. Agency must provision Axon to have only permission to view and redact videos identified for redaction. Upon completion of work or on a periodic basis in alignment with Agency's policy, Agency must manage or disable Axon's access within Agency's Axon Evidence tenant. 2.2. Policy. Agency is responsible for providing Axon Agency's standard policy regarding redaction ("Redaction Policy"). The Redaction Policy should identify typical objects and audio that need to be redacted from video. Axon will redact videos per the Redaction Policy unless otherwise instructed in writing. 3 Submission. Agency will identify video for redaction and will submit requests to redactionservices@axon.com. Axon will redact the video according to the Redaction Policy within 72 hours. The redaction will be performed using Axon Evidence's Redaction Studio. 4 Securi . Axon will use 0IS certified employees to perform all redaction services. Axon employees will perform all redactions in a C)IS compliant room. 5 Acceptance of Redacted video. Upon completing the redaction, Axon will assign the redacted video to Agency. Agency will review the video within 5 business days of receipt and notify Axon of any required changes. if changes are necessary, Axon will perform such changes within 48 hours of notification. In the event Agency does not notify Axon of any requested changes within 5 business days of receipt of the redacted video, Axon will deem the redacted video accepted by Agency. 6 Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 8.0 Release Date: 11/8/2019 Page 32 of 32 FLOIRDA PUBLIC RECORDS REQUIREMENT AR reference to "CONTRACTOR" means Axon Enterprise, Inc. Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of CONTRACTOR or keep and maintain public records required bythe public agencyto perform the service. If CONTRACTOR transfers all public records to the public agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. sQ AXON COMPARING AXON BODY 2 AND AXON BODY 3 Axon Body 3 is the latest in our series of industry -leading body -worn cameras. Here's a snapshot of what's the same and what's different from its predecessor. AXON AXON PRODUCT FEATURES BODY 2 ) BODY 3 Rugged design Full -shift battery Configurable Pre -Event Buffer Low light capability (0.1 lux or better) Mobile capability (Axon View app) Multiple mounting options Axon Signal -compatible Dock -and -walk workflow d (6-Bay Dock) (8-Bay Dock) Audio, LED and Haptic feedback User -configurable lights and volume ! WDisplay screen Multiple microphones Full disk encryption Embedded GPS LTE-connected Rapid recharge and offload Location of cameras when recording Axon Aware -compatible (real-time situational awareness features) For additional technical specifications, visit axon.com/body3 or contact your Axon representative. LTE is a Trademark of the European Telecommunications Standards Institute. .1 A, A AXON, Axon. Axon Body 2, Axon Body 3, Axon Signal, Axon Aware, and Axon View are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. 2 1 For more information, visit www.axon.com/legal. All rights reserved. 0 2019 Axon Enterprise, Inc. THE POWER TO SEE TRUTH IN THE MOMENT INTRODUCING THE NEXT GENERATION CAMERA, WITH REAL-TIME TECHNOLOGY THE BEST QUALITY EVIDENCE I REAL-TIME AWARENESS I UNMATCHED DESIGN AND SECURITY With Axon Body 3, you'll better see the truth with its Incredible low -light performance and reduced motion blur. Trust your camera with complete on -device encryption and Axon Body 3's sleek but super- strong design, built to survive even the harshest conditions. And now, react in real-time to active intelligence with features like gunshot detection and the ability to upload critical evidence wirelessly without ever needing to dock the device. It's the first body camera built with both brains and brawn so you can better protect life. 4X0N.00M/800Y3 PA ^XON FEATURES AND BENEFITS IMPROVED VIDEO QUALITY: With video evidence, image quality is everything. Axon Body 3's reduced motion blur and improved low -light performance enable you to better see the truth at any moment. MULTI-MIC AUDIO: Featuring four built-in microphones, Axon Body 3 lets you play back crystal-clear audio for a better sense of what happened at the scene. CRITICAL EVIDENCE ACCESS: Dock and walk is just one option to upload evidence with Axon Body 3. Preview video over LTE and upload wirelessly without waiting to dock. GUNSHOT DETECTION & ALERTS: Axon Body 3 sends real-time alerts, like when a gunshot is detected, allowing your agency to act fast during critical situations. POWERFUL CONNECTIONS: Axon Body 3 can support streaming audio and video back to your agency so that you can react in real-time to active intelligence. "FIND MY CAMERA": If one of your cameras goes missing, simply remotely locate the lost device. POST -EVENT REPORTING: Provide a verbal account of an event into your camera or mobile device, and have it transcribed and added to Axon Records. (Coming soon) ON -DEVICE ENCRYPTION: The security of your device is top of mind. That's why Axon Body 3 features full disk encryption. FULL -SHIFT BATTERY: Axon Body 3 will last for 12 hours, so you can depend on it for your entire shift. You can even recharge it while the camera is on. PRE -EVENT BUFFER: To help ensure key moments don't go missed, Axon Body 3 supports up to a 2-minute pre -event buffer with configurable audio. SPECIFICATIONS VIDEO RESOLUTION: 1080,720,480 BATTERY LIFE: 12 hours STORAGE: 64 GB PRE -EVENT BUFFER: Configurable IP RATING: IP67 US MILITARY STANDARD: MIL-STD-81OG DROP TEST: 6 feet OPERATING TEMPERATURE: -20 C to 50 C ENCRYPTION: AES 256 full disk encryption LTE is a registered trademark of Institut Europden des Normes; de T@I@communication. A. a AXON, Axon, Axon Body 3, and Evidence.com are trademarks of Axon Enterprise, Inc., some of which are registered in 23 the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. m 2019 Axon Enterprise, Inc. AXON l-VIVI ILJLIVL.L-. LVIVIVL.I- I IV/ITV. COMMUNITY THE POWER TO DE-ESCALATE DE-ESCALATE WITH CONFIDENCE / CONNECT TO SAVE TIME / FOCUS ON COMMUNITIES TpSER 7 - the most effective CEW ever - gives officers the confidence to de-escalate dangerous situations, provides improved integration to the Axon network for optimized workflows, and further demonstrates your commitment to keeping communities safe with reality -based training that improves outcomes. A,0N.00M/TASER 7 TASER 7 FEATURES AND BENEFITS CLOSE -RANGE OPTIMIZED: 93% increased probe spread at close range, where 85% of deployments occur, according to agency reports IMPROVED DARTS: TASER 7 darts fly straighter and faster with nearly twice the kinetic energy for better connection to the target, and the body of the dart breaks away to allow for attainment at tough angles ADAPTIVE CROSS -CONNECT: Electricity is intentionally driven between all contacts to maximize the effectiveness of the probe deployment and to help compensate for close probe spreads or clothing disconnects RAPID ARC: Delivers similar electrical charge as previous models but at a faster rate, causing more rapid incapacitation INVENTORY MANAGEMENT: Using the Axon Device Manager mobile application to assign weapons and accessories dramatically reduces the time it takes to manage devices in the field. This new functionality includes enhanced inventory search and status updates DOCK -AND -WALK FUNCTIONALITY: Firmware updates and weapon log downloads occur automatically, saving your agency time and ensuring your weapons are always up to date RECHARGEABLE BATTERY: One battery for the life of the weapon DAYLIGHT GREEN LASER: Improve your aim with a more visible green daylight laser LOUDER ARC: Further enhances TASER 7 as a de-escalation tool ENHANCED DATA MANAGEMENT: Full integration into the Axon Evidence (evidence.com) ecosystem, with re -designed pulse graphs and firing logs managed as evidence IMPROVED ERGONOMIC DESIGN: Operational interfaces have been refined through extensive user feedback SPECIFICATIONS WEATHER RESISTANCE: IP53 Ingress Protection MIL-STD-81DIG Test Method 510.6 (sand and dust), Method 506.6 (rain) IEC 60529 HOUSING: High Impact Polymer LASER: Top - High Visibility Green Class 2; Bottom - Red Class 2 ILLUMINATION: 300 Lumen Light Emitting Diode (LED) OPERATING TEMPERATURE: - 4° F to 1220 F [-200 WARRANTY: 1 year from date of receipt C to 50° C] DROP TEST: 5 feet SERVICE LIFE: 5 Years (Recommended) HUMIDITY: 85% Relative, Non -condensing A, Q AXON, Axon, TASER, and TASER 7 are trademarks of Axon Enterprise, Inc., some of which are registered in the US and otherAXON countries. For more information, visit www.axon.com/legal. All rights reserved. 0 2018 Axon Enterprise, Inc. _ 25 AXON Air MAVIC 2 ENTERPRISE $Z199 Thr Mavic 2 Enterprise has been specifically designed to be used as an everyday tool in close range operations like search and rescue, inspections, and tactical operations. It comes with the advantages of the Mavic 2 Zoom's obstacle avoidance and camera and adds on additional features necessary to make it a gre at tool for law enforcement applications. This rapid -response drone has modular acc essories, password protection, a self - heating battery, and more. ACCESSORIES BEACON Designed with U.S. Federal Aviation Administration (FAA) Nig it Waiver standards in mind, the M2E Beacon features a bright flasning strobe visible three miles away. This helps pilots carry out missions in low -light conditions or at night much more safely, and provides additional airspace awareness for operators of nearby drones and traditional aircraft. SPOTLIGHT PRICING GUIDE INCLUDES • Gimbal Clamp • Additional Rotors • Spotlight • Speaker • Beacon • Protector Case 1-year Enterprise Shield Repair and Replace Plan ACCESSORIES • Series IFB (Intelligent Flight Battery): $169 • Series Battery Charging Hub: $49 • Propeller Guard: $19 • Car Charger: $59 • Protector Case: $89 • Low -Noise Propeller Pair: $10 COMPATIBLE CAMERAS • Fixed Camera • Dual Thermal Cameras: $2,949 package price A dual spotlight with a brightness of 2,400 lumens aids operators in carrying out missions in dark or low -light areas. Spotlight is ideal for search and rescue as well as inspection applications. SPEAKER A loudspeaker with a maximum projection of 100 decibels (1-meter distance) lets pilots play up to 10 custom voice recordings on demand, providing a communications channel to nearby individuals that can be critical during lifesaving emergency operations. 26 CENTIMETER -LEVEL POSITIONING ACCURACY • Gimbal Dampener (x3) • Propeller Mounting Plate SENSE AND AVOID • Vision System FUNCTIONALITY • Calibration Plate ❑UAL -GIMBAL CONFIGURATION MATRICE M210 RTK-B $11,299 The Matrice M210 RTK-B, while considerably larger than the Phantom 4 Pro and Inspire 1 V2.0, it offers 30 minutes of high-performance flight time - even in light rain. Two gimbals allow for diverse camera pairings and attachments, giving you a myriad of video capture capabilities. ABOUTTHE CAMERAS ZENMUSE XT2 • Battery Insulation Sticker(x4) • Camera Top Mount Adapter • Dual Bottom Mount Adapter RTK Module (Ground Unit) • Landing Gear • Crystal5ky 7.85in. High Bright Monitor • 1-year Enterprise Shield Repair and Replace Plan ACCESSORIES • M210 Part11 TB55 M200 IFB (intelligent flight battery): $369 • M210 Part01 TB50 M200 IFB: $159 • M210 Cendence Remote Controller: $999 COMPATIBLE CAMERAS • ZENMUSE XT2: $6,500 • 336 x 256, Radiometric, 9Hz, 9mm • ZENMUSE XT2: $1,3200 • 640 x 512, Radiometric, 30Hz, 13mm • ZENMUSE XT2: $13,200 • 640 x 512, Radiometric, 30Hz, 19mm • ZENMUSE XT2: $14,700 • 640 x 512, Radiometric, 30Hz, 25mm • ZENMUSE X5: $1,799 Pairs the FLIR Tau 2 thermal sensor and a 4K visual camera. Useful for flying in low -light conditions and revealing subtle temperature differences (applications include geothermal detection, fire protection, building inspection, etc.) ZENMUSE X5 Shoots 16 Megapixel photos with zoom functionality and 4K video. Improved low light performance 27 `- IFTWARE or • # 4 /d o {' a�t�lt— EVIDENCE LIVE STREAMING* MANAGEMENT SITUATIONAL AWARENESS SECURE DATA INGEST Real-time eyes on the • Secure and seamless data scene at the situation. transfer. Stay involved remotely with • Maintain chain of custody off -scene live streaming. from flight to courtroom. • Nit available at General Availability, planned for release in 2019 PRICING 2019 EARLY BIRD* PROGRAM MANAGEMENT* TRAINING, RESOURCE, AND RISK MANAGEMENT • Management and documentation of pilots, aircraft, certifications, and training. • An end -to -end system from pre-flight to courtroom. 2019 STANDARD Axon Air License $50/mo $75/mo Axon Air License + Fleet 1:201 $35/mo $60/mo Axon Air License + Fleet 1:12 $25/mo $50/mo (56% discount (s3s5 c -c -_-Q All prices shown are monthly, however contracts are to be quoted In annual terms. • Valid an quotes made through September 2019, after which pricing will Increase to 2019 standard prices. Price for Mon Air licenses remains constant throughout the term. Acd Corel licenses purchased will be at the current rate. I Reel Pricing remains standard. Axon Air License pricing requires purchase of one drone and at least one Axon Air license for every 20 Fleet vehicles or greater fi.e. 1 in 10). Must be r,ace at time of Fleet purchase. 