HomeMy WebLinkAboutContractAGREEMENT FOR AXON HARDWARE AND SERVICES
(SOFTWARE AS A SERVICES AGREEMENT)
Using State Master Contract #06316
CAG-21-227
THIS AGREEMENT (“Agreement”), dated for reference purposes only as October 12 2021, is by and
between the City of Renton (the “City”/ “AGENCY”), a Washington municipal corporation, and Axon
Enterprise, Inc (“Vendor”/”AXON” ), a Delaware Corporation. The City and the Vendor are referred to
collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is
effective as of the last date signed by both parties (the “Effective Date”).
WHEREAS, the City has entered into the State Master Contracts Usage Agreement (MCUA) #06316
authorizing the use of State Contracts; and,
WHEREAS, through Participating Addendum, Washington State Department of Enterprise Services
(DES) awarded Contract #06316 that provides for Police Body Cameras, Dash Cameras, Video Storage
and Management along with associated hardware and software; and,
WHEREAS, Contractor is a listed and participating Contractor for Contract #06316.
The Parties agree as follows:
1.Scope of Work: Vendor agrees to provide Police Body Cameras, Dash Cameras, Tasers, Data
Storage hosting, Virtual Reality Training and Management along with associated installation,
training, configuration, services, hardware and software as further described in Exhibit A, B, C, D,
and Exhibit E, which is attached and incorporated herein and may hereinafter be referred to as
the “Work.” Vendor shall provide the Work consistent with the requirements of the service level
agreements as set forth in and Exhibit F.
2.Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to
the Work consisting of additions, deletions or modifications with- the parties’ written agreement.
Any such changes to the Work shall be ordered by the City in writing, and the Compensation shall
be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3.Time of Performance: Vendor shall commence performance of the Agreement within 10
business days of the Agreement’s execution and receipt of a Purchase Order.
4.Compensation:
CAG-21-227
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A.Amount.
The amount of the Costs for this Agreement shall not exceed $3,099,741.57 plus any
applicable state and local sales taxes and no line item price shall exceed the amount listed on
the NASPO price sheet, when specified. Costs shall be paid based upon Work actually
performed according to the rate(s) or amounts specified in Exhibit A Quote defined Payment
Plan with the exception of any subscriptions in Exhibit A Quote which are paid on a yearly
basis and training will be billed upon completion.
Except as specifically provided herein, the Vendor shall be solely responsible for payment of
any taxes imposed as a result of the performance and payment of this Agreement.
B.Method of Payment. Except as described in Paragraph A above on an annual basis during any
year in which Work is performed, the Vendor shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the name of
the personnel performing such Work, and any hourly labor charge rate for such personnel.
The Vendor shall also submit a final bill upon completion of all Work. Payment shall be made
by the City for Work performed within sixty (60) calendar days after receipt and approval by
the appropriate City representative of the voucher or invoice. If the Vendor’s performance
does not meet the requirements of this Agreement, the Vendor will correct or modify its
performance to comply with the Agreement. The City may withhold payment for work that
does not meet the requirements of this Agreement.
C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City
of any remedies it may have against the Vendor for failure of the Vendor to perform the Work
or for any breach of this Agreement by the Vendor.
D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment
under this Agreement for any future fiscal period, the City shall not be obligated to make
payments for Work or amounts incurred after the end of the current fiscal period, and this
Agreement will terminate upon the completion of all remaining Work for which funds are
allocated. However, in the event of early termination, the City will either return hardware or
the City will complete purchase of all hardware it chooses to keep per the Pricing Adjustments
for Early Cancelation *MSRP fee chart in Exhibit A.
5.Termination:
A.The City reserves the right to terminate this Agreement at any time, with or without cause
by giving thirty (30) calendar days’ notice to the Vendor in writing. In the event of such
termination or suspension, all finished or unfinished documents, data, studies, worksheets,
models and reports, or other material prepared by the Vendor pursuant to this Agreement
shall be submitted to the City, if any are required as part of the Work.
B.In the event this Agreement is terminated by the City, the Vendor shall be entitled to payment
for all work performed, equipment received and services rendered to the effective date of
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termination, less all payments previously made. If the Agreement is terminated by the City
after partial performance of Work for which the agreed compensation is a fixed fee, the City
shall pay the Vendor an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance of any
of the provisions of this Agreement and such charges due to the City shall be deducted from
the final payment due the Vendor. No payment shall be made by the City for any expenses
incurred or work done following the effective date of termination unless authorized in
advance in writing by the City. However, in the event of early termination, the City will either
return hardware or the City will complete purchase of all hardware it chooses to keep per the
Pricing Adjustments for Early Cancelation *MSRP fee chart in Exhibit A.
C. Return of Information. Upon the written request of City, Consultant shall return all of the
City’s information (information includes Agency Content and its meta data as defined in D)
in a usable format agreed to by the City at no additional cost to the City. Per Exhibit G, Axon
provides both free post termination migration services or can be contracted for services for
a $10,000 fee.
6. Warranties and Right to Use Work Product: Vendor represents and warrants that Vendor will
perform all Work identified in this Agreement in a professional and workmanlike manner and in
accordance with all reasonable and professional standards and laws.
7. Record Maintenance: The Vendor shall maintain accounts and records, which properly reflect all
direct and indirect costs expended and Work provided in the performance of this Agreement and
retain such records for as long as may be required by applicable Washington State records
retention laws, but in any event no less than six years after the termination of this Agreement.
The Vendor agrees to provide access to and copies of any records related to this Agreement as
required by the City to audit expenditures and charges and/or to comply with the Washington
State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the
expiration or termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply with the
Washington State Public Records Act, Vendor shall make a due diligent search of all records in its
possession or control relating to this Agreement and the Work, including, but not limited to, e-
mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and
provide them to the City for production. In the event Vendor believes said records need to be
protected from disclosure, it may, at Vendor’s own expense, seek judicial protection. Damages
for violation of this clause by Vendor would include all costs, including attorneys’ fees, attendant
to any claim or litigation related to a Public Records Act request for which Vendor has responsive
records and for which Vendor has withheld records or information contained therein, or not
provided them to the City in a timely manner Subject to liability caps in Paragraph 10 below.
Vendor shall produce for distribution any and all records responsive to the Public Records Act
request in a timely manner, unless those records are protected by court order. The provisions of
this section shall survive the expiration or termination of this Agreement.
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9.Independent Contractor Relationship:
A.The Vendor is retained by the City only for the purposes and to the extent set forth in this
Agreement. The nature of the relationship between the Vendor and the City during the
period of the Work shall be that of an independent contractor, not employee. The Vendor,
not the City, shall have the power to control and direct the details, manner or means of Work.
Specifically, but not by means of limitation, the Vendor shall have no obligation to work any
particular hours or particular schedule, unless otherwise indicated in the Scope of Work or
where scheduling of attendance or performance is mutually arranged due to the nature of
the Work. Vendor shall retain the right to designate the means of performing the Work
covered by this agreement, and the Vendor shall be entitled to employ other workers at such
compensation and such other conditions as it may deem proper, provided, however, that any
contract so made by the Vendor is to be paid by it alone, and that employing such workers,
it is acting individually and not as an agent for the City.
B.The City shall not be responsible for withholding or otherwise deducting federal income tax
or Social Security or contributing to the State Industrial Insurance Program, or otherwise
assuming the duties of an employer with respect to Vendor or any employee of the Vendor.
C.If the Vendor is a sole proprietorship or if this Agreement is with an individual, the Vendor
agrees to notify the City and complete any required form if the Vendor retired under a State
of Washington retirement system and agrees to indemnify any losses the City may sustain
through the Vendor’s failure to do so.
10.Hold Harmless: The Vendor agrees to release, indemnify, defend, and hold harmless the City,
elected officials, employees, officers, representatives, and volunteers from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or
attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising
from, resulting from, or related to the negligent acts, errors or omissions of the Vendor in its
performance of this Agreement, except for that portion of the claims caused by the City’s sole
negligence.
Axon’s liability to any Party for loss or damage resulting from claims, demands or action arising
out of or relating to any Axon Devise or Service will not exceed the price paid to Axon by the City
over the 12 months preceding the claim or $615,000 whichever is higher. Axon’s Public Records
Request liability will not exceed $2,000,000 (two million dollars).
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Vendor and
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the City, its officers, officials, employees and volunteers, Vendor’s liability shall be only to the
extent of Vendor’s negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Vendor’s waiver of immunity under the Industrial Insurance Act, RCW Title
51, solely for the purposes of this indemnification. The Parties have mutually negotiated and
agreed to this waiver. The provisions of this section shall survive the expiration or termination of
this Agreement.
11.Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees
from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or
corporation involved in a contract or transaction. To ensure compliance with the City’s Code of
Ethics and state law, the Vendor shall not give a gift of any kind to City employees or officials.
