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HomeMy WebLinkAbout2016-06-07; City Council; 22306; Approve purchase and use of body worn cameras by police department and award contract to Taser International IncItem 5; pg. 1 CITY OF CARlSBAD-AGENDA Bill AB# 22 306 APPROVE THE PURCHASE AND USE OF BODY DEPT. HEAD -;;l/;2L'*? MTG. 6/7/16 WORN CAMERAS BY THE POLICE CITY ATTY. ~~ ~ ,;;;·,.. DEPT. POL DEPARTMENT AND AWARD CONTRACT FOR CITYMGR. l BODY WORN CAMERAS AND VIDEO ·?-STORAGE TO TASER INTERNATIONAL, INC. ;;-;,--· RECOMMENDED ACTION: Adopt a resolution approving the purchase and use of body worn cameras by the Police Department and award the contract for body worn cameras and video storage to TASER International, Inc. ITEM EXPLANATION: On March 1, the City of Carlsbad Police Department began a two month trial of body-worn cameras. The initial test included six police officers, with the eventual goal of equipping all sworn officers and community services officers with the technology. The trial went well. The cameras are simple to operate and effectively capture law enforcement interactions with community members. Body-worn cameras not only assist in the collection of evidence, but they can also enhance public trust and improve officer and community safety. The recordings can be a part of a comprehensive review of use-of-force encounters to determine how handling an incident deescalated or escalated the potential for violence, and to identify better practices for resolving encounters peacefully. The Police Department is using TASER Axon Flex Cameras. TASER will also provide cloud storage of captured video via their EVIDENCE.com system. TASER is considered the leader in this industry. Several reasons make it advantageous to go with TASER. First, Carlsbad Police Department is able to piggyback on a competitively bid contract awarded by the Kern County Sheriff's Department in order to get the best competitively bid pricing for the cameras and video storage. Second, the San Diego District Attorney has a TASER license, which provides seamless integration to share videos with the prosecutor. Third, several other San Diego County law enforcement agencies who are testing or have adopted the use of body-worn cameras also purchased the TASER product. These include the San Diego Police Department, Chula Vista Police Department, Coronado Police Department, and Escondido Police Department. Finally, regional standardization of equipment provides the ability to share evidence or training videos among the different departments. It also adds to existing countywide collaborative efforts such as shared domestic violence protocol, pursuit protocol, officer-involved-shooting protocol and a shared training academy. As part of the trial, the Police Department has finalized a policy that directs officers when to turn on cameras, when not to use cameras, who can access the footage and when, and how the collected data is to be stored. DEPARTMENT CONTACT: Mickey Williams (760) 931-2260 mickey.williams@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED 0 WITHDRAWN 0 AMENDED 0 CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER-SEE MINUTES D ____ _ D D D - Item 5; pg. 2 Finally, the department is also reaching out to community groups to share the plans for body worn cameras and to gather community feedback. Feedback in Carlsbad has been overwhelmingly positive. Additionally, Police Executive Research Forum (PERF) surveys of law enforcement executives have demonstrated that agencies who engaged with their residents in a positive way regarding the deployment of body-worn cameras were largely supported by the community. If the program and contract are approved by city council, the Police Department will fully implement body worn cameras for all sworn staff and community service officers early in Fiscal Year 2016-17. FISCAL IMPACT: The trial program was at no cost to the city. The contract for full implementation and five years of service and video storage is attached (Exhibit 3). During year one offull implementation, the estimated cost of cameras and hardware is $114,812. The Police Department will use money from their current allocation of California Board of State and Community Corrections (AB109) police grant funds to purchase body worn cameras (Exhibit 2). Use of these grant funds to make this purchase has been approved by the County Chiefs and Sheriff Association, the governing body for how this money is used (Exhibit 4). As part of the contract with TASER International, Inc., the cameras will be replaced every two and a half years at no additional cost. The estimated cost of video storage and software/hardware maintenance during year one will be $156,409. The estimated cost of storage, maintenance and warranty for years two through five will be $156,409 each year. The Police Department will also need to implement a secure wireless network and a separate internet connection that will allow the upload of body camera video. The estimated cost to implement the wireless network is $19,513, with ongoing annual costs of $905. The separate internet connection will cost $13,968 annually. The Police Department has requested a budget enhancement starting in Fiscal Year 2016-17 for the cost of ongoing video storage, the wireless network and the separate internet connection. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. A resolution approving the purchase and use of body worn cameras by the Police Department and award the contract for body worn cameras and video storage to TASER International, Inc. 2. Master Services and Purchasing Agreement between TASER International, Inc. and the City of Carlsbad 3. Memorandum of Agreement between participating cities in the County of San Diego for disbursing California Board of State and Community Corrections police grant funds among the parties. 4. Meeting minutes from November 4, 2015 San Diego County Chiefs and Sheriff's Association approving use of California Board of State and Community Corrections (AB109) police grant funds to purchase body worn cameras. Item 5; pg. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2016-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PURCHASE AND USE OF BODY WORN CAMERAS BY THE POLICE DEPARTMENT AND AWARDING THE CONTRACT FOR BODY WORN CAMERAS AND VIDEO STORAGE TO TASER INTERNATIONAL, INC. EXHIBIT 1 WHEREAS, the Police Department began a four to six week trial of body-worn cameras on Mar. 1, with the goal of equipping all sworn officers and community services officers with the technology; and WHEREAS, body-worn cameras not only assist in the collection of evidence, but they can also enhance public trust and improve officer and community safety; and WHEREAS, recordings can be a part of a comprehensive review of use-of-force encounters to determine how handling an incident deescalated or escalated the potential for violence, and to identify better practices for resolving encounters peacefully; and WHEREAS, as part of the trial, the Police Department is finalizing a policy that directs officers when to turn on cameras, when not to use cameras, who can access the footage and when, and how the collected data is to be stored; and WHEREAS, the Police Department has selected TASER International, Inc. as the vendor who will supply the body worn cameras and will store the resulting video. The Police Department is able to piggyback on a competitively bid contract awarded by the Kern County Sheriff's Department in order to get the best competitively bid pricing for the cameras and video storage. WHEREAS, the City Council concurs that it is in the public interest to implement a body worn camera program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: Item 5; pg. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The above recitations are true and correct. 2. That following a successful trial period, the Police Department is hereby authorized to fully implement a body worn camera program. 3. That the Agreement with TASER International, Inc., a copy of which is attached hereto, is hereby approved and the Mayor is authorized to execute the agreement on behalf of the City. 4. The estimated cost of cameras and hardware is $114,812. The Police Department will use money from their current allocation of California Board of State and Community Corrections (AB109) police grant funds to purchase body worn cameras. Use ofthese grant funds to make this purchase has been approved by the County Chiefs and Sheriff Association, the governing body for how this money is used. As part of the contract with TASER International, Inc., the cameras will be replaced every two and a half years at no additional cost. 5. The estimated cost of video storage, maintenance and warranty per year will be $156,409. The Police Department will also need to implement a secure wireless network and a separate internet connection that will allow the upload of body camera video, at an estimated cost of $19,513, with ongoing annual costs of $14,873. The Police Department has requested a budget enhancement starting in Fiscal year 2016- 17 for the cost of ongoing video storage, the wireless network and the separate internet connection. Item 5; pg. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Meeting ofthe City Council of the City of Carlsbad on the 7th day of June, 2016, by the following vote to wit: AYES: Hall, Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: None. ~;UP MATT HALL, Mayor (SEAL) Item 5; pg. 6 Title: Master Services and Purchasing Agreement with Exhibits (Signature) Department: Legal Version: 2.0 Release Date: 2129/2016 label MASTER SERVICES AND PURCHASING AGREEMENT between TASER INTERNATIONAL, INC. and City of Carlsbad Item 5; pg. 7 (lt)TASER Protect L1fe MASTER SERVICES AND PURCHASING AGREEMENT This Master Agreement (the Agreement) by and between TASER International, Inc., (TASER or Party) a Delaware corporation having its principal place of business at 17800 N 85th Street, Scottsdale, Arizona, 85255, and City of Carlsbad, a municipal corporation (CITY, Agency or Party), having its principal place of business at 1635 Faraday Aven e, Carlsbad, California, 92010 (collectively referred to as Parties), is entered into as of ~ day of , 2016 (the Effective Date). This Agreement sets forth the term and conditions for the purchase, delivery, use, and support of TASER products and services as detailed in Quote #Q-62674-3 (the Quote), which is attached hereto as Exhibit A and incorporated herein by reference. It is the intent of the Parties that this Agreement shall act as a master agreement governing all subsequent purchases by Agency of TASER Products and all subsequent quotes accepted by Agency shall be also incorporated by reference into this Agreement by its Quote number and date. Further, this Agreement is entered into pursuant to a competitive procurement process initiated by Kern County, California that permitted other state and local agencies (e.g. CITY) to take advantage of that competitive procurement process (commonly referred to as "piggybacking'') to satisfy its procurement requirements. In consideration of this Agreement the Parties agree as follows: 1 Term. This Agreement will commence on the Effective Date and will remain in full force and effect until terminated by either Party, or at the end of the fifth (5th) year, whichever occurs first. TASER services will not be authorized until a signed Quote or Purchase Order is received, whichever is first. 