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CONTRACT TASER PRODUCTS AND SERVICES 230145-IGA
This contract is entered into this 28th day of JUNE, 2023 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and Axon Enterprise, Inc., a Delaware corporation
(“Contractor”) for the purchase of tasers and on-officer recording equipment and services.
1.0
CONTRACT TERM
This contract is for a term of five years, beginning on the 1st of JULY, 2023 and ending the 30th of
JUNE, 2028
2.0
OPTION TO RENEW
Intentionally omitted.
3.0
PRICE ADJUSTMENTS
Intentionally omitted.
4.0
PAYMENTS
4.1
As consideration for performance of the duties described herein, County shall pay
Contractor the sum(s) stated in Exhibit A – Quote.
4.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
4.3
INVOICES
4.3.1
The Contractor shall submit one legible copy of their detailed invoice before
payment(s) will be made. Incomplete invoices will not be processed. At a
minimum, the invoice must provide the following information:
•
Company name, address, and contact information
•
County bill-to name and contact information
•
Contract serial number
•
County purchase order number
•
Project name and/or number
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Quantity
•
Contract item number(s)
•
Arrival and completion time
•
Description of purchase (product or services)
•
Pricing per unit of purchase
•
Extended price
•
Freight (if applicable)
•
Mileage with rate (if applicable)
SERIAL 230145-IGA
•
Total amount due
4.3.2
Labor, services, and maintenance must be billed as a separate line item.
4.3.3
Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
4.3.4
Payment shall only be made to the Contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an electronic funds
transfer (EFT) process. After contract award, the Contractor shall complete the
Vendor Registration Form accessible from the County Department of Finance
Vendor
Registration
Web
Site
https://www.maricopa.gov/5169/Vendor-
Information.
4.3.5
EFT payments to the routing and account numbers designated by the Contractor
shall include the details on the specific invoices that the payment covers. The
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
4.4
APPLICABLE TAXES
4.4.1
It is the responsibility of the Contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
4.4.2
The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide Contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds overpayment
of a project due to tax consideration that was not due, the Contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
4.4.3
Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State,
and local taxes applicable to their operation and any persons employed by the
Contractor. Contractor shall, and require all subcontractors to, hold Maricopa
County harmless from any responsibility for taxes, damages, and interest, if
applicable, contributions required under Federal and/or State and local laws and
regulations, and any other costs including: transaction privilege taxes,
unemployment
compensation
insurance,
Social
Security,
and
workers’
compensation. Contractor may be required to establish, to the satisfaction of
County, that any and all fees and taxes due to the City or the State of Arizona for
any license or transaction privilege taxes, use taxes, or similar excise taxes are
currently paid (except for matters under legal protest).
5.0
AVAILABILITY OF FUNDS
5.1
The provisions of this contract relating to payment for services shall become effective when
funds assigned for the purpose of compensating the Contractor as herein provided are
actually available to County for disbursement. The County shall be the sole judge and
authority in determining the availability of funds under this contract. County shall keep the
Contractor fully informed as to the availability of funds.
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5.2
If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in
connection with, this contract, County may amend, suspend, decrease, or terminate its
obligations under, or in connection with, this contract. In the event of termination, County
shall be liable for payment only for services rendered prior to the effective date of the
termination, provided that such services are performed in accordance with the provisions
of this contract. County shall give written notice of the effective date of any suspension,
amendment, or termination under this section, at least 10 days in advance.
6.0
DUTIES
6.1
The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise
directed in writing by the procurement officer.
6.2
During the contract term, County may provide Contractor’s personnel with adequate
workspace for consultants and such other related facilities as may be required by
Contractor to carry out its contractual obligations.
7.0
TERMS AND CONDITIONS
7.1
INDEMNIFICATION
7.1.1
To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
contractor, the contractor shall defend, indemnify, and hold harmless the County
(as Owner), its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses, and expenses (including, but not
limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted
from, the negligent acts, errors, omissions, or mistakes relating to the performance
of this contract.
7.1.2
Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only to
the extent caused by the negligent acts or omissions of the contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
7.1.3
The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this section.
7.1.4
The scope of this indemnification does not extend to the sole negligence of County.
7.1.5
Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the
other party (as "Indemnitee") from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney's fees) (hereinafter collectively
referred to as "claims") arising out of the negligent performance of this agreement,
but only to the extent that such claims which result in vicarious/derivative liability
to the Indemnitee are caused by the act, omission, negligence, misconduct, or
other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
7.2
INSURANCE
SERIAL# 230145-IGA
7.2.1
Contractor, at Contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in
the State of Arizona, provided that said insurance companies meet the approval of
County. The form of any insurance policies and forms must be acceptable to
County.
7.2.2
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
7.2.3
In the event that the insurance required is written on a claims-made basis,
Contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
7.2.4
Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
7.2.5
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County’s right to
coverage afforded under the insurance policies.
7.2.6
The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require Contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
7.2.7
The insurance policies required by this contract, except Workers’ Compensation
and Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as additional insureds.
7.2.8
The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of Contractor’s work or service.
7.2.9
If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
7.2.9.1
Commercial General Liability
Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000
for each occurrence, $4,000,000 Products/Completed Operations
Aggregate, and $4,000,000 General Aggregate Limit. The policy shall
include coverage for premises liability, bodily injury, broad form property
damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provisions which
SERIAL# 230145-IGA
would serve to limit third party action over claims. There shall be no
endorsement or modifications of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property
damage.
7.2.9.2
Automobile Liability
Commercial/Business Automobile Liability insurance with a combined
single limit for bodily injury and property damage of not less than
$1,000,000 each occurrence with respect to any of the Contractor’s
owned, hired, and non-owned vehicles assigned to or used in
performance of the Contractor’s work or services or use or maintenance
of the premises under this contract.
7.2.9.3
Workers’ Compensation
7.2.9.3.1
Workers’ compensation insurance to cover obligations
imposed by Federal and State statutes having jurisdiction of
Contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s
Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
7.2.9.3.2
Contractor, its subcontractors, and sub-subcontractors
waive all rights against this contract and its agents, officers,
directors, and employees for recovery of damages to the
extent these damages are covered by the workers’
compensation and Employer’s Liability or Commercial
Umbrella Liability insurance obtained by Contractor, its
subcontractors, and its sub-subcontractors pursuant to this
contract.
7.2.9.4
Errors and Omissions/Professional Liability Insurance
Errors and Omissions (Professional Liability) insurance which will insure
and provide coverage for errors or omissions or professional liability of
the contractor, with limits of no less than $2,000,000 for each claim.
7.2.9.5
Cyber, Network Security, and Privacy Liability
Cyber, Network Security and Privacy Liability Insurance with a limit of
not less than $5,000,000 per occurrence. The policy shall include, but
not be limited to; coverage for all directors, officers, agents and
employees of the Contractor, losses with respect to network risks (such
as data breaches, unauthorized access or use, and ID theft of data),
invasion of privacy (regardless of the type of media involved in the loss
of private information), crisis management, identity theft response costs,
breach notification costs, credit remediation, and credit monitoring,
defense, and claims expenses, regulatory defense costs plus fines and
penalties, cyber extortion, electronic data restoration expenses (data
asset protection), network business interruption, computer fraud
coverage, funds transfer loss, third-party fidelity, theft, no requirement
for arrest and conviction, and loss outside the premises of the named
insured.
7.2.10 Certificates of Insurance
SERIAL# 230145-IGA
7.2.10.1 Prior to contract award, Contractor shall furnish the County with valid
and complete Certificates of Insurance, or formal endorsements as
required by the contract in the form provided by the County, issued by
Contractor’s insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this contract are in full force
and effect. Such certificates shall identify this contract number and title.
7.2.10.2 In the event any insurance policy(ies) required by this contract is (are)
written on a claims-made basis, coverage shall extend for two years past
completion and acceptance of Contractor’s work or services and as
evidenced by annual certificates of insurance.
7.2.10.3 If a policy does expire during the life of the Contract, a renewal certificate
must be sent to County 15 calendar days prior to the expiration date.
7.2.11 Cancellation and Expiration Notice
Applicable to all insurance policies required within the insurance requirements of
this contract, Contractor’s insurance shall not be permitted to expire, be
suspended, be canceled, or be materially changed for any reason without 30 days
prior written notice to Maricopa County. Contractor must provide to Maricopa
County, within two business days of receipt, if they receive notice of a policy that
has been or will be suspended, canceled, materially changed for any reason, has
expired, or will be expiring. Such notice shall be sent directly to Maricopa County
Office of Procurement Services and shall be mailed, or hand delivered to 301 W.
Jefferson St. Suite 700, Phoenix, AZ 85003, or emailed to the procurement officer
noted in the solicitation.
7.3
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
7.4
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract is for those quantities specified on the Quote attached and pricing shall not
be any more than pricing quoted under a National Cooperative Contract (State Authorizing
NASPO Contract between the State of Arizona and Axon Contract number CTR049284).
Additional orders will only be placed under this contract when the County identifies a need
and proper authorization and documentation have been approved. Pricing for such
additional orders shall be agreed upon between the Contractor and the County prior to the
placement of any such order, however, pricing quoted shall not be any more than pricing
quoted under National Cooperative contract held by Axon.
7.5
PURCHASE ORDERS
7.5.1
County reserves the right to cancel purchase orders prior to shipment, of the
hardware and/or activation of the licenses, as applicable. Should a purchase order
be canceled, the County agrees to reimburse the Contractor for actual and
documentable costs incurred by the Contractor in response to the purchase order
unless delivery is outside the Quote. The County will not reimburse the Contractor
for any costs incurred after receipt of County notice of cancellation, or for lost
profits, or for shipment of product prior to issuance of purchase order.
7.5.2
Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County procurement officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
SERIAL# 230145-IGA
7.6
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 30
calendar days advance notice to the Contractor.
7.7
TERMINATION FOR DEFAULT
7.7.1
The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
7.7.1.1
deliver the supplies or to perform the services within the time specified
in this contract or any extension;
7.7.1.2
make progress, so as to endanger performance of this contract; or
7.7.1.3
perform any of the other provisions of this contract.
7.7.2
The County’s right to terminate this contract under these subparagraphs may be
exercised if the Contractor does not cure such failure within 30 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
7.8
WARRANTY OF SERVICES
7.8.1
The Contractor warrants that all services provided hereunder will conform to the
descriptions, specifications, and attachments provided by Contractor to County.