2 Reet Pricing remains standard. Axon Air License pricing requires purchase of one drone and at least one Avon Air license for every agency Feet vehicle. Must be made at time of Feet purchase. Maui . MatriCe, Phantom, Inspire, and CrystalSky are trademarks of SZ DJI Technology, Co., Ltd. Zenmuse is a trademark of SZ OJI Osmo Technology Co.. Ltd. FLIR and Tau are trademarks or F JR Systems.Inc. A.A AXON. AxoR Axon AL and Rest are trademarks of Axon Enterprise, Inc, some ofwhich are registered in the US and other countries. For more information, visit wwwaxon.Wovlegal. All rights reserved. 02019 Axon Enterprise, Inc m REV 0 Ak- April 5, 2019 To: United States federal, state, local and municipal law enforcement agencies Re: Sole Source Letter for Axon Enterprise, Inc.'s Axon brand products and Axon Evidence (Evidence.com) Data Management Solutions' A sole source justification exists because the following goods and services required to satisfy the agency's needs are only manufactured and available for purchase from Axon Enterprise. Axon Digital Evidence Solution Description Axon Body 3 Video Camera (DVR) • Improved video quality with reduced motion blur and better low -light performance • Multi-mic audio —four built-in microphones • Wireless upload option • Gunshot detection and alerts • Streaming audio and video capability • "Find my camera" feature • Verbal transcription with Axon Records (coming soon) • End -to -end encryption • Twelve-hour battery • Up to 120-second buffering period to record footage before pressing record button Axon Flex 2 Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 0.1 lux • Audio tones to alert user of usage • Low SD, high SD, low HD, and high HD resolution (customizable by the agency) • Up to 120-second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available • 120-degree diagonal field of view camera lens, 102-degree horizontal field of view, and 55-degree vertical field of view Axon Flex 2 Controller • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Haptic notification available • Tactical beveled button design for use in pocket • Compatible with Axon Signal technology Axon Body 2 Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux Axon is also the sole developer and offeror of the Evidence.com data management services. Evidence.com is both a division of Axon and a data management product solution offered by Axon. Evidence.com is not a separate corporate entity. 29 A XC�N • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option • Wi-Fi capability • High, medium, and low quality recording available (customizable by the agency) • Up to 2-minute buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143-degree lens • Includes Axon Signal technology Axon Fleet 2 Camera • Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with other Axon Fleet and Axon on -officer cameras allows for multi -camera playback on Axon Evidence. • Immediate upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM). • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit • Decentralized system architecture without a central digital video recorder (DVR). • Cameras that function independently and communicate wirelessly with the computer in the vehicle (MDT, MDC, MDU) for reviewing, tagging and uploading video. • Wireless record alert based on Bluetooth communication from Axon Signal Vehicle when a configured input is enabled (e.g. emergency light, siren, weapon rack, etc.). • Receives alerts from Axon Signal Sidearm. • Plug -And -Play design allowing for cameras to be easily replaced and upgraded. • Ability for an unlimited number of agency vehicles recording in the same vicinity with an Axon Fleet system to be automatically associated with one another when reviewing video in the video management platform. This feature is also supported across body cameras. Axon Signal Unit (ASU) • Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal Performance Power Magazine (SPPM) • Battery pack for the TASER X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras. Axon Signal Sidearm Sensor • Can be installed on common duty holsters • Drawing a service handgun from the holster sends a signal from the Axon Signal Sidearm sensor. Upon processing the signal, an Axon system equipped with Axon 30 Signal technology transitions from the BUFFERING to EVENT mode. Axon Interview Solution • High -definition cameras and microphones for interview rooms • Covert or overt camera installations • Touch -screen user interface • Motion -based activation • Up to 7-minute pre- and post -event buffering period • Full hardware and software integration • Upload to Axon Evidence services • Interview room files can be managed under the same case umbrella as files from Axon on -officer cameras and Axon Fleet cameras; i.e., Axon video of an arrest and interview room video are managed as part of the same case in Axon Evidence • Dual integration of on -officer camera and interview room camera with Axon Evidence digital evidence solution Axon Signal Technology • Sends a broadcast of status that compatible devices recognize when certain status changes are detected • Only compatible with TASER and Axon products Axon Dock • Automated docking station uploads to Axon Evidence services through Internet connection • No computer necessary for secure upload to Axon Evidence • Charges and uploads simultaneously • The Axon Dock is tested and certified by TUV Rheinland to be in compliance with UL 60950-1: 2007 R10.14 and CAN/ CSA-C22.2 N0.60950-1-07+AI:2011+A2:2014 Information Technology Equipment safety standards. Axon Evidence Data Management System • Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff. no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access to evidence based on pre -defined roles and permissions and pre- defined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi -factor authentication support • Automated category -based evidence retention policies assists with efficient database management • Ability to recover deleted evidence within seven days of deletion • Stores and supports all major digital file types: .mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats 31 6� AXON • Ability to upload files directly from the computer to Axon Evidence via an Internet browser • Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256-bit AES encryption for data in storage Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault- and disaster -tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff • Protection: With no on -site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure • Stability: Axon Enterprise is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program • Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search 7 fields in addition to 5 category -based fields, create cases for multiple evidence files Axon Evidence for Prosecutors • All the benefits of the standard Axon Evidence services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Axon Evidence services • Unlimited storage for data collected by Axon cameras and Axon Capture Axon Capture Application • Free app for iOS and Android mobile devices • Allows users to capture videos, audio recordings, and photos and upload these files to their Axon Evidence account from the field • Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data Axon Commander Services • On -premises data management platform • Chain of custody reports with extensive audit trail • Automated workflows, access control, storage, and retention • Compatible with multiple file formats Axon View Application • Free app for iOS and Android mobile devices • Allows user to view the camera feed from a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 camera in real-time • Allows for playback of videos stored on a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 system • Allows adding meta -data to videos, such as: Category, Title, Case ID, and GPS data 32 Axon Records • Continuously improving automated report writing by leveraging Al and ML on officer recorded video, photo, and audio from BWC, In -Car, Mobile App (Axon Capture), or other digital media • Collaborative report writing through instantly synced workspaces allowing officers to delegate information gathering on scene • Instant access to records allowing detectives to begin their investigation and records clerks to update information exchanges on things like missing people or stolen property as soon as possible • Complete leveraging of Axon Evidence sharing to allow fast, efficient, digital, and secure sharing of records and cases to DAs and Prosecutors • Robust API and SDK allows data to be easily ingested and pushed out to other systems —preventing data silos • Deep integration with Axon Evidence putting video at the heart of the record and automating the process of tagging and categorizing digital evidence stored in Axon Evidence • Automatic association of digital evidence to the record and incident through Axon Evidence integration • In context search of master indexes (people, vehicles, locations, charges) — promoting efficient report writing through prefilling of existing data which promotes clean and deduped data in the system • Quick views for users to track calls for service and reports in draft, ready for review, kicked back for further information, or submitted to Records for archiving. • Federal and State IBRS fields are captured and validated —ensuring the officer knows what fields to fill and what information needs to be captured • Intuitive validation ensures officers know what information to submit without being burdened by understanding the mapping of NIBRS to state or local crime codes • Ability to create custom forms and add custom fields to incident reports —allowing your agency to gather the information you find valuable • Software as a Service (SaaS) delivery model that allows agencies to write, manage, and share digital incident reports without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share records and cases with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access based on pre -defined users, groups, and permissions • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi -factor authentication support • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault- and disaster -tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff 33 ��k \XON Axon Professional Services • Dedicated implementation team • Project management and deployment best practices aid • Training and train -the -trainer sessions • Integration services with other systems Axon Support Engineer: • Dedicated Axon Regional/Resident Support Engineer Services • Quarterly onsite visits • Solution and Process Guidance custom to your agency • White -Glove RMA and TAP (if applicable) Service for devices • Monthly Product Usage Analysis • Resident Support Engineer also includes onsite product maintenance, troubleshooting, and beta testing assistance Axon Customer Support • Online and email -based support available 24/7 • Human phone -based support available Monday —Friday 7:00 AM-5:00 PM MST; support is located in Scottsdale, AZ, USA • Library of webinars available 24/7 • Remote -location troubleshooting AXON Axon Brand Model Numbers 1. Axon Body 3 Camera Model: 73202 2. Axon Flex 2 Cameras: • Axon Flex 2 Camera (online) Model: 11528 • Axon Flex 2 Camera (ofFline) Model: 11529 3. Axon Flex 2 Controller Model: 11532 4. Axon Flex 2 USB Sync Cable Model: 11534 5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48" (1.2 m) 6. Axon Flex 2 Camera Mounts: • Oakley Flak Jacket Kit Model: 11544 • Collar Mount Model: 11545 • Oakley Clip Model: 11554 • Epaulette Mount Model: 11546 • Ballcap Mount Model: 11547 • Ballistic Vest Mount Model: 11555 34 7. Universal Helmet Mount Model: 11548 8. Axon Body 2 Camera Model: 74001 9. Axon Flex 2 Controller and Axon Body 2 Camera Mounts: • Z-Bracket, Men's, Axon RapidLock Model: 74018 • Z-Bracket, Women's Axon RapidLock Model: 74019 • Magnet, Flexible, Axon RapidLock Model: 74020 • Magnet, Outerwear, Axon RapidLock Model: 74021 • Small Pocket, 4" (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6" (15.2 cm), Axon RapidLock Model: 74023 • MOLLE Mount, Single, Axon RapidLock Model: 11507 • MOLLE Mount, Double, Axon RapidLock Model: 11508 • Belt Clip Mount, Axon RapidLock Model: 11509 10. Axon Fleet Camera • Axon Fleet 2 Front Camera: 71079 • Axon Fleet 2 Front Camera Mount: 71080 • Axon Fleet 2 Rear Camera: 71081 • Axon Fleet 2 Rear Camera Controller: 71082 • Axon Fleet 2 Rear Camera Controller Mount: 71083 • Axon Fleet Battery System: 74024 • Axon Fleet Bluetooth Dongle: 74027 11. Axon Signal Unit Model: 70112 12. Axon Dock Models: • Axon Dock — Individual Bay and Core for Axon Flex 2 • Axon Dock — 6-Bay and Core for Axon Flex 2 • Individual Bay for Axon Flex 2 Model: 11538 • Core (compatible with all Individual Bays and 6-Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033 • Axon Dock — Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock — 6-Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011 13. Axon Signal Performance Power Magazine (SPPM) Model: 70116 Axon Product Packages 1. Officer Safety Plan: includes a CEW, Axon camera and Dock upgrade, and Axon Evidence license and storage. See your Sales Representative for further details and Model numbers. 