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HomeMy WebLinkAbout2023-12-12; City Council; ; Approving an agreement with Axon Enterprise, Inc. for the Purchase of Replacement Taser DevicesCA Review __AF__ Meeting Date: To: From: Staff Contact: Subject: Districts: Dec. 12, 2023 Mayor and City Council Scott Chadwick, City Manager Jeffery Smith, Police Captain Jeffery.smith@carlsbadca.gov, 442-339-2218 Amanda Baker, Management Analyst Amanda.baker@carlsbadca.gov, 442-339-5054 Approving an agreement with Axon Enterprise, Inc. for the Purchase of Replacement Taser Devices All Recommended Action Adopt a resolution authorizing the Mayor to execute an agreement with Axon Enterprise, Inc. for the purchase of replacement Taser devices. Executive Summary The Police Department’s entire inventory of 125 Tasers have exceeded or are nearing their end of useful life and will no longer be covered under the vendor’s liability insurance by January 2024. The purchase of 140 Taser 10 devices will fully outfit the Police Department’s officers and rangers. The proposed agreement provides all necessary equipment, licensing, warranties, and training supplies. A request to carry $662,164 in unspent funds from the previous fiscal year’s budget to purchase the Taser replacements was among the budget carry forward requests approved by the City Council on Sept. 26, 2023, as. Due to a change in costs for the Taser replacements and the purchase price exceeding $100,000, the City Council approval’s is required for this purchase. Explanation & Analysis The Police Department issues Tasers to officers and rangers as a less than lethal platform to be carried while working in an enforcement capacity. The purpose of the Taser program is defined in Carlsbad Police Department Policy 309.2, which states: “The TASER device is intended to control a violent or potentially violent individual, while minimizing the risk of serious injury. The appropriate use of such a device should result in fewer serious injuries to officers and suspects.” Policy 309.3 requires all uniformed field personnel to carry the TASER while performing field duties. Dec. 12, 2023 Item #6 Page 1 of 50 The Axon X26P Taser is currently issued to all officers and rangers. These devices were purchased under various contracts with Axon Enterprise, Inc. dating back to 2017. Axon Enterprise, Inc. has issued five-year useful life recommendations for all Taser devices because the electronic components wear out over time, which may cause the Taser devices to not operate as expected. The risk of a Taser failing in the field increases as the devices get older, which could lead to an officer being seriously injured by an assailant. Due to the age of the Tasers, by January of 2024 the entire Taser inventory will no longer be covered under Axon Enterprise, Inc.’s liability insurance by January 2024. The proposed replacement for the X26P Taser is the Taser 10. Taser 10 is a multi-shot energy device that holds ten cartridges, allowing for the deployment of ten individually fired probes to cause neuromuscular incapacitation. The Taser 10 has an increased velocity of just over 200 feet per second and only needs 1,000 volts to incapacitate an assailant. Older Tasers need 50,000 volts to accomplish the same outcome. All of these new features allow the Taser 10 to have a smaller wire, smaller cartridges, more accurate travel, and up to 45 feet of effective range. A 45-foot range creates more time and space to de-escalate and resolve conflicts. Taser 10 advancements in accuracy, effectiveness and reliability mean less likelihood of escalation to lethal force. The proposed agreement is for the Taser 10 Certification Bundle, which includes the Taser device, access to Evidence.com for energy device program management, annual training cartridges, unlimited duty cartridges and online training content. The proposed five-year agreement also includes five vouchers for staff to attend the master instructor course and five vouchers for staff to attend the instructor course. This will allow some of the Police Department’s weapons training unit staff to remain certified and maintain certifications throughout the department. The price of this equipment was established through a cooperative purchasing agreement. Carlsbad Municipal Code Section 3.28.100 - Cooperative Purchasing gives the city’s Purchasing Officer the authority to join with other public or quasi-public agencies in cooperative purchasing programs to purchase goods and services as the Purchasing Officer determines to be in the city’s best interest. The Purchasing Officer may buy directly from a vendor at a price established by another public agency when the other agency has made its purchase in a competitive manner. Axon Enterprise, Inc. is the sole distributor and retailer of the Taser 10 device in the state of California. Axon Enterprise, Inc. was awarded a cooperative purchasing agreement, NPPGov Contract PS20270, that was competitively selected by National Purchasing Partners. The Purchasing Officer has determined that buying the tasers from Axon Enterprise, Inc. through this cooperative purchasing agreement, in compliance with Section 3.28.100, provides the best value to the city. The Purchasing Officer’s memorandum is attached as Exhibit 2. The price quote for the devices is attached as Exhibit 3. Dec. 12, 2023 Item #6 Page 2 of 50 Fiscal Analysis The five-year agreement with Axon Enterprise, Inc. is for $699,474 which will be paid in full. Breakdown of costs (140) Taser 10 Bundle (140 devices) $669,474 Approved budget carry forward -$622,164 Axon Enterprise, Inc. credit -$26,677 Difference $20,633 The Police Department has sufficient funds in its operating budget to absorb the difference of $20,633. Next Steps With City Council approval, staff will execute Axon Enterprise, Inc.’s Taser agreement and open a purchase order to begin the purchasing process. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution 2. Cooperative purchase memorandum 3. Price quote dated Nov. 8, 2023 Dec. 12, 2023 Item #6 Page 3 of 50 RESOLUTION NO. 2023-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH AXON ENTERPRISE, INC. FOR THE PURCHASE OF REPLACEMENT TASER DEVICES WHEREAS, the City Council of the City of Carlsbad, California has determined that the entire taser inventory of {125) X26P's have exceeded or are nearing their end of useful life and need to be replaced; and WHEREAS, {140) Taser 10 devices will fully outfit police officers and police rangers; and WHEREAS, the five-year contract with Axon Enterprise, Inc. includes the taser device, access to Evidence.com for energy device program management, annual training cartridges, unlimited duty cartridges, and on line training content; and WHEREAS, Carlsbad Municipal Code Section 3.28.100 authorizes the Purchasing Officer to join with other public or quasi-public agencies in cooperative purchasing plans or programs for the purchase of goods and/or services; and WHEREAS, the city's Purchasing Officer has reviewed the purchase and agrees the use of a cooperative agreement is in the best interest of the city; and WHEREAS, the police department has sufficient funds for the purchase of {140) Taser 10 devices to be paid in full in an amount not to exceed $669,474. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the Mayor is hereby authorized to execute Axon Enterprise lnc.'s TASER Energy Weapon Agreement. 3.That the agreement is not to exceed $669,474. Exhibit 1 Dec. 12, 2023 Item #6 Page 4 of 50 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of December, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLA� SHER Y FREISINGER, City Clerk (SEAL) Dec. 12, 2023 Item #6 Page 5 of 50 Attachment A Dec. 12, 2023 Item #6 Page 6 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 '~AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement This TASER Energy Weapon Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon") and the agency on the Quote ("Agency"). This Agreement applies to Agency's TASER 7 or TASER 10 purchase from Axon. Agency will receive TASER 7 or TASER 10 Conducted Energy Weapon ("CEW") hardware, accessories, warranty, and services documented in the attached Quote Appendix ("Quote"). 1. Term. The start date is based on the initial shipment of TASER 7 or T ASER 1 0 hardware ("Start Date"). If shipped in the first half of the month, the Start Date is the 1st of the following month. If shipped in the last half of the month, the Start Date is the 15th of the following month . The TASER 7 or TASER 10 term will end upon completion of the associated TASER 7 or TASER 10 subscription in the Quote ("Term"). If the Quote has multiple TASER 7 or TASER 10 ship dates, each shipment will have a sixty-(60-) month term, starting on the shipment ofTASER 7 or TASER 10 as described above. 2. Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net thirty (30) days from the invoice date. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys' fees. 3. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate. 4. Shipping. Axon may make partial shipments and ship any hardware provided by Axon under this Agreement ("Axon Devices") from multiple locations, including Axon-manufactured Devices, which are a subset of Axon Devices. All shipments are EXW (lncoterms 2020) via common carrier. Title and risk of loss pass to Agency upon Axon's delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. 5. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 6. Warranty. 6.1 . Limited Warranty; Disclaimer. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for one (1) year from the date of Agency's receipt, except Signal Sidearm and Axon-manufactured accessories, wh ich Axon warrants for thirty (30) months and ninety (90) days, respectively, from the date of Agency's receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run from the expiration of the one-(1-) year hardware warranty through the extended warranty term . All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon's warranty and are only subject to the warranties of the third-party provider or manufacturer. 6.2. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon's sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-manufactured Device, at Axon's option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement. 6.2.1. If Agency exchanges an Axon Device or part, the replacement item becomes Agency's property, and the replaced item becomes Axon's property. Before delivering an Axon- manufactured Device for service, Agency must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon- manufactured Device sent to Axon for service. 6.3. Spare Axon Devices. At Axon's reasonable discretion , Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 1 of 36 Dec. 12, 2023 Item #6 Page 7 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J),AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement are intended to replace broken or non-functioning units while Agency submits the broken or non- fu nctioning units, through Axon's warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose. 6.4. Limitations. Axon's warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon's written permission; or (f) Axon Devices with a defaced or removed serial number. Axon's warra nty will be void if Agency resells Axon Devices. 6.4.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Agency confirms and agrees that, in deciding whether to sign this Agreement, it has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement. 6.4.2. Axon's cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the twelve (12) months preceding the claim . Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 6.5. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and My Axon) is governed by the Axon Online Support Platforms Terms of Use Appendix, attached and incorporated as Attachment A. 6.6. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products and services to Agency, as a charitable donation under the Axon Aid program . In such event, Agency expressly waives and releases any and all claims, now known or hereafter known, against Axon , and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Agency agrees not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. Agency expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Ai d program without cause immediately upon notice to the Agency. 7. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings. 8. Design Changes. Axon may make design changes to any Axon Device or Servi ce without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency. 9. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency's purchase. Axon wil l not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency's election not to utilize any portion of an Axon bundle. 10. Insurance. Axon will maintain General Liability, Workers' Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 11. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated. 12. Agency Responsibilities. Agency is responsible for (a) Agency's use of Axon Devices; (b) breach of this Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 2 of 36 Dec. 12, 2023 Item #6 Page 8 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 ;)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Agreement or violation of applicable law by Agency or an Agency end user; (c) disputes between Agency and a third-party over Agency's use of Axon Devices; (d) ensuring Axon Devices are destroyed and disposed of securely and sustainably at Agency's cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices. 13. Termination. 13.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured at the end of thirty (30) days. If Agency terminates this Agreement due to Axon's uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 13.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable. 13.3. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer's suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components. 14. General. 14.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party's reasonable control. 14.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fid uciary, or employment relationship between the Parties. 14.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 14.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 14.5. Export Compliance. Each Party will comply with all import and export control laws and regulations. 14.6. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 14.7. Severability. If a court of competent jurisdiction holds any portion of th is Agreement invalid or unenforceable, the remaining portions of this Ag reement will remain in effect. 14.8. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities. 14.9. Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 14.10. Notices. All notices must be in English. Notices posted on Agency's Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Agency shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc. Attn : Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to legal@axon.com. Title: Axon Enterprise, Inc.1s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 3 of 36 DocuSign Envelope ID: 1 D9797F6-DB7D-438D-AE9B-EA32E62A 1 F67 J)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement 18.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc. (°::.,_,,,. ..• .,., Signature:v_�l.� Robert E. Driscoll, Jr. Name: _____________ _ Title: VP, Assoc. Genera 1 counse 1 11/9/2023 I 12:51 PM MST Date: ______________ _ Agency � Signature: ', Name: l,<e.1J:b bla.c.k.bu CO Title: t-\-a.�o{" Date: h,c.mbov ,� ,,?\O� Signature: ____ l_�__:::_-._f_re_i ___ _ Name: Allegra Frost Title: Deputy City Attorney Date: 11/17/23 TASER Energy Weapon Axon Evidence Tenns of Use Appendix Title: Axon Enterprise, lnc.1s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Dec. 12, 2023 Page 4 of 36 Item #6 Page 9 of 50 • I C" Dec. 12, 2023 Item #6 Page 10 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J~AXON 1 Definitions. Axon Enterprise, lnc.'s TASER Energy Weapon Agreement "Agency Content" is data uploaded into, ingested by, or created in Axon Evidence within Agency's tenant, incl uding media or multimedia uploaded into Axon Evidence by Agency. Agency Content includes Evidence but excludes Non-Content Data. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. "Non-Content Data" is data, configuration, and usage information about Agency's Axon Evidence tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. 2 Subscription Term. The TASER 7 or TASER 10 Axon Evidence Subscription Term begins on the Start Date. 3 Access Rights. Upon Axon granting Agency a TASER 7 or TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 or TASER 10 CEW devices during the TASER 7 or TASER 10 Axon Evidence Subscription Term. Agency may not upload any non-TASER 7 or TASER 10 data or any other files to Axon Evidence. Agency may not exceed the number of end-users than the Quote specifies. 4 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon's business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. 5 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Axon Evidence and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 6 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Content and no Agency Content or Agency end user's use of Agency Content or Axon Evidence violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Evidence. If Agency becomes aware of any violation of this Agreement by an end-user, Agency will immediately terminate that end user's access to Axon Evidence. Agency is also 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. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Agency may download the audit log at any time. Agency shall contact Axon immediately if an unauthorized third party may be using Agency's account or Agency Content or if account information is lost or stolen. 7 Privacy. Your use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is attached as Attachment B. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products. Title: Axon Enterprise, Inc.1s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 5 of 36 Dec. 12, 2023 Item #6 Page 11 of 50 DocuSign Envelope ID: 1 D9797F6-D87D-43BD-AE98-EA32E62A 1 F67 J\AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement 8 Storage. Axon may place Agency Content that Agency has not viewed or accessed for six (6) months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access. 9 Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for storage. Axon will determine the locations of data centers where Agency Content will be stored. Axon will ensure all Agency Content stored in Axon Evidence remains within the country the Agency is located. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may suspend Agency access or any end-user's right to access or use any portion or of Axon Evidence immediately upon notice, if: 10.1. The Termination provisions of the TASER 7 or TASER 10 Terms and Conditions apply; 10.2. Agency or an end-user's use of or registration for Axon Evidence (i) poses a security risk to Axon Evidence or any third party, (ii) may adversely impact Axon Evidence or the systems or content of any other customer, (iii) may subject Axon, Axon's affiliates, or any third party to liability, or (iv) may be fraudulent; Agency remains responsible for all fees incurred through the date of suspension without any credits for any period of suspension. Axon will not delete any of Agency Content on Axon Evidence due to suspension, except as specified elsewhere in this Agreement. 11 Axon Evidence Warranty. Axon warrants that Axon Evidence will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to Axon Evidence. 12 Axon Evidence Restrictions. All Axon Evidence subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end-users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence; 12.2. reverse engineer, disassemble, or decompile Axon Evidence or apply any other process to derive any source code included in Axon Evidence, or allow any others to do the same; 12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4. use trade secret information contained in Axon Evidence, except as expressly permitted in this Agreement; 12.5. access Axon Evidence to build a competitive product or service or copy any features, functions, or graphics of Axon Evidence; 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Evidence; or 12.7. use Axon Evidence to store or transmit infringing, libelous, or otherwise unlawful or tortious material, material in violation of third-party privacy rights, or malicious code. 13 After Termination. Axon will not delete Agency Content for ninety (90) days following termination. During these ninety (90) days, Agency may retrieve Agency Content only if all amounts due have been paid. There will be no application functionality of Axon Evidence during these ninety (90) days other than the ability to retrieve Agency Content. Agency will not incur any additional fees if Agency Content is downloaded from Axon Evidence during these ninety (90) days. Axon has no obligation to maintain or provide any Agency Content after these ninety (90) days and will thereafter, unless legally prohibited delete all of Agency Content stored in Axon Evidence. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from Axon Evidence. 14 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon's Data Egress Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 6 of 36 Dec. 12, 2023 Item #6 Page 12 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 Axon Enterprise, lnc.'s TASER Energy Weapon Agreement 15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Evidence on behalf of U.S. Federal department, Axon Evidence is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data," as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Evidence on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, Agency will immediately discontinue the use of Axon Evidence. 16 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Content, Storage, Axon Evidence Warranty, and Axon Evidence Restrictions. Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 7 of 36 Dec. 12, 2023 Item #6 Page 13 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Axon Customer Experience Improvement Program Appendix 1 Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon's development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEI P Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers. 1.1 ACEIPTier1. 1.1.1. When Axon uses Agency Content for the ACEI P Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Agency Content so that th e extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency's request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Agency Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed. Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Page 8 of 36 Department: Legal Version: 3.0 Release Date: 8/18/2023 Dec. 12, 2023 Item #6 Page 14 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 -'~AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement notice of that update or another commercially reasonable method to Agency designated contact) ("New Use Case"). 1.1.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency's request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. 1.2 ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon's services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2, grants Axon certain additional rights to use Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed or de-identified data. □ Check this box if Agency wants to help further improve Axon's services by participating in ACEIP Tier 2 in addition to Tier 1. By checking this box, Agency hereby agrees to the Axon Customer Experience Improvement Program Tier 2 Terms of Service, available at https://www.axon.com/sales-terms-and-conditions and incorporated herein by reference. Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Page 9 of 36 Version: 3.0 Release Date: 8/18/2023 Dec. 12, 2023 Item #6 Page 15 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE98-EA32E62A 1 F67 Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Professional Services Appendix If any of the professional services specified below are included on the Quote, this Appendix applies. 1 Utilization of Services. Agency must use pre-paid professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date. System set up and configuration • Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Packa e: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4-6 weeks before rollout Best practice implementation planning session to: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon's observations with other agencies • Discuss the importance of enteri ng metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Packa e: Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide train ing on the Axon Evidence to educate instructors wh o can support Agency's subsequent Axon Evidence training needs. • For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Packa e: Trainin for u to 1 individual at A enc TASER CEW inspection and device assignment Axon's on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go-live review For the CEW Full Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included. 