Vendor also confirms that Vendor does not have a business interest or a close family relationship
with any City officer or employee who was, is, or will be involved in selecting the Vendor,
negotiating or administering this Agreement, or evaluating the Vendor’s performance of the
Work.
12.City of Renton Business License: Unless exempted by the Renton Municipal Code, Vendor shall
obtain a City of Renton Business License prior to performing any Work and maintain the business
license in good standing throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13.Insurance: Vendor shall secure and maintain:
A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each
occurrence/$2,000,000 aggregate for the Term of this Agreement.
B.In the event that Work delivered pursuant to this Agreement either directly or indirectly
involve or require Professional Services, Professional Liability/ Errors and Omissions coverage
shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services",
for the purpose of this section, shall mean any Work provided by a licensed professional or
Work that requires a professional standard of care.
C.Workers’ Compensation Coverage, as required by the Industrial Insurance laws of the State
of Washington, shall also be secured.
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D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or
non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there
will be any use of Vendor’s vehicles on the City’s Premises by or on behalf of the City, beyond
normal commutes.
E.Cyber Liability Insurance is required, with limits not less than $2,000,000 per occurrence or
claim, with $2,000,000 aggregate minimum. Coverage shall be sufficiently broad to respond
to the duties and obligations as is undertaken by Vendor in this agreement and shall include,
but not be limited to, coverage, including defense, for the following losses or services: claims
involving infringement of intellectual property, infringement of copyright, trademark, trade
dress, invasion of privacy violations, information theft, damage to or destruction of electronic
information, release of private information, alteration of electronic information, extortion
and network security, coverage for unauthorized access and use, failure of security, breach
of confidential information, or privacy perils. The policy shall provide coverage for breach
response costs, to include but not limited to crisis management services, credit monitoring,
public relations, legal service advice, notification of affected parties, independent
information security forensics firm, and costs to re-secure, re-create and restore data or
systems as well as regulatory fines and penalties with limits sufficient to respond to these
obligations.
F.Vendor shall name the City as an Additional Insured on its commercial general liability policy
on a non-contributory primary basis. The City’s insurance policies shall not be a source for
payment of any Vendor liability, nor shall the maintenance of any insurance required by this
Agreement be construed to limit the liability of Vendor to the coverage provided by such
insurance or otherwise limit the City’s recourse to any remedy available at law or in equity.
Additional Insured requirements do not apply to Cyber Liability nor Professional Liability
insurance, if applicable.
G.Subject to the City’s review and acceptance, a certificate of insurance showing the proper
endorsements, shall be delivered to the City before performing the Work.
H.Vendor shall provide the City with written notice of any policy cancellation, within two (2)
business days of their receipt of such notice.
14.Safeguarding of Personal Information; Intellectual Property:
A.Personal Information: Vendor shall not use or disclose Personal Information, as defined in
chapter 19.255 RCW, in any manner that would constitute a violation of federal law or
applicable provisions of Washington State law. Vendor agrees to comply with all federal and
state laws and regulations, as currently enacted or revised, regarding data security and
electronic data interchange of Personal Information.
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Vendor shall ensure its directors, officers, employees, subcontractors or agents use Personal
Information solely for the purposes of accomplishing the services set forth in the Agreement.
Vendor shall protect Personal Information collected, used, or acquired in connection with the
Agreement, against unauthorized use, disclosure, modification or loss.
Vendor and its sub-providers agree not to release, divulge, publish, transfer, sell or otherwise
make Personal Information known to unauthorized persons without the express written
consent of City or as otherwise authorized by law.
Vendor agrees to implement physical, electronic, and managerial policies, procedures, and
safeguards to prevent unauthorized access, use, or disclosure of Personal Information.
Vendor shall make the Personal Information available to amend as directed by City and
incorporate any amendments into all the copies maintained by the Vendor or its
subcontractors. Vendor shall certify its return or destruction upon expiration or termination
of the Agreement and the Vendor shall retain no copies. If Vendor and City mutually
determine that return or destruction is not feasible, the Vendor shall not use the Personal
Information in a manner other than those permitted or authorized by state and federal laws.
Vendor shall notify City in writing immediately upon becoming aware of any unauthorized
access, use or disclosure of Personal Information. Vendor shall take necessary steps to
mitigate the harmful effects of such use or disclosure. Vendor is financially responsible for
notification of any unauthorized access, use or disclosure. The details of the notification must
be approved by City.
Any breach of this clause may result in termination of the Agreement and the demand for
return of all Personal Information.
B. Intellectual Property: Each Party retains all right, title, and interest under applicable
contractual, copyright and related laws to their respective information, including the right to
use such information for all purposes permissible by applicable laws, rules, and regulations.
15. Delays: Vendor is not responsible for delays caused by factors beyond the Vendor’s reasonable
control. When such delays beyond the Vendor’s reasonable control occur, the City agrees the
Vendor is not responsible for damages, nor shall the Vendor be deemed to be in default of the
Agreement.
16. Successors and Assigns: Neither the City nor the Vendor shall assign, transfer or encumber any
rights, duties or interests accruing from this Agreement without the written consent of the other.
17. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time to time
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by such party), and given personally, by registered or certified mail, return receipt requested, by
nationally recognized overnight courier service or email. Time period for notices shall be deemed
to have commenced upon the date of receipt. Email and telephone may be used for purposes of
administering the Agreement, but telephone should not be used to give any formal notice
required by the Agreement.
CITY OF RENTON
Debbie Scott
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6939
Email: dscott@Rentonwa.gov
And to:
Email: CityClerk@Rentonwa.gov
VENDOR
Axon Enterprises, Inc
Attn: Legal
17800 N. 85th Street
Scottsdale, Arizona 85255
Email: legal@axon.com
18.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Vendor agrees as follows:
A.Vendor, and Vendor’s agents, employees, representatives, and volunteers with regard to the
Work performed or to be performed under this Agreement, shall not discriminate on the
basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or
preference, age (except minimum age and retirement provisions), honorably discharged
veteran or military status, or the presence of any sensory, mental or physical handicap, unless
based upon a bona fide occupational qualification in relationship to hiring and employment,
in employment or application for employment, the administration of the delivery of Work or
any other benefits under this Agreement, or procurement of materials or supplies.
B.The Vendor will take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, creed, color,
national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital
status. Such action shall include, but not be limited to the following employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation and selection for training.
C.If the Vendor fails to comply with any of this Agreement’s non-discrimination provisions, the
City shall have the right, at its option, to cancel the Agreement in whole or in part.
D.The Vendor is responsible to be aware of and in compliance with all federal, state and local
laws and regulations that may affect the satisfactory completion of the project, which
includes but is not limited to fair labor laws, worker's compensation, and Title VI of the
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Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution
Number 4085.
19.Miscellaneous: The parties hereby acknowledge:
A.The City is not responsible to train or provide training for Vendor.
B.Vendor will not be reimbursed for job related expenses except to the extent specifically
agreed within the attached exhibits.
C.Vendor shall furnish all tools and/or materials necessary to perform the Work except to the
extent specifically agreed within the attached exhibits.
D.In the event special training, licensing, or certification is required for Vendor to provide Work
he/she will acquire or maintain such at his/her own expense and, if Vendor employs, sub-
contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-
contractor/assignee will acquire and or maintain such training, licensing, or certification.
E.This is a non-exclusive agreement and Vendor is free to provide his/her Work to other
entities, so long as there is no interruption or interference with the provision of Work called
for in this Agreement.
F.Vendor is responsible for his/her own insurance, including, but not limited to health
insurance.
G.Vendor is responsible for his/her own Worker’s Compensation coverage as well as that for
any persons employed by the Vendor.
20.Other Provisions:
A.Approval Authority. Each individual executing this Agreement on behalf of the City and
Vendor represents and warrants that such individuals are duly authorized to execute and
deliver this Agreement on behalf of the City or Vendor.
B.General Administration and Management. The City’s project manager is Debbie Scott, Senior
Business Systems Analyst, dscott@rentonwa.gov. In providing Work, Vendor shall coordinate
with the City’s contract manager or his/her designee.
C.Amendment and Modification. This Agreement may be amended only by an instrument in
writing, duly executed by both Parties.
D.Conflicts. In the event of any inconsistencies between Vendor proposals and this Agreement,
the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are
incorporated by reference only to the extent of the purpose for which they are reference d
within this Agreement. To the extent a Vendor prepared exhibit conflicts with the terms in
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the body of this Agreement or contains terms that are extraneous to the purpose for which
it is referenced, the terms in the body of this Agreement shall prevail and the extraneous
terms shall not be incorporated herein.
E.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in
accordance with the laws of the State of Washington and the City of Renton. Vendor and all
of the Vendor’s employees shall perform the Work in accordance with all applicable federal,
state, county and city laws, codes and ordinances.
F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the
joint efforts of the Parties and shall not be construed against one party or the other as a result
of the preparation, substitution, submission or other event of negotiation, drafting or
execution.
