R21-102 1 RESOLUTION NO. R21-102
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,APPROVE
5 AND AUTHORIZE THE CITY MANAGER TO SIGN A MASTER SERVICES
6 PURCHASE AGREEMENT WITH AXON ENTERPRISE, INC., FOR THE
7 PURCHASE OF EQUIPMENT AND SERVICES FOR THE AXON INTERVIEW
8 SOFTWARE SYSTEM IN THE AMOUNT OF $70,851.39 WHICH WILL BE
9 BROKEN DOWN INTO TWO PHASES; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS,a digital recording system is required in order to conduct, record, preserve
14 and manage interviews of individuals as evidence in police investigations; and
15 WHEREAS, this purchase will allow Boynton Beach Police Department to implement
16 an interview room digital recording system in the police department and will provide the
17 ability to store weeks of continuous video and audio from interviews to storage while giving
18 the police department the ability to bookmark, annotate, and comment on footage in real-
19 time while maintaining a complete chain of custody; and
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
21 recommendation of staff, deems it to be in the best interests of the City residents to approve
22 and authorize the City Manager to sign a Master Services Purchase Agreement with AXON
23 Enterprise, Inc., for the purchase of equipment and services for the Axon Interview software
24 system in the amount of$70,851.39 which will be broken down into two phases.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
26 BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
S:\CA\RESO\Agreements\AXON Interview Software-Reso.Docx
30 Section 2.The City Commission of the City of Boynton Beach, Florida hereby approves
31 and authorizes Approve and authorize the City Manager to sign a Master Services Purchase
32 Agreement with AXON Enterprise, Inc., for the purchase of equipment and services for the
33 Axon Interview software system in the amount of$70,851.39 which will be broken down into
34 two phases, a copy of which Agreement is attached hereto as Exhibit "A."
35 Section 3. This Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this 17th day of August, 2021.
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40
41 Mayor—Steven B. Grant ✓
42
43 Vice Mayor—Woodrow L. Hay ✓
44
45 Commissioner—Justin Katz
46
47 Commissioner—Christina L. Romelus ✓
48
49 Commissioner—Ty Penserga ✓
50
51
52 VOTE 6=o
53
54 ATTEST:
55
56
57
58 C stal Gibson, MMC
59 City Clerk
60
61
62
63 (Corporate Seal)
64
65
S:\CA\RESO\Agreements\AXON Interview Software-Reso.Docx
R21-102
Axon Enterprise,Inc. Q•326059.44398.901SC
itik, 17800 N 85th St.
Scottsdale,Arizona 85255 Issued:07/21/2021
United States y Quote Expiration:
VAT:86-0741227
Account Number:111065
Domestic:(800)978-2737
International:+1.800.978.2737 Payment Terms:N30
Delivery Method:Fedex-Ground
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Delivery-2100 High Ridge Rd Boynton Beach Police Dept.-FL Bryan Fondrie
2100 High Ridge Rd PO Box 310 Phone:2623521354 Phone:(954)828-5643
Boynton Beach,FL 33426-8820 Boynton Beach,FL 33425-0310 Email:bfondrie@axon.com Email:maracottak@bbt.us
USA USA Fax: Fax:(561)742-6185
Email:
PAYMENT PLAN
PLAN NAME INVOICE DATE AMOUNT DUE
Year 1 Grant Funded Aug,2021 j $32,731.00
Year 1 Remaining Aug,2021 $38,120.39
1 Q-326059.44398.901SC
Quote Details
Bundle Summary
Item Description QTY Average Cost Per Year I Cost Per User Per Month
DynamicBundle Dynamic Bundle 1 $2,556.90 $213.08
Individual Items USD
Category Item Description Requested Ship Date
Other 50448 EXT WARRANTY,INTERVIEW ROOM 08/01/2021
Other 85170 INTERVIEW ROOM,INSTALL AND SETUP 08/01/2021
Other 50430 AXON INTERVIEW-10 MODULE,CABINET AND LED INSTALLATION 08/01/2021
Other 50037 (DEPR)AXON CLIENT SW(EACH CLIENT AND TOUCH PANEL)LICENSE 08/01/2021
Other 50039 AXON CLIENT SW(EACH CLIENT AND TOUCH PANEL)MAINTENANCE 08/01/2021
Other 50041 AXON STREAMING SERVER LICENSE(PER SERVER) 08/01/2021
Other 50043 AXON STREAMING SERVER MAINTENANCE(PER SERVER) 08/01/2021
Other 50045 INTERVIEW ROOM UNLIMITED EVIDENCE.COM STORAGE LICENSE 08/01/2021
Other 50431 AXON INTERVIEW-LED INSTALLATION 08/01/2021
Other 50431 AXON INTERVIEW-LED INSTALLATION 08/01/2021
Bundle: Dynamic Bundle Quantity: 1 Start:911/2021 End:813112026 Total: 12784.5 USD
Category Item Description Requested Ship Date
Other 74056 WALL MOUNT 08/01/2021
Other 50298 AXIS P3245-LV NETWORK CAMERA 08/01/2021
Other 50268 POS-X TP6 TOUCH PANEL W/4GB RAM 08/01/2021
Other 50294 LITE SERVER 08/01/2021
Other 50267 AXIS A9188 Network I/O Relay Module 08/01/2021
Other 50265 PANEL MOUNT LED,24VDC-RED 08/01/2021
Other 50258 AXIS T98A15-VE SURVEILLANCE CABINET 08/01/2021
Other 50118 LOUROE MICROPHONE 08/01/2021
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.
2 Q-326059-44398.901SC
STATEMENT OF WORK & CONFIGURATION DOCUMENT
Axon Interview Recording Platform
This document details a proposed system design
Agency Created For:Boynton Beach Police Dept.-FL
Sold By: Daniel Blair
Designed By: Jason South
• Installed By: Axon Professional Services
Customer Contact: Karl Maracotta
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3
AXON INTERVIEW RECORDING PLATFORM
This image is intended to be a general visual of how Interview Room is configured. Please read through the SOW for
configuration specific to this deal.
410 Alb
IP Carnera(s) Primary Recording Server
� f
Y
•
Mics) Data Switch/POE Power Evidence Management System
ath
Touch Panel(s) Secondary Recording Server
AXON-PROVIDED HARDWARE SUMMARY
The following section offers a broad summary of the Axon-provided hardware needed to configure this order.With the
exception of server quantities,QUANTITIES DO NOT REFLECT CUSTOMER-PROVIDED ITEMS.
Total Camera Configurations
3 Camera(s) Locations #Rooms
Headquarters 3
0 Covert Enclosure(s)
3 Microphone(s)
Injector(s)
Total Switches
0 POE Switch(es)
Total Servers
2 Server(s)(customer-provided included)
Total Touch Panels
3 Touch Panel(s)(virtual not included)
3 Wall Mount(s)
Total Camera Configurations
1 I/O Box(es)
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4
INTERVIEW ROOM OVERVIEW
The following sections detail the configuration of the Axon Interview recording system at all locations.
Network Considerations
Each IP Camera will be connected to a POE switch that provides the device with power and network
connectivity.
Each Recording Server must be given a static IPv4 network address that is routable across the
network.
Network Requirements
Each IP Camera must be given a static IPv4 network address that is routable across the network.
Each touch panel/kiosk must be given a static IPv4 network address that is routable across the
network.
Network Device Static !Ps Total IPs
Qty of IP Cameras 3
Network Addressing
Qty of Touch Panels 3 9
Qty of Recording Servers 2
Data Switch Provisioning This install will require POE data switches at each location.
Virtual Kiosks 0 workstations will require virtual kiosk software to be installed.
Customer to provide all device IP addresses
Customer to also provide:
•Subnet Mask
•Gateway IP
Customer Provided Items •DNS/WINS IP
•Time Server IP
Customer IT staff will configure all switches with proper network configuration.
Metadata Tags
Metadata Ta in The system will collect metadata information prior to,and after,the interview recording process(i.e.
gg g Interviewer Name, Interviewee Name, Case Number).
Information collected prior to recording:
•Interviewee first and last name
•Case number
Metadata Tags •Case type
•Interviewee type
Information collected post recording:
• Interviewer name(s)
Customer Provided Items Customer to provide preferred metadata fields.
Axon Provided Items Axon to facilitate the creation of metadata fields.
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5
NETWORK CONFIGURATION DETAILS
The following section offers a broad summary of the Axon-provided hardware needed to configure this order.
Network Configuration Details
Evidence Management System Evidence.com
Network Applications:
•Remote monitoring application
Evidence.com Application Features:
Application Features •Secure Cloud Storage
•Redaction
• Download/Sharing
•Audit Trail
• Reporting
Training
This solution will include on-site application training covering:
•Touch panel overview
•Initiating interview wizard
Application Package •Entering metadata
•Controlling the interview process
•Closing an interview
•Evidence.com functionality
Additional General Deal Notes
Notes Configuring 3 rooms with single cameras and light servers to support same locations.
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6
LOCATION DETAILS: Headquarters
The following sections detail the configuration of the Axon Interview recording system at HEADQUARTERS
Location Name Headquarters
Cable Considerations
Axon Professional Services will install the networking cables using a Cat6e Cable.
Cabling Runs 9 cable runs are required for this installation.
7 110v power outlets are required for this installation(Customer Responsibility).
All Devices:
Network cabling must be provided for the following devices:
Cabling •Axis IP Camera
Requirements •Server
•Touch Panel or PC running a virtual Touch Panel
• POE Switch
Servers, Switches, Touch Panels
Axon Interview Lite Server 1
Servers Quantity:
Axon Interview Lite Server 1
Redundancy This system includes recording redundancy
Customer will provide data switch 0
Data Switch/POE Power Quantity:
N/A
Touch Panels POS-X Touch Panel
Touch Panel Location Wall mounted outside each room
Number of I/O Boxes Required 1
Additional Location Notes
Notes
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7
ROOM DETAILS: Room 1
The following sections detail the configurations specific to ROOM 1
Location Name Headquarters
Room Name Room 1
Camera Configuration
Camera 1 will be a(n): Axis P3245-LV Overt Dome Camera
Camera 1
Mic: Louroe Tamper Proof Mic
Recording Activation Recording will be triggered via IR Client
External Recording-In-
Recording will be triggered LED
Progress Visual
Wall Configuration Drywall with Soundproofing
Ceiling Configuration Standard Tile
Additional Location Notes
Notes
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8
ROOM DETAILS: Room 2
The following sections detail the configurations specific to ROOM 2
Location Name Headquarters
Room Name Room 2
Camera Configuration
Camera 1 will be a(n):Axis P3245-LV Overt Dome Camera
Camera 1
Mic: Louroe Tamper Proof Mic
Recording Activation Recording will be triggered via IR Client
External Recording-In-
Recording will be triggered LED
Progress Visual
Wall Configuration Drywall with Soundproofing
Ceiling Configuration Standard Tile
Additional Location Notes
Notes
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9
ROOM DETAILS: Room 3
The following sections detail the configurations specific to ROOM 3
Location Name Headquarters
Room Name Room 3
Camera Configuration
Camera 1 will be a(n) : Axis P3245-LV Overt Dome Camera
Camera 1
Mic: Louroe Tamper Proof Mic
Recording Activation Recording will be triggered via IR Client
External Recording-In-
Progress Visual Recording will be triggered LED
Wall Configuration Drywall with Soundproofing
Ceiling Configuration Standard Tile
Additional Location Notes
Notes
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10
Standard Terms and Conditions
Axon Enterprise Inc.Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and the Master Services and Purchasing
Agreement entered into between the parties March 2,2017(the MSPA),as well as the attached Statement of Work(SOW)for Axon
Interview Room purchase.In addition,to the extent Axon Enterprise,Inc.'s TASER 7 Agreement entered into between the parties on June 07,
2021 (the TASER 7 Agreement)contains additional terms which are not specific to the purchase or use of TASER 7, such terms shall apply
and shall govern over any contradictory terms contained in the MSPA.Specifically,Section 16:Confidentiality;Section 20:E-Verify;and
Section 21:Scrutinized Companies,of the TASER 7 Agreement shall apply to this transaction.
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.