County’s acceptance of services or goods provided by the Contractor shall not
relieve the Contractor from its obligations under this warranty.
7.8.2
In addition to its other remedies, County may, at the Contractor's expense, require
prompt correction of any services failing to meet the Contractor's warranty herein.
Services corrected by the Contractor shall be subject to all the provisions of this
contract in the manner and to the same extent as services originally furnished
hereunder.
7.9
INSPECTION OF SERVICES
7.9.1
The Contractor shall provide and maintain an inspection system acceptable to
County covering the services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made
available to County during contract performance and for as long afterwards as the
contract requires.
7.9.2
County has the right to inspect and test all services called for by the contract, to
the extent practicable at all times and places during the term of the contract.
County shall perform inspections and tests in a manner that will not unduly delay
the work.
7.9.3
If any of the services do not conform to contract requirements, County may require
the Contractor to perform the services again in conformity with contract
requirements, at no cost to the County. When the defects in services cannot be
corrected by re-performance, County may:
7.9.3.1
require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
7.9.3.2
reduce the contract price to reflect the reduced value of the services
performed.
SERIAL# 230145-IGA
7.9.4
If the Contractor fails to promptly perform the services again or to take the
necessary action to ensure future performance in conformity with contract
requirements, County may:
7.9.4.1
by contract or otherwise, perform the services and charge to the
Contractor, through direct billing or through payment reduction, any cost
incurred by County that is directly related to the performance of such
service; or
7.9.4.2
terminate the contract for default.
7.10
USAGE REPORT
The Contractor shall furnish the County a usage report, upon request, delineating the
acquisition activity governed by the contract. The format of the report shall be approved by
the County and shall disclose the quantity and dollar value of each contract item by
individual unit of measure.
7.11
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract
without penalty or further obligation within three years after execution of the contract, if any
person significantly involved in initiating, negotiating, securing, drafting, or creating the
contract on behalf of the County is at any time, while the contract or any extension of the
contract is in effect, an employee or agent of any other party to the contract in any capacity
or consultant to any other party of the contract with respect to the subject matter of the
contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating the contract on behalf of the County from any other party to
the contract arising as the result of the contract.
7.12
OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset from any money
due to the Contractor any amounts Contractor owes to the County for damages resulting
from breach or deficiencies in performance of the contract.
7.13
SUBCONTRACTING
7.13.1 The Contractor may not assign to another Contractor or subcontract to another
party for performance of the terms and conditions hereof without the written
consent of the County. All correspondence authorizing subcontracting must
reference the bid serial number and identify the job or project.
7.13.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s
rate, as bid in the pricing section, unless the prime Contractor is willing to absorb
any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime
Contractor, who in turn shall pass-through the costs to the County, without mark-
up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s
invoice.
7.14
AMENDMENTS
All amendments to this contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
7.15
ADDITIONS/DELETIONS OF REQUIREMENTS
SERIAL# 230145-IGA
The County reserves the right to add and/or delete materials and services to a contract. If
a service requirement is deleted, payment to the Contractor will be reduced proportionately,
to the amount of service reduced in accordance with the bid price. If additional materials
or services are required from a contract, prices for such additions will be negotiated
between the Contractor and the County.
7.16
RIGHTS IN DATA
7.16.1 The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.
7.16.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.
7.17
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
7.17.1 In accordance with Section MC1-372 of the Maricopa County Procurement Code,
the Contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions, which could be more than six years, whichever is longest.
The County, Federal or State auditors and any other persons duly authorized by
the department shall have full access to and the right to examine, copy, and make
use of, any and all said materials.
7.17.2 If the Contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the Contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
7.18
AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the Contractor equal to the
amount of the disallowance, or to require reimbursement forthwith of the disallowed amount
by the Contractor by issuing a check payable to Maricopa County.
7.19
STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.
7.20
VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not void or affect
the validity of any other provision of the contract.
7.21
SEVERABILITY
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The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
7.22
RELATIONSHIPS
7.22.1 In the performance of the services described herein, the Contractor shall act solely
as an independent Contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the Contractor.
7.22.2 The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the Contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless previously approved by the County.
7.23
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, Contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can
be
downloaded
from
the
Arizona
Memory
Project
at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)
7.24
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
7.25
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
7.25.1 The undersigned (authorized official signing on behalf of the Contractor) certifies
to the best of his or her knowledge and belief that the Contractor, its current
officers, and directors:
7.25.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
7.25.1.2 have not within a three-year period preceding this contract:
7.25.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State or
local) transaction or contract; or
7.25.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
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7.25.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, State or local)
transaction or contract;
7.25.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
7.25.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
7.25.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
7.25.3 The Contractor shall include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors or sub-subcontractors)
and in all solicitations for lower tier covered transactions related to this contract. If
this clause is applicable to a subcontractor or sub-subcontractor, the Contractor
shall include the information required by this clause with their bid.
7.26
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
7.26.1 By entering into the contract, the Contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. § 23-214(A). The Contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to the
procurement officer upon request. These warranties shall remain in effect through
the term of the contract. The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform
and Control Act of 1986, as amended from time to time, for all employees performing
work under the contract and verify employee compliance using the E-Verify system
and shall keep a record of the verification for the duration of the employee’s
employment or at least three years, whichever is longer. I-9 forms are available for
download at www.uscis.gov.
7.26.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 7.26.2 of this section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
Contractor or any of its subcontractors are not in compliance, the County will
consider this a material breach of the contract and may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, termination of the
contract for default, and suspension and/or debarment of the Contractor. All costs
necessary to verify compliance are the responsibility of the Contractor.
7.27
CONTRACTOR LICENSE REQUIREMENT
7.27.1 The Contractor shall procure all permits, insurance, and licenses, and pay the
charges and fees necessary and incidental to the lawful conduct of his/her
business, and as necessary complete any requirements, by any and all
governmental or non-governmental entities as mandated to maintain compliance
SERIAL# 230145-IGA
with and remain in good standing. The Contractor shall keep fully informed of
existing and future trade or industry requirements, and Federal, State, and local
laws, ordinances, and regulations which in any manner affect the fulfillment of a
contract and shall comply with the same. Contractor shall immediately notify both
Office of Procurement Services and the department of any and all changes
concerning permits, insurance, or licenses.
7.27.2 Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
licenses required. Contractor is not relieved of its obligation to obtain and possess
the required licenses by subcontracting of the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of Contractors, Chief of
Licensing, to ascertain licensing requirements for a particular contract. Contractor
shall identify which license(s), if any, the Registrar of Contractors requires for
performance of the contract.
7.28
INFLUENCE
7.28.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort
to influence an employee or agent to breach the Maricopa County Ethical Code of
Conduct or any ethical conduct, may be grounds for disbarment or suspension
under MC1-902.
7.28.2 An attempt to influence includes, but is not limited to:
7.28.2.1 A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type of
valuable contribution or subsidy that is offered or given with the intent to
influence a decision, obtain a contract, garner favorable treatment, or
gain favorable consideration of any kind.
7.28.3 If a person attempts to influence any employee or agent of Maricopa County, the
chief procurement officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
7.29
CONFIDENTIAL INFORMATION
7.29.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the Contractor’s obligation regarding such information.
7.29.2 The Contractor shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained
from the County or from others in carrying out its functions (services) under the
contract shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the contract. The Contractor’s
procedures and controls, at a minimum, must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time
during the duration of the contract, the County determines that the procedures and
controls in place are not adequate, the Contractor shall institute any new and/or
additional measures requested by the County within 15 business days of the
written request to do so.
7.29.3 Any requests to the Contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
7.30
PUBLIC RECORDS
SERIAL# 230145-IGA
Under Arizona law, all offers submitted and opened are public records and must be
retained by the County at the Maricopa County Office of Procurement Services. Offers shall
be open to public inspection and copying after contract award and execution, except for
such offers or sections thereof determined to contain proprietary or confidential information
by the Office of Procurement Services. If an offeror believes that information in its offer or
any resulting contract should not be released in response to a public record request, under
Arizona law, the offeror shall indicate the specific information deemed confidential or
proprietary and submit a statement with its offer detailing the reasons that the information
should not be disclosed. Such reasons shall include the specific harm or prejudice which
may arise from disclosure. The records manager of the Office of Procurement Services
shall determine whether the identified information is confidential pursuant to the Maricopa
County Procurement Code.
7.31
INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes
all
prior
negotiations,
proposals,
communications,
understandings,
representations, or agreements, whether oral or written, expressed, or implied.
7.32
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the Contractor agrees to comply with all applicable provisions
of
Title
2,
Subtitle
A,
Chapter
II,
Part
200—UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
7.33
GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.
7.34
FORCED LABOR
7.34.1 By submitting a bid for this solicitation and/or entering into a contract as a result of
this solicitation, contractor agrees to comply with all applicable portions of Arizona
Revised Statutes Section 35-394. Contracting; procurement; prohibition; written
certification; remedy; termination; exception; definitions.
7.34.2 Contractor certifies that it does not currently, and agrees for the duration of the
contract, that it will not use:
7.34.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
7.34.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China.
7.34.2.3 Any contractors, subcontractors or suppliers that use the forced labor or
any good or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
7.34.3 If contractor becomes aware during the term of the agreement that contractor is
not in compliance with this paragraph, the contractor shall notify the County within
five business days after becoming aware of the noncompliance. If the contractor
fails to provide a written certification to the County that the contractor has remedied
the noncompliance within 180 days after notifying the County of its noncompliance,
then the agreement terminates, except that if the agreement termination date
occurs before the end the 180 day period, the agreement terminates on the
agreement termination date.
SERIAL# 230145-IGA
7.35
PRICES
Intentionally Omitted.
7.36
ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this contract and the exhibits if applicable, the
terms of this contract shall prevail.
7.37
INCORPORATION OF DOCUMENTS
7.37.1 The following are to be attached to and made part of this Contract:
7.37.1.1 Exhibit A – Vendor Information
7.37.1.2 Exhibit A-1 - Pricing
7.37.1.3 Exhibit B – Scope of Work
7.37.1.4 Exhibit C – Axon Sales Terms and Conditions
7.37.1.5 Exhibit D – Security Features
7.38
NOTICES
All notices given pursuant to the terms of this contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
301 W. Jefferson St. Suite 700
Phoenix, Arizona 85003-1647
For Contractor:
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Attn: Sales Operations, 17800 N. 85th Street
Scottsdale, AZ 85255
contracts@axon.com
7.39
INQUIRIES
7.39.1 Inquiries concerning information herein must be submitted prior to the question
deadline date/time posted in the e-procurement platform, Periscope S2G, using
the link in the “Q&A” tab.