1.1 Evidence.com Subscription Term: The Initial Term of the Subscription services (Subscription) is five (5 ) years, as outlined in the attached Appendix 1 entitled Evidence.com Terms of Use and incorporated herein, will begin on the date of Acceptance (as described in Appendix 2.) The Parties may renew the Subscription for additional successive Terms of one (1) year after completion of the initial Term at the prices negotiated between TASER and the Agency, unless the Agency gives TASER written notice of termination not less than sixty (60) days prior to the end of a one (1) year period. 1.1.1 Service Level Agreement for Evidence.com is attached hereto as Appendix 4 and incorporated herein. 1.2 Professional Services Term: Amounts pre-paid for professional services as outlined in the Quote and the Professional Service, Appendix 2, attached hereto and incorporated herein, must be used within 6 months of the Effective Date. 2 Definitions. "Business Day" means Monday through Friday, excluding holidays. "Confidential Information" means all nonpublic information disclosed by TASER, TASER affiliates, business partners of TASER or their respective employees, contractors or agents that is designated as confidential. TASER acknowledges that CITY is a governmental agency and may be required to disclose certain information, including information that TASER has marked as Confidential Information, under requests made according to provisions of the California Public Records Act (Act). CITY shall give notice to TASER of any request for the disclosure of any Confidential Information set apart and marked "confidential," "proprietary" or "trade secret" by TASER. TASER shall then have five (5) days from the date it receives such notice to enter into an agreement with CITY providing for the defense of, and complete indemnification and reimbursement for all costs (including reasonable attorney's fees) incurred by CITY in any legal action to compel the disclosure of such Confidential Information under the Act. TASER shall have the sole responsibility for the defense of the actual confidential, proprietary, or trade secret Tide: Master Services and Purchasing Agreement with Exhibits (Signature) Page 2 of 22 Department: Legal Version: 2.0 Release Date: 2!29!2016 Item 5; pg. 8 designation of such Confidential Information. The Parties understand and agree that any failure by TASER to respond to the notice provided by CITY and/or to enter into an agreement with CITY, as set forth above, shall constitute a complete waiver by TASER of any nondisclosure or confidentiality rights hereunder with respect to such Confidential Information, and such Confidential Information shall be disclosed by CITY pursuant to applicable procedures required by the Act. "Documentation" means the (i) specifications, explanatory or informational materials, whether in paper or electronic form, that relate to the Services provided under this Agreement, or (ii) user manuals, technical manuals, training manuals, warnings, specification or other explanatory or informational materials, whether in paper or electronic form, that relate to the Products provided under this Agreement. "Evidence.com Service" means TASER web services for Evidence.com, the Evidence.com site, EVIDENCE Sync software, Axon Capture App, Axon® Mobile App, other software, maintenance, storage, and product or service provided by us under this Agreement for use with Evidence.com. This does not include any Third Party Applications, hardware warranties, or the my.evidence.com services. "Installation Site" means the location(s) where the Products are to be installed. "Policies" means the Trademark Use Guidelines, all restrictions described on the TASER website, and any other policy or terms in existence on the Effective Date and referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials. "Products" means all TASER equipment, software, cloud based services, Documentation and software maintenance releases and updates provided by TASER under this Agreement. "Quote" is an offer to sell, is valid only for Products and Services listed on the Quote at prices on the Quote. All Quotes referenced in this Agreement or issued and accepted after the Effective Date of this Agreement will be subject to the terms of this Agreement. Any terms and conditions that are not in agreement with this Agreement contained within the Agency's purchase order in response to the Quote will be null and void and shall have no force or effect. "Resolution Time" means the elapsed time between TASER's acknowledgment of an issue until the problem in the Products or Services has been resolved, which does not include time delays caused by the Agency or by third parties outside of TASER's reasonable control and who are not TASER affiliates, business partners of TASER or their respective employees, contractors or agents,. "Services" means all services provided by TASER pursuant to this Agreement. "Agency Content" means software, data, text, audio, video, images or other Agency content or any of the Agency's end users (a) run on the Evidence.com Services, (b) cause to interface with the Evidence.com Services, or (c) upload to the Evidence.com Services under the Agency account or otherwise transfer, process, use or store in connection with the Agency account. 3 Payment Terms. Invoices are due to be paid within 30 days of the date of invoice. All orders are subject to prior credit approval. Payment obligations are non-cancelable and fees paid are non- refundable and all amounts payable will be made without setoff, deduction, or withholding. Notwithstanding the foregoing sentence, if CITY has disputed a charge CITY shall pay the balance of the non-disputed invoiced amount. If a non-disputed delinquent account is sent to collections, Title: Master Services and Purchasing Agreement with Exhibits (Signature) Page 3 of 22 Department: legal Version: 2.0 Release Date: 212912016 Item 5; pg. 9 the Agency is responsible for all collection and attorneys' fees. 4 Taxes. Unless TASER is provided with a valid and correct tax exemption certificate applicable to the purchase and ship-to location, the Agency is responsible for sales and other taxes associated with the order. 5 Shipping; Title; Risk of Loss; Rejection. TASER reserves the right to make partial shipments and Products may ship from multiple locations. Taser and/or their selected vendor shall be responsible for title and risk of loss for all Products until accepted by City as further described in Appendix 2 Professional Services, section 6). The Agency is responsible for all freight charges. Any loss or damage that occurs during shipment is the responsibility of TASER. Shipping dates are estimates only. The Agency may reject nonconforming Products by providing TASER written notice of rejection within 10 Business Days of Acceptance (as further described in Appendix 2 Professional Services, section 6). Failure to notify TASER within 10 Business Days of acceptance will be deemed an Acceptance of Products. 6 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns, and nonconforming Products which will be repaired or replaced or as provided by state or federal law. Before Acceptance (as further described in Appendix 2 Professional Services, section 6), the Agency may exchange Axon Body Cameras for Axon Flex cameras, and vice versa. 7 Warranties. 7.1 Hardware Limited Warranty. TASER warrants that its law enforcement hardware Products, including its mobile viewing devices listed in the Quote, are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of acceptance. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1-year limited warranty term plus the term of the extended warranty measured after the expiration of the 1-year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. TASER-Manufactured Accessories are covered under a limited 90-DAY warranty from the date of receipt. Non- TASER manufactured accessories are covered under the manufacturer's warranty. If TASER determines that a valid warranty claim is received within the warranty period, TASER agrees to repair or replace the Product. TASER's sole responsibility under this warranty is to either repair or replace with the same or like Product, at TASER's option. 7.2 Warranty Limitations. 7.2.1 The warranties do not apply and TASER will not be responsible for any loss, data loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non- TASER products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by TASER; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than TASER authorized personnel or without the written permission of TASER; or (e) if any TASER serial number has been removed or defaced. 7.2.2 To the extent permitted by law, the warranties and the remedies set forth above are exclusive and TASER disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. 7.2.3 TASER's cumulative liability to any Party for any loss or damage Title: Master Services and Purchasing Agreement with Exhibits (Signature) Page 4 of 22 Department Legal Version: 2.0 Release Date: 212912016 Item 5; pg. 10 Q)TASER '" Pr-otect Life resulting from any claims, demands, or actions arising out of or relating to any TASER product will not exceed the purchase price paid to TASER for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 7.3 Warranty Returns. If a valid warranty claim is received by TASER within the warranty period, TASER agrees to repair or replace the Product which TASER determines in its sole discretion to be defective under normal use, as defined in the Product instructions. TASER's sole responsibility under this warranty is to either repair or replace with the same or like Product, at TASER's option. 7.3.1 For warranty return and repair procedures, including troubleshooting guides, please go to TASER's websites www.taser.com/support or www.evidence.com, as indicated in the appropriate product user manual or quick start guide. 7.3.2 Before delivering product for warranty service, it is the Agency's responsibility to upload the data contained in the product to the EVIDENCE.com services or download the product data and keep a separate backup copy of the contents. TASER is not responsible for any loss of software programs, data, or other information contained on the storage media or any other part of the product services. 7.3.3 A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes Purchaser's property and the replaced item becomes TASER's property. 7.4 TASER Assurance Plan. The TASER Assurance Plan or "TAP", attached hereto as Appendix 3 and incorporated herein, has been purchased as part of the Quote attached to this Agreement and is made part of this Agreement as further outlined in Appendix 3. 8 Product Warnings. See our website at www.TASER.com for the most current product warnings. 