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HomeMy WebLinkAbout21-199 Resolution No. 21-199 RESOLUTION AUTHORIZING EXECUTION OF A MASTER SERVICES AND PURCHASING AGREEMENT WITH AXON ENTERPRISE, INC. FOR THE PURCHASE OF BODY-WORN CAMERAS, IN-CAR CAMERA SYSTEMS, CONDUCTED ELECTRICAL WEAPONS AND RELATED EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Master Services and Purchasing Agreement on behalf of the City of Elgin with Axon Enterprise, Inc. for the purchase of body-worn cameras, in-car camera systems, conducted electrical weapons and related equipment, in a form approved by the Corporation Counsel. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 15, 2021 Adopted: December 15, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 MASTER SERVICES AND PURCHASING AGREEMENT THIS AGREEMENT is hereby made and entered into this 15th day of December , 2021, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Axon Enterprise, Inc., a Delaware corporation, (hereinafter referred to as "Axon"). Axon and the City are each a "Party" and are collectively "Parties". This Agreement governs the City's purchase and use of the Axon Devices and Services detailed in the quote attached hereto and made a part hereof as Attachment "A". It is the intent of the Parties that this Agreement act as a master agreement governing all subsequent purchases by the City for the same Axon products and services in the Quote, and all such subsequent quotes accepted by the City shall be also incorporated into this Agreement by reference as a Quote. This agreement shall also be subject to the privacy policy attach hereto and made apart hereof as Attachment B. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1 Purchase. City shall purchase, and Axon shall sell the goods and/or services described by Attachment A, attached hereto and made a part hereof. 2 Terms. This agreement shall be subject to the price, terms and conditions contained herein as provided by Attachment A; and as provided by a joint purchase agreement through Sourcewell, under contract #010720-AXN, incorporated herein by reference (hereinafter referred to as the "JPA"). 3 Conflict. In the event of any conflict between any of the terms and provisions of this agreement and either Attachment A or the JPA, or any portion thereof, the terms and provisions of this agreement shall supersede and control. In the event of a conflict between Attachment A and the JPA, Attachment A shall supersede and control. 4 Definitions. "Axon Cloud Services" means Axon's web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Evidence.com and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. "Axon Device" means all hardware provided by Axon under this Agreement. "Quote" means an offer to sell and is only valid for devices and services on the quote at the specified prices. Any terms within City's purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services. 5 Term. This Agreement shall terminate at such time as all subscriptions hereunder have terminated ("Term"). All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 plans begin after shipment of the applicable Axon Device. If Axon ships the Axon Device in the first half of the month, the start date is the 1st of the following month. If Axon ships the Axon Device in the second half of the month, the start date is the 15th of the following month. For purchases solely of Axon Evidence subscriptions, the start date is the Effective Date. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term"). Upon completion of the Subscription Term, the Subscription Term will renew for an additional 5 years ("Renewal Term") upon a written notice of renewal provided by the City within ninety (90) days of the completion of the Subscription Term. For purchase of TASER 7 as a standalone, Axon may increase DocuSign Envelope ID: BAE478F5-E15C-4255-8BB3-429144D66B87 pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first. Acceptance of a purchase order by Axon shall not be unreasonably withheld. 6 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. City will pay invoices without setoff, deduction, or withholding. City shall pay$659,980 for year one; $623,748 for year two; $623,748 for year three; $623,748 for year four and $623,748 for year five for the total sum of$3,154,972 within thirty(30) days of delivery or city's receipt of invoice per year, whichever is later. The aforementioned total sum is inclusive of all applicable taxes. 7 No Modification. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 8 Interest. Axon hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. 9 Severability. The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 10 Compliance with Law. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, Axon shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Axon certifies that it complies with all applicable local, state, and federal immigration laws and regulations. Axon will not intentionally or knowingly hire, or continue to employ, an individual who is not legally authorized to work for Axon in the U.S. Axon will verify the employment eligibility of all new hires through the E-Verify Program. Any employee whose authorization to work in the U.S. is not verified through the such program will be terminated. Axon shall also, at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. . 11 Limitation of Damages. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 12 Taxes. The City is a tax-exempt governmental body. It is the intention of the Parties that the City shall not be liable for any taxes. 13 Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are FOB destination. Title and risk of loss pass to City upon Axon's delivery to the City. City is responsible for any shipping charges in the Quote. 14 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 15 Warranty. 15.1 Hardware Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of City's receipt, except Signal Sidearm, which Axon warrants for 30 months from the date of City's receipt. Axon warrants its Axon-manufactured accessories for 90-days from the date of City's receipt. Used conducted DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term. Non-Axon manufactured Devices are not covered by Axon's warranty. City should contact the manufacturer for support of non-Axon manufactured Devices. 15.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during the warranty term, Axon's sole responsibility is to repair or replace the Device with the same or like Device, at Axon's option. A replacement Axon Device will be new or like new. Axon will warrant the replacement Axon Device for the longer of (a) the remaining warranty of the original Axon Device or(b) 90-days from the date of repair or replacement. If City exchanges a device or part, the replacement item becomes City's property, and the replaced item becomes Axon's property. Before delivering an Axon Device for service, City shall upload Axon Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon Device sent to Axon for service. 15.3 Spare Axon Devices. For qualified purchases, Axon may provide City a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while City submits the broken or non- functioning units, through Axon's warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to City in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event City does not utilize Spare Axon Devices for the intended purpose. 15.4 Limitations. Axon's warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon's written permission; or (f) Axon Devices with a defaced or removed serial number. 15.4.1 To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. 15.4.2 Axon's or City's cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to this Agreement, or to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 16 Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon's Service deliverables ("SOW"). In the event Axon provides an SOW to City, Axon is only responsible to perform Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference. 17 Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings. 18 Design Changes. Axon may make design changes to any Axon Device or Service without notifying City or making the same change to Axon Devices and Services previously purchased by City. DocuSign Envelope ID: BAE478F5-E15C-4255-8BB3-429144D66B87 19 Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of City's purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or City's election not to utilize any portion of an Axon bundle. 20 Insurance. Axon will maintain General Liability, Workers' Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 21 Indemnification. To the extent of its fault, Axon shall indemnify and hold harmless the City, its officers, employees, boards and commissions, from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any negligent acts or omissions of Axon or Axon 's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action shall be defended by legal counsel of the City's choosing. 22 IP Rights. Axon owns and reserves all right, title, and interest in Axon devices and services and suggestions to Axon, including all related intellectual property rights. City will not cause any Axon proprietary rights to be violated. 23 IP Indemnification. Axon will indemnify City Indemnitees against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon Devices or Services infringes or misappropriates the third-party's intellectual property rights. City must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon's expense and cooperate fully with Axon in the defense or settlement of such claim. Axon's IP indemnification obligations do not apply to claims based on (a) modification of Axon Devices or Services by City or a third-party not approved by Axon; (b) use of Axon Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon. 24 City Responsibilities. City is responsible for (a) City's use of Axon Devices; (b) breach of this Agreement or violation of applicable law by City or an City end user; and (c) a dispute between City and a third-party over City's use of Axon Devices. 25 Termination. 25.1 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If City terminates this Agreement due to Axon's uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 25.2 By City. If sufficient funds are not appropriated or otherwise legally available to pay the fees, City may terminate this Agreement without penalty. City will deliver notice of termination under this section as soon as reasonably practicable. The fiscal year of the City is the 12 month period ending December 31. The obligations of the City under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract.If, for any fiscal year during the term of this agreement, sufficient funds for the discharge of the City's obligations under the contract are not appropriated and authorized, then the agreement shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the City for damages, penalties or other charges on account of such termination, except as specified herein. 25.3 Effect of Termination. Upon termination of this Agreement, City rights immediately terminate. City remains liable for all fees incurred before the effective date of termination for which goods or services were actually provided. If City purchases Axon Devices for less than the manufacturer's suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice City the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non- DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 appropriation, City may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components. 26 Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party's Confidential Information. Unless required by law, neither Party will disclose the other Party's Confidential Information during the Term and for 5-years thereafter. Axon may publicly announce information related to this Agreement. The City's good faith compliance with the requirements of the Illinois Freedom of Information Act (5 ILCS 140/1, et seq) shall not constitute, and shall not be construed as a breach of this Agreement. 27 General. 27.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party's reasonable control. 27.2 Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise,joint venture, agency, fiduciary, or employment relationship between the Parties. 27.3 Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 27.4 Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 27.5 Export Compliance. Each Party will comply with all import and export control laws and regulations. 27.6 Assignment. Neither Party may assign this Agreement without the other Party's prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 27.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 27.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 27.9 Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and City Responsibilities. 27.10 Governing Law. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. Axon hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and Axon agrees that service by first class U.S. mail to Axon Enterprises, Inc., 17800 N. 85th Street, Scottsdale, AZ 85255 shall constitute effective service. Both parties hereto waive any rights to a jury. 27.11 Notices. All notices must be in English. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices provided by U.S. First DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Class Mail are effective three (3) business days from the date of mailing. Contact information for notices: Axon: Axon Enterprise, Inc. Agency: City of Elgin Attn: Legal Attn: Michael Bayard 17800 N. 85th Street Street Address 151 Douglas Avenue Scottsdale, Arizona 85255 City, State, Zip Elgin, Illinois 60120 legal(a)axon.corn Email Bayard_m@cityofelgin.org 27.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. 27.13 Execution. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement which may be signed electronically or transmitted by fax machine or e- mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon Ente----iioeuSiyoBauy, City of EI Signature: _[ 1J�S�i Signatur ;�A�'_e'o aSDAEBB131A4424... Name: Robert E Driscoll Name: Richard G. Kozal Title: VP, Assoc. General counsel Title: City Manager Date: 12/10/2021 1 3:04 PM MST Date: December 15, 2021 Attest City Clerk F:\Legal Dept\Agreement\Axon Master Services Purchase Agr-redlined 12-1-21.docx DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 1� AXON Master Services and Purchasing Agreement reement Axon Cloud Services Terms of Use Appendix 1 Definitions. "City Content" is data uploaded into, ingested by, or created in Axon Cloud Services within City's tenant, including media or multimedia uploaded into Axon Cloud Services by City. Agency Content includes Evidence but excludes Non-Content Data. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an City. Evidence is a subset of City Content. "Non-Content Data" is data, configuration, and usage information about City's Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include City Content. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 2 Access. Upon Axon granting City a subscription to Axon Cloud Services, City may access and use Axon Cloud Services to store and manage Agency Content. City may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, City may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data"). City may not upload non-TASER Data to Axon Evidence Lite. 3 City Owns City Content. City controls and owns all right, title, and interest in City Content. Except as outlined herein, Axon obtains no interest in City Content, and City Content is not Axon's business records. City is solely responsible for uploading, sharing, managing, and deleting City Content. Axon will only have access to City Content for the limited purposes set forth herein. City agrees to allow Axon access to City Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. 4 Security. Axon will implement commercially reasonable and appropriate measures to secure City Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and City Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 5 City Responsibilities. City is responsible for (a) ensuring City owns City Content; (b) ensuring no City Content or City end user's use of City Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If City becomes aware of any violation of this Agreement by an end user, City will immediately terminate that end user's access to Axon Cloud Services. City will also maintain the security of end user names and passwords and security and access by end users to City Content. City is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable City regulation and standards. City may not sell, transfer, or sublicense access to any other entity or person. City shall contact Axon immediately if an DocuSign Envelope ID: BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement unauthorized party may be using City's account or City Content, or if account information is lost or stolen. To the extent City uses the Axon Cloud Services to interact with YouTubee, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms. 6 Privacy. City agrees to allow Axon access to Non-Content Data from City to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products. 7 Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. City administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If City chooses to use this service, Axon must also enable the usage of the feature for City's Axon Cloud Services tenant. City will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for City's Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and City, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. 8 Storage. For Axon Unlimited Device Storage subscriptions, City may store unlimited data in City's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge City additional fees for exceeding purchased storage amounts. Axon may place City Content that City has not viewed or accessed for 6 months into archival storage. City Content in archival storage will not have immediate availability and may take up to 24 hours to access. 9 Location of Storage. Axon may transfer City Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of City Content. For United States agencies, Axon will ensure all City Content stored in Axon Cloud Services remains within the United States. Ownership of City Content remains with City. 10 Suspension. Axon may temporarily suspend City's or any end user's right to access or use any portion or all of Axon Cloud Services immediately upon notice, if City or end user's use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services , the systems, or content of any other customer; (c) subject Axon, Axon's affiliates, or any third-party to liability; or(d) be fraudulent. City remains responsible for all fees incurred through suspension. Axon will not delete City Content because of suspension, except as specified in this Agreement. 11 Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before City uploads data to Axon Cloud Services. 12 Axon Records. Axon Records is the software-as-a-service product that is generally available at the time City purchases an OSP 7 bundle. During City's Axon Records Subscription Term, City will be entitled to receive Axon's Update and Upgrade releases on an if-and-when available basis. The Axon Records Subscription Term will end upon the competition of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon competition of the OSP 7 Term ("Axon Records Subscription") DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXONMaster Services and Purchasing Agreement An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or(ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If City purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or(2) date Axon provisions Axon Records to City. 13 Axon Cloud Services Restrictions. City and City end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; 13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; 13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 13.4 use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; 13.5 access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; 13.6 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Cloud Services; or 13.7 use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code. 14 After Termination. Axon will not delete City Content for 90-days following termination. There will be no functionality of Axon Cloud Services during these 90-days other than the ability to retrieve City Content. City will not incur additional fees if City downloads City Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide City Content after these 90-days and will thereafter, unless legally prohibited, delete all City Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all City Content from Axon Cloud Services. 15 Post-Termination Assistance. Axon will provide City 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 City Content, including requests for Axon's data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 16 U.S. Government Rights. If City is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If City is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, City will immediately discontinue use of Axon Cloud Services. 17 Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: City Owns City Content, Storage, Axon Cloud Services Warranty, and Axon Cloud DocuSign Envelope ID: BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement Services Restrictions. DocuSign Envelope ID: BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement Axon Customer Experience Improvement Program Appendix 1 Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon's development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of City Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, City will be a participant in ACEIP Tier 1. If City does not want to participate in ACEIP Tier 1, City can revoke its consent at any time. If City wants to participate in Tier 2, as detailed below, City can check the ACEIP Tier 2 box below. If City does not want to participate in ACEIP Tier 2, City should leave box unchecked. At any time, City may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers. 1.1 ACEIP Tier 1. 1.1.1. When Axon uses City Content for the ACEIP Purposes, Axon will extract from City Content and may store separately copies of certain segments or elements of the City Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify City Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Techniques)"). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the City from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon City request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, City may revoke the consent granted herein to Axon to access and use City Content for ACEIP Purposes. Within 30 days of receiving the City's request, Axon will no longer access or use City Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to City. In addition, if Axon uses City Content for the ACEIP Purposes, upon request, Axon will make available to City a list of the specific type of City Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources(including publicly available data)to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b)when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c)when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed. DocuSign Envelope ID: BAE478F5-E15C-4255-8BB3-429144D66B87 AXONMaster Services and Purchasing Agreement technique, and relevant data protection practices applicable to the City Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide City notice (by updating the list of Use Case at https://www.axon.com/aceip and providing City with a mechanism to obtain notice of that update or another commercially reasonable method to City designated contact) ("New Use Case"). 1.1.2. Expiration of ACEIP Tier 1. City consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the City's request, Axon will no longer access or use City Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to City. 1.2 ACEIP Tier 2. In addition to ACEIP Tier 1, if City wants to help further improve Axon's services, City may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2, grants Axon certain additional rights to use City Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed or de-identified data. ❑ Check this box if City wants to help further improve Axon's services by participating in ACEIP Tier 2 in addition to Tier 1. By checking this box, City hereby agrees to the Axon Customer Experience Improvement Program Tier 2 Terms of Service, available at https://www.axon.com/sales-terms-and-conditions and incorporated herein by reference. DocuSign Envelope ID: BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement Professional Services Appendix 1 Utilization of Services. City must use professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date. 2 Body-Worn Camera Full Service (BWC Full Service). BWC Full Service includes advance remote project planning and configuration support and up to 4 consecutive days of on-site service and a professional services manager to work with City to assess City's deployment and determine which on-site services are appropriate. If City requires more than 4 consecutive on-site days, City must purchase additional days. BWC Full Service options include: System set up and configuration • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on City need • Register cameras to City domain • Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access • One on-site session included Dock configuration • Work with City to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from City • On-site assistance, not to include physical mounting of docks Best practice implementation planning session • Provide considerations for the establishment of video policy and system operations best practices based on Axon's observations with other agencies • Discuss the importance of entering metadata in the field for organization purposes and other best practice for digital data management • Provide referrals of other agencies using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions Step-by-step explanation and assistance for City's configuration of security, roles & permissions, categories & retention, and otherspecific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for City's in-house instructors who can support City's Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies End user go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Postgo-live review 3 Body-Worn Camera Starter Service (BWC Starter). BWC Starter includes advance remote project planning and configuration support and one day of on-site Services and a professional services manager to work closely with City to assess City's deployment and determine which Services are appropriate. If City requires more than 1 day of on-site Services, City must purchase additional on-site Services. The BWC Starter options include: DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement System set up and configuration (Remote Support) • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on City need • Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access Dock configuration • Work with City to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using "Administrator"credentials from City • Does not include physical mounting of docks Axon instructor training (Train the Trainer) Training for City's in-house instructors who can support City's Axon camera and Axon Evidence training needs after Axon's has fulfilled its contracted on-site obligations End user go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide 4 Body-Worn Camera Virtual 1-Day Service (BWC Virtual). BWC Virtual includes all items in the BWC Starter Service Package, except one day of on-site services. 