SIGNATURE PAGE FOLLOWS
11 Q-326059-44398.901 SC
Signature Date Signed
712112021
APPROVED AS TO FORM:
GTY ATTORNEY
12 0-326059.44398.901SC
Ti 0F
P R Q T E C T L i F E
MASTER SERVICES AND PURCHASING AGREEMENT
between
TASER INTERNATIONAL, INC.
and
Boynton Beach Police Dept. - FL
CITY Agreement Number:
MASTER SERVICES AND PURCHASING AGREEMENT
This Master Agreement(the Agreement)by and between TASER International, Inc., (TASER or Party)a
Delaware corporation having its principal place of business at 17800 N 85t"Street,Scottsdale,Arizona, 85255,
end Boynton Beach Police Dept. -FL , (Agency, Party or collectively Parties)having its princ pal place of
business at 100 E. Boynton Beach Blvd„ Boynton Beach, FL, 33435,is entered into as of March 2,2017(the
Effective Date).
This Agreement sets forth the terms and conditions for the purchase,delivery, use, and support of TASER products
and services as detailed in Quote#0-92696(the Quote),which is hereby incorporated by reference. It is the intent
of the Parties that this Agreement shall act as a master agreement governing all subsequent purchases by Agency
of TASER Products and all subsequent quotes accepted by Agency shall be also incorporated by reference as a
Quote In consideration of this Agreement the Parties agree as follows:
1 Tenn-This Agreement will commence on the Effective Date and will remain in full force and effect until
terminated by either Party. TASER services will not be authorized until a signed Quote or Purchase Order
is received, whichever is first.
1.1 Evidence.com Subscription Term: The Initial Term of the Subscription services will begin atter
shipment 01 the Product If shipped in 1st half of the month, the start date Is on the 1st of the
following month. If shipped in the last half of the month,the start date is on the 15th of the following
month. Subscription Services will automatically renew for additional successive Terms of one(1)
year after completion of the Initial Term at the list price then in effect, unless the Agency gives
TASER written notice of termination within sixty (60)days prior to the end of a one(1)year period.
1.2 Professional Services Term:Amounts pre-paid for professional services as outlined in the Quote
and the Professional Service Appendix must be used within 6 months of the Effective Date.
2 Definitions.
"Business Day"means Monday through Friday, excluding holidays.
"Confidential Information" means all nonpublic information disclosed by TASER, TASER affiliates,
business partners of TASER or their respective employees, contractors or agents that is designated as
confidential or that, given the nature of the information or circumstances surrounding its disclosure,
reasonably should be understood to be confidential.
"Documentation"means the(i)specifications,explanatory or informational materials,whether in paper or
electronic form, that relate to the Services provided under this Agreement, or(ii) user manuals, technical
manuals,training manuals,warnings,specification or other explanatory or informational materials,whether
in paper or electronic form,that re'ate to the Products provided under this Agreement.
"Evidence.com Service" means TASER web services for Evidence.com, the Evidence.com site,
EVIDENCE Sync software, EVIDENCE Mobile App, Axon® Mobile App, other software, maintenance,
storage,and product or service provided by us under this Agreement for use with Evidence.com. This does
not include any Third Party Applications,hardware warranties, or the my.evidence.com services.
"Installation Site" means the location(s)where the Products are to be installed.
"Policies" means the Trademark Use Guidelines, all restrictions described on the TASER website, and
any other policy or terms referenced in or incorporated into this Agreement. Policies do not induce
whitepapers or other marketing materials.
"Products" means all TASER equipment, software, cloud based services, Documentation and software
maintenance releases and updates provided by TASER under this Agreement.
"Quote"is an offer to sell, is valid only for products and services listed on the quote at prices on the
i tie Evidence corn Mester Service Agreement with Exlxpts Page 2 0116
Department legal
Version: 11.0
Re,c,ase Date: 713112015
quote.All Quotes referenced in this Agreement or issued and accepted after the Effective Date of this
Agreement will be subject to the terms of this Agreement. Any terms and conditions contained within the
Agency's purchase order in response to the Quote will be null and void and shall have no force or effect
TASER is not responsible for pricing,typographical,or other errors in any offer by TASER and TASER
reserves the right to cancel any orders resulting from such errors TASER reserves the right to adjust
prices or Products unless otherwise specified in the Quote.
"Resolution Time" means the elapsed time between TASER's acknowledgment of an issue until the
problem In the Services has been resolved,which does not include time delays caused by the Agency or
by third parties outside of TASER's reasonable control.
"Services" means all services provided by TASER pursuant to this Agreement.
"Agency Content" means software,data,text,audio,video, images or other Agency content or any of the
Agency's end users (a) run on the Evidence.com Services, (b)cause to 'Interface with the Evidence.com
Services, or (c) upload to the Evidence.com Services under the Agency account or otherwise transfer,
process, use or store in connection with the Agency account.
3 Payment Terms. Invoices are due to be paid within 30 days of the date of invoice. All orders are subject
to prior credit approval. Payment obligations are non-cancelable and fees paid are non-refundable and all
amounts payable will be made without setoff,deduction, or withholding. If a delinquent account is sent to
collections,the Agency is responsible for all collection and attorneys'fees.
4 Taxes. Unless TASER is provided with a valid and correct tax exemption certificate applicable to the
purchase and ship-to location. the Agency is responsible for sales and other taxes associated with the
order.
5 Phiovino: TRW Risk of Lpic l election. TASK reserves he right to make pedal shipments and
products may ship from mil$ple locates, All shipments are E X.W.vie common tamer end the and risk
of lass pass to the Agency upon delivery to the common carrier by TASERJhe Amy Is respo able tot
all freight charges My loss or damage that occurs during shipment Is the Agency's responsibility,Shipping
dates are estimates ony.The Agency may reject nonconforming Product by providing TASER written notice
of rejection within 10 days of shipment Failure to notify TASER within the 10 day rejection period will be
deemed as acceptance of Product.
6 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as
provided by state or federal law.
T Warranties.
7.1 Hardware Limited Warranty. TASER warrants that its law enforcement hardware products are
free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of
receipt. Extended warranties run from the date of purchase of the extended warranty through the
balance of the 1-year limited warranty term plus the term of the extended warranty measured after
the expiration of the 1-year limited warranty CEW cartridges and Smart cartridges that are
expended are deemed to have operated properly.TASER•fitenutectured Accesioliss are covered
under a limited 90-DAY warranty from the date of receipt. Non-TASER manufactured accessories
are covered under the manufacturer',warranty.if TASER determines that a valid warranty Claim
is received wittiin the warranty period. TASER agrees to repair or replace the Product.TASER's
sole responsibility under this*arrarrtyf is to either repair or replace with the same or Ike Product,
at TASER's option.
7.2 Warranty Limitations.
7.2.1 The warranties do not apply and TASER will not be responsible for any loss, data loss,
damage, or other liabilities arising from: (a) damage from failure to follow instructions
relating to the Product's use; (b)damage caused by use wth non-TASER products or from
TC r. Evidenx cm Master samcs AAemirtwW Emma Moe 01 111
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Versbn: II 0
Release Date 7131r2C15
TER
he use of cartridges, batteries or other parts, components or accessories that are not
manufactured or recommended by TASER; (c) damage caused by abuse, misuse,
intentional or deliberate damage to the product,or force majeure,(d)damage to a Product
or part that has been repaired or modified by persons other than TASER authorized
personnel or without the written permission of TASER; or(e)if any TASER serial number
has been removed or defaced,
7.2.2 To the extent permitted by law,the warranties and the remedies set forth above are
exclusive and TASER disclaims all other warranties, remedies, and conditions,
whether oral or written, statutory, or implied, as permitted by applicable law. If
statutory or Implied warranties cannot be lawfully disclaimed, then all such
warranties are limited to the duration of the express warranty described above and
limited by the other provisions contained In this Agreement.
7.2.3 TASER's cumulative liability to any Party for any loss or damage resulting from any
claims,demands,or actions arising out of or relating to any TASER product will not
exceed the purchase price paid to TASER for the product or If for services, the
amount paid for such services over the prior 12 months preceding the claim. In no
event will either Party be liable for any direct,special,indirect,incidental,exemplary,
punitive or consequential damages, however caused, whether for breach of
warranty,breach of contract, negligence,strict liability,tort or under any other legal
theory.
7.3 Warranty Returns. If a valid warranty claim Is received by TASER within the warranty period,
TASER agrees to repair or replace the Product which TASER determines In Its sole discretion to
be defective under normal use, as defined in the Product instructions.TASER's sole responsibility
under this warranty is to either repair or replace with the same or like Product, at TASER's option.
7.3.1 For warranty return and repair procedures,including troubleshooting guides, please go to
TASER's websites :t>aser.o+an►lsor matuyisizmem, as indicated in the
appropriate product user manual or quick start guide.
7.3.2 Before delivering product for warranty service, it is the Agency's responsibility to upload
the data contained in the product to the EVIDENCE.corn services or download the product
data and keep a separate backup copy of the contents.TASER Is not responsible for any
loss of software programs, data, or other information contained on the storage media or
any other part of the product services.
7.9.3 A replacement product will be new or like new and have the remaining warranty period of
the original product or 90 days from the date of replacement or repair,whichever period is
longer.When a product or part is exchanged, any replacement item becomes Purchaser's
property and the replaced item becomes TASER's property.
e Product Werninas, See our website at www TASF..R.ccn for the most current product warnings.
9 man Charms. TASER reserves the right to make changes in the design of any of TASER's products
and services without incurring any obligation to notify the Agency or to make the same change to products
and services previously purchased.
10 Insurance. TASER will maintain at TASER's own expense and in effect during the Term, Commercial
General Liability Insurance,Workers'Compensation Insurance and Commercial Automobile Insurance and
will furnish certificates of insurance or self-Insurance upon request.
11 JptlsjnnTASER will indemnify and defend the Agency Indemnitees (the Agency's officers,
directors,and employees)from and against all claims, demands, losses, liabilities, reasonable costs and
expenses arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent
act, error or omission, or wiliful misconduct of TASER under or related to this Agreement, except In the
case of negligent acts, omissions or willful misconduct of the Agency or claims that fall under Workers
Compensation coverage.
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DapsNt»nt: Legal
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12 P Rtcttrb. TASER owns and reserves all right, title, and interest in the TASER Products and related
software, as well as any suggestions made to TASER.
13 IP bxlemntfcation. TASER will defend, indemnify, and hold the Agency Indemnitees harmless from and
against any claims, damages,losses,liabilities,costs, and expenses(including reasonable attorneys'fees)
arising out of or relating to any third-party claim alleging that use of TASER Products or Services as
permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party.
The Agency must provide TASER with prompt written notice of such a claim, tender to us the defense or
settlement of such a claim at our expense, and cooperate fully with us In the defense or settlement of such
a claim.
TASER has no liability to the Agency or any third party if any alleged infringement or clam of infringement
is to any extent based upon: (a)any modification of the Evidence.com Services by the Agency or any third
party not approved by TASER, (b)use of the Evidence.com Services In connection or in combination with
equipment, devices, or services not approved or recommended by TASER; (c) the use of Evidence.com
Services other than as permitted under this Agreement or in a manner for which it was not intended; or(d)
the use of other than the most current release or version of any software provided by TASER as part of or
in connection with the Evidence.com Services. Nothing in this Section will affect any warranties in favor of
the Agency that are otherwise provided in or arise out of this Agreement.
14 Aeencv 13 one•#bt19Neei. The Agency is responsible for (i) use of TASER Products (including any
activities under the Agency Evidence.com account and use by Agency employees and agents),(ii)breach
of this Agreement or violation of applicable law by the Agency or any of the Agency's end users,(ill)Agency
Content or the combination of Agency Content with other applications,content or processes,including any
claim involving alleged infringement or misappropriation of third party rights by Agency Content or by the
use of Agency Content, (iv)a dispute between the Agency and any third party over Agency use of TASER
products or the collection or use o' Agency Content, (v) any hardware or networks that the Agency
connects to the Evidence.com Services, and (vi) any security settings the Agency establishes to interact
with or on the Evidence.com Services
15 Termination,
15.1 By Either Party. Either Party may terminate for cause upon 30 days advance notice to the other
Party if there is any material default or breach of this Agreement by the other Party, unless the
defaulting Party has cured the material default or breach within the 30-day notice period. In the
event that the Agency terminates this Agreement under this Section and TASER fails to cure the
material breach or default,TASER will issue a refund of any prepaid amounts on a prorated basis.