G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King County
Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent,
King County, Washington, or its replacement or successor. Vendor hereby expressly consents
to the personal and exclusive jurisdiction and venue of such court even if Vendor is a foreign
corporation not registered with the State of Washington.
H.Severability. A court of competent jurisdiction’s determination that any provision or part of
this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this
Agreement, which shall remain in full force and effect.
I.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and
any representations or understandings, whether oral or written, not incorporated are
excluded.
J.Time is of the Essence. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor. Adherence to completion dates set forth in the
description of the Work is essential to the Vendor’s performance of this Agreement.
K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to
give any rights or benefits in the Agreement to anyone other than the Parties, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of the Parties and no one else.
L.Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal
representatives to the other party to this Agreement, and to the partners, successors,
assigns, and legal representatives of such other party with respect to all covenants of the
Agreement.
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M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure
to enforce any provision of this Agreement shall not be a waiver and shall not prevent either
the City or Vendor from enforcing that provision or any other provision of this Agreement in
the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a
waiver of any prior or subsequent breach unless it is expressly waived in writing.
N.Counterparts. The Parties may execute this Agreement in any number of counterparts, each
of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last
signed by the Parties below.
CITY OF RENTON
By:_____________________________
VENDOR
By:____________________________
Armondo Pavone
Mayor, City of Renton
Bobby Driscoll
VP Associate GC
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Moloney
City Attorney
IT-Contract Template 6/17/2021
Non-standard clb 10/14/21(1687)
10-26-2021
Approved by Cheryl Beyer via 10/14/2021 email
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Exhibit and Addendum Table of Contents
Exhibit A – Quote ....................................................................................................................................................................... 13
Pricing Adjustments for Early Cancelation when Keeping Equipment ................................................................ 27
Exhibit B – Schedule of Deliverables ......................................................................................................................................... 29
Exhibit C – Statement of Work between Axon Enterprise and Agency ...................................................................................... 31
Exhibit D – Master Services and Purchasing Agreement between Axon and Agency ............................................................... 34
Axon Cloud Services Terms of Use Appendix ....................................................................................................... 37
Professional Services Appendix ........................................................................................................................... 40
Technology Assurance Plan Appendix ................................................................................................................. 43
TASER 7 Appendix ................................................................................................................................................ 45
Axon Auto-Tagging Appendix .............................................................................................................................. 47
Axon Respond Appendix ...................................................................................................................................... 50
Add-on Services Appendix ................................................................................................................................... 51
Axon Auto-Transcribe Appendix .......................................................................................................................... 52
Axon Virtual Reality Content Terms of Use Appendix .......................................................................................... 53
Exhibit E – Axon Evidence Prosecutor Services Agreement ...................................................................................................... 54
Exhibit G – Post Termination Data Migration ............................................................................................................................. 59
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Exhibit A – Quote
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Pricing Adjustments for Early Cancelation when Keeping Equipment
Renton MSRP/NASPO * Year Rate
Under contract
Lowest
Total
Higher Year Rate
for Cancelled Years
Penalty
Increase/Yr Item Description QTY Per Unit Total
11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 143 $0.00 $0.00 $0.00 NASPO $1,415.70 $283.14 $283.14
11635 CRADLEPOINT IBR1700-1200M-NPS+5 YEAR NETCLOUD 100 $0.00 $0.00 $0.00 MSRP $125,900.00 $25,180.00 $25,180.00
20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 4 $1,264.33 $5,057.32 $1,011.46 MSRP $6,880.00 $1,376.00 $364.54
20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 130 $1,264.33 $164,362.90 $32,872.58 MSRP $223,600.00 $44,720.00 $11,847.42
20018 TASER 7 BATTERY PACK, TACTICAL 156 $63.22 $9,862.32 $1,972.46 MSRP $13,416.00 $2,683.20 $710.74
20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 3 $551.31 $1,653.93 $330.79 MSRP $2,250.00 $450.00 $119.21
20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 130 $58.81 $7,645.30 $1,529.06 MSRP $10,400.00 $2,080.00 $550.94
20188 VR CONTROLLER KIT PELICAN CASE 2 $147.02 $294.04 $58.81 MSRP $400.00 $80.00 $21.19
20296 SAMSUNG S7+ TABLET FOR VR SIMULATOR 2 $624.81 $1,249.62 $249.92 MSRP $2,000.00 $400.00 $150.08
20297 SAMSUNG S7+ TABLET CASE FOR VR SIMULATOR 2 $36.75 $73.50 $14.70 MSRP $60.00 $12.00 ($2.70)
20298 VR-ENABLED GLOCK 17 CONTROLLER 2 $374.89 $749.78 $149.96 MSRP $1,020.00 $204.00 $54.04
20378 HTC SUNRISE VR HEADSET 6 $955.60 $5,733.60 $1,146.72 Both $7,800.00 $1,560.00 $413.28
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 390 $27.93 $10,892.70 $2,178.54 MSRP $14,820.00 $2,964.00 $785.46
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 390 $27.93 $10,892.70 $2,178.54 MSRP $14,820.00 $2,964.00 $785.46
22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
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22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 260 $27.93 $7,261.80 $1,452.36 MSRP $9,880.00 $1,976.00 $523.64
22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 50 $36.02 $1,801.00 $360.20 MSRP $2,450.00 $490.00 $129.80
22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 50 $36.02 $1,801.00 $360.20 MSRP $2,450.00 $490.00 $129.80
22196 TASER 7 VR CARTRIDGE, STANDOFF (3.5-DEGREE) 4 $44.10 $176.40 $35.28 MSRP $240.00 $48.00 $12.72
22197 TASER 7 VR CARTRIDGE, CLOSE-QUARTERS (12-DEGREE) 4 $44.10 $176.40 $35.28 MSRP $240.00 $48.00 $12.72
70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 17 $32.27 $548.59 $109.72 NASPO $671.67 $134.33 $24.62
70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 $32.27 $64.54 $12.91 NASPO $79.02 $15.80 $2.90
70112 AXON SIGNAL UNIT 100 $254.26 $25,426.00 $5,085.20 NASPO $25,110.00 $5,022.00 ($63.20)
70117 AXON SIGNAL UNIT, CABLE ASSEMBLY 100 $22.78 $2,278.00 $455.60 NASPO $2,250.00 $450.00 ($5.60)
71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 17 $7.68 $130.56 $26.11 NASPO $159.89 $31.98 $5.86
71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 $7.68 $15.36 $3.07 NASPO $18.81 $3.76 $0.69
71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 260 $0.74 $192.40 $38.48 MSRP $260.00 $52.00 $13.52
71204 FLEET ANT, AIRGAIN, 9-IN-1, 4LTE, 4WIFI, 1GNSS 100 $345.00 $34,500.00 $6,900.00 NASPO $35,910.00 $7,182.00 $282.00
72036 FLEET 3 STANDARD 2 CAMERA KIT 3 $1,972.54 $5,917.62 $1,183.52 NASPO $6,493.50 $1,298.70 $115.18
72036 FLEET 3 STANDARD 2 CAMERA KIT 100 $1,972.54 $197,254.00 $39,450.80 NASPO $216,450.00 $43,290.00 $3,839.20
73202 AXON BODY 3 - NA10 4 $629.10 $2,516.40 $503.28 NASPO $2,516.40 $503.28 $0.00
73202 AXON BODY 3 - NA10 130 $629.10 $81,783.00 $16,356.60 NASPO $81,783.00 $16,356.60 $0.00
74028 WING CLIP MOUNT, AXON RAPIDLOCK 143 $0.00 $0.00 $0.00 NASPO $4,028.31 $805.66 $805.66
74110 FLEET ETHERNET CABLE, CAT6, 25 FT 100 $24.04 $2,404.00 $480.80 NASPO $2,250.00 $450.00 ($30.80)
74200 TASER 7 6-BAY DOCK AND CORE 2 $1,102.61 $2,205.22 $441.04 MSRP $3,000.00 $600.00 $158.96
74210 AXON BODY 3 - 8 BAY DOCK 17 $1,495.00 $25,415.00 $5,083.00 NASPO $22,873.50 $4,574.70 ($508.30)
75015 SIGNAL SIDEARM KIT 130 $183.03 $23,793.90 $4,758.78 NASPO $29,133.00 $5,826.60 $1,067.82
80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 2 $110.26 $220.52 $44.10 MSRP $300.00 $60.00 $15.90
80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 2 $55.13 $110.26 $22.05 MSRP $150.00 $30.00 $7.95
$728,863.08 $145,772.62 $1,001,918.80 $200,383.76 $54,611.14
* Early termination fees (MSRP/NASPO) will be paid upon termination for remaining years not under contract when City chooses to keep
equipment.
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Exhibit B – Schedule of Deliverables
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Exhibit C – Statement of Work between Axon Enterprise and Agency
Introduction
This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise,
Inc. (“AXON”), and the City of Renton - WA the (“AGENCY”) for the purchase of the Axon Fleet in-car
video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project
Manager/The AXON installer)
Purpose and Intent
AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering
into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction
with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or
provide pursuant to the terms of this SOW.