3 Smart Wea on Transition Service. The Smart Wea on Transition Service includes: Archival of CEW Firing Logs Axon's on-site professional services team will upload CEW firing logs to Axon Evidence from all T ASER CEW Smart Wea ons that A enc is re lacin with newer Smart Wea on models. Return of Old Weapons Axon's on-site professional service team will ship all old weapons back to Axon's headquarters. Axon will rovide A enc with a Certificate of Destruction *Note: CEW Full Service packages for T ASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course. 4 VR Services Package. VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and a professional services manager to work with Agency to assess Agency's deployment and determine which Services are appropriate. The VR Service Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 10 of 36 Dec. 12, 2023 Item #6 Page 16 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J.~AXON traininq options include: Axon Enterprise, lnc.'s TASER Energy Weapon Agreement System set up and configuration (Remote Support) . Instructor-led setup of Axon VR headset content . Configure agency settings based on Agency need . Troubleshoot IT issues with Axon VR headset Axon instructor training (Train the Trainer) Training for up to five (5) Agency's in-house instructors who can support Agency's Axon VR CET and SIM traininq needs after Axon's has fulfilled its contracted on-site obliqations Classroom and practical training sessions Step-by-step explanation and assistance for Agency's configuration of Axon VR CET and SIM functionality, basic operation, and best practices 5 Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Agency to assess Agency's deployment and determine which Services are appropriate. If Agency requires more than one (1) day of on-site Services, Agency must purchase additional on-site Services. The Axon Air, On-Site training options include: 6 7 8 9 System set up and configuration (Remote Support) . Instructor-led setup of Axon Air App (ASDS) . Configure agency settings based on Agency need . Configure drone controller . Troubleshoot IT issues with Axon Evidence Axon instructor training (Train the Trainer) Training for Agency's in-house instructors who can support Agency's Axon Air and Axon Evidence training needs after Axon's has fulfilled its contracted on-site obligations Classroom and practical training sessions Step-by-step explanation and assistance for Agency's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually. Signal Sidearm Installation Service. 7.1. Purchases of 50 SSA units or more: Axon will provide one day of on-site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique holster/mounting type. Agency is responsible for providing a suitable work/training area. 7.2. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the basics of installation and device calibration. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m . to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 10 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized Title: Axon Enterprise, Inc.1s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 11 of 36 Dec. 12, 2023 Item #6 Page 17 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE98-EA32E62A 1 F67 .4~AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 11 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Devices to operate per the Device User Documentation. Before installation of Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Devices are to be installed ("Installation Site") per the environmental specifications in the Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Device User Documentation for any Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it. 12 Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present th e Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional services. 13 Agency Network. For work performed by Axon transiting or making use of Agency's network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency's network from any cause. Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version : 3.0 Release Date: 8/18/2023 Page 12 of 36 Dec. 12, 2023 Item #6 Page 18 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43B D-AE9B-EA32E62A 1 F67 J~AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement TASER 10 Appendix This TASER 10 Appendix applies to Agency's TASER 10, OSP 10, OSP Plus, or OSP 10 Plus Premium purchase from Axon, if applicable. 1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty. 2. Training. If the Quote includes a training voucher, Agency must use the voucher within one (1) year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency's responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training Content"), Agency may access Training Content. Axon will deliver all Training Content electronically. 3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a five-(5-) year term, which includes the hardware manufacturer's warranty plus the four- (4-) year extended term. 4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit. Agency Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days 100 to 499 officers 90 days 500+ officers 180 days 5. TASER 10 Subscription Term. The TASER 10 Subscription Term for a standalone TASER 10 purchase begins on shipment of the TASER 1 O hardware. The TASER 10 Subscription Term for OSP 10 begins on the OSP 10 Start Date. 6. Access Rights. Upon Axon granting Agency a TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 10 CEW devices during the TASER 10 Subscription Term. Agency may not exceed the number of end users the Quote specifies. 7. Agency Warranty. Agency warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Agency use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968. 8. Purchase Order. To comply with applicable laws and regulations, Customer must provide a purchase order to Axon prior to shipment of TASER 10. 9. Apollo Grant (US only). If Agency has received an Apollo Grant from Axon, Agency must pay all fees in the Quote prior to upgrading to any new TASER CEW offered by Axon. Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 13 of 36 Dec. 12, 2023 Item #6 Page 19 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43B D-AE9B-EA32E62A 1 F67 Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Attachment A -Axon Online Support Platforms Terms of Use PLEASE READ THESE AXON COMMUNITY TERMS OF USE ("Agreement") CAREFULLY BEFORE USING AXON COMMUNITY ACCOUNT. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICE AND CREATION OF YOUR ACCOUNT. THE SERVICE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW WHICH CONSTITUTE THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE OR CREATE AN ACCOUNT. BY ACCESSING OR USING THE WEBSITE OR CREATING AN ACCOUNT, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("You" OR "Your") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. Applicability for Customers with Master Services Purchasing Agreement Unless otherwise provided in this Policy, if the entity such as a business or agency, ("Customer") that authorizes your use of this service has a Master Services Purchasing Agreement including the Axon Online Support Platforms Terms of Use Appendix, or other similar agreement, if any, with Axon and Customer ("Agreement") the terms of this agreement govern your use of this service. 1. Personal Information. Your submission of information, including any login credentials or other information that you provide in registering ( collectively, "Registration Information"), to or through the Service is governed by the Axon Online Support Platforms Privacy Policy, as updated by Axon from time to time, currently available at https: //www.axon.com/legal/axon-online-support-platforms-privacy-policy ("Privacy Policy"). In addition, any information you submit to or through the Service, including Registration Information, may be collected in, transferred to and stored in the U.S. and/or other countries where Axon or its affiliates or service providers operate. You represent and warrant that you will be responsible for the accuracy, completeness, quality and legality of any information you provide in connection with the Service, including Registration Information, the means by which you acquired such information, and your use of such information in connection with the Service. Your first name, last name, profile picture, location and other information you provide in connection with the Service, including Registration Information, may be publicly displayed, including on any profile page or in connection with your activities. Certain of your information or activities in connection with your use of the Service may be publicly displayed or otherwise viewable by others. Axon may use or disclose your information in accordance with the Privacy Policy. 2. Service Account. Access to and use of certain additional functions and/or benefits of the Service is subject to the creation of an account with Axon ("Axon Account"). You are solely responsible for maintaining the confidentiality and security of your Axon Account and all user identifications, passwords, authentication codes or other security devices or procedures ( collectively, "Password"). We are not responsible for any losses arising out of the unauthorized use of your Axon Account. We reserve the right to suspend your access to the Service and change ( or require you to change) your Password at any time. Any use of your Axon Account with your Password is deemed to be carried out by you. If any contact details (including without limitation, user name, e- mail address and billing address) change, you agree to update your Account within 30 days of the change. 3. Submissions. You and other users of the Service may have the ability to make certain information, data, content or other materials, including testimonials, reviews, posts, comments and other user-generated content, pictures and documents available through or in connection with the Service ( each, a "Submission"), including on profile pages or on the Service's interactive products or services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Submissions reflect only the opinions of the user who made available the Submission and not the opinions of Axon, regardless of whether the user is affiliated with Axon. Any Submissions made available through any message board or forum in response to posted questions, or that otherwise purports to answer any questions, are made available for your general knowledge only and should never be relied upon as answers to your specific questions ( even if an answer is marked as a Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 14 of 36 Dec. 12, 2023 Item #6 Page 20 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 '~AXO N Axon Enterprise, lnc.'s TASER Energy Weapon Agreement "best" answer or with any similar qualifications). You should always contact Axon support for answers to your specific questions. Axon has no control over Submissions and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. 4. Ownership. 4.1. Submissions. Except as otherwise stated in this Agreement, you retain ownership of your Submissions, and for each such Submission, you hereby grant to Axon, to the maximum extent permitted under applicable law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license, without compensation to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including marketing or promotional purposes, such as testimonials). 4.2. Feedback. You may submit reviews, comments, or other feedback on the Service either as part of your Axon Account or in the public forums. Any comments, suggestions, or fee_dback relating to the Service or Axon's products ( collectively, "Feedback") submitted to Axon becomes the property of Axon. Axon will not be required to treat any Feedback as confidential and will not be liable for any ideas or Axon's use of the Feedback. Axon will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Axon, have full responsibility for the message, including its legality, reliability, and appropriateness, originality, and copyright. 5. Prohibited Uses. The following are Prohibited Uses by you: 5.1. Posting unlawful or harmful content. Upload, post, email, transmit, or make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. 