7.39.2 Administrative telephone/email inquiries shall be addressed to:
MICHAEL GALE, PROCUREMENT OFFICER
TELEPHONE: (602) 506-4866
Michael.Gale@maricopa.gov
7.39.3 Inquiries may be submitted by telephone but must be followed up in writing. No
oral communication is binding on Maricopa County.
SERIAL# 230145-IGA
IN WITNESS WHEREOF, this contract is executed on the date set forth above.
AXON ENTERPRISE INC.
AUTHORIZED SIGNATURE
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED:
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
Robert Driscoll VP, Associate General Counsel
17800 N 85th St, Scottsdale, AZ 85255
05/26/2023
SERIAL# 230145-IGA
EXHIBIT A – VENDOR INFORMATION
RESPONDENT'S NAME:
Axon Enterprise, Inc.
ADDRESS:
17800 N. 85th Street, Scottsdale, AZ 85255
Attn: Sales Operations, 17800 N. 85th Street
Scottsdale, AZ 85255
P.O. ADDRESS:
P.O. Box 29661 2018 Phoenix, AZ 85038-9661
TELEPHONE NUMBER:
800-978-2737
FACSIMILE NUMBER:
480-991-0791
WEB SITE:
www.axon.com
CONTACT (REPRESENTATIVE):
Sales Operations
REPRESENTATIVE'S E-MAIL ADDRESS:
contracts@axon.com
PAYMENT TERMS: NET 30 DAYS
SERIAL# 230145-IGA
EXHIBIT A-1 - PRICING
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Q-447586-45019.663TV
Issued: 04/03/2023
Quote Expiration: 05/06/2023
Estimated Contract Start Date: 07/01/2023
Account Number: 106249
Payment Terms: N30
Delivery Method:
Quote Summary
Discount Summary
Payment Summary
Date
Subtotal
Tax
Total
Jun 2023
$2,238,275.10
$177,531.84
$2,415,806.94
Jun 2024
$2,238,275.26
$177,531.84
$2,415,807.10
Jun 2025
$2,238,275.26
$177,531.84
$2,415,807.10
Jun 2026
$2,238,275.26
$177,531.84
$2,415,807.10
Jun 2027
$2,238,275.26
$177,531.84
$2,415,807.10
Total
$11,191,376.14
$887,659.20
$12,079,035.34
SHIP TO
BILL TO
319 W Buchanan St.
319 W Buchanan St
Phoenix, AZ 85003-2411
USA
Maricopa County Sheriff's Office - AZ
319 W Buchanan St
Phoenix, AZ 85003-2411
USA
Email:
SALES REPRESENTATIVE
PRIMARY CONTACT
Megan Hardisty
Phone: +1 4802537854
Email: mhardisty@axon.com
Fax:
Christopher Jefferys
Phone: (602) 876-6687
Email: c_jefferys@mcso.maricopa.gov
Fax: (602) 251-3709
Program Length
60 Months
TOTAL COST
$11,191,376.14
ESTIMATED TOTAL W/ TAX
$12,079,035.34
Average Savings Per Year
$1,089,807.92
TOTAL SAVINGS
$5,449,039.62
SERIAL# 230145-IGA
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal
Quote Unbundled Price:
$16,640,415.76
Quote List Price:
$14,451,954.76
Quote Subtotal:
$11,191,376.14
Item
Description
Qty
Term
Unbundled
List Price
Net Price
Subtotal
Tax
Total
Program
Unlimited7+
Unlimited 7+ Bundle
235
60
$218.09
$193.90
$174.42
$2,459,322.00
$201,497.00
$2,660,819.00
OSP7+
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU
73811)
715
60
$290.85
$248.07
$200.52
$8,602,308.00
$676,372.80
$9,278,680.80
BWCamSBDTAP
Body Worn Camera Single-Bay Dock TA P Bundle
100
60
$13.94
$11.92
$10.33
$61,980.00
$4,991.50
$66,971.50
A la Carte Hardware
74020
MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK
1211
$31.30
$0.00
$0.00
$0.00
$0.00
AB31BD
AB3 1-Bay Dock Bundle
100
$229.00
$229.00
$22,900.00
$1,843.45
$24,743.45
AB3C
AB3 Camera Bundle
950
$749.00
$0.00
$0.00
$0.00
$0.00
AB3MBD
AB3 Multi Bay Dock Bundle
119
$1,638.90
$0.00
$0.00
$0.00
$0.00
T7Dock
2021 T7 Dock
22
$1,675.38
$2,039.37
$44,866.14
$2,954.45
$47,820.59
Total
$11,191,376.14
$887,659.20
$12,079,035.34
SERIAL# 230145-IGA
Delivery Schedule
Hardware
Bundle
Item
Description
QTY
Estimated Delivery Date
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20008
TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R
715
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20008
TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R
23
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20018
TASER 7 BATTERY PACK, TACTICAL
858
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20050
HOOK-AND-LOOP TRAINING (HALT) SUIT
4
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20160
TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER
643
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20161
TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER
72
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22175
TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS
2145
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22175
TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS
1430
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22176
TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS
2145
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22176
TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS
1430
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22177
TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS
1430
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22178
TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS
1430
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22179
TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS
50
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22181
TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS
50
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
70033
WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK
8
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
71019
NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK
8
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
74200
TASER 7 6-BAY DOCK AND CORE
8
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
80087
TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED)
10
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
80090
TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7
10
06/01/2023
2021 T7 Dock
70033
WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK
22
06/01/2023
2021 T7 Dock
71019
NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK
22
06/01/2023
2021 T7 Dock
74200
TASER 7 6-BAY DOCK AND CORE
22
06/01/2023
AB3 1-Bay Dock Bundle
71104
NORTH AMER POWER CORD FOR AB3 & T7 1-BAY DOCK/DATAPORT
100
06/01/2023
AB3 1-Bay Dock Bundle
74211
AXON BODY 3 - 1 BAY DOCK
100
06/01/2023
AB3 Camera Bundle
11507
MOLLE MOUNT, SINGLE, AXON RAPIDLOCK
921
06/01/2023
AB3 Camera Bundle
11534
USB-C to USB-A CABLE FOR AB3 OR FLEX 2
1045
06/01/2023
AB3 Camera Bundle
73202
AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK
31
06/01/2023
AB3 Camera Bundle
73202
AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK
950
06/01/2023
AB3 Camera Bundle
74018
Z-BRACKET MOUNT, MENS, AXON RAPIDLOCK
90
06/01/2023
AB3 Camera Bundle
74019
Z-BRACKET MOUNT, WOMENS, AXON RAPIDLOCK
10
06/01/2023
AB3 Camera Bundle
74020
MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK
24
06/01/2023
AB3 Multi Bay Dock Bundle
70033
WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK
119
06/01/2023
AB3 Multi Bay Dock Bundle
71019
NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK
119
06/01/2023
AB3 Multi Bay Dock Bundle
74210
AXON BODY 3 - 8 BAY DOCK
119
06/01/2023
A la Carte
74020
MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK
1211
06/01/2023
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22175
TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS
1430
06/01/2024
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22176
TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS
1430
06/01/2024
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22175
TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS
1430
06/01/2025
SERIAL# 230145-IGA
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22176
TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS
1430
06/01/2025
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22177
TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS
1430
06/01/2025
Hardware
Bundle
Item
Description
QTY
Estimated Delivery Date
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22178
TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS
1430
06/01/2025
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73309
AXON CAMERA REFRESH ONE
285
12/01/2025
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73309
AXON CAMERA REFRESH ONE
454
12/01/2025
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73689
MULTI-BAY BWC DOCK 1ST REFRESH
7
12/01/2025
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73689
MULTI-BAY BWC DOCK 1ST REFRESH
82
12/01/2025
Body Worn Camera Single-Bay Dock TAP Bundle
73313
1-BAY DOCK AXON CAMERA REFRESH ONE
100
12/01/2025
Unlimited 7+ Bundle
73309
AXON CAMERA REFRESH ONE
242
12/01/2025
Unlimited 7+ Bundle
73689
MULTI-BAY BWC DOCK 1ST REFRESH
30
12/01/2025
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22175
TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS
1430
06/01/2026
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22176
TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS
1430
06/01/2026
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22175
TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS
1430
06/01/2027
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
22176
TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS
1430
06/01/2027
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73310
AXON CAMERA REFRESH TWO
739
06/01/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73688
MULTI-BAY BWC DOCK 2ND REFRESH
89
06/01/2028
Body Worn Camera Single-Bay Dock TAP Bundle
73314
1-BAY DOCK AXON CAMERA REFRESH TWO
100
06/01/2028
Unlimited 7+ Bundle
73310
AXON CAMERA REFRESH TWO
242
06/01/2028
Unlimited 7+ Bundle
73688
MULTI-BAY BWC DOCK 2ND REFRESH
30
06/01/2028
Software
Bundle
Item
Description
QTY
Estimated Start Date
Estimated End Date
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20248
TASER 7 EVIDENCE.COM LICENSE
715
07/01/2023
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20248
TASER 7 EVIDENCE.COM LICENSE
2
07/01/2023
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73478
REDACTION ASSISTANT USER LICENSE
715
07/01/2023
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73618
AXON COMMUNITY REQUEST+ LICENSE
715
07/01/2023
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73638