This SOW contains the entire agreement between the parties. There are no promises, agreements,
conditions, inducements, warranties or understandings, written or oral, expressed or implied, between
the parties, other than as set forth or referenced in the SOW.
Acceptance
Upon completion of the services outlined in this SOW, AGENCY will be provided a professional
services acceptance form (“Acceptance Form”). AGENCY will sign the Acceptance Form
acknowledging that services have been completed in substa ntial conformance with this SOW and the
Agreement. If AGENCY reasonably believes AXON did not complete the professional services in
conformance with this SOW, AGENCY will make best effort to notify AXON in writing of the specific
reasons within fourteen (14) calendar days from delivery of the Acceptance Form. AXON will remedy
the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does
not receive the signed Acceptance Form or written notification of the reasons for rejection within
fourteen (14) calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have
accepted the services in accordance to this SOW.
Force Majeure
Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to
causes beyond the party’s reasonable control and not avoidable by diligence.
Schedule Change
Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and
times of Axon Fleet in-car Solution installation to be performed pursuant of this Statement of Work.
Axon Fleet Deliverables
Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager
will deliver to AGENCY’s primary point of contact via electronic media, controlled documentation,
guides, instructions and videos followed by available dates for the initial project review and customer
readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said
documents for use by its employees only.
Security Clearance and Access
Upon AGENCY’s request, AXON will provide the AGENCY a list of AXON employees, agents, installers
or representatives which require access to the AGENCY’s facilities in order to perform Work pursuant
of this Statement of Work. AXON will ensure that each employee, agent or representative has been
informed of and consented to a criminal background investigation by AGENCY for the purposes of
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being allowed access to AGENCY‘s facilities. AGENCY is responsible for providing AXON with all
required instructions and documentation accompanying the security background check’s requirements.
Training
AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet
application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and
AXON.
Local Computer
AGNECY is responsible for providing a mobile data computer (MDC) with the same software,
hardware, and configuration that AGENCY personnel will use with the AXON system being installed.
AGENCY is responsible for making certain that any and all security settings (port openings, firewall
settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation,
configuration and testing of the aforementioned deliverables.
Network
AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate
endpoints and AXON is not liable for network breach, data interception, or loss of data due to
misconfigured firewall settings or virus infection, except to the extent that such virus or infection is
caused, in whole or in part, by defects in the deliverables.
Cradlepoint Router
When applicable, AGENCY must provide AXON Installers with temporary administrative access to
Cradlepoint’s NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of
Work.
New Cradlepoint modems will be installed by AXON with the SIM card that was previously installed in
the vehicle’s previous modem. Cradlepoint modems will be labeled with existing or new labels
identifying the IP Address and Phone Number assigned to that vehicle’s SIM.
Evidence.com
AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to
the extent necessary to perform Work pursuant of this SOW.
VEHICLE INSTALLATION
Preparedness
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to
an AXON Installer less weapons and items of evidence. Vehicle(s) will be deemed ‘out of service’ to
the extent necessary to perform Work pursuant of this SOW.
Existing Mobile Video Camera System Removal
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to
an AXON Installer which will remove from said vehicles all components of the existing mobile video
camera system unless otherwise agreed upon by the AGENCY. Major components will be salvaged by
the AXON Installer. Wires and cables are considered expendable and will not be salvaged. Any
modems that are removed from the vehicle shall have the SIM Card door re-installed after the SIM
cards are removed from the modem. Salvaged components will be placed in a designated area by the
AGENCY within close proximity of the vehicle in an accessible work space.
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Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY
and the AXON Installer to test the vehicle’s systems’ operation to identify and operate, documenting
any existing component or system failures and in detail, identify which components of the existing
mobile video camera system will be removed by the AXON Installer.
In-Car Hardware/Software Delivery and Installation
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to
an AXON Installer, who will install and configure in each vehicle in accordance with the specifications
detailed in the system’s installation manual and its relevant addendum(s). Applicable in-car hardware
will be installed and configured as defined and validated by the AGENCY during the pre -deployment
discovery process.
If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will
provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not
being available at agreed upon dates and times may results in additional fees to the AGENCY. If the
AXON Installer determines that a vehicle is not properly prepared for installation (“Not Fleet Ready”),
such as a battery not being properly charged or properly up-fit for in-service, field operations, the issue
shall be reported immediately to the AGENCY for resolution and a date and time for the future
installation shall be agreed upon by the parties.
Upon completion of installation and configuration, AXON will systematically test all installed and
configured in-car hardware and software to ensure that ALL functions of the hardware and software are
fully operational and that any deficiencies are corrected unless otherwise agreed upon by the
AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each
vehicle accepted for installation.
Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the
AXON Installer to test the vehicle’s existing systems’ operation to identify, document any existing
component or vehicle systems’ failures. Prior to any vehicle up-fitting the AXON Installer will introduce
the system’s components, basic functions, integrations and systems overview along with reference to
AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the
AGENCY and the AXON Installer to agree on placement of each component, the antenna(s),
integration recording trigger sources and customer preferred power, ground and ignition sources prior
to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type.
Agreed placement will be documented by the AXON Installer.
AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise
agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration.
The second vehicle will be used for an assisted installation training demonstration. The installation
training session is customary to any AXON Fleet installation service regardless of who performs the
continued Axon Fleet system installations.
The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or
customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification
program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd
party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its
existing systems and AXON Fleet hardware.
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Exhibit D – Master Services and Purchasing Agreement
between Axon and Agency
This Master Services and Purchasing Agreement (“MSPA”) is between the Vendor (“Axon”), and the City
(“Agency”). Axon and Agency are each a “Party” and collectively “Parties”. This Agreement governs
Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Exhibit A (“Quote”).
It is the intent of the Parties that this Agreement act as a master agreement governing all subsequent
purchases by Agency for the same Axon products and services in the Quote, and all such subsequent
quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote
(Subsequent purchases under this EXHIBIT D will be an Addendum/Amendment to the Professional
Services Agreement for which this is EXHIBIT D. The Parties therefore agree as follows:
1 Definitions.
“Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon
Dispatch, and interactions between Evidence.com and Axon Devices or Axon client software.
Axon Cloud Service excludes third-party applications, hardware warranties, and
my.evidence.com.
“Axon Device” means all hardware provided by Axon under this Agreement.
“Quote” means an offer to sell and is only valid for devices and services on the quote at the
specified prices. Any terms within Agency’s purchase order in response to a Quote will be void.
Orders are subject to prior credit approval. Changes in the deployment estimated ship date may
change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for
typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders
resulting from such errors.
“Services” means all services provided by Axon under this Agreement, including software, Axon
Cloud Services, and professional services.
2 Term. This Agreement begins on the Effective Date and continues until all subscriptions
hereunder have expired or have been terminated (“Term”).
All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology
Assurance Plans, and TASER 7 plans begin after shipment of the applicable Axon Device. If Axon
ships the Axon Device in the first half of the month, the start date is the 1st of the following month.
If Axon ships the Axon Device in the second half of the month, the start date is the 15th of the
following month. For purchases solely of Axon Evidence subscriptions, the start date is the
Effective Date. Each subscription term ends upon completion of the subscription stated in the
Quote (“Subscription Term”).
3 Payment. See Agreement Section 4 B.
4 Taxes. See Agreement Section 4A.
5 Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All
shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon
Agency’s signed receipt of delivery of the product Agency is responsible for any shipping charges
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in the Quote.
6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns
or as provided by state or federal law.
7 Warranty.
7.1 Hardware Limited Warranty. Axon warrants that Axon-manufactured Devices are free
from defects in workmanship and materials for 1 year from the date of Agency’s receipt,
except Signal Sidearm, which Axon warrants for 30 months from the date of Agency’s
receipt. Axon warrants its Axon-manufactured accessories for 90-days from the date of
Agency’s receipt. Used conducted energy weapon (“CEW”) cartridges are deemed to have
operated properly. Extended warranties run from the expiration of the 1-year hardware
warranty through the extended warranty term. Non-Axon manufactured Devices are not
covered by Axon’s warranty. Agency should contact the manufacturer for support of non-
Axon manufactured Devices.
7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during
the warranty term, Axon’s sole responsibility is to repair or replace the Device with the
same or like Device, at Axon’s option. A replacement Axon Device will be new or like new.
Axon will warrant the replacement Axon Device for the longer of (a) the remaining warranty
of the original Axon Device or (b) 90-days from the date of repair or replacement.
If Agency exchanges a device or part, the replacement item becomes Agency’s property,
and the replaced item becomes Axon’s property. Before delivering a Axon Device for
service, Agency must upload Axon Device data to Axon Evidence or download it and retain
a copy. Axon is not responsible for any loss of software, data, or other information
contained in storage media or any part of the Axon Device sent to Axon for s ervice.