2. TASER Assurance Plan (TAP): Hardware extended coverage, Spare Products (for Axon cameras), and Upgrade Models, for the Axon Flex camera and controller, Axon Body camera, and Axon Dock. (The TAP is available only through Axon Enterprise, Inc.) 35 Al A X 0 N SOLE AUTHORIZED DISTRIBUTOR FOR SOLE AUTHORIZED REPAIR FACILITY AXON BRAND PRODUCTS FOR AXON BRAND PRODUCTS Axon Enterprise, Inc. Axon Enterprise, Inc. 17800 N. 8e Street, Scottsdale, AZ 86255 17800 N. 81P Street, Scottsdale, AZ 85255 Phone: 480-905-2000 or 800-978-2737 Phone: 480-905-2000 or 800-978-2737 Fax: 480-991-0791 Fax: 480-991-0791 Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions. Sincerely, .Josh Isner Chief Revenue Officer Axon Enterprise, Inc. Android is a trademark of Google, Inc., Bluetooth is a trademark of the Bluetooth SIG, Flak Jacket is a trademark of Oakley, Inc, Pod Touch is a trademark of Apple Inc, iOS is a trademark of Cisco, LTE is a trademark of the European Telecommunications Standards Institute, Shoei is a trademark of Shoei Co., Ltd., VELCRO is a trademark of Velcro Industries, B.V., and Wi-Fi is a trademark of the Wi-Fi Alliance. A, A AXON, Axon, Axon Body, Axon Body 2, Axon Body 3, Axon Capture, Axon Dock, Axon Evidence, Axon Fleet, Axon Fleet 2, Axon Flex, Axon Flex 2, Axon Interview, Axon Rapldl-ock, Axon Records, Axon Signal, Axon Signal Sidearm, Axon Signal Vehicle, Axon View, Evidence.com, X2, X2613, and TASER are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more Information, visit www.axon.comllegal. All rights reserved. © 2019 Axon Enterprise, Inc. 36 TASER International Protect Life. Protect 7ruth. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: John Barzola (305) 663-6301 (305) 663-6353 jbarzola@southmiamifl.gov southmiamifl.gov Bill To: South Miami Police Dept. -FL 6130 Sunset Dr South Miami, FL 33143 US Ship To: John Barzola South Miami Police Dept. -FL 6130 SW. 72ND ST. South Miami, FL 33143 US TASER Quotation Quote: Q44295-5 Date: 1/12/2016 7:18 AM Quote Expiration: 1/15/2016 Contract Start Date*: 12/112015 Contract Term: 5 years SALESPERSON PRONE I EMAIL I DELIVERY mrnm PAYMENT METHOD Sam Phillips sphillips@tascr.com I Fedex - Ground Net 30 *Note this will vary based on the shipment date of the product. Program Start - Year I ( Due Net 30) QTY ITEM # DESCRIPTION UNIT TOTAL BEFORE DISCOUNT (S) NET TOTAL PRICE DISCOUNT 40 74001 AXON CAMERA ASSEMBLY, ONLINE, USD 399.00 USD 15,960.00 USD 0.00 USD 15.960.00 AXON BODY 2, BLK 40 74020 MAGNET MOUNT. FLEXIBLE„ AXON USD 0.00 USD 0.00 USD 0.00 USD 0.00 BODY 2 40 74021 MAGNET mouNT. THICK OUTERWEAR. USI) 0.00 USD 0.00 USD 0.00 USD 0.00 AXON BODY 2 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 40 85123 EVIDENCE.COM UNLIMITED LICENSE USD 948.00 USD 37.920.00 USD 8,000.00 USD 29,920.00 YEAR I PAYMENT 1.600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 1 85144 AXON STARTER USD USD 2.500.00 USD 0.00 USD 2.500.00 2.500.00 Program Start + Year I(Due Net 30) Total Before Discounts: USD 68,357.00 USD 8,000.00 Program Start+ Year I(Due Net 30) Discount: USD 60,357.00 Program Start + Year I(Due Net 30) Net Amount Due: 37 Pagel of 3 Year 2 Due 2016 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT M NET TOTAL 40 85124 EVIDENCE.COM UNLIMITED LICENSE YEAR 2 PAYMENT USD 948.00 USD 37,920.00 USD 0.00 USD 37,920.00 1,600, 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 7 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 1,512.00 USD 0.00 USD 1,512.00 Year 2 Due 2016 Total Before Discounts: Year 2 Due 2016 Net Amount Due: USD 39,432.00 USD 39,432.00 Year 3 Due 2017 QTV ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 40 85125 EVIDENCE.COM UNLIMITED LICENSE YEAR 3 PAYMENT USD 949.00 USD 37,920.00 USD 0.00 USD 37.920.00 1,600i 93110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 7 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 1,512.00 USD 0.00 USD 1.512.00 Year 3 Due 2017 Total Before Discounts: Year 3 Due 2017 Net Amount Due. USD 39,432.00 USD 39,432.00 Year 4 Due 2018 QTY ITEM 0 DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 40 95126 EVIDENCE.COM UNLIMITED LICENSE YEAR 4 PAYMENT USD 949.00 USD 37,920.00 USD 0.00 USD 37,920.00 1,6DO 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 7 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 1,512.00 USD 0.00 USD 1,512.00 Year 4 Due 2019 Total Before Discounts: Year 4 Due 20IS Net Amount Due: USD 39,432.00 USD 39,432.00 Year 5 Due 2019 QTV ITEM 0 DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 40 85127 EVIDENCE.COM UNLIMITED LICENSE YEAR 5 PAYMENT USD 948.00 USD 37,920.00 USD 0.00 USD 37,920.00 1,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 7 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 1,512.00 USD 0.00 USD 1,512.00 Year 5 Due 2019 Total Before Discounts: Year 5 Due 2019 Net Amount Due: USD 39,432.00 USD 39,432.00 Spam QTV ITEM # DESCRIPTION UNIT TOTAL BEFORE DISCOUNT (S) NET TOTAL PRICE DISCOUNT 1 74001 AXON CAMERA ASSEMBLY, ONLINE, USD 0.00 USD 0.00 USD 0.00 USD 0.00 AXON BODY 2, BLK 1 74021 MAGNET MOUNT, THICK OUTERWEAR, USD 0.00 USD 0.00 USD 0.00 USD 0.00 AXON BODY 2 Page 2 of 3 38 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL. 1 74020 MAGNET MOUNT. FLEXIBLE, AXON BODY 2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 Spares Total Before Discounts: Spares Net Amount Due: USD 0.00 USD 0.00 Subtotal USD 218,085.00 Estimated Shipping & Handling Cost USD 317.10 Grand Total USD 218,402.10 Axon Pre -order Thank you for your interest in Axon! This pre -order is a commitment to purchase Axon Body 2 and/or Axon Fleet. Axon Body 2 is available for delivery between February I, 2016 and February 14, 2016. Axon Fleet is available for delivery between August I, 2016 and August 14, 2016. You will be notified if there are any delays. TASER reserves the right to make product changes without notice. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you arc entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers or, in the alternative, TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers for Sales with Financing if your purchase involves financing with TASER. If your purchase includes the TASER Assurance Plan (TAP), then you arc also agreeing to TASER's current Sales Terms and Conditions for the AXON FlexT`t and AXON BodyTM Cameras 'TASER Assurance Plan (U.S. Only) and/or Sales Terms and Conditions for the X2/X26P and TASER CAM HD Recorder TASER Assurance Plan (U.S. Only), as applicable to your product purchase. All of the sales terms and conditions, as well as, the TAP terms and conditions are posted at le IWIL%%%-ww.lascr.cont!sales-terms-and-conditions. ) f your purchase includes AXON hardware and/or EVIDENCE.com services you arc also agreeing to the terms in the F Vi DFNCE.com Master Service Agreement posted at ht s://www taser.corn/serviceagreement14. If your purchase includes Professional Services, you are also agreeing to the terms in the Professional Service Agreement posted at htips://%vw%v.taser.com/profcs. if your purchase includes Integration Services, you are also agreeing to the tern in the SOW posted at https://NvNvw.laser.com/intczrationstaternentofxvork 14. You represent that you arc 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 TASER that you have legal authority to bind that entity. If you do not have this authority. do not sign this Quote. Signature: Name (Print): PO# (if needed): Date: Title: Please sign and email to Sam Phillips at sphillips(ataser.com or fax to -— Signed by City Attorney as to form and legality and subject to the attachment hereto of all applicable agreements which have been signed by me. I HANK YUU FUR YOUR 13USINhSS! 'Protect Life' and 0 are trademarks of TASER international, Inc., and TASERX is a registered trademark of TASER International, inc.. registered in the U.S. C 2013 TASER Intcmational. Inc. All rights rescrw-d. 39 Page 3 of 3 TASER International, Inc. s Sales Terms and Conditions for the Evidence.com Dock and AXON flex/° and AXON body Cameras TASER Assurance Plan (U.S. Only) (Effective May 15, 2015) These Sales Terms and Conditions ("Termsl apply to your purchase of the TASER° Evidence.com Dock ("Dock"), AXON flex' cameralAXON body camera, related accessories, and the TASER Assurance Plan ("TAP").1 The products and TAP are expressly subject to and conditioned upon the Terms set forth below. By signing a quote, issuing a purchase order, or accepting delivery of the products, you accept and are bound to these Terms. Any different or additional terms set forth by you, whether in a purchase order or another communication, are expressly objected to and will not be binding on TASER. TASER Assurance Plan (TAP). TAP may be purchased as part o` the Evidence.com Ultimate License ("Ultimate License"), Didence.com Unlimited License ("Unlimited License"), Officer Safety Plan ('OSP"), or on a standalone basis. If TAP is purchased on a standalone basis, TAP's purchase price does not include any initial hardware, software and the Evidence.com services must be purchased separately. TAP provides you with hardware extended warranty coverage, Spare Products (for AXON cameras), and Upgrade Models at the end of the TAP Term. TAP only applies to the AXON flex camera and controller, AXON body camera, or Dock, depending on the plan purchased. TAP does not apply to software or services offered for, by, on, or through the TASER.com or Evidence.00m websiles. To quality to purchase TAP, you must either purchase: (a) Ulfimate or Unlimited Licenses for a 3-year term; (b) OSP for a 5-year term; or (c) standalone TAP and Evidence.com services for at least 3 years. You may not buy more than one TAP for any one AXON camera or Dock product. TAP must be purchased for all AXON cameras/ Docks purchased by your agency after your agency elects to participate in TAP. 7AP Warranty Coverage. See TASER's current Hardware Warranty, Limitations and Release for Law Enforcement CEW Products and On -Officer Cameras at www.TASER.00m CHardware Warranty"). TAP includes the extended warranty coverage described in the current Hardware Warranty. TAP for the AXON camera products also includes free replacement of the AXON flex controller battery and AXON body battery during the TAP Term.2 TAP warranty coverage starts at the beginning of the TAP Term and continues as long as you continue to pay the equired annual fees for TAP. You may not have both an optional extended warranty and TAP on the AXON camera/Dock product. SPARE AXON cameras. For TAP for AXON camera products, TASER will provide a predetermined number of spare AXON cameras (and controllers if applicable) (collectively the "Spare Products") to you to keep at your agency location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. You must return to TASER, through TASER's RMA process, any broken or non-functioning units for which a Spare Product is utilized, and TASER will repair or replace the non-functioning unit with a replacement product. TASER warrants it will repair or replace the unit which 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 TASER's sole option. You may not buy a new TAP for the replacement product or the Spare Product. Within 30 days of the end of the TAP Term you must return to TASER all Spare Products. You will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products not returned to TASER. If all the Spare Products are returned to TASER, then TASER will refresh your allotted number of Spare Products with Upgrade Models if you purchase a new TAP for the Upgrade Models, TAP Upgrade Models. Upgrade Models to be provided as follows during and/or after the TAP Term: (i) after 3 years if you purchased 3 years of Evidence.com serviceslUltimale Licenses/Unlimited Licenses and all TAP payments are made; or (ii) once after 2.5 years and once again after 5 years if you purchased 5 years of Evidence.com services/Ultimate licenses/Unlimited LicenseslOSP and made all TAP payments. Any products replaced within the six months prior to the scheduled upgrade will be deemed the Upgrade Model. Thirty days after you receive the Upgrade Models, you must return the products to TASER or TASER will deactivate the serial numbers for the products for which you received Upgrade Models unless you purchase additional Evidence.com licenses for the AXON camera products you are keeping. You may buy a new TAP for any Upgraded Model. TAP AXON Camera Upgrade Models. If you purchased TAP as a stand-alone service, then TASER will upgrade the AXON camera (and controller if applicable), free of charge, with a new on -officer video camera that is the same product or a like product, at TASER's sole option. TASER makes no guarantee that the Upgrade Model will utilize the same accessories or Dock. If you would like to change product models for the Upgrade Model, then you must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model you desire to acquire. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. If you purchased Ultimate License, Unlimited License or OSP, then TASER will upgrade the AXON camera (and controller if 1 These terms apply when you purchase TAP as a stand-alone service for for Docks. AXON camera products or Docks or as pan of the Ultimate License, z Applies to replacement for batteries which fail to function for any reason Unlimited License or OSP. The Ultimate and Unlimited Licenses do not not excluded by the Hardware Warranty. include TAP coverage for Docks. The OSP does include TAP coverage A,R., Sn,., ,.. v.waowu,n�xn ur..MJ.n...aen,xy nntl "xd, P..'-nnJIJM, "e.,,�unn.,,,issx p„w.w n,n N s. vnM (D TASER Page 1 of G9, TASER International, Inc.'s Sales Terms and Conditions for the Evidence.com Dock and AXON flexTm and AXON body Cameras TASER Assurance Plan (U.S. Only) (Effective May 15, 2015) applicable), free of charge, with a new on -officer video camera of your choice. TAP Dock Upgrade Models. TASER 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 TASER's sole option. If you would like to change product models for the Upgrade Model or add additional bays, then you must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model you desire to acquire. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. TAP Tenn. 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 1st 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. TAP Termination. if an invoice for TAP is more than 30 days past due or your agency defaults on its payments for the Evidence.com services then TASER may terminate TAP and all outstanding AXON product related TAPs with your agency. TASER will provide notification to you that TAP coverage is terminated. Once TAP coverage is terminated, then: 1. TAP coverage will terminate as of the date of termination and no refunds will be given. 2. TASER will not and has no obligation to provide the free Upgrade Models. 3. You will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products provided to you 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. 4. You will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. TAP Payment Terms. TAP may only be purchased at the point of sale. TASER will separately invoice you on an annual basis for the cost of TAP and you are responsible for payment within 30 days of the invoice (even if TASER does not receive an annual purchase order from you prior to issuing the invoice). The payment due date is based upon the Term start date. If multiple purchases of AXON camera products/Docks have been made, each purchase may have a separate TAP payment due date. Payment will be considered past due if not paid in full or if not received within 30 days of the invoice date. Sales Terms. TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers, located at httt)s://www.taser.com/legal, are also applicable to your purchase. No Assignment. You may not assign the TAP or any related order and you may not delegate your duties under these Terms without TASER's prior written consent, which will not be unreasonably withheld. Entire Agreement. These Terms, along with the quote, sales order acknowledgement, Sales Terms and Conditions for Direct Sales to End User Purchasers, and the applicable product warranty, license and service agreements, constitute the entire agreement between the parties for the purchase of the AXON camera/Dock products and TAP. These Terms supersede and replace any prior agreement or understanding between the parties, including any oral representations concerning the subject matter of this agreement. AXON flex is a trademark of TASER International, Inc., and TASER and Q) are registered trademarks of TASER International, Inc., registered in the U.S. 0 2015 TASER International, Inc. All rights reserved. I111' IAStit Iwln.natlnwdl, Inc. • S.6— fen— nd f.--darn d. I.. a I.Ad..neo.— (Inch wad AWNS I4•" and AXIIII 4..dy ram % IAMR A—ame plan N.S. an1p, mp.nn.n.d Ias.1 V.e", 10 Page 2 of 2 TASER 41 TASER Evidence.com Master Service Agreement By clicking the "I Agree" button or using the Evidence.com'" Services you agree that you have read and understand this Agreement and you accept and agree to be bound by the following terns and conditions. You represent to us 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 us that you have legal authority to bind that entity. If you do not have this authority, do not use the Service Offerings. If you disagree with any of the terms below, we do not grant you the fight to use the Service Offerings and you should dick 'Cancel' to exit the installer and immediately discontinue all use of the Service Offerings. TASER International, Inc. (TASER, we, us, or our) and you or the entity you represent (Agency or you) agree to all terms of the Agreement effective on the date you first agreed to this Agreement or first began using the Service Offerings (Effective Date). 1 Access Rights. Upon the purchase or granting of a subscription from TASER and your opening of an Evidence.com account you will have access and use of the Evidence.com Services for the storage and management of and Your Content during the subscription term ('Term7. This is not a data sharing agreement. We do not continuously audit, inspect, or monitor individual agency content or Your Content. You are not intending to waive or diminish any privacy interests by your use of the Evidence.00m Services. The Evidence.com Services and data storage are subject to usage limits, including, for example, the quantities specified in quotes, order forms and purchase orders. Unless otherwise specified, (a) a quantity in a quote, order form or purchase order refers to end users, and the Evidence.com Service may not be accessed by more than that number of end users, and (b) an end user identification may be reassigned to a new individual replacing one who no longer requires ongoing use of the Evidence.com Service. You and each of your end users agree to adhere to this Agreement and all laws, rules, regulations, and policies applicable to your use of the Evidence.com Services. If you become aware of any violation of this Agreement by an end user, you will immediately terminate that end users access to Your Content and the Evidence.com Services. 2 You Own Your Content. You control and own all right, title, and interest in and to Your Content and we obtain no rights to Your Cortent. You are solely responsible for the uploading, sharing, withdrawal, management and deletion of Your Content. You consent to our limited access to Your Content solely for the purpose of providing and supporting the Evidence.com Services to you and your end users. You represent that you own Your Content; and that none of Your Content or your end users' use of Your Content or the Evidence.com Services will violate this Agreement or applicable laws. 3 Evidence.com Data Security. 3.1 Generally. We will implement commercially reasonable and appropriate measures designed to secure Your Content against accidental or unlawful loss, access or disclosure. We will maintain a comprehensive Information Security Program (ISP) that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence you upload, security education, risk management, and data protection. You are responsible for maintaining the security of you r end user names and passwords and taking steps to maintain appropriate security and access by your end users to Your Content. Log -in credentials are for your internal use only and you may not sell, transfer, or sublicense them to any other entity or person. You agree to be responsible for all activities undertaken by you, your employees, your contractors or agents, and your end user; which result in unauthorized access to your account or Your Content. Audit log tracking for the video data is an automatic feature of the Services which provides details as to who accesses the video data and may be downloaded by you at any time. You will contact us immediately if you believe an unauthorized third party may be using your account or Your Content or if your account information is lost or stolen. 3.2 FBI CJIS Security Addendum. For customers based in the United Stales, we agree 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. Upon request we will provide a signed CJIS Security Addendum Certification for each authorized employee to you or, if it exists, a statewide repository for such documentation. 4 Our Support. We will make available to you updates as released by us to the Evidence.00m Services. Updates may be provided electronically via the Internet. It is your responsibility to establish and maintain adequate access to the Internet in order to receive the updates. We will use reasonable efforts to continue supporting the previous version of any API or software for 6 months after the change (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities). You are responsible for maintaining the computer equipment and Internet connections necessary for your use of the Evidence.com Services. 5 Data Privacy. We will not disclose Your Content or any information about you except as compelled by a court or administrative body or required by any law or regulation. We will give you notice if any disclosure request is received for Your Content so you may file an objection with the court or administrative body. You agree to allow us access to certain information from you in order to: (a) perform troubleshooting services for your account at your request or as part of our regular diagnostic screenings; (b) enforce our agreements or policies governing your use of Evidence.com Services; or (c) perform analytic and diagnostic evaluations of the systems. 6 Data Storage. We will determine the locations of the data centers in which Your Content will be stored and accessible by your end users. For United States customers, we will ensure that all of Your Content stored in the Evidence.com Services remains within the United States including any backup data, replication sites, and disaster recovery sites. You consent to the transfer of Your Content to third parties for the purpose of storage of Your Content. Third party subcontractors responsible for storage of Your Content are contracted by us for data storage services. Ownership of Your Content remains with you. 7 Fees and Payment. Additional end users may be added during the Term at the pricing in effect at the time of purchase of additional end users, prorated for the duration of the Term; except in the case of the Public Agency Optional Licenses described in Section 8.1. Additional Ir F.Ykv®Y o.•.�•k t•v� ✓.,we ea w.em: esmn Page 1 of 7 E116 CDTAS0FR Evidence.com Master Service Agreement 6. Tl O T P C T L 1 C V end user accounts will terminate on the same date as the pre-existing subscriptions. You are responsible for paying all subscription fees and applicable taxes and duties for Evidence.com Services. Unless otherwise specified by us, all fees for Evidence.com Services are due and payable net 30 days for approved credit. Payment obligations are non -cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. We reserve the right to charge additional fees for you exceeding your purchased storage amounts or for TASER's assistance in the downloading or exporting of Your Content. We may charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments. If a delinquent account is sent to collections, you are responsible for all collection and attomeys' fees. 8 Optional Subscription License Tiers. This Section 8 applies to the optional subscription licenses listed below. You may elect to be billed upfront or annually for these optional subscription licenses, and that election will be reflected on your quote. The optional subscription license prices do not include the purchase price of any hardware or data storage of other data files generated from non -Axon cameras or the Evidence Mobile App. If the optional subscription license is terminated early, no refunds or credits will be given. This Section 8 does not apply if you do not purchase any of the Optional Subscription License Tiers. 8.1 Public Agency Optional Licenses. Each of the optional subscription licenses in this Section 8.1 must be purchased at the point of sale of the hardware. Any hardware provided under the optional subscription licenses is subject to TASER's current Hardware Warranty, Limitations and Release for Law Enforcement CEW Products and On -Officer Cameras available at https:llwww.taser.cornnegal. 8.1.1 Evidence.com Ultimate License. Each Evidence.com Ultimate License includes the benefits of the Evidence.com Pro License, 20 GB of storage, and TAP for the Axon camera. TASER's current Sales Terms and Conditions for the Axon Flex® and Axon Body Cameras TASER Assurance Plan (U.S. Only) (TAP) are available at https://www.taser.com/legal. 