15.2 By Agency. The Agency is obligated to pay the fees under this Agreement as may lawfully be
made from funds budgeted and appropriated for that purpose during the then current fiscal year.
In the event that sufficient funds will not be appropriated or are not otherwise legally available to
pay the fees required under this Agreement, this Agreement may be terminated by the Agency
The Agency agrees to deliver notice of termination under this Section at least 90 days prior to the
end of the then current fiscal year.
15.3 Effect of Termination. Upon any termination of this Agreement: (a) al Agency rights under this
Agreement immediately terminate; (b) the Agency remains responsible for all fees and charges
Incurred through the date of termination; and (c) Payment Terms, Warranty, Product Warnings,
Indemnification, and Agency Responsibilities Sections, as well as the Evidence.com Terms of Use
Appendix Sections on Agency Owns Agency Content, Data Storage, Fees and Payment,
Software Services Warranty, IP Rights and License Restrictions will continue to apply in
accordance with their terms.
15.4 After Termination. TASER will not delete any Agency Content as a result of a termination during
a period of 90 days following termination During this 90-day period the Agency may retrieve
Tite Evidence cm Mester Service Agreement with Exhibits Papa 5 M10
Department Legal
Version' 11.0
Release Date 7/1/7015
TIL BER
Agency Content only if all amounts due have been paid(there will be no application functionality of
the Evidence,corn Services during this 90-day period other than the ability to retrieve Agency
Content). The Agency will not incur any additional fees if Agency Content is downloaded from
Evidence.com during this 90-day period. TASER has no obligation to maintain or provide any
Agency Content after this 90-day period and will thereafter, unless legally prohibited, delete all of
Agency Content stored in the Evidence.com Services. Upon request, TASER will provide written
proof that all Agency Content has been successfully deleted and fully removed from the
Evidence.com Services.
15.5 Poet-Termination Assistance. TASER will provide Agency with the same post-termination data
retrieval assistance that TASER generally makes available to all customers_ Requests for TASER
to provide additional assistance in downloading or transferring Agency Content will result In
additional fees and TASER will not warrant or guarantee data integrity or readability in the external
system.
16 General.
16.1 Confidentiality. Both Parties will take all reasonable measures to avoid disclosure,dissemination
or unauthorized use of either Party's Confidential Information. Except as required by applicable
law, neither Party will disclose either Party's Confidential Information during the Term or at any time
during the 5-year period following the end of the Term All TASER Pricing is considered confidential
and competition sensitive.
16.2 Excusable delays. TASER will use commercially reasonable efforts to deliver all products and
services ordered as soon as reasonably practicable. In the event of interruption of any delivery due
to causes beyond TASER's reasonable control TASER has the right to delay or terminate the
delivery with reasonable notice
16.3 Force Majeure. Neither Party will be liable for any delay or failure to perform any obligation under
this Agreement where the delay or failure results from any cause beyond the Parties' reasonable
control, including acts of God, labor disputes or other industrial disturbances, systemic electrical,
telecommunications, or other utility failures, earthquake, storms or other elements of nature,
blockages, embargoes, riots, acts or orders of government, acts of terrorism,or war.
16.4 Proprietary Information. The Agency agrees that TASER has and claims various proprietary
rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge,
and designs that constitute TASER products and services, and that the Agency will not directly or
indirectly cause any proprietary rights to be violated.
16.5 Independent Contractors.The Parties are independent contractors. Neither Party,nor any of their
respective affiliates, has the authority to bind the other. This Agreement does not create a
partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the
Parties.
18.6 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights
in any individual or entity that is not a party to this Agreement.
16.7 Non-discrimination and Equal Opportunity. During the performance of this Agreement, neither
the Parties nor the Party's employees will discriminate against any person, whether employed by
a Party or otherwise, on the basis of basis of race, color, religion, gender, age, national origin,
handicap, marital status, or political affiliation or belief. In all solicitations or advertisements for
employees, agents, subcontractors or others to be engaged by a Party or placed by or on behalf of
a Party, the solicitation or advertisement shall state all qualified applicants shall receive
consideration for employment without regard to race, color, religion, gender, age, national origin,
handicap, marital status, or political affiliation or belief
'111e. Evidence_com Master Service Agreement with Exhibits '13Pape a or le
Department Lepel
Version 110
Releese Date- 7/31/2016
-T-400. apt
16.6 U.S. Government Rights. Any Evidence.com Services provided to the U.S. Government as
"commercial items," "commercial computer software,' "commercial computer software
documentation,"and"technical data"will have the same rights and restrictions generally applicable
to the Evidence.com Services. If the Agency Is using the Evidence.com Services on behalf of the
U,S, Government and these terms fail to meet the U.S. Government's needs or are inconsistent in
any respect with federal law, the Agency will immediately discontinue use of the Evidence.com
Services. The terms "commercial item," 'commercial computer software," 'commercial computer
software documentation," and "technical data' are defined in the Federal Acquisition Regulation
and the Defense Federal Acquisition Regulation Supplement.
16.9 Import and Export Compliance. In connection with this Agreement, each Party will comply with
all applicable import, re-import, export, and re-export control laws and regulations.
16.10 Assignment. Neither Party may assign or otherwise transfer this Agreement without the prior
written approval of the other Party. TASER may assign or otherwise transfer this Agreement or
any of our rights or obligations under this Agreement without consent(a)for financing purposes,
(b) in connection with a merger, acquisition or sale of all or substantially all of our assets, (c) as
part of a corporate reorganization, or(d)to a subsidiary corporation.Subject to the foregoing, this
Agreement will be binding upon the Parties and their respective successors and assigns.
16.11 No Waivers. The failure by either Party to enforce any provision of this Agreement will not
constitute a present or future waiver of the provision nor limit the Party's right to enforce the
provision at a later time.
16.12 Severability. Tris Agreement is contractual and nota mere recital.If any portion of this Agreement
is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in'ull
force and effect.
16.13 Governing Law; Venue. The laws of the state where the Agency is physically located, without
reference to conflict of law rules, govern this Agreement and any dispute of any sort that might
arise between the Parties.The United Nations Convention for the International Sale of Goods does
not apply to this Agreement.
16.14 Notices.All communications and notices to be made or given pursuant to this Agreement must be
in the English language. Notices provided by posting on the Agency's Evidence.com site will be
effective upon posting and notices provided by email will be effective when the email was sent.
Notices provided by personal del'very will be effective immediately. Contact information for notices:
TASER:TASER International, Inc. AGENCY:
ATTN Contracts
17800 N. 85th Street
Scottsdale, Arizona 85255
contracts@taser.com
16.15 Entire Agreement. This Agreement, including the APPENDICES attached hereto,and the Policies
and the quote provided by TASER, represents the entire agreement between the Parties. This
Agreement supersedes all prior or contemporaneous representations, understandings,
agreements, or communications between the Parties, whether written or verbal, regarding the
subject matter of this Agreement No modification or amendment of any portion of this Agreement
will be effective unless in writing and signed by the Parties to this Agreement. If TASER provides a
translation of the English language version of this Agreement, the English language version of the
Agreement will control if there is any conflict.
Title' Evidence can Master Service Agieement with EYhibiis Page 7 of 18
Department Legal
Veroion 110
Release Date 7/31/2015
OBER
16.16 Counterparts. If this Agreement form requires the signatures of the Parties,then this Agreement
may be executed by electronic signature in multiple counterparts, each of which is considered an
original.
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be duly executed. Each Party
warrants and represents that its respective signatories whose signatures appear below have been and are,on the
date of signature,duly authorized to execute this Agreement.
TASER International,Inc. Ar Boynton Bar
Signator.: ,_ Sgnature /`r
Name: t_.. .a ► ! Name: erg ,rtotati, „, r
Title. t. MOM, +—:. Title: 1L /3t _reit
u
Date:r?,J t f t� Date: �
Address: i7eQo N.Nth Street Scottsdale,AZ 85255 Address: 100 E Boynton Beach Blvd., Boynton Beach,
FL, 33435
Attn:Contracts
Email:& iNt t ,}t Com APPPOWED A�
JI
• IF CITY MTokENty
Title Evteence corn Master SerNceAgreemerd with Eshbtts Pape 0 of 1 e
Department: Legal
Venbn: 11.0
Release Calc 7(312015
"TitklF1
Evidence.com Terms of Use
Appendix
1 Access Riahte. Upon the purchase or granting of a subscription from TASER and the opening of an
Evidence.com account the Agency will have access and use of the Evidence.com Services for the storage
and management of Agency Content during the subscription term(Term). The Evidence.com Service and
data storage are subject to usage limits.The Evidence.com Service may rot be accessed by more than the
number of end users specified in the Quote. If Agency becomes aware of any violation of this Agreement
by an end user, the Agency will immediately terminate that end user's access to Agency Content and the
Evidence.com Services.
2 J9.gattecy Oynns ARenCY Content.The Agency controls and owns all right,title,and interest in and to Agency
Content and TASER obtains no rights to the Agency Content and the Agency Content are not business
records of TASER. The Agency Is solely responsible for the uploading, sharing. withdrawal, management
and deletion of Agency Content.TASER will have limited access to Agency Content solely for the purpose
of providing and supporting the Evidence.com Services to the Agency and Agency end users.The Agency
represents that the Agency owns Agency Content; and that none of Agency Content or Agency end users'
use of Agency Content or the Evidence.corn Services will violate this Agreement or applicable laws.
3 Evlden ce.Com Data Security.
3.1. Generally. TASER will implement commercialy reasonable and appropriate measures designed
to secure Agency Content against accidental or unlawful loss, access or disclosure. TASER will
maintain a comprehensive Information Security Program (ISP)that includes logical and physical
access management, vulnerability management, configuration management, incident monitoring
and response, encryption of digital evidence uploaded, security education, risk management, and
data protection. The Agency is responsible for maintaining the security of end user names and
passwords and taking steps to maintain appropriate security and access by end users to Agency
Content. Log-in credentials are for Agency internal use only and Agency may not sell, transfer, or
sublicense them to any other entity or person. The Agency agrees to be responsible for all activities
undertaken by the Agency, Agency employees, Agency contractors or agents, and Agency end
users which result in unauthorized access to the Agency account or Agency Content. Audit log
tracking for the video data is an automatic feature of the Services which provides details as to who
accesses the video data and may be downloaded by the Agency at any time The Agency shall
contact TASER Immediately if an unauthorized third party may be using the Agency account or
Agency Content or if account information is lost or stolen.
3.2. FBI CJIS Security Addendum. For customers based in the United States. TASER agrees to the
terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice
information Services(CJIS) Security Addendum for the Term of this Agreement.
4 Aur Support. TASER will make available updates as released by TASER to the Evidence.com Services.
Updates may be provided electronically via the Internet. TASER will use reasonable efforts to continue
supporting the previous version of any API or software for 6 months atter the change(except if doing so(a)
would pose a security or intellectual property issue, (b)is economically or technically burdensome,or(c)Is
needed to comply with the law or requests of governmental entities. The Agency is responsible for
maintaining the computer equipment and Internet connections necessary for use of the Evidence.com
Services.
S Data Privacy. TASER will not disclose Agency Content or any information about the Agency except as
compelled by a court or administrative body or required by any law or regulation TASER will give notice if
any disclosure request is received for Agency Content so the Agency may file an objection with the court
or adminstrative body.The Agency agrees to allow TASER access to certain information from the Agency
in order to: (a) perform troubleshooting services for the account upon request or as part of our regular
diagnostic screenings; (b)enforce this agreement or policies governing use of Evidence.com Services; or
Tttie Evidence corn Merger Service Agreement with Es''bits Page 9 of 18
Dem nment Legal
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(c)perform analytic and diagnostic evaluations of the systems,
6 Data Sumas. TASER will determine the locations of the data centers in which Agency Content will be
stored and accessible by Agency end users. For United States customers, TASER will ensure that all
Agency Content stored in the Evidence com Services remains within the United States including any
backup data, replication sites, and disaster recovery sites. TASER may transfer Agency Content to third
parties for the purpose of storage of Agency Content.Third party subcontractors responsible for storage of
Agency Content are contracted by TAS ER for data storage services.Own ersh p of Agency Content remains
with the Agency. For use of an Unlimited Evidence.com License unlimited data may be stored in the
Agency's Evidence.com account if the data origrates from a TASER device. For use of Totally
Unlimited Evidence.com Licenses TASER reserves the right to limit the types of content the Agency can
store and share using the Services.