5.2. Uploading malicious content. You may not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. 5.3. Unauthorized transmission or display of service content. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use any content of the Service for public or commercial purposes. 5.4. Concealing the Origin of Your Inquiry or Posting to the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Axon on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. 5.5. Copy or Scrape Site Content. You may not use any "deep-link," "page-scrape," "robot," "spider," or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. 5.6. Inappropriately Gaining Access. You may not attempt to gain unauthorized access to the Service through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 15 of 36 Dec. 12, 2023 Item #6 Page 21 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 ;)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement 5.7. Use not expressly authorized. Content from the Service may not be distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without Axon's express prior written authorization. You may not harass other users, send them unsolicited messages for commercial prospecting purposes, use the Service for purposes of surveys, competitions, pyramid selling, or similar operations, or for sending mass e-mails, spam, or any unsolicited advertising or promotional items, for commercial purposes or otherwise. 5.8. Use incorrect information. You may not use incorrect information, use another user's Axon Account, assume another person's identity, or present false credentials in order to disguise the origin of any content transmitted through the Service. You may not impersonate any person or entity, including, but not limited to a representative of Axon, or falsely state or otherwise misrepresent your affiliation with a person or entity. 5.9. Use that exceeds the scope of these Terms. If Axon notifies you that the manner in which you are using the Service is a prohibited or unauthorized use, you may no longer use the Service for that particular purpose. 6. Termination. Axon may terminate or suspend your use of the Service or any portion of the Service at any time and without prior notice in Axon's sole discretion. Immediately upon any such termination or suspension, your right to use the applicable Service or portion of such Service will permanently or temporarily cease (as applicable), and Axon may deactivate or delete your login credentials and account, and all associated information, data, content or other materials, without any obligation to provide further access to those materials. You may terminate your use of the Service at any time. Please note that deleting your Axon Acco unt may not result in the deletion of all informatio n related to your Axon Account. 7. Content and Usage Data. Axon may monitor, evaluate, alter or remove Submissions, including to comply with any of the terms of the Digital Millennium Copyright Act, the European Union E-Commerce Directive 2000/30/EC and other laws dealing with the removal of or limiting access to content. In addition, Axon may track or analyze your access to or use of the Service,and may use and disclose to anyone information regarding your access to and use of the Service, and the circumstances surrounding such access and use, for any reason or purpose (including for diagnostic or marketing purposes), except to the extent set fo rth otherwise in the Privacy Policy. 8. User Generated Content. Axon is not responsible for and does not support, approve, or sanction the opinions, advice and/or recommendations displayed or sent by users on the Service and declines any responsibility in this regard. You understand that by using the Service, you may be exposed to User Generated Content ("UGC") that is offensive, indecent, or objectionable. We make no representations or warranties, express or implied, as to the UGC or the accuracy and reliability of the UGC that you may access through the Service. You agree that you must evaluate, and bear all risks associated with, the use of any UGC including any reliance on the accuracy, completeness, or usefulness of the UGC and you acknowledge that you may not rely on any UGC. You are solely responsible fo r your interactions with other users of the Service. Axon reserves the right, but has no obligation, to monitor disputes between you and other users of the Service. Axon also reserves the right to terminate your Axon Account and access to the Services ifwe determine, in our sole discretion, that doing so is prudent. Axon reserves the right, without this constituting an obligation, to review content placed on line, particularly on the public forums; and to remove any UGC from the Service at any time, without any notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise objectionable, in our sole discretion. Axon furthermore reserves the right to define additional rules of conduct and to place limits on the use of the Service. 9. Links to Other Sites. The Service may have links to other websites that are not operated, controlled or maintained by Axon. The inclusion oflinks to other websites on the Service does not imply Axon's endorsement or approval of the linked sites or their content. If you navigate away from the domain name of the Service, you do so at your own risk. You should review the terms ofuse of each domain, including privacy and data gathering practices, of any other website to which you navigate. Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 16 of 36 Dec. 12, 2023 Item #6 Page 22 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J~AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement 10. Limitation of Liability. THE SERVICE, INCLUDING THE CONTENT, UGC, AND INFORMATION FOUND THEREON ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY CONCERNING THE INFORMATION, SERVICES, OR PRODUCTS OFFERED OR PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. IN NO EVENT WILL AXON OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, EACH PARTY'S RESPECTIVE OFFICERS, DIRECOTRS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, (each, an "Axon Party") BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, FOR ANY INFORMATION, AND SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY AXON PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. UNDER NO CIRCUMSTANCES WILL ANY AXON PARTY BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THESE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVCE. THE AXON PARTIES ARE NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICE. 11. Indemnification. To the maximum extent permitted under applicable law, you will indemnify, hold harmless, and defend each Axon Party against all actions, claims, demands, suits, proceedings, deficiencies, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of all kinds (including, without limitation, attorneys' fees) arising out of or relating to your use of, or activities in connection with, the Service (including all Submissions). 12. Choice of Law; Venue. This Agreement shall be governed by, and construed in accordance with, the substantive laws and judicial decisions of the State of Arizona, without regard to conflict of laws principles. Venue for any controversy or proceeding, judicial or otherwise, instituted by either Axon or you shall be laid in the United States in the applicable state or federal courts located in Maricopa County, Arizona. You hereby irrevocably accept and submit to the exclusive in personam jurisdiction of such court with respect to any such action, suit, or proceeding. If Axon or you institutes any legal suit, action, or proceeding against the other party arising out of or relating to this Agreement, the prevailing party in the suit, action or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and court costs. 13. Changes to this Agreement. Axon may change this Agreement and any terms by posting a revised Agreement at any applicable Axon website. Your use of any Service following any changes to this Agreement or any applicable terms will constitute your acceptance of those changes to this Agreement and the terms, as applicable. Such changes will not apply prior to your acceptance of the new terms. Axon may, at any time and without liability, modify or discontinue all or part of any Service or offer opportunities to some or all Service users. Any use of a Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. 14. Miscellaneous. The Parties shall comply with all applicable laws, rules, regulations, including, without limitation, the U.S. Department of Commerce Export Administration Regulations. This Agreement may not be assigned by You without the prior written consent of Axon and any assignment in violation of this shall be null and void. This Agreement does not create any agency in either Axon or you, and neither Axon or you has any authority whatsoever to bind the other party in any transaction or make any representations on behalf of such other party. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation. No waiver of any right or obligation under this Agreement shall be effective unless in writing and signed by an authorized representative of the party intended to be bound. This Agreement contains the entire agreement and understanding of you and Axon with respect to the subject matter of this Agreement, Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 17 of 36 Dec. 12, 2023 Item #6 Page 23 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement and supersedes all prior agreements or understandings, whether oral and written, with respect to such subject matter. If fo r any reason a court of competent jurisdiction determines that any provision of this Agreement, or portion thereof, is unenforceable, the remainder of this Agreement shall continue in full force and effect. Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 18 of 36 Dec. 12, 2023 Item #6 Page 24 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32 E62A 1 F67 J~AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Attachment B -Axon Cloud Services Privacy Policy Last Updated: October 16, 2023 This Axon Cloud Services Privacy Policy ("Policy'') applies only to the information that Axon Enterprise, Inc. ("Axon'') collects and you or your employer (collectively, "Customer'') provide to Axon in connection with Customer's use of Axon Cloud Services (as defined below). Axon's marketing sites and other public websites are governed by the Axon Privacy Policy. Usage of Axon Citizen is governed by the Axon Citizen Privacy Policy. Unless otherwise provided in this Policy, this Policy is subject to the terms of the Master Services Purchasing Agreement, or other similar agreement, if any, between Axon and Customer ("Agreement"). A concept or principle covered in this Policy shall apply and be incorporated into all other provisions of the Agreement in which the concept or principle is also applicable, notwithstanding the absence of any specific cross-reference thereto. All capitalized and defi ned term s referenced, but not defined, in this Policy shall have the meanings assigned to them in the Agreement. By using Axon Cloud Services, Customer acknowledges that Customer has read and understands this Policy. Axon may occasionally update this Policy. When Axon posts changes, Axon wil l revise the "last updated" date at the top of th is page. Customer's continued use of Axon Cloud Services will signify Customer's acknowledgement, and to the extent allowed by law agreement and acceptance to any such changes. Definitions • "Axon Cloud Services" means Axon's web services hosted on evidence.com including Axon Evidence, Axon Records, and Axon Di spatch, and other related offerings, including, without limitation, interactions between Axon Cloud Services and Axon Products (as defined below). • "Axon Products" means: (1) Axon Cloud Services; (2) devices sold by Axon (including, without limitation, conducted energy weapons, cameras, sensors, and docking systems) (collectively, "Axon Devices"); (3) other software offered by Axon (including, without limitation , Axon Investigate, Axon Capture, Axon Evidence SYNC, Axon Device Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 19 of 36 Dec. 12, 2023 Item #6 Page 25 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 -'~AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Manager, Axon View, Axon Interview, Axon Commander, Axon Uploader XT, and Axon View XL) (collectively, "Axon Client Appli cations"); and (4) ancillary