9 Design Changes. TASER reserves the right to make changes in the design of any of TASER's products and services without incurring any obligation to notify the Agency or to make the same change to products and services previously purchased. 10 Insurance. Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement Title: Master Services and Purchasing Agreement with Exhibits ~Signature) Page 5 of 22 Department: legal Version: 2.0 Release Date: 212912016 Item 5; pg. 11 are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Cyber Errors & Omissions. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11 Indemnification. TASER will indemnify and defend the Agency Indemnitees (the Agency's officers, directors, and employees) from and against all claims, demands, losses, liabilities, reasonable costs and expenses arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct ofTASER under or related to this Agreement, except in the case of negligent acts, omissions or willful misconduct of the Agency or claims that fall under Workers Compensation coverage. 12 IP Rights. TASER owns and reserves all right, title, and interest in the TASER Products and related software, as well as any suggestions made to TASER. 13 IP Indemnification. TASER will defend, indemnify, and hold the Agency Indemnitees harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third-party claim alleging that use of TASER Products or Services as permitted under this Agreement infringes or misappropriates the intellectual Title: Master Services and Purchasing Agreement with Exhibits ~Signature) Page 6 of 22 Department: Legal Version: 2.0 Relea&e Date: 2129!2016 Item 5; pg. 12 property rights of a third party. The Agency must provide TASER with prompt written notice of such a claim, tender to us the defense or settlement of such a claim at our expense, and cooperate fully with us in the defense or settlement of such a claim. TASER has no liability to the Agency or any third party if any alleged infringement or claim of infringement is to any extent based upon: (a) any modification of the Evidence.com Services by the Agency or any third party not approved by TASER; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved or recommended by TASER; (c) the use of Evidence.com Services other than as permitted under this Agreement or in a manner for which it was not intended; or (d) the use of other than the most current release or version of any software provided by TASER as part of or in connection with the Evidence.com Services. Nothing in this Section will affect any warranties in favor of the Agency that are otherwise provided in or arise out of this Agreement. 14 Agency Responsibilities. The Agency is responsible for (i) use of TASER Products (including any activities under the Agency Evidence.com account and use by Agency employees and agents), (ii) breach of this Agreement or violation of applicable law by the Agency or any of the Agency's end users, (iii) Agency Content or the combination of Agency Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third party rights by Agency Content or by the use of Agency Content, (iv) a dispute between the Agency and any third party over Agency use of TASER products or the collection or use of Agency Content, (v) any Agency hardware or networks that directly connects the Agency to the Evidence. com Services, and (vi) any security settings the Agency establishes to interact with or on the Evidence.com Services. 15 Termination. 15.1 By Either Party. Either Party may terminate for cause upon 30 days advance notice to the other Party if there is any material default or breach of this Agreement by the other Party, unless the defaulting Party has cured the material default or breach within the 3D- day notice period. In the event that the Agency terminates this Agreement under this Section and TASER fails to cure the material breach or default, TASER will issue a refund of any prepaid amounts on a prorated basis. 15.2 By Agency. The Agency is obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during the then current fiscal year. In the event that sufficient funds for this Agreement will not be appropriated to pay the fees required under this Agreement, this Agreement may be terminated by the Agency. The Agency agrees to deliver notice of termination under this Section at least 90 days prior to the end of the then current fiscal year. Unless specifically stated in the notice of termination, termination will be applicable to this entire Agreement, including, Subscription Services(§ 1.1 above), and Professional Services(§ 1.2 above). 15.3 Effect of Termination. Upon any termination of this Agreement: (a) all Agency rights under this Agreement terminate on the date specified in the notice of termination or if applicable, after the expiration of the 30 day cure period set forth in section 15.1 above; (b) the Agency remains responsible for all fees and charges incurred through the date of termination; and (c) Payment Terms, Warranty, Product Warnings, Indemnification, and Agency Responsibilities Sections, as well as the Evidence.com Terms of Use Appendix Sections on Agency Owns Agency Content, Data Storage, Fees and Payment, Software Services Warranty, IP Rights and License Restrictions will continue to apply in accordance with their terms. 15.4 After Termination. TASER will not delete any Agency Content as a result of a termination Title: Master Services and Purchasing Agreement with Exhibits (Signature) Page 7 of 22 Department legal Version: 2.0 Release Date: 2/29/2016 Item 5; pg. 13 during a period of 90 days following termination. During this 90-day period the Agency may retrieve Agency Content only if all amounts due have been paid (there will be no application functionality of the Evidence.com Services during this 90-day period other than the ability to retrieve Agency Content). The Agency will not incur any additional fees if Agency Content is downloaded from Evidence.com during this 90-day period. TASER has no obligation to maintain or provide any Agency Content after this 90-day period and will thereafter, unless legally prohibited, delete all of Agency Content stored in the Evidence.com Services. Upon request, TASER will provide written proof that all Agency Content has been successfully deleted and fully removed from the Evidence.com Services. 15.5 Post-Termination Assistance. TASER will provide Agency with the same post- termination data retrieval assistance that TASER generally makes available to all customers. Requests for TASER to provide additional assistance in downloading or transferring Agency Content will result in additional fees and TASER will not warrant or guarantee data integrity or readability in the external system. 16 General. 16.1 Confidentiality. Subject to Section 2 "Confidential Information" above, both Parties will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of either Party's Confidential Information. Except as required by applicable law, neither Party will disclose either Party's Confidential Information during the Term or at any time during the 5-year period following the end of the Term. 16.2 Excusable delays. TASER will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond TASER's reasonable control TASER has the right to delay or terminate the delivery with reasonable notice. Further, CITY, without being in breach of any term of this Agreement, may cancel its order for products and services as a result of the Excusable delay(s). 16.3 Force Majeure. Neither Party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the Parties' reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. In the event of a Force Majeure event, CITY may, without liability to TASER, terminate this Agreement or any order for Products or Services. 16.4 Proprietary Information. The Agency understands that TASER has asserted and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute TASER products and services, and that the Agency, without admitting the validity of TASER's assertion and claims, will not directly or indirectly cause any asserted or claimed proprietary rights to be violated. 16.5 Independent Contractors. The Parties are independent contractors. Neither Party, nor any of their respective affiliates, has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 16.6 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. Title: Master Services and Purchasing Agreement with Exhibits (Signature) Page 8 of 22 Department: Legal Version: 2.0 Release Date: 2129/2016 Item 5; pg. 14 16.7 Non-discrimination and Equal Opportunity. During the performance of this Agreement, neither the Parties nor the Party's employees will discriminate against any person, whether employed by a Party or otherwise, on the basis of basis of race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. In all solicitations or advertisements for employees, agents, subcontractors or others to be engaged by a Party or placed by or on behalf of a Party, the solicitation or advertisement shall state all qualified applicants shall receive consideration for employment without regard to race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. 16.8 U.S. Government Rights. Any Evidence.com Services provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" will have the same rights and restrictions generally applicable to the Evidence.com Services. If the Agency is using the Evidence. com Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, the Agency will immediately discontinue use of the Evidence.com Services. The terms "commercial item," "commercial computer software,""commercial computer software documentation," and "technical data" are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. 16.9 Import and Export Compliance. In connection with this Agreement, each Party will comply with all applicable import, re-import, export, and re-export control laws and regulations. 16.10 Assignment. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. TASER may assign or otherwise transfer this Agreement or any of our rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of our assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 16.11 No Waivers. The failure by either Party to enforce any provision of this Agreement will not constitute a present or future waiver of the provision nor limit the Party's right to enforce the provision at a later time. 16.12 Severability. This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. 