5 CEW Services Packacies. CEW Services Packages are detailed below: System set up and configuration • Configure Axon Evidence categories &custom roles based on City need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to City 4-6 weeks before rollout Best practice implementation planning session to include: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon's observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management p 9 p 9 9 • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for City's configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide training on the Axon Evidence to educate instructors who can support City's subsequent Axon Evidence training needs. • For the CEW Full Service Package: Training for up to 3 individuals at City • For the CEW Starter Package: Training for up to 1 individual at City DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 A4AXON Master Services and Purchasing Agreement reement TASER CEW inspection and device assignment Axon's on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go-live review For the CEW Full Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included. 6 Smart Weapon Transition Service. The Smart Weapon Transition Service includes: Archival of CEW Firing Logs Axon's on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that City is replacing with newer Smart Weapon models. Return of Old Weapons Axon's on-site professional service team will ship all old weapons back to Axon's headquarters. Axon will provide City with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1- Day Device Specific Instructor Course. 7 Signal Sidearm Installation Service. If City purchases Signal Sidearm Installation Service, Axon will provide one day of on-site Services and one professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased. City is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreed-upon installation date(s). Installation includes: Removal of existing connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device 8 Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 9 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge City travel time by Axon personnel to City premises as work hours. 10 Access Computer Systems to Perform Services. City authorizes Axon to access relevant City computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to City. City 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 City. 11 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional Services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by City or Axon), City must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation. Following installation, City must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to City when Axon generally DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement releases it 12 Acceptance. When Axon completes professional Services, Axon will present an acceptance form ("Acceptance Form") to City. City will sign the Acceptance Form acknowledging completion. If City reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, City must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem City to have accepted the professional Services. 13 City Network. For work performed by Axon transiting or making use of City's network, City is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of City's network from any cause. I DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement Technology Assurance Plan Appendix If Technology Assurance Plan ("TAP")or a bundle including TAP is on the Quote, this appendix applies. 1 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year Hardware Limited Warranty. 2 Officer Safety Plan. If City purchases an Officer Safety Plan ("OSP"), City will receive the deliverables detailed in the Quote. City must accept delivery of the TASER CEW and accessories as soon as available from Axon. 3 OSP 7 Term. OSP 7 begins after Axon ships the Axon Body 3 or TASER 7 hardware to City. If Axon ships in the first half of the month, OSP 7 starts the 1st of the following month. If Axon ships in the second half of the month, OSP 7 starts the 15th of the following month ("OSP 7 Term"). 4 TAP BWC Upgrade. If City has no outstanding payment obligations and purchased TAP, Axon will provide City a new Axon body-worn camera ("BWC Upgrade") as scheduled in the Quote. If City purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon's option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock. 5 TAP Dock Upgrade. If City has no outstanding payment obligations and purchased TAP, Axon will provide City a new Axon Dock as scheduled in the Quote ("Dock Upgrade"). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If City originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon's option. If City originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon's option. 6 Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from City unless the Parties agree in writing otherwise at least 90 days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days before the end of the Subscription Term without prior confirmation from City. 7 Upgrade Change. If City wants to change Axon Device models for the offered BWC or Dock Upgrade, City must pay the price difference between the MSRP for the offered BWC or Dock Upgrade and the MSRP for the model desired. If the model City desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade. 8 Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, City must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If City does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by City. 9 Termination. If City's payment for TAP, OSP, or Axon Evidence is more than 30 days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason: 9.1 TAP and OSP coverage terminate as of the date of termination and no refunds will be given. 9.2 Axon will not and has no obligation to provide the Upgrade Models. 9.3 City must make any missed payments due to the termination before City may purchase any future TAP or OSP. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement TASER 7 Appendix This TASER 7 Appendix applies to City's TASER 7, OSP 7, or OSP 7 Plus purchase from Axon. 1 Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", City must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. City may not resell cartridges received. Axon will only replace cartridges used in the line of duty. 2 Training. If the Quote includes a training voucher, City must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue City a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. City cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be City's responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training Content"), City may access Training Content.Axon will deliver all Training Content electronically. 3 Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer's warranty plus the 4-year extended term. 4 Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and City must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon. City must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice City the value of the trade-in credit. City may not destroy Trade-In Units and receive a trade-in credit. City Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days 100 to 499 officers 90 days 500+officers 1 180 days 5 TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 Start date. 6 Access Rights. Upon Axon granting City a TASER 7 Axon Evidence subscription, City may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. City may not upload any non-TASER 7 data or any other files to Axon Evidence. City may not exceed the number of end users than the Quote specifies. 7 Privacy.Axon will not disclose City Content or any information about City 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 City Content, so City may file an objection with the court or administrative body. 8 Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate City's TASER 7 plan by notifying City. Upon termination for any reason, then as of the date of termination: 8.1 TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given. DocuSign Envelope ID: BAE478F5-E15C-4255-8BB3429144D66B87 AXONMaster Services and Purchasing Agreement reement 8.2 Axon will invoice City the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice City if City returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. 8.3 City will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 a AXON Master Services and Purchasing Agreement reement Axon Auto-Tagging Appendix 1 Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with City's Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows end users to auto-populate Axon video meta-data with a case ID, category, and location-based on data maintained in City's CAD or RMS. 2 Support. For thirty days after completing Auto-Tagging Services, Axon will provide up to 5 hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, so long as long as City maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because City changes its CAD or RMS. 3 Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 4 City Responsibilities. Axon's performance of Auto-Tagging Services requires City to: 4.1 Make available relevant systems, including City's current CAD or RMS, for assessment by Axon (including remote access if possible); 4.2 Make required modifications, upgrades or alterations to City's hardware, facilities, systems and networks related to Axon's performance of Auto-Tagging Services; 4.3 Provide access to the premises where Axon is performing Auto-Tagging Services, subject to City safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services; 4.4 Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services; 4.5 Promptly install and implement any software updates provided by Axon; 4.6 Ensure that all appropriate data backups are performed; 4.7 Provide assistance, participation, and approvals in testing Auto-Tagging Services; 4.8 Provide Axon with remote access to City's Axon Evidence account when required; 4.9 Notify Axon of any network or machine maintenance that may impact the performance of the module at City; and 4.10 Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. 5 Access to Systems. City authorizes Axon to access City's relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services.Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial list to City. City 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 City. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXONMaster Services and Purchasing Agreement reement Axon Fleet Appendix 1 City Responsibilities. City must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, "Axon Fleet") as established by Axon during the qualifier call and on-site assessment at City and in any technical qualifying questions. If City's representations are inaccurate, the Quote is subject to change. 2 Cradlepoint. If City purchases Cradlepoint Enterprise Cloud Manager, the City will be permitted TO negotiate terms of the Cradlepoint's end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If City requires Cradlepoint support, City will contact Cradlepoint directly. 3 Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon. 4 Wireless Offload Server. 4.1 License Grant. Axon grants City a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription. 4.2 Restrictions. City may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within WOS. 4.3 Updates. If City purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon. City is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term. 4.4 WOS Support. Upon request by Axon, City will provide Axon with access to City's store and forward servers solely for troubleshooting and maintenance. 5 Axon Vehicle Software. 5.1 License Grant. Axon grants City a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".)"Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription. 5.2 Restrictions. City may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXONMaster Services and Purchasing Agreement reement service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within Axon Vehicle Software. 6 Axon Fleet Upgrade. If City has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide City with the same or like model of Fleet hardware("Fleet Upgrade")as schedule on the Quote. If City would like to change models for the Axon Fleet Upgrade, City must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. City is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade. Within 30 days of receiving the Axon Fleet Upgrade, City must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If City does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by City. 7 Privacy,.Axon will not disclose City Content or an information about City except as compelled b � Y Y Y p P Y a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for City Content, so City may file an objection with the court or administrative body. 8 Axon Fleet Termination. Axon may terminate City's Fleet subscription for non-payment. Upon any termination: 8.1 Axon Fleet subscription coverage terminates, and no refunds will be given. 8.2 Axon will not and has no obligation to provide the Axon Fleet Upgrade. 8.3 City will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Aa AXON Master Services and Purchasing Agreement reement Axon Respond Appendix This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus. 1 Axon Respond Subscription Term. If City purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or(2) date Axon provisions Axon Respond to City. If City purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to City, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond. 2 Scope of Axon Respond. The scope of Axon Respond is to assist City with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event City uses Axon Respond outside this scope, Axon may initiate good-faith discussions with City on upgrading City's Axon Respond to better meet City's needs. 