STANDARDS ACCESS LICENSE
715
07/01/2023
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73680
RESPOND DEVICE PLUS LICENSE
715
07/01/2023
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73681
AXON RECORDS FULL
715
07/01/2023
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73682
AUTO TAGGING LICENSE
715
07/01/2023
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73683
10 GB EVIDENCE.COM A-LA-CART STORAGE
7150
07/01/2023
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73686
EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE
715
07/01/2023
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73739
PERFORMANCE LICENSE
715
07/01/2023
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73746
PROFESSIONAL EVIDENCE.COM LICENSE
715
07/01/2023
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
73746
PROFESSIONAL EVIDENCE.COM LICENSE
7
07/01/2023
06/30/2028
SERIAL# 230145-IGA
Unlimited 7+ Bundle
73478
REDACTION ASSISTANT USER LICENSE
235
07/01/2023
06/30/2028
Unlimited 7+ Bundle
73618
AXON COMMUNITY REQUEST+ LICENSE
235
07/01/2023
06/30/2028
Unlimited 7+ Bundle
73638
STANDARDS ACCESS LICENSE
235
07/01/2023
06/30/2028
Unlimited 7+ Bundle
73680
RESPOND DEVICE PLUS LICENSE
235
07/01/2023
06/30/2028
Unlimited 7+ Bundle
73681
AXON RECORDS FULL
235
07/01/2023
06/30/2028
Unlimited 7+ Bundle
73682
AUTO TAGGING LICENSE
235
07/01/2023
06/30/2028
Unlimited 7+ Bundle
73683
10 GB EVIDENCE.COM A-LA-CART STORAGE
2350
07/01/2023
06/30/2028
Unlimited 7+ Bundle
73686
EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE
235
07/01/2023
06/30/2028
Unlimited 7+ Bundle
73739
PERFORMANCE LICENSE
235
07/01/2023
06/30/2028
Unlimited 7+ Bundle
73746
PROFESSIONAL EVIDENCE.COM LICENSE
235
07/01/2023
06/30/2028
Unlimited 7+ Bundle
73746
PROFESSIONAL EVIDENCE.COM LICENSE
2
07/01/2023
06/30/2028
SERIAL# 230145-IGA
Services
Bundle
Item
Description
QTY
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
11642
THIRD-PARTY VIDEO SUPPORT LICENSE
715
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20119
TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER
1
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20119
TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER
1
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20119
TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER
1
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20119
TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER
1
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20119
TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER
1
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20120
TASER 7 INSTRUCTOR COURSE VOUCHER
7
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20120
TASER 7 INSTRUCTOR COURSE VOUCHER
7
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20120
TASER 7 INSTRUCTOR COURSE VOUCHER
7
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20120
TASER 7 INSTRUCTOR COURSE VOUCHER
7
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20120
TASER 7 INSTRUCTOR COURSE VOUCHER
7
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
20246
TASER 7 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM
715
Unlimited 7+ Bundle
11642
THIRD-PARTY VIDEO SUPPORT LICENSE
235
Warranties
Bundle
Item
Description
QTY
Estimated Start Date
Estimated End Date
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
80374
EXT WARRANTY, TASER 7 BATTERY PACK
858
06/01/2024
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
80395
EXT WARRANTY, TASER 7 HANDLE
715
06/01/2024
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
80395
EXT WARRANTY, TASER 7 HANDLE
23
06/01/2024
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
80396
EXT WARRANTY, TASER 7 SIX BAY DOCK
8
06/01/2024
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
80464
EXT WARRANTY, CAMERA (TAP)
716
06/01/2024
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
80464
EXT WARRANTY, CAMERA (TAP)
23
06/01/2024
06/30/2028
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
80465
EXT WARRANTY, MULTI-BAY DOCK (TAP)
89
06/01/2024
06/30/2028
2021 T7 Dock
80396
EXT WARRANTY, TASER 7 SIX BAY DOCK
22
06/01/2024
06/30/2028
Body Worn Camera Single-Bay Dock TAP Bundle
80466
EXT WARRANTY, SINGLE-BAY DOCK (TAP)
100
06/01/2024
06/30/2028
Unlimited 7+ Bundle
80464
EXT WARRANTY, CAMERA (TAP)
235
06/01/2024
06/30/2028
Unlimited 7+ Bundle
80464
EXT WARRANTY, CAMERA (TAP)
7
06/01/2024
06/30/2028
Unlimited 7+ Bundle
80465
EXT WARRANTY, MULTI-BAY DOCK (TAP)
30
06/01/2024
06/30/2028
Payment Details
Jun 2023
Invoice Plan
Item
Description
Qty
Subtotal
Tax
Total
Year 1 - Licenses & Software 74020
MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK
1211
$0.00
$0.00
$0.00
Year 1 - Licenses & Software AB31BD
AB3 1-Bay Dock Bundle
100
$4,580.00
$368.69
$4,948.69
SERIAL# 230145-IGA
Year 1 - Licenses & Software AB3C
AB3 Camera Bundle
950
$0.00
$0.00
$0.00
Year 1 - Licenses & Software AB3MBD
AB3 Multi Bay Dock Bundle
119
$0.00
$0.00
$0.00
Year 1 - Licenses & Software BWCamSBDTAP
Body Worn Camera Single-Bay Dock TAP Bundle
100
$12,396.00
$998.30
$13,394.30
Year 1 - Licenses & Software OSP7+
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
715
$1,720,461.48
$135,274.56
$1,855,736.04
Year 1 - Licenses & Software T7Dock
2021 T7 Dock
22
$8,973.22
$590.89
$9,564.11
Year 1 - Licenses & Software Unlimited7+
Unlimited 7+ Bundle
235
$491,864.40
$40,299.40
$532,163.80
Total
$2,238,275.10
$177,531.84
$2,415,806.94
Jul 2023
Invoice Plan
Item
Description
Qty
Subtotal
Tax
Total
Invoice Upon Fulfillment
OSP7+
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
715
$0.00
$0.00
$0.00
Total
$0.00
$0.00
$0.00
Jun 2024
Invoice Plan
Item
Description
Qty
Subtotal
Tax
Total
Year 2 - Licenses & Software 74020
MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK
1211
$0.00
$0.00
$0.00
Year 2 - Licenses & Software AB31BD
AB3 1-Bay Dock Bundle
100
$4,580.00
$368.69
$4,948.69
Year 2 - Licenses & Software AB3C
AB3 Camera Bundle
950
$0.00
$0.00
$0.00
Year 2 - Licenses & Software AB3MBD
AB3 Multi Bay Dock Bundle
119
$0.00
$0.00
$0.00
Year 2 - Licenses & Software BWCamSBDTAP
Body Worn Camera Single-Bay Dock TAP Bundle
100
$12,396.00
$998.30
$13,394.30
Year 2 - Licenses & Software OSP7+
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
715
$1,720,461.63
$135,274.56
$1,855,736.19
Year 2 - Licenses & Software T7Dock
2021 T7 Dock
22
$8,973.23
$590.89
$9,564.12
Year 2 - Licenses & Software Unlimited7+
Unlimited 7+ Bundle
235
$491,864.40
$40,299.40
$532,163.80
Total
$2,238,275.26
$177,531.84
$2,415,807.10
Jun 2025
Invoice Plan
Item
Description
Qty
Subtotal
Tax
Total
Year 3 - Licenses & Software 74020
MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK
1211
$0.00
$0.00
$0.00
Year 3 - Licenses & Software AB31BD
AB3 1-Bay Dock Bundle
100
$4,580.00
$368.69
$4,948.69
Year 3 - Licenses & Software AB3C
AB3 Camera Bundle
950
$0.00
$0.00
$0.00
Year 3 - Licenses & Software AB3MBD
AB3 Multi Bay Dock Bundle
119
$0.00
$0.00
$0.00
Year 3 - Licenses & Software BWCamSBDTAP
Body Worn Camera Single-Bay Dock TAP Bundle
100
$12,396.00
$998.30
$13,394.30
Year 3 - Licenses & Software OSP7+
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
715
$1,720,461.63
$135,274.56
$1,855,736.19
Year 3 - Licenses & Software T7Dock
2021 T7 Dock
22
$8,973.23
$590.89
$9,564.12
SERIAL# 230145-IGA
Year 3 - Licenses & Software Unlimited7+
Unlimited 7+ Bundle
235
$491,864.40
$40,299.40
$532,163.80
Total
$2,238,275.26
$177,531.84
$2,415,807.10
Jun 2026
Invoice Plan
Item
Description
Qty
Subtotal
Tax
Total
Year 4 - Licenses & Software 74020
MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK
1211
$0.00
$0.00
$0.00
Year 4 - Licenses & Software AB31BD
AB3 1-Bay Dock Bundle
100
$4,580.00
$368.69
$4,948.69
Year 4 - Licenses & Software AB3C
AB3 Camera Bundle
950
$0.00
$0.00
$0.00
Year 4 - Licenses & Software AB3MBD
AB3 Multi Bay Dock Bundle
119
$0.00
$0.00
$0.00
Year 4 - Licenses & Software BWCamSBDTAP
Body Worn Camera Single-Bay Dock TAP Bundle
100
$12,396.00
$998.30
$13,394.30
Year 4 - Licenses & Software OSP7+
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
715
$1,720,461.63
$135,274.56
$1,855,736.19
Year 4 - Licenses & Software T7Dock
2021 T7 Dock
22
$8,973.23
$590.89
$9,564.12
Year 4 - Licenses & Software Unlimited7+
Unlimited 7+ Bundle
235
$491,864.40
$40,299.40
$532,163.80
Total
$2,238,275.26
$177,531.84
$2,415,807.10
Jun 2027
Invoice Plan
Item
Description
Qty
Subtotal
Tax
Total
Year 5 - Licenses & Software 74020
MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK
1211
$0.00
$0.00
$0.00
Year 5 - Licenses & Software AB31BD
AB3 1-Bay Dock Bundle
100
$4,580.00
$368.69
$4,948.69
Year 5 - Licenses & Software AB3C
AB3 Camera Bundle
950
$0.00
$0.00
$0.00
Year 5 - Licenses & Software AB3MBD
AB3 Multi Bay Dock Bundle
119
$0.00
$0.00
$0.00
Year 5 - Licenses & Software BWCamSBDTAP
Body Worn Camera Single-Bay Dock TAP Bundle
100
$12,396.00
$998.30
$13,394.30
Year 5 - Licenses & Software OSP7+
2021 - OFFICER SAFETY PLAN 7 PLUS (Formerly SKU 73811)
715
$1,720,461.63
$135,274.56
$1,855,736.19
Year 5 - Licenses & Software T7Dock
2021 T7 Dock
22
$8,973.23
$590.89
$9,564.12
Year 5 - Licenses & Software Unlimited7+
Unlimited 7+ Bundle
235
$491,864.40
$40,299.40
$532,163.80
Total
$2,238,275.26
$177,531.84
$2,415,807.10
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit
prior to invoicing.
SERIAL# 230145-IGA
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
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
www.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.
In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and
services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new
products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you
agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
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 contracts. If you are signing on behalf of an entity (including but not limited to the company, 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.