16.13 Governing Law; Venue. The laws of the state where the Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 16.14 Notices. All communications and notices to be made or given pursuant to this Agreement must be in the English language. Notices provided by posting on the Agency's Evidence.com site will be effective upon posting and notices provided by email will be effective when the email was sent. Notices provided by personal delivery will be effective immediately. Contact information for notices: Title: Master Services and Purchasing Agreement with Exhibits (Signature) Page 9 of 22 Department: Legal Version: 2.0 Release Date: 2129/2016 Item 5; pg. 15 TASER: TASER International, Inc. ATTN: Contracts 17800 N. 85th Street Scottsdale, Arizona 85255 contracts@taser.com AGENCY: Maria Callander Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 maria.callander@carlsbadca.gov 16.15 Entire Agreement. This Agreement, including the APPENDICES attached hereto, and the Policies and the quote provided by TASER, represents the entire agreement between the Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties, whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the Parties to this Agreement. If TASER provides a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict. 16.16 Counterparts. If this Agreement form requires the signatures of the Parties, then this Agreement may be executed by electronic signature in multiple counterparts, each of which is considered an original. SIGNATURES APPEAR ON FOLLOWING PAGE Title: Master Services and Purchasing Agreement with Exhibits (Signature) Page 10 of 22 Department: legal Version: 2.0 Release Date: 2129!2016 Item 5; pg. 16 Q)TA!3ER Protect L1fe IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of signature, duly authorized to execute this Agreement. TASER Inter_;p!_'ona. I, In_ c. l3 City of Carl ·. · ,_;;.}/( /J/j Signature: -~ · ~~ ---·-··· Signature: ~4/'o/V~ Name: \)Q-f"\ Y:x:;)-.,x··eo(l~ Name: Matt Hall Title: Mayor Title: --"-(_ .... w..f.,_C"'-") ___________ _ Date: _ ____,Lo~j_.,.B9/_,_I ~4~"---------- Address: Address: 1635 Faraday Avenue, Carlsbad, CA 92010 17800 N. 85th Street Scottsdale, AZ 85255 Attn: Contracts Email: contracts@taser.com (ACKNOWLEDGMEND STATE 0 F fJ Y' r .A..£> h,_.tA.._ ) ss. COUNTY OF #I'V/@1( CPPP-) , On ?Y/~,(), {)_0/C. , 2016, before me personally appeared iJ~ /h.e..hr~-l-, the CrO of Taser International, Inc., 9!n) Delaware corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf ofthe corporation. ;?~1rJ.~ Notary Public (Affix notary se~lllililollllo)ool...,.~lloolllillll_.,.....,...,..,...,,. • • Title: Master Services and Pur<e:hasing Agreement with Exhibits (Signature} Department: legal Version: 2.0 Roloase Date: 2!2912016 Page 11 of 22 Item 5; pg. 17 Evidence.com Terms of Use Appendix 1 1 Access Rights. Upon the purchase or granting of a subscription from TASER and the opening of an Evidence.com account the Agency will have access and use of the Evidence.com Services for the storage and management of Agency Content during the subscription term (Term). The Evidence.com Service and data storage are subject to usage limits. The Evidence.com Service may not be accessed by more than the number of end users specified in the Quote. If Agency becomes aware of any violation of this Agreement by an end user, the Agency will immediately terminate that end user's access to Agency Content and the Evidence.com Services. 2 Agency Owns Agency Content. The Agency controls and owns all right, title, and interest in and to Agency Content and TASER obtains no rights to the Agency Content and the Agency Content are not business records of TASER. The Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of Agency Content. TASER will have limited access to Agency Content solely for the purpose of providing and supporting the Evidence.com Services to the Agency and Agency end users. The Agency represents that the Agency owns Agency Content; and that none of Agency Content or Agency end users' use of Agency Content or the Evidence. com Services will violate this Agreement or applicable laws. 3 Evidence.com Data Securitv. 3.1. Generally. TASER will implement commercially reasonable and appropriate measures designed to secure Agency Content against accidental or unlawful loss, access or disclosure. TASER will maintain a comprehensive Information Security Program (ISP) that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence uploaded, security education, risk management, and data protection. The Agency is responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content. Log-in credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. The Agency agrees to be responsible for all activities undertaken by the Agency, Agency employees, Agency contractors or agents, and Agency end users which result in unauthorized access to the Agency account or Agency Content. Audit log tracking for the video data is an automatic feature of the Services which provides details as to who accesses the video data and may be downloaded by the Agency at any time. The Agency shall contact TASER immediately if an unauthorized third party may be using the Agency account or Agency Content or if account information is lost or stolen. 3.2. FBI CJIS Security Addendum. For customers based in the United States, TASER agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Addendum for the Term of this Agreement. 4 Our Support. TASER will make available updates as released by TASER to the Evidence.com Services. Updates may be provided electronicallyvia the Internet. TASER will use reasonable efforts to continue supporting the previous version of any API or software for 6 months after the change (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities. The Agency is responsible for maintaining the computer equipment and Internet connections necessary for use of the Evidence.com Services. Title: Master Services and Purchasing Agreement with Exhibits {Signature) Page 12 of 22 Department legal Version: 2.0 Release Date: 2129/2016 Item 5; pg. 18 5 Data Privacy. TASER will not disclose Agency Content or any information about the Agency except as compelled by a court or administrative body or required by any law or regulation. TASER will give notice if any disclosure request is received for Agency Content so the Agency may file an objection with the court or administrative body. The Agency agrees to allow TASER access to certain information from the Agency in order to: (a) perform troubleshooting services for the account upon request or as part of our regular diagnostic screenings; (b) enforce this agreement or policies governing use of Evidence.com Services; or (c) perform analytic and diagnostic evaluations of the systems. 6 Data Storage. TASER will determine the locations of the data centers in which Agency Content will be stored and accessible by Agency end users. For United States customers, TASER will ensure that all Agency Content stored in the Evidence.com Services remains within the United States including any backup data, replication sites, and disaster recovery sites. TASER may transfer Agency Content to third parties for the purpose of storage of Agency Content so long as said third parties store Agency Content in the United States, are OIS compliant, and in the same manner as TASER stores Agency Content for its United States customers. Third party subcontractors responsible for storage of Agency Content are contracted by TASER for data storage services. Ownership of Agency Content remains with the Agency. For use of an Unlimited Evidence.com License unlimited data may be stored in the Agency's Evidence.com account if the data originates from a TASER device. For use of Totally Unlimited Evidence.com Licenses TASER reserves the right to limit the types of content the Agency can store and share using the Services. 7 Fees and Payment. Additional end users may be added during the Term at the pricing in effect at the time of purchase of additional end users, prorated for the duration of the Term. Additional end user accounts will terminate on the same date as the pre-existing subscriptions. TASER reserves the right to charge additional fees for exceeding purchased storage amounts or for TASER's assistance in the downloading or exporting of Agency Content. 8 Suspension of Evidence.com Services. TASER may suspend Agency access or any end user's right to access or use any portion or all of the Evidence.com Services immediately upon notice in accordance with the following: 8.1. The Termination provisions of the Master Service Agreement apply; 8.2. The Agency or an end user's use of or registration for the Evidence. com Services (i) poses a security risk to the Evidence.com Services or any third party, (ii) may adversely impact the Evidence.com Services or the systems or content of any other customer, (iii) may subject TASER, TASER's affiliates, or any third party to liability, or (iv) may be fraudulent; 8.3. If TASER suspends the right to access or use any portion or all of the Evidence.com Services, the Agency remains responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension. TASER will not delete any of Agency Content on Evidence.com as a result of a suspension, except as specified elsewhere in this Agreement. 9 Software Services Warrantv. TASER warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. TASER disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to the Evidence.com Services. 10 License Restrictions. Neither the Agency nor any Agency end users may, or attempt to: (a) permit any third party to access the Evidence.com Services except as permitted in this Agreement; (b) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Title: Master Services and Purchasing Agreement with Exhibits ~Signature) Page 13 of 22 Department legal Version: 2.0 Release Date: 212912016 Item 5; pg. 19 Evidence.com Services; (c) reverse engineer, disassemble, or decompile the Evidence.com Services or apply any other process or procedure to derive the source code of any software included in the Evidence.com Services, or allow any others to do the same; (d) access or use the Evidence.com Services in a way intended to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; (e) copy the Evidence.com Services in whole or part, except as expressly permitted in this Agreement; (f) use trade secret information contained in the Evidence.com Services, except as expressly permitted in this Agreement; (g) resell, rent, loan, or sublicense the Evidence.com Services; (h) access the Evidence.com Services in order to build a competitive product or service or copy any features, functions, or graphics of the Evidence.com Services; (i) remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of ours or our licensors on or within the Evidence.com Services or any copies of the Evidence. com Services; or (j) use the Evidence. com Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third party privacy rights, or to store or transmit malicious code. All licenses granted in this Agreement are conditional on continued compliance this Agreement, and will immediately and automatically terminate if the Agency does not comply with any term or condition of this Agreement. The Agency may only use our trademarks in accordance with the TASER Trademark Use Guidelines (located at www.TASER.com). Title: Master Services and Purchasing Agreement with Exhibits !Signature) Page 14 of 22 Department Legal Version: 2.0 Release Date: 2129/2016 Item 5; pg. 20 Professional Services Appendix 2 1 Scope of Services. The project scope will consist of the Services identified on the Quote. 1.1. The Package for the Axon and Evidence.com related Services are detailed below: System set up and configuration Setup Axon® Mobile on smart phones (if applicable). Configure categories & custom roles based on Agency need. Troubleshoot IT issues with Evidence.com and Evidence.com Dock (Dock) access. Work with IT to install EVIDENCE Sync software on locked-down computers (if applicable). One on-site session included. Dock installation Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. Authenticate Dock with Evidence.com using "admin" credentials from Agency. Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment. On site Assistance Included Dedicated Project Manager Assignment of a specific TASER representative for all aspects of planning the Product rollout (Project Manager). Ideally, the Project Manager will be assigned to the Agency 4-6 weeks prior to rollout. Weekly project planning meetings Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units, Docks and Evidence.com account training based on size, timing of rollout and Agency's desired level of training. Up to 4 weekly meetings leading up to the Evidence.com Dock installation of not more than 30 minutes in length. Best practice implementation planning session-1 on-site session to: Provide considerations for establishment of video policy and system operations best practices based on TASER's observations with other agencies. Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management. Provide referrals of other agencies using the Axon camera products and Evidence.com services Create project plan for larger deployments. Recommend rollout plan based on review of shift schedules. System Admin and troubleshooting training sessions 2 on-site sessions-each providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Evidence.com. Axon instructor training Prior to general user training on Axon camera systems and Evidence.com services, TASER's on-site professional services team will provide training for instructors who can support the Agency's subsequent Axon camera and Evidence.com training needs. End user go live training and support sessions Provide individual device set up and configuration assistance; pairing with viewers when applicable; and training on device use, Evidence.com and EVIDENCE Sync. Implementation document packet Evidence.com administrator guides, camera implementation guides, network setup guide, sample policies, and r::lh~nnriPC: & roleS 1.2. Additional training days may be added on to any service package for additional fees set forth in the Quote or as further described in Appendix 2 Professional Services, section 2, Out of Scoper Services. Title: Master Services and Purchasing Agreement with Exhibits !Signature) Page 15 of 22 Department legal Version: 2.0 Release Date: 212.9/2016 Item 5; pg. 21 Q)TASER '"" Protect Life 2 Out of Scope Services. TASER will perform the Services outlined in Section 1.1 of this Appendix over the course of 4 days. TASER is responsible to perform only the Services described in this Agreement and on the Quote. Any additional services discussed or implied that are not defined explicitly by the Quote will be considered out of the scope. In the event Agency wishes to purchase additional days of Services, the Agency may request TASER provide a quote for additional days of Services. Each additional day of Service will be $2,000. 3 Delivery of Services. 3.1. Hours and Travel. TASER personnel will work within normal business hours, Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays unless otherwise agreed in advance. All tasks on-site will be performed over a consecutive timeframe unless otherwise agreed to by the Parties in advance. Travel time by TASER personnel to Agency premises will not be charged as work hours performed. 3.2. Changes to Services. Changes to the scope of Services must be documented and agreed upon by the Parties in a change order. Changes may require an equitable adjustment in the charges or schedule. 4 Authorization to Access Computer Systems to Perform Services. The Agency will provide supervised access to TASER to access relevant Agency computers and network systems solely for the purpose of performing the Services. TASER will work diligently to identify as soon as reasonably practicable the resources and information TASER expects to use, and will provide an initial itemized list to the Agency. The Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by the Agency. 5 Site Preparation and Installation. Prior to delivering any Services, TASER will provide 1 copy of the then-current user documentation for the Services and related Products in paper or electronic form (Product User Documentation). The Product User Documentation will include all environmental specifications that must be met in order for the Services and related Products to operate in accordance with the Product User Documentation. Prior to the installation of Product (whether performed by the Agency or TASER), the Agency must prepare the Installation Site in accordance with the environmental specifications set forth in the Product User Documentation. Following the installation of the Products, the Agency must maintain the Installation Site where the Products have been installed in accordance with the environmental specifications set forth in the Product User Documentation. In the event that there are any updates or modifications to the Product User Documentation for any Products provided by TASER under this Agreement, including the environmental specifications for the Products, TASER will provide the updates or modifications to Agency when they are generally released by TASER to TASER customers. 6 Acceptance Checklist. In order to achieve final acceptance, all docking equipment will have been installed and in working order onsite at the City, all personel will have been trained on the usage of their assigned cameras, and all cameras will have been in productive use for 30 calendar days and successfully uploading content to evidence.com. TASER will present an Acceptance Checklist (Checklist) upon completion of the Services that will exactly mirror the description of services within this Section. The Agency will sign the Checklist acknowledging completion of the Services once the on-site service session has been completed. If the Agency reasonably believes that TASER did not complete the Services in substantial conformance with this Agreement, the Agency must notify TASER in writing of the specific reasons for rejection of the Services within 7 calendar days from delivery of the Checklist. TASER will address the issues and then will re-present the Checklist for approval and signature. If TASER does not receive the signed Checklist or a Title: Master Services and Purchasing Agreement with Exhibits (Signature) Page 16 of 22 Department: legal Version: 2.0 Release Date: 2/29!2016 Item 5; pg. 22 Q)T.ASER "' Protect Life written notification of the reasons for the rejection of the performance of the Services within 7 calendar days of delivery of the Checklist, the absence of the Agency response will constitute affirmative acceptance of the Services, and a waiver of any right of rejection. 7 Liability for Loss or Corruption of Data. The Agency is responsible for: (i) instituting proper and timely backup procedures for Agency software and data; (ii) creating timely backup copies of Agency software or data that may be damaged, lost, or corrupted due to our provision of Services; and (iii) using backup copies to restore any Agency software or data in the event of any loss of, damage to, or corruption of the operational version of Agency software or data, even if such damage, loss, or corruption is due to TASER negligence. However, regardless of any assistance provided by TASER: (i) TASER will in no way be liable for the accuracy, completeness, success, or results of efforts to restore Agency software or data; (ii) any assistance provided by TASER under this Section is without warranty, express or implied; and (iii) in no event will TASER be liable for loss of, damage to, or corruption of Agency data from any cause. Title: Master Services and Purchasing Agreement with Exhibits ~Slgnarure) Page 17 of 22 Department Legal Version: 2.0 Release Date: 2129/2016 Item 5; pg. 23 TASER Assurance Plan Appendix 3 The TASER Assurance Plan or "TAP" has been purchased as part of the Quote attached to this Agreement. TAP provides hardware extended warranty coverage, Spare Products, and Upgrade Models at the end of the TAP Term. TAP only applies to the TASER Product listed in the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website. The Agency may not buy more than one TAP for any one covered Product. 1 TAP Warranty Coverage. TAP includes the extended warranty coverage described in the current hardware warranty. TAP warranty coverage starts at the beginning of the TAP Term and continues as long as the Agency continues to pay the required annual fees for TAP. The Agency may not have both an optional extended warranty and TAP on the Axon camera/Dock product. TAP for the Axon camera products also includes free replacement of the Axon flex controller battery and Axon body battery during the TAP Term for any failure that is not specifically excluded from the Hardware Warranty. 2 TAP Term. TAP Warranty Term start date begins on the first day following the expiration date of the manufacture's warranty period for the Products/hardware/software services purchased in the Quote and covered under TAP. The TAP Term is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the following month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month. 3 SPARE Product. TASER will provide a predetermined number of spare Products for those hardware items and accessories listed in the Quote (collectively the "Spare Products'') to keep at the Agency location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. The Agency must return to TASER, through TASER's RMA process, any broken or non-functioning units for which a Spare Product is utilized, and TASER will repair or replace the non-functioning unit with a replacement product. TASER warrants it will repair or replace the unit which fails to function for any reason not excluded by the TAP warranty coverage, during the TAP Term with the same product or a like product, at TASER's sole option. The Agency may not buy a new TAP for the replacement product or the Spare Product. 3.1. Within 30 days of the end of the TAP Term the Agency must return to TASER all Spare Products. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products not returned to TASER. If all the Spare Products are returned to TASER, then TASER will refresh the allotted number of Spare Products with Upgrade Models if the Agency purchases a new TAP for the Upgrade Models. 4 Click here to enter text 5 TAP Uoarade Models. Upgrade Models are to be provided as follows during and/or after the TAP Term: (i) an upgrade will provided in year 3 if the Agency purchased 3 years of Evidence.com services with Ultimate Licenses or Unlimited Licenses and all TAP payments are made; or (ii) 2.5 years after the Effective Date and once again 5 years after the Effective Date if the Agency purchased 5 years of Evidence.com services with an Ultimate License or Unlimited Licenses or OSP and made all TAP payments. Click here to enter text Any products replaced within the six months prior to the scheduled upgrade will be deemed the Title: Master Services and Purchasing Agreement with Exhibits ~Signature) Page 18 of 22 Department: legal Version: 2.0 Release Date: 2129/2016 Item 5; pg. 24 Upgrade Model. Thirty days after the Upgrade Models are received, the Agency must return the products to TASER or TASER will deactivate the serial numbers for the products received unless the Agency purchases additional Evidence.com licenses for the Axon camera products the Agency is keeping. The Agency may buy a new TAP for any Upgraded Model. 