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5.3 Police Department Tasers
CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/06/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 5 BY: ITEM Police Department FINAL APPROVAL: NO: 3 Page t BY: Sean S. Morton, Deputy Chief BY: �LJ ITEM: Consider authorizing the City Manager to execute a five-year agreement with AXON Enterprise, Incorporated, for the purchase of 68 new AXON Taser 7 Conductive Energy Weapons (CEW), cartridges, software licensing, training equipment, and ancillary equipment. BACKGROUND: The police department's current inventory of Taser CEWs were purchased in 2017. Like many technological products, especially sophisticated electronic devices, a CEW's high voltage capacitor and other electronic components wear out or become obsolete over time. Therefore there is a need to replace them on an ongoing basis. In addition, AXON recommends that CEW equipment be replaced every five years. The police department is requesting authorization to purchase AXON's newest CEW, the Taser 7. Taser 7 is part ofAXON's technology ecosystem and is compatible with the police department's current AXON body -worn cameras and in -car video systems. The Taser 7 offers several enhancements compared to the department's current Taser model (X26p): 1. Taser cartridges are optimized for close -range deployment (probes will reach optimum spread at a distance of three feet). 2. When Taser 7's selector switch is put in the armed position, the CEW sends out a signal for 30 seconds that activates any AXON body camera or in -car camera within a 30 -foot radius. This is advantageous as during tense, uncertain, life-threatening, and rapidly evolving situations, officers may not have the opportunity to activate their body -worn cameras. 3. The Taser 7 will be yellow in color. This will provide a visual cue to others that the officer is not pointing a firearm. 4. Spark displays can be accomplished without having to remove cartridges. 5. Rechargeable batteries 6. Improve accuracy and effectiveness as darts fly straighter and faster. 7. Dual laser pointers as opposed to one. 8. The second cartridge can be fired without the need to reload. 9. Firmware updates and firing log downloads will be automated. FISCAL NOTE: The police department received a quote (attached) for 68 new AXON Taser 7 Conductive Energy Weapons (CEW), cartridges, software licensing, training equipment, and other ancillary equipment. Included in the quote is an annual allotment of Taser duty and training cartridges. With this arrangement, the city will realize a cost-saving over a period of five years as it locks the purchase price of cartridges at today's rate. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/06/2022 4:00 P.M. AGENDA SECTION NO: ITEM NO: Page 2 AXON's proposal allows for annual ORIGINATING DEPARTMENT: I FISCAL APPROVAL: BY: Police Department FINAL APPROVAL: BY: Sean S. Morton, Deputy Chief I BY: payments in the following amounts: Year Amount 2022 $41,081.31 2023 $39,998.43 2024 $39,998.43 2025 $39,998.43 2026 $39,998.43 Total $201,075.03 AXON Taser 7 is compatible with the police department's current AXON body -worn and in -car camera systems. AXON hardware and software products are integrated and designed to work together with other AXON products. No other company currently sells a CEW that will activate the police department's camera systems. The City's Purchasing Policy allows the city to utilize sole source purchasing when the purchase provides compatibility with existing systems or the continuation of an existing project in which knowledge of specific work has been demonstrated. As detailed in this report and the attached AXON sole source documentation, this will be a sole source purchase. Anticipating the need to upgrade Taser equipment, the police department included $52,000 in its 2022 operating budget under Other Contractual for this purchase. Officers certified in the use of a CEW will be required to attend a minimum of four hours of transitional training on the new Taser 7. As with other police department in-service training, some officers will not be able to attend training during normal duty hours. Thus, there will be some overtime training costs. If the purchase is approved, AXON Enterprise and the city have agreed to use an amendment to the AXON Enterprise Master Service and Purchase Agreement (attached) reviewed by city legal in November of 2020 and signed by Mayor Michael Hoppock on November 23, 2020. This Master service agreement was used for the purchase of AXON Fleet 2, in -car videos systems installed in marked police cars. The Taser 7 Amendment, and Quote have been reviewed by city legal counsel and determined to be acceptable. This quote expires on June 22, 2022. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: 1. Authorize the City Manager to execute a five-year agreement with AXON Enterprise, Incorporated, for the purchase of 68 new AXON Taser 7 Conductive Energy Weapons (CEW), cartridges, software licensing, training equipment, and ancillary equipment for a total cost of $201,075.03. 2. Authorize the City Manager to execute a five-year agreement with AXON Enterprise, Incorporated, for the purchase of 68 new AXON Taser 7 Conductive Energy Weapons (CEW), CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/06/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: ITEM Police Department FINAL APPROVAL: NO: Page 3 BY: Sean S. Morton, Deputy Chief BY: cartridges, software licensing, training equipment, and ancillary equipment for a total cost of $201,075.03 with amendments as the City Commission deems appropriate. 3. Postpone consideration of the proposed five-year agreement with AXON Enterprise, Incorporated, authorizing the purchase of 68 new AXON Taser 7 Conductive Energy Weapons (CEW), cartridges, software licensing, training equipment, and ancillary equipment for a total cost of $201,075.03 to a specified date and time and provide staff direction regarding additional information or amendments the City Commission would like to request for their further consideration. 4. Vote to deny this request resulting in the police department continuing to use current Taser X26p equipment. Staff recommends Option # 1. Attachments: AXON Quote Copy of AXON Master Service and Purchase Agreement (Signed November 23, 2020) AXON Taser 7 Amendment to Master Service and Purchase Agreement AXON Sole Source Letter AXON Product Card Taser 7 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 860741227 Domestic: (80(1) 978-2737 International: +1.800.978.8. 2737 SHIP TO - BILL TO 3usiness',Oe1ivery;lmolce-255 N 10th St Salina Police Dept. - KS 255 N 10th St 255 N 10th St Salina, KS 67401-2149 Salina, KS 67401-2149 USA USA Email: Quote Summary Q-343293.44644.798KW Discount Summary Program Length 60 Months Average Savings Per Year $5,869.26 TOTAL COST $201,091.33 1 TOTAL SAVINGS $29,346_28 ESTIMATED TOTAL WlTAX $201,091.33 Payment Summary Date Quote Expiration'. D511512022 Tax • Account Number 112419 May 2022 - --- Payment Terms: N30 $0.00 Delivery Method: Fedex - Ground Jun 2022 - $1,37500 _PRIMARY CONTACT SALES REPRESENTATNE ' Kevin Watson 510,000 .00 Phone: (480) 463-2203 Phone: 7858336542 Email: kwatsoniiiaxon.com Email: sean.mortonMsxlinaorg Fac (480) 4632203 Fax: 1(785) 6266515 Discount Summary Program Length 60 Months Average Savings Per Year $5,869.26 TOTAL COST $201,091.33 1 TOTAL SAVINGS $29,346_28 ESTIMATED TOTAL WlTAX $201,091.33 Payment Summary Date Subtotal Tax Total f May 2022 - --- _ — $39,716.33 $0.00 $39,716.33 Jun 2022 - $1,37500 $000 $1,375.00'' $40,000.001 May 2023 - 510,000 .00 $0.00 $40000.00 May 2024 $10,000.00 $0.00 May 2025 $40,000.00 $0.00 $40,000.00 May 2026$40,000.00 _ _ $0.00 _ _ $40,000.00 Total -. _ _ — _ $201,091.33 _ _. $0.00 $201,091.33 Page 1 Q-34329344644.798KW Pricing All deliverables are Quote Unbundled Price: $230,430.43 Quote List Price: $215,422.03 Quote Subtotal: $201,091.33 Tax Total A la Carte Hardware 20050 HOOK -AND -LOOP TRAINING (HALT) SUIT 1 $789.75 $789.75 _ $799.75 $0:00 $789,75_ J 21181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS(12-50 $5023 $50.23 $2,511.50 $0.00 $2511.50 DEGREE)NS _ 22178 TASER7 HOOK -AND-LOOPTRN(HALT) CARTRIDGE, 150 $38.95 $38.95 $5,842.50 $0.00 $5,84250 CLOSE QUART NS 20087 TASER 7HOLSTER -BLACKHAWK, LEFT HAND 10 $8424 $8424 $842,40 $0_00 $842.40 7[178 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS(12- DEGREE) NIS 15053895 $38.95 $5,842.50 _. $0.00 $5,042.50 22178 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12- 150 W.95 $38,95 $5,842.50 $0.00 $5,842.50 DEGREE)NS - 12178 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS(12-150 $3095 $3895 $5,842,50 $0.00 $5,842.50 DEGREE) NS 12178 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12- 150 $38.95 $38.95 $5,842.50 $0.00 $5,84250 DEGREE)NS 20062 TASER 7 HOLSTER- BLACKHAWK, RIGHT HAND 12 $84.24 $84.24 $1,010.88 $0.00 $1,010.88 21178 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12- 150 $3895 $38,95 $5,842.50 $0.00 $5,842,50 DEGREE)NS 22170 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS(12-150 $38.95 $38.95 $5,842.50 $0.00 $5,842.50 DEGREE)NS A la Carte Software --_ 20248 TASER 7 EVIDENCE.COM LICENSE 1 60 $5.00 $0.00 $0.00 $0.00 _ $000 A la Carte Services 85147 CEA STARTER 1 $2,750.00 $1,375.00 $1,375_00 $1,375.00) Total -- -- - - _ $201,091.33 _$0.00 $0.00_ $20[091.33 Page 2 Q•343293.44844.798KW Delivery Schedule Hardware Bundle Nem DnerlpDon__. _____ QTY Estimated Delivery Date 2021 Taser 7 Basic Bundle _ 20062 TASER7HOLSTER-BLACKRAWK,RIGtITHAND 66 05/1512022 2021 Taser 7 Basic Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 056512022 2021 Taser 7 Basic Bundle 71019 NORTH AMER POWER CORD FOR AB38-BAY, AB21-BAY l6 -BAY DOCK 1 05/15/2022 2021 Taser 7 Basic Bundle 80087 TASER 7 TARGET,CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 1 05M 5022 2021 Taser 7 Basic Bundle 80090 TARGET FRAME, PROFESSIONAL, 275IN. X 751N., TASER 7 1 05115/2022 A la Carte 20050 HOOK -AND -LOOP TRAINING (HALT) SUIT -- 1 05/15/2022 A la Carte 20062 TASER7HOLSTER -BLACKHAWK, RIGHT HAND 12 05/1512022 Ala Cade _ 20067 TASER 7 HOLSTER BLACKHAWK, LEFT HAND 10 _05/1512022 Ala Cade 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 112-DEGREE)NS _ _ _ 150 _ 05115/2022 Afa Cade _ 22176 _ TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS _ 150 _- _ 0517512022 A la Cade 22178 TASER 7 HOOK -AND -LOOP TEN (HALT) CARTRIDGE, CLOSE QUART NS 150 05115/2022 A Is Cade 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12- DEGREE) NS 50 05115/2022 A la Cade 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS _ _ _ 150 05/15/2023 A Is Cade 22176 TASER7 LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS 150 05/152024 A la Carte 22176 _ TASER7 LIVE CARTRIDGE, CLOSE QUARTERS (12- DEGREE) NS _ 150 05/1512025 Ala Cate 22176 -_._. TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (72 -DEGREE) NS 150 05/1512026 Software Bundle Item Description _ QTY Estimated Start Date EsaIn End Date 2021 Taser?Basic Bundle 20248 TASER 7 EVIDENCE.COM LICENSE fib 0611512022 0611412027 A la Cane 20248 TASER 7 EVIDENCE.COM LICENSE 1 06/152022 06114/2027 Services I6urWle Item Description _CITY _ _ Ala Carte 85147 CEW STARTER 1 Warranties _ - Bundle Item Description QTY Estimated Start Date _ EsUmeted End Date_ _ 2021 Teser 7 Basic Bundle 80374 _ EXT WARRANTY, TASER 7 BATTERY PACK 79 05/15/2023 06642027 2021 Taser 7 Basic Bundle 80395 EXT WARRANTY, TASER 7 HANDLE 66 05115/2023 06114/2027 2021 Taser 7 Basic Bundle 80395 EXT WARRANTY, TASER 7 HANDLE 2 05115/2023 061142027 2021 Taser 7 Basic Bundle 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 0511512023 066//2027 Page 3 Q-343293-44644.796KW Payment Details May 2022 —_ -- - --- -__ Invoice Plan hem Deccriptlon _ _ Gty Subtotal Tax Total Year 1 77Basic 2(121 Taser 7 Basic Bundle 66 $17,034.30 $0.00 $17,034.30 Invace Upon Fulfilment 2050 HOOK -AND -LOOP TRAINING (HALT) SUIT 1 $789.75 $0.0 $789.75 Invoice Upon FuHiment 20062 TASER 7 HOLSTER- BLACKHAWK, RIGHT HAND 12 $1,010.88 $0.0 $1,010.88 Invoice Upon Fulfillment 20067 TASER 7 HOLSTER- BLACKHAWK, LEFT HAND 10 $842.40 $00 $842.40 Invoice Upon Fulfillment 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS 10 $5,84250 _ $DO $5,842.50 Invoice Upon Fulfiilmem 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS 150 $5,842.50 $0.00 $5,842.50 Invoice Upon Fulfillment 22178 TASER 7HOOK -AND -LOOP TRN(HALT) CARTRIDGE, CLOSE QUART NS 150 $5,842.50 $0.0 $5,84250 Imrolce Upon FUKIImeM 22181 TABER CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS 50 _ _ $2,511.50 $0.00 $2,511.50 FLTotal _ _ — _71NERT $99,718.33_ $0.00 $39,716.33 Jun 2022 Invoke Plan_ Item Deecriptlon _ Qty _ __ Subtotal Tax Total mace Upon Fulfillment 20248 TASER 7 EVIDENCE. COM LICENSE 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment _ 85147 _ _ _CEWSTART_ER 1 $1,375.00 $0.00 $1,375.00 _ Total $1,375.00 $0.00 $1,375.00 Ma 2023 brvoke Plan Rem Description --- aty - Yee2 Music ----_ 2021 Taser 7 Basic Bundle 66 $34,157.50 $00 $34,157,50 InvoxeU nFW00meM 22176 TASER7LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE NS ) 1_50 $584250 $00 $00 -Total $5,842.50 -lme Total ----.$40,000.01 ,00.00 May 2024 Invoke Plan Iles Description _ Qly SuMotal _Tax Total Year 3 17Bask _ 2021 Taser 7 Basic Bundle -- fib $34157.50 $0.00 83415T50 Imrolce_Upon Fulfllmenl 22176 TASER 7LIVE CARTRIDGE, CLOSE QUARTERS (1 2 -DEGREE) _ 150 $5,842.50 800 _ $584250 Total —.._ -_ _- _ $40,00.0 $0.0 50,00.00 j May 2025 Invoke Plan Rem Description _ Qty Subtotal Tax Total Year T7Bas1c 2021 Taser 7 Basic Bundle 86 $34,157.50__ _ —$0.0 $34,157.50 Invoice Upon Fu00lmem_ 22176 — - TASER7 UVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE)NS _ ._ —__ 150 __$5,942.50 _$0.00 $5,842.50 Total _ _ 54x,00.0 ___._50.00 $40,000.00 I May 2026 - Invoice Plan Rem Description Qly Subtotal _ Tax _ _ Total Years Metals 2021 Tager 7 Basic Bundle 66 $34157.50 $00$34,15750 i Invoice Urn Funllmem 22176 T ASE—R7LIVE CARTRIDGE, CLOSE QUARTERS (1 2-DEGREE)NS 150 $5,842.50 $00 $5,842.50 LT0Ia1- _—. _ 5401-00.0 $0.0 $40,00.0 Page 4 Q•34329344644.798KW Page 5 Q343293d4644.798KW 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. Standard Terms and Conditions Axon Master Services and Purchasing Agreement: ACEIP: Axon Enterprise Inc. Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at www.axon.conVIecal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, 9 applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govem 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. 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.comflegal/sales-terms-andconditions), 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. Page 6 434329344644.798KW Signature 3124/2022 Date Signed Page 7 Q-343293-44644.798KW AXONMaster Services and Purchasing Agreement This Master Services and Purchasing Agreement ("Agreement') Is between Axon Enterprise, Inc., a Delaware corporation ("Axon"), and the agency on the Quote ("Agency"). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote ("Etfective 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 products 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 therefore agree as follows; Definitions. 'Axon Cloud Services' means Axon's web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Evldence.com and Axon Devices or Axon client software. Axon Cloud Service excludes third -party applications, hardware warranties, and my.evidence.com. "Axon Device" means all hardware provided by Axon under this Agreement. "Quote' means an offer to sell and is only valid far devices and services on the quote at the specified prices. Any terms within Agency's purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors In any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services. Term, This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Tenn'). All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 plans begin after shipment of the applicable Axon Device. If Axon ships the Axon Device in the first half of the month, the start date is the 1 st of the following month. If Axon ships the Axon Device in the second half of the month, the start date is the 15th of the following month. For purchases solely of Axon Evidence subscriptions, the start date is the Effective Date. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term"). 3 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment obligations are non -cancelable. Agency will pay Invokes 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 FOB shipping point via common carrier. Title and risk of loss pass to Agency upon Axon's delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. 6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 7 Warranty. 