SERIAL# 230145-IGA
Exceptions to Standard Terms and Conditions
Agency has existing contract #00016304 (originated via Q-160408) and is terminating that contract upon the new license start date (07/01/2023) of this quote.
100% discounted body-worn camera and docking station hardware contained in this quote reflects a TAP replacement for hardware purchased under existing contract
#00016304. All TAP obligations from this contract will be considered fulfilled upon execution of this quote.
Signature
Date Signed
SERIAL # 230145-IGA
Who is the receiving contact and what is the contact phone
number for this shipment?
What are the receiving hours of operation?
Is a loading dock available for this incoming shipment?
If yes, are you able to unload pallets from the trailer or will
the driver need to assist with unload?
Do you have a forklift and/or pallet jack to transport pallets
into your facility?
Are there any delivery restrictions (no 53' trailers, no box
trucks, etc.)?
ATTENTION
This order may qualify for freight shipping, please fill out the following information.
SERIAL# 230145-IGA
EXHIBIT B - SCOPE OF WORK FOR PROFESSIONAL SERVICES
Background
Axon is a manufacturer of various Axon and Axon® brand products, including conducted electrical
weapons, on-officer video and recording devices, and cloud-based data storage systems. Agency seeks
assistance in deploying and implementing its Axon camera systems, Axon Interview Room system, Axon
Conducted Electrical Weapons (CEW) and Evidence.com service solutions.
Terms and Conditions
1. Term and Pricing.
a. Term. The term of this Agreement commences on the Effective Date.
b. Service Pricing. All Services performed by Axon will be rendered in accordance with the fees set
forth in a SOW or Quote. Agency will pay Axon in accordance with the terms contained in this
Agreement unless different payment terms have been identified and agreed upon in a SOW.
c. Taxes. Agency is responsible for any sales or use taxes assessed on its payment for Services
and Products. Axon will itemize sales or use taxes separately on Axon’s invoices. Axon is
responsible for all other taxes, duties and fees. If Agency is exempt from taxation for the Services
or Products, it must submit an exemption certificate to Axon.
2. Invoicing and Payment Terms.
a. Services. Axon will invoice Agency, in accordance with this Agreement or a SOW, for all Services
provided. Notwithstanding the foregoing, no terms, provisions or conditions of any purchase order
or other business form or written authorization used by Agency will have any effect on, or otherwise
modify, the rights, duties or obligations of the parties under this Agreement, other than to state the
volume or timing of Services regardless of any failure of Axon to object to such terms, provisions
or conditions.
3. Delivery of Services.
a. Statements of Work. Each SOW will define the specific Services to be provided, work schedule,
location of Services, fees and expenses and other particulars that will govern the Services under
the SOW. Unless any provisions of this Agreement are specifically excluded or modified in a
particular SOW, each SOW will be deemed to incorporate all the terms and conditions of this
Agreement and may contain additional terms and conditions as the parties may mutually agree to.
No SOW will be binding on either party unless executed in writing by each party’s authorized
representative. If any provision of this Agreement conflicts with a provision of any SOW, then the
provision of this Agreement controls.
b. Hours and Travel. Axon’s personnel will work within Agency’s normal business hours. Travel
time by Axon’s personnel to Agency’s premises will not be charged as work hours performed.
c. Changes to Services. Changes to the scope of Services set forth in a SOW 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 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.
d. Delays. If any delays are caused by Agency, Agency will be responsible for any costs incurred by
Axon in preparing for the performance of the Services, and Axon may recover these costs from
Agency, including travel related costs not to exceed the costs of the County’s Travel Policy. The
non-performance or delay by Axon of its obligations under this Agreement will be excused if and to
the extent the non-performance or delay results directly from the failure by Agency to perform the
Agency Responsibilities. If any failure or delay by Agency to perform any of the Agency
Responsibilities prevents or delays Axon’s performance of its obligations under this Agreement,
Axon may 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 Agency.
SERIAL# 230145-IGA
e. Performance Warranty. Axon warrants that it will perform the Services described in the SOW in
accordance with the requirements and specifications set forth in the SOW and will perform the
Services in a good and workmanlike manner. In the event the Services do not meet the
requirements and specifications agreed upon, Agency will provide Axon with written notice and
details of the alleged non-complying Services within seven calendar days after completion of the
Services involved. After determination by Axon that the Services were not in conformance to the
requirements and specifications of the SOW, Axon will re-perform the non-complying Services at
no additional cost.
4. Agency’s Responsibilities. Axon’s successful performance of the Services depends upon Agency’s:
a. Providing access to the building facilities and where Axon is to perform the Services, subject to
safety and security restrictions imposed by the Agency (this includes providing security passes or
other necessary documentation to Axon representatives performing the Services permitting them
to enter and exit the Agency’s premises with laptop personal computers and any other materials
needed to perform the Services); Providing suitable workspace with telephone and internet access
for Axon’s personnel while working at the Installation Site and in Agency’s facilities;
b. Ensuring that Axon personnel have access to the internet to set up Evidence.com docks;
c. Timely implementation of operating procedures, audit controls, and other procedures necessary for
Agency’s intended use of the Products;
d. Providing all necessary infrastructure information (TCP/IP addresses, node names and network
configuration) necessary for Axon to provide the Services;
e. Making any required modifications, upgrades or alterations to its hardware, facilities, systems and
networks related to Axon’s performance of the Services prior to Axon’s arrival;
f.
Promptly installing and implementing any and all software updates provided by Axon;
g. Ensuring that all appropriate data backups are performed for information not contained in
EVIDENCE.com;
h. Providing to Axon the assistance, participation, review and approvals described in the SOW and
participating in testing of the Products as requested by Axon;
i.
Providing Axon with remote access to its EVIDENCE.com account when required for Axon to
perform the Services;
j.
Designating a representative who will be the main point of contact for all communication with Axon
relative to the SOW and who has the authority to act on the Agency’s behalf in matters regarding
the SOW;
k. 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 SOW (these contacts are to provide
background information and clarification of information required to perform the Services);
l.
Instructing its 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 Axon
manuals and instructions; and
m. Identifying in advance any holidays, non-work days, or major events that may impact the project.
5. Authorization to Access Computer Systems to Perform Services. Agency authorizes Axon to
access its relevant computers and network systems solely for the purpose of performing the Services.
Axon will work diligently to identify as soon as reasonably practicable the resources and information it
expects to use, and will provide an initial itemized list to Agency. Agency is responsible for, and
SERIAL# 230145-IGA
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.
6. Site Preparation and Installation. Prior to delivering any Services identified in a SOW, Axon will
provide Agency 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 by the Agency at Agency
expense 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 Agency or Axon), Agency
must prepare the Installation Site in accordance with the environmental specifications set forth in the
Product User Documentation. Following the installation of the Products, Agency must maintain the
Installation Site where the Products have been installed in accordance with the environmental
specifications set forth in the Product User Documentation. In the event that there are any updates or
modifications to the Product User Documentation for any Products provided by Axon under this
Agreement, including the environmental specifications for such Products, Axon will provide the updates
or modifications to the Agency when they are generally released by Axon to its customers.
7. Liability for Loss or Corruption of Data. The parties’ default obligations concerning the liability for
any loss or corruption of data under the SOW are as follows:
a. Agency is responsible for: (i) instituting proper and timely backup procedures for Agency’s software
and data; (ii) creating timely backup copies of any Agency software or data that may be damaged,
lost, or corrupted due to Axon’s provision of Services; and (iii) using backup copies to restore any
Agency software or data in the event of any loss of, damage to, or corruption of the operational
version of the Agency’s software or data, even if such damage, loss, or corruption is due to Axon’s
negligence.
b. If, as a direct result of Axon’s negligence in performing the Services, Agency’s software or data is
damaged, lost, or corrupted, Axon will assist Agency in loading the media (e.g., tape) in which
Agency stored the backup copy of its software or data onto the server, mainframe, or other
computer system to which Agency’s software or data is to be restored. The assistance provided by
Axon may consist of telephone support to the Agency’s personnel performing the software or data
restoration. However, Axon’s assistance is conditioned upon Axon being notified by Agency within
24 hours of Agency becoming aware that the Agency’s software or data has been damaged, lost,
or corrupted as a direct result of Axon’s negligence in performing the Services. However,
regardless of any assistance provided by Axon: (i) Axon will in no way be liable for the accuracy,
completeness, success, or results of the Agency’s efforts to restore Agency’s software or data; (ii)
any assistance provided by Axon under this Section is without warranty, express or implied; and
(iii) in no event will Axon’s liability exceed the total dollar value of the contract for loss of, damage to,
or corruption of Agency data from any cause.
c. The section does not apply to Agency data stored on EVIDENCE.com and covered by the
EVIDENCE.com Master Service Agreement.
8. Intellectual Property. Axon owns all right, title and interest in all Pre-Existing Works and
Documentation. Axon grants to Agency, unless otherwise agreed in writing by the parties, a perpetual,
non-revocable, royalty-free, non-exclusive, right and license to use, execute or copy, the Pre-Existing
Works provided to Agency in connection with the delivery of Services and in accordance with this
Agreement.
9. Confidentiality. A receiving party may use the disclosing party’s Confidential Information only in
connection with Axon’s performance of the Services under this Agreement. The receiving party will not
disclose the disclosing party’s Confidential Information during the Term or at any time during the 5-year
period following the end of the Term. The receiving party will take all reasonable measures to avoid
disclosure, dissemination or unauthorized use of the disclosing party’s Confidential Information,
including, at a minimum, those measures taken to protect its own confidential information of a similar
nature.
SERIAL# 230145-IGA
Statement of Work for Professional Services Agreement
1. Project Overview. Agency would like assistance in implementing Axon’s camera systems and
EVIDENCE.com services (collectively the Products). Axon proposes to provide its expertise to
implement the Products and to work with Agency to provide an understanding of how to best implement
and utilize the Products in Agency’s organization.
System set up and configuration
•
Setup Axon View on smart phones (if applicable).
•
Configure categories & custom roles based on Agency need.
•
Register cameras to Agency domain.
•
Troubleshoot IT issues with Evidence.com and Axon Dock (Dock) access.
•
Work with IT to install Evidence Sync software on locked-down computers (if applicable).
•
One on-site session included.
Dock configuration
•
Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary.
•
Authenticate Dock with Evidence.com using “admin” credentials from Agency.