3 Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if City utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon's choice to provide LTE service.Axon may change LTE carriers during the Term without City's consent. 4 Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. City is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to City's LTE carrier. 5 Axon Respond Service Limitations. City acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier's control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service. With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. City expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and City is not a third-party beneficiary of any agreement between Axon and the underlying carrier. 6 Termination. Upon termination of this Agreement, or if City stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Aware services, including any Axon-provided LTE service. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement Add-on Services Appendix This Appendix applies to Axon Citizen for Communities, Axon Redaction Assistant, and Axon Performance. 1 Subscription Term. If City purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to City. If City purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to City, or (2) first day of the month following the Effective Date. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add-on. 2 Axon Citizen Storage. For Axon Citizen, City may store an unlimited amount of data submitted through the public portal ("Portal Content"), within City's Axon Evidence instance. The post- termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content. 3 Performance Auto-Tagging Data. In order to provide some features of Axon Performance to City, Axon will need to store call for service data from City's CAD or RMS. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 � AXON n Purchasing Agreement Master Services and Axon Auto-Transcribe Appendix This Appendix applies to Axon Auto-Transcribe. 1) Subscription Term. If City purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Cloud Services license term, or(2) date Axon provisions Axon Auto-Transcribe to City. If City purchases Axon Auto-Transcribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto-Transcribe to City. Axon Auto-Transcribe minutes expire one year after being provisioned to City by Axon. If City cancels Auto-Transcribe services, any amounts owed by the Parties will be based on the amount of time passed under the annual subscription, rather than on the number of minutes used, regardless of usage. 2) Auto-Transcribe A-La-Carte Minutes. Upon Axon granting City a set number of minutes, City may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. City will not have the ability to roll over unused minutes to future Auto-Transcribe terms. Axon may charge City additional fees for exceeding the number of purchased minutes. 3) Axon Auto-Transcribe On-Demand. Upon Axon granting City an On-Demand subscription to Axon Auto-Transcribe, City may utilize Axon Auto-Transcribe with no limit on the number of minutes. The scope of Axon Auto-Transcribe On-Demand is to assist City with reviewing and transcribing individual evidence items. In the event City uses Axon Auto-Transcribe On-Demand outside this scope, Axon may initiate good-faith discussions with City on upgrading City's Axon Auto-Transcribe On-Demand to better meet City's needs. 4) Warranty.Axon does not warrant the accuracy of Axon Auto-Transcribe. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement Axon Channel Services Appendix 1 Definitions. "Axon Digital Evidence Management System" means Axon Evidence or Axon Commander, as specified in the attached Channel Services Statement of Work. "Active Channel" means a third-party system that is continuously communicating with an Axon Digital Evidence Management System. "Inactive Channel" means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System. 2 Scope. City currently has a third-party system or data repository from which City desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of City's third-party data into an Axon Digital Evidence Management System or the transfer of City data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work ("Channel Services SOW"). Channel Services will not delete any City Content. City is responsible for verifying all necessary data is migrated correctly and retained per City policy. 3 Purpose and Use. City is responsible for verifying City has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, City is responsible for any changes to a third- party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to City's network and systems to perform the Services described in the Channel Services SOW. City is responsible for facilitating this access per all laws and policies applicable to City. 4 Proiect Management. Axon will assign a Project Manager to work closely with City's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 5 Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner. 6 Monitoring. Axon may monitor City's use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. City agrees not to interfere with such monitoring or obscure from Axon City's use of channel services. 7 City's Responsibilities.Axon's successful performance of the Channel Services requires City: 7.1 Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access); 7.2 Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the City (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit City premises with laptop personal computers and any other materials needed to perform the Channel Services); 7.3 Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration)for Axon to provide the Channel Services; 7.4 Ensure all appropriate data backups are performed; 7.5 Provide Axon with remote access to the City's network and third-party systems when required for Axon to perform the Channel Services; 7.6 Notify Axon of any network or machine maintenance that may impact the performance of DocuSign Envelope ID:BAE478F5-E 1 5C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement the Channel Services; and 7.7 Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide timely, accurate, complete, and up-to- date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services). DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXONMaster Services and Purchasing Agreement reement ATTACHMENT A: [See attached Axon Quote] DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement ATTACHMENT B: AXON CLOUD SERVICES PRIVACY POLICY Last Updated: August 9th, 2021 This Axon Cloud Services Privacy Policy("Policy') applies only to the information that Axon Enterprise, Inc. ("Axon') collects and you or your employer(collectively, "Customer')provide to Axon in connection with Customer's use of Axon Cloud Services(as defined below). Axon's marketing sites and other public websites are governed by the Axon Privacy Policy. Usage of Axon Citizen is governed by the Axon Citizen Privacy Policy. Unless otherwise provided in this Policy, this Policy is subject to the terms of the Master Services Purchasing Agreement, or other similar agreement, if any, between Axon and Customer("Agreement"). To the extent this Policy contains terms and conditions that differ from those contained in the Agreement, the Agreement shall control. A concept or principle covered in this Policy shall apply and be incorporated into all other provisions of the Agreement in which the concept or principle is also applicable, notwithstanding the absence of any specific cross-reference thereto. All capitalized and defined terms referenced, but not defined, in this Policy shall have the meanings assigned to them in the Agreement. Axon complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework ("Privacy Shield") as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and Switzerland to the United States in reliance on Privacy Shield. Axon has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information. If any conflict exists between the terms of this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. By using Axon Cloud Services, Customer acknowledges that Customer has read and understand this Policy and Customer agrees to be bound by its terms and conditions.Axon may occasionally update this Policy. When Axon posts changes, Axon will revise the "last updated" date at the top of this page. Customer's continued use of Axon Cloud Services will signify Customer's agreement and acceptance to any such changes. Definitions • "Axon Cloud Services" means Axon's web services hosted on evidence.com including Axon Evidence, Axon Records, and Axon Dispatch, and other related offerings, including, without limitation, interactions between Axon Cloud Services and Axon Products (as defined below). • "Axon Products" means: (1)Axon Cloud Services; (2) devices sold by Axon (including, without limitation, conducted energy weapons, cameras, sensors, and docking systems) (collectively, "Axon Devices"); (3) other software offered by Axon (including, without limitation, Axon Capture, Axon Evidence SYNC, Axon Device Manager, Axon View, Axon Interview, Axon Commander, Axon Uploader XT, and Axon View XL) (collectively, "Axon Client Applications"); and (4) ancillary hardware, equipment, software, services, cloud-based services, documentation, and software maintenance releases and updates.Axon Products do not include any third-party applications, hardware, warranties, or the'my.evidence.com'services. • "Customer Data" means: (1) "Customer Content", which means data uploaded into, ingested by, or created in Axon Cloud DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXONMaster Services and Purchasing Agreement reement Services within Customer's tenant, including, without limitation, media or multimedia uploaded into Axon Cloud Services by Customer("Evidence"); and (2) "Non-Content Data", which means: (a) "Customer Entity and User Data", which means Personal Data and non-Personal Data regarding Customer's Axon Cloud Services tenant configuration and users; (b) "Customer Entity and User Service Interaction" Data which means data regarding Customer's interactions with Axon Cloud Services and Axon Client Applications; (c)"Service Operations and Security Data", which means data within service logs, metrics and events and vulnerability data, including, without limitation: (i) application, host, and infrastructure logs; (ii)Axon Device and Axon Client Application logs; (iii) service metrics and events logs; and (iv)web transaction logs; (d) "Account Data", which means information provided to Axon during sign-up, purchase, or administration of Axon Cloud Services, including, without limitation, the name, address, phone number, and email address Customer provides, as well as aggregated usage information related to Customer's account and administrative data associated with the account; and (e) "Support Data", which means the information Axon collects when Customer contacts or engages Axon for support, including, without limitation, information about hardware, software, and other details gathered related to the support incident, such as contact or authentication information, chat session personalization, information about the condition of the machine and the application when P pP the fault occurred and during diagnostics, system and registry data about software installations and hardware configurations, and error-tracking files. For purposes of clarity, Customer Content does not include Non-Content Data, and Non-Content Data does not include Customer Content. • "Data Controller" means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data (as defined below). • "Data Processor" means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Controller. • "Data Exporter" means the Data Controller who transfers the Personal Data. • "Data Importer" means the Data Processor who agrees to receive from the Data Exporter Personal Data intended for processing on Data Exporter's behalf after the transfer in accordance with the Agreement and who is not subject to a third country's system ensuring adequate protection with in the meaning of the General Data Protection Regulation (EU) 2016/679 of the European Parliament ("GDPR") • "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. • "Processing" means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. • "Sub-processor" means any processor engaged by the Data Importer or by any other sub- processor of the Data Importer who agrees to receive from the Data Importer or from any other sub-processor of the Data Importer Personal Data exclusively intended for processing activities to be carried out on behalf of the Data Exporter after the transfer in accordance with its instructions, the terms of the Clauses and the terms of the written subcontract. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXONMaster Services and Purchasing Agreement reement Axon's Role Axon is a Data Processor of Customer Content. Customer controls and owns all right, title, and interest in and to Customer Content and Axon obtains no rights to the Customer Content. Customer is solely responsible for the uploading, sharing, withdrawal, management and deletion of Customer Content. Customer grants Axon limited access to Customer Content solely to provide and support Axon Cloud Services to and for Customer and Customer's end-users. Customer represents and warrants to Axon that: (1) Customer owns Customer Content; (2) and Customer Content, and Customer's end-users' use of Customer Content and Axon Cloud Services, does not violate this Policy or applicable data protection laws and regulations. Axon may also collect, control, and process Non-Content Data. Axon is a Data Controller for Non-Content Data. Axon collects, controls, and processes Non-Content Data to provide Axon Cloud Services and to support the overall delivery of Axon Products including business, operational, and security purposes. With Non-Content Data, Axon may analyze and report anonymized and aggregated data to communicate with external and internal stakeholders. In regard to Customer Entity& User Data, Axon is a Data Controller and Customer is an independent Data Controller, not a joint Data Controller with Customer. Data Collection and Processing Activities CUSTOMER CONTENT Axon will only use Customer Content to provide Customer Axon Cloud Services. Axon will not use Customer Content for any advertising or similar commercial purposes. Axon periodically upgrades or changes Axon Cloud Services to provide customers with new features and enhancements in alignment with the Axon Evidence Maintenance Schedule. Axon communicates such upgrades or changes to customers one week prior to release via mechanisms outlined in the Maintenance Schedule. Changes to Axon Cloud Services may increase the capabilities of the service and ways in which Customer Content can be processed. NON-CONTENT DATA Non-Content Data includes data, configuration, and usage information about customer's Axon Cloud Services tenant, Axon Devices, Axon Client Applications, and users that is transmitted or generated when using Axon Products. Non-Content Data includes the following: Customer Entity And User Data Customer Entity and User Data includes personal and non-personal data regarding Customer's Axon Cloud Services tenant configuration and users. Axon uses Customer Entity and User Data to: (1) provide Axon Cloud Services, including, without limitation, user authentication and authorization functionality; (2) improve the quality of Axon Products or provide enhanced functionality and features; (3) contact Customer to provide information about its account, tenant, subscriptions, billing, and updates to Axon Cloud Services, including, without limitation, information about new features, security and other technical issues; and (4) market our products or services to Customer via email, by sending promotional communication including targeted advertisements, or presenting a Customer with relevant offers. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 A4AXON Master Services and Purchasing Agreement reement Customer cannot unsubscribe from non-promotional communications but may unsubscribe from promotional communications at any time. Customer Entity and User Service Interaction Data Customer Entity and User Service Interaction Data includes data regarding Customers' interactions with Axon Cloud Services and Axon Client Applications. Axon uses Customer Entity and User Service Interaction Data to improve the quality of Axon Products and provide enhanced functionality and features. Service Operations and Security Data Axon uses Service Operations and Security Data to provide service operations and monitoring. Account Data Axon uses Account Data to provide Axon Cloud Services, manage Customer's accounts, market to, and communicate with Customer. Customer may unsubscribe from promotional communications at any time. Support Data Axon uses Support Data to resolve Customer's support incident, and to operate, improve, and personalize Axon Products. If Customer shares Customer Content to Axon in a support scenario, the Customer Content will be treated as Support Data but will only be used for resolving support incidents. Axon may provide support through phone, email, or online chat. With Customer's permission, Axon may use Guest Access ("GA") to temporarily navigate Customer's Axon Cloud Service's tenant to view data in order to resolve a support incident. Phone conversations, online chat sessions, or GA sessions with Axon support professionals may be recorded and/or monitored. Server and Data Location CUSTOMER CONTENT Axon offers Axon Cloud Services in numerous geographic regions. Before creating an account in Axon Cloud Services, Customer determines where Axon will store Customer Content by designating an economic area. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement REGION 3RD PARTY CODE ECONOMIC AREA INFRASTRUCTURE DATA CENTER LOCATION(S) SUB-PROCESSORS AU Southeast Asia Microsoft Azure Canberra, ACT LA South America Microsoft Azure Sao Paulo, Brazil&Texas, United States CA Canada Microsoft Azure Toronto, ON& Quebec City, QC EU Euro can Union Amazon Web Services Ireland I� 'S+arorrp Q?2021,-cus+omers..+p not be added to this regron EUR European Union Microsoft Azure Netherlands, Ireland UK United Kingdom Microsoft Azure and London, England&Cardiff, Amazon Web Services Wales US United States Microsoft Azure and Texas&Virginia, United States Amazon Web Services US United States Microsoft Azure Texas&Virginia, United States (Federal Region) ENT Global Microsoft Azure Washington &Wyoming, United States Axon ensures that all Customer Content in Axon Cloud Services remains within the selected economic area, including, without limitation, all backup data, replication sites, and disaster recovery sites. Customer selected economic areas can be determined through review of Customer's Axon Cloud Services URL. Customer URLs conform to the <youragency>.<regioncode>.evidence.com scheme with the exception of US customers where the scheme may exclude the region code and is <youragency>.evidence.com. US Federal customers conform to the scheme <youragency>.us.evidence.com NON-CONTENT DATA Customer Entity and User Data Customer Entity and User Data is located in Customer's selected economic area for Customer Content. Customer Entity and User Data may be copied or transferred to the United States. Customer Entity and User Service Interaction Data Customer Entity and User Service Interaction Data is located in Customer's selected economic area for Customer Content and the United States. Service Operations and Security Data Service Operations and Security Data is located in Customer's selected economic area for Customer Content and the United States. Account Data and Support Data Account and Support data is located is in the United States and may be located in Customer's selected economic area for Customer Content. DocuSign Envelope ID: BAE478F5-E15C-4255-8BB3-429144D66B87 AXONMaster Services and Purchasing Agreement reement Information Sharing Axon may transfer data with its direct and indirect subsidiaries and Sub-processors, including, without limitation, service providers and other partners to support the overall delivery of Axon Products as described in "Data Collection and Processing Activities" section of this Policy. Axon exercises commercially reasonable efforts in connection with contractual obligations to ensure its Sub-processors are compliant with all applicable data protection laws and regulations surrounding the Sub-processors access and scope of work in connection with Customer Content. Customer consents to the transfer of Customer Content to Axon's Sub-processors for the purpose of storing Customer Content. Such Sub-processors responsible for storing Customer Content are contracted by Axon for data storage services. Ownership of Customer Content remains with Customer. Axon may hire Sub-processors to provide or enhance Axon Products on its behalf. Axon will only permit any such Sub-processors to obtain Customer Content from Axon Cloud Services to deliver services to Axon and will be prohibited from using Customer Content for any other purpose. Axon may engage new Sub-processors. Axon will give Customer notice (by updating the website) of any new Sub-processor. Prior to onboarding Sub-processors,Axon conducts an audit of the security and privacy practices of Sub- processors to ensure Sub-processors provide a level of security and privacy appropriate to its access to data and scope of services. Under Privacy Shield's"Onward Transfer Principle", Axon remains responsible for personal data that may be shared with Axon's Sub-processors. Customer can transfer data from Axon Cloud Services to third parties. Customer must ensure data sharing agreements are in place with third parties to protect data throughout its lifecycle. Axon Sub-Processors Understand the server locations, data processed, and functions performed. Axon maintains an up-to-date list of the names and locations of all Sub-processors. This list is below. If you are a current Axon Cloud Services customer with a data processing agreement in place with Axon, you may subscribe to receive notifications of a new Sub-processor(s) before Axon authorizes any new Sub-processor to process personal data in connection with the provision of your service. You can subscribe to receive email notifications for changes to Axon Cloud Services Sub-processor(s) by submitting a request here. For a complete list of Axon Sub-Processors, click here. TELECOMMUNICATION SUB-PROCESSORS Axon Body 3 includes embedded cellular technologies used to connect to telecommunication networks in order to provide connectivity between Axon Body 3 and Axon Cloud Services. Cellular technologies enable Axon Aware services. Customer's Axon Body 3 cameras will send data to the respective Axon Cloud Services region selected telecommunications providers as needed to enable cellular connectivity. Data includes Personal Data, such as location data. For Axon Body 3, Axon manages all cellular DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement registration and account management associated to the cellular subscription. Personal Data of Customers is not collected by Axon or telecommunications providers for the purposes of cellular account management. Outlined below is the telecommunication sub-processors. In regions where there are more than one telecommunication sub-processor, Axon will manage customers'Axon Body 3 cellular registration. REGION ECONOMIC TELECOMMUNICATION CODE AREA SUB-PROCESSORS AU Southeast Asia Telstra LA South America TBD/TBA CA Canada Telus EU/EUR European Union T Systems UK United Kingdom BTEE Us United States Verizon and AT&T(FirstNet) dUS United States Verizon and AT&T(FirstNet) (Federal Region) ENT Global Verizon and AT&T(FirstNet) Customer URLs conform to the <youragency>.<regioncode>.evidence.com scheme with the exception of US customers where the scheme may exclude the region code and is <youragency>.evidence.com. US Federal customers conform to the scheme <youragency>.us.evidence.com Required Disclosures Axon will not disclose Customer Content except as compelled by a court or administrative body or required by any law or regulation. Axon will notify Customer if any disclosure request is received for Customer Content so Customer may file an objection with the court or administrative body. Customer's Access and Choice Customer Content Customer can access Customer's tenant to manage Customer Content. Non-Content Data Within the scope of Axon's authorization to do so, and in accordance with Axon's commitment under the Privacy Shield, Axon will work with Customers to provide access to Personal Data about Customer that DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement Axon or Sub-processors holds. Axon will also take reasonable steps to enable Customers to correct, amend, or delete Personal Data that is demonstrated to be inaccurate. If at any time after registering an account on Axon Cloud Services you desire to update Personal Data you have shared with us, change your mind about sharing Personal Data with us, desire to cancel your Customer account, or request that Axon no longer use provided Personal Data to provide you services, please contact us at privacy@axon.com. We will retain and use Personal Data for as long as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements. Certain data processing is determined by Customer based on Axon Product usage, Customer network or device configuration, and administrative settings made available with Axon Cloud Services or Axon Client Applications: Axon Body 3 WiFi Positioning Axon Body 3 cameras offer customers a feature to enhance location services where GPS/GNSS signals may not be available, for instance within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. When WiFi Positioning is enabled, Non-Content and Personal Data including location, device and network information data will be sent to Skyhook Holdings, Inc(Skyhook) to facilitate the WiFi Positioning functionality. Skyhook will act as both a data sub-processor(as reflected in this policy) and as a data controller. Skyhook becomes a data sub-processor for Axon when Skyhook processes data from Axon Body 3 devices to determine a location. Skyhook acts a data controller when it collects data sent from Axon Body 3 cameras to maintain their services and to develop new products, services or datasets. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. Client Push Notifications Axon Products leverage push notification services made available by mobile operating system providers (i.e. Google's Cloud Messaging and Apple's Push Notification Service to deliver functional notifications to client applications. Push notification services can be managed by leveraging notification settings made available in both mobile applications and the mobile operating system. User Analytics Customers can opt-out of user analytics tracking on Axon Cloud Services by disabling cookies or preventing Customer's browser or device from accepting new cookies. To prevent data from being collected by Mixpanel, network or device access to".mixpanel.com should be blocked Service Support Mobile client application crash analytics are used provide Axon personnel insight to crashes when using Axon client applications. To opt out of crash reporting, network or device access to ".crashlytics.com should be blocked. Geolocation Services Geolocation services are critical to proper user functionality of many of Axon products. However, customers can chose to opt out of mapping and geolocation functionality by blocking network or device access to '.mapbox.com and ".arcgisonline.com DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXONMaster Services and Purchasing Agreement reement Data Security Measures Axon is committed to help protect the security of Customer Data. Axon has established and implemented policies, programs, and procedures that are commercially reasonable and in compliance with applicable industry practices, including administrative, technical and physical safeguards to protect the confidentiality, integrity and security of Customer Content and Non-Content Data against unauthorized access, use, modification, disclosure or other misuse. Axon will take appropriate steps to ensure compliance with the data security measures by its employees, contractors and Sub-processors, to the extent applicable to the respective scope of performance. CONFIDENTIALITY Customer Content and Non-Content Data is encrypted in transit over public networks. Customer Content is encrypted at rest in all Axon Cloud Service regions. Axon protects all Customer Content and Non-Content Data with strong logical access control mechanisms to ensure only users with appropriate business needs have access to data. Third-party specialized security firms periodically validate access control mechanisms. Access control lists are reviewed periodically by Axon. INTEGRITY As Evidence is ingested into Axon Cloud Services, a Secure Hash Algorithm ("SHA") checksum is generated on the upload device and again upon ingestion into Axon Cloud Services. If the SHA checksum does not match, the upload will be reinitiated. Once upload of Evidence is successful, the SHA checksum is retained by Axon Cloud Services and is made viewable by users with access to the Evidence audit trail for the specific piece of Evidence. Tamper-proof audit trails are created automatically by Axon Cloud Services upon ingestion of any Evidence. AVAILABILITY Axon takes a comprehensive approach to ensure the availability of Axon Cloud Services. Axon replicates Customer Content over multiple systems to help to protect against accidental destruction or loss. Axon Cloud Services systems are designed to minimize single points of failure. Axon has designed and regularly plans and tests its business continuity planning and disaster recovery programs. ISOLATION Axon logically isolates Customer Content. Customer Content for an authenticated customer will not be displayed to another customer(unless Customers explicitly create a sharing relationship between their tenants or shared data between themselves). Centralized authentication systems are used across an Axon Cloud Service region to increase uniform data security. Additional role-based access control is leveraged within Customer's Axon Cloud Service tenant to define what users can interact with or access Customer Content. Customer solely manages the role based access control mechanisms within its Axon Cloud Services tenant. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXONMaster Services and Purchasing Agreement reement Within the Axon Cloud Services supporting infrastructure, access is granted based on the principle of least privilege. All access must be approved by system owners and undergo at least quarterly user access reviews. Any shared computing or networking resource will undergo extensive hardening and is validated periodically to ensure appropriate isolation of Customer Content. Non-Content Data is logically isolated within information systems such that only appropriate Axon personnel have access. PERSONNEL Axon personnel are required to conduct themselves in a manner consistent with applicable law, the company's guidelines regarding confidentiality, business ethics, acceptable usage, and professional standards. Axon personnel must complete security training upon hire in addition to annual and role- specific security training. Axon personnel undergo an extensive background check process to the extent legally permissible and in accordance with applicable local labor laws and statutory regulations. Axon personnel supporting Axon Cloud Services are subject to additional role-specific security clearances or adjudication processes, including Criminal Justice Information Services background screening and national security clearances and vetting. Data Breach NOTIFICATION If Axon becomes aware that Customer Data has been accessed, disclosed, altered, or destroyed by an unlawful or unauthorized party, Axon will notify relevant authorities and affected customers. Within 48 hours of an incident confirmation, Axon will notify Customer administrators registered on Axon Cloud Services.Authorities will be notified through Axon's established channels and timelines. The notification will reasonably explain known facts, actions that have been taken, and make commitments regarding subsequent updates. Additional details are available in the Axon Cloud Services Security Incident Handling and Response Statement. Data Portability, Migration, and Transfer Back Assistance DATA PORTABILITY Evidence uploaded to Axon Cloud Services is retained in original format. Evidence may be retrieved and downloaded by Customer from Axon Cloud Services to move data to an alternative information system. Evidence audit trails and system reports may also be downloaded in various industry-standard, non- proprietary formats. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXONMaster Services and Purchasing Agreement reement DATA MIGRATION In the event Customer's access to Axon Cloud Services is terminated, Axon will not delete any Customer Content during the 90 days following termination. During this 90-day period, Customer may retrieve Customer Content only if Customer has paid all amounts due (there will be no application functionality of the Axon Cloud Services during this 90-day period other than the ability for Customer to retrieve Customer Content). Customer will not incur any additional fees if Customer downloads Customer Content from Axon Cloud Services during this 90-day period. Axon has no obligation to maintain or provide any Customer Content after the 90-day period and thereafter, unless legally prohibited, may delete Customer Content upon termination as part of normal retention and data management instructions from customers. Upon written request, Axon will provide written proof that all Customer Content has been successfully deleted and removed from Axon Cloud Services. POST-TERMINATION ASSISTANCE Axon will provide Customer with the same post-termination data retrieval assistance that is generally made available to all customers. Requests for additional assistance to Customer in downloading or transferring Content will result in additional fees and Axon cannot warrant or guarantee data integrity or readability in the external systems. Data Retention, Restitution, and Deletion Axon maintains internal disaster recovery and data retention policies in accordance with applicable laws and regulations. The disaster recovery plan relates to Axon's data and extends to Axon Cloud Services and Customer Content stored within. Axon's data retention policies relate to Axon's Non-Content data. Axon's data retention policies instruct for the secure disposal of Non-Content Data when such data is no longer necessary for the delivery and support of Axon product and services and in accordance with applicable regulations. As outlined below, Customer is responsible for adhering to its own retention policies and procedures. Evidence Retention Customer defines Evidence retention periods pursuant to Customer's internal retention policies and procedures. Customer can establish its retention policies within Axon Cloud Services. Therefore, customer controls the retention and deletion of its Evidence within Axon Cloud Services. Axon Cloud Services can automate weekly messages summarizing upcoming agency-wide deletions to all customer Axon Cloud Services administrators. Customer users can receive a weekly message regarding Evidence uploaded within their user account to protect against accidental deletions. Customer can recover Evidence up to 7 days after Customer queues such Evidence for deletion.After this 7-day grace period, Axon Cloud Services initiates deletion of Evidence. Data deletion processing may occur asynchronously across storage systems and data centers. During and after data deletion processing, Evidence will not be recovered or recoverable by any party. Accountability As outlined herein, Axon is committed to maintaining compliance with relevant security and privacy standards to ensure the continued security, availability, integrity, confidentiality, and privacy of Axon Cloud Services and Customer Data stored within. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXONMaster Services and Purchasing Agreement reement In addition to the security efforts outlined herein, Axon will maintain its ISO/IEC 27001:2013 certification or comparable assurances for Axon Cloud Services. Customers may review the certificate. Social Media Publishing Axon provides social media features that enable Customer's and their end users ("Users")to share Customer Content directly from the Evidence Detail page in Axon Evidence to social media websites ("Publish to Social Media Feature"). For example: when a User uploads a video directly to YouTube from Axon Evidence. This may include Customer Content such as video, audio, images or other types of media or multimedia; and the title, description and tags associated with those media. Customer Axon Evidence administrators can manage the enablement of this feature, for all Users, within the administrative functions of Axon Evidence. The use of this feature by Users may result in the collection or sharing of information about them, depending on the feature. The privacy and security practices of the social media website is not covered by this Policy, and Axon is not responsible for, or makes attestations regarding, their privacy or security practices. When Users enable the Publish to Social Media Feature, and/or publish content to a social media website using this feature, they acknowledge and agree to be bound by the terms of service and privacy policy(s), if applicable, of the social media website in which the Customer Content is published to. Axon encourages Users to review the terms of service and privacy policy(s) of the social media website, to make sure they understand the data that may be collected, used, and shared by the website. • Google LLC, (YouTube API Services): Axon uses YouTube's API services in connection with our Publish to Social Media Feature. When Users link, connect, or login ("Connect")their Google account(s)with Axon Evidence, they are agreeing to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms). In addition, they are directing Google to send Axon data as controlled by Google or as authorized by the User via their privacy settings at Google. Through YouTube's API services, Axon only accesses, collects, and stores a token which Axon uses to Connect the associated Google account(s)with Axon Evidence. The token is only used to enable a user to upload a video to YouTube and is not shared with external parties. Axon does not obtain or store the associated Google account(s) login credentials, through YouTube's API services. Google has settings that list which apps can connect to a Google account(s). When Users Connect an associated Google account(s) to Axon Evidence, Axon Evidence gets authorized in these settings as a connected site or app. If Users remove Axon Evidence from these settings, its access to the account is revoked. Users may revoke this access at any time by following the instructions here: https://help.axon.com/hc/en-us/articles/360052689392-Removing-Axon- Evidence-Access-to-Your-YouTube-Account. Revoking Axon Evidence access will prevent Users from publishing videos to YouTube from Axon Evidence. Axon encourages Users to review YouTube's Terms of Service (https://www.youtube.com/t/terms) and Google's Privacy Policy (http://www.google.com/policies/privacy)to make sure they understand the data that may be collected, used, and shared by Google. Insurance Axon will maintain, during the term of the Agreement, a cyber-insurance policy and will furnish certificates of insurance following Customer's written request. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 AXON Master Services and Purchasing Agreement reement How to Contact Us Axon commits to resolve complaints about Customer privacy and use of Axon Products. Complaints surrounding this Policy can be directed to Customer's local Axon representative or privacyCcD axon.com. If Customer has any questions or concerns regarding privacy and security of Customer Content or Axon's handling of Customer's Personal Data under Privacy Shield, please contact privacyCa-)axon.com. If Customer is an EU citizen and we are unable to satisfactorily resolve any complaint relating to the Privacy Shield, or if Axon fails to acknowledge Customer's complaint in a timely fashion, Customer can contact the relevant EU Data Protection Authorities (DPAs) or the Swiss Federal Data Protection and Information Commissioner(FDPIC). In certain circumstances, the Privacy Shield provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles in each of the Privacy Shield Frameworks. Axon is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 ' AXON Elgin Police Dept. - IL AXON SALES REPRESENTATIVE Danny Thielen (480) 434-8810 dthielen@axon.com ISSUED 6/27/2021 Q-298956-44374.668 DT 1 DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Q-298956-44374.668DT Issued:06/27/2021 Axon Enterprise, Inc. y Quote Expiration: 12/17/2021 17800 N 85th St. Account Number:200571 Scottsdale,Arizona 85255 Payment Terms:Net 30 United States Delivery Method: Fedex-Ground Phone:(800)978-2737 SALES REPRESENTATIVE Danny Thielen SHIP TO BILL TO Phone:(480)434-8810 Michael Bayard Elgin Police Dept. - IL Email:dthielen@axon.com Elgin Police Dept. - IL 151 DOUGLAS AVE Fax: 151 DOUGLAS AVE ELGIN, IL 60120 PRIMARY CONTACT ELGIN, IL 60120 US Michael Bayard US Phone:(847)354-3127 Email:bayard_m@cityofelgin.org Year 1 -TAP Refresh#00009742 Item Description Term Quantity List Unit (Months) Price Net Unit Price Total(USD) Hardware 11528 FLEX 2 CAMERA, (ONLINE) 35 470.00 0.00 0.00 11537 DOCK, FLEX 2,6-BAY+CORE 5 1,563.00 0.00 0.00 11532 FLEX 2 CONTROLLER 35 262.00 0.00 0.00 11509 BELT CLIP, RAPIDLOCK 35 0.00 0.00 0.00 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 35 0.00 0.00 0.00 11545 COLLAR MOUNT, FLEX 2 40 0.00 0.00 0.00 87058 TECH ASSURANCE PLAN 6-BAY FLEX 2 60 5 0.00 0.00 0.00 DOCK WARRANTY 87066 TECH ASSURANCE PLAN FLEX 2 CAMERA 60 35 0.00 0.00 0.00 WARRANTY 87067 TECH ASSURANCE PLAN FLEX 2 60 35 0.00 0.00 0.00 CONTROLLER WARRANTY 73202 AXON BODY 3-NA10 4 699.00 0.00 0.00 74028 WING CLIP MOUNT, AXON RAPIDLOCK 4 0.00 0.00 0.00 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 4 0.00 0.00 0.00 73202 AXON BODY 3-NA10 180 0.00 0.00 0.00 74210 AXON BODY 3-8 BAY DOCK 23 0.00 0.00 0.00 74028 WING CLIP MOUNT, AXON RAPIDLOCK 198 0.00 0.00 0.00 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 180 0.00 0.00 0.00 73202 AXON BODY 3-NA10 20 0.00 0.00 0.00 74210 AXON BODY 3-8 BAY DOCK 3 0.00 0.00 0.00 74028 WING CLIP MOUNT, AXON RAPIDLOCK 22 0.00 0.00 0.00 Q-298956-44374.668 D T Protect Life. 2 DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Year 1 -TAP Refresh#00009742(Continued) Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Hardware(Continued) 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 20 0.00 0.00 0.00 Other 73827 AB3 CAMERA TAP WARRANTY 60 4 0.00 0.00 0.00 73827 AB3 CAMERA TAP WARRANTY 60 180 0.00 0.00 0.00 73828 AB3 8 BAY DOCK TAP WARRANTY 60 23 0.00 0.00 0.00 71019 NORTH AMER POWER CORD FOR A133 8- 23 0.00 0.00 0.00 BAY,AB2 1-BAY/6-BAY DOCK 71019 NORTH AMER POWER CORD FOR AB3 8- 3 0.00 0.00 0.00 BAY,AB2 1-BAY/6-BAY DOCK Subtotal 0.00 Estimated 0.00 Shipping Estimated Tax 0.00 Total 0.00 Year 1 -OSP 7+ Users Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Axon Plans&Packages 73683 10 GB EVIDENCE.COM A-LA-CART 60 75 0.00 0.00 0.00 STORAGE 73746 PROFESSIONAL EVIDENCE.COM LICENSE 60 25 0.00 0.00 0.00 73683 10 GB EVIDENCE.COM A-LA-CART 60 15 0.00 0.00 0.00 STORAGE 73840 EVIDENCE.COM BASIC ACCESS LICENSE 60 15 0.00 0.00 0.00 20248 TASER 7 EVIDENCE.COM ACCESS LICENSE 60 2 0.00 0.00 0.00 73746 PROFESSIONAL EVIDENCE.COM LICENSE 60 180 0.00 0.00 0.00 73686 EVIDENCE.COM UNLIMITED AXON DEVICE 60 180 0.00 0.00 0.00 STORAGE 73683 10 GB EVIDENCE.COM A-LA-CART 60 5,400 0.00 0.00 0.00 STORAGE 73680 RESPOND DEVICE PLUS LICENSE 60 180 0.00 0.00 0.00 73681 AXON RECORDS FULL 60 180 0.00 0.00 0.00 73739 PERFORMANCE LICENSE 60 180 0.00 0.00 0.00 20248 TASER 7 EVIDENCE.COM ACCESS LICENSE 60 180 0.00 0.00 0.00 Q-298956-44374.668 D T 3 Protect Life. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Year 1 -OSP 7+ Users(Continued) Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Axon Plans&Packages(Continued) 20246 TASER 7 DUTY CARTRIDGE REPLACEMENT 60 180 0.00 0.00 0.00 ACCESS LICENSE 73618 CITIZEN FOR COMMUNITIES USER ACCESS 60 180 0.00 0.00 0.00 LICENSE 73478 REDACTION ASSISTANT USER ACCESS 60 180 0.00 0.00 0.00 LICENSE 11642 THIRD-PARTY VIDEO SUPPORT LICENSE 60 180 0.00 0.00 0.00 73687 EVIDENCE.COM VIEWER LICENSE 60 3 0.00 0.00 0.00 73682 AUTO TAGGING LICENSE 12 180 0.00 0.00 0.00 85760 AUTO-TRANSCRIBE UNLIMITED ACCESS 12 200 0.00 0.00 0.00 SERVICE(LE ONLY) 85761 AUTO-TRANSCRIBE UNLIMITED PAYMENT 12 200 240.00 240.00 48,000.00 (LE ONLY) 73746 PROFESSIONAL EVIDENCE.COM LICENSE 60 20 0.00 0.00 0.00 73686 EVIDENCE.COM UNLIMITED AXON DEVICE 60 20 0.00 0.00 0.00 STORAGE 73683 10 GB EVIDENCE.COM A-LA-CART 60 600 0.00 0.00 0.00 STORAGE 73680 RESPOND DEVICE PLUS LICENSE 60 20 0.00 0.00 0.00 73681 AXON RECORDS FULL 60 20 0.00 0.00 0.00 73739 PERFORMANCE LICENSE 60 20 0.00 0.00 0.00 73618 CITIZEN FOR COMMUNITIES USER ACCESS 60 20 0.00 0.00 0.00 LICENSE 73478 REDACTION ASSISTANT USER ACCESS 60 20 0.00 0.00 0.00 ENSE 11642 THIRD-PARTY VIDEO SUPPORT LICENSE 60 20 0.00 0.00 0.00 73682 AUTO TAGGING LICENSE 60 20 0.00 0.00 0.00 Hardware 87059 TECH ASSURANCE PLAN 6-BAY FLEX 2 12 5 354.00 354.00 1,770.00 DOCK PAYMENT 87068 TECH ASSURANCE PLAN FLEX 2 CAMERA 12 35 366.00 366.00 12,810.00 AND CONTROLLER PAYMENT 87063 TECH ASSURANCE PLAN BODY 3 CAMERA 12 4 336.00 336.00 1,344.00 PAYMENT 20160 TASER 7 HOLSTER-SAFARILAND, 170 0.00 0.00 0.00 RH+CART CARRIER 75015 SIGNAL SIDEARM KIT 180 0.00 0.00 0.00 TASER 7 HOLSTER-SAFARILAND, 20161 LH+CART CARRIER 10 0.00 0.00 0.00 Q-298956-44374.668 D T Protect Life.- 4 DocuSign Envelope ID:BAE478F5-E15C-4255-813133-429144D66687 Year 1 -OSP 7+ Users(Continued) Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Hardware(Continued) 20050 HOOK-AND-LOOP TRAINING(HALT)SUIT 4 0.00 0.00 0.00 22175 TASER 7 LIVE CARTRIDGE, STANDOFF(3.5- 540 0.00 0.00 0.00 DEGREE)NS 22176 TASER 7 LIVE CARTRIDGE, CLOSE 540 0.00 0.00 0.00 QUARTERS(12-DEGREE)NS 20008 TASER 7 HANDLE,YLW,HIGH VISIBILITY 180 0.00 0.00 0.00 (GREEN LASER), CLASS 3R 20040 TASER 7 HANDLE WARRANTY,4-YEAR 180 0.00 0.00 0.00 22179 TASER 7 INERT CARTRIDGE, STANDOFF 50 0.00 0.00 0.00 (3.5-DEGREE)NS 22181 TASER 7 INERT CARTRIDGE, CLOSE 50 0.00 0.00 0.00 QUARTERS(12-DEGREE)NS 71044 BATTERY, SIGNAL SIDEARM, CR2430 360 0.00 0.00 0.00 SINGLE PACK 22175 TASER 7 LIVE CARTRIDGE, STANDOFF(3.5- 360 0.00 0.00 0.00 DEGREE)NS 22176 TASER 7 LIVE CARTRIDGE, CLOSE 360 0.00 0.00 0.00 QUARTERS(12-DEGREE)NS 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) 360 0.00 0.00 0.00 CARTRIDGE, STANDOFF NS 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) 360 0.00 0.00 0.00 CARTRIDGE, CLOSE QUART NS 20018 TASER 7 BATTERY PACK,TACTICAL 216 0.00 0.00 0.00 20041 TASER 7 BATTERY PACK WARRANTY,4- 216 0.00 0.00 0.00 YEAR 20042 TASER 7 DOCK&CORE WARRANTY,4- 2 0.00 0.00 0.00 YEAR 70033 WALL MOUNT BRACKET, ASSY, 2 0.00 0.00 0.00 EVIDENCE.COM DOCK 74200 TASER 7 6-BAY DOCK AND CORE 2 0.00 0.00 0.00 TARGET FRAME, PROFESSIONAL,27.5 IN.X 80090 2 0.00 0.00 0.00 75 IN.,TASER 7 75015 SIGNAL SIDEARM KIT 20 0.00 0.00 0.00 71044 BATTERY, SIGNAL SIDEARM, CR2430 40 0.00 0.00 0.00 SINGLE PACK Other 73837 EVIDENCE.COM PROFESSIONAL LICENSE 12 25 468.00 468.00 11,700.00 PAYMENT 73841 EVIDENCE.COM BASIC LICENSE PAYMENT 12 15 180.00 0.00 0.00 Q-298956-44374.668 DT Protect Life. 5 I DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Year 1 -OSP 7+ Users(Continued) Item Description Term(Months) Quantity Price List Unit Net Unit Price Total(USD) Other(Continued) 73944 OFFICER SAFETY PLAN 7+BUNDLE 60 180 0.00 0.00 0.00 HEADER 73957 OFFICER SAFETY PLAN 7+PAYMENT 12 180 2,508.00 2,131.80 383,724.00 80190 Evidence.com Channel Services 1 0.00 0.00 0.00 80190 Evidence.com Channel Services 1 0.00 0.00 0.00 80190 Evidence.com Channel Services 1 0.00 0.00 0.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 0.00 0.00 0.00 20119 TASER 7 MASTER INSTRUCTOR SCHOOL 1 0.00 0.00 0.00 VOUCHER 80087 TASER 7 TARGET, CONDUCTIVE, 2 0.00 0.00 0.00 PROFESSIONAL(RUGGEDIZED) 20420 UNLIMITED+BUNDLE HEADER 60 20 0.00 0.00 0.00 20445 UNLIMITED+ PAYMENT YEARS 1-5 12 20 2,028.00 2,028.00 40,560.00 Not Eligible/Cust omer Not Eligible/Customer Declined Channel D 20 0.00 0.00 0.00 Declined Services Channel Services 73827 AB3 CAMERA TAP WARRANTY 60 20 0.00 0.00 0.00 73828 AB3 8 BAY DOCK TAP WARRANTY 60 3 0.00 0.00 0.00 Services 85055 AXON FULL SERVICE 1 17,000.00 17,000.00 17,000.00 85168 CEW FULL SERVICE WITH INSTRUCTOR 1 17,000.00 17,000.00 17,000.00 TRAINING 79999 AUTO TAGGING/PERFORMANCE 1 0.00 0.00 0.00 IMPLEMENTATION SERVICE Subtotal 533,908.00 Estimated Tax 0.00 Total 533,908.00 Year 1 - Fleet 3 Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Axon Plans&Packages 80410 FLEET, EVIDENCE LICENSE, 1 CAMERA 60 160 0.00 0.00 000 STORAGE, ACCESS 80400 FLEET,VEHICLE LICENSE,ACCESS 60 80 0.00 0.00 0 00 Q-29 8956-44374.668 DT Protect Life. 6 DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Year 1 - Fleet 3 (Continued) Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Hardware 71210 FLEET DOOR TRIGGER HARDWARE, US 120 18.60 18.60 2,232.00 72036 FLEET 3 STANDARD 2 CAMERA KIT 80 0.00 0.00 0.00 80486 EXT WARRANTY, FLEET 3,2 CAMERA KIT, 4 80 0.00 0.00 0.00 YEARS 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR 80 0.00 0.00 0.00 NETCLOUD 71200 FLEET ANT,AIRGAIN, 5-IN-1,2LTE,2WIF1, 80 0.00 0.00 0.00 1 GNSS, BL 70112 AXON SIGNAL UNIT 80 0.00 0.00 0.00 70117 AXON SIGNAL UNIT, CABLE ASSEMBLY 80 0.00 0.00 0.00 74110 FLEET ETHERNET CABLE, CAT6, 25 FT 80 0.00 0.00 0.00 Other 73391 FLEET 3 NEW INSTALLATION (PER 80 0.00 0.00 0.00 VEHICLE) 80457 FLEET 3 BASIC PAYMENT 12 80 1,548.00 1,548.00 123,840.00 Subtotal 126,072.00 Estimated Tax 0.00 Total 126,072.00 Spares Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Hardware 20008 TASER 7 HANDLE, YLW,HIGH VISIBILITY 6 0.00 0.00 0.00 (GREEN LASER), CLASS 3R 73202 AXON BODY 3-NA10 6 0.00 0.00 0.00 20040 TASER 7 HANDLE WARRANTY,4-YEAR 6 0.00 0.00 0.00 74028 WING CLIP MOUNT, AXON RAPIDLOCK 6 0.00 0.00 0.00 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 6 0.00 0.00 0.00 Other 73827 A133 CAMERA TAP WARRANTY 1 6 0.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Q-298956-44374.668DT Protect Life. 7 DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Year 2 -OSP 7+ Users Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Axon Plans&Packages 85761 AUTO-TRANSCRIBE UNLIMITED PAYMENT 12 200 240.00 240.00 48,000.00 (LE ONLY) Hardware ISM 87059 TECH ASSURANCE PLAN 6-BAY FLEX 2 12 5 354.00 354.00 1,770.00 DOCK PAYMENT 87068 TECH ASSURANCE PLAN FLEX 2 CAMERA 12 35 366.00 366.00 12,810.00 AND CONTROLLER PAYMENT 87063 TECH ASSURANCE PLAN BODY 3 CAMERA 12 4 336.00 336.00 1,344.00 PAYMENT 22175 TASER 7 LIVE CARTRIDGE, STANDOFF(3.5- 360 0.00 0.00 0.00 DEGREE)NS 22176 TASER 7 LIVE CARTRIDGE, CLOSE 360 0.00 0.00 0.00 QUARTERS(12-DEGREE)NS Other 73837 EVIDENCE.COM PROFESSIONAL LICENSE 12 25 468.00 468.00 11,700.00 PAYMENT 73841 EVIDENCE.COM BASIC LICENSE PAYMENT 12 15 180.00 0.00 0.00 73957 OFFICER SAFETY PLAN 7+PAYMENT 12 180 2,508.00 2,131.80 383,724.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 0.00 0.00 0.00 20119 TASER 7 MASTER INSTRUCTOR SCHOOL 1 0.00 0.00 0.00 VOUCHER 20445 UNLIMITED+ PAYMENT YEARS 1-5 12 20 2,028.00 2,028.00 40,560.00 Subtotal 499,908.00 Estimated Tax 0.00 Total 499,908.00 Q-298956-44374.668 D T 8 Protect DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Year 2- Fleet 3 Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Other 80457 FLEET 3 BASIC PAYMENT 12 80 1,548.00 1,548.00 123,840.00 Subtotal 123,840.00 Estimated Tax 0.00 Total 123,840.00 Year 3 -OSP 7+ Users Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Axon Plans&Packages 85761 AUTO-TRANSCRIBE UNLIMITED PAYMENT 12 200 240.00 240.00 48,000.00 (LE ONLY) Hardware 87059 TECH ASSURANCE PLAN 6-BAY FLEX 2 12 5 354.00 354.00 1,770.00 DOCK PAYMENT 87068 TECH ASSURANCE PLAN FLEX 2 CAMERA 12 35 366.00 366.00 12,810.00 AND CONTROLLER PAYMENT 87063 TECH ASSURANCE PLAN BODY 3 CAMERA 12 4 336.00 336.00 1,344.00 PAYMENT 22175 TASER 7 LIVE CARTRIDGE, STANDOFF(3.5- 360 0.00 0.00 0.00 DEGREE)NS 22176 TASER 7 LIVE CARTRIDGE, CLOSE 360 0.00 0.00 0.00 QUARTERS(12-DEGREE)NS 22177 TASER 7 HOOK-AND-LOOP TRN(HALT) 360 0.00 0.00 0.00 CARTRIDGE, STANDOFF NS 22178 TASER 7 HOOK-AND-LOOP TRN(HALT) 360 0.00 0.00 0.00 CARTRIDGE, CLOSE QUART NS Other 73837 EVIDENCE.COM PROFESSIONAL LICENSE 12 25 468.00 468.00 11,700.00 PAYMENT 73841 EVIDENCE.COM BASIC LICENSE PAYMENT 12 15 180.00 0.00 0.00 73689 MULTI-BAY BWC DOCK 1ST REFRESH 5 0.00 0.00 0.00 73309 AXON CAMERA REFRESH ONE 35 0.00 0.00 0.00 73309 AXON CAMERA REFRESH ONE 4 0.00 0.00 0.00 73957 OFFICER SAFETY PLAN 7+PAYMENT 12 180 2,508.00 2,131.80 383,724.00 Q-298956-44374.668DT Protect Life. 9 DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Year 3 -OSP 7+ Users(Continued) Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Other(Continued) 73309 AXON CAMERA REFRESH ONE 180 0.00 0.00 0.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 0.00 0.00 0.00 73309 AXON CAMERA REFRESH ONE 6 0.00 0.00 0.00 20119 TASER 7 MASTER INSTRUCTOR SCHOOL 1 0.00 0.00 0.00 VOUCHER 73689 MULTI-BAY BWC DOCK 1ST REFRESH 23 0.00 0.00 0.00 73309 AXON CAMERA REFRESH ONE 20 0.00 0.00 0.00 20445 UNLIMITED + PAYMENT YEARS 1-5 12 20 2,028.00 2,028.00 40,560.00 73689 MULTI-BAY BWC DOCK 1ST REFRESH 3 0.00 0.00 0.00 Subtotal 499,908.00 Estimated Tax 0.00 Total 499,908.00 Year 3-Fleet 3 Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Other 80457 FLEET 3 BASIC PAYMENT 12 80 1,548.00 1,548.00 123,840.00 Subtotal 123,840.00 Estimated Tax 0.00 Total 123,840.00 Year 4-OSP 7+ Users Item Description Term Quantity List Unit (Months) Price Net Unit Price Total(USD) Axon Plans&Packages 85761 AUTO-TRANSCRIBE UNLIMITED PAYMENT 12 200 240.00 240.00 48,000.00 (LE ONLY) Hardware 87059 TECH ASSURANCE PLAN 6-BAY FLEX 2 12 5 354.00 354.00 1,770.00 DOCK PAYMENT 87068 TECH ASSURANCE PLAN FLEX 2 CAMERA 12 35 366.00 366.00 12,810.00 AND CONTROLLER PAYMENT 87063 TECH ASSURANCE PLAN BODY 3 CAMERA 12 4 336.00 336.00 1,344.00 PAYMENT 22175 TASER 7 LIVE CARTRIDGE, STANDOFF(3.5- 360 0.00 0.00 0.00 DEGREE)NS 22176 TASER 7 LIVE CARTRIDGE, CLOSE 360 0.00 0.00 0.00 QUARTERS(12-DEGREE)NS Q-298956-44374.668DT 10 Protect DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Year 4-OSP 7+ Users(Continued) Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Other 73837 PAYMENT EVIDENCE.COM PROFESSIONAL LICENSE 12 25 468.00 468.00 11,700.00 73841 EVIDENCE.COM BASIC LICENSE PAYMENT 12 15 180.00 0.00 0.00 73957 OFFICER SAFETY PLAN 7+PAYMENT 12 180 2,508.00 2,131.80 383,724.