7.3 Spare Axon Devices. For qualified purchases, Axon may provide Agency a
predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon
Devices”). Spare Axon Devices are intended to replace broken or non-functioning units
while Agency submits the broken or non-functioning units, through Axon’s warranty return
process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk
of loss for all Spare Axon Devices shall pass to 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.
7.4 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.
7.4.1 To the extent permitted by law, the above warranties and remedies are
exclusive. Axon disclaims all other warranties, remedies, and conditions,
whether oral, written, statutory, or implied. If statutory or implied warranties
cannot be lawfully disclaimed, then such warranties are limited to the
duration of the warranty described above and by the provisions in this
Agreement.
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8 Statement of Work. See primary Agreement Section 1.
9 Axon Device Warnings. See Product Warnings section from www.axon.com/legal for the most
current Axon Device warnings.
10 Design Changes. Axon may make design changes to any Axon Device or Service without
notifying Agency or making the same change to Axon Devices and Services previously purchased
by Agency.
11 Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time
of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what
is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an
Axon bundle.
12 Insurance. See primary Agreement
13 Indemnification. See primary Agreement
14 IP Rights. Axon owns and reserves all right, title, and interest in Axon devices and services and
suggestions to Axon, including all related intellectual property rights. Agency will not cause any
Axon proprietary rights to be violated.
15 IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and
reasonable expenses from any third-party claim alleging that the use of Axon Devices or Services
infringes or misappropriates the third-party’s intellectual property rights. Agency must promptly
provide Axon with written notice of such claim, tender to Axon the defense or settlement of such
claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim.
Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon
Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon Devices
and Services in combination with hardware or services not approved by Axon; (c) use of Axon
Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that
is not the most current release provided by Axon.
16 Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach
of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a
dispute between Agency and a third-party over Agency’s use of Axon Devices.
17 Termination. See primary agreement
18 Confidentiality. “Parties agree that this agreement, pricing terms, communications between the
Parties etc. are public records under RCW 42.56 the Public Records Act. The Parties agree that
information related to Axon’s infrastructure and security vulnerabilities will not be provided without
10 days third party notice to Axon to seek an injunction to prevent or limit disclosure.
19 General. See primary agreement
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Axon Cloud Services Terms of Use Appendix
1 Definitions.
“Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s
tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content
includes Evidence but excludes Non-Content Data.
“Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is
a subset of Agency Content.
“Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud Services
tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon
Devices. Non-Content Data includes data about users captured during account management and customer
support activities. Non-Content Data does not include Agency Content.
“Personal Data” means any information relating to an identified or identifiable natural person. An
identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an
identifier such as a name, an identification number, location data, an online identifier or to one or more
factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that
natural person.
2 Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use
Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than
the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon
Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and
TASER CAM data (“TASER Data”). Agency may not upload non-TASER Data to Axon Evidence Lite.
3 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.
4 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 Cloud Services and Agency Content including logical, physical
access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of
uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of
Investigation Criminal Justice Information Services Security Addendum.
5 Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b)
ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates
this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet
connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement
by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services.
Agency will also maintain the security of end user names and passwords and security and access by end
users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud
Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense
access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may
be using Agency’s account or Agency Content, or if account information is lost or stolen.
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To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed
by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.
6 Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a
current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy . 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.
7 Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where
GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency
administrators can manage their choice to use this service within the administrative features of Axon Cloud
Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for
Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless
Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is
enabled by both Axon and Agency, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc.
(“Skyhook”) to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope
of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy.
8 Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in
Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device.
Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place
Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency
Content in archival storage will not have immediate availability and may take up to 24 hours to access.
9 Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage. Axon
will determine the locations of data centers for storage of Agency Content. For United States agencies,
Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States.
Ownership of Agency Content remains with Agency.
10 Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion
or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for
Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely
impact Axon Cloud Services , the systems, or content of any other customer; (c) subject Axon, Axon’s
affiliates, or any third-party to liability; or (d) be fraudulent.
Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content
because of suspension, except as specified in this Agreement.
11 Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or
errors before Agency uploads data to Axon Cloud Services.
12 Axon Records. Axon Records is the software-as-a-service product that is generally available at the time
Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term, Agency will be
entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.
The Axon Records Subscription Term will end upon the competition of the Axon Records Subscription as
documented in the Quote, or if purchased as part of an OSP 7 bundle, upon competition of the OSP 7 Term
(“Axon Records Subscription”).
An “Update” is a generally available release of Axon Records that Axon makes available from time to time.
An “Upgrade” includes (i) new versions of Axon Records that enhance features, functionality and system
security, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional
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features or perform additional functions. Upgrades exclude new products that Axon introduces and markets
as distinct products or applications.
New or additional Axon products and applications, as well as any Axon professional services needed to
configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering,
the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date
Axon provisions Axon Records to Agency.
13 Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors,
agents, officers, volunteers, and directors), may not, or may not attempt to:
13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive
any source code included in Axon Cloud Services, or allow others to do the same;
13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring
fees or exceeding usage limits or quotas;
13.4 use trade secret information contained in Axon Cloud Services, except as expressly permitted in
this Agreement;
13.5 access Axon Cloud Services to build a competitive device or service or copy any features,
functions, or graphics of Axon Cloud Services;
13.6 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and
trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or
13.7 use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious
material; to store or transmit material in violation of third-party privacy rights; or to store or transmit
malicious code.
14 After Termination. Axon will not delete Agency Content for 120-days following termination. There will be
no functionality of Axon Cloud Services during these 90-days other than the ability to retrieve Agency
Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud
Services during this time. Axon has no obligation to maintain or provide Agency Content after these 120-
days and will thereafter, unless legally prohibited, delete all Agency Content. Upon request, Axon will
provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud
Services.
15 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval
assistance that Axon generally makes available to all customers at no cost.
16 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf
of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,” “commercial
computer software,” “commercial computer software documentation,” and “technical data”, as defined in
the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is
using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S.
Government’s needs or are inconsistent in any respect with federal law, Agency will immediately
discontinue use of Axon Cloud Services.
17 Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive:
Agency Owns Agency Content, Storage, Axon Cloud Services Warranty, and Axon Cloud Services
Restrictions.
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Professional Services Appendix
1 Utilization of Services. Agency must use professional services as outlined in the Quote and this
Appendix within 12 months of the Effective Date.
2 Body-Worn Camera Full Service (BWC Full Service). BWC Full Service includes advance remote project
planning and configuration support and up to 4 consecutive days of on-site service and a professional
services manager to work with Agency to assess Agency’s deployment and determine which on-site
services are appropriate. If Agency requires more than 4 consecutive on-site days, Agency must purchase
additional days. BWC Full Service options include:
System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable)
• Configure categories and custom roles based on Agency need
• Register cameras to Agency domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access
• One on-site session included
Dock configuration
• Work with Agency to decide the ideal location of Docks and set configurations on Dock
• Authenticate Dock with Axon Evidence using admin credentials from Agency
• On-site assistance, not to include physical mounting of docks
Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices based
on Axon’s observations with other agencies
• Discuss the importance of entering metadata in the field for organization purposes and other best practice
for digital data management
• Provide referrals of other agencies using the Axon camera devices and Axon Evidence
• Recommend rollout plan based on review of shift schedules
System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories
& retention, and other specific settings for Axon Evidence
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training
needs after Axon has fulfilled its contractual on-site obligations
Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting
agencies
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync
Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and
categories & roles guide
Post go-live review
3 CEW Services Packages. CEW Services Packages are detailed below:
System set up and configuration
• Configure Axon Evidence categories & custom roles based on Agency need.
• Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
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• For the CEW Full Service Package: On-site assistance included
• For the CEW Starter Package: Virtual assistance included
Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally,
Project Manager will be assigned to Agency 4–6 weeks before rollout
Best practice implementation planning session to include:
• Provide considerations for the establishment of CEW policy and system operations best practices
based on Axon’s observations with other agencies
• Discuss the importance of entering metadata and best practices for digital data management
• Provide referrals to other agencies using TASER CEWs and Axon Evidence
• For the CEW Full Service Package: On-site assistance included
• For the CEW Starter Package: Virtual assistance included
System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security,
roles & permissions, categories & retention, and other specific settings for Axon Evidence
Axon Evidence Instructor training
• Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent
Axon Evidence training needs.
• For the CEW Full Service Package: Training for up to 3 individuals at Agency
• For the CEW Starter Package: Training for up to 1 individual at Agency
TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons
and assign them to a user on Axon Evidence.
Post go-live review
For the CEW Full Service Package: On-site assistance included.
For the CEW Starter Package: Virtual assistance included.
4 Smart Weapon Transition Service. The Smart Weapon Transition Service includes:
Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER
CEW Smart Weapons that Agency is replacing with newer Smart Weapon models.
Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.
Axon will provide Agency with a Certificate of Destruction
*Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1-Day Device
Specific Instructor Course.