•
On-site assistance included
Best practice implementation planning session
•
Provide considerations for establishment of video policy and system operations best practices based on
Axon’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 of other agencies using the Axon camera products and Evidence.com Service
•
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 other specific settings for Evidence.com.
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support the Agency’s Axon camera and Evidence.com training
needs after Axon’s Professional Service team has fulfilled its contracted 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, Evidence.com and Evidence Sync.
Implementation document packet
Evidence.com administrator guides, camera implementation guides, network setup guide, sample policies, and
categories & roles guide
Post go live review session
2. Out of Scope Services. Axon is responsible to perform only the Services described above in Section
1. Any additional services not defined explicitly by this SOW will be considered out of the scope.
3. Key Assumptions. The Services, fees, and delivery schedule for this project are based on the following
assumptions:
a. Agency’s relevant systems are available for assessment purposes prior to Axon’s arrival at the
Installation Site.
b. All work will be performed by Axon’s personnel during normal business hours, Monday through
Friday, 8:30 a.m. to 5:30 p.m., except holidays unless otherwise agreed to in advance.
c. All tasks on-site will be performed over a consecutive timeframe unless otherwise agreed to by
Axon and Agency.
d. Agency representatives will be available to provide timely and accurate information.
SERIAL# 230145-IGA
4. Acceptance Checklist.
a. Axon will present Agency with an Acceptance Checklist (Checklist) upon Axon’s completion of the
Services. Agency will sign the Checklist acknowledging completion of the Services once the on-
site service session has been successfully completed.
b. If Agency reasonably believes that Axon did not complete the Services in substantial conformance
with this SOW, Agency will notify Axon in writing of its specific reasons for rejection of the Services
within 14 calendar days from delivery of the Checklist to Agency. Axon will address Agency’s issues
and then will re-present the Checklist for Agency’s approval and signature.
c. If Axon does not receive the signed Checklist or a written notification of the reasons for the rejection
of the performance of the Services from Agency within 14 calendar days of delivery of the Checklist
to Agency, the absence of Agency’s response will constitute the Agency’s affirmative acceptance
of the Services, and a waiver of any Agency right of rejection.
5. General. Any changes to this SOW must be agreed to in writing by both parties. All parties understand
and acknowledge that this SOW identifies the work to be performed and the associated pricing, and
further acknowledges that actual work is not authorized to begin until Axon receives the signed Quote
and/or the Agency’s Purchase Order that includes the Services.
SERIAL# 230145-IGA
EXHIBIT C - AXON SALES TERMS AND CONDITIONS
These Axon Sales Terms and Conditions (the Agreement) by and between Axon Enterprise, Inc.,
(Axon or Party) a Delaware corporation having its principal place of business at 17800 N 85th
Street, Scottsdale, Arizona, 85255, and Maricopa County, a political subdivision of the State of
Arizona, on the Quote (Agency, Party or collectively Parties), is entered into the later of (a) the last
signature date on this Agreement, or (b) the signature date on the quote (the Effective Date).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”). It
is the intent of the Parties that this Agreement act as a master agreement governing all subsequent
purchases by Agency for the same Axon Devices and Services in the Quote, and all such
subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference
as a Quote. The Parties agree as follows:
1. Definitions.
1.1. “Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon
Dispatch, and interactions between Axon Evidence and Axon Devices or Axon client software.
Axon
Cloud
Service
excludes
third-party
applications,
hardware
warranties,
and
my.evidence.com.
1.2. “Axon Device” means all hardware provided by Axon under this Agreement.
1.3. “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.
1.4. “Services” means all services provided by Axon under this Agreement, including software, Axon
Cloud Services, and professional services.
2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder
have expired or have been terminated (“Term”).
2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology
Assurance Plans, and TASER 7 plans begin on the date stated in the Quote. Each subscription
term ends upon completion of the subscription stated in the Quote (“Subscription Term”).
2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an
additional 5 years (“Renewal Term”). For purchase of TASER 7 as a standalone, Axon may
increase pricing to its then-current list pricing for any Renewal Term. For all other purchases,
Axon may increase pricing on all line items in the Quote up to 3% at the beginning of each year
of the Renewal Term. 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.
3. Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote.
Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Unless
otherwise prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-
half percent (1.5%) per month or the highest rate allowed by law. 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.
5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All
shipments are EXW (Incoterms 2020) 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. Warranty.
SERIAL# 230145-IGA
7.1.
Limited Warranty; Disclaimer. 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 and Axon-manufactured accessories, which Axon warrants for 30
months and 90 days, respectively, from the date of Agency’s receipt. Used conducted
energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended
warranties run from the expiration of the 1-year hardware warranty through the extended
warranty term. All software and Axon Cloud Services are provided "AS IS," without
any warranty of any kind, either express or implied, including without limitation the
implied warranties of merchantability, fitness for a particular purpose and non-
infringement. Axon Devices, software, and services that are not manufactured,
published or performed by Axon (“Third-Party Products”) are not covered by Axon’s
warranty and are only subject to the warranties of the third-party provider or
manufacturer.
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 Axon-manufactured Device
with the same or like Axon-manufactured Device, at Axon’s option. A replacement Axon-
manufactured Device will be new or like new. Axon will warrant the replacement Axon-
manufactured Device for the longer of (a) the remaining warranty of the original Axon
Manufactured Device or (b) 90-days from the date of repair or replacement.
7.2.1. If Agency exchanges a device or part, the replacement item becomes Agency’s property,
and the replaced item becomes Axon’s property. Before delivering an Axon-
manufactured Device for service, Agency must upload Axon-manufactured 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 Axon-
manufactured Device sent to Axon for service.
7.3. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Agency a
predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”).
Spare Axon Devices are intended to replace broken or non-functioning units while Agency
submits the broken or non-functioning units, through Axon’s warranty return process. Axon will
repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon
Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes
no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended
purpose.
7.4. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use
instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon;
(c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices
repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon
Devices with a defaced or removed serial number. Axon’s warranty will be void if Agency resells
Axon Devices.
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 Axon 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.
7.5. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and
MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at
www.axon.com/sales-terms-and-conditions.
7.6. Third-Party Software and Services. Use of software or services other than those provided by
SERIAL# 230145-IGA
Axon is governed by the terms, if any, entered into between Agency and the respective third-
party provider, including, without limitation, the terms applicable to such software or services
located at www.axon.com/sales-terms-and-conditions, if any.
7.7. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain
products and services to Agency, as a charitable donation under the Axon Aid program. In such
event, Agency expressly waives and releases any and all claims, now known or hereafter known,
against Axon, and its officers, directors, employees, agents, contractors, affiliates, successors,
and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death,
property damage, or loss of data, arising out of or attributable to the Axon Aid program whether
arising out of the negligence of Axon or any Releasees or otherwise. Agency agrees not to make
or bring any such claim against Axon or any other Releasee, and forever release and discharge
Axon and all other Releasees from liability under such claims. Agency expressly allows Axon to
publicly announce its participation in Axon Aid and use its name in marketing materials. Axon
may terminate the Axon Aid program without cause immediately upon notice to the Agency.
8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon
Channel Services, 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 Agreement by reference.
9. Axon 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 Axon Devices and Services previously purchased by Agency.
11. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of
Agency’s 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 Axon bundle.
12. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability
insurance. Upon request, Axon will supply certificates of insurance.
13. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured 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-manufactured 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-manufactured
Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon-manufactured
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.
15. 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; (c) a dispute between
Agency and a third-party over Agency’s use of Axon Devices; (d) to ensure Axon Devices are destroyed
and disposed of securely and sustainably at Agency’s cost; and (e) any regulatory violations or fines,
as a result of improper destruction or disposal 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
SERIAL# 230145-IGA
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 Axon 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 the MSRP for Axon Devices received, including any Spare Axon
Devices, and amounts paid towards those Axon Devices. Only if terminating for non-
appropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is
the standalone price of the individual Axon Device at the time of sale. For bundled Axon 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. To the extent permissible by law, Axon pricing is Confidential Information and competition
sensitive. If Agency receives a public records request to disclose Axon Confidential Information, 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, Axon Device
Warnings, Indemnification, IP Rights, and Agency Responsibilities.
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. Notices to Agency shall be provided to the address
on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc., Attn: Legal, 17800
North 85th Street, Scottsdale, Arizona 85255 with a copy to legal@axon.com.
SERIAL# 230145-IGA
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.
SERIAL# 230145-IGA
Axon Cloud Services Terms of Use Appendix
1. Definitions.
a. “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.
b. “Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an
Agency. Evidence is a subset of Agency Content.
c. “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.
d. “Personal Data” means any information relating to an identified or identifiable natural
person. An identifiable natural person is one who can be identified, directly or indirectly, in
particular by reference to an identifier such as a name, an identification number, location
data, an online identifier or to one or more factors specific to the physical, physiological,
genetic, mental, economic, cultural or social identity of that natural person.
2. 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.
3. Agency Owns Agency Content. 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 is not Axon’s business records. Agency is solely responsible for uploading, sharing,
managing, and deleting Agency Content. Axon will only have access to Agency Content for the
limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a)
perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement
or policies governing use of the Axon products.
4. Security. 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.
5. 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 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.
a. Agency will also maintain the security of end usernames 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.
b. To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use
may
be
governed
by
the
YouTube
Terms
of
Service,
available
at
https://www.youtube.com/static?template=terms.
SERIAL# 230145-IGA
6. Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy
Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-
privacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a)
perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve,
and support current and future Axon products and related services; and (c) enforce this Agreement
or policies governing the use of Axon products.
7. Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location
services where GPS/GNSS signals may not be available, for instance, within buildings or
underground. Agency administrators can manage their choice to use this service within the
administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must
also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see
this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon
Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content
and Personal Data will be sent to Skyhook Holdings, Inc. (“Skyhook”) to facilitate the Wi-Fi
Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud
Services Privacy Policy and is subject to the Skyhook Services Privacy Policy.
8. Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in
Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon
Device. 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.
For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in
conjunction with a valid Axon’s Evidence.com user license; (ii) is limited to data of the law
enforcement agency that purchased the Third-Party Unlimited Storage and the Axon’s
Evidence.com end user or Agency is prohibited from storing data for other law enforcement
agencies; and (iii) Agency may only upload and store data that is directly related to: (1) the
investigation of, or the prosecution of a crime; (2) common law enforcement activities; or (3) any
Agency Content created by Axon Devices or Evidence.com.