8.1.2 Evidence.com Unlimited License. Each Evidence.com Unlimited License includes the benefits of the Evidence.com Ultimate License and unlimited data storage for Axon camera and Evidence Mobile generated data in the Evidence.com Services. You must implement a data retention schedule in the Evidence.com Services for the management of Your Content stored in the Evidence.com Services to qualify for the Evidence.com Unlimited License. We reserve the right, in our sole discretion, to place any data stored in your Evidence.com accounts and not viewed or accessed for 6 months into archival storage. Data stored in archival storage will not have immediate availability and may take up to 24 hours to access. The Evidence.com Unlimited License must be purchased for a 3- or 5-year term. 8.1.3 Officer Safety Plan. The Officer Safety Plan includes all the benefits of the Evidence.com Unlimited license, TAP for the Evidence.com Dock, one TASER brand conducted electrical weapon (CEW) with a 4-year extended warranty, one CEW battery, and one CEW holster of your choice. At any time during the Officer Safety Plan term you may choose to receive the CEW, battery and holster by providing a $0 purchase order (orders may take 4-6 weeks to process). At the time you elect to receive the CEW, you may choose from any CEW model currently offered by us. The Officer Safety Plan must be purchased for a 5-year term. If the Officer Safety Plan is terminated before the end of the tern and you did not receive your CEW, battery and holster then we will not and have no obligation to provide these items or a credit under the Officer Safety Plan. If the Officer Safety Plan is terminated before the end of the term and after you receive your CEW, battery and holster then then: (a) you will be invoiced for the remainder of the MSRP for the CEW, battery, and holster not already paid as part of the Officer Safety Plan before the termination date; or (b) only in the case of termination for non -appropriations, return the CEW, battery and holster to us within 30 days of the date of termination. 8.2 Prosecutor Licenses. Each Prosecutor Standard License and Prosecutor Professional License includes unlimited data storage for Axon camera and Evidence Mobile generated data shared through the Evidence.com Services. You must implement a data retention schedule for the storage of relevant evidence and case related data in the Evidence.com Services for the management of Your Content stored in the Evidence.com Services to qualify for the Evidence.com Prosecutor Standard License or Prosecutor Professional License. We reserve the right, in our sole discretion, to place any data stored in your Evidence.com accounts and not viewed or accessed for 6 months into archival storage. Data stored in archival storage will not have immediate availability and may take up to 24 hours to access. 9 Suspension of Evidence.com Services. We may suspend your or any end user's right to access or use any portion or all of the Evidence.com Services immediately upon notice to you if we determine: 9.1 Your or an end user's use of or registration for the Evidence.com Services @ 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 us, our affiliates, or any third party to liability, or (iv) may be fraudulent; 9.2 You are, or any end user is, in breach of this Agreement, including if you are delinquent on your payment obligations for more than 30 days; or 9.3 You have become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding. 9.4 If we suspend your right to access or use any portion or all of the Evidence.com Services, you remain responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension. We will not delete any of Your Content on Evidence.com as a result of your suspension, except as specified elsewhere in this Agreement. 10 Tenn. 10.1 Subscription Tenn. The start date of the Term of this Agreement will be determined based upon the shipment date of any hardware ordered as authorized by you in a signed quote or purchase order and will remain in effect for the subscription Term agreed to in the quote or purchase agreement together with any renewal Terms until terminated as provided in this Agreement. If the hardware is shipped in the first half of a month, then the Term starts on the 1 st of the following month. If the hardware is shipped in the last half of a month, then the TUJ.: &kUnwtom Us%" sGrAm Agracmaet .e `"al 43 venim 1JA RW64" now. 95M5 Page 2 of 7 TASER Evidence.com Master Service Agreement Term begins on the 15e of the following month. If no hardware is purchased, then the Term will begin on the first of the month following the invoice date of the initial invoice containing the licenses. If the quote or purchase agreement contains multiple hardware shipments, the start date of the agreement is based upon the first hardware shipment, and the services related to the remaining shipments will be prerated and co - tamed with the initial start date. This Agreement automatically renews for additional successive Terms of one (1) year each after the completion of your initial Term at the list prices then in effect, unless you give us written notice of cancellation sixty (60) days prior to the end of a Term. 102 Free Trial Term. If you signed up for a free trial, you are granted a limited non-exclusive license to use the Evidence.com Services for the term of the free trial period (Trial Term). Upon the expiration of the Trial Tern you must purchase the Evidence.00m Services to continue to use the Evidence.com Services to access Your Content 10.3 Free Evtdence.com Lite Account. If you signed up for a free Evidence.com Lite account, you are granted a limited non- exclusive license to use the Evidence.com Ute Services. Your use of the Evidence.00m Lite Services is not limited to a specific term and you may cancel your Evidence.com Lite account and download Your Content at any time. Evdence.00m Lite allows users to manage their conducted electrical weapon (CEW) firing logs and TASER CAM data. 11 Termination. 11.1 Termination for Cause. 11.1.1 By Either Pa lv. Either party may terminate this Agreement for cause upon 30 days advance notice to the other parry 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 you terminate this Agreement under this Section and we failed to cure the material breach or default, we will issue you a refund of any prepaid amounts on a prorated basis. 11.1.2 By Agency. You are obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during your 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 you. You agree to deliver not, ce of termination under this Section (11.1.2) at least 90 days prior to the end of the then current fiscal year. 11.2 Effect of Termination. Upon any termination of this Agreement: (a) all your rights under this Agreement immediately terminate; (b) you remain responsible for all fees and charges you have incurred through the date of termination; and (c) Sections 2, 5-7, 12, 13 (except the license granted to you in Section 13),14, and 16-20 will continue to apply in accordance with their terms. 12 Return of Your Content. 12.1 During the Tenn. You can log into the Evidence.com Services to retrieve and manually download Your Content at any time during the Term. 12.2 After Termination. We will not delete any of Your Content as a result of a termination during the 90 days following termination. During this 90-day period you may retrieve Your Content only if you have paid all amounts due (there will be no application functionality of the Evidence.com Services during this 90-day period other than the ability for you to retrieve Your Content). You will not incur any additional fees it you download Your Content from the Evidence.com Services during this 90-day period. We have no obligation to maintain or provide any of Your Content after the 90-day period and will thereafter, unless legally prohibited, delete all of Your Content stored in the Evidence.com Services. Upon request, we will provide written proof that all of Your Content has been successfully deleted and fully removed from the Evidence.com Services. 12.3 Post -Termination Assistance. We will provide you with the same post -termination data retrieval assistance that we generally make available to all customers. Requests that we provide additional assistance to you in downloading or transferring Your Content m9 result in additional fees from us and we will not warranty or guarantee data integrity or readability in the external system. 13 IP Rights. We or our licensors own and reserve all right, title, and interest in and to the Evidence.= Services and related software. Subiect to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Evidence.00m Services solely in accordance with this Agreement during the Term. We own all right, bile, and interest in and to the Evidence.com Services, including without limitation all Intellectual Property Rights. If you or your end users provide any suggestions to us for enhancements or improvements, we will own all right, titre, and interest in and to the suggestions and have the right to use the suggestions without restriction, even if you or your end users have designated the suggestions as confidential. You irrevocably assign to us all right, We. and interest in and to the suggestions and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the suggestions. 14 License Restrictions. Neither you nor any of your end users may use the Evidence.com Services in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor any of your end users may, or 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.00m Services, or allow any others to do the same; (it) access or use the Evidence.com Services in a way intended 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, ii,: 6 W on[emm 34ur Svnb Ppnmrn, Lq.m[ne Lep.l Page 3 44 SJ,.,u o.i.: Smms 0( 7 TASER Evidence.com Master Service Agreement n n o• F n• 4 r F E functions, or graphics of the Evidenoe.com Services; (i) remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of ours or our licensors on or within the Evidence.com Services or any copies of the Evidence.com Services; or 0) 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 to you in this Agreement are conditional on your continued compliance this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Evidence.com Services you have used. You may only use our trademarks in accordance with the TASER Trademark Use Guidelines (located at www.TASER.com). 15 Third -Party Products and Services. No purchase of third -party products or services is required to use the Evidence.com Services other than a computer and Intemet access. Any acquisition by you of third -party products or services and any exchange of data or Your Content between you and any third -party provider, is solely between you and the applicable third -party provider; including any fees necessary to obtain or use the third -party products or services. We are not responsible for examining or evaluating the content or accuracy of third -party products or services and we do not warrant and will not have any liability or responsibility for any third -party products or services, or for any other materials, products, or services of third parties. If you install or enable Third -Party Applications for use with Evidence.com Services, you acknowledge that we may need to allow providers of those Third -Party Applications to access Your Content as required for the interoperation of the Third -Party Applications with the Evidence.com Services. We are not responsible for any disclosure, modification or deletion of Your Content resulting from any access by Third -Party Application providers. 16 Representations by You. You represent and warrant to us that: (a) you have been duly authorized by the laws of the applicable jurisdiction, and by a resolution of your governing body, if legally required, to execute and deliver this Agreement and to cant' out your obligations under this Agreement; (b) all legal requirements have been met, and procedures have been followed, including public bidding, if legally required, in order to ensure the enforceability of this Agreement; (c) if you are a government agency, that the Evidence.com Services will be used by you only for essential governmental or proprietary functions consistent with the scope of your authority and will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use; (d) if you are a government agency, you have funds available to pay until the end of its current appropriation period, and you intend to request funds to make payments in each appropriation period, from now until the end .of the Tenn; and (e) you are responsible for @ your or any of your end users' use of the Evidence.com Services (including any activities under your account and use by your employees and agents), (ii) breach of this Agreement or violation of applicable law by you or any of your end users, (iii) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third -party rights by Your Content or by the use of Your Content, (tv) a dispute between you and any of your end users, and (v) a dispute between you and any third -party over your collection or use of Your Content. You agree to maintain insurance coverage up to the amount allowed by State and local laws and regulations that would cover any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any third -party claim in this Section 16. 