5 Signal Sidearm Installation Service. If Agency purchases Signal Sidearm Installation Service, Axon will
provide one day of on-site Services and one professional services manager and will cover the installation
of up 100 Signal Sidearm devices per package purchased. Agency is responsible for providing an
appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are
available on the agreed-upon installation date(s). Installation includes:
Removal of existing connection screws that affix a holster to a holster mount
Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount
Reattachment of the holster to the mount using appropriate screws
Functional testing of Signal Sidearm device
6 Out of Scope Services. Axon is only responsible to perform the professional services described in this
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Agreement. 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.
7 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m. PDT, 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.
8 Access Computer Systems to Perform Services. Agency authorizes Axon monitored access to relevant
Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as
reasonably practicable resources and information Axon expects to use and will provide an initial itemized
list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or
expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and
information supplied by Agency.
9 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon
Devices (“User Documentation”). User Documentation will include all required environmental
specifications for the professional Services and Axon Devices to operate per the Axon Device User
Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must
prepare the location(s) where Axon Devices are to be installed (“Installation Site”) per the environmental
specifications in the Axon Device User Documentation. Following installation, Agency must maintain the
Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation
for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally
releases it
10 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 fourteen
(14) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the
Acceptance Form for signature. Agency will make best efforts to sign Acceptance Form or written
notification of reasons for rejection within fourteen (14) calendar days of delivery of the Acceptance Form,
Axon will deem Agency to have accepted the professional Services.
11 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, except damages caused by Axon’s negligence.
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Technology Assurance Plan Appendix
If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies.
1 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the
1-year Hardware Limited Warranty.
2 Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will
receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER
CEW and accessories as soon as available from Axon.
3 OSP 7 Term. OSP 7 begins after Axon ships the Axon Body 3 or TASER 7 hardware to
Agency. If Axon ships in the first half of the month, OSP 7 starts the 1st of the following
month. If Axon ships in the second half of the month, OSP 7 starts the 15th of the following
month (“OSP 7 Term”).
4 TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased
TAP, Axon will provide Agency a new Axon body-worn camera (“BWC Upgrade”) as
scheduled in the Quote. If Agency purchased TAP Axon will provide a BWC Upgrade that
is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC
Upgrade will utilize the same accessories or Axon Dock.
5 TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased
TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote (“Dock
Upgrade”). Accessories associated with any Dock Upgrades are subject to change at
Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration
unless a new Axon Dock core is required for BWC compatibility. If Agency originally
purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock
model that is the same or like Axon Device, at Axon’s option. If Agency originally
purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that
is the same or like Axon Device, at Axon’s option.
6 Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote
without prior confirmation from Agency unless the Parties agree in writing otherwise at
least 90 days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled
in the Quote 60 days before the end of the Subscription Term without prior confirmation
from Agency.
7 Upgrade Change. If Agency wants to change Axon Device models for the offered BWC
or Dock Upgrade, Agency must pay the price difference between the MSRP for the offered
BWC or Dock Upgrade and the MSRP for the model desired. If the model Agency desires
has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon
will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.
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8 Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade,
Agency must return the original Axon Devices to Axon or destroy the Axon Devices and
provide a certificate of destruction to Axon including serial numbers for the destroyed
Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate
the serial numbers for the Axon Devices received by Agency.
9 Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 60 days
past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:
9.1 TAP and OSP coverage terminate as of the date of termination and no refunds will
be given.
9.2 Axon will not and has no obligation to provide the Upgrade Models.
9.3 Agency must make any missed payments due to the termination before Agency
may purchase any future TAP or OSP.
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TASER 7 Appendix
This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon.
1 Duty Cartridge Replenishment Plan. If the Quote includes “Duty Cartridge
Replenishment Plan”, Agency must purchase the plan for each CEW user. A CEW user
includes officers that use a CEW in the line of duty and those that only use a CEW for
training. Agency may not resell cartridges received. Axon will only replace cartridges used
in the line of duty.
2 Training. If the Quote includes a training voucher, Agency must use the voucher within
1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually
beginning on the start of the TASER Subscription Term. The voucher has no cash value.
Agency cannot exchange it for another device or service. Unless stated in the Quote, the
voucher does not include travel expenses and will be Agency’s responsibility. If the Quote
includes Axon Online Training or Virtual Reality Content Empathy Development for
Autism/Schizophrenia (collectively, “Training Content”), Agency may access Training
Content. Axon will deliver all Training Content electronically.
3 Extended Warranty. If the Quote includes an extended warranty, the extended warranty
coverage period warranty will be for a 5-year term, which includes the hardware
manufacturer’s warranty plus the 4-year extended term.
4 Trade-in. If the Quote contains a discount on CEW-related line items, including items
related to OSP, then that discount may only be applied as a trade-in credit, and Agency
must return used hardware and accessories associated with the discount (“Trade-In
Units”) to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping
costs of the return. If Axon does not receive Trade-In Units within the timeframe below,
Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-
In Units and receive a trade-in credit.
Agency Size Days to Return from Start Date of TASER 7
Subscription
Less than 100
officers
30 days
100 to 499 officers 180 days
500+ officers 180 days
5 TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase
begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the
OSP 7 Start date.
6 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access
and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the
TASER 7 Subscription Term. Agency may not upload any non-TASER 7 data or any other files to Axon
Evidence. Agency may not exceed the number of end users than the Quote specifies.
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7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by
a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure
request is received for Agency Content, so Agency may file an objection with the court or administrative
body.
8 Termination. If payment for TASER 7 is more than 60 days past due, Axon may
terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any
reason, then as of the date of termination:
8.1 TASER 7 extended warranties and access to Training Content will terminate. No
refunds will be given.
8.2 Axon will invoice Agency the remaining MSRP for TASER 7 products received
before termination. If terminating for non-appropriations, Axon will not invoice
Agency if Agency returns the CEW, rechargeable battery, holster, dock, core,
training suits, and unused cartridges to Axon within 60 days of the date of
termination.
8.3 Agency will be responsible for payment of any missed payments due to the
termination before being allowed to purchase any future TASER 7 plan.
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Axon Auto-Tagging Appendix
1 Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with
Agency’s Computer-Aided Dispatch (“CAD”) or Records Management Systems (“RMS”). This allows end
users to auto-populate Axon video meta-data with a case ID, category, and location-based on data maintained
in Agency’s CAD or RMS.
2 Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to 5 hours of
remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence,
as long as Agency maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide
support if a change is required because Agency changes its CAD or RMS.
3 Changes. Axon is only responsible to perform the Services in this Agreement. Any additional Services are
out of scope. The Parties must document scope changes in a written and signed change order. Changes
may require an equitable adjustment in fees or schedule.
4 Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to:
4.1 Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon
(including remote access if possible);
4.2 Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and
networks related to Axon’s performance of Auto-Tagging Services;
4.3 Provide monitored access to the premises where Axon is performing Auto-Tagging Services,
subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises
with laptops and materials needed to perform Auto-Tagging Services;
4.4 Provide all infrastructure and software information (TCP/IP addresses, node names, network
configuration) necessary for Axon to provide Auto-Tagging Services;
4.5 Promptly install and implement any software updates provided by Axon;
4.6 Ensure that all appropriate data backups are performed;
4.7 Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8 Provide Axon with remote access to Agency’s Axon Evidence account when required;
4.9 Notify Axon of any network or machine maintenance that may impact the performance of the
module at Agency; and
4.10 Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate,
complete, and up-to-date documentation and information to Axon.
5 Access to Systems. Agency authorizes Axon monitored access to Agency’s relevant computers, network
systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify
as soon as reasonably practicable resources and information Axon expects to use and will provide an initial
list to 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.
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Axon Fleet Appendix
1 Agency Responsibilities. Agency must ensure its infrastructure and vehicles adhere to the minimum
requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, “Axon Fleet”) as established by Axon
during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If
Agency’s representations are inaccurate, the Quote is subject to change.
2 Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with
Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon
Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly.
3 Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per
specifications if such failure results from installation not performed by, or as directed by Axon.
4 Wireless Offload Server.
4.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to
use Wireless Offload Server (“WOS”). “Use” means storing, loading, installing, or executing WOS
solely for data communication with Axon Devices for the number of licenses purchased. The WOS
term begins upon the start of the Axon Evidence Subscription.
4.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of
WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the
source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or
exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained
in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or
service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any
confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or
Axon’s licensors on or within WOS.
4.3 Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections
to WOS (“WOS Updates”) available electronically via the Internet or media as determined by Axon.
Agency is responsible for establishing and maintaining adequate Internet access to receive WOS
Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the
maintenance term.
4.4 WOS Support. Upon request by Axon, Agency will provide Axon with monitored access to
Agency’s store and forward servers solely for troubleshooting and maintenance.