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 Warranty. Axon disclaims any warranties or responsibility for data
corruption or errors before Agency uploads data to Axon Cloud Services. Service Offerings will be
subject to the Axon Cloud Services Service Level Agreement, a current version of which is available
at https://www.axon.com/products/axon-evidence/sla .
12. Axon Records. Axon Records is the software-as-a-service product that is generally available at
the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term,
if any, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when
available basis.
a. The Axon Records Subscription Term will end upon the completion of the Axon Records
Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle,
upon completion of the OSP 7 Term (“Axon Records Subscription”)
b. 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
SERIAL# 230145-IGA
Records that provide additional features or perform additional functions. Upgrades exclude
new products that Axon introduces and markets as distinct products or applications.
c. New or additional Axon products and applications, as well as any Axon professional
services needed to configure Axon Records, are not included. If Agency purchases Axon
Records as part of a bundled offering, the Axon Record subscription begins on the later of
the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to
Agency.
d. Users of Axon Records at the agency may upload files to entities (incidents, reports, cases,
etc) in Axon Records with no limit to the number of files and amount of storage.
Notwithstanding the foregoing, Axon may limit usage should the Agency exceed an
average rate of 100 GB per user per year of uploaded files. Axon will not bill for overages.
13. Axon Cloud Services Restrictions. Agency and Agency end users (including employees,
contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
a. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud
Services;
b. 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;
c. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid
incurring fees or exceeding usage limits or quotas;
d. use trade secret information contained in Axon Cloud Services, except as expressly
permitted in this Agreement;
e. access Axon Cloud Services to build a competitive device or service or copy any features,
functions, or graphics of Axon Cloud Services;
f.
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
g. 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.
14. 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.
15. 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.
16. 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.
17. Survival. Upon any termination of this Agreement, the following sections in this Appendix will
survive: Agency Owns Agency Content, Privacy, Storage, Axon Cloud Services Warranty, and
Axon Cloud Services Restrictions.
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Axon Customer Experience Improvement Program Appendix
1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to
accelerate Axon’s development of technology, such as building and supporting automated features,
to ultimately increase safety within communities and drive efficiency in public safety. To this end,
subject to the limitations on Axon as described below, Axon, where allowed by law, may make
limited use of Agency Content from all of its customers, to provide, develop, improve, and support
current and future Axon products (collectively, “ACEIP Purposes”). However, at all times, Axon will
comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain
a comprehensive data security program (including compliance with the CJIS Security Policy for
Criminal Justice Information), privacy program, and data governance policy, including high industry
standards of de-identifying Personal Data, to enforce its security and privacy obligations for the
ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. Agencies purchasing under Contract
No. PSE01 shall not be automatically enrolled in the ACEIP, provided that any Agency may opt
into the Tier 1 or Tier 2 of the ACEIP program at the time of purchase. At any time, Agency may
revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.
2. ACEIP Tier 1.
2.1 When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency
Content and may store separately copies of certain segments or elements of the Agency
Content (collectively, “ACEIP Content”). When extracting ACEIP Content, Axon will use
commercially reasonable efforts to aggregate, transform or de-identify Agency Content so
that the extracted ACEIP Content is no longer reasonably capable of being associated with,
or could reasonably be linked directly or indirectly to a particular individual (“Privacy
Preserving Technique(s)”). For illustrative purposes, some examples are described in
footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to
the Agency from which it was extracted. This attribution will be stored separately from the
data itself, but is necessary for and will be solely used to enable Axon to identify and delete
all ACEIP Content upon Agency request. Once de-identified, ACEIP Content may then be
further modified, analyzed, and used to create derivative works. At any time, Agency may
revoke the consent granted herein to Axon to access and use Agency Content for ACEIP
Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or
use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon
will also delete any derivative works which may reasonably be capable of being associated
with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses
Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency
a list of the specific type of Agency Content being used to generate ACEIP Content, the
purpose of such use, and the retention, privacy preserving extraction technique, and
relevant data protection practices applicable to the Agency Content or ACEIP Content
(“Use Case”). From time to time, Axon may develop and deploy new Use Cases. At least
30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency
notice (by updating the list of Use Case at https://www.axon.com/aceip and providing
Agency with a mechanism to obtain notice of that update or another commercially
reasonable method to Agency designated contact) (“New Use Case”).
2.2 Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination
of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the
Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes
and will delete ACEIP Content. Axon will also delete any derivative works which may
reasonably be capable of being associated with, or could reasonably be linked directly or
indirectly to Agency.
1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify
a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and
the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove
any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data
to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and
disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such
as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic
events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would
be extracted and all human utterances would be removed.
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3
ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services,
Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional
rights to use Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed
deployment of a Privacy Preserving Technique to enable product development, improvement, and
support that cannot be accomplished with aggregated, transformed or de-identified data.
☐ Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2
in addition to Tier 1. Axon will not enroll Agency into ACEIP Tier 2 until Axon and Agency agree to terms in
writing providing for such participation in ACEIP Tier 2.
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Technology Assurance Plan Appendix
If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies.
1. TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year hardware
limited warranty.
2. Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will receive the
deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories
as soon as available from Axon.
3. OSP 7 Term. OSP 7 begins on the date specified in the Quote (“OSP 7 Term”).
4. TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will
provide Agency a new Axon body-worn camera (“BWC Upgrade”) as scheduled in the Quote. If Agency
purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option.
Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock.
5. TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will
provide Agency a new Axon Dock as scheduled in the Quote (“Dock Upgrade”). Accessories
associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades 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 Axon 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 Axon Device, at Axon’s option.
6. Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior
confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance.
Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days before the end of
the Subscription Term without prior confirmation from Agency.
7. Upgrade Change. If Agency wants to upgrade Axon Device models from the current Axon Device to
an upgraded Axon Device, Agency must pay the price difference between the MSRP for the current
Axon Device and the MSRP for the upgraded Axon Device. 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.
8. Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, Agency must
return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of
destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return
or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by
Agency.
9. 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:
9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.
9.2. Axon will not and has no obligation to provide the Upgrade Models.
9.3. Agency must make any missed payments due to the termination before Agency may purchase
any future TAP or OSP.
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TASER 7 Appendix
This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon, if
applicable.
1. Duty Cartridge Replenishment Plan. If the Quote includes “Duty Cartridge Replenishment 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.
2. Training. 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 start
of the TASER Subscription Term. 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
Empathy Development for Autism/Schizophrenia (collectively, “Training Content”), Agency may
access Training Content. Axon will deliver all Training Content electronically.
3. TASER Upgrade. If Agency purchases Axon’s 10-year certification program for Axon’s latest version
of its TASER energy weapon (“Certification Program”) and has no outstanding payment obligations as
of the beginning of the 6th year of the Certification Program, Agency will qualify for an upgrade to any
subsequent version of the Certification Program (“CEW Upgrade”). Agency will receive the CEW
Upgrade at no additional cost, only to the extent such subsequent version of the Certification Program
includes the same products or features as the Certification Program purchased by Agency. If Agency
wants to upgrade to a Certification Program that includes additional products or features, Agency will
pay the additional cost associated with such products and features. For the avoidance of doubt, Agency
is not required to upgrade to any subsequent version of the Certification Program. Axon may ship the
CEW Upgrade as scheduled in the Quote without prior confirmation from agency unless the Parties
agree in writing otherwise at least 90 days in advance. If necessary to maintain compatibility among
Axon Devices, within 30 days of receiving the CEW Upgrade, Agency must, if requested by Axon, return
all hardware and related accessories received in connection with the Certification Program to Axon. In
such event, Agency must ship batteries via ground shipping or in accordance with federal regulations
in place at the time of the return. Axon will pay shipping costs for the return if Agency uses Axon’s RMA
process.
4. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage
period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus
the 4-year extended term.
5. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP,
then that discount may only be applied as a trade-in credit, and 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 credit. Agency may not
destroy Trade-In Units and receive a trade-in credit.
Agency Size
Days to Return from Start Date of TASER 7 Subscription
Less than 100 officers 30 days
100 to 499 officers
90 days
500+ officers
180 days
6. TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase
begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on
the 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
during the TASER 7 Subscription Term. 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
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disclosure request is received for Agency Content, so Agency may file an objection with the court or
administrative body.
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.
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Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.
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.
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. 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.
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;
4.5. 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.
5. 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.
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Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included
on the Quote.
1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering,
the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2)
date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a standalone,
the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to
Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term
will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.
2. Scope of Axon Respond. The scope of Axon Respond 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 Respond outside this scope, Axon may initiate good-faith discussions with Agency
on upgrading Agency’s Axon Respond to better meet Agency’s needs.
3. Axon Body 3 LTE Requirements. Axon Respond 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 Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system
configured with LTE modem and service. Agency is responsible for providing LTE service for the
modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier.
5. Axon Respond 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.
5.1. With regard to Axon Body 3, 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.
6. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or
bundles that include Axon Respond, Axon will end Axon Respond services, including any Axon-
provided LTE service.
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Add-on Services Appendix
This Appendix applies if Axon Citizen for Communities, Axon Redaction Assistant, and/or Axon
Performance are included on the Quote.
1. Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or
Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the
OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or
Axon Performance to Agency.
1.1. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon
Performance as a standalone, the subscription begins the later of the (1) date Axon provisions
Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency, or (2)
first day of the month following the Effective Date.
1.2. 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 Cloud Services Terms of Use Appendix also apply to Portal
Content.
3. Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency,
Axon will need to store call for service data from Agency’s CAD or RMS.
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Axon Auto-Transcribe Appendix
This Appendix applies if Axon Auto-Transcribe is included on the Quote.
1. Subscription Term. If Agency purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud
Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon
Cloud Services license term, or (2) date Axon provisions Axon Auto-Transcribe to Agency. If Agency
purchases Axon Auto-Transcribe minutes as a standalone, the subscription begins on the date Axon
provisions Axon Auto-Transcribe to Agency.
1.1. If Agency cancels Auto-Transcribe services, any amounts owed by the Parties will be based on
the amount of time passed under the annual subscription, rather than on the number of minutes
used, regardless of usage.
2. Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Agency a set number of minutes, Agency
may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Agency will
not have the ability to roll over unused minutes to future Auto-Transcribe terms. Axon may charge
Agency additional fees for exceeding the number of purchased minutes. Axon Auto-Transcribe minutes
expire one year after being provisioned to Agency by Axon.