17 Our Warranty. We warrant that the Evidence.com Services (a) will perform materially in accordance with the Documentation, (b) will be performed in a timely and professional manner by qualified persons with the technical skills, training, and experience to perform the Evidence.com Services, and (c) will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. All warranties or guarantees given or made by us with respect to the Evidence.com Services are solely for the benefit of you and your end users and are not transferable and are null and void if you breach any term or condition of this Agreement. THE EVIDENCE.COM SERVICES ARE PROVIDED "AS IS." WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE THAT THE EVIDENCE.COM SERVICES OR THIRD -PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD -PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR THAT THE EVIDENCE.COM SERVICES WILL MEET YOUR REQUIREMENTS. EXCEPT AS PROVIDED IN THIS SECTION 17, TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE EVIDENCE.COM SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. You are solely responsible for. (a) all data before it is uploaded to the Evidence.com Services; (b) configuring and setting up any hardware or networks that you conned to the Evidence.com Services; (c) your networks and how they may interact with the hardware, software, or Evidence.com Services; and (d) any security settings you establish to interact with or on the Evidence.com Services. We disclaim any warranties or responsibility for data corruption or errors before the data is uploaded to the Evidence.com Services. 18 Indemnification by Us. We will defend, indemnify, and hold you harmless, and each of your respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any: (a) acts or omissions of us or our subcontractors or anyone directly or indirectly employed by any of them, TOL Evideame m Man SrrAw AV=mard 45 Orpa-V logo Vonloa 17A Role.+. asv: VMS Page 4 of 7 TASEFA Evidence.com Master Service Agreement save and except for damage or injury caused solely by the negligence of you or your agents, officers, or employees; and (b) third -party claim alleging that the use of the Evidence.com Services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. You must provide us with prompt written notice of each such claim, tender to us the defense or settlement of each such claim at our expense, and cooperate fully with us in the defense or settlement of each such claim. If we receive notice of an alleged infringement, or if your use of the Evidence.00m Services will be prevented by permanent injunction, we may, at our sole option and expense, procure for you the right to continue using the Evidenoe.00m Services as provided in this Agreement, modify the Evidenoe.com Services so that it no longer infringes, replace the Evidence.com Services with other services of equal or superior functional capability, refund to you all amounts paid by you to us under this Agreement for the Evidence.com Services in the 1-year period immediately preceding the first event giving rise to the claim of infringement, or in the case of trademark infringement, instruct you to use an alternative trademark. We have no liability to you or any third party if any alleged infringement or claim of infringement is to any extent based upon: (a) any modification of the Erdence.com Services by you or any third party not approved by us; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved or recommended by us; (c) the use of Evidence.com Services 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 us as part of or in connection with the Ev dence.com Services. Nothing in this Section will affect any warranties in favor of you that are otherwise provided in or arise out of this Agreement. 19 Limitations of Liabilifv. WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE EVIDENCE.COM SERVICES, INCLUDING AS A RESULT OF ANY (i) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE EVIDENCE.COM SERVICES, (ii) OUR DISCONTINUATION OF ANY OR ALL OF THE EVIDENCE.COM SERVICES, OR, (iii) WITHOUT LIMITING ANY OTHER OBLIGATIONS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE EVIDENCE.COM SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (BATHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE EVIDENCE.COM SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, OUR AND OUR AFFILIATES' AND LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF $100,000 OR THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE EVIDENCE.COM SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM. 20 Miscellaneous. 20.1 Definitions. 20.1.1 "Evidence.com Services" means our web services for Evidence.com, the Evidence.com site, EVIDENCE Sync sofware, EVIDENCE Mobile App, Axon® Mobile App, other software, maintenance, storage, and any other product or service provided by us under this Agreement. This does not include any Third -Party Applications, hardware warranties, or the my.evidence.com services. 20.11.2 "Your Content" means software, data, text, audio, video, images or other content you or any of your end users (a) run on the Evidence.com Services, (b) cause to interface with the Evidenoe.00m Services, or (c) upload to the Evidence.com Services under your account or otherwise transfer, process, use or store in connection with your account. 20.1.3 "Documentation" means the user guides, quick reference guides, and other technical and operations manuals and specifications for the Evidence.com Services provided by us, as that documentation may be updated by us from time to time. 20.1.4 "Confidential Information" means all nonpublic information disclosed by us, our affiliates, business partners or ouror their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. Confidential Information includes: (a) nonpublic infcrmation relating to our or our affiliates or business partners' technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third -party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates that is not subject to your public record laws. Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the lime of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the Confidential Information. 20.1.6 "Policies" means any Service Level Agreement, the Trademark Use Guidelines, all restrictions described on the Evdence.00m site, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials. 20.2 Confidentiality. Any party may use the other parry's Confidential Information only as permitted under this Agreement. Except as required by applicable law orjudicial order, you will not disclose our Confidential Information during the Term or at any time during 1Me EvHonnivm lWu. SeMmRpeevux [ymwn[ Iryal v.un; rzo WI�n W,.: LYMIS Page 5 of EN TASER Evidence.com Master Service Agreement • r,so•ccT sire the 5-year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unautnonzea use of our Confidential Information. 20.3 Force Majeure. Neither party 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. 20.4 Independent Contractors. The parties are independent contractors, and neither party, nor any of their respective Mates. is an agent of the other for any purpose or 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. 20.5 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. 20.6 Non-discriminabon and Equal Opportunity. During the performance of this Agreement, we agree that neither we nor our employees wrtl discriminate against any person, whether employed by us 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 us or placed by or on behalf of us, we will state all qualified applicants will receive consideration for employment without regard to race, color, refrgion, gender, age, national origin, handicap, marital status, or political affiliation or belief. 20.7 U.S. Government Rights. The Evidence.com Services are provided to the U.S. Government as "commercial items,' "commercial computer software,' "commercial computer software documentation,° and'technical data° with the same rights and restrictions generally applicable to the Evidence.com Services, If you are 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, you wig immediately discontinue your use of the Evidence.com Services. 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. 20.8 Import and Export Compfiance. In connection with this Agreement, each party will comply with all applicable Import, re- import, export, and re-export control laws and regulations. Including the Export Administration Regulations, the International Traffic in Arms Regulations, and country -specific economic sanctions programs implemented by the U.S. Office of Foreign Assets Control, You are solely responsible for compliance related to the manner in which you choose to use the Evidence.com Services, including your transfer and processing of Your Content, the provision of Your Content to end users, and the region in which any of the foregoing occur. 20.9 Assignment. Neither party may assign or otherwise transfer this Agreement or any of its rights and obligations under this Agreement without the prior written approval of the other party; except that we may assign or otherwise transfer this Agreement or any of our rights or obligations under this Agreement without your consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of our assets, (c) to as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. 20.10 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. All waivers by a party must be in writing and sent in accordance with this Agreement to be effective. 20.11 Severablilty. 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 will remain In full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion wiTI be severed from this Agreement but the rest of the Agreement will remain in full force and effect. 20.12 Goveming Law, Venue. The laws of the state where you are 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. 20.13 Litigation Costs. In the event of any legal action to enforce the provisions of this Agreement, the successful party in enforcing any provision of this Agreement wig be awarded that pays reasonable attomeys' tees and taxable costs. 20.14 Notices. All communications and notices to be made or given pursuant to this Agreement must be in the English language. 20.14.1 To You. We may provide any notice to you under this Agreement by: 0 posting a notice on your specific agency Evidence.com site; or ru) sending a message to the email address(es) then associated with your account Notices we provide by posting on your Evidence.com site will be effective upon posting and notices we provide by email will be effective when we send the email. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email. 20.14.2 To Us. To give us notice under this Agreement, you must contact us: (i) by email transmission to evidencecontracts@taser.com; or (d) by personal delivery, overnight courier or registered or certified mail to TASER International, Inc., ATTN: Evidence Contracts,17800 N. 851h Street, Scottsdale, Arizona 85255. We may update the email or address for notices to us by posting a notice on your Evidence.com site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective 3 business days after they are sent. .8Low 47 Rwom 0M MW Page 6 of 7 �7A TASER Evidence.com Master Service Agreement , a o T e c T L i r• e 20.15 Entire Agreement This Agreement, including the Policies and the quote provided by TASER, is the entire agreement between you and TASER regarding the Evidence.com Services. This Agreement supersedes all prior or contemporaneous representations, undesstandings, agreements, or communications between you and TASER, whether written or verbal, regarding the subject matter of this Agreement. You agree that your purchases are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features of the Evidence.com Services. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. 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 we provide a translation of the English language version of this Agreement, the English language versin of the Agreement will control if there is any conflict. 20.16 Voluntary Agreement. This Agreement was negotiated and executed voluntarily and is not the result of duress, fraud, undue influence or any threat of any kind. All parties had the opportunity to read and consider this Agreement, to consult with counsel, and fully understand the Agreement. 20.17 Time is of the Essence. Time is of the essence in connection with all matters and obligations pertaining to this Agreement. 20.18 Counterparts. If this Agreement form requires the signatures of the parties, then this Agreement may be executed in mutt* counterparts, each of which is considered an original. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of the document as if the original had been received. [Document revised 8-5-20151 Evidenae.com and'Protect life' are trademarks of TASER International, Inc., and TASER, Axon, Axon Flex, and (2) are trademarks of TASER International, Inc., registered in the US and other countries. For more information visit www.TASER comRegal. AN rights reserved. ® 2015 TASER Intemational, Inc. Tat t1WOOM-Mm Nauw SW% * Agrmcmm t*OW Versio.: 12.0 48 �U,s Page 7 of 7 TASER Professional Services Agreement BY ORDERING OR ACCEPTING PROFESSIONAL SERVICES FROM TASER INTERNATIONAL, INC. (TASER) YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU ACCEPT AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. You represent to us 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 us that you have legal authority to bind that entity. If you do not have this authority, do not order or accept the Professional Services. In consideration of the mutual promises contained in this Agreement, the parties agree to all terms of the Agreement effective as of the date you signed the Quote or submit your purchase order, whichever is first (Effective Date). Terms and Conditions This Professional Services Agreement (Agreement) is an agreement between TASER International, Inc. (TASER, we, us, or our) and you or the entity you represent (Agency or you). This Agreement contains the terms and conditions that govern our provision of Professional Services (Services) 1. Term. The term of this Agreement commences on the Effective Date. The actual work to be performed by us is not authorized to begin until we receive the signed Quote or your purchase order, whichever is first. Amounts pre -paid for Services will expire within 6 months of the Effective Date; therefore all Services must be completed within that time period. 2. Scope of Services. The project scope will consist of the Services identified on your Quote. a. The Full -Service Package and Starter Package for the Axon and Evidence.com related Services are detailed below: Description of the Axon Service Packages iPackage System set up and configuration 1 on -site session virtue assistance 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). Dock installation on -site assistance virtual assistance Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. Authenticate Dock with Evidence.com using "admin' credentials from Agency. Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment. Dedicated Project Manager ✓ ✓ Assignment of a specific TASER representative for all aspects of planning the Product rollout (Project Manager). Ideally, the Project Manager will be assigned to the Agency 4-6 weeks prior to rollout. Weekly project planning meetings ✓ Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units, Docks and Evidence.com account training based on size, timing of rollout and Agency's desired level of training. Up to 4 weekly meetings leading up to the Evidence.com Dock installation of not more than 30 minutes in TRW NofeWM al SoMeas Agmemenl eeyanmene Le0al Ve,alon: 10 aeleeee 0ami &HR015 Page t of 6 =i l _r145E=FR Professional Services Agreement Ion th. Best practice implementation planning session-1 on -site ✓ session to: Provide considerations for establishment of video policy and system operations best practices based on TASER's observations with other agencies. Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management. Provide referrals to other agencies using the Axon camera products and Evidence.com services Create project plan for larger deployments. Recommend rollout plan based on review of shift schedules. System Admin and troubleshooting training sessions ✓ 2 on -site sessions —each providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Evidence.com. Axon instructor training training for up to 5 training for up to 2 Prior to general user training on Axon camera systems and individuals at the individuals at the Evidence.com services, TASER's on -site professional services Agency Agency team will provide training for instructors who can support the Agency's subsequent Axon camera and Evidence.com training needs. End user go live training and support sessions 6 on -site sessions 3 on -site sessions Provide individual device set up and configuration assistance; pairing with viewers when applicable; and 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 & riles guide _ Post olive review session on -site assistance virtual assistance b. The Full -Service Package and Starter Package for the CEW related Services are detailed below: Description of the CIEW Service System set up and configuration Packages _.. .> warter 1 on -site session virtual assistance Configure Evidence.com categories & custom roles based on Agency need. Troubleshoot IT issues with Evidence.com. Work with IT to install Evidence Sync software on locked -down computers (if applicable). Register users and assign roles in Evidence.com. _ Dedicated Project Manager ___ _ ___ __ ✓ ___ ✓ Assignment of a specific TASER representative for all aspects of planning the Product rollout (Project Manager). Ideally, the Project Manager will be assigned to the Agency 4-6 weeks prior to rollout. Thl. P,ofeNonal SeMceelgmamw apennenb Legal V.". T.0 gelesep Dab: AI IMS Page 2 of 6 61( TAkE3E-=F1 Professional Services Agreement Best practice implementation planning session to: on -site assistance virtual assistance Provide considerations for establishment of CEW policy and system operations best practices based on TASER's observations with other agencies. Discuss importance of entering metadata for organization purposes and other best practice for digital data management. Provide referrals to other agencies using the TASER CEW products and Evidence.com services. System Admin and troubleshooting training sessions ✓ ✓ On -site sessions —each providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Evidence.com. Instructor training training for up to 3 training for up to 1 TASER's on -site professional services team will provide training individuals at the individual at the on the Evidence.com system with the goal of educating instructors Agency Agency who can support the Agency's subsequent Evidence.com training needs. _ TASER CEW inspection and device assignment ✓ ✓ TASER's on -site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Evidence.com. Annual TASER CEW inspection and firmware update ✓ TASER's on -site professional services team will perform an annual TASER CEW inspection to ensure good working condition and perform any necessary firmware updates for 5 years after the date of the purchase of the Professional Service. Post go live review session on -site assistance virtual assistance c. Initial TASER CEW Instructor Certification Services: For a separate fee as set forth in your Quote, TASER Certified Master Instructor(s) will provide a two-day, CEW-specific basic TASER Instructor certification course in compliance with the most recent version of TASER International's Training Curriculum and Training Materials License Agreement. One service provides training for up to 10 individuals at the agency. d. Additional training days may be added on to any Axon or CEW Service Package for additional fees set forth in your Quote. 3. Out of Scope Services. We are responsible to perform only the Services described on your Quote. Any additional services discussed or implied that are not defined explicitly by the Quote will be considered out of the scope. 4. Delivery of Services. a. Hours and Travel. Our personnel, independent contractors, or consultants 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 our personnel, independent contractors, or consultants to your premises will not be charged as work hours performed. b. Changes to Services. Changes to the scope of Services must be documented and agreed upon by the parties in a change order. If the changes cause an increase or decrease in any charges or cause a scheduling TMe: Rolefflenel Servitts Agreement Dope, .nt Leael venlon: 70 RX.o a Dare: vr+non Page 3 of 6 51 0. TASER Professional Services Agreement change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the parties and included in the change order, signed by both parties. c. Delays. If any delays are caused by you, you will be responsible for any costs incurred by us in preparing for the performance of the Services, and we will be entitled to recover these costs from you, including travel related costs. The non-performance or delay by us of our obligations under this Agreement will be excused if and to the extent the non-performance or delay results directly from the failure by you to perform your responsibilities. If any failure or delay by you to perform any of your responsibilities prevents or delays our performance of our obligations under this Agreement, we will be entitled to a reasonable extension of time to the applicable performance dates to reflect the extent of the impact of the failure or delay by you. d. Performance Warranty. We warrant that we will perform the Services in a good and workmanlike manner. In the event the Services do not meet the requirements and specifications agreed upon, you must provide us with written notice and details of the alleged non -complying Services within 7 calendar days after completion of the Services involved. After determination by us that the Services were not in conformance to the requirements and specifications, we will re -perform the non -complying Services at no additional cost. 5. Your Responsibilities. Our successful performance of the Services depends upon your: a. Making available your relevant systems for assessment by us prior to our arrival at the Installation Site; b. Ensuring that prior to our arrival at the Installation Site that your network and systems comply with the following system requirements posted at http://www.taser.com/products/dipital-evidence-management/evidence; c. Making any required modifications, upgrades or alterations to your hardware, facilities, systems and networks related to our performance of the Services prior to our arrival at the Installation Site; d. Providing access to the building facilities and where we are is to perform the Services, subject to safety and security restrictions imposed by you (including providing security passes or other necessary documentation to our representatives performing the Services permitting them to enter and exit your premises with laptop personal computers and any other materials needed to perform the Services); e. Providing suitable workspace with telephone and Internet access for our personnel, independent contractors, or consultants while working at the Installation Site and In your facilities; A. Timely implementation of operating procedures, audit controls, and other procedures necessary for your intended use of the Products; g. Providing all necessary infrastructure information (TCP/IP addresses, node names and network configuration) necessary for us to provide the Services; h. Promptly installing and implementing any and all software updates provided by us; I. Ensuring that all appropriate data backups are performed; j. Providing to us the assistance, participation, review and approvals and participating in testing of the Products as requested by us; k. Providing us with remote access to your Evidence.com account when required for us to perform the Services; 1. Designating a representative who will be the main point of contact for all communication with us and who has the authority to act on your behalf in matters regarding the performance of the Services; m. Ensuring the reasonable availability by phone or pager of knowledgeable staff and personnel, system administrators and operators to provide timely, accurate, complete and up-to-date documentation and information for the duration of the Term (these contacts are to provide background information and clarification of information required to perform the Services); n. Instructing your personnel so that they are, at all times, educated and trained in the proper use and operation of the Products and that the Products are used in accordance with applicable TASER manuals and instructions; and o. Identifying in advance any holidays, non -work days, or major events that may Impact the project. 6. Authorization to Access Computer Systems to Perform Services. You authorize us, our independent contractors, or consultants to access your relevant computers and network systems solely for the purpose of performing the Services. We will work diligently to identify as soon as reasonably practicable the resources and infomration we expect to use, and will provide an initial itemized list to you. You are responsible for, and assume 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 you. This. Professional SeMces Agreement Oap�nc Legal Vervm: 7.0 Relea,e ene�. 91117M1S Page 4 of 6 52 TAS E R Professional Services Agreement 7. Site Preparation and Installation. Prior to delivering any Services, we will provide you with 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 you or TASER), you must prepare the Installation Site in accordance with the environmental specifications set forth in the Product User Documentation. Following the installation of the Products, you 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 us under this Agreement, including the environmental specifications for the Products, we will provide the updates or modifications to you when they are generally released by us to our customers. 