7.1 Hardware Limited Warranty. Axon warrants that Axon -manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency's receipt, except Signal Sidearm, which Axon warrants for 30 months from the date of Agency's receipt. Axon warrants its Axon -manufactured accessories for 90 -days from the date of Agency's receipt. Used conducted energy weapon ('CEW") cartridges are deemed to have operated property. Extended warranties run from the expiration of the 1 -year hardware warranty through the extended warranty term. Non- Master on- a er Services and Purchasing Agreement between Xxon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 1 of 10 A AXON Master Services and Purchasing Agreement Axon manufactured Devices are not covered by Axon's warranty. Agency should contact the manufacturer for support of non -Axon manufactured Devices. 7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during the warranty term, Axon's sole responsibility is to repair or replace the Device with the same or like Device, at Axon's option. A replacement Axon Device will be new or like new. Axon will warrant the replacement Axon Device for the longer of (a) the remaining warranty of the original Axon Device or (b) 90 -days from the date of repair or replacement If Agency exchanges a device or part, the replacement item becomes Agency s property, and the replaced item becomes Axon's property. Before delivering a Axon Device for service, Agency must upload Axon 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 Device sent to Axon for service. 7.3 Spare Axon Devices. Axon may provide Agency a predetermined number of spare Axon Devices as detailed In the Quote ("Spare Axon Devices"). Spare Axon Devices will replace broken or non- functioning units. If Agency utilizes a Spare Axon Device, Agency must return to Axon, through Axon's warranty return process, any broken or non-functioning units. Axon will repair or replace the unit with a replacement Axon Device. Upon termination, Axon will invoice Agency the MSRP then In effect for all Spare Axon Devices provided. If Agency returns the Spare Axon Devices to Axon within 30 days of the invoice date, Axon wJIl issue a credit and apply it against the Invoice. 7A 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. 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 total amount of $1,000,000.00. 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. 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_Devira Waminas. See www.axon.com/leaal for the most current Axon Device warnings. 10 Deslan 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 Me: Master 5ervices and Purchasing Agreement between Axon aricJ Agency Department: Legal version: 11.0 Release Date: 6!6/2020 Page 2 of 10 ,�� AXON Master Services and Purchasing Agreement insurance. Upon request, Axon will supply certificates of insurance. 13 Indemnification. Axon will indemnify Agency's officers, directors, and employees ("Agency Indemnitees") against all claims, demands, losses, and reasonable expenses arising out of a third -party claim against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under this Agreement, except to the extent of Agency's negligence or willful misconduct, or claims under workers compensation. 14 1P Rights. Axon owns and reserves all right, title, and interest in Axon devices and services and suggestions to Axon, Including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated. is IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third -party claim alleging that the use of Axon Devices or Services infringes or misappropriates the third-partys 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 appy to claims based on (a) modification of Axon Devices or Services by Agency or a third -party not approved by Axon; (b) use of Axon Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted In this Agreement; or (d) use of Axon software that is not the most current release provided by Axon. 18 Agency Responsibililli Agency Is responsible for (a) Agency's use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between Agency and a third -party over Agency's use of Axon Devices. 17 Termination. 17.1 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. 17.2 By Agency. Agency is subject to Kansas budget and cash basis laws and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for Agency, it is subject to annual appropriation by Agency's governing body for future fiscal years. If Agency's governing body does not appropriate the funds necessary to fulfill Agency's financial obligations pursuant to this Agreement, Agency shall so notify Axon and this Agreement shall be null and void for purposes of the fiscal year(s) affected by the decision of the governing body not to appropriate. Notwithstanding the foregoing, Section 17.3 shall still applyto termination under this Section. 17.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for ail 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 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 in lieu of paying the difference between the MSRP for Axon Devices received and amounts paid towards those Axon Devices, as otherwise required by this Section 17.3. 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. 18 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. To the extent allowed by applicable law, including but not limited to the Title: Master e"ms and Purchasing Agreement Fetwein Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 3 of 10 AX 0 N Master Services and Purchasing Agreement Kansas Open Records Act, K.S.A. 45-215, at seq., 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 Parry's Confidential Information during the Term and for 5 -years thereafter. Axon may publicly announce information related to this Agreement. 19 General. 19.1 Force Majeure. Neither Party will be liable for any delay orfailure to perform due to a cause beyond a Party's reasonable control. 19.2 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. 19.3 Third -Party Beneficiaries. There are no third -party beneficiaries underthis Agreement. 19.4 Non -Discrimination, In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, Axon and its subcontractors, if any, agree that: (1) Axon shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race, sex, religion, age, color, national origin, ancestry or disability, (2) Axon shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer," or a similar phrase to be approved by Agencys human relations director; (3) If Axon fails to comply with the manner in which Axon reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, Axon shall be deemed to have breached this Agreement and it may be canceled, terminated or suspended, in whole or in part, by Agency; (4) If Axon is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, Axon shall be deemed to have breached this Agreement and it maybe canceled, terminated or suspended, in whole or in part, by Agency; (5) Axon shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race, sex, religion, age, color, national origin, ancestry or disability; and (6) Axon shall include similar provisions In any subcontract under this Agreement. 19,5 Export Compliance. Each Party will comply with all import and export control laws and regulations 19.6 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. —T, eas er ery res an ui as ng -Agreement between xon and Agency Department: Legal Version: 11.0 Release Date: 9/6/2020 Page 4 of 10 Ak AXON Master Services and Purchasing Agreement 19.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 19.8 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 19.9 Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities. 19.10 Governing Law. The laws of the state where Agency is physically boated, 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 19.11 Notices. All notices must be in English. Notices posted on Agency's Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective Immediately. Contact Information for notices: Axon: Axon Enterprise, Inc. Agency: Salina Police Department Attn: Legal Attn: Sean Morton, Deputy Police Chief 17800 N. 85th Street P.O. Box 736 Scottsdale, Arizona 85255 Salina, KS 67402-0736 legal@axon.com sean.morton@salina.org 19.12 Entire Agreement, This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement This Agreement may only be modified or amended In a writing signed by the Parties. Each representative Identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon EnterpIn Signature Name: /r�//T1�71 rJ lQ z./yj Date: Agency Signature✓/ Name: Title: Date:.