5 Axon Vehicle Software.
5.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to
use ViewXL or Dashboard (collectively, “Axon Vehicle Software”.) “Use” means storing, loading,
installing, or executing Axon Vehicle Software solely for data communication with Axon Devices.
The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription.
5.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of
Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software,
apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c)
access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy
Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle
Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle
Software to build a competitive device or service or copy any features, functions or graphics of
Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights
notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon
Vehicle Software.
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6 Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the “Fleet
Technology Assurance Plan” (Fleet TAP), Axon will provide Agency with the same or like model of Fleet
hardware (“Fleet Upgrade”) as schedule on the Quote.
If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference
between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP
is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously
installed hardware and installation of the Axon Fleet Upgrade.
Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon
or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of
the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will
deactivate the serial numbers for the Axon Devices received by Agency.
7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by
a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure
request is received for Agency Content, so Agency may file an objection with the court or administrative
body.
8 Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment – after the
City’s sixty (60) day cure period. Upon any termination of Agency’s Fleet subscription:
8.1 Axon Fleet subscription coverage terminates, and no refunds will be given.
8.2 Axon will not and has no obligation to provide the Axon Fleet Upgrade.
8.3 Agency will be responsible for payment of any missed payments due to the termination before
being allowed to purchase any future Fleet TAP.
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Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus.
1 Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the
Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon
provisions Axon Respond to Agency.
If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of
the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective
Date.
The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription
associated with Axon Respond.
2 Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational
awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event
Agency uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Agency on
upgrading Agency’s Axon Respond to better meet Agency’s needs.
3 Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-
worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE
carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories.
Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during
the Term without Agency’s consent.
4 Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system
configured with LTE modem and service. Agency is responsible for providing LTE service for the modem.
Coverage and availability of LTE service is subject to Agency’s LTE carrier.
5 Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within
the operating range of the networks. Service may be temporarily refused, interrupted, or limited because
of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or
artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement
outside a service area or gaps in coverage in a service area and other causes reasonably outside of the
carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or
disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities
necessary for the proper or improved operation of service.
With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties
or representations as to the availability or quality of roaming service provided by carrier partners, and the
carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks.
Agency expressly understands and agrees that it has no contractual relationship whatsoever with the
underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary
of any agreement between Axon and the underlying carrier.
6 Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles
that include Axon Respond, Axon will end Aware services, including any Axon-provided LTE service.
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Add-on Services Appendix
This Appendix applies to Axon Citizen for Communities, Axon Redaction Assistant, and Axon Performance.
1 Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or
Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7
Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon
Performance to Agency.
If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a
standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities,
Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the
Effective Date.
The subscription term will end upon the completion of the Axon Evidence Subscription associated with the
add-on.
2 Axon Citizen Storage. For Axon Citizen, Agency may store an unlimited amount of data submitted through
the public portal (“Portal Content”), within Agency’s Axon Evidence instance. The post-termination
provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.
3 Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency,
Axon will need to store call for service data from Agency’s CAD or RMS.
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Axon Auto-Transcribe Appendix
This Appendix applies to Axon Auto-Transcribe.
1) Subscription Term. If Agency purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud
Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon
Cloud Services license term, or (2) date Axon provisions Axon Auto-Transcribe to Agency. If Agency
purchases Axon Auto-Transcribe minutes as a standalone, the subscription begins on the date Axon
provisions Axon Auto-Transcribe to Agency.
Axon Auto-Transcribe minutes expire one year after being provisioned to Agency by Axon.
If Agency cancels Auto-Transcribe services, any amounts owed by the Parties will be based on the
amount of time passed under the annual subscription, rather than on the number of minutes used,
regardless of usage.
2) Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Agency a set number of minutes, Agency
may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Agency will not
have the ability to roll over unused minutes to future Auto-Transcribe terms. Axon may charge Agency
additional fees for exceeding the number of purchased minutes.
3) Axon Auto-Transcribe On-Demand. Upon Axon granting Agency an On-Demand subscription to Axon
Auto-Transcribe, Agency may utilize Axon Auto-Transcribe with no limit on the number of minutes. The
scope of Axon Auto-Transcribe On-Demand is to assist Agency with reviewing and transcribing individual
evidence items. In the event Agency uses Axon Auto-Transcribe On-Demand outside this scope, Axon
may initiate good-faith discussions with Agency on upgrading Agency’s Axon Auto-Transcribe On-
Demand to better meet Agency’s needs.
4) Warranty. Axon does not warrant the accuracy of Axon Auto-Transcribe.
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Axon Virtual Reality Content Terms of Use Appendix
1 Term. The Quote will detail the duration of the Virtual Reality Content license.
2 Headsets. Agency may purchase additional virtual reality headsets from Axon. In the
event Agency decides to purchase additional virtual reality headsets for use with Axon’s
Virtual Reality Content, Agency must purchase those headsets from Axon.
3 License Restrictions. All licenses will immediately terminate if Agency does not comply
with any term of this Agreement. If Agency utilizes more users than stated in this
Agreement, Agency must purchase additional Virtual Reality Content licenses from Axon.
Agency may not use Virtual Reality Content for any purpose other than as expressly
permitted by this Agreement. Agency may not:
3.1 modify, tamper with, repair, or otherwise create derivative works of Virtual Reality
Content;
3.2 reverse engineer, disassemble, or decompile Virtual Reality Content or apply any
process to derive the source code of Virtual Reality Content, or allow others to do
the same;
3.3 copy Virtual Reality Content in whole or part, except as expressly permitted in this
Agreement;
3.4 use trade secret information contained in Virtual Reality Content;
3.5 resell, rent, loan or sublicense Virtual Reality Content;
3.6 access Virtual Reality Content to build a competitive device or service or copy any
features, functions, or graphics of Virtual Reality Content; or
3.7 remove, alter, or obscure any confidentiality or proprietary rights notices (including
copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual
Reality Content or any copies of Virtual Reality Content.
4 Termination. Axon may terminate Agency’s Virtual Reality license immediately for
Agency’s failure to comply with any of the terms in this Appendix.
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Exhibit E – Axon Evidence Prosecutor Services Agreement
This Axon Evidence Prosecutor Services Agreement (“Agreement”) is between the Vendor (“Axon”), and the City
(“Prosecutor”). Axon and Prosecutor are each a “Party” and collectively “Parties”. This Agreement governs
Prosecutor’s use of the Evidence.com Prosecutor Program and optional purchased features. The Parties therefore
agree as follows:
1 Term. The Axon Evidence Prosecutor subscription will begin on the Effective Date and will remain in full force
and effect until terminated by either Party (“Term”).
2 Definitions.
“Axon Evidence” means Axon’s web services for Evidence.com, and interactions between Evidence.com
and or Axon client software. This excludes third-party applications or my.evidence.com.
“Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by Prosecutor. Evidence is a
subset of Prosecutor Content.
“Non-Content Data” is data, configuration, and usage information about Prosecutor’s Axon Evidence tenant,
Axon products 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 Prosecutor Content.
“Prosecutor Content” is data uploaded into, ingested by, or created in Axon Evidence within Prosecutor’s
tenant. Prosecutor Content includes Evidence but excludes Non-Content Data.
3 Access. Upon Axon granting Prosecutor an Axon Evidence subscription, Prosecutor may access and use
Axon Evidence to store and manage Prosecutor Content.
4 Prosecutor Owns Prosecutor Content. Prosecutor controls and owns all right, title, and interest in
Prosecutor Content. Except as outlined herein, Axon obtains no interest in Prosecutor Content, and
Prosecutor Content is not Axon’s business records. Prosecutor is solely responsible for uploading, sharing,
managing, and deleting Prosecutor Content. Axon will only have access to Prosecutor Content for the limited
purposes set forth herein. Prosecutor agrees to allow Axon access to Prosecutor 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 Prosecutor
Content against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive
information security program 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 Privacy. Prosecutor’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a
current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy . Prosecutor
agrees to allow Axon access to Non-Content Data from Prosecutor to (a) perform troubleshooting,
maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon
products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.
7 Storage. Prosecutor may store unlimited data in Prosecutor’s Axon Evidence account if the data is shared to
Prosecutor through Axon Evidence from a partner agency using Axon Evidence. Prosecutor may purchase
ala carte storage for other data. Axon may place Prosecutor Content that Prosecutor has not viewed or
accessed for 6 months into archival storage. Prosecutor Content in archival storage will not have immediate
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availability and may take up to 24 hours to access.
8 Location of Storage. Axon may transfer Prosecutor Content to third party subcontractors for storage. Axon
will determine the locations of data centers for storage of Prosecutor Content. For United States agencies,
Axon will ensure all Prosecutor Content stored in Axon Evidence remains within the United States. Ownership
of Prosecutor Content remains with Prosecutor.
9 Suspension. Axon may temporarily suspend Prosecutor’s or any end user’s right to access or use any portion
or all of Axon Evidence immediately upon notice, if: Prosecutor or end user’s use of or registration for Axon
Evidence may (a) pose a security risk to Axon Evidence or any third party; (b) adversely impact Axon
Evidence, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third party
to liability; or (d) be fraudulent.