hardware, equipment, software, services, cloud-based services , documentation, and software maintenance releases and updates. Axon Products do not include any third-party applications, hardware, warranties, or the 'my.evidence.com' services. • "Customer Data" means: (1) "Customer Content", which means data uploaded into, ingested by, or created in Axon Cloud Services within Customer's tenant, including , without limitation , media or multimedia uploaded into Axon Cloud Services by Customer ("Evidence"); and (2) "Non-Content Data", wh ich means: (a) "Customer Entity and User Data", which means Personal Data and non-Personal Data regarding Customer's Axon Cloud Services tenant configuration and users; (b) "Customer Entity and User Service Interaction Data" which means data regarding Customer's interactions with Axon Cloud Services and Axon Client Applications; (c) "Service Operations and Security Data", which means data within service logs, metrics and events and vulnerability data, including, without limitation: (i) application, host, and infrastructure logs; (ii) Axon Device and Axon Client Application logs; (iii) service metrics and events logs; and (iv) web transaction logs; (d) "Account Data", which means information provided to Axon during sign-up, purchase, or administration of Axon Cloud Services, including, without limitation, the name, address, phone number, and email address Customer provides, as well as aggregated usage information related to Customer's account and administrative data associated with the account; and (e) "Support Data", which means the information Axon collects when Customer contacts or engages Axon for support, including, without limitation, information about hardware, software, and other details gathered related to the support incident, such as contact or authentication information , chat session personalization , information about the condition of the machine and the application when the fault occurred and during diagnostics, system and registry data about software installations and hardware configurations, and error-tracking Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 20 of 36 Dec. 12, 2023 Item #6 Page 26 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J~AXON files. Axon Enterprise, lnc.'s TASER Energy Weapon Agreement For purposes of clarity, Cu stomer Content does not include Non- Content Data, and Non-Content Data does not include Customer Content. • "Data Controller" means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data (as defined below). • "Data Processor" means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Con troller. • "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natu ral person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. • "Processing" means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording , organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction . • "Sub-processor" means any third party engaged by the Data Processor to assist in data processing activities that the Data Processor is carrying out on behalf of the Data Controller. Axon's Role Axon is a Data Processor of Customer Content. Customer is a Data Controller and contro ls and owns all right, title, and interest in and to Customer Content and Axon obtains no rights to the Customer Content. Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 21 of 36 Dec. 12, 2023 Item #6 Page 27 of 50 Do cu Sign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J~AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Customer is solely responsible for the uploading, sharing, withdrawal, management and deletion of Customer Content. Customer grants Axon limited access to Customer Content solely to provide and support Axon Cloud Services to and for Customer and Customer's end-users. Customer represents and warrants to Axon that: (1) Customer owns Customer Content; (2) and Customer Content, and Customer's end-users' use of Customer Content and Axon Cloud Services, does not violate this Policy or applicable data protection laws and regulations. Axon is not responsible for Customer's privacy practices as a Data Controller. You should consult the Privacy Policy of the relevant customer to review these. Axon may also collect, control, and process Non-Content Data. Axon is a Data Controller for Non-Content Data. Axon collects, controls, and processes Non-Content Data to provide Axon Cloud Services and to support the overall delivery of Axon Products including business, operational, and security purposes. With Non-Content Data, Axon may analyze and report anonymized an d aggregated data to communicate wi th external and internal stakeholders. In regard to Customer Entity & User Data, Axon is a Data Controller and Customer is an independent Data Controller, not a joint Data Con troller. Data Collection Purposes and Processing Activities CU STO MER CONTENT Axon will only use Customer Content to provide Customer Axon Cloud Services. Axon will not use Customer Content fo r any advertising or similar co mmercial purposes. Axon peri odically upgrades or cha nges Axon Cl oud Se rv ices to provide customers wi th new features and enhancements in alignment with the Axon Ev idence Mai ntenance Schedule. Axon communicates such upgrades or changes to customers one week prior to release via mechanisms outlined in the Maintenance Schedule. Changes to Axon Cloud Services may increase the capabilities of the service and ways in which Customer Content can be processed . NON-CONTENT DATA Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 22 of 36 Dec. 12, 2023 Item #6 Page 28 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Non-Content Data includes data, configuration , and usage information about customer's Axon Cloud Services tenant, Axon Devices, Axon Client Applications, and users that is transmitted or generated when using Axon Products. Non-Content Data includes the following: Customer Entity And User Data Customer Entity and User Data includes personal and non-personal data regarding Customer's Axon Cloud Services tenant configuration and users. Axon uses Customer Entity and User Data to: (1) provide Axon Cloud Services, including, without limitation, user authentication and authorization functionality; (2) improve the quality of Axon Products or provide enhanced functionality and features; (3) contact Customer to provide information about its account, tenant, subscriptions, billing, and updates to Axon Cloud Services, including, without limitation, information about new features, security and other technical issues; and (4) market our products or services to Customer via email, by sending promotional communication including targeted advertisements, or presenting a Customer with relevant offers. Customer cannot unsubscribe from non-promotional communications but may unsubscribe from promotional communications at any time such as by clicking on an unsubscribe button at the bottom of such communications. Customer Entity and User Service Interaction Data Customer Entity and User Service Interaction Data includes data regarding Customers' interactions with Axon Cloud Services and Axon Client Applications. Axon uses Customer Entity and User Service Interaction Data to improve the quality of Axon Products and provide enhanced functionality and features. Service Operations and Security Data Axon uses Service Operations and Security Data to provide service operations and monitoring. Account Data Axon uses Account Data to provide Axon Cloud Services, manage Customer's accounts, market to, and communicate with Customer. Support Data Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 23 of 36 Dec. 12, 2023 Item #6 Page 29 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Axon uses Support Data to resolve Customer's support incident, and to operate , improve, and personalize Axon Products. If Customer shares Customer Content to Axon in a support scenario, the Customer Conten t wi ll be treated as Support Data but will only be used for resolving support incidents. Axon may provide support through phone, email , or online chat. With Customer's permission , Axon may use Guest Access ("GA") to temporarily navigate Customer's Axon Cloud Service's tenant to view data in order to resolve a support incident. Phone conversations, online chat sessions, or GA sessions with Axon support professionals may be recorded and/or monitored for efforts such as training, future support, and evidentiary purposes. International Data Transfers Personal Data may be subject to international data transfers outside the European Economic Area (EEA), United Kingdom, and Switzerland, which will be regulated in accordance with the mechanisms set out in the GDPR, UK-GDPR, and the Swiss FADP respectively, to safeguard the rights and freedoms of the data subject and ensure a level of protection equivalent to that required by European, United Kingdom, and Swiss regulations. Axon complies with the EU-U.S. Data Privacy Framework (EU-U .S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Axon has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S . DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Axon has certified to the U.S. Department of Commerce that it adheres to the Swiss-U .S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. Axon is subject to the investigatory and enforcement powers of the United States Federal Trade Commission regard ing compliance with the EU -U.S. Data Privacy Framework (EU-U.S . DPF ) and the UK Extension to the EU - Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 24 of 36 Dec. 12, 2023 Item #6 Page 30 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 -'~AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement U.S. DPF , and the Swiss-U.S. Data Privacy Framework (Swiss-U .S. DPF ). In complia nce with the EU-U.S. DPF , the UK Extension to the EU-U .S. DPF and the Swiss-U.S. DP F, Axon commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs), the UK Information Commissioner's Office (ICO) and the Gibraltar Regulatory Authority (GRA), and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S . DPF, the UK Extension to the EU-U.S. DPF , and the Swiss-U.S. DPF. Under certain circumstances, you may also have the right to invoke binding arbitration. Axon maintains contracts with third parties with whom it shares Personal Data restricting their access, use and disclosure of Personal Data in compliance with Axon's obligations under the EU-U.S. DPF, the UK Extension to the EU -U.S. DPF , and the Swiss- U.S. DPF, incl uding the onward tran sfe r provisi ons . Axon may be liable if we fail to meet those obligations. If there is any conflict between the terms in this Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification , please visit https://www.dataprivacyframework.gov/. We will not rely on the Swiss-US Data Privacy Framework until it enters into force, but we adhere to its required commitments in anticipation of it doing so. The Standard Contractual Clauses (SCC) issued by the European Commission shall apply for international transfers of Personal Data from Switzerland in the meantime. To the extent the above mechanisms cannot be used to adequately safeguard transfers outside the EEA, United Kingdom, or Switzerland, Axon will pu t in place alternate safeguards, as appropriate (such as SCCs). For more information about the international transfer of Personal Data by Axon, please contact privacy@axon .com. Server and Data Location CUSTOMER CONTENT Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 25 of 36 Dec. 12, 2023 Item #6 Page 31 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 ;)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Axon offers Axon Cloud Services in numerous geographic regions. Before creating an account in Axon Cloud Services, Customer determines where Axon will store Customer Content by designating an economic area. REGION ECONOMIC 3RD PARTY DATA CENTER INFRASTRUCTURE CODE AREA SUB-PROCESSORS LOCATION(S) AU Southeast Asia Microsoft Azure Canberra, ACT LA South America Microsoft Azure Sao Paulo, Brazil & Texas, United States CA canada Microsoft Azure Toronto, ON & Quebec City, QC Ireland EU European Union Amazon Web Services *new customers will not be odded to this region EUR European Union Microsoft Azure Netherlands, Ireland UK United Kingdom Microsoft Azure and London, England & Amazon Web Services Cardiff, Wales us United States Microsoft Azure and Texas, Virginia & Amazon Web Services Oregon, United States us United States Microsoft Azure Texas & Virginia, United (Federal Region) States ENT Global Microsoft Azure Washington & Wyoming, United States Axon ensures that all Customer Content in Axon Cloud Services remains within the selected economic area, including, without limitation, all backup data, replication sites, and disaster recovery sites. Customer selected economic areas can be determined through review of Customer's Axon Cloud Services URL. Customer URLs conform to the <youragency>. <regioncode>.evidence.com scheme with the exception of US customers where the scheme may exclude the region code and is <youragency>.evidence.com. US Federal customers conform to the scheme <youragency>. us. evidence. com NON-CONTENT DATA Customer Entity and User Data Customer Entity and User Data is located in Customer's selected economic area for Customer Content. Customer Entity and User Data may be copied or transferred to the United States. Customer Entity and User Service Interaction Data Customer Entity and User Service Interaction Data is located in Customer's selected economic area for Customer Content and the United States. Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 26 of 36 Dec. 12, 2023 Item #6 Page 32 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Service Operations and Security Data Service Operations and Security Data is located in Customer's selected economic area for Customer Content and the United States. Account Data and Support Data Account and Support Data is located in the United States and may be located in Customer's selected economic area for Customer Content. Information Sharing Axon may share data with its subsidiaries, service providers and other partners to help us operate, including for providers to facilitate: (1) user account management, authentication, analytics, and communication, (2) product features, e.g . geolocation services, product development, and error analytics, (3) customer service and support, and (4) security monitoring and investigation. In addition, Axon shares data with Axon's sub-processors as described in the "Axon Sub-Processors" section below. For more information about sharing of Personal Data by Axon, please contact privacy@axon.com. Axon Sub-Processors Axon may rely on Sub-processors to provide or enhance Axon Products on its behalf. Axon only permits Sub-processors to use Customer Content to deliver to the Customer services that Axon offers. Axon prohibits Sub- processors from using Customer Content for any other purpose. Ownership of rights, titles and interest in and to Customer Content remain with Customer. Axon exercises commercially reasonable efforts in connection with contractual obligations to ensure its Sub-processors are compliant with all applicable data protection laws and regulations surrounding the Sub- processors access and scope of work in connection with Customer Content. Prior to onboarding Sub-processors, Axon audits the security and privacy practices of Sub-processors to ensure Sub-processors prov ide a Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 27 of 36 Dec. 12, 2023 Item #6 Page 33 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE98-EA32E62A 1 F67 ;)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement level of security and privacy appropriate to the scope of th eir services. Axon maintai ns an up-to-date list of the names and locations of all Sub- processors for Custom er Content here. Axon will give Customer notice of any new Sub-processor. If you are a current Axon Cloud Services customer with a data processing agreement in place with Axon, you may subscribe here to receive notifications of a new Sub-processor(s) before Axon authorizes any new Sub-processor to process Customer Content in connection with the provision of your service. TELECOMMUNICATION SUB-PROCESSORS Axon Body 3 includes embedded cellular technologies used to connect to telecommunication networks in order to provide connectivity between Axon Body 3 and Axon Cloud Services. Cellular technologies enable Axon Aware services. Customer's Axon Body 3 cameras will send data to the respective Axon Cloud Services region selected telecommunications providers as needed to enable cellular connectivity. Data includes Personal Data, such as location data. For Axon Body 3, Axon manages all cellular registration and account management associated to the cellular subscription. Personal Data of Customer is not collected by Axon or telecommunications providers for the purposes of cellular account management. Outlined below are the telecommunication sub-processors. In regions where there are more than one telecommunication sub-processor, Axon will manage Customers Axon Body 3 cellular registration. Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 28 of 36 Dec. 12, 2023 Item #6 Page 34 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement REGION ECONOMIC AREA TELECOMMUNICATION CODE SUB-PROCESSORS AU Southeast Asia Telstra LA South America TBD/TBA CA Canada Tel us EU/EUR European Union T-Systems UK United Kingdom BTEE us United States Verizon and AT&T (Fi rstNet) us United States (Federal Region) Verizon and AT&T (FirstNet) ENT Global Verizon and AT&T (FirstNet) Customer URLs conform to the <youragency>. <regioncode>.evidence.com scheme with the exception of US customers where the scheme may exclude the region code and is <youragency>.evidence.com. US Federal customers conform to the scheme <youragency>. us. evidence. com Required Disclosures Axon will not disclose Customer Content except as required by any law or regulation. If permitted, Axon will notify Customer if any disclosure request is received for Customer Content so Customer may challenge or object. Customer's Access and Choice Customer Content Customer can access Customer's tenant to manage Customer Content. Axon will work with Customers to provide access to Personal Data that Axon or Sub-processors hold. Axon will also take reasonable steps to enable Customers to correct, amend, or delete Personal Data that is demonstrated to be inaccurate. Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 29 of 36 Dec. 12, 2023 Item #6 Page 35 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J)AXON Non-Content Data Axon Enterprise, lnc.'s TASER Energy Weapon Agreement If at any time after registering an account on Axon Cloud Services you desire to update Personal Data you have shared with us, change your mind about sharing Personal Data with us, desire to cancel your Customer account, or request that Axon no longer use provided Personal Data to provide you services, please contact us at privacy@axon.com. If you are in the European Economic Area, ("EEA"), United Kingdom or Switzerland, you can consult Your Rights here. Certain data processing can be adjusted by Customer based on Axon Product usage, Customer network or device configuration, and administrative settings made available with Axon Cloud Services or Axon Client Applications: Axon Body 3 WiFi Positioning Axon Body 3 cameras offer customers a feature to enhance location services where GPS/GNSS signals may not be available, for instance within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. When WiFi Positioning is enabled, Non-Content and Personal Data including location, device and network information data will be sent to Skyhook Holdings, Inc (Skyhook) to facilitate the WiFi Positioning functionality. Skyhook will act as both a data sub-processor (as reflected in this Policy) and as a data controller. Skyhook becomes a data sub- processor for Axon when Skyhook processes data from Axon Body 3 devices to determine a location. Skyhook acts a data controller when it collects data sent from Axon Body 3 cameras to maintain their services and to develop new products, services or datasets. Data controlled by Skyhook is outside the scope of this Policy and is subject to the Skyhook Services Privacy Policy. Client Push Notifications Axon Products leverage push notification services made available by mobile operating system providers (i .e. Google's Cloud Messaging and Apple 's Push Notification Service to deliver functional notifications to client applications. Push notification services can be managed by leveraging notification settings made available in both mobile applications and the mobile operating system. User Analytics Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 30 of 36 Dec. 12, 2023 Item #6 Page 36 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 .4~AXON Axon Enterprise, lnc.'s TASER Energy Wea pon Agreement Customers can opt-out of user analytics tracking on Axon Cloud Services by disabling cookies or preventing Customer's browser or device from accepting new coo kies. To prevent data from be ing collected by Mixpanel, network or device access to *.mixpanel.com should be blocked Service Support Mobile client application crash analytics provide Axon personnel insight to crashes when using Axon client applications. To opt out of crash reporting, network or device access to *.crashlytics.com should be blocked. Geolocation Services Geolocation services are critical to proper user functionality of many Axon products. However, customers can opt out of mapping and geolocation functionality by blocking network or device access to *.mapbox.com and *.arcgis on li ne.com Data Security Measures Axon is committed to help protect the security of Customer Data. Axon has established and implemented policies, programs, and procedures that are commercially reasonable and in compliance with applicable industry practices, including administrative, technical and physical safeguards to protect the confidentiality, integrity and security of Customer Content and Non-Content Data against unauthorized access, use, modification, disclosure or other misuse. Axon will take appropriate steps to ensure compliance with the data security measures by its employees, contractors and Sub-processors, to the extent applicable to the respective scope of performance. CONFIDENTIALITY Customer Content and Non-Content Data is encrypted in transit over public networks. Customer Content is encrypted at rest in all Axon Cloud Service regions. Axon protects all Customer Content and Non-Content Data with strong logical access control mechanisms to ensure only users with appropriate business needs have access to data. Third-party speciali zed security firms Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date : 8/18/2023 Page 31 of 36 Dec. 12, 2023 Item #6 Page 37 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement periodically validate access control mechanisms. Access control lists are reviewed periodically by Axon. INTEGRITY As Evidence is ingested into Axon Cloud Services, a Secure Hash Algorithm ("SHA") checksum is generated on the upload device and again upon ingestion into Axon Cloud Services. If the SHA checksum does not match, the upload will be reinitiated. Once upload of Evidence is successful, the SHA checksum is retained by Axon Cloud Services and is made viewable by users with access to the Evidence audit trail for the specific piece of Evidence. Tamper-proof audit trails are created automatically by Axon Cloud Services upon ingestion of any Evidence. AVAILABILITY Axon takes a comprehensive approach to ensure the availability of Axon Cloud Services. Axon replicates Customer Content over multiple systems to help to protect against accidental destruction or loss. Axon Cloud Serv ices systems are designed to minimize single points of failure. Axon has designed and regularly plans and tests its business continuity planning and disaster recovery programs. ISOLATION Axon logically isolates Cu stom er Content. Customer Content for an authenticated customer wil l not be displayed to another custom er (unless Customers explicitly create a sharing relationship between their tenants or shared data between themselves). Centralized authentication systems are used across an Axon Cloud Service region to increase uniform data security. Additional ro le-based access control is leveraged withi n Customer's Axon Cloud Serv ice tenant to define what users can interact wi th or access Customer Content. Customer solely manages the ro le based access control mechanisms within its Axon Cloud Services tenant. Within the Axon Cloud Services supporting infrastructure , access is granted based on the principle of least privilege. All access must be approved by system owners and undergo at least quarterly user access reviews. Any shared computing or networking resource will undergo extensive hardening and is validated periodically to ensure appropriate isolation of Customer Content. Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 32 of 36 Dec. 12, 2023 Item #6 Page 38 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 J)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Non-Content Data is logically isolated within information systems such that only appropriate Axon pe rsonn el have acce ss. PERSONNEL Axon personnel are required to conduct themselves in a manner consistent with applicable law, the company's guidelines regarding confidentiality, business ethics , acceptable usage, and professional standards. Axon personnel must complete security training upon hire in addition to annual and role-specific security train ing. Axon personnel undergo an extensive background check process to the extent legally permissible and in accordance with applicable local labor laws and statutory regu lations. Axon personnel supporting Axon Cloud Services are subject to additional rol e-specific secu rity clearances or adjudication processes, including Cri minal Justice Information Services background screening and national security clearances and vetting. Data Breach NOTIFICATION If Axon becomes aware that Customer Data has been accessed, disclosed, altered, or destroyed by an unlawful or unauthorized party, Axon will notify relevant authorities (where required) and affected customers. Within 48 hours of an incident confirmation, Axon will notify Customer administrators registered on Axon Cloud Services. Authorities will be notified through Axon's established channels and timelines. The notification will reasonably explain known facts, actions that have been taken, and make commitments regarding subsequent updates. Additional details are available in the Axon Cloud Services Security Incident Handling and Response Statement. Data Portability, Migration, and Transfer Back Assistance DATA PORTABILITY Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 33 of 36 Dec. 12, 2023 Item #6 Page 39 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 -'~AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Evidence uploaded to Axon Cloud Services is retained in original format. Evidence may be retrieved and downloaded by Customer from Axon Cloud Services to move data to an alternative information system. Evidence audit trails and system reports may also be downloaded in various industry- standard, non-proprietary formats . DATA MIGRATION In the event Customer's access to Axon Cloud Services is terminated, Axon will not delete any Customer Content during the 90 days following termination. During this 90-day period, Customer may retrieve Customer Content only if Customer has paid all amounts due (there will be no application functionality of the Axon Cloud Services during this 90-day period other than the ability for Customer to retrieve Customer Content). Customer will not incur any additional fees if Customer downloads Customer Content from Axon Cloud Services during this 90-day period. Axon has no obligation to maintain or provide any Customer Content after the 90-day period and thereafter, unless legally prohibited, may delete Customer Content upon te rmination as part of normal retention and data management instructions from customers. Upon written request, Axon will provide written proof that all Customer Content has been successfully deleted and removed from Axon Cloud Services. POST-TERMINATION ASSISTANCE Axon wi ll provide Customer with th e same post-terminatio n data retrieva l assistance that is generally made available to all customers. Requests for additional assistance to Customer in downloading or transferring Content will result in additional fees and Axon cannot warrant or guarantee data integrity or readability in the external systems. Data Retention, Restitution, and Deletion Axon maintains internal disaster recovery and data retention policies in accordance with applicable laws and regulations. The disaster recovery plan relates to Axon's data and extends to Axon Cloud Services and Customer Content stored within. Axon's data retention policies relate to Axon's Non-Content Data . Axon's data retention policies instruct for the secure disposal of Non-Content Data when such data is no longer necessary for the delivery and support of Axon product and services and in accordance with applicable regulations . We will retain Non-Content Data Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement Page 34 of 36 Department: Legal Version: 3.0 Release Date: 8/18/2023 Dec. 12, 2023 Item #6 Page 40 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE98-EA32E62A 1 F67 J)AXON Axon Enterprise, lnc.'s TASER Energy Weapon Agreement for as long as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements. As outlined below, Customer is responsible for ad hering to its own retention policies and procedures. Evidence Retention Customer defines Evidence retention periods pursuant to Customer's internal retention policies and procedures. Customer can establish its retention policies within Axon Cloud Services. Therefore, Customer controls the retention and deletion of its Evidence within Axon Cloud Services. Axon Cloud Services can automate weekly messages summarizing upcoming agency-wide deletions to all customer Axon Cloud Services administrators. Customer users can receive a weekly message re garding Evidence uploaded with in th ei r user account to protect agai nst accidental deletions. Customer can recover Evidence up to 7 days after Customer queues such Evidence fo r deletion. After this 7-day grace period, Axon Cloud Services initiates deletion of Evidence. Data deletion processing may occur asynchronously across storage systems and data centers. During and after data deletion processing, Evidence will not be recovered or recoverable by any party. Accountability As outlined herein, Axon is committed to maintaining compliance with relevant security and privacy standards to ensure the continued security, availability, integrity, confidentiality, and privacy of Axon Cloud Services and Cu stomer Data stored with in . In addition to the security efforts outlined herein, Axon will maintain its ISO/IEC 27001 :2013 certification or comparable assurances for Axon Cloud Services. Customers may review the certificate. Title: Axon Enterprise, Inc. 's TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 35 of 36 Dec. 12, 2023 Item #6 Page 41 of 50 DocuSign Envelope ID: 1 D9797F6-DB7D-43BD-AE9B-EA32E62A 1 F67 Insurance Axon Enterprise, lnc.'s TASER Energy Weapon Agreement Axon will maintain, during the term of the Agreement, a cyber-insurance policy and will furnish certificates of insurance following Customer's written request. How to Contact Us Axon commits to resolve complaints about Customer privacy and use of Axon Products. Complaints surrounding this Policy can be directed to Customer's local Axon representative or privacy@axon .com . If Customer has any questions or concerns regarding privacy and security of Customer Content or Axon's handling of Customer's Personal Data, please contact privacy@axon.com. If Customer is an European Union citizen, an United Kingdom citizen , or a citizen of Switzerland and we are unable to satisfactorily resolve any complaint or if Axon fails to acknowledge Customer's complaint in a timely fashion, Customer can contact the relevant European Union Data Protection Authorities (DPAs), United Kingdom Information Commissioners Office (ICO), or the Switzerland Federal Data Protection and Information Commissioner (FDPIC). Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Department: Legal Version: 3.0 Release Date: 8/18/2023 Page 36 of 36 Police Department 2560 Orion Way Carlsbad, CA 92010 442-339-2100 Memorandum November 2, 2023 To:Roxanne Muhlmeister, Assistant Finance Director/Purchasing Officer From:Amanda Baker, Management Analyst Via:Mickey Williams, Chief of Police Re:Request to Participate in Cooperative Purchasing Agreement for the purchase of Taser 10 from Axon Enterprise, Inc. Carlsbad Municipal Code Section 3.28.100 authorizes the purchasing officer join with other public or quasi-public agencies in cooperative purchasing plans or programs for the purchase of goods and/or services by contract, arrangement or agreement as allowed by law and as determined by the purchasing officer to be in the city’s best interest. This letter requests approval to use cooperative purchasing for the purchase of Taser 10 devices from Axon Enterprise, Inc. The police department will be purchasing new tasers for officers and rangers. The police department issues tasers to officers and rangers as a less than lethal platform to be carried on the body while in an enforcement capacity. The entire inventory of (125) X26P tasers from Axon Enterprise, Inc. have exceeded or are nearing the end of their useful life of five years. By January of 2024 the department will need to purchase 140 tasers to fully outfit all officers and rangers with this less than lethal tool. The Taser 10 Certification Bundle pays for the Taser 10 program, which includes access to Evidence.com for device program management, annual training cartridges, unlimited duty cartridges and online training content. By approving the use of this cooperative purchase for Taser 10 devices, our officers and rangers will be equipped with this less than lethal platform. Taser 10 advancements in accuracy, effectiveness and reliability mean less likelihood of escalation to lethal force. Ensuring public safety is a top priority for our organization and outfitting officers and rangers with the necessary equipment to provide a high standard of safety is directly in line with our city’s community vision and values. Axon Enterprise, Inc. was awarded a cooperative purchasing agreement, NPPGov Contract PS20270, that was competitively selected by National Purchasing Partners, a cooperative procurement organization offering publicly solicited contracts to government entities nationwide. The cooperative agreement is included as Attachment A for review. Axon Enterprise, Inc. provided quotes to the city offering the same pricing as in the cooperative agreement for law enforcement equipment. The quote is included as Attachment B for review. In addition to being Exhibit 2 Dec. 12, 2023 Item #6 Page 42 of 50 {city of Carlsbad Memo – Bid Exemption Request for the purchase of Taser 10 from Axon Enterprise, Inc. November 2, 2023 Page 2 Police Department 2560 Orion Way Carlsbad, CA 92010 442-339-2100 awarded a cooperative purchasing contract, Axon Enterprise, Inc. is also the sole distributor and retailer of the Taser 10 device in the state of California. The purchase price for 140 Taser 10’s is $669,474. With Purchasing Officer approval, staff will seek City Council authorization for the purchase of the taser devices. Approval to Proceed ________________________ _______________ Roxanne Muhlmeister, Date Assistant Finance Director/Purchasing Officer Attachment: A. National Purchasing Partners Agreement B. Quote dated 11/08/2023 C. Axon Enterprise, Inc.’s TASER Energy Weapon Agreement cc: Shea Sainz, Senior Contract Administrator 11/28/2023 Dec. 12, 2023 Item #6 Page 43 of 50 Pa g e 1 Q- 4 9 8 4 8 6 - 4 5 2 3 8 . 6 9 9 B T Q- 4 9 8 4 8 6 - 4 5 2 3 8 . 6 9 9 B T Is s u e d : 1 1 / 0 8 / 2 0 2 3 Qu o t e E x p i r a t i o n : 1 2 / 3 1 / 2 0 2 3 Es t i m a t e d C o n t r a c t St a r t D a t e : 0 4 / 1 5 / 2 0 2 4 Ac c o u n t N u m b e r : 10 7 0 5 7 Pa y m e n t T e r m s : N 3 0 De l i v e r y M e t h o d : SH I P T O BI L L T O SA L E S R E P R E S E N T A T I V E PR I M A R Y C O N T A C T De l i v e r y - 2 5 6 0 O r i o n Wa y 25 6 0 O r i o n W a y Ca r l s b a d , CA 92 0 1 0 - 7 2 4 0 US A Ca r l s b a d P o l i c e De p t . - C A 16 3 5 F a r a d a y Av e Ca r l s b a d CA 92 0 0 8 - 7 3 1 4 US A Em a i l : Ch r i s M o r t o n Ph o n e : + 1 2 0 6 3 1 0 6 1 6 5 Em a i l : cm o r t o n @ a x o n . c o m Fa x : Mik e E r n s t Ph o n e : ( 7 6 0 ) 9 3 1 - 2 1 9 5 Em a i l : mi k e . e r n s t @ c a r l s a b d c a . g o v Fa x : Qu o t e S u m m a r y Di s c o u n t S u m m a r y Pr o g r a m L e n g t h 60 M o n t h s Av e r a g e S a v i n g s P e r Ye a r $1 7 , 4 3 8 . 4 0 TO T A L C O S T $6 2 9 , 7 8 2 . 0 0 ES T I M A T E D T O T A L W/ T A X $6 6 9 , 4 7 3 . 8 6 TO T A L S A V I N G S $8 7 , 1 9 2 . 0 0 Pa y m e n t S u m m a r y Da t e Su b t o t a l Ta x To t a l Ma r 2 0 2 4 $6 2 9 , 7 8 2 . 0 0 $3 9 , 6 9 1 . 8 6 $6 6 9 , 4 7 3 . 8 6 To t a l $6 2 9 , 7 8 2 . 0 0 $3 9 , 6 9 1 . 8 6 $6 6 9 , 4 7 3 . 8 6 Ax o n E n t e r p r i s e , I n c . 