3. Axon Unlimited Transcribe. Upon Axon granting Agency an Unlimited Transcribe subscription to Axon
Auto-Transcribe, Agency may utilize Axon Auto-Transcribe with no limit on the number of minutes.
Unlimited Transcribe includes automatic transcription of all Axon BWC and Axon Capture footage. With
regard to Axon Interview Room, Axon Fleet, Axon Citizen, or third-party transcription, transcription must
be requested on demand. Notwithstanding the foregoing, Axon may limit usage after 5,000 minutes per
user per month for multiple months in a row. Axon will not bill for overages.
4. Warranty. Axon disclaims all warranties, express or implied, for Axon Auto-Transcribe.
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Application Programming Interface Appendix
1. Definitions.
1.1. “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.
1.2. “API Interface” means software implemented by Agency to configure Agency’s independent API
Client Software to operate in conjunction with the API Service for Agency’s authorized Use.
1.3. “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.
1.4. “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. Configuration. 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. Agency 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;
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
4.11. 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 API Service fields in all responses and requests;
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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.
5.5. Prohibitions on API Content. Neither Agency nor its end users will use API content returned from
the API Interface to:
5.6. scrape, build databases, or otherwise create permanent copies of such content, or keep cached
copies longer than permitted by the cache header;
5.7. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly
display, or sublicense to any third-party;
5.8. misrepresent the source or ownership; or
5.9. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and
trademark notices).
6. 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.
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Axon Investigate Appendix
If the Quote includes Third Party Video Support Licenses, the following appendix shall apply.
1. License Grant. Subject to the terms and conditions specified below and upon payment of the
applicable fees set forth in the Quote, Axon grants to Agency a nonexclusive, nontransferable license
to install, use, and display the Axon Investigate software ("Software") solely for its own internal use only
and for no other purpose, for the duration of subscription term set forth in the Quote. This Agreement
does not grant Agency any right to enhancements or updates, but if such are made available to Agency
and obtained by Agency they shall become part of the Software and governed by the terms of this
Agreement.
2. Third-Party Licenses. Axon licenses several third-party codecs and applications that are integrated
into the Software. Users with an active support contract with Axon are granted access to these
additional features. By accepting this agreement, Agency agrees to and understands that an active
support contract is required for all of the following features: DNxHD output formats, decoding files via
the “fast indexing” method, proprietary file metadata, telephone and email support, and all future
updates to the software. If Agency terminates the annual support contract with Axon, the features listed
above will be disabled within the Software. It is recommended that users remain on an active support
contract to maintain the full functionality of the Software.
3. Restrictions on Use. Agency may not permit any other person to use the Software unless such use is
in accordance with the terms of this Agreement. Agency may not modify, translate, reverse engineer,
reverse compile, decompile, disassemble or create derivative works with respect to the Software,
except to the extent applicable laws specifically prohibit such restrictions. Agency may not rent, lease,
sublicense, grant a security interest in or otherwise transfer Agency’s rights to or to use the Software.
Any rights not granted are reserved to Axon.
4. Term. For purchased perpetual Licenses only--excluding Licenses leased for a pre-determined period
of time, evaluation licenses, companion licenses, as well as temporary licenses--the license shall be
perpetual unless Agency fails to observe any of its terms, in which case it shall terminate immediately,
and without additional prior notice. The terms of Paragraphs 1, 2, 3, 5, 6, 8 and 9 shall survive
termination of this Agreement. For licenses leased for a pre-determined period of time, for evaluation
licenses, companion licenses, as well as temporary licenses, the license is granted for a period
beginning at the installation date and for the duration of the evaluation period or temporary period as
agreed between Axon and Agency.
5. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in
and to the Software and all changes, modifications and enhancements thereof (including ownership of
all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original
or copies may exist, subject only to the rights and privileges expressly granted by Axon. This agreement
does not provide Agency with title or ownership of the Software, but only a right of limited use.
6. Copies. The Software is copyrighted under the laws of the United States and international treaty
provisions. Agency may not copy the Software except for backup or archival purposes, and all such
copies shall contain all Axon’s notices regarding proprietary rights as contained in the Software as
originally provided to Agency. If Agency receives one copy electronically and another copy on media,
the copy on media may be used only for archival purposes and this license does not authorize Agency
to use the copy of media on an additional server.t
7. Actions Required Upon Termination. Upon termination of the license associated with this Agreement,
Agency agrees to destroy all copies of the Software and other text and/or graphical documentation,
whether in electronic or printed format, that describe the features, functions and operation of the
Software that are provided by Axon to Agency ("Software Documentation"), or return such copies to
Axon. Agency agrees that with respect to any copies that may exist with respect to media containing
regular backups of Agency’s computer or computer system, that Agency shall not access such media
for the purpose of recovering the Software or online Software Documentation.
8. Export Controls. None of the Software, Software Documentation or underlying information may be
downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required,
by the office of Export Administration of the United States, Department of Commerce, nor to any country
to which the U.S. has embargoed goods, to any person on the U.S. treasury Department’s list of
Specially Designated Nations or the U.S. Department of Commerce’s Table of Denials.
SERIAL# 230145-IGA
9. U.S. Government Restricted Rights. The Software and Software Documentation are Commercial
Computer Software provided with RESTRICTED RIGHTS under Federal Acquisition Regulations and
agency supplements to them. Use, duplication or disclosure by the U.S. Government is subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR
255.227-7013 et. Seq. or 252.211-7015, or subparagraphs (a) through (d) of the Commercial Computer
Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR
Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona
85255.
SERIAL# 230145-IGA
EXHIBIT D - SECURITY FEATURES
Evidence.com provides many security features and capabilities to enable customers to securely
manage digital evidence. Evidence.com customers have varying risk profiles, and different security
needs. Many of the following security features can be enabled or disabled by customers as needed, or
can be changed to meet a specific level of risk. The default settings for these security features were
chosen to provide a strong level of security, while still maintaining flexibility and convenience.
Customers are encouraged to evaluate these features and set them to align them with their own unique
needs.
Access Control
Evidence.com includes many features to provide robust access control.
•
Customizable password length & complexity requirements
•
Customizable lockout (failed login) limits
•
Customizable session timeout settings
•
Mandatory challenge questions when authenticating from new locations
•
Multiple multi-‐factor authentication options (one time code via SMS, Email, or Phone call-back)
•
Role-based permission management
•
Device-level permission management (for example, allow specific users to use the web-based
interface, but not the mobile application)
•
Restrict access to defined IP ranges (limit access to approved office locations)
Encryption
Evidence.com uses strong encryption to protect evidence data in transit and at rest.
•
FIPS 140-2 approved encryption ciphers (or stronger)
•
Robust SSL/TLS implementation for data in transit.
o
RSA 2048 bit key
o
TLS 1.2 with 256 bit connection
o
Perfect Forward Secrecy
•
256 bit AES encryption for evidence data in storage
Evidence Integrity
Evidence.com includes features to ensure the integrity and authenticity of digital evidence. These
features ensure the evidence meets chain-‐of-‐custody requirements and can be proven to be authentic
and free from tampering.
•
Forensic fingerprint of each evidence file using industry standard SHA hash function. Integrity is
validated before and after upload to ensure no changes occurred during transmission.
•
Full tamper-‐proof evidence audit records. Logs the when, who, and what for each evidence file.
These records cannot be edited or changed, even by account administrators.
•
Original evidence files are never altered; even when derivative works (video segments) are created.
•
Deletion protection, including deletion approval workflows, deletions notification emails, and a
deletion remorse period to recover accidently deleted evidence files.
Access Management
Axon Enterprise maintains account management policies and practices for Evidence.com. These
include access control standards, account management procedures, regular account and permission
validation, the principle of least privilege, and remote access policies that include 2-‐factor authentication
for all administrative activities.
Security Monitoring & Response
Axon Enterprise maintains security monitoring and incident response policies and practices for
Evidence.com. These include robust attack detection, incident response procedures, logging and
monitoring standards, and reporting to appropriate parties.
Vulnerability Management
Axon Enterprise maintains vulnerability management policies and practices for Evidence.com. These
include regular vulnerability scans and penetration tests, awareness of newly disclosed vulnerabilities and
security patches, and vulnerability remediation procedures.
SERIAL# 230145-IGA
Configuration Management
Axon Enterprise maintains configuration management policies and practices for Evidence.com.
These include system configuration standards, patch management procedures, malicious software
protection, and secure architecture standards.
Data Protection
Axon Enterprise maintains policies and practices to protect data stored in Evidence.com. These include
a data classification standard, data handling and transfer practices, encryption standards, and key
management procedures.
Personnel
Axon Enterprise maintains policies and practices to ensure trustworthy and competent people are
working with Evidence.com. These include criminal background checks, and regular security training
that includes recognizing and defending against the latest threats.
Physical Protection
Axon Enterprise maintains policies and practices for physical protection of Evidence.com. These
include biometric access controls for Axon facilities, physical access management procedures, and
identification badge standards.
The Evidence.com data centers are managed by Microsoft Azure (Microsoft). Axon regularly validates
audit results of Microsoft security practices to ensure the data center physical security practices are robust
and effective. Microsoft provides many layers of physical security for their data centers. Microsoft data
centers are housed in nondescript facilities. Physical access is strictly controlled both at the perimeter and
at building ingress points by professional security staff utilizing video surveillance, intrusion detection
systems, and other electronic means. Authorized staff must pass two-‐factor authentication a minimum of
two times to access data center floors. Microsoft only provides data center access and information to
employees and contractors who have a legitimate business need for such privileges. When an employee
no longer has a business need for these privileges, his or her access is immediately revoked, even if they
continue to be an employee of Microsoft. All physical access to data centers by Microsoft employees is
logged and audited routinely.
Risk Management
Axon Enterprise maintains policies and practices for risk management of Evidence.com. These
include various types of risk assessments, practices to identify and address high-‐risk issues,
regular assessments to test security control effectiveness, and security metrics for continuous
monitoring.
Third-Party Security Management
Axon Enterprise maintains policies and practices for vendor security management related to
Evidence.com. These include vendor security evaluations and review of audit reports to ensure security
and compliance expectations are being met.
Axon shall share with MCSO IT Department Axon’s living document titled “The Criminal Justice
Information System (CJIS) Security Policy.”