7 Fees and Payment.Additional end users may be added during the Term at the pricing in effect at the time
of purchase of additional end users,prorated for the duration of the Term Additional end user accounts will
terminate on the same date as the pre-existing subscriptions. TASER reserves the right to charge additional
fees for exceeding purchased storage amounts or for TASER's assistance in the downloading or exporting
of Agency Content
8St i t ion of E'vi'l nce, om t3ery cot.TASER may suspend Agency access or any end user's right to
access or use any portion or all of the Evidence.com Services immediately upon notice in accordance with
the following:
8.1. The Termination provisions of the Master Service Agreement apply;
8.2. The Agency or an end user's use of or registration for the Evidence.com Services (I) poses a
security risk to the Evidence.com Services or any third party, (ii) may adversely impact the
Evidence.com Services or the systems cr content of any other customer, (iii)may subject TASER,
TASER's affiliates, or any third party to liability,or(iv) may be fraudulent;
8.3. If TASER suspends the right to access or use any portion or all of the Evidence.com Services, the
Agency remains responsible for all fees and charges incurred through the date of suspenson
without any credits for any period of suspension.TASER will not delete any of Agency Content on
Evidence.com as a result of a suspension,except as specified elsewhere in this Agreement,
9 Software SerefFiee lfdarraaiiix. TASER warrants that the Evidence.com Services wdl not infringe or
misappropriate any patent,copyright,trademark, or trade secret rights of any third party. TASER disclaims
any warranties or responsibility for data corruption or errors before the data is uploaded to the
Evidence.com Services.
10 License Reatrictloas Neither the Agency nor any Agency end users may, or attempt to: (a) permit any
third party to access the Evicence.com Services except as permitted in this Agreement; (b) modify, alter,
tamper with, repair, or otherwise create derivative works of any of the Evidence.com Services;(c)reverse
engineer,disassemble, or decompile the Evidence.com Services or apply any other process or procedure
to derive the source code of any software included in the Evidence.com Services,or allow any others to do
the same; (d) access or use the Eviderce.com Services in a way intended to gain unauthorized access,
avoid incurring fees or exceeding usage limits or quotas; (e)copy the Evidence,com Services in whole or
part, except as expressly permitted in this Agreement; (f) use trade secret information contained In the
Evidence.com Services, except as expressly permitted in this Agreement, (g) resell, rent, loan, or
sublicense the Evidence.com Services; (h) access the Evidence.com Services in order to build a
competitive product or service or copy any features,functions, or graphics of the Evidence.com Services;
(i) remove, alter, or obscure any confidentiality or proprietary rights notices (Including copyright and
trademark notices) of ours or our licensors on or within the Evidence.com Services or any copies of the
Evidence.com Services; or (I) use the Evidence corn Services to store or transmit infringing, libelous, or
otherwise unlawful or tortious material,to store or transmit material in violation of third party privacy rights,
or to store or transmit malicious code. All licenses granted in this Agreement are conditional on continued
Title: Evidence corn Master SerVice Agte arnerit with Ed„bits Pape 10 of 1B
Department: legal
Version: 11.0
Release Dab 7/31/2015
TAB
P a O T • O ♦ ♦ P •
compliance this Agreement,and will Immediately and automatically terminate if the Agency does not comply
with any term or condition of this Agreement. The Agency may only use our trademarks in accordance with
the TASER Trademark Use Guidelines(located at www.TASER.com).
Tette: Evidence corn Master Service Naasment win Ext D!t• Pape 11 of 18
Department Legal
Version: 11.0
Release Dale. 7191/2015
T"MSA
P n 0 ♦ F C T l F
Professional Services
Appendix
Scope of Servlc41. The project scope will consist of the Services identified on the Quote.
1.1. The Package for the Axon and Evidence.com related Services are detailed below:
-
Setup Axons Mobile on smart phones(if applicable).
Configure categories&custom roles based on Agency need.
Troubleshoot IT issues with Evldence.com and Evidence corn Dock(Dock)access.
Work with IT to install EVIDENCE Sync software on locked-down computers(if eppicabie),
on-site session Included
.-.ek Inslalatttee
Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary.
Authenticate Dock with Evidence.com using-adm"n"credentials from Agency.
Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's
network environment.
On site Assistance Included
Dedicated Project Manager
Assignment of a specific TASER representative for all aspects of planning the Product rollout(Project Manager). Ideally,
the Project Manager will be assigned to the Agency 4-6 weeks prior to rollout.
eekly project planning meetings
Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units,Docks and Evidence.com
account training based on size,tinting of rollout and Agency's desired level of training. Up to 4 weekly meetings leading up
to the Evidence.com Dock installation of not more than 30 minutes in length.
dist prectleelmpMmerstatbon ' ng• n-1 ems i*sale on tec
Provide considerations for establishment of video policy and system operations best practices based on TASER's
observations with other agencies.
Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data
management.
Provide referrals of other agencies using the Axon camera products and Evidence.com services
Create project plan for larger deployments.
Recommend rollout plan based on review of shift schedules.
Warm kink)and troubleshooting ttrstnlnD satas1ons
2 on-site sessions—each providing a step-by-step explanation and assistance for Agency's configuration of security,roles&
permissions,categories& retention,and other specific settings for Evidence.comm.
Axon instructor training
Prior to general user training on Axon camera systems and Evidence.com services,TASER's on-site professional services
team will provide training for instructors who can support the Agency's subsequent Axon camera and Evidence.com training
needs.
End user go live training and support sessions
Provide Individual device set up and configuration assistance;pairing with viewers when applicable:and training on device
use, Evidence.com and EVIDENCE Sync,
Eaideece.tem administrator guides,camera Implementation guides, network setup guide,sample policies,and categories& j
l IWs trrvjew session
1.2. Additional training days may be added on to any service package for additional fees set forth in the
Quote.
Tide Evidence corn Master Service Agreement with Exhibits pace a of ie
Department Legal
Version: 11 0
Release Date: 7,311201O
TAs a Ft
2 Out of Scope Services. TASER is responsible to perform only the Services described on the Qucte. Any
additional services discussed or implied that are not defined explicitly by the Quote will be considered out
of the scope.
3 Delivery of Services.
3.1. Hours and Travel. TASER personnel will work within normal business hours, Monday through
Friday, 8:30 a.m. to 5:30 p.m.,except holidays unless otherwise agreed in advance. All tasks on-
site will be performed over a consecutive timeframe unless otherwise agreed to by the Parties in
advance. Travel time by TASER personnel to Agency premises will not be charged as work hours
performed.
3.2. Changes to Services. Changes to the scope cf Services must be documented and agreed upon
by the Parties in a change order Changes may require an equitable adjustment in the charges or
schedule.
4 Atllhor utlort to Acca r Co/miler Sy*temrs to Perk rtn Services. The Agency authorizes TASER to
access relevant Agency computers and network systems solely for the purpose of performing the Services.
TASER will work diligently to identify as soon as reasonably practicable the resources and information
TASER expects to use, and will provide an initial itemized list to the Agency The Agency is responsible
for, and assumes the risk of any problems,delays, losses,claims, or expenses resulting from the content,
accuracy,completeness, and consistency of all data, materials, and information supplied by the Agency.
5 SJ1tePrinorarlion and Intetalimiloio. Prior to delivering any Services,TASER will provide 1 copy of the then-
current user documentation for the Services and related Products in paper or electronic form (Product
User Documentation). The Product User Documentation will include all environmental specifications that
must be met in order for the Services and related Products to operate in accordance with the Product User
Documentation. Prior to the installation of Product (whether performed by the Agency or TASER), the
Agency must prepare the Installation Site In accordance with the environmental specifications set forth in
the Product User Documentation. Following the installation of the Products, the Agency must maintain the
Installation Site where the Products have been installed In accordance with the environmental
specifications set forth in the Product User Documentation, In the event that there are any updates or
modifications to the Product User Documentation for any Products provided by TASER under this
Agreement, including the environmental specifications for the Products,TASER provide the updates or
modifications to Agency when they are generally released by TASER to TASER customers.
6 AccaltilalCit Checklist TASER will present an Acceptance Checklist(Checklist)upon completion of the
Services that will exactly mirror the description of services within this Section. The Agency will sign the
Checklist acknowledging completion of the Services once the on-site service session has been completed.
If the Agency reasonably believes that TASER did not complete the Services in substantial conformance
with this Agreement, the Agency must notify TASER In writing of the specific reasons for rejection of the
Services within 7 calendar days from delivery of the Checklist. TASER will address the issues and then
will re-present the Checklist for approval and signature. If TASER does not receive the signed Checklist
or a written notification of the reasons for the rejection of the performance of the Services within 7 calendar
days of delivery of the Checklist,the absence of the Agency response will constitute affirmative acceptance
of the Services,and a waiver of any right of rejection
7 Liability for Loss or Corrutrtlon of Data.The Agency is responsible for (i) instituting proper and timely
backup procedures for Agency software and data; (ii)creating timely backup copies of Agency software or
data that may be damaged,lost,or corrupted due to our provision of Services; and(iii)using backup copies
to restore any Agency software or data in the event of any loss of, damage to, or corruption of the
operational version of Agency software or data, even if such damage, loss,or corruption is due to TASER
negligence. However, regardless of any assistance provided by TASER (I)TASER will in no way be liable
for the accuracy, completeness, success, or results of efforts to restore Agency software or data; (ii)any
assistance provided by TASER under this Section is without warranty, express or implied, and (iii) in no
Title: Evidence corn Mester Service Agreement with,Exhibits Page 13 0118
Department. Legal
Version 11.3
Reteaee Date 7/31/1315
--pt�-..�' ems!
o g o r e c r i L
event will IASER be Ilab'e for loss of,damage tc or corruption of Agency data from any cause.
'Hut Evldenea bon,Matter Service Agreement with Exhlette 14 1t1
Dept rt.,eat Legal
Vars'an 0
Reaase QMe 7131/2015
TASER Assurance Plan
Appendix
The TASER Assurance Plan or"TAP" has been purchased as part of the Quote attached to this Agreement. TAP
provides hardware extended warranty coverage,Spare Products,and Upgrade Models at the end of the TAP Term.
TAP only applies to the TASER Product listed in the Quote with the exception of any initial hardware or any software
services offered for, by,or through the Evidence.com website.The Agency may not buy more than one TAP for any
one covered Product.
1 TAP Warranty Carlvraae.TAP includes the extended warranty coverage described in the current hardware
warranty. TAP warranty coverage starts at the beginning of the TAP Term and continues as long as the
Agency continues to pay the required annual fees for TAP. The Agency may not have both an optional
extended warranty and TAP on the Axon camera/Dock product. TAP for the Axon camera products also
includes free replacement of the Axon flex controller battery and Axon body battery during the TAP Term
for any failure that is not specifically excluded from the Hardware Warranty.
2 TAP Tenn.TAP Term start date is based upon the shipment date of the hardware covered under TAP. if
the shipment of the hardware occurred in the first half of the month,then the Term starts on the 1st of the
following month. If the shipment of the hardware occurred in the second half of the month, then the Term
starts on the 15th of the following month.
3 RABE prodacj. TASER will provide a predetermined number of spare Products for those hardware items
and accessories listed in the Quote (collectively the`Spare Products") to keep at the Agency location to
replace broken or non-functioning units in order to improve the availability of the units to officers In the field.
The Agency must return to TASER, through TASER's RMA process, any broken or non-functioning units
for which a Spare Product is utilized, ana TASER will repair or replace the non-functioning unit with a
replacement product. TASER warrants It will repair or replace the unit which fails to function for any reason
not excluded by the TAP warranty coverage, during the TAP Term with the same product or a like product,
at TASER's sole option. The Agency may not buy a new TAP for the replacement product or the Spare
Product.