�ddc'� e: Master Services and Purchasing Agreement a Len Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 5 or 10 J' A X 0 I v Master Services and Purchasing Agreement Axon Cloud Services Terms of Use Appendix peflntttons. "Agency Content" is data uploaded Into, ingested by, or created In Axon Cloud Services within Agency's tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content Includes Evidence but excludes Non -Content Data. "Evidence" is media or multimedia uploaded Into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. 'Non -Content Data' is data, configuration, and usage information about Agency's Axon Cloud services tenant, Axon Devices and client software, and users that Is transmitted or generated when using Axon Devices. Non -Content Data Includes data about users captured during account management and customer support activities. Non -Content Data does not include Agency Content. '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. 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 spedfles. 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. 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 are not business records of Axon. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content Axon will have limited access to Agency Content solely for providing and supporting Axon Cloud Services to Agency and Agency and users. 4 Sacurl . 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 Aaencv Resoonsibllltles. 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. Agency will also maintain the security of end user names and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon Immediately N an unauthorized party may be using Agency's account or Agency Content, or a account Information is lost or stolen. Title: Master Servioes and PurchasingWg—reementbetween Axon anZ ancy Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 6 of 10 & A 0 N Master Services and Purchasing Agreement P ivaev. Axon will not disclose Agency Content or information about Agency except as compelled by a court or administrative body or required by law or regulation. If Axon receives a disclosure request for Agency Content, Axon will give Agency notice, unless legally prohibited from doing so, to allow Agency to file an objection with the court or administrative body. Agency agrees to allow Axon access to certain information from Agency to (a) perform troubleshooting services upon request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing the use of Axon Evidence; or (c) perform analytic and diagnostic evaluations of the systems. AxQn 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 Gaud 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 WWI 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. CSkyhook") to facilitate the WI -F! 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. ora e. 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 B months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access. 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 Susoenalon. Axon may temporarily suspend Agencyrs 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 -parry; (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. 17 Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services. 12 Axon Records. Axon Records is the software-asa-service product that Is generally available at the time Agency purchases an OSP 7 bundle. During Agency's Axon Records Subscription Term, Agency will be entitled to receive Axon's Update and Upgrade releases on an if -and -when available basis. An 'Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon Introduces and markets as distinct products or applications. New or additional Axon products and applications, as well as any Axon professional services t e: master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 7 of 10 J'&L AXON Master Services and Purchasing Agreement 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. 13 Myn Cloud Services Restrictions. Agency and Agency end users (Including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; 13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; 13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 13A use trade secret Information contained in Axon Cloud Services, except as expressly permitted in this Agreement; 13.6 access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; 13.6 remove, atter, 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 13.7 use Axon Cloud Services to store or transmit Infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third -party privacy rights; or to store or transmit malicious code. 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 abllity 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 date 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'a 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, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions. gmee: Master ery ces anPurchasing een xon and Agency Department: Legal Version: 11.0 Release Date: 8/6/2020 Page 8 of 10 ,�� A O I V Master Services and Purchasing Agreement Axon Fleet Appendix 1 Anencv Responsibilities. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, 'Axon Fleet) as established by Axon during the qualifier call and on-site assessment at Agency and In any technical qualifying questions. If Agency's representations are Inaccurate, the Quote is subject to change. 2 Cradlepolnt If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint's end user license agreement The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly. 3 Third -party Installer Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications If such failure results from installation not performed by, or as directed by futon, 4 Wireless Offload Server. 4.1 License Grant. Axon grants Agency a non-exclusive, royalty -free, worldwide, perpetual license to use Wireless Offload Server ('WOS'). "Use" means storing, loading, Installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription. 4.2 Restrictions. Agency may not: (a) modify, atter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decomp€Ie WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS In whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, after or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within WOS. 4.3 Updates. if Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS ('WOS Updates") available electronically via the Internet or media as determined by Axon. Agency Is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term. 4.4 WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency's store and forward servers solely for troubleshooting and maintenance. Axon Vehicle Software. 5.1 License Grant Axon grants Agency a non-exclusive, royalty -free, worldwide, perpetual license to use VIewXL or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription. 5.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, after or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within Axon Vehicle Software, TItFe: Maiter Services and urc as ng Agreement between Axon and Agency Department: Legal Version: 11.0 page 9 of 10 Release Date: 8/6/2020 /`l AXO I v Master Services and Purchasing Agreement Axon Fleet Uocrede. If Agency has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware ("Fleet Upgrade") as schedule on the Quote. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP In effect at the time of the upgrade. Agency is responsible for the removal of previously Installed hardware and installation of the Axon Fleet Upgrade. Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, Including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency. lPr vacv. Axon will not disclose Agency Content or any Information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice If any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body. Agency acknowledges and agrees that Axon may access Agency Content to: (a) perform troubleshooting services upon request or as part of Axon's maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of Axon Evidence; (c) generate aggregated data, excluding information that can be used to distinguish or trace an Individual's Identity, either alone or when combined with other personal or Identifying information that is linked or linkable to a specific individual (collectively, "Pin, to improve, analyze, support, and operate Axon's current and future devices and services. Axon Fleet Termination. Axon may terminate Agency's Fleet subscription for non-payment. Upon any termination: 8.1 Axon Fleet subscription coverage terminates, and no refunds will be glvan. 