5.1. TAP Axon Camera Upgrade Models. 5.1.1. If the Agency purchased TAP for Axon Cameras as a stand-alone service, then TASER will upgrade the Axon camera (and controller if applicable), free of charge, with a new on-officer video camera that is the same product or a like product, at TASER's sole option. TASER makes no guarantee that the Upgrade Model will utilize the same accessories or Dock. If the Agency would like to change product models for the Upgrade Model, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model that will be acquired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 5.1.2. If the Agency purchased Unlimited License or OSP, then TASER will upgrade the Axon camera (and controller if applicable), free of charge, with a new on-officer video camera of the Agency's choice. 5.2. TAP Dock Upgrade Models. TASER will upgrade the Dock free of charge, with a new Dock with the same number of bays that is the same product or a like product, at TASER's sole option. If the Agency would like to change product models for the Upgrade Model or add additional bays, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model desired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 6 TAP Termination. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments for the Evidence.com services then TASER may terminate TAP and all outstanding Product related TAPs. TASER will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 6.1. TAP coverage will terminate as of the date of termination and no refunds will be given. 6.2. TASER will not and has no obligation to provide the free Upgrade Models. 6.3. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products provided under TAP. If the Spare Products are returned within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product invoice. 6.4. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 6.5. If the Agency received Axon Products free of charge and TAP is terminated before the end of the term then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid as part of the TAP before the termination date; or (b) only in the case of termination for non-appropriations, return the Products to TASER within 30 days of the date of termination. 6.6. If the Agency made two or more annual TAP payments, then the Agency will: retain the extended warranty coverage; receive a 50% credit for the difference between TAP payments paid prior to termination and the extended warranty price then in effect for each Title: Master Services and Purchasing Agreement with Exhibits (Signature) Page 19 of 22 Department: legal Version: 2.0 Release Data: 2129/2016 Item 5; pg. 25 CEW covered under TAP; and have until the date listed on the termination notification to apply that credit toward the purchase of any TASER products. The credit amount available and expiration date of the credit will be provided as part of the termination notification. 6.7. If the Agency made only one annual TAP payment, then the Agency may elect to pay the difference between the price for the extended warranty then in effect and the payments made under TAP to continue extended warranty coverage. This election must be made when written notice of cancellation is submitted by the Agency. If the Agency does not elect to continue with an extended warranty, then warranty coverage will terminate as of the date of cancellation/termination. 6.8. If the Agency received a credit towards the first TAP payment as part of a trade-in promotion, then upon cancellation/termination the Agency will be assessed a $100 cancellation fee for each covered Product. Title: Master Services and Purchasing Agreement with Exhibits jSignature) Page 20 of 22 Department: legal Version: 2.0 Release Date: 2/29/2016 Item 5; pg. 26 Service Level Agreement Appendix 4 This Service Level Agreement (SLA) is a policy governing the use of the Evidence.com™ Service offerings. 1 Service Commitment. Apart from maintenance described in Section 2, TASER will use reasonable efforts to make the Service Offerings available 99.9% of the time 7 days per week on a 24-hour basis. 2 Maintenance. 2.1 Scheduled maintenance will take place according to our prevailing routine maintenance schedule. Routine maintenance is currently scheduled on the fourth Tuesday of each month from 7:00 am to 8:00 pm Pacific Standard Time. Maintenance periods may periodically result in the Service Offerings being unavailable. When possible, TASER will give notice 1 week prior to any changes to the maintenance schedule. 2.2 Emergency maintenance may have less than a 24-hour notification period. Emergency maintenance may be performed at any time, with or without notice as deemed necessary byTASER. 3 After Hours Emergency Support. Help@EVIDENCE.com. Evidence.com Help Desk are available at 4 Response Times. Issue Description Targeted Targeted Classification Response Time Resolution Time* Severity 1 . Business critical function is down As soon as Less than 24 . Material impact to Customer's business possible, using hours . No workaround exists reasonable commercial efforts Severity 2 • Business critical function is impaired or 1 Business Day Less than 2 degraded weeks • There are time-sensitive issues that materially impact ongoing production • Workaround exists, but it is only temporary Severity 3 • Non-critical function down or impaired 1 Business Day Mutually agreed . Does not have significant current timeframe based production impact on prioritization. . Performance is degraded * Resolution time is a target, but may not be possible with all reported issues depending on circumstances. 5 Backup. TASER will administer system backup according to our prevailing backup plan. The Agency retains rights to all Agency Content and user data contained in the backups in accordance with this Agreement. The Service Offerings will alert the Agency Administrator(s) of upcoming scheduled evidence deletions within the system and the Agency Administrator(s) may delay deletion by either re-categorizing that evidence or by selecting the option to extend the retention period. Once evidence is deleted it is unrecoverable. Title: Master Services and Purchasing Agreement with Exhibits !Signature) Page 21 of 22 Department Legal Version: 2.0 Release Date: 2129/2016 Item 5; pg. 27 Q)TASER Protect L1fe 6 Exclusions. The Service Commitment does not apply to any unavailability, suspension or termination of the Service Offerings, or any other Evidence.com performance issues: (a) caused by factors outside of our reasonable control, including any force majeure event, terrorism, sabotage, virus attacks, or Internet access or related problems beyond the demarcation point of the Service Offerings (including Domain Name Server issues outside TASER's direct control); (b) that result from any actions or inactions of the Agency or any third party; (c) that result from the Agency's communication delays, including wrong, bad or missing data, improperly formatted, organized or transmitted data received, or any other data issues related to the communication or data received from or through the Agency; (d) that result from Agency equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within TASER's direct control); (e) that result from any maintenance as provided for pursuant to this SLA; or (f) arising from TASER's suspension and termination of Agency's right to use the Service Offerings in accordance with this Agreement. Title: Master Services and Purchasing Agreement with EKhibits !Signature) Page 22 of 22 Department legal Version: 2.0 Release Date: 2/29/2016 Item 5; pg. 28 TASER International Protect Lifo. Protect Truth. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: Maria Callander (760) 93 1-2176 maria.callander@carlsbadca.gov Bill To: Carlsbad Police Dept. 2560 Orion Way Carlsbad, CA 92010 us Ship To: Maria Callander Carlsbad Police Dept. 2560 Orion Way Carlsbad, CA 92010 us TASER Quotation Quote: Q-62674-3 Date: 4/25/2016 10:11 AM Quote Expiration: 6/30/2016 Contract Start Date*: 711 /2016 Contract Term: 5 years AX Account Number: 107057 SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Dan Hilderman dhilderman@taser.com Fedex -Ground Net30 *Note this will vary based on the shipment date of the product. Year I with Body 2 due net 30 days 108 Body 2 cams 108 Unlimited licenses 18 Dock 2 5 single bay dock 2 \32 Android viewers Onsite training (axon full service) QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT($) NET TOTAL PRICE DISCOUNT 1 85055 PREMIUM PLUS SERVICE USD USD 15,000.00 USD 0.00 USD 15,000.00 15,000.00 108 85123 EVIDENCE.COM UNLIMITED LICENSE USD 948.00 USD 102,384.00 USD 21,600.00 USD 80,784.00 YEAR 1 PAYMENT 4,320 85 110 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USD 0.00 USDO.OO USDO.OO 2 89101 PROFESSIONAL EVIDENCE.COM USD468.00 USD 936.00 USDO.OO USD 936.00 LICENSE: YEAR I PAYMENT 60 851 10 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 Page I of5 Item 5; pg. 29 QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT ($) NET TOTAL PRICE DISCOUNT 108 74001 AXON CAMERA ASSEMBLY, ONLINE, USD 399.00 USD 43,092.00 USD 0.00 USD 43,092.00 AXONBODY2 108 74020 MAGNET MOUNT, FLEXIBLE, AXON USD 0.00 USD 0.00 USD 0.00 USD 0.00 BODY2 55 74021 MAGNET MOUNT, THICK OUTERWEAR, USD 0.00 USD 0.00 USD 0.00 USD 0.00 AXONBODY2 26 74022 SM POCKET MOUNT, 4", AXON BODY 2 USD 0.00 USDO.OO USD 0.00 USD 0.00 27 74023 LG POCKET MOUNT, 6", AXON BODY 2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 108 73004 WALL CHARGER USB SYNC CABLE, USD 0.00 USD 0.00 USD 0.00 USD 0.00 FLEX 18 74008 AXON DOCK, 6 BAY+ CORE, AXON USD USD 26,910.00 USD 0.00 USD 26,910.00 BODY2 1,495.00 18 70033 WALL MOUNT BRACKET, ASSY, USD 35.00 USD630.00 USD 0.00 USD 630.00 EVIDENCE. COM DOCK 18 87026 TASER ASSURANCE PLAN DOCK 2 USD216.00 USD 3,888.00 USD 0.00 USD 3,888.00 ANNUAL PAYMENT 4 74001 AXON CAMERA ASSEMBLY, ONLINE, USD 0.00 USD 0.00 USD 0.00 USD 0.00 AXONBODY2 5 74009 AXON DOCK, SINGLE BAY+ CORE, USD249.00 USD 1,245.00 USD 0.00 USD 1,245.00 AXONBODY2 5 85079 TASER ASSURANCE PLAN E1MI USD 36.00 USD 180.00 USD 0.00 USD 180.00 EVIDENCE. COM DOCK ANNUAL PAYMENT 132 73094 VIEWER I SMART DEVICE USD 199.00 USD 26,268.00 USD 0.00 USD 26,268.00 Year 1 with Body 2 due net 30 days Tax Amount: USD 14,639.78 Year 1 with Body 2 due net 30 days Discount: USD21,600.00 Year 1 with Body 2 due net 30 days Net Amount Due Including Taxes: USD 213,572.78 Year I with Flex due net 30 days 24 Flex cams 24 Unlimited licenses 2 Docks 13 single bay docks QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT ($) NET TOTAL PRICE DISCOUNT 24 85123 EVIDENCE. COM UNLIMITED LICENSE USD 948.00 USD 22,752.00 USD 4,800.00 USD 17,952.00 YEAR I PAYMENT 960 85110 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 24 73096 CAMERA SYSTEM, AXON