3.1. Within 30 days of the end of the TAP Term the Agency must return to TASER all Spare Products.
The Agency will be invoiced for and ere obligated to pay to TASER the MSRP then in effect for all
Spare Products not returned to TASER. If all the Spare Products are returned to TASER, then
TASER will refresh the allotted number of Spare Products with Upgrade Models if the Agency
purchases a new TAP for the Upgrade Models.
4 TAP Ups,rade Moels. Upgrade Models are to be provided as follows during and/or after the TAP Term:
(i) an upgrade will provided In year 3 it the Agency purchased 3 years of Evidence.com services with
Ultimate Licenses or Unlimited Licenses and all TAP payments are made;or(ii)2.5 years after the Effective
Date and once again 5 years after the Effective Date if the Agency purchased 5 years of Evidence.com
services with an Ultimate License or Unlimited Licenses or OSP and made all TAP payments.
Any products replaced within the six months prior to the scheduled upgrade will be deemed the Upgrade
Model. Thirty days after the Upgrade Mode's are received,the Agency must return the products to TASER
or TASER will deactivate the serial numbers for the products received unless the Agency purchases
additional Evidence.com licenses for the Axon camera products the Agency is keeping. The Agency may
buy a new TAP for any Upgraded Model.
4.1. TAP Axon Camera Upgrade Models.
4.1.1. If the Agency purchased TAP for Axon Cameras as a stand-alone service, then TASER
will upgrade the Axon camera (and controller if applicable),free of charge,with a new on-
Tide Fvllence corn Matter 5ervaa Agreement with Exhibits Pepe 15 or 1e
Department Lege,
Version: 11 0
Release Date. 7r3igo1S
T1lA,9 E R
officer video camera that is the same product or a like product, at TASER's sole option.
TASER makes no guarantee that the Upgrade Model will utilize the same accessories or
Dock. If the Agency would like to change product models for the Upgrade Model,then the
Agency must pay the price difference in effect at the time of the upgrade between the
MSRP for the offered Upgrade Model and the MSRP for the model that will be acquired.
No refund will be provided if the MSRP of the new model is less than the MSRP of the
offered Upgrade Model.
4.1.2. If the Agency purchased Unlimited License or OSP, then TASER will upgrade the Axon
camera(and controller if applicable),free of charge,with a new on-officer video camera of
the Agency's choice.
4.2. TAP Dock Upgrade Models. TASER will upgrade the Dock free of charge, with a new Dock with
the same number of bays that is the same product or a like product,at TASER's sale option. If the
Agency would like to change product models for the Upgrade Model or add additional bays,then
the Agency must pay the price difference in effect at the time of the upgrade between the MSRP
for the offered Upgrade Model and the MSRP for the model desired. No refund will be provided if
the MSRP of the new model is less than the MSRP of the offered Upgrade Model
S TAP Tenn WWII. If an invoice for TAP is more than 30 days past due or the Agency defaults on its
payments for the Evidence.com services then TASER may terminate TAP and all outstanding Product
related TAPs. TASER will provide notification that TAP coverage is terminated. Once TAP coverage is
terminated for any reason,then:
5.1. TAP coverage will terminate as of the date of termination and no refunds will be given.
5.2. TASER will not and has no obligation to provide the free Upgrade Models.
5.3. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all
Spare Products provided under TAP. If the Spare Products are returned within 30 days of the
Spare Product invoice date, credit will be issued and applied against the Spare Product invoice.
5.4. The Agency will be responsible for payment of any missed payments due to the termination before
being allowed to purchase any future TAP.
5.5. if the Agency received Axon Products free of charge and TAP is terminated before the end of the
term then(a)the Agency will be Invoiced for the remainder of the MSRP for the Products received
and not already paid as part of the TAP before the termination date; or (b) only in the case of
termination for non-appropriations, return the Products to TASER within 30 days of the date of
term i nation.
Tuta Evidence.corn Master Service Agreement with Exhibits Pape 1e of 1e
Department legal
Version'. 11.0
Release Date: 7131/2015
Ft
P R A M ,. 1 i • r
Axon Integration Services
Appendix
1. Terme The term of this SOW commences on the Effective Date.The actual work to be performed by TASER
is not authorized to begin until TASER receives the signed Quote or a purchase order for the Integration
Services, whichever is first.
2. done 01$nteotatlon See/km The project scope will consist of the development of an integration module
that allows the EVIDENCE.eorn services to interact with the Agency's RMS so that Agency's licensees may
use the integration module to automatically tag the AXON®recorded videos with a case ID, category,and
location.The integration module will allow the Integration Module License holders to auto populate the AXON
video meta-data saved to the EVIDENCE.com services based on data already maintained in the Agency's
RMS.TASER is responsible to perform only the Integration Services described in this SOW and any additional
services discussed or implied that are not defined explicitly by this SOW will be considered out of the scope
and may result In additional fees.
3. pgtcptp.All Integration Services performed by TASER will be rendered in accordance with the fees and
payment terms set forth in the Quote.
4. Delivery Ed Intearstionikftivos%
4.1 Support After Completion of the integration Services. After completion of the Integration
Services and acceptance by the Agency, TASER will provide up to 5 hours of remote(phone or
Web-based) support services at no additional charge to the Agency. TASER will also provide
support services that result because of a change or modification in the EVIDENCE,1mm services
at no additional charge as long as the Agency maintains EVlDENCgt?orn subscription licenses and
Integration Module Licenses, and as long as the change Is not required because the Agency
c.nanges its RMS. Thereafter, any additional support services provided to the Agency will be
charged at TASER's then current standard professional services rate.
4.2 Changes to Services.Changes to the scope of the Integration Services must be documented and
greed upon by the Parties in a change order. If the changes cause an increase or decrease in any
charges or cause a scheduling change from that originally agreed upon, an equitable adjustment
in the charges or schedule will be agreed upon by the Parties and included in the change order,
signed by both Parties.
4.3 Warranty.TASER warrants that it will perform the Integration Services in a good and workmanlike
manner.
5 Arcceplancet TASER will present Agency with a completed Checklist (Checklist) certifying TASER's
completion of the Integration Services. It Agency reasonably believes that TASER did not complete the
Integration Services in substantial conformance with this SOW, Agency must notify TASER in writing of its
specific reasons for rejection within 7 calendar days from delivery of the Checklist to the Agency TASER
will address the Agency's issues and will re-present the Checklist for the Agency's review. If TASER does
not receive a wr.tten notification of the reasons for rejection of the Checklist,the absence of a response will
constitute Agency's affirmative acceptance of the Integration Services,and a waiver of any right of rejection.
6 Elaencv1s Reanortsibllltles.TASER's successful performance of the Integration Services depends upon
the Agency's
6.1 Making available its relevant systems, including its current RMS, for assessment by TASER
(including making these systems available to TASER via remote access if possible);
6.2 Making any required modifications, upgrades or alterations to Agency's hardware, facilities,
systems and networks related to TASER's performance of the Integration Services;
6.3 Providing access to the building facilities and where TASER is to perform the Integration Services,
subject to safety and security restrictions imposed by the Agency (including providing security
passes or other necessary documentation to TASER representatives performing the Integration
Services permitting them to enter ane exit Agency premises with laptop personal computers and
Tine. Ewdeece.cm+MOW SelVICitr AQrppmant with Exhibits Papp 17 of 1!
Department- Legal
Verse: 11
Release Dale: 7131/2015
TASER
any other materials needed to perform the Integration Services);
8.4 Providing all necessary infrastructure and software information (TCP/IP addresses, node names,
and network configuration) necessary for TASER to provide the Integration Seryices;
6.5 Promptly installing and implementing any and all software updates provided by TASER;
6.6 Ensuring that all appropriate data bacKUps are performed;
6.7 Providing to TASER the assistance, participation, review and approvals and participating in testing
of the Integration Services as requested by TASER;
6.8 Providing TASER with remote access to the Agency's Eyidertce.00nT account when required for
TASER to perform the Integration Services,
6.9 Notifying TASER of any network or machine maintenance that may impact the performance of the
integration module at the Agency; and
6.10 Ensuring the reasonable availability by phone or email of knowledgeable staff and personnel,
system administrators, and operators to provide timely, accurate, complete, and up-to-date
documentation and information to TASER (these contacts are to provide background information
and clanfication of information required to perform the Integration Services)
7 As<#horlutlsn ,Aocass Gornwuhrr Svitms to Perform Senr{caa_Agency authorizes TASER to access
Agency's relevant computers, network systems, and RMS solely for the purpose of performing the
Integration Services.TASER will work diligently to identify as soon as reasonably practicable the resources
and information TASER 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
8 Definitions,
'Integration Services"means the professional services provided by us pursuant to this SOW.
.
Tkie. Evidence con'Master Sen,loe Agreement with EYhibits Page 18 0118
Department. Legal
Version 11.0
Release Date; 7/91/2015
TASER International
0
Priori Lift Protect Tnab.
17800 N 85th St.
Scottsdale,Arizona 85255
United States
Phone:(800)978-2737 TjIE Ft
Fax:480-991-0791
Joe DeGutllo
(561)742-6126
(561)742-6185
degiulioj@bbfl.us Quotation
Quote: Q-92696-3
Date: 1/13/2017 8:15 AM
Quote Expiration:2/20/2017
Contract Start Date":3/1/2017
Contract Term:5 years
AX Account Number:
111065
BIB Tot Snip To:
Boynton Beach Police Dept.-FL Joe DeGuilio
P.O.BOX 310 Boynton Beach Police Dept.•FL
Boynton Beach,FL 33425 100 E.Boynton Beach Blvd.
US Boynton Beach,FL 33435
US
SALESPERSON PHONE - - EMAAIL 'DELIVERY METTIOD PAYMENT ME'T'HOD
Andrew Mellen 9 hi-2737 amellen(Aaser.com Fedex-around Net 30
'Note this will vary based on the shipment date of the product
Year 1:Hardware-Due Net 30
QTY ITEM it DESCRIPTION UNIT TOTAL BEFORE- DISCOUNT(5) . NET TOTAL
PRICE DISCOUNT
80 74001 AXON CAMERA ASSEMBLY,ONLINE, USD 399.00 USD 31,920.00 USD 23,920.00 USD 8,000.00
AXON BODY 2,BLK
.ARMY
80 74020 MAGNET MOUNT,FLEXIBLE,AXON USD 0.00 USD 000 USD 0.00 USD 0.00
RAPIDLOCK
80 74021 MAGNET MOUNT,THICK OUTERWEAR, USD 000 USD 0.00 USD 0.00 USD 0.00
AXON RAPIDLOCK
F:" I 1553 SYNC CABLE,USB A TO 2.SMM USD 0.00 USD 0.00 USD 0.00 USD 0.00
a 70033 WALL MOUNT BRACKET,ASSY, USD 35.00 USD 490.00 USD 0.00 USD 490.00
EVIDBNCE.COM DOCK
14 74008 AXON DOCK,6 BAY+CORE,AXON USD USD 20,930.00 USD 0.00 USD 20.930.00
BODY 2 I,495.00
14 87026 TASER ASSURANCE PLAN DOCK 2 USD 216.00 USD 3,024.00 USD 0.00 USD 3.024 00
ANNUAL PAYMENT
u 74001 AXON CAMERA ASSEMBLY,ONLINE, ,
USD 399.00 USD 31,920.tat USD 31,920.00 USD 000
AXON BODY 2,BLK
80 74020 MAGNET MOUNT,FLEXIBLE.AXON USO 0.00 USD 0.00 USD 0.06 USD 0.00
L__.____.