8.2 Axon will not and has no obligation to provide the Axon Fleet Upgrade. 8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP e: a er ery ce$ an urc as ng Ore -I a een xon an gency Department: Legal Version: 11.0 Page 10 of 10 Release Date: 6/6/2020 ailk First Amendment to Master Services AXO N and Purchasing Agreement This First Amendment ("Amendment') is between Axon Enterprise, Inc. (f/k/a Taser International, Inc.), a Delaware corporation ("Axon"), and the City of Salina, Kansas, acting through the Salina Police Department ("Agency"). This Amendment is effective as of the last signature date on this Amendment ("Effective Date"). Axon and Agency are each a "Party" and collectively "Parties". Axon and Agency are parties to a Master Services and Purchasing Agreement dated November 23, 2020 ("Agreement'). The Parties wish to incorporate further changes into the Agreement in order to expand the scope of offered products. The Parties therefore agree as follows: 1. The attached documents are hereby incorporated into the Agreement: a. Professional Services Appendix (as amended). b. TASER 7 Appendix c. Quote Q-343293 2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. Each representative identified below declares that the representative is authorized to execute this Amendment as of the date of signature. Axon Enterprise, Inc. Signature: Name: Title: Date: Agency Signature: 2FT1", Title: Date: Page 1 of 5 First Amendment to Master Services A XO N and Purchasing Agreement Professional Services Appendix If any of the Professional Services specified below are included on the Quote, this Appendix applies. 1. Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date. 2. CEW Services Packages. CEW Services Packages are detailed below: System set up and configuration • Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4-6 weeks before rollout Best practice implementation planning session to include: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon's observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide training on the Axon Evidence to educate instructors who can support Agency's subsequent Axon Evidence training needs. • For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment Axon's on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go -live review For the CEW Full Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included. 3. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. Page 2 of 5 First Amendment to Master Services AXON and Purchasing Agreement 4. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 5. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 6. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional Services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it 7. Acceptance. When Axon completes professional Services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re -present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services. 8. Agency Network. For work performed by Axon transiting or making use of Agency's network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency's network from any cause. Page 3 of 5 �AXON First Amendment to Master Services and Purchasing Agreement TASER 7 Appendix This TASER 7 Appendix applies to Agency's TASER 7, OSP 7, or OSP 7 Plus purchase from Axon, 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. 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. 4. 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 5. 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. 6. 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. 7. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body. B. 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: 8.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given 8.2. 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. Page 4 of 5 First Amendment to Master Services A XO N and Purchasing Agreement 8.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. Page 5 of 5 ea AXON 3/24/2022 To: City of Salina, Kansas Re: Sole Source Letter for Axon Enterprise, Inc.'s TASER Energy Weapons, Axon brand products, and Axon Evidence (Evidence.com) Data Management Solutions A sole source justification exists because the following goods and services required to satisfy the agency's needs are only manufactured and available for purchase from Axon Enterprise. Axon is also the sole distributor and retailer of all TASER brand products for the agency identified in this letter. TASER Energy Weapon Descriptions :i TASER TASER 7 Energy Weapon • Multiple -shot energy weapon • High -efficiency flashlight • Close Quarter and Standoff cartridges • Green LASER and dual red LASERS that adjust for cartridge angle • Arc switch enables drive -stun with or without a TASER 7 Cartridge installed • Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status. • Weapon logs • TASER 7 Dock connected to Axon Evidence (Evidence.com) services • Onboard self-diagnostic and system status monitoring and reporting • Real-time clock updated when the battery pack is plugged into the TASER 7 Dock • Ambidextrous safety switch • Can be configured by the agency to alert Axon camera systems • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with TASER 7 Cartridges only TASER 7 CQ Energy Weapon • Multiple -shot energy weapon for agencies that deploy energy weapons mostly at close quarters (CQ) • High -efficiency flashlight • Close Quarter cartridges • Arc switch enables drive -stun with or without a TASER 7 Cartridge installed • Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status. • Weapon logs • TASER 7 Dock connected to Axon Evidence (Evidence.com) services Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 1 jd AXON • Onboard self-diagnostic and system status monitoring and reporting • Real-time clock updated when the battery pack is plugged into the TASER 7 Dock • Ambidextrous safety switch • Can be configured by the agency to alert Axon camera systems • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with 12 -degree TASER 7 Cartridges only X2 Energy Weapon • Multiple -shot energy weapon • High efficiency flashlight • Static dual LASERs (used for target acquisition) • ARC switch enables drive -stun with or without a Smart Cartridge installed • Central Information Display (CID): Displays mission -critical data such as remaining battery energy, burst time, operating mode, and user menu to change settings and view data on a yellow -on -black display • The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services. • Real-time clock with back-up battery • Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch • Capable of audio/video recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM HD AS). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position • Compatible with TASER Smart Cartridges only X26P Energy Weapon • High efficiency flashlight • Red LASER (used for target acquisition) • Central Information Display (CID): Displays data such as calculated remaining energy, burst time, and notifications • The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services. • Real-time clock with back-up battery • Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch • Capable of audio/video recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with Axon Enterprise, Inc. Energy Weapon and Anon System Sole Source Letter Version 40.0 Page 2 `ag AXO N an APPM or TASER CAM HD AS). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with TASER standard series cartridges Axon Signal Performance Power Magazine (SPPM) • Battery pack for the X2 and X26P conducted energy weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras. TASER Brand Energy Weapon Model Numbers 1. Energy Weapons: • TASER 7 Models: 20008, 20009, 20010, and 20011 • TASER 7 CQ Models 20213, 20214 • TASER X2 Models: 22002 and 22003 • TASER X26P Models: 11002 and 11003 2. Optional Extended Warranties for Energy Weapons: • TASER 7 — 4 -year extended warranty, item number 20040 • X2 — 4 -year extended warranty, item number 22014 • X26P — 2 -year extended warranty, item number 11008 • X26P — 4 -year extended warranty, item number 11004 3. TASER 7 Cartridges (compatible with the TASER 7; required for this Energy Weapon to function in the probe deployment mode) • Standoff cartridge, 3.5 degrees, Model 22175 • Close Quarter cartridge, 12 degrees, Model 22176 • Hook and Loop Training (HALT) cartridge, 3.5 degrees, Model 22177 • Hook and Loop Training (HALT) cartridge, 12 degrees, Model 22178 • Inert cartridge, 3.5 degrees, Model 22179 • Inert cartridge, 12 degrees, Model 22181 4. TASER standard cartridges (compatible with the X26P; required for this Energy Weapon to function in the probe deployment mode): • 15 -foot Model: 22188 • 21 -foot Model: 22189 • 21 -foot non-conductive Model: 44205 • 25 -foot Model: 22190 5. TASER Smart cartridges (compatible with the X2; required for this Energy Weapon to function in the probe deployment mode): • 15 -foot Model: 22184 • 25 -foot Model: 22185 • 25 -foot inert simulation Model: 22155 • 25 -foot non-conductive Model: 22157 6. Battery Packs for TASER 7 Energy Weapons: Noon Enterprise, Inc. Energy Weapon and Noon System Sole Source Letter Version 40.0 Page 3 `� AXON • Tactical battery pack Model 22018 • Compact battery pack Model 22019 • Non -Rechargeable battery pack Model 22020 • Disconnect battery pack Model 20027 TASER CAM HD recorder Model: 26810 (full HD video and audio) and TASER CAM HD with AS (automatic shut -down feature) Model: 26820. The TASER CAM HD is compatible with both the X26P and X2 energy weapons. • TASER CAM HD replacement battery Model: 26764 • TASER CAM HD Download Kit Model: 26762 • TASER CAM HD optional 4 -year extended warranty, item number 26763 8. Battery Packs for X26P and X2 Energy Weapons: • Performance Power Magazine (PPM) Model: 22010 • Tactical Performance Power Magazine (TPPM) Model: 22012 • Automatic Shut -Down Performance Power Magazine (APPM) Model: 22011 • eXtended Performance Power Magazine (XPPM) Model: 11010 • eXtended Automatic Shut -Down Performance Power Magazine (XAPPM) Model: 11015 • Axon Signal Performance Power Magazine (SPPM) Model: 70116 9. TASER 7 Dock: • TASER 7 Dock Core and Multi -bay Module: 74200 10. TASER Dataport Download Kits: • Dataport Download Kit for the X2 and X26P Model: 22013 11. TASER Blast Door Repair Kit Model 44019 and TASER Blast Door Replenishment Kit Model 44023 12. Energy Weapon Holsters: • Right-hand TASER 7 holster by Safariland Model: 20063 • Left-hand TASER 7 holster by Safariland Model: 20068 • Right-hand TASER 7 holster with cartridge carrier by Safariland Model: 20160 • Left-hand TASER 7 holster by with cartridge carrier by Safariland Model: 20161 • Right-hand X2 holster by BLACKHAWK Model: 22501 • Left-hand X2 holster by BLACKHAWK Model: 22504 • Right-hand X26P holster by BLACKHAWK Model: 11501 • Left-hand X26P holster by BLACKHAWK Model: 11504 13. TASER Simulation Suit II Model 44550 14. TASER 7 conductive target Model: 80087 15. Blue X26P Demonstrator/LASER Pointer Model: 11023 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 4 AXON Axon Digital Evidence Solution Description Axon Body 3 Video Camera (DVR) • Improved video quality with reduced motion blur and better low -light performance • Multi-mic audio—four built-in microphones • Wireless upload option • Gunshot detection and alerts • Streaming audio and video capability • "Find my camera" feature • Verbal transcription with Axon Records (coming soon) • End-to-end encryption • Twelve-hour battery • Up to 120 -second buffering period to record footage before pressing record button Axon Flex 2 Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 0.1 lux • Audio tones to alert user of usage • Low SD, high SD, low HD, and high HD resolution (customizable by the agency) • Up to 120 -second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available • 120 -degree diagonal field of view camera lens, 102 -degree horizontal field of view, and 55 -degree vertical field of view Axon Flex 2 Controller • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Haptic notification available • Tactical beveled button design for use in pocket • Compatible with Axon Signal technology Axon Air System • Purpose-built solution for law enforcement UAV programs • Supported applications on iOS and Android • Automated tracking of pilot, aircraft, and flight logs • Unlimited Storage of UAV data in Axon Evidence (Evidence.com) • In application ingestion of data in Axon Evidence (Evidence.com) • Axon Aware integration for live streaming and situational awareness Axon Body 2 Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option • Wi-Fi capability • High, medium, and low quality recording available (customizable by the agency) • Up to 2 -minute buffering period to record footage before pressing record button Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 5 • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143 -degree lens • Includes Axon Signal technology Axon Fleet 2 Camera • Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with other Axon Fleet and Axon on -officer cameras allows for multi -camera playback on Axon Evidence. • Immediate upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER energy weapon Signal Performance Power Magazine (SPPM). • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit • Decentralized system architecture without a central digital video recorder (DVR). • Cameras that function independently and communicate wirelessly with the computer in the vehicle (MDT, MDC, MDU) for reviewing, tagging and uploading video. • Wireless record alert based on Bluetooth communication from Axon Signal Vehicle when a configured input is enabled (e.g. emergency light, siren, weapon rack, etc.). • Receives alerts from Axon Signal Sidearm. • Plug -And -Play design allowing for cameras to be easily replaced and upgraded. • Ability for an unlimited number of agency vehicles recording in the same vicinity with an Axon Fleet system to be automatically associated with one another when reviewing video in the video management platform. This feature is also supported across body cameras. Axon Signal Unit (ASU) • Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal Performance Power Magazine (SPPM) • Battery pack for the TASER X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras. Axon Signal Sidearm Sensor • Can be installed on common duty holsters • Drawing a service handgun from the holster sends a signal from the Axon Signal Sidearm sensor. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Interview Solution • High-definition cameras and microphones for interview rooms Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 6 • Covert or overt camera installations • Touch -screen user interface • Motion -based activation • Up to 7 -minute pre- and post -event buffering period • Full hardware and software integration • Upload to Axon Evidence services • Interview room files can be managed under the same case umbrella as files from Axon on -officer cameras and Axon Fleet cameras; i.e., Axon video of an arrest and interview room video are managed as part of the same case in Axon Evidence • Dual integration of on -officer camera and interview room camera with Axon Evidence digital evidence solution Axon Signal Technology • Sends a broadcast of status that compatible devices recognize when certain status changes are detected • Only compatible with TASER and Axon products Axon Dock • Automated docking station uploads to Axon Evidence services through Internet connection • No computer necessary for secure upload to Axon Evidence • Charges and uploads simultaneously • The Axon Dock is tested and certified by TUV Rheinland to be in compliance with UL 60950-1: 2007 R10.14 and CAN/ CSA -C22.2 N0.60950-1-07+AI:2011+A2:2014 Information Technology Equipment safety standards. Axon Evidence Data Management System • Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access to evidence based on pre -defined roles and permissions and pre- defined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP -based access restrictions, and multi -factor authentication support • Automated category -based evidence retention policies assists with efficient database management • Ability to recover deleted evidence within seven days of deletion • Stores and supports all major digital file types:.mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats • Ability to upload files directly from the computer to Axon Evidence via an Internet browser • Data Security: Robust Transport Layer Security (TLS) implementation for data in Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 7 AXON transit and 256 -bit AES encryption for data in storage • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault- and disaster -tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff • Protection: With no