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 0.00 0.00 0.00 20119 TASER 7 MASTER INSTRUCTOR SCHOOL 1 0.00 0.00 0.00 VOUCHER 20445 UNLIMITED+ PAYMENT YEARS 1-5 12 20 2,028.00 2,028.00 40,560.00 Subtotal 499,908.00 Estimated Tax 0.00 Total 499,908.00 Year 4- Fleet 3 Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Other 80457 FLEET 3 BASIC PAYMENT 12 80 1,548.00 1,548.00 123,840.00 Subtotal 123,840.00 Estimated Tax 0.00 Total 123,840.00 Year 5 -OSP 7+ Users Item Description Term(Months) Quantity Price List Unit Net Unit Price Total(USD) Axon Plans&Packages AUTO-TRANSCRIBE UNLIMITED PAYMENT 85761 (LE ONLY) 12 200 240.00 240.00 48,000.00 Hardware 87068 TECH ASSURANCE PLAN FLEX 2 CAMERA 12 35 366.00 366.00 12,810.00 AND CONTROLLER PAYMENT 87059 TECH ASSURANCE PLAN 6-BAY FLEX 2 12 5 354.00 354.00 1,770.00 DOCK PAYMENT 87063 TECH ASSURANCE PLAN BODY 3 CAMERA 12 4 336.00 336.00 1,344.00 PAYMENT 22175 TASER 7 LIVE CARTRIDGE, STANDOFF(3.5- 360 0.00 0.00 0.00 DEGREE)NS Q-298956-44374.668 D T Protect Life. 11 DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Year 5-OSP 7+ Users(Continued) Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Hardware(Continued) 22176 TASER 7 LIVE CARTRIDGE, CLOSE 360 0.00 0.00 0.00 QUARTERS(12-DEGREE)NS Other 73837 EVIDENCE.COM PROFESSIONAL LICENSE 12 25 468.00 468.00 11,700.00 PAYMENT 73841 EVIDENCE.COM BASIC LICENSE PAYMENT 12 15 180.00 0.00 0.00 73688 MULTI-BAY BWC DOCK 2ND REFRESH 5 0.00 0.00 0.00 73310 AXON CAMERA REFRESH TWO 35 0.00 0.00 0.00 73310 AXON CAMERA REFRESH TWO 4 0.00 0.00 0.00 73957 OFFICER SAFETY PLAN 7+PAYMENT 12 180 2,508.00 2,131.80 383,724.00 73310 AXON CAMERA REFRESH TWO 180 0.00 0.00 0.00 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 0.00 0.00 0.00 73310 AXON CAMERA REFRESH TWO 6 0.00 0.00 0.00 20119 TASER 7 MASTER INSTRUCTOR SCHOOL 1 0.00 0.00 0.00 VOUCHER 73688 MULTI-BAY BWC DOCK 2ND REFRESH 23 0.00 0.00 0.00 73310 AXON CAMERA REFRESH TWO 20 0.00 0.00 0.00 20445 UNLIMITED+ PAYMENT YEARS 1-5 12 20 2,028.00 2,028.00 40,560.00 73688 MULTI-BAY BWC DOCK 2ND REFRESH 3 0.00 0.00 0.00 Subtotal 499,908.00 Estimated Tax 0.00 Total 499,908.00 Year 5- Fleet 3 Item Description Term Quantity List Unit Net Unit Price Total(USD) (Months) Price Other 80457 FLEET 3 BASIC PAYMENT 12 80 1,548.00 1,548.00 123,840.00 Subtotal 123,840.00 Estimated Tax 0.00 Total 123,840.00 Grand Total' 3,154,972.00 Q-298956-44374.668DT 12 Protect DocuSign Envelope ID: BAE478F5-E15C-4255-8BB3-429144D66B87 � A E ON Discounts (USo) Quote Expiration:12/17/2021 List Amount 3,543,283.00 Discounts 388,311 .00 Total 3,154,972.00 *Total excludes applicable taxes Summary of Payments Payment Amount (USD) Year 1 - TAP Refresh #00009742 0.00 Year 1 - OSP 7+ Users 533,908.00 Year 1 - Fleet 3 126,072.00 Spares 0.00 Year 2 - OSP 7+ Users 499,908.00 Year 2 - Fleet 3 123,840.00 Year 3 - OSP 7+ Users 499,908.00 Year 3 - Fleet 3 123,840.00 Year 4 - OSP 7+ Users 499,908.00 Year 4 - Fleet 3 123,840.00 Q-298956-44374.668 DT 13 Protect Life. DocuSign Envelope ID: BAE478F5-E15C-4255-8BB3-429144D66B87 `gkAa\ A X 0 I V Summary of Payments (Continued) Payment Amount (USD) Year 5 - OSP 7+ Users 499,908.00 Year 5 - Fleet 3 123,840.00 Grand Total 3,154,972.00 Q-298956-44374.668 DT 14 Protect Life. DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 STATEMENT OF WORK&CONFIGURATION DOCUMENT Axon Fleet In-Car Recording Platform This document details a proposed system design Agency Created For: Elgin Police Dept.-IL Quote:Q-298956-44374.668DT Sold By: Danny Thielen Designed By: Evan Bates Installed By: Axon Target Install Date: V-3.26.18 Q 298956 44374.668DT 15 DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 VEHICLE OVERVIEW SITE NAME CUSTOMER NAME Headquarters Elgin Police Dept. - IL Total Configured Vehicles • 80 Total Vehicles with this Configuration Video Capture Sources Axon Camera 160 Total Cameras Deployed 1 Axon Signal Unit(s)Per Vehicle Mobile Data Terminal Per Vehicle Signal Unit 1 Located In Each Vehicle Mobile Router Per Vehicle 1 IBR900-120OM-B Offload Mechanism In-Car Router • 4G LTE Cellular Evidence Management System Battery Box Evidence.com SYSTEM CONFIGURATION DETAILS The following sections detail the configuration of the Axon Fleet In-Car System Vehicle Hardware 2 Axon Fleet Cameras will be installed in each vehicle 2 Axon Fleet Battery Boxes will be installed in each vehicle Vehicle Hardware 1 Axon Signal Units will be installed in each vehicle 1 IBR900-120OM-B router will be installed in each vehicle Axon Battery Boxes The battery box provides power to its connected camera for up to 4 hours allowing for video offload while the vehicle ignition state is OFF and the MDT is connected and available. Signal Activation Methods When triggered,the Axon Signal Vehicle(ASV)device will activate the recording mechanism for all configured Axon cameras within 30 feet of the vehicle. Mobile Data Terminal Each vehicle will be equipped with a Mobile Data Terminal provided by the customer. Operating System:Windows 7 or Windows 10-x32 or x64 with the most current service packs and updates Hard Drive: Must have 25GB+of free disk space RAM/Memory:Windows 7-4GB or greater I Windows 10-8GB or greater Mobile Data Terminal Ethernet Port:The system requires the MDT to have one dedicated and available Ethernet port reserved for an Ethernet cable from router.The Ethernet port can be located on an electronic and stationary mobile Requirements docking station. If a docking station is used,it is the preferred location for the Ethernet port. Wi-Fi Card: The system requires an 802.11n compatible Wi-Fi card using 5Ghz band. USB Ports: If the computer is assigned to the officer and does not remain with the vehicle,then the number dongles ordered should equal the number of officers or the number of computers assigned.At least one dedicated and available USB 2.0 port for the Fleet USB dongle USB Port on MDT or Dock. Q-298956-443 74.668 DT 16 DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 If the customer has a MiFi hotspot, embedded cellular, or USB 4G, then the customer must purchase a Cradlepoint router with an external antenna and Cradlecare. For agencies that use NetMotion Mobility, Axon traffic must be passed through; such that it does not Additional use the Mobility VPN tunnel. Customer must provide IT and/or Admin resources at time of installation Considerations to ensure data routing if functional for Axon Fleet operation. In the event an Agency is unable to support the IT requirements associated with the installation,Axon reserves the right to charge the Agency for additional time associated with on-site work completed by an Axon Employee. Axon will provide the following router for all vehicles: IBR900-1200M-B Hardware Provisioning The customer will provide a MDT for each vehicle In-Car Network Considerations Network Requirements IBR900-1200M-B will create a dedicated 5Ghz WiFi network within each vehicle.This network will join the Axon Fleet cameras and Mobile Data Terminal together. IPAddressing Total IPs Required Axon Fleet Cameras 160 Network Addressing Mobile Data Terminal 80 320 IBR900-1200M-B 80 Hardware Provisioning Customer to provide all IP addressing and applicable network information NetworkConsiderationAgreement etwo Customer acknowledges the minimum requirements for the network to support this Statement of Work. All Axon employees performing services under this SOW are CJ►S certified. Network Consideration Agreement If the network provided by Customer does not meet the minimum requirements,or in the event of a requested change in scope of the project,a Change Order will be required and additional fees may apply. Additional fees would also apply if Axon is required to extend the installation time for reasons caused by the customer or the customer network accessibility. Q-298956-44374.E 68 DT 17 DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Professional Services & Training Axon will assign a Project Manager that will provide the expertise to execute a successful Fleet camera deployment and implementation.The Project Manager will have knowledge and experience Project Management with all phases of the project management lifecycle and with all application modules being implemented. He/she will work closely with the customer's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables. Axon will be performing the installation of all Axon Fleet vehicle hardware. Installation services purchased from Axon include a"clip"and removal of existing in-car system hardware.This does not include"full removal"of existing wiring.A"full removal"of all existing hardware and wiring is subject to additional fees.Axon provides basic Fleet operation overview to the customer lead and/or Admin at the time of install. Clip vs Rip installation removal: o It is necessary to differentiate between the type of equipment removal to be provided by Axon. Standard Fleet Installation includes hardware removal in a fashion considered "Clip"which means Axon cuts the wires from the old system without removing multiple Vehicle Installation panels, removing all wiring and parts from the old system. In the case Axon removes the hardware Axon is not responsible for the surplus of hardware or any devices that may have been physically integrated with the removed system. In some situations, radar systems are integrated with the in-car video system and have a cable that connects to the system, if Axon removes the old in car system then Axon is not responsible for the radar system as part of the removal. o A"Rip" removal should be contracted through ProLogic directly. The Rip would be similar to a complete and full removal,which is more common when they retire a vehicle from service. Axon Signal Units have multiple trigger configuration options.Any trigger configurations that include a door or magnetic door switch are considered"custom"and may be subject to additional fees. An Axon representative has discussed with the Agency the standard triggers of the Fleet System. Custom Trigger Those standard triggers include light-bar activation,speed, crash and gun-locks.The light-bar must Installation have a controller to allow Axon to interface for the desired position,gun-locks must be installed with existing hardware in the vehicle. Doors are considered"CUSTOM" since they required additional hardware and time for installation, typically requiring the door may need to be taken apart for the installation. End-user go-live training provides individual device set up and configuration assistance,training on Training device use, Evidence.com and AXON View XL. End-user go-live training and support is not included in the installation fee scope. Q-298956-44374.668DT 18 DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 4G / Cellular Offload Considerations The IBR900-1200M-B will be the connection which allows 4G upload of recorded video Network Considerations The customer will ensure that their cellular contract does not allow for data throttling,or service denial,once a set data threshold is met.Throttling or denial of service will negatively affect Fleet upload capabilities. The MDTs 4G connection will facilitate the upload of recorded video content. Hardware Provisioning The customer will provide all 4G sim cards as required by their mobile provider. Q-298956-44374.668DT 19 DocuSign Envelope ID:BAE478F5-E15C-4255-8BB3-429144D66B87 Notes Agency has existing contract#00009742(originated via Q-80186)and is terminating that contract upon the new license start date(02/01/2022)of this quote. The parties agree that Axon is granting a refund of$21,330.00(applied to Year 1 licenses)to refund paid,but undelivered services.This discount is based on a ship date range of 1/l/2022-1/15/2022,resulting in a 2/1/2022 license date.Any change in this date and resulting license start date will result in modification of this discount value which may result in additional fees due to or from Axon. 100%discounted body-wom camera and docking station hardware contained in Year 1 reflects a TAP replacement for hardware purchased under existing contract #00009742.All TAP obligations from this contract will be considered fulfilled upon execution of this quote.This refreshed hardware will be covered under the Technology Assurance Plan(TAP)and will be eligible for 2 replacements.This will take place at the 30 and 60 month marks of this new contract. Pricing on this quote is in accordance with Sourcewell Contract#010720-AXN.Terms and conditions of Sourcewell Contract#010720-AXN govern this purchase. Three Axon Accelerate tickets and three Body-Worn Camera Certification tickets will be granted to Agency annually for the duration of this contract tens. Signature: Date: Name(Print): Title: PO# (Or write N/A): Please sign and email to Danny Thielen at dthielen@axon.com or fax to Thank you for being a valued Axon customer.For your convenience on your next order,please check out our online store buv.axon.com The trademarks referenced above are the property of their respective owners. ***Axon Internal Use Only"* SFDC Contract#: Order Type: RMA#: Address Used: Review 1 Review 2 SO#: Comments: 0-298956-44374.668 DT Protect Life. 20 DocuSign Envelope ID: BAE478F5-E15C-4255-8BB3-429144D66B87 � AEON Elgin Police Dept. - IL ATTENTION This order may qualify for freight shipping, please fill out the following information. What is the contact name and phone number for this shipment? What are your receiving hours? (Monday-Friday) Is a dock available for this incoming shipment? Are there any delivery restrictions? (no box trucks, etc.) Q-298956-44374.668 D T 21 Protect