8. Acceptance Checklist. We will present you with an Acceptance Checklist (Checklist) upon our completion of the Services. You will sign the Checklist acknowledging completion of the Services once the on -site service session has been completed. If you reasonably believe that we did not complete the Services in substantial conformance with this Agreement, you must notify us in writing of your specific reasons for rejection of the Services within 7 calendar days from delivery of the Checklist to you. We will address your issues and then will re -present the Checklist for your approval and signature. If we do not receive the signed Checklist or a written notification of the reasons for the rejection of the performance of the Services from you within 7 calendar days of delivery of the Checklist to you, the absence of your response will constitute your affirmative acceptance of the Services, and a waiver of any right of rejection. 9. Liability for Loss or Corruption of Data. The parties' default obligations concerning the liability for any loss or corruption of data under this Agreement are as follows: a. You are responsible for: (i) instituting proper and timely backup procedures for your software and data; (ii) creating timely backup copies of any of your software or data that may be damaged, lost, or corrupted due to our provision of Services; and (ill) using backup copies to restore any of your software or data in the event of any loss of, damage to, or corruption of the operational version of your software or data, even if such damage, loss, or corruption is due to our negligence. b. If, as a direct result of our negligence in performing the Services, your software or data is damaged, lost, or corrupted, we will assist you in loading the media (e.g., tape) in which you stored the backup copy of your software or data onto the server, mainframe, or other computer system to which your software or data is to be restored. The assistance provided by us may consist of telephone support to your personnel performing the software or data restoration. However, our assistance is conditioned upon TASER being notified by you within 24 hours of you becoming aware that your software or data has been damaged, lost, or corrupted as a direct result of our negligence in performing the Services. However, regardless of any assistance provided by us: (i) we will in no way be liable for the accuracy, completeness, success, or results of your efforts to restore your software or data; (ii) any assistance provided by us under this Section is without warranty, express or implied; and (ill) in no event will we be liable for loss of, damage to, or corruption of your data from any cause. c. The section does not apply to your data stored on Evidence.com and covered by the Evidence.com Master Service Agreement. 10. Indemnification and Limitation of Liability. Except to the extent caused by the negligent acts or willful misconduct of you, we will indemnify, defend and hold you, your officers, directors, employees, agents, and permitted assigns (each Agency Indemnitee) harmless from and against all claims, demands, losses, liabilities, costs, expenses, and reasonable attorneys' fees, 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 TASER under or related to this Agreement. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE WARRANTIES STATED IN THIS AGREEMENT ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY TASER. WE DO NOT MAKE AND HEREBY DISCLAIM, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. EXPRESSLY EXCLUDED ARE ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER STATUTORY OR COMMON LAW WARRANTY. UNDER NO CIRCUMSTANCES WILL EITHER PARTY HAVE ANY LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR LOSS OF PROFITS, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE Tttle: protesslonal Services Agreement Depattment: Legal VOW= 7.0 53 Release Date: W1112015 Page 5 of 6 0 TASER Professional Services Agreement POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, EXCEPT FOR OBLIGATIONS OF INDEMNIFICATION SET FORTH IN THIS AGREEMENT, THE LIABILITY OF EITHER PARTY TO THE OTHER PARTY FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO TASER UNDER THIS AGREEMENT FOR THE SERVICES IN THE PRIOR 12 MONTHS PRECEDING THE CLAIM. NOTHING IN THIS SECTION LIMITS YOUR OBLIGATIONS UNDER SECTIONS 1 AND 2. 11. Insurance. We will maintain at our own expense and in effect during the Term, insurance coverage as set out below, and will furnish certificates of insurance or self-insurance upon your request: a. Commercial General Liability Insurance with limits of $1,000,000 per occurrence for Bodily Injury, Property Damage, and Personal and Advertising Injury; b. Workers' Compensation Insurance in compliance with the statutory requirements of the state in which the Services are performed and Employers' Liability Insurance with limits of not less than $500,000 each Accident and Disease per Employee/Policy Limit; and :. Commercial Automobile Liability Insurance covering hired and non -owned vehicles for which we maybe responsible with limits of $1,000,000 per occurrence Bodily Injury and Property Damage. 12. General. a. Non -Discriminatory Employment. We will not unlawfully discriminate against any individual based on race, color, religion, nationality, sex, sexual orientation, age, or condition of disability. We understand and agree that we are bound by and will comply with the nondiscrimination mandates of all Federal, State, and local statutes. Ib. Notifications. Any notice permitted or required under this Agreement will be deemed to have been given if it is in writing and personally served or delivered, mailed by registered or certified mail (return receipt requested), delivered by a national overnight courier service with confirmed receipt, or sent by email to the parties at the addresses listed in the signature block at the end of this Agreement. c. Independent Contractors; Non -Exclusive Rights. The parties are independent contractors, and neither party, nor any of their respective affiliates, contractors, or consultants, is an agent of the other for any purpose or has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, or fiduciary or employment relationship between the parties. d. Entire Agreement; Modification. This Agreement, including the Quote and TASER's Sales Terms and Conditions for Direct Sales to All, located at htics://www.taser.com/legal, constitute the entire agreement between the parties for the Professional Services and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning our provision of the Professional Services. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. All headings are for reference purposes only and must not affect the interpretation of the Agreement. fK Waiver. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of the provision nor limit the party's right to enforce the provision at a later time. f. Voluntary Agreement. This Agreement was negotiated and executed voluntarily and is not the result of duress, fraud, undue influence or any threat of any kind. All parties had the opportunity to consider this Agreement, to consult with counsel, and fully understand the Agreement. gt 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. 13. Definitions. "Installation Site" means the location(s) where the Products are to be installed. "Products" means all equipment, software, cloud based services, Product User Documentation and software maintenance releases and updates provided by us under this Agreement. "Product User Documentation" means either (i) specifications, explanatory or informational materials, whether in paper or electronic form, that relate to the Services provided under this Agreement, or (ii) user manuals, technical manuals, training manuals, specification or other explanatory or informational materials, whether in paper or electronic form, that relate to the Products provided under this Agreement. "Services" means the professional services provided by us pursuant to this Agreement. [Document Revised 08-11-2015] M,c,.W. is a trademark of the Microsoft group of companies. Evidenx.ccm is a trademark of TASER International, Inc, and Anon. TASER and (b are trademarks of TASER International, Inc., registered in the US and other oouniries. For more information, visit v .TASER.comflegal. All rights reserved. ® 2015 TASER International, Inc. TN.. Prote..lonal Sarq.m Agreement : . VernWnenc le9el .,: 7.0 54 a.i.m... D.r.: antaou Page 6 of 6 MIAMI DAILY BUSINESS REVIEW Pubbhed Daty except Satauday. Sunday and U*W k~ Vamk Mimi -Dade CounW, Ftortda STATE OF FLORIDA COUNTY OF N110 MI -DADS: Before the and authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daly Business Review Vida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARINGS - JAN. 7, 2020 in the XXXX Court, was published In said newspaper in the Issues of 12/27/2019 SEE ATTACHED Affrant further says that the said Miami Daily Business Review is a newspaper published at Miami, In said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published In said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and of lant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, corrrrtEssion or refund for the purpose of securing this advertisement for publication in the said GUILLERMO GARCIA personally known to me BARBARA THOMAS s Cam# GG 121171 Expires November 2, 2021 Bmw Thm TMftM78S•7Q19 55 4 sours O {� S V • 927 1a1 p y27 Otto CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, January 7, 2020, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following ilem(s): A Resolution authorizing the City Manager to enter into a 3 year agreement with NetMotion to provide soft- ware and support for the Police Department and provide connectivity solutions for mobile computer Systems. A resolution allowing the City Manager to enter into a 5 year contract with Axon to provide electronic control devices, body worn cameras and drones with supportaervicw for the Police Department. An Ordinance of the City of South Mimi, Florida, adopting a 20-year water supply facilities work plan and amending the City's Comprehensive Plan to strengthen coordination between water supply and local land use planning as required by Florida Law. An Ordinance amending the Future Land Use Map (FLUM) of the City's Comprehensive Plan,, redesignabrig the future land use of certain parcels of land within the City of South Miami from Multiple Family Residential (MFR) to Transit Oriented D evelopmem District (TODD). (see map below) An Ordinance amending the City of South Miami Official Zoning Map to rezone certain parcels from Low - Density Multi -Family Residential (RM-18) to Transit Oriented Development District Mixed -use 5 (rODD MU-5). (sea map below) '- �se s� sT- SW Will TOP 1 GT - - iow j TM_-.f_.� 11. ALL Interested parties are Invited to attend and will be heard. For further information, please contact the City Clerk's Office at 305-663-6340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida Stamm 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected parson may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence 56 upon which the appeal is to be based. 12127 19-113y0000446754M. 20 ME NEIGHBORS I MIRMIRMALLUOM� 1W CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, January 7, 2020, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to enter into a 3 year agreement with NetMotion to provide software and support for the Police Department and provide connectivity, solutions for mobile computer systems. A resolution allowing the City Manager to enter into a 5 year contract with Axon to provide electronic control devices, body worn cameras and drones with support services for the Police Department. An Ordinance of the City of South Miami, Florida, adopting a 20-year water supply facilities work plan and amending the City's Comprehensive Plan to strengthen coordination between water supply and local land use planning as required by Florida Law. An Ordinance amending the Future Land Use Map (FLUM) of the City's Comprehensive Plan; re -designating the future land use of certain parcels of land within the City of South Miami from Multiple Family Residential (MFR) to Transit Oriented Development District (TODD). (see map below) An Ordinance amending the City of South Miami Official Zoning Map to rezone certain parcels from Low -Density Multi -Family Residential (RM-18) to Transit Oriented Development District Mixed -use 5 (TODD MU-5). (see map below) sw errH s' W4 S s, Is, - ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida statutes 286.0105. the City hereby advises the public that if a person decides to appeal any decision made by this Board. Agency or Commission with respect to any mattercomidered at its meeting or hearing, he or she will need a record of the proceedings. and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 57