on-site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure • Stability: Axon Enterprise is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program • Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search 7 fields in addition to 5 category -based fields, create cases for multiple evidence files Axon Evidence for Prosecutors • All the benefits of the standard Axon Evidence services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Axon Evidence services • Unlimited storage for data collected by Axon cameras and Axon Capture Axon Capture Application • Free app for iOS and Android mobile devices • Allows users to capture videos, audio recordings, and photos and upload these files to their Axon Evidence account from the field • Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data Axon Commander Services • On -premises data management platform • Chain of custody reports with extensive audit Vail • Automated workflows, access control, storage, and retention • Compatible with multiple file formats Axon View Application • Free app for iOS and Android mobile devices • Allows user to view the camera feed from a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 camera in real-time • Allows for playback of videos stored on a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 system • Allows adding meta -data to videos, such as: Category, Title, Case ID, and GPS data Axon Records • Continuously improving automated report writing by leveraging Al and ML on officer Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 8 fd AXON recorded video, photo, and audio from BWC, In -Car, Mobile App (Axon Capture), or other digital media • Collaborative report writing through instantly synced workspaces allowing officers to delegate information gathering on scene • Instant access to records allowing detectives to begin their investigation and records clerks to update information exchanges on things like missing people or stolen property as soon as possible • Complete leveraging of Axon Evidence sharing to allow fast, efficient, digital, and secure sharing of records and cases to DAs and Prosecutors • Robust API and SDK allows data to be easily ingested and pushed out to other systems—preventing data silos • Deep integration with Axon Evidence putting video at the heart of the record and automating the process of tagging and categorizing digital evidence stored in Axon Evidence • Automatic association of digital evidence to the record and incident through Axon Evidence integration • In context search of master indexes (people, vehicles, locations, charges)— promoting efficient report writing through prefilling of existing data which promotes clean and deduped data in the system • Quick views for users to track calls for service and reports in draft, ready for review, kicked back for further information, or submitted to Records for archiving. • Federal and State IBRS fields are captured and validated—ensuring the officer knows what fields to fill and what information needs to be captured • Intuitive validation ensures officers know what information to submit without being burdened by understanding the mapping of NIBRS to state or local crime codes • Ability to create custom forms and add custom fields to incident reports—allowing your agency to gather the information you find valuable • Software as a Service (SaaS) delivery model that allows agencies to write, manage, and share digital incident reports without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share records and cases with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access based on pre -defined users, groups, and permissions • Password authentication includes customizable security parameters: customizable password complexity, IP -based access restrictions, and multi -factor authentication support • Security Testing: Independent security fines perform in-depth security and penetration testing • Reliability: Fault- and disaster -tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 9 Ad AXON Axon Standards • Internal affairs and professional standards reporting • Customizable information display, including custom forms • Customizable workflows and user groups • Automated alerts • Compatible with digital documents, photos, and videos • Connection with Transcription (beta) • Shared Index with evidence.com and Records • Data Warehouse allowing custom summary reports and integration into 3rd parry analytic tools. • Workflow analytics to provide SLA on throughputs • Integration with the TASER 7 energy weapon for automatically pulling firing logs (alpha) • Available as an option for Axon Records • Automatically bundled with Officer Safety Plan 7+ Axon Professional Services • Dedicated implementation team • Project management and deployment best practices aid • Training and train -the -trainer sessions • Integration services with other systems Axon Support Engineer: • Dedicated Axon Regional/Resident Support Engineer Services • Quarterly onsite visits • Solution and Process Guidance custom to your agency • White -Glove RMA and TAP (if applicable) Service for devices • Monthly Product Usage Analysis • Resident Support Engineer also includes onsite product maintenance, troubleshooting, and beta testing assistance Axon Customer Support • Online and email -based support available 24/7 • Human phone -based support available Monday—Friday 7:00 AM -5:00 PM MST; support is located in Scottsdale, AZ, USA • Library of webinars available 24/7 • Remote -location troubleshooting /11 AXON Axon Brand Model Numbers 1. Axon Body 3 Camera Model: 73202 2. Axon Flex 2 Cameras: Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 10 AXON • Axon Flex 2 Camera (online) Model: 11528 • Axon Flex 2 Camera (offline) Model: 11529 3. Axon Flex 2 Controller Model: 11532 4. Axon Flex 2 USB Sync Cable Model: 11534 5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48" (1.2 m) 6. Axon Flex 2 Camera Mounts: • Oakley Flak Jacket Kit Model: 11544 • Collar Mount Model: 11545 • Oakley Clip Model: 11554 • Epaulette Mount Model: 11546 • Ballcap Mount Model: 11547 • Ballistic Vest Mount Model: 11555 7. Universal Helmet Mount Model: 11548 8. Axon Air System with Axon Evidence (Evidence.com) 5 -Year License Model: 12332 9. Axon Body 2 Camera Model: 74001 10. Axon Flex 2 Controller and Axon Body 2 Camera Mounts: • Z -Bracket, Men's, Axon RapidLock Model: 74018 • Z -Bracket, Women's Axon RapidLock Model: 74019 • Magnet, Flexible, Axon RapidLock Model: 74020 • Magnet, Outerwear, Axon RapidLock Model: 74021 • Small Pocket, 4" (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6" (15.2 cm), Axon RapidLock Model: 74023 • MOLLE Mount, Single, Axon RapidLock Model: 11507 • MOLLE Mount, Double, Axon RapidLock Model: 11508 • Belt Clip Mount, Axon RapidLock Model: 11509 11. Axon Fleet Camera • Axon Fleet 2 Front Camera: 71079 • Axon Fleet 2 Front Camera Mount: 71080 • Axon Fleet 2 Rear Camera: 71081 • Axon Fleet 2 Rear Camera Controller: 71082 • Axon Fleet 2 Rear Camera Controller Mount: 71083 • Axon Fleet Battery System: 74024 • Axon Fleet Bluetooth Dongle: 74027 • Axon Fleet 3 Dual View Camera: 72000 • Axon Fleet 3 Interior Camera: 72037 • Axon Fleet Hub: 72010 12. Axon Signal Unit Model: 70112 13. Axon Dock Models: • Axon Dock — Individual Bay and Core for Axon Flex 2 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 11 AXON • Axon Dock — 6 -Bay and Core for Axon Flex 2 • Individual Bay for Axon Flex 2 Model: 11538 • Core (compatible With all Individual Bays and 6 -Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033 • Axon Dock — Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock — 6 -Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011 • Axon Signal Performance Power Magazine (SPPM) Model: 70116 /11 AXON Axon Brand Model Numbers 1. Axon Body 3 Camera Model: 73202 2. Axon Flex 2 Cameras: • Axon Flex 2 Camera (online) Model: 11528 • Axon Flex 2 Camera (offline) Model: 11529 3. Axon Flex 2 Controller Model: 11532 4. Axon Flex 2 USB Sync Cable Model: 11534 5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48" (1.2 m) 6. Axon Flex 2 Camera Mounts: • Oakley Flak Jacket Kit Model: 11544 • Collar Mount Model: 11545 • Oakley Clip Model: 11554 • Epaulette Mount Model: 11546 • Ballcap Mount Model: 11547 • Ballistic Vest Mount Model: 11555 • Universal Helmet Mount Model: 11548 7. Axon Body 2 Camera Model: 74001 8. Axon Body 2 Camera Mounts: • Axon RapidLock Velcro Mount Model: 74054 9. Axon Flex 2 Controller and Axon Body 2 Camera