17 8 0 0 N 8 5 t h S t . Sc o t t s d a l e , A r i z o n a 85 2 5 5 Un i t e d S t a t e s VA T : 8 6 - 0 7 4 1 2 2 7 Do m e s t i c : ( 8 0 0 ) 97 8 - 2 7 3 7 In t e r n a t i o n a l : +1 . 8 0 0 . 9 7 8 . 2 7 3 7 Exhibit 3 Dec. 12, 2023 Item #6 Page 44 of 50 Pa g e 2 Q- 4 9 8 4 8 6 - 4 5 2 3 8 . 6 9 9 B T Qu o t e U n b u n d l e d P r i c e : $7 1 6 , 9 7 4 . 0 0 Qu o t e L i s t P r i c e : $6 5 3 , 7 2 2 . 0 0 Qu o t e S u b t o t a l : $6 2 9 , 7 8 2 . 0 0 Pr i c i n g Al l d e l i v e r a b l e s a r e d e t a i l e d i n D e l i v e r y S c h e d u l e s s e c t i o n l o w e r i n p r o p o s a l It e m De s c r i p t i o n Qt y Te r m Un b u n d l e d Li s t P r i c e Ne t P r i c e Su b t o t a l Ta x To t a l Pr o g r a m T1 0 C e r t TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 14 0 60 $8 3 . 3 6 $7 5 . 8 3 $7 2 . 9 8 $6 1 3 , 0 3 2 . 0 0 $3 9 , 6 9 1 . 8 6 $6 5 2 , 7 2 3 . 8 6 A l a C a r t e S e r v i c e s 85 1 4 9 CE W 2 D A Y P R O D U C T S P E C I F I C I N S T R U C T O R CO U R S E 1 $6 , 8 0 0 . 0 0 $6 , 8 0 0 . 0 0 $6 , 8 0 0 . 0 0 $0 . 0 0 $6 , 8 0 0 . 0 0 85 1 4 7 CE W S T A R T E R 1 $9 , 9 5 0 . 0 0 $9 , 9 5 0 . 0 0 $9 , 9 5 0 . 0 0 $0 . 0 0 $9 , 9 5 0 . 0 0 To t a l $6 2 9 , 7 8 2 . 0 0 $3 9 , 6 9 1 . 8 6 $6 6 9 , 4 7 3 . 8 6 Dec. 12, 2023 Item #6 Page 45 of 50 Pa g e 3 Q- 4 9 8 4 8 6 - 4 5 2 3 8 . 6 9 9 B T De l i v e r y Sc h e d u l e Ha r d w a r e Bu n d l e It e m De s c r i p t i o n QT Y Es t i m a t e d D e l i v e r y D a t e TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 3 9 0 TA S E R 1 0 H A N D L E , Y L W , C L A S S 3 R 14 0 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 3 9 0 TA S E R 1 0 H A N D L E , Y L W , C L A S S 3 R 4 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 3 9 3 TA S E R 1 0 L I V E D U T Y M A G A Z I N E B L A C K 14 0 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 3 9 3 TA S E R 1 0 L I V E D U T Y M A G A Z I N E B L A C K 4 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 3 9 4 TA S E R 1 0 H A L T T R N M A G A Z I N E B L U E ( H O O K - A N D - L O O P - T R A I N I N G ) 6 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 3 9 5 TA S E R 1 0 L I V E T R A I N I N G M A G A Z I N E P U R P L E 6 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 3 9 6 TA S E R 1 0 I N E R T M A G A Z I N E R E D 6 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 3 9 9 TA S E R 1 0 L I V E C A R T R I D G E 28 0 0 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 4 0 0 TA S E R 1 0 H A L T C A R T R I D G E 84 0 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 4 0 1 TA S E R 1 0 I N E R T C A R T R I D G E 56 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 6 1 1 TA S E R 1 0 S A F A R I L A N D H O L S T E R , R H 14 0 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 6 2 3 EN H A N C E D H O O K - A N D - L O O P T R A I N I N G ( H A L T ) S U I T ( V 2 ) 3 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 0 1 8 TA S E R B A T T E R Y P A C K , T A C T I C A L 14 0 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 0 1 8 TA S E R B A T T E R Y P A C K , T A C T I C A L 24 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 0 1 8 TA S E R B A T T E R Y P A C K , T A C T I C A L 4 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 70 0 3 3 WA L L M O U N T B R A C K E T , A S S Y , E V I D E N C E . C O M D O C K 2 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 71 0 1 9 NO R T H A M E R P O W E R C O R D F O R A B 3 8 - B A Y , A B 2 1 - B A Y / 6 - B A Y D O C K 2 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 74 2 0 0 TA S E R 6 - B A Y D O C K A N D C O R E 2 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 80 0 8 7 TA S E R T A R G E T , C O N D U C T I V E , P R O F E S S I O N A L ( R U G G E D I Z E D ) 2 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 80 0 9 0 TA R G E T F R A M E , P R O F E S S I O N A L , 2 7 . 5 I N . X 7 5 I N . , T A S E R 7 2 03 / 1 5 / 2 0 2 4 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 3 9 9 TA S E R 1 0 L I V E C A R T R I D G E 28 0 03 / 1 5 / 2 0 2 5 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 4 0 0 TA S E R 1 0 H A L T C A R T R I D G E 84 0 03 / 1 5 / 2 0 2 5 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 3 9 9 TA S E R 1 0 L I V E C A R T R I D G E 28 0 03 / 1 5 / 2 0 2 6 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 4 0 0 TA S E R 1 0 H A L T C A R T R I D G E 84 0 03 / 1 5 / 2 0 2 6 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 3 9 9 TA S E R 1 0 L I V E C A R T R I D G E 28 0 03 / 1 5 / 2 0 2 7 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 4 0 0 TA S E R 1 0 H A L T C A R T R I D G E 84 0 03 / 1 5 / 2 0 2 7 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 3 9 9 TA S E R 1 0 L I V E C A R T R I D G E 28 0 03 / 1 5 / 2 0 2 8 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 4 0 0 TA S E R 1 0 H A L T C A R T R I D G E 84 0 03 / 1 5 / 2 0 2 8 So f t w a r e Bu n d l e It e m De s c r i p t i o n QT Y Es t i m a t e d S t a r t D a t e Es t i m a t e d E n d D a t e TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 2 4 8 TA S E R 7 E V I D E N C E . C O M L I C E N S E 14 0 04 / 1 5 / 2 0 2 4 04 / 1 4 / 2 0 2 9 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 2 4 8 TA S E R 7 E V I D E N C E . C O M L I C E N S E 2 04 / 1 5 / 2 0 2 4 04 / 1 4 / 2 0 2 9 Se r v i c e s Bu n d l e It e m De s c r i p t i o n QT Y TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 7 5 1 TA S E R 1 0 D U T Y C A R T R I D G E R E P L A C E M E N T A C C E S S P R O G R A M 14 0 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 1 1 9 TA S E R 7 M A S T E R I N S T R U C T O R S C H O O L V O U C H E R 1 Dec. 12, 2023 Item #6 Page 46 of 50 Pa g e 4 Q- 4 9 8 4 8 6 - 4 5 2 3 8 . 6 9 9 B T Se r v i c e s Bu n d l e It e m De s c r i p t i o n QT Y TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 1 1 9 TA S E R 7 M A S T E R I N S T R U C T O R S C H O O L V O U C H E R 1 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 1 1 9 TA S E R 7 M A S T E R I N S T R U C T O R S C H O O L V O U C H E R 1 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 1 1 9 TA S E R 7 M A S T E R I N S T R U C T O R S C H O O L V O U C H E R 1 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 1 1 9 TA S E R 7 M A S T E R I N S T R U C T O R S C H O O L V O U C H E R 1 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 1 2 0 TA S E R 7 I N S T R U C T O R C O U R S E V O U C H E R 1 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 1 2 0 TA S E R 7 I N S T R U C T O R C O U R S E V O U C H E R 1 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 1 2 0 TA S E R 7 I N S T R U C T O R C O U R S E V O U C H E R 1 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 1 2 0 TA S E R 7 I N S T R U C T O R C O U R S E V O U C H E R 1 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 20 1 2 0 TA S E R 7 I N S T R U C T O R C O U R S E V O U C H E R 1 A l a C a r t e 85 1 4 7 CE W S T A R T E R 1 A l a C a r t e 85 1 4 9 CE W 2 D A Y P R O D U C T S P E C I F I C I N S T R U C T O R C O U R S E 1 Wa r r a n t i e s Bu n d l e It e m De s c r i p t i o n QT Y Es t i m a t e d S t a r t D a t e Es t i m a t e d E n d D a t e TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 7 0 4 EX T W A R R A N T Y , T A S E R 1 0 H A N D L E 14 0 03 / 1 5 / 2 0 2 5 04 / 1 4 / 2 0 2 9 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 10 0 7 0 4 EX T W A R R A N T Y , T A S E R 1 0 H A N D L E 4 03 / 1 5 / 2 0 2 5 04 / 1 4 / 2 0 2 9 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 80 3 7 4 EX T W A R R A N T Y , T A S E R 7 B A T T E R Y P A C K 14 0 03 / 1 5 / 2 0 2 5 04 / 1 4 / 2 0 2 9 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 80 3 7 4 EX T W A R R A N T Y , T A S E R 7 B A T T E R Y P A C K 4 03 / 1 5 / 2 0 2 5 04 / 1 4 / 2 0 2 9 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 80 3 7 4 EX T W A R R A N T Y , T A S E R 7 B A T T E R Y P A C K 24 03 / 1 5 / 2 0 2 5 04 / 1 4 / 2 0 2 9 TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 80 3 9 6 EX T W A R R A N T Y , T A S E R 7 S I X B A Y D O C K 2 03 / 1 5 / 2 0 2 5 04 / 1 4 / 2 0 2 9 Dec. 12, 2023 Item #6 Page 47 of 50 Pa g e 5 Q- 4 9 8 4 8 6 - 4 5 2 3 8 . 6 9 9 B T Pa y m e n t D e t a i l s Ma r 2 0 2 4 In v o i c e P l a n It e m De s c r i p t i o n Qt y Su b t o t a l Ta x To t a l Ye a r 1 85 1 4 7 CE W S T A R T E R 1 $9 , 9 5 0 . 0 0 $0 . 0 0 $9 , 9 5 0 . 0 0 Ye a r 1 85 1 4 9 CE W 2 D A Y P R O D U C T S P E C I F I C I N S T R U C T O R C O U R S E 1 $6 , 8 0 0 . 0 0 $0 . 0 0 $6 , 8 0 0 . 0 0 Ye a r 1 T1 0 C e r t TA S E R 1 0 C e r t i f i c a t i o n B u n d l e 14 0 $6 1 3 , 0 3 2 . 0 0 $3 9 , 6 9 1 . 8 6 $6 5 2 , 7 2 3 . 8 6 To t a l $6 2 9 , 7 8 2 . 0 0 $3 9 , 6 9 1 . 8 6 $6 6 9 , 4 7 3 . 8 6 Dec. 12, 2023 Item #6 Page 48 of 50 Pa g e 6 Q- 4 9 8 4 8 6 - 4 5 2 3 8 . 6 9 9 B T Ta x i s e s t i m a t e d b a s e d o n r a t e s a p p l i c a b l e a t d a t e o f q u o t e a n d s u b j e c t t o c h a n g e a t t i m e o f i n v o i c i n g . I f a t a x e x e m p t i o n c e r t i f i c a t e s h o u l d b e a p p l i e d , p l e a s e s u b m i t pr i o r t o i n v o i c i n g . Co n t r a c t L e a g u e o f O r e g o n C i t i e s ( f k a N P P ) C o n t r a c t N o . P S 2 0 2 7 0 i s i n c o r p o r a t e d b y r e f e r e n c e i n t o t h e t e r m s a n d c o n d i t i o n s o f t h i s A g r e e m e n t . I n t h e e v e n t o f c o n f l i c t t h e t e r m s o f Ax o n ' s M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t s h a l l g o v e r n . St a n d a r d T e r m s a n d C o n d i t i o n s Ax o n E n t e r p r i s e I n c . S a l e s T e r m s a n d C o n d i t i o n s Ax o n M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t : Th i s Q u o t e i s l i m i t e d t o a n d c o n d i t i o n a l u p o n y o u r a c c e p t a n c e o f t h e p r o v i s i o n s s e t f o r t h h e r e i n a n d A x o n ’ s M a s t e r S e r v i c e s a n d P u r c h a s i n g A g r e e m e n t (p o s t e d a t ww w . a x o n . c o m / l e g a l / s a l e s - t e r m s - a n d - c o n d i t i o n s ), a s w e l l a s t h e a t t a c h e d S t a t e m e n t o f W o r k ( S O W ) f o r A x o n F l e e t a n d / o r A x o n I n t e r v i e w R o o m pu r c h a s e , i f a p p l i c a b l e . I n t h e e v e n t y o u a n d A x o n h a v e e n t e r e d i n t o a p r i o r a g r e e m e n t t o g o v e r n a l l f u t u r e p u r c h a s e s , t h a t a g r e e m e n t s h a l l g o v e r n t o t h e ex t e n t i t i n c l u d e s t h e p r o d u c t s a n d s e r v i c e s b e i n g p u r c h a s e d a n d d o e s n o t c o n f l i c t w i t h t h e A x o n C u s t o m e r E x p e r i e n c e I m p r o v e m e n t P r o g r a m A p p e n d i x a s de s c r i b e d b e l o w . A C E I P : Th e A x o n C u s t o m e r E x p e r i e n c e I m p r o v e m e n t P r o g r a m A p p e n d i x , w h i c h i n c l u d e s t h e s h a r i n g o f d e - i d e n t i f i e d s e g m e n t s o f A g e n c y C o n t e n t w i t h A x o n t o de v e l o p n e w p r o d u c t s a n d i m p r o v e y o u r p r o d u c t e x p e r i e n c e ( p o s t e d a t w w w . a x o n . c o m / l e g a l / s a l e s - t e r m s - a n d - c o n d i t i o n s ) , i s i n c o r p o r a t e d h e r e i n b y re f e r e n c e . B y s i g n i n g b e l o w , y o u a g r e e t o t h e t e r m s o f t h e A x o n C u s t o m e r E x p e r i e n c e I m p r o v e m e n t P r o g r a m . Ac c e p t a n c e o f T e r m s : An y p u r c h a s e o r d e r i s s u e d i n r e s p o n s e t o t h i s Q u o t e i s s u b j e c t s o l e l y t o t h e a b o v e r e f e r e n c e d t e r m s a n d c o n d i t i o n s . B y s i g n i n g b e l o w , y o u r e p r e s e n t t h a t y o u ar e l a w f u l l y a b l e t o e n t e r i n t o c o n t r a c t s . I f y o u a r e s i g n i n g o n b e h a l f o f a n e n t i t y ( i n c l u d i n g b u t n o t l i m i t e d t o t h e c o m p a n y , m u n i c i p a l i t y , o r g o v e r n m e n t a g e n c y fo r w h o m y o u w o r k ) , y o u r e p r e s e n t t o A x o n t h a t y o u h a v e l e g a l a u t h o r i t y t o b i n d t h a t e n t i t y . I f y o u d o n o t h a v e t h i s a u t h o r i t y , p l e a s e d o n o t s i g n t h i s Q u o t e . Dec. 12, 2023 Item #6 Page 49 of 50 Pa g e 7 Q- 4 9 8 4 8 6 - 4 5 2 3 8 . 6 9 9 B T \s 1 \ \d 1 \ S i g n a t u r e Da t e Si g n e d 11 / 8 / 2 0 2 3 Dec. 12, 2023 Item #6 Page 50 of 50