i RAPIDLOCK
Page I of 5
QTY I'T'EM a DESCRIPTION UNIT TOTAL BEFORE DISCOUNT(Q NET TOTAL
PRICE DISCOUNT
80 74021 MAGNET MOUNT,THICK OUTERWEAR, USD 0.00 USD 0.00 USD 000 USD 0.00
AXON RAPIDLOCK
80 11553 SYNC CABLE,USB A TO 2.SMM USD 0,00 USD 0.00 USD 0.00 USD 0.00
u 85086 TASER ASSURANCE PLAN UPFRONT USD IVSD 81.600.00 USD 31.600 00- USD 0.00
PAYMENT,AXON BODY:5 YEAR 1,020.00
60 10112 AXON SIGNAL UNTI' USD 279.00 USD 16,740.00 USD 0.00 1.1513 16,740.00
SO 70116 PPM,SIGNAL USD 89.99 USD 7,199.20 USD 7,199.20 USD 0.0
Year 1:Hardware-Due Net 30 Total Before Discount,: USD 193,823.20
Year 1:Hardware-Dur Net 30 Dlseouat: USD 144,639.20
Yeti 1:Hardware-Due Nei 30 Net Amount Due: USD 49.184.00,
Year l:Evidonoo.eom-Duc Net 30
QTY ITEM Y DESCRIPTION UNIT TOTAL REFORE DISCOUNT(5) NIT TOTAL
PRICE DISCOUNT
811 85123 EVIDENCECOM UNLIMITED LICENSE USD 948.00 USD 75,840.00 USD 0.00 USD 75,840.00,
YEAR I PAYMENT
,3,200 85110 EVIDENCE.COM INCLUDED STORAGO. USD 0.00 USD 0.00 . USD 0.00 USD 0.00
25 88101 STANDARD EVIDENCE.COM LICENSE. USD 300.113 USD 7,500.00 USD 000 USD 7,500.00
YEAR I PAYMENT
500 85110 EVIDENCE COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00
80 85100 EVIDENCE.COM INTEGRATION USD 180.00 USD 14,400.00 USD 0.00 USD 14,400.00
LICENSE:ANNUAL PAYMENT
Ik
1 85055 AXON FULL SER VICE USD USD 15,000.00 USD 3,750.00 USD 11,250.00
15,000.00
Veer 1;EvIdence.c m-Due Net 30 Total Before Dhcount,: 1:41)117,740.00
Year 1:Evldeace.eorn•Dae Net 30 Dlscount: USD 3,750.00
Year I;Evldeacecom•Dee Net 30 Net Amount Due: USD 108,990.00
spares
_.. ___.. _ h
Ql'Y ll'EM 8 DESCRIPTION Uhl] TOT A1.BEFORE DISCOUNT(S)- NET TOTAL
I'kI(E DISCOUNT
74091 AXON CAMERA ASSEMBLY,ONLINE, I NO O,1r) USD 0.00 USD 0.00 USD 0.00
AXON BODY 2,BLK
2 74020 MAGNET MOUNT,FLEXIBLE,AXON USD 0.00 USD 0.00 USD 0.00 USD 0.00
RAPIDLOCK
2 74021 MAGNET MOUNT,THICK OUTERWEAR, USD 0.00 USD 0.00 USD 0.00 USD 0.00
AXON RAPIDLOCK
2 11553 SYNC CABLE,USB A TO 2.5MM USD 0.00 USD 0 00 USD 0 00 USD 0.00
Sparer Total Refute Dirrount : USD 0.00
Spares Net Amount Due: USD 0.00
Year 2-Evidence.com
QTY ITEM 8 DESCRIPTION UNIT TOTAL
DISCOUNT(S) ' NET TOTAL
PRICE
L BE
80 85124 F.VIDENCF..COM UNLIMITED LICENSE USD 948,00 USD 75,840.00 USD 0.00 USD 75.840.00
YEAR 2 PAYMENT
1,200 Ss 110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00
Page 2 of 5
QTY ITEM 0 DESCRIPTION UNIT '1'OrAL BEFORE DISCOUNT(S) NET TOTAL
PRICE DISCOUNT
25 89201 STANDARD EVIDENCE COM LICENSE: USD 300.00 USD 7,500,(X) USD 0.00 USD 7,500.00
YEAR 2 PAYMENT
500 85110 EVIDENCE.COM INCLUDED STORAGE USD 000 USD 0.00 USD 0-00 USD 0 00
• 14 87026 TASF.R ASSURANCE PLAN DOCK 2 USD 216.00 USD 3,024.00 USD 0 00 USD 3,024.00
ANNUAL PAYMENT
80 85100 EV1IW.NCE.COM INTEGRATION USD 180,00 USD 14,400.00 11511 0.00 USD 14,400.00
LICENSE:ANNUAI_PAYMENP
fear 2-Er(denee.com Total Before Discounts: USD 100,764.00
Year 2-ENdence.cum Net Amount Due: USD 100,764.00
Year 3-Evideoce.com
QTY ITEM 8 DESCRIPTION UNIT TOTAL.BEFORE DISCOUNT(3) NET TOTAL
PRICE DISCOUNT
80 85125 EVIDENCE.COM UNLIMITED LICENSE L.SG 901.110 USD 75.840.00 USD 0.00 USD 75,840.00
YEAR 3 PAYMENT
,2Cd1 8 51 E. EVIDENCE COM INCLUDED STORAGE USD 0 00 USD 0.00 USD 0.00 USD 0.00
25 88301 STANDARD EVIDENCE.COM LICENSE: USD 300.00 USD 7,500.00 USD 0.00 USD 7,500.DC
YEAR 3 PAYMENT
1500 85110 EVIDENCE COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 000
14 87026 TASER ASSURANCE PLAN DOCK 2 USD 216.00 USD 3,024.00 USD 0.00 I USD 3,024.00
ANNIJAI,PAYMENT '.
'--a-...--- _
80 85100 EVIDENCE COM INTEGRATION USD 180.00 USD 14;400.00 USD 0.00 USD 14,40000
LICENSE:ANNUAL PAYMENT
Year 3-Evidence.eum Total Before Di counts. USD 100,764.00
Year 3-Evidene&com Net Amount Due: 1150 100,764.00
Year 4-Evldence.coID
QTY ITEM 0 DESCRJY'rION UNIT TOTAL BEFORE DISCOUNT(8) NET WEAL
PRICE DISCOUNT
80 85126 EVIDENCE.C:OM UNLIMITED LICENSE USD 948 00 USD 75.840.00 USD 0.00 USD 75,840.00
YEAR 4 PAYMENT
.4 0
11'01 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USI)0.00 USD 0.00 USD 0.00
i 25 88401 STANDARD EVIDENCE.COM LICIsNSF: USD 300.00 USI)7,500.00 USD DAD USD 7,500.00
I YEAR4PAYMENT
' p 85110 EVIDENCECOM INCLUDED STURAUL USD 0.0G USD 0.00 USD 0.00 USD 0.00
14 87026 TA SER ASSURANCE PLAN DOCK 2 USD 216.00 USD 1,024.00 USD 000 LJSD 3.02400
ANNUAL PAYMENT
SO 951(0 EVIDENCE.COMINTEGRATION USD(80.00 USD 14,40000 USD000 USD 14,400.00
I.ICENSIE ANNUAL PAYMENT
Year 4-F e1dence.com Total Before Discounts: . USD 100,764.00
Year 4-Evidence-cam Net Amount Due: USD 100,764.00
Year S-Lvidence.com
QTY ITEM U DESCRIPTION UNIT TOTAL BEFORE DISCOUNTS) , NET TOTAL
PRICE DISCOUNT
•
80 85127 EVIDENCE,COM UNLIMITED LICENSE USD 948.00 USD 75,84000 USD 0.00 USD 75,840.00
YEAR S PAYMENT
. 4
3,200 85110 MIDINCL'.COM INCLUDED STORAGE USD 0.00 USD0.00 USD0.00 ' USD0.00
Page 3 of 5
QTY ITEM it DESCRIPTION UNIT TOTAL BEFORE DISCOUNT(S) NET TOTAL
PRICE DISCOUNT
ti
25 88501 STANDARD EVIDENCE COM LICENSE: USD 300.00 USD 7,500.00 USD 0.00 USD 7,500.00
YEARS PAYMENT
�C0 85110 EVIDENCE COM INCLUDED STOItA JP USD 0 00 USD 0.00 USD 0.00 USD 0.00
4
14 87026 TASER ASSURANCE PLAN DOCK 2 USD 210.00 USD 3,024.00 USD 0.00 USD 3,024.00
ANNUAL PAYMENT
BO 85100 EVIDENCF.COM INTEGRATION USD 180.00 USI)14,400.00 USD 0.00 USD 14,400.00
LICENSE ANNUAL PAYMENT
Year S S.Evidence-corn-Total Before Discounts: CSD:00,764.00
Year 5-Evtdencc.cum Net Amount Due. USD 100,764.00
Subtotal USD 561,230.00
Estimated Shipping&Handling Cad USD 553.92
Grand Total USD 561,783.92
Pngc 4 of 5
Complimentary Evidence.eom Tier Upgrade Through September 2016
This quote 000iaimi a purchase of either the Basic or Standard Evidence.com license.You will temporarily receive the features available with the Professional
license for the Basic and Standard licenses purchased until September 2016.This is a free upgrade to your account so you can enjoy all the benefits of our
most feature rich license tier.In September 2016 you will be prompted to select which users you would like to assign to each tier.This will have no impact on
uploaded data.
Axon Body 2 Shipping
Axon Body 2 is available for delivery between 8•I U weeks after purchase date.You will be notified if there are any delays.TASER reserves the right to make
product changes without notice.
Signal Performance Power Magazine(SPPM)Pre-order
Thank you for your interest in the Signal Performance Power Magazine(SPPM). This preorder is a commitment to purchase the SPPM.The SPPM is available
for delivery starting in November 2016.You:will be notified if there are any delays.TASER reserves the right to make product changes without notice.
TASER International,Inc.'s Sales Terms and Conditions
for Direct Sales to End User Purchasers
By sighing this Quote,you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's Master
Services and Purchasing Agreement posted at www,teeeLctlnn/kgpi.You represent that you are lawfully able to enter into contracts and if you are entering into
this agreement for an entity,such as the company,municipality,or government agency you work for,you represent to TASER that you have legal authority to
bind that entity.If you do not have this enttsestley not sigh this Quote.
TASER International,Inc.
Signature: Date: LI
Name(Prier): Or i t Title:
POM(if needed):
Boynton Beach Police Department
Signature: Date:
Name(Print): Title:
POM(if needed):
Quote:Q-92696-3
Please sign and email to Andrew Mellen at amellent@laser,com or fax to 480-991-0791
THANK YOU FOR YOUR BUSINESS!
'Protect Life'and O are trademarks of TASER International,Mc„and TASERB lea registered trademark of TASER International,Inc.,registered in the U.S.
O 7f 1)TASFa Inlernarionat,Inc.All rights reserved.
Page 5of5
1 RESOLUTION NO. R17-011
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,FLORIDA,
5 AUTHORIZING AND DIRECTING THE CITY MANAGER SIGN A
6 MASTER SERVICES AND PURCHASING AGREEMENT AND ALL
7 RELATED DOCUMENT, SUBJECT TO CITY ATTORNEY
8 APPROVAL, WITH TASER INTERNATIONAL, INC., FOR THE
9 PURCHASE OF 80 BODY WORN CAMERAS AND A FIVE YEAR
10 SUBSCRIPTION OF EVIDENCE.COM FOR UNLIMITED STORAGE
11 OF ALL VIDEO FROM THE CAMERAS IN THE AMOUNT OF
12 $561,783.92; AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS,the Police Department is requesting to purchase 80 body worn cameras
16 and associated digital evidence management software which will include the necessary
17 accessories, storage, management tools and training for a successful body worn cameras
18 program; and
19 WHEREAS, this will also provide unlimited storage for all video recorded using
20 TASER equipment and will benefit the Police Department by not having to purchase more
21 storage space regardless of what happens with State retention laws or agency policy;and
22 WHEREAS,staff has recommended that the City Commission approve a five(5)year
23 subscription with Evidence.com and the purchase of 80 body worn cameras from Taser
24 International,Inc.,utilizing$49,737.92 for the cost of the cameras from the Federal Forfeiture
25 Law Enforcement Trust Fund and the five year subscription for unlimited storage in the
20 amount of$512,046.00 from the departmental budget.