Mounts: • Z -Bracket, Men's, Axon RapidLock Model: 74018 • Z -Bracket, Women's Axon RapidLock Model: 74019 • Magnet, Flexible, Axon RapidLock Model: 74020 • Magnet, Outerwear, Axon RapidLock Model: 74021 • Small Pocket, 4" (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6" (15.2 cm), Axon RapidLock Model: 74023 Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 12 ig AXON • MOLLE Mount, Single, Axon Rapid Lock Model: 11507 • MOLLE Mount, Double, Axon RapidLock Model: 11508 • Belt Clip Mount, Axon RapidLock Model: 11509 10. Axon Air System with Axon Evidence (Evidence.com) 5 -Year License Model: 12332 11. Axon Fleet 2 Camera • Axon Fleet 2 Front Camera: 71079 • Axon Fleet 2 Front Camera Mount: 71080 • Axon Fleet 2 Rear Camera: 71081 • Axon Fleet 2 Rear Camera Controller: 71082 • Axon Fleet 2 Rear Camera Controller Mount: 71083 • Axon Fleet Battery System: 74024 • Axon Fleet Bluetooth Dongle: 74027 12. Axon Signal Unit Model: 70112 13. Axon Dock Models: • Axon Dock — Individual Bay and Core for Axon Flex 2 • Axon Dock — 6 -Bay and Core for Axon Flex 2 • Individual Bay for Axon Flex 2 Model: 11538 • Core (compatible with all Individual Bays and 6 -Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033 • Axon Dock — Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock — 6 -Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011 TASER 7 Warranties 1. Tactical Battery Pack Model 20041 2. TASER 7 Dock and Core Warranty Model: 20042 3. TASER 7 Single Bay Dock and Core Warranty Model: 20047 Axon Product Packages 1. Officer Safety Plan: includes an X2 or X26P energy weapon, Axon camera and Dock upgrade, and Axon Evidence (Evidence.com) license and storage. See your Sales Representative for further details and Model numbers. 2. Officer Safety Plan 71ncludes a TASER 7 energy weapon, Axon Body 3 camera, Axon Dock, Axon Camera and Dock upgrade, Axon Evidence (Evidence.com) licenses and storage, and Axon Aware, and Axon Records Core. 3. Officer Safety Plan 7 Plus: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Aware +, Axon Auto -Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, and Axon Signal Sidearm. Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 13 A AXON 4. TASER 7 Basic: Pays for TASER 7 program in installments over 5 years including access to Axon Evidence services for energy weapon program management. 5. TASER Assurance Plan (TAP): Hardware extended warranty coverage, Spare Products, and Upgrade Models available for the X2 and X26P energy weapons, and the TASER CAM HD recorder. (The TAP is available only through Axon Enterprise, Inc.)TASER 7 Certification: Pays for TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges and online training content. 6. TASER Certification Add -On: Allows the agency to pay an annual fee to receive an annual allotment of training cartridges, unlimited duty cartridges and online training content. 7. TASER 7 Certification with Virtual Reality (VR): Pays for the TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and VR training. 8. TASER 60: Pay for X2 and X26P energy weapons and Spare Products in installments over 5 years. 9. Unlimited Cartridge Plan: Allows agency to pay an annual fee to receive annual training cartridges, unlimited duty cartridges and unlimited batteries for the X2 and X26P. 10. TASER 60 Unlimited: Pay for X2 and X26P energy weapons and Spare Products in installments over 5 years and receive unlimited cartridges and batteries. 11. TASER 7 Close Quarters Dock Plan: Pays for TASER 7 Close Quarters Plan over a 5 - year period in installments including access to Evidence.com for energy weapon program management, rechargeable batteries, annual cartridge shipments, unlimited duty cartridges, and access to online training. 12. Axon Core: Pays for the TASER 7 CO, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, Axon Fleet Signal, and auto tagging. 13. Axon Core+: Pays for the TASER 7 energy weapon, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, Axon Fleet Signal, and auto tagging. 14. Corrections Officer Safety Plan: Includes a TASER 7 energy weapon, Axon Body 3 Camera, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage. 15. Corrections Post OSP: Includes one TASER 7 energy weapon for every two licenses, one Axon Body 3 Camera for every two licenses, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage for each license. Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 14 AXON SOLE AUTHORIZED DISTRIBUTOR FOR SOLE AUTHORIZED REPAIR FACILITY AXON BRAND CAMERAS AND TASER FOR AXON BRAND CAMERAS AND BRAND ENERGY WEAPON PRODUCTS TASER BRAND ENERGY WEAPON PRODUCTS Axon Enterprise, Inc. Axon Enterprise, Inc. 17800 N. 85" Street, Scottsdale, AZ 85255 17800 N. 85"' Street, Scottsdale, AZ 85255 Phone: 800-978-2737 Phone: 800-978-2737 Fax: 480-991-0791 Fax: 480-991-0791 Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions. Sincerely, 4&0- Joshisner Chief Revenue Officer Axon Enterprise, Inc. Android is a trademark of Google, Inc, BLACKHAWK! is a trademark of the Blackhawk Products Group, Bluetooth is a trademark of the Bluetooth SIG, Flak Jacket is a trademark of Oakley, Inc, Pod touch is a trademark of Apple Inc., IDS is a trademark of Cisco, LTE is a trademark of the European Telecommunications Standards Institute, Safariland is a trademark of Safariland, LLC, Shoei is a trademark of Shoei Co., Ltd., VELCRO is a trademark of Velcro Industries, B.V., and Wi-Fi is a trademark of the Wi-Fi Alliance. The Delta Logo, the Axon + Delta Logo, Axon, Axon Aware, Axon Citizen, Axon Evidence, Axon Flex, Axon Interview, Axon Records, Fleet, X2, X26P, TASER 7, TASER, and the Lightning Bolt in Circle Logo are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.comllegal. All rights reserved. O 2022 Axon Enterprise, Inc. Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 40.0 Page 15 CONFIDENCE. CONNECTIVITY. COMMUNITY. THE POWER TO DE-ESCALATE DE-ESCALATE WITH CONFIDENCE / CONNECT TO SAVE TIME / FOCUS ON COMMUNITIES TASER 7 —the most effective CEW ever —gives officers the confidence to de-escalate dangerous situations, provides improved integration to the Axon network for optimized workflows, and further demonstrates your commitment to keeping communities safe with reality -based training that improves outcomes. FEATURES AND BENEFITS CLOSE -RANGE OPTIMIZED 93% increased probe spread at close range, where 85% of deployments occur, according to agency reports IMPROVED DARTS TASER 7 darts fly straighter and faster with nearly twice the kinetic energy for better connection to the target, and the body of the dart breaks away to allow for attainment at tough angles ADAPTIVE CROSS -CONNECT Electricity is intentionally driven between all contacts to maximize the effectiveness of the probe deployment and to help compensate for close probe spreads or clothing disconnects axon.com/taser7 AlAXON RAPID ARC Delivers similar electrical charge as previous models but at a faster rate, causing more rapid incapacitation INVENTORY MANAGEMENT Using the Axon Device Manager mobile application to assign weapons and accessories dramatically reduces the time it takes to manage devices in the field. This new functionality includes enhanced inventory search and status updates DOCK -AND -WALK FUNCTIONALITY Firmware updates and weapon log downloads occur automatically, saving your agency time and ensuring your weapons are always up to date RECHARGEABLE BATTERY One battery for the life of the weapon DAYLIGHT GREEN LASER Improve your aim with a more visible green daylight laser LOUDER ARC Further enhances TASER 7 as a de-escalation tool ENHANCED DATA MANAGEMENT Full integration into the Axon Evidence (evidence.com) ecosystem, with re -designed pulse graphs and firing logs managed as evidence IMPROVED ERGONOMIC DESIGN Operational interfaces have been refined through extensive user feedback SPECIFICATIONS WEATHER RESISTANCE: IP53Ingress Protection MIL-STD-81OG Test Method 510.6 (sand and dust), Method 506.6 (rain) IEC 60529 HOUSING: High Impact Polymer OPERATING TEMPERATURE: - 4° F to 122° F [-20° C to 50° C] DROP TEST: 4 feet HUMIDITY: 85% Relative, Non -condensing LASER: Top - High Visibility Green Class 2; Bottom - Red Class 2 ILLUMINATION: 210 Lumen Light Emitting Diode (LED) WARRANTY:1 year from date of receipt SERVICE LIFE:5 Years (Recommended) 4.4 AXON ,Axon, TASER, AND TASER 7 are trade marks of Axon Enterprise.Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. ©202O Axon Enterprise. Inc. 441