FLEX USD 599.00 USD 14,376.00 USD 0.00 USD 14,376.00 24 73088 RATCHET COLLAR/VERSA TILE/ USD 0.00 USD 0.00 USD 0.00 USD 0.00 CAPMOUNT, FLEX 24 73036 CONTROLLER HOLSTER, BELT CLIPS, USD 0.00 USD 0.00 USD 000 USD 0.00 FLEX 9 73013 HELMET MOUNT, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 70026 EVIDENCE. COM DOCK, AXON SIX BAY USD USD 2,990.00 USD 0.00 USD 2,990.00 1,495.00 2 70033 WALL MOUNT BRACKET, ASSY, USD 35.00 USD 70.00 USD 0.00 USD 70.00 EVIDENCE. COM DOCK Page2of5 Item 5; pg. 30 QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT ($) NET TOTAL PRICE DISCOUNT 13 70023 EVIDENCE. COM DOCK, AXON SINGLE USD249.00 USD 3,237.00 USDO.OO USD 3,237.00 BAY 24 85079 TASER ASSURANCE PLAN ETM/ USD 36.00 USD 864.00 USD 0.00 USD 864.00 EVIDENCE. COM DOCK ANNUAL PAYMENT I 73096 CAMERA SYSTEM, AXON FLEX USD 0.00 USD 0.00 USD 0.00 USDO.OO I 73036 CONTROLLER, HOLSTER, BELT CLIPS, USD 0.00 USD 000 USD 0.00 USD 0.00 FLEX Year 1 with Flex due net 30 days Tax Amount: USD 3,159.14 Year 1 with Flex due net 30 days Discount: USD 4,800.00 Year 1 with Flex due net 30 days Net Amount Due Including Taxes: USD 42,648.14 Year 2, due 2017 QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT ($) NET TOTAL PRICE DISCOUNT 108 85124 EVIDENCE. COM UNLIMITED LICENSE USD 948.00 USD 102,384.00 USD 0.00 USD 102,384.00 YEAR 2 PAYMENT 4,320 85110 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 24 85124 EVIDENCE. COM UNLIMITED LICENSE USD 948.00 USD 22,752.00 USD 0.00 USD 22,752.00 YEAR 2 PAYMENT 960 85110 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89201 PROFESSIONAL EVIDENCE. COM USD468.00 USD 936.00 USD 0.00 USD 936.00 LICENSE: YEAR 2 PAYMENT 60 85110 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 18 87026 TASER ASSURANCE PLAN DOCK 2 USD216.00 USD 3,888.00 USD 0.00 USD 3,888.00 ANNUAL PAYMENT 5 85079 TASER ASSURANCE PLAN ETM/ USD 36.00 USD 180.00 USD 0.00 USD 180.00 EVIDENCE. COM DOCK ANNUAL PAYMENT 24 85079 TASER ASSURANCE PLAN ETM/ USD 36.00 USD 864.00 USD 0.00 USD 864.00 EVIDENCE. COM DOCK ANNUAL PAYMENT Year 2, due 2017 Tax Amount: USD 10,405.44 Year 2, due 2017 Net Amount Due Including Taxes: USD 141,409.44 Year 3, due 2018 QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT ($) NET TOTAL PRICE DISCOUNT 108 85125 EVIDENCE. COM UNLIMITED LICENSE USD 948.00 USD 102,384.00 USD 0.00 USD 102,384.00 YEAR 3 PAYMENT 4,320 85110 EVIDENCE. COM INCLUDED STORAGE USDO.OO USD 0.00 USD 0.00 USD 0.00 24 85125 EVIDENCE. COM UNLIMITED LICENSE USD 948.00 USD 22,752.00 USD 0.00 USD 22,752.00 YEAR 3 PAYMENT 960 85110 EVIDENCE. COM INCLUDED STORAGE USDO.OO USD 0.00 USD 0.00 USD 0.00 2 89301 PROFESSIONAL EVIDENCE. COM USD468.00 USD 936.00 USD 0.00 USD 936.00 LICENSE: YEAR3 PAYMENT 60 85110 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 18 87026 TASER ASSURANCE PLAN DOCK 2 USD 216.00 USD 3,888.00 USD 0.00 USD 3,888.00 ANNUAL PAYMENT Page3of5 Item 5; pg. 31 QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT ($) NET TOTAL PRICE DISCOUNT 5 85079 TASER ASSURANCE PLAN ETM/ USD 36.00 USD 180.00 USD 0.00 USD 180.00 EVIDENCE. COM DOCK ANNUAL PAYMENT 24 85079 TASER ASSURANCE PLAN ETM/ USD 36.00 USD 864.00 USD 0.00 USD 864.00 EVIDENCE. COM DOCK ANNUAL PAYMENT Year 3, due 2018 Tax Amount: USD 10,405.44 Year 3, due 2018 Net Amount Due Including Taxes: USD 141,409.44 Year 4, due 2019 QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT ($) NET TOTAL PRICE DISCOUNT 108 85126 EVIDENCE. COM UNLIMITED LICENSE USD 948.00 USD 102,384.00 USD 0.00 USD 102,384.00 YEAR 4 PAYMENT 4,320 85110 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 24 85126 EVIDENCE. COM UNLIMITED LICENSE USD 948.00 USD 22,752.00 USD 0.00 USD 22,752.00 YEAR 4 PAYMENT 960 85110 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USDO.OO USD 0.00 USD 0.00 2 89401 PROFESSIONAL EVIDENCE. COM USD468.00 USD 936.00 USD 0.00 USD 936.00 LICENSE: YEAR 4 PAYMENT 60 85110 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 18 87026 TASER ASSURANCE PLAN DOCK 2 USD216.00 USD 3,888.00 USD 0.00 USD 3,888.00 ANNUAL PAYMENT 5 85079 TASER ASSURANCE PLAN ETM/ USD 36.00 USD 180.00 USD 0.00 USD 180.00 EVIDENCE. COM DOCK ANNUAL PAYMENT 24 85079 TASER ASSURANCE PLAN ETM/ USD 36.00 USD 864.00 USD 0.00 USD 864.00 EVIDENCE. COM DOCK ANNUAL PAYMENT Year 4, due 2019 Tax Amount: USD 10,405.44 Year 4, due 2019 Net Amount Due Including Taxes: USD 141,409.44 Year 5, due 2020 QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT ($) NET TOTAL PRICE DISCOUNT 108 85127 EVIDENCE. COM UNLIMITED LICENSE USD 948.00 USD 102,384.00 USD 0.00 USD 102,384.00 YEAR 5 PAYMENT 4,320 85110 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USD 0.00 USDO.OO USD 0.00 24 85127 EVIDENCE. COM UNLIMITED LICENSE USD 948.00 USD 22,752.00 USD 0.00 USD 22,752.00 YEAR 5 PAYMENT 960 85110 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89501 PROFESSIONAL EVIDENCE. COM USD 468.00 USD 936.00 USD 0.00 USD 936.00 LICENSE: YEAR 5 PAYMENT 60 85110 EVIDENCE. COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 18 87026 TASER ASSURANCE PLAN DOCK 2 USD216.00 USD 3,888.00 USD 0.00 USD 3,888.00 ANNUAL PAYMENT 5 85079 TASER ASSURANCE PLAN ETM/ USD 36.00 USD 180.00 USDO.OO USD 180.00 EVIDENCE. COM DOCK ANNUAL PAYMENT Page 4 of5 Item 5; pg. 32 QTY ITEM# DESCRIPTION UNIT TOTAL BEFORE DISCOUNT ($) NET TOTAL PRICE DISCOUNT 24 85079 TASER ASSURANCE PLAN ETM/ USD 36.00 USD 864.00 USD 000 USD 864.00 EVIDENCE COM DOCK ANNUAL PAYMENT Year 5, due 2020 Tax Amount: USD 10,405.44 Year 5, due 2020 Net Amount Due Including Taxes: USD 141,409.44 Subtotal USD 762,438.00 Estimated Shipping & Handling Cost USD 1,188.18 ~------------~ Estimated Tax USD 59,420.68 Grand Total USD 823,046.86 Axon Pre-order Thank you for your interest in Axon! This pre-order is a commitment to purchase Axon Body 2 and/or Axon Fleet. Axon Body 2 is available for delivery between 8-10 weeks after purchase date. Axon Fleet is available for delivery between August 1, 2016 and August 14,2016. You will be notified ifthere are any delays. TASER reserves the right to make product changes without notice. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certifY that you have read and agree to the provisions set forth in this Quote and TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers or, in the alternative, TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers for Sales with Financing if your purchase involves financing with T ASER. If your purchase includes the T ASER Assurance Plan (TAP), then you are also agreeing to TASER's current Sales Terms and Conditions for the AXON Flex™ and AXON Body™ Cameras TASER Assurance Plan (U.S. Only) and/or Sales Terms and Conditions for the X2/X26P and TASER CAM HD Recorder TASER Assurance Plan (U.S. Only), as applicable to your product purchase. All of the sales terms and conditions, as well as, the TAP terms and conditions are posted at http://www.taser.com/sales-terms-and-conditions. If your purchase includes AXON hardware and/or EVIDENCE.com services you are also agreeing to the terms in the EVIDENCE. com Master Service Agreement posted at https://ww-w.taser.com/serviceagreementl4. If your purchase includes Professional Services, you are also agreeing to the terms in the Professional Service Agreement posted at https://www.taser.com/professional-services-agreement. If your purchase includes Integration Services, you are also agreeing to the terms in the SOW posted at https://www.taser.com/integrationstatementofWorkl4. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to TASER that you have legal authority to bind that entity. 1fyou do not have this authority, do not sign this Quote. Signature: Date: Name (Print): Title: PO# (if needed): Quote: Q-62674-3 Please sign and email to Dan Hilderman at dhilderman@taser.com or fax to THANK YOU FOR YOUR BUSINESS! 'Protect Life' and© are trademarks ofTASER International, Inc., and TASER® is a registered trademark ofTASER International, Inc., registered in the U.S. © 2013 TASER International, Inc. All rights reserved. Page 5 of5 Item 5; pg. 33 FIRST AMENDMENT TO MEMORANDUM OF AGREElVIENT BETWEEN THE CITY OF SAN DIEGO, THE COUNTY OF SAN DIEGO, AND PARTICIPATING CITIES 11~ THE COUNTY OF SAN DIEGO, FOR DISBURSING CALIFORl~IA BOARD OF STATE AND COMiVruNITY CORRECTIONS (BSCC) POLICE GRANT FUNDS AMONG THE PARTIES TH;Ifi FIRST AlVIENDMENT TO THE AGREEMENT is made and entered into this ~day of Ol!iZ?bU 2015, by and between the City of San Diego, California, herein referred to as FISCAL AGENT, and the County of San Diego, and the cities of Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, National City, and Oceanside, (referred to collectively as the PARTIES), acting by and through their respective law enforcement agencies and authorized representative(s) from those agencies. RECITALS WHEREAS, the FISCAL AGENT and the PARTIES entered into an AGREEMENT, dated October 15, 2014, for the purpose of allocating BSCC Police Grant funds and disbursing those funds; and WHEREAS, the FISCAL AGENT and the PARTIES wish to amend the AGREEMENT to address disbursement ofBSCC Police Grant funds for Fiscal Year 2015 through 2016. TERMS 1. Section 1 of the AGREEMENT is amended in part, to read as follows: Section 1. The PARTIES agree that fund allocations will be calculated from a formula that considers both the percentage of general population as determined by the California Department of Finance published as of January 1, 2015, and estimates of AB-109 offenders in each respective community. (Attachment 1.) 2. Section 13 of the AGREEMENT is amended in part, to read as follows: Section 13. This First Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 3. This First Amendment will be effective when signed by all the PARTIES and approved by the City Attorney for the FISCAL AGENT. 4. All provisions of the AGREEMENT not addressed in this First Amendment remain in full force and effect. [The remainder of this page has been intentionally left blank] 1094269 Page I of4 Item 5; pg. 34 CITY OF SAl'!" DIEGO, CALIFORl'\lA Shelley Zirnmerma!(Ghie~ .. o''f ~?lice APPROVED AS TO F~ FOR FISCAL AGENT JAl'f I. GOLDSl\tiiTH, CITY ATTOR.J'\"EY Date IO ·tO·~OI? Date COUNTY SHERIFF OF SAl'!" DIEGO, CALIFORNIA REPRESENTING LAW ENFORCEMENT FOR COUNTY OF SAN DIEGO, CALIFOR.J'fiA CITY OF DEL MAR, CALIFORNIA CITY OF ENCINITAS, CALIFORNIA CITY OF IMPERIAL BEACH, CALIFOR.!'f!A CITY OF LEMON GROVE, CALIFORNIA CITY OF POWAY, CALIFOR.J'\1A CITY OF SAN MARCOS, CALIFOR.J'\'IA CITY OF SANTEE, CALIFOM'IA CITY OF SOLANA BEACH, CALIFORNIA CITY OF VISTA, CALIFOR.J'\'IA ~I !ifo--IJA- Bill Gore, Sheriff CITY OF CARLSBAD, CALIFORNIA Neil Gallucci, Interim Chief of Police CITY OF CHULA VISTA, CALIFOR.J'I"IA 0. CITY OF CORONADO, CALIFOR.J'I"IA 1094269 Date Date / t'), ?-~ r Date 10 .. (JJ-'WIC Date Page 2 of4 Item 5; pg. 35 CITY OF EL CAJON, CALIFORNIA Date /tJ 7----1) Date CITY OF LA MESA, CALIFORJ.~IA UJ~ Walt Vasquez, C~ ......-- 1 {) .ol~ 1 -s- Date CITY OF NATIONAL CITY, CALIFORNIA y -o 7-J.;;= Date CITY OF OCEANSIDE, C ORNIA ~s~~c...~ Frank McCoy, ChiefofPolice C.