27 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
29 Sept I The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 being true and correct and are hereby made a specific part of this Resolution upon adoption
C\Users1StenzioneTVlppDate1Local\Microsoft Windows\Temporary Internet
FilesContent.lE51SATNQEVNIRody_wom_camera_purchase Tager Intl_ Reso.doc
31 hereof.
32 agaggra, The City Commission of the City of Boynton Beach, Florida, hereby
33 authorizes and directs the City Manager to sign a Master Services and Purchase Agreement,along
34 with all related documents,subject to City Attorney Approval, with Taser International,Inc.,for
35 the five(5)year subscription with Evidence.com and the purchase of 80 body worn cameras from
36 Taser International, Inc., utilizing $49,737.92 for the cost of the cameras from the Federal
37 Forfeiture Law Enforcement Trust Fund and the five year subscription for unlimited storage in the
38 amount of $512,046.00 from the departmental budget, a copy of said Master Services and
39 Purchase Agreement final document is attached hereto as Exhibit"A".
40 Section 3z This Resolution shall become effective immediately upon passage.
41 PASSED AND ADOPTED this 17th day of January,2017.
42 CITY OF BOYNTON BEACH,FLORIDA
43
44 YES NO
4 5 Mayor—Steven B. Grant o/
45
47 Vice Mayor—Mack McCray f
48
4 9 Commissioner—Justin Katz //-
50
51 Commissioner—Christina L.Romelusy _
52
53 Commissioner—Joe Casello
54
55
56 VOTE 6"0
57 ATTEST:
58
59 f, r
r
60 J 1 A. Pyle, CMC '
61 or Clerk
62
63
hltl
64 (Corporate Seal) :AK ;
CA.serstStanztoneTAppDatalocalMcrosofllWindowslTomporary ntemet
Fi.estCoItert.1E515ATNOEVN\Body_wom_camera_purchase_Taser_Intt_ Reso.doc
R21453
Axon Enterprise, Inc.'s TASER 7
AXON Agreement
This TASER 7 Agreement (-Agreement') applies to Agency's TASER 7 purchase from Axon
Enterprise,Inc.("Axon'),Agency will receive TASER 7 Conducted Energy Weapon raw"hardware,
accessories.warranty, and services documented in the attached Quote Appendix("Quote").
1 Term_The start date is based on the initial shipment of TASER 7 hardware("Start Date"). if
shipped in the first half of the month, the Start Date is the 1st of the following month. If
shipped in the last half of the month,the Start Date is the 15th of the following month, The
TASER 7 term will end upon completion of the associated TASER 7 subscription in the Quote
('Terra"). It the Quote has multiple TASER 7 ship dates, each shipment will have a 40-month
term,starting on the shipment of TASER 7 as described above.
2 TASER 7 Duty Cartridge Replacement Access. If the Quote includes 'TASER 7 Duty
Cartridge Replacement Access License",this section applies.The cost of the TASER 7 Duty
Cartridge Replacement Plan far each CEW user is included in the Agency's fees paid
pursuant to this agreement.A CEW user includes officers that use a CEW in the line of duty
and ones that only use a CEW for training.Agency may not resell cartridges received under
any TASER 7 plan,Axon will only replace cartridges used in the line of duty.
3 Training. The Quote Includes two annual Instructor training vouchers and one annual
master Instructor voucher. Agency must use the voucher within 1 year of issuance, or the
voucher will be void,During the Term,Axon will Issue Agency a voucher annually beginning
on the Start Date, The voucher has no cash value, Agency cannot exchange it for another
product or service. if the Quote includes Axon Online Training or Virtual Reality Content
(collectively, 'Training Content'). Agency may access Training Content during the Term,
Axon will deliver all Training Content electronically.Unless stated in the Quote,the voucher
does not include travel expenses incurred by the Agency in attending such trainings and will
be Agency's responsibility.
4 payment. Unless specified in the Quote, Axon will invoice Agency on the Start Date and
then on the Start Date anniversary during the Term, if annual payments are elected.
Payment is due net 30 days from the invoice, Payment obligations are non•canceiable,
Agency will pay invoices without setoff, deduction, or withholding. Unless Agency provides
Axon a valid and correct tax exemption certificate applicable to the purchase and ship-to
location,Agency is responsible for all taxes associated with the order.
5 Shipping.Axon may make partial shipments and ship 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,
if any. If the Quote includes future deliveries of hardware, Axon will ship hardware to
Agency's address on the Quote,
6 Return'', All sales are final. Axon does not allow refunds or exchanges, except warranty
returns or as provided by state or federal law.
7 tiariware Limited Warranty. Axon warrants that Axon-manufactured hardware is free
�rraariw.a it
Title:De Taser Agreemerti 5-26 (F inar) (i p1447106.l7OCX;6) Page l at 12
Department legal
Version: 2.0
Release Date; 11/20/2019
AAxon Enterprise, Int.'sTA►SER 7
AXONAgreement
from defects in workmanship and materials for I year from the date of Agencys receipt.
Mon warrants its Aeon-manufactured accessories for 90-days from the date of Agency%
receipt, Used CEW cartridges are deemed to have operated property. Non-Axon
manufactured Devices are not covered by Axon's warranty. Agency should contact the
manufacturer for support of non-Axon manufactured hardware. For purposes of clarity,
Safariland holsters listed in the Quote are Axon-manufactured accessories.
if Axon receives a valid warranty claim for Axon manufactured hardware during the
warranty term,Axon%sole responsibility is to repair or replace the hardware with the same
or like hardware,at Axon's option. Replacement hardware will be new or like new.Axon will
warrant the replacement hardware for the longer of (a) the remaining warranty of the
original hardware or(b'90-days from the date of repair or replacement
if the Quote includes an extended warranty,the extended warranty coverage begins on the
Start Date and continues for the Term for the hardware covered by the extended warranty
on the Quote.
If Agency exchanges hardware or a part,the replacement item becomes Agency's property,
and the replaced item becomes Axon's property. Before delivering hardware for service,
Agency must upload hardware data to Mon 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 hardware sent to Axon for service.
8 Warranty Limitations.Axon's warranty obligations exclude damage related to(a)failure to
follow Instructions on product's use; Cby products used with prodrxts not manufactured or
recommended by Axon,(c)abuse,misuse,intentional,or deliberate damage to the product;
(d)force maJeure;(e)products repaired or modified by persons other than Axon without the
written permission of Axon;or(f)products with a defaced al emaved serial number.
To the extent permitted by law, the warranties and remedies set forth above are
exclusive and Axon disclaims all other warranties,remedies,and conditions, whether
oral or written, statutory, or implied, as permitted by applicable law. If statutory or
implied warranties cannot be lawfully disclaimed, then all such warranties are
limited to the duration of the express warranty described above and limited by the
other provisi ons contained in this Agreement.Axon's cumulative liability to any party
for any loss or damage resulting from any claims, demands,or actions arising out of
or relating to any Axon product will not exceed the purchase price paid to Axon rar
the product or if for services, the amount paid for such services over the prior 12
months preceding the claim. In no event will either party be liable for any direct,
special, indirect,incidental,exemplary,punitive, or consequential damages, however
caused,, whether for breach of warranty, breach of contract, negligence, strict
liability, tort or under any other legal theory
9 Spare Products.Axon may provide Agency a fixed number of spares for lASER y hardware
in the Quote("Spare Products ),Spare Products will replace non-functioning units.If Agency
40O4471.06 6 JOh•WM1 L/ _ - -
Trtre:BB Taser Agreement 5-26(final) (DO447106,0OCX,6) Page 2 of 12
Department:Leoa I
Verstan: 2.0
Release Date: 11120;20 t 9
Al
/\0 I Axon Enterprise, Inc.'s TASER 7
Agreement
uses a Spare Product, Agency must return non-functioning units to Axon, and Axon will
repair or replace the non-functioning unit.If Agency does not return Spare Products to Axon
within 30 days of termination of this Agreement,Axon will invoke Agency the MSRP then in
effect for all unreturned Spare Products.
10 Trade-In. If a trade-in discount is on the Quote,Agency must return used hardware and
accessories associated with the discount (('Trade-in Units"? to Axon. Agency must ship
batteries via ground shipping_Axon will pay the shipping costs of the return, If Axon does
not receive Trade-In Units within the timefranne below,Axon will invoke Agency the value
of the trade-in discount. Agency may not destroy Trade-In Units and receive a trade-in
discount,
Agency Site Days to Return from Start Date
Less man 100 officers 30 days
100 to 499 officers 90 dam
500. officers 184 days
it product Worthily. See www.axon_cornAega1 for the most current Axon product warnings.
12 Design Changes. Axon may make changes in the design of any of Axon's products and
services without notifying Agency or making the same change to products and services
previously purchased. Axon may replace end of life products with the next generation of
that product without notifying Agency,
13 Tn . 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:
13.1. TASER 7 extended warranties and access to Training Content will terminate. No
refunds will be given.
13.2. 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, battery, holster, dock, core. training suits, and unused
cartridges to Axon within 30 days of the date of termination.The Agency will provide
notice of such non-appropriations within thirty(30)days of determining that funds
needed to maintain this agreement have not been appropriated.
13.3. Agency will be responsible for payment of any missed payments due to the
termination before being allowed to purchase any future TASER 7 plan.
14 Defeo. Axon will use reasonable efforts to deliver products and services as soon as
practicable.if delivery is Interrupted due to causes beyond Axon's control,Axon may delay
or terminate delivery with notice.
IS Proprietary Information Agency agrees Axon has and claims various proprietary rights+n
the hardware,firmware,software,and the integration of ancillary materials.knowledge,and
144++7•vs-s ave-wc*uR 1
TNe:BB Tie r Agreeifteeit 5-26 (Fiat) (404471(16.CKKX:6) Pape 3 of 12
Depd ent:Legal
Verson; 2.0
POMP,Oats; 11/20/2019
Axon Enterprise, Ins.'s TAER 7
Agreement
designs that constitute Axon products and services_ Agency will riot directly or indirectly
cause any proprietary rights to be violated.
16 Confidentiality.The Agency is public agency subject to Chapter 119,Florida Statutes. Axon
shall comply with Florida's Public Records Law. Spec[fically,Axon shall:
16.1. Keep and maintain public records required by Agency to perform the service;
16.2. Upon request from Agency's custodian of public records,,provide Agency with a copy
of the requested records or allow the records to be Inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla,
Stat.or as otherwise provided by law;
16.3. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized bylaw
for the duration of the Agreement term and,following completion of the Agreement,
Axon shall destroy all copies of such confidential and exempt records remaining in
its possession once Axon transfers the records in its possession to the Agency: and
16.4. Upon completion of the Agreement,Axon shall transfer to the Agency, at no cost to
the Agency,all public records In Axon's possession, All records stored electronically
by Axon must be provided to the Agency,upon request from the Agency's custodian
of public records, in a format that is compatible with the information techn Logy
systems of the Agency.
16,5. W AXON HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUES, TO AXON'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK -CITY OF BOYNTON BEACH
100 EAST OCEAN AVENUE, BOYNTON BEACH, FLORIDA, 33435
561.747.6061
CITYCLERKPBBFL,uS
17 Export Compliance. Each party will comply with all import and export control laws and
regulat ori.
113 Assignment.Agency may nal assignor transfer this Agreement without Axon's prior written
approval-
19 Gowning Law Venue. The laws of the state where Agency is physically located,without
reference to conflict of law rules,govern this Agreement and any dispute that might arise
between the parties, The United Nations Convention for the International Sale of Goods
does not apply to this Agreement-
1I344719F G 1274.• C'l�.7
Ttre:BB Taser Agreement 5-26(falai) (00447106.000 Q6) pose 4 4f 12
Department:Le l
Version; 2.0
Release Data: 11,120!2014
AXON Axon Enterprise, Int.'s TA Et 7
Agreement
20 E Verify
"Subcontractor" means a person or enot j that or vv.:Jan Idbor, supplies, or services to or
for a contractor or another subcontractor in exchange for salary, wages, or other
remuneration.
"E-V'orify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically
verify the employment eligibility of newly hired employees,
Effective January 1,2021,Axon was required to register with and use the IE-Verify system in
order to verify the work authorization status of all newly hired employees, Axon has
registered for and utilized the U,S. Department of Homeland 5ecurity"s (-Verify System to
verify the employment eligibility of:
• MI persons employed by Axon to perform employment duties within Florida during
the term of the Agreement;and
• Ml persons (including subvendorsrsubconsultants/subcontractors► assigned by
Axon to perform work pursuant to the Agreement with the City of Boynton Beach.
Axon acknowledges and agrees that registration and use of the U.S. Department of
Homeland security's (-Verify System during the term of the Agreement is a
condition of the Agreement with the City of Boynton Beach;and
• Axon shall comply with the provisions of Section 448.095, Fla.Stat, "Employment
Eligibility,' as amended from time to time, This includes, but is not limited to
registration and utilization of the (-Verify System to verify the work authorization
status of all newly hired employees.. Axon shall also require all subcontractors to
provide an affidavit attesting that the subcontractor does not employ,contract with,
or subcontract with, an unauthorized alien_ Axon shall maintain a copy of such
affidavit for the duration of the Agreement.
20.1. Contract Termination
28.1.1. If the Agency has a good faith belief that a person or entity with which It is
contracting has knowingly violated s. 448.09 (1) Fla. Stat., the Agreement
shall be terminated.
20.1.2. If the Agency has a good faith belief that a subcontractor knowingly vroated
s.448,095(2),but the Axon otherwise complied with s-44&095(2)Fla.Stat.,
Agency shall promptly notify Axon and order Axon to immediately terminate
the contract with the subcontractor.
20.143, A contract terminated under subparagraph a) or b) is not a breath of
contract and may not be considered as such,
20.1.4. My challenge to termination under this provision must be filed in the Circuit
Court of Palm Beach County no later than 20 calendar days after the date of
termination.
20.1.5. If the Agreement is terminated for a violation of the statute by Axon.AxOn
may not be awarded a public contract by the Agency for a period of 1 year
after the date of termination.
t40+.4non••sa••••i•l i i
Trtie,BB Taser Agreement 5.26{Frnar) {Oo 47tO6,OOCX;6} Parma 5 of 17
Department:Legal
Version: 2.0
Release Date: 11/20/2019
DowStanfillOmit IQ:g7cO 4 8944-4429•AtE2 EOC CALIFBF4
di A X0 Axon Enterprise, Inc:s TASER 7
Agreement
20.1.5. IF the Agreement rs terminated for a violation of the statute by Axon,Axon
may not be awarded a public contract by the Agency for a period of 1 year
after the date of termination,
21 Sffittinkitt_SOtnoartiet By execution of this Agreement, in accordance with the
requirements of F.$.2$7-135 and F.5,215.473,Axon certifies that Axon is not participating
in a boycott of Israel,Axon further certifies that Axon Is not on the Scrutinized Companies
that boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List and
not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List
or has Axon been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the A$ency will not contract for the provision of goods or services
with any scrutinized company referred to above. Submitting a false certification shall be
deemed a material breach of contract, The Agency shall provide notice,in writing, to Axon
of the Agency's determination concerning the false certification. Axon shall have live IS)
days from receipt of notice to refute the false certification allegation. if such false
certification is discovered during the active contract term,Axon shall have ninety(90)days
following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Axon does not demonstrate that
the Agency's determination of false certification was made In error then the Agency shall
have the right to terminate the contract and seek civil remedies pursuant to Section
287.135, Florida Statutes,as amended from time to time.
22 ragre_Agreement. This Agreement, Including the appendices, 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. 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,
Each representative Identified below declares they have been expressly authorized to execute this
Agreement as of the date of signature,
Axon Enterprise. Inc. Agency
Signature: -=- Signatur ._ .
Robert ori swirl
Name: Name: IL)RI Id► RT R
Title: vP, ASSOC, General Counsel Title:CITY PIANAGER
Date: 5/27/208OLP fl
I4:28 PM MST Date: ii [D50 I
s. Aa TO FORM '
1 . - A
VOReart
Title:ee'reser Agreement S-26(leni) 00447106.IX)CX;6) Page .6 of 12
O r artmant:LeQai
Vernon: 7-0
Release tate: 11f2012019
Axon Enterprise, Int.'s TASER
,444\ AxoN
Agreement
TASER 7 Axon Evidence Terms of Use Appendix
Definitions.
'Agency Content~ is data uploaded into, ingested by, or created in Axon Evidence within
Agency's tenant,, including media Or mirltiriledia uploaded into Axon Evidence 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 Dela" Is data, configuration, and usage information about Agency's Axon
Evidence tenant.Axon Devices and client software,and users that Is transmitted or generated
when using Axon Devices. Non-Content Data includes data about users captured during
account management and customer support activities, Non-Content Data does not include
Agency Content.
2 Subception Tem,.The TASER 7 Mon Evidence Subscription Term begins on the Start Date,
3 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 Axon Evidence Subscription Term.Agency may not upload
any non-TASER 7 data or any other files to Evidence.Agency may not exceed the number
of end-users than the Quote specifies,
4 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 Evidence to Agency and Agency end-users.
S Security.Axon will implement commercially reasonable and appropriate measures to secure
Agency Content against accidental or unlawful loss,access,or disclosure.Axon will maintain a
comprehensive information security program to protect Axon Evidence and Agency Content
includinig logical, physical access,vulnerability. risk,and configuration management„ incident
monitoring and response; encryption of uploaded digital evidence; security education; and
data protection as more fully described at h s//w .axon. omilegaticloud-seivices-
privacy-policy and ►ttps�fAwmaxon.connisecurltylaxor evidence and attached to this
Agreement. Axon agrees to the Federal Bureau of Investigation Criminal Justice information
Services Security Addendum released June 1, 2020,
tl Agenolemanakffit126.Agency is responsible for lay ensuring Agency users comply with this
Agreement;(b)ensuring Agency owns Agency Content and no Agency Content or Agency end
user's use of Agency Content or Axon Evidence violates this Agreement or applicable laws and
(c) maintaining necessary computer equipment and Internet connections for use of Axon
Evidence,If Agency becomes aware of any violation of this Agreement by an end-user,Agency
t. WitnUi
Title;t Tp gr Agreement 5-26 Crime) (00447106.DOck-6) Page 7 of 12
Department'Lego!
Version: 2.0
Release Date: 11f2O/2D19
Ail\ A x0 Ns. Axon Enterprise, Inc."s TASER 7
Agreement
will immediately terminate that end users access to Axon Evidence.
Agency is also responsible formaintaining the security of end-user names and passwords and
taking steps to maintain appropriate security and access by end-users to Agency Content.
Login credentials are for Agency internal use only and Agency may not sell, transfer, or
sublicense them to any other entity or person.Agency may download the audit log at any time.
Agency shall contact Axon immediately if an unauthorized third party may be using Agency's
account or Agency Content or if account information is lost or stolen,
7 Ethfilili. 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 administratiive body. Agency acknowledges and agrees that Axon
may access Agency Content In order 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 Services;(c)generate aggregated data,excluding Information
that can be used to distinguish or trace an individuals identity,either alone or when combined
with other personal or identlf4ng information that is linked or linkable to a specific individual
(collectively, 10H1. to improve, analyze, support, and operate Axon's current and future
products and services.
a anew Axon may place Agency Content that Agency has not viewed or accessed for 6
months Into archival storage, For purposes of clarity,Agency Content that has been moved
into archival storage remains Agency Content Agency Content in archival storage will not have
Immediate availability and may take up to 24 hours to access-The Agency's data will be stored
until this Agreement expires or terminates,subject to Section 13 of this Appendix.Data that
is more than six months old will be moved to archival storage and will not be accessible as
immediately as data in primary storage.
9 Locatspn of Data Storage. Axon may transfer Agency Content to third party subcontractors
for storage.Axon will determine the locations of data centers where Agency Content will be
stored. For United States agencies; Axon will ensure all Agency Content stored in Axon
Evidence remains within the United States. Ownership of Agency Content remains with
Agency.
10 Stl: 1.o, Axon may stipend Agency access or any end-urser%right to access or use any
portion or of Axon Evidence immediately upon notice, If;
10,1. Tfie Termination provisions of the TASER 7 Terms and Conditions apply;
Ica. Agency or an end-users use of or registration for Axon Evidence(I) poses a security
risk to Axon Evidence or any third party, {ii}may adversely Impact Axon Evidence or
the systems or content of any other customer,(ill)may subject Axon,Axons affiliates,
or any third party to liability,or(iv)may be fraudulent;
Agency remains responsible for all fees incurred through the date of suspension without any
credits for any period of suspension. Axon will not delete any of Agency Content on Axon
tI * ltwbiva.VIAIHNCI
Title ea Taser Agreement 546(Bruit} 11 ;71O6.DQCx;61 Page 9 of 12
taepartln nt;tegar
Version_ 2.0
Release Date:11/20/2019
AXON
Axon Enterprise, Inc,'s TASER 7
AI Agreement
t
Evidence due to suspension,except as specified elsewhere in this Agreement.
11 Axon Evidence Warranty. Axon warrants that Axon Evidence mil not infringe or
misappropriate any patent, copyright, trademark, or trade secret rights of any third party.
Axon disclaims any warranties or responsibility for data corruption or errors before the data
Is uploaded to Axon Evidence.
12 AmlyidenceAcadahum. All Axon Evidence subscriptions will immediately terminate if
Agency does not comply with any term of this Agreement. Agency, and Agency end-users
(including employees,contractors,agents,officers,4olunteersand directors),may not,or may
not attempt to:
12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon
Evidence:
12.2 reverse engineer, disassemble, or decompile Axon Evidence or apply any other
process to derive any source code included in Axon Evidence, or allow any others to
do the same;
12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid
incurring fees or exceeding usage limits or quotas;
12.4. use trade secret information contained in Axon Evidence, except as expressly
permitted in this Agreement;
12.5. access Axon Evidence to build a competitive product or service or copy any features,
functions,or graphics of Axon Evidence;
124. remove, alter, or obscure any confidentiality or proprietary rights notices(including
copyright and trademark notices) of Axon's or Axon's licensors on or within Axon
Evidence;or
12.7. use Axon Evidence to store or transmit infringing, libelous, or otherwise unlawful or
tortious material,to store or transmit material in violation of third-party privacy rights,
or to store or transmit malicious code.
13 After Termination. Axon will not delete Agency Content for 90 days following termination.
During these 90 days,Agency may retrieve Agency Content only if all amounts due have been
paid, There will be no application functionality of Axon Evidence during these 90 days other
than the ability to retrieve Agency Content.Agency will not incur any additional fees if Agency
Content is downloaded from Axon Evidence during these 90 days. After these 90 clays,Axon
will thereafter,unless legally prohibited,delete all of Agency Content stored In Axon Evidence.
Upon request,Axon will provide written proof that all Agency Content has been successfully
deleted and fully removed from Axon Evidence_
14 Posts tittatim.A,aisig e.Axon will provide Agency with the same post-termination data
retrieval assistance that Axon generally makes available to all customers. Requests for Axon
to provide additional assistance in downloading or transferring Agency Content„ including
requests for Axon's Data Egress Services, will result In additional fees and Axon will not
warrant or guarantee data Integrity or readability in the external system.
15 US.Ggverf1 l irR hts- if Agency is a U.S. Federal department or using Axon Evidence on
{111;14 6 x.4,tee_1but 1
Title;BB Taser Agreement 5.26(final) (00447106,00046) age 9 of 12
Department:Legal
version: 2.0
Relelhsc Mete: 11/20/2019
AXONAxon Enterprise, Enc.'s 'BASER 7
Agreement
behalf of U.S. Federal department, Axon Evidence 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 Evidence on behalf of the U.S.
Government and these terms fail to meet the U.S.Governments needs or are inconsistent in
any respect with federal law,Agency will immediately discontinue the use of Axon Evidence.
16 Survival.Upon any termination of this Agreement.the following sections will survive: Agency
Owns Agency Content,Storage,Axon Evidence Warranty,and Axon Evidence Restrictions.
117:44111:6.t.106 4517".M:7 I
Title:BB Tamer Agreelrtei!t 5-26 (F wan (00447106.DOCX;6) Page 10 of 12
Departnient:Legel
Version: j_O
Release Date: 11/2W2O19