____) Date 1094269 Page 3 of4 Item 5; pg. 36 FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT Attachment 1 Board of State and Community Corrections Fiscal Year 2015/2016 Police Grant Funds Disbursement-Summary Jurisdiction Law Enforcement Probationers Population Allocation Final Allocation Agency Allocation City of Carlsbad Carlsbad PD $6,802 $48,528 $27,665 City of Chula Vista Chula Vista PO $58,745 $113,143 $85,944 City of Coronado Coronado PO $618 $10,305 $5,462 City of San Diego San Diego PD $486,036 $599,972 $593,004 County of San Diego San Diego Sheriff $565,187 $407,084 $436,135 City of El Cajon El Cajon PD $92,755 $44,489 $68,622 City of Escondido Escondido PO $74,204 $64,597 $69,400 City of La Mesa La Mesa PD $14,841 $25,793 $20,317 City of National City National City PO $49,469 $26,238 $37,853 City of Oceanside Oceanside PO $66,784 $75,292 $71,038 Total $1,415,440 $1,415,440 $1,415,440 Notes: Population allocations for Cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach, and Vista are included in the County of San Diego allocation. Rnal allocation based on 1/2 the allocation derived from percentages of population and probationers. County of San Diego (Sheriff) allocation includes Balance of County, Out of County, and No Known City Figures. $50,000 of County of San Diego (Sheriff) allocation has been designated for City of San Diego. Tuesday,August25, 2015 Prepared by: SDPD Administrative Services !094269 Page 4 of4 Item 5; pg. 37 OFFICERS Craig Carter-President Escondido Police Department Manuel Rodriguez-Vice President National City Police Department Jon Froomin ~Treasurer Coronado Police Department Rueben Littlejohn-Secretary San Diego Unified School District EXECUTIVE BOARD Gregory Archambeault ICEERO jim Abele CHP, Border Division Richard Barlow U.S. Border Patrol David Bejarano Chula Vis~ Police Department Eric Birnbaum FBI )ohnBoldu~ San Diego Port District Laura Dull'y U.S. Attorney Bonnie Dumanis District Attorney Mark Elvin San Diego County Sheriffs Neil Gallucci Carlsbad Police Department Adolfo Gonzales Office ofthe DJstrlctAttorneys Bill Gore San Diego Councy Sheriffs Eric Harden ATF Mack jenkins San Diego Count;v P1·obation Frank McCoy Oceanside Police Department David Murray U.S, Secret Service, SAC Gunnar Newquist NCIS David Ramirez San Diego Police Department )1m Redman El Cajon Police Department David Rose UCSD Lamine Secka San Diego State University David Shaw lCE,SAC William Sherman DEA Steve Stafford U.S, Marshal Walt Vasquez La Mesa Police Department Shelley Zimmerman San Diego Police Department LEGAL COUNSEL Martin). Mayer· ·San Diego County Police Chiefs' & Sheriffs Association 1163 N. Centre City Parkway Escondido, CA 92026 (760) 839-4706 MINUTES November 4, 2015 11 :00 AM-1 :00 PM Four Points by Sheraton, Palm Conference Center The meeting was called to order at 11:11 AM. Meeting minutes for October 7, 2015 were approved. NEXT MEETING Date: November 4 , 2015 Time: Four Points By Sheraton Present: Craig Carter, Manuel Rodriguez, Jon Froomin, Rueben Littlejohn, David Bejarano, Eric Birnbaum, John Bolduc, Bill Sherman, Steve Stafford, Bill Gore, Greg Archambeault, Adolfo Gonzales, Frank McCoy, Gunnar Newquist, Jeff Davis (for Jim Redman), Walt Vasquez, Bonnie Dumanis, Mack Jenkins, David Shaw, Paul Mendes (for Neil Gallucci) Not Present: Shelley Zimmerman, Laura Duffy, Marty Mayer, Richard Barlow, Jim Abele, Mark Elvin, Eric Harden, David Ramirez, Dave Rose, Lamine Secka, David Murray Treasurer's Report-Jon Froomin The current balance is $22,816.86. DIS 3-Day Briefings -Daron Borst (FBI)/ Paul Azevedo (DA) To date, there have been 16 OIS incidents in San Diego County this year. There has been a recommendation to invite the FBI to the 3-Day Briefings. This decision will facilitate better communication, consistency, relationship building, as well as added resources. There might be initial concerns around this change in practice. Borst added that the color of law statutes have extremely high thresholds, which should provide some comfort to the officers involved. Borst and Azevedo will engage some local law enforcement association attorney's in a conversation in effort to socialize the idea. Item 5; pg. 38 MINUTES San Diego County Police Chiefs' and Sheriff's Association Date: 11/7/15 Page 2 of 3 SO County Probation/ Escondido PO Partnership-Chief Jenkins/ Chief Carter The Escondido PD was approached by the Probation Department about having probation officers co-located at the police station. The objective was to establish a collaborative law enforcement relationship for the purposes 9f improving the exchange of information. The Escondido PD agreed. This new working relationship has improved access to resources for both departments. The officers are sharing information at line-ups and are accompanying each other on calls. Probation is doing about 8 records checks per day. Currently, the City of Escondido has 131 AB109'ers. Having probation officers available has been a very valuable resource for the police officers. The probation officers working out of the police station are armed and field trained. The Probation Department is willing to discuss expanding their resources to other police departments. Currently, there are probation offices in various parts of the county; however, there may still be opportunities for co- location. If you are interested, please contact the Probation Department. BSCC Funds for BWCs-Captain Paul Mendes (CPO) In past conversations, Chief Gallucci inquired about whether or not the AB1 09 funding that is distributed countywide by the SDPD could be used for the purchase of Body-Worn Cameras (BWCs). SDPD Assistant Chief David Ramirez consulted with legal counsel and determined this type purchase would be permissible. A · motion to allow the City of Carlsbad this ability was made by Chief Manuel Rodriguez and seconded by Chief David Bejarano. A vote was taken and there was consensus that the City of Carlsbad would be allowed to use their disbursement for this purpose. PERT Update-Chief Craig Carter (EPD) PERT has asked for a letter of support in their desire to expand. They are plso interested in looking to increase the pay for clinicians. The total compensation package for clinicians is currently $136K (including salary and benefits). Chief Carter stated that Marla Kincade has requested we support these interests and concerns. There was discussion and consensus among the membership that a competitive salary is important for the purposes of recruitment and retention. lil•11l~!·)f!:1!§ B. Duman is-TheDA's Office is due to publish its Law Enforcement Quarterly magazine. The editor is in need of law enforcement articles. The articles should be law enforcement related, but are not required to cover any specific law enforcement topic. As you may recall, this print magazine originally launched in the 1970s and provided a great deal of topical information to the law enforcement community. A recent online survey we conducted showed a strong desire to read about current law enforcement topics, news and legal updates. Our goal is to publish the first edition online in January, which will be the first in 1 0 years. The DA's Office, the Sheriff's Department and the San Diego Police Department are working on best practices and guidelines concerning the management of Body-Worn Camera (BWC) footage. BWC footage under your agency's control should not be released. The footage falls under the PRA exemption. DA Dumanis requests our association's support regarding a death penalty initiative being circulated by DAs for the ballot in Nov. 2016. If you are interested in signing on, please contact her. A number of agencies, including the CHP, have provided financial contributions as well. D. Bejarano-Chief Bejarano provided a legislative update. He talked about the marijuana initiative in state of Ohio failed. There is currently an initiative in CA that is structured in a very similar way to the Ohio legislation. Since the California legislation also encourages monopolies, Cal Chiefs hopes it will fail as well. Additionally, he discussed the use of force reporting requirements, under AB71. AB71 states that all use of force incidents where citizens and/or officers are hospitalized must be reported to DOJ. Item 5; pg. 39 B. Gore -Sheriff Gore reminded us about Ed Prendergast's retirement party being held on November 7th at the Elks 9.Jub; }n El Cajon, at 4pm. The Sheriff also informed the membership about VIP seating for chiefs at Sheriff Kolender's memorial services . . : )~·· ' J. Froomin -Chief Froomin announced the Special Olympics Fall Games at Rancho Bernardo Recreation Center on November 7th from 9am to 4pm. M. Rodriguez-Chief Rodriguez complimented Chiefs Carter and Bejarano on a job well done hosting the Blue Knight Awards. The membership also reached consensus that the newly appointed Chief of Police for the City of Carlsbad should be the next Association secretary. Chief Froomin made the motion and Chief Bejarano seconded. Chief .Rodriguez will inform and congratulate Chief Gallucci on his appointment. E. Birnbaum -SAC Birnbaum provided some explanation and clarity around the recent attention Director Corney is getting about his comments that law enforcement fear of being a part of the next viral video filmed by citizens. He has communicated it with all of the FBI Offices. G. Newquist-He informed us that a Chinese Navy hospital ship was in port as part of an expectE;ld visit. He also thanked the association members for supporting his employees in providing active shooter training. lib1!§~1•Milllil)•t!ji#@ Sheriff Kolender Memorial at MCAS Miramar-November 6, 2015 Special Olympics Fall Games -November 7th (9am -4pm) at Rancho Bernardo Recreation Center Ed Prendergast's Retirement Party-November 7, 2015 16th Annual Thanksgiving Dinner for Youth-November 19, 2015 at 5:30pm Mickey Williams, Police Captain June 7, 2016 Body Worn Cameras Item 5; pg. 40 Why Body Cameras? •Maintain the trust of the public we serve •Accountability •Improve how we provide service •Collect evidence-increased prosecution •Reduce use of force incidents •Reduce citizen complaints Item 5; pg. 41 How Cameras Will Work •When and where will officers record? •Where will officers NOT record? •Where do the recordings go? •Who gets to see the recordings? Item 5; pg. 42 What Is the Cost? •Purchase of equipment $114,812 –AB109 funding approved by San Diego County Chiefs and Sheriff Association •Annual storage fee $156,409 –Five year term •Wireless access installation $19,513 •Annual internet connection $13,968 Item 5; pg. 43 Pilot Program •Two months; March and April 2016 •Six officers including canine and motor officers •Officers found cameras to be useful •Great sharing ability with District Attorney •Community feedback to officers was positive Item 5; pg. 44 Why TASER International? •Escondido PD •Coronado PD •San Diego PD •Chula Vista PD •District Attorney’s Office Item 5; pg. 45 Community Outreach •Ten community meetings •Social media •Traditional media –Print media –Television media •Very positive community response Item 5; pg. 46 Recommendation •Adopt a resolution approving the purchase and use of body worn cameras by the Police Department and award the contract for body worn cameras and video storage to TASER International, Inc. Item 5; pg. 47