10 Axon Evidence Restrictions. Prosecutor and Prosecutor end users (including employees, contractors,
agents, officers, volunteers, and directors), may not, or may not attempt to:
10.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence;
10.2 reverse engineer, disassemble, or decompile Axon Evidence or apply any process to derive any
source code included in Axon Evidence, or allow others to do the same;
10.3 access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees or
exceeding usage limits or quotas;
10.4 use trade secret information contained in Axon Evidence, except as expressly permitted herein;
10.5 access Axon Evidence to build a competitive product or service or copy any features, functions, or
graphics of Axon Evidence;
10.6 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
10.7 use Axon Evidence to store or transmit infringing, libelous, or other unlawful or tortious material; to
store or transmit material in violation of third-party privacy rights; or to store or transmit malicious
code.
11 After Termination see primary agreement
12 Payment. See Agreement Section 4 A & B, in the event Prosecutor purchases services from Axon.
13 Insurance. See primary agreement
14 Indemnification. See primary agreement
15 IP Rights. Axon owns and reserves all right, title, and interest in Axon products and services and suggestions
to Axon, including all related intellectual property rights. Prosecutor will not cause any Axon proprietary rights
to be violated.
16 IP Indemnification. Axon will indemnify Prosecutor Indemnitees against all claims, losses, and reasonable
expenses from any third-party claim alleging that the use of Axon Evidence infringes or misappropriates the
third party’s intellectual property rights. Prosecutor must promptly provide Axon with written notice of such
claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with
Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims
based on: (a) modification of Axon Evidence by Prosecutor or a third party not approved by Axon; (b) use of
Axon Evidence in combination with hardware or services not approved by Axon; or (c) use of Axon Evidence
other than as permitted in this Agreement.
17 Prosecutor Responsibilities. Prosecutor is responsible for (a) a dispute between Prosecutor and a third
party over Prosecutor use of Axon Evidence; (b) ensuring Prosecutor owns Prosecutor Content; (c) ensuring
no Prosecutor Content or Prosecutor end user’s use of Prosecutor Content or Axon Evidence violates this
Agreement or applicable laws; and (d) maintaining necessary computer equipment and Internet connections
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for use of Axon Evidence. If Prosecutor becomes aware of any violation of this Agreement by an end user,
Prosecutor will immediately terminate that end user’s access to Axon Evidence. Prosecutor will maintain the
security of end user names and passwords and security and access by end users to Prosecutor Content.
Login credentials are for Prosecutor use only. Prosecutor may not sell, transfer, or sublicense access to any
other entity or person. Prosecutor shall contact Axon immediately if an unauthorized party may be using
Prosecutor’s account or Prosecutor Content, or if account information is lost or stolen.
18 U.S. Government Rights. If Prosecutor 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 Prosecutor 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, Prosecutor will immediately discontinue use of Axon Evidence.
19 Termination. See primary agreement
20 Confidentiality. See Exhibit D Section 18.
21 General. See primary agreement
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Exhibit F – Service Level Agreement
This Service Level Agreement (SLA) is a policy governing the use of the Evidence.com™
Service Offerings (Service Offerings) under the MSPA.
1 Definitions.
“Downtime” are periods of time, measured in minutes, in which the Service Offering is Unavailable to
the Agency. Downtime does not include Scheduled Downtime and does not include Unavailability of
the Service Offering due to limitations described in Exclusions.
“Incident” a period of time in which the Agency experiences Downtime.
“Maximum Available Minutes” is the total accumulated minutes during a Service Month for the
Service Offering.
“Monthly Uptime Percentage” is (Maximum Available Minutes - Downtime) / Maximum Available
Minutes * 100.
“Scheduled Downtime” are periods of time, measured in minutes, in which the Service Offering is
unavailable to the Agency and in which the period of time falls within scheduled routine maintenance
or planned maintenance timeframes.
“Service Month” is a calendar month at Coordinated Universal Time (UTC).
“Unavailable” and “Unavailability” is when the Service Offering does not allow for the upload of
evidence files, viewing of evidence files or interactive login by an end-user.
2 Service Level Objective. Axon will use commercially reasonable efforts to make the Service Offerings
available 99.99% of the time.
3 Guaranteed Service Level and Credits. If Axon fails to make the Service Offering available to the
defined Monthly Uptime Percentage availability levels, the Agency may be entitled to Service Credits.
Service Credits are awarded as days of Service Offering usage added to the end of the Service
Offerings subscription term at no charge to the Agency.
Monthly Uptime Percentage Service Credit in Days
Less than 99.9% 3
Less than 99.0% 7
4 Requesting Service Credits. In order for Axon to consider a claim for Service Credits, the Agency
must submit the claim to Axon’s customer support, including all information necessary for Axon to
validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information
regarding the time and duration of the Incident; (iii) the number and location(s) of affected users (if
applicable); and (iv) descriptions of your attempts to resolve the Incident at the time of occurrence.
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4.1 Axon must receive the claim within one month of the end of the month in which the Incident
that is the subject of the claim occurred. For example, if the Incident occurred on February 12th, Axon
must receive the claim and all required information by March 31st.
4.2 Axon will evaluate all information reasonably available to Axon and make a good faith
determination of whether a Service Credit is owed. Axon will use commercially reasonable efforts to
process claims during the subsequent month and within forty five (45) days of receipt. The Agency
must be in compliance with all Axon agreements in order to be eligible for a Service Credit. If Axon
determines that a Service Credit is owed to the Agency, Axon will apply the Service Credit to the end
of the Agency’s Service Offering subscription term. Service Credits may not be exchanged for or
converted to monetary amounts.
5 Service Maintenance. Maintenance will take place according to Axon’s prevailing Maintenance
Schedule, which may be found at: https://www.axon.com/trust/maintenance. Maintenance periods
may periodically result in the Service Offerings being Unavailable to the Agency. Downtime falling
within Scheduled Routine or Planned maintenance is Scheduled Downtime and is not eligible for
Service Credits
Emergency maintenance may have less than a 24-hour notification period. Emergency maintenance
may be performed at any time, with or without notice as deemed necessary by Axon. Emergency
maintenance falling outside Scheduled Routine or Planned maintenance is eligible for Service
Credits
6 Exclusions. The Service Commitment does not apply to any unavailability, suspension or termination
of the Service Offerings, or any other Evidence.com performance issues: (a) caused by factors outside
of Axon’s reasonable control, including any force majeure event, terrorism, sabotage, virus attacks, or
Internet access or related problems beyond the demarcation point of the Service Offerings (including
Domain Name Server issues outside Axon’s direct control); (b) that result from any actions or inactions
of the Agency or any third party; (c) that result from the Agency’s communication delays, including
wrong, bad or missing data, improperly formatted, organized or transmitted data received, or any
other data issues related to the communication or data received from or through the Agency; (d) that
result from Agency equipment, software or other technology and/or third party equipment, software
or other technology (other than third party equipment within Axon’s direct control); (e) that result
from any maintenance as provided for pursuant to this SLA; or (f) arising from Axon’s suspension and
termination of Agency’s right to use the Service Offerings in accordance with this Agreement
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Exhibit G – Post Termination Data Migration
Use partner APIs (no fee)
• Axon will provide all Partner API Documentation to facilitate the task and provide ample time
for you to migrate your data at no cost. The Partner API can be used to integrate agency
Evidence.com data with other systems including download to an on-premise storage solution.
• There are partner APIs available to export information for:
o groups
o users
o cases
o evidence
o devices
o reports
o retention categories
o custom fields
• Detailed documentation can be found here:
• The agency can access the developer forum via their MyAxon.com account. The Axon Partner
API Reference Manual is available there as a link, and they can query the forum for help if they
get stuck.
2. Customer can manually export from Evidence.com (no fee)
• this is not recommended because it is a very manual and tedious process
• Evidence.com provides the ability to manually download Digital Media Evidence at any time
and will be available at no cost to the Agency. All digital evidence stored on the Evidence.com
platform is owned by Agency and can be exported at any time. This process can be facilitated in
a number of ways including the bulk export feature. If your agency wishes to extract all data
stored in the application, data is exported in the format it was recorded (MP4 for Axon captured
assets).
3. Contract Axon through channel migration
• An Axon Field Engineer will remotely access your network and install a windows client to
facilitate the transfer directly from your Evidence.com to local storage on your network. An
Axon Engineer (FDE) then executes a SHA-256 hash of the comprehensive data set which is
later verified upon completing the migration to the desired location. This data is structured such
that it can then be parsed and ingested into another system.
• Depending on your agency’s needs, this service can be run in a single bulk export or it can be
filtered and run multiple times to export in phases, for example exporting evidence a year at a
time. This will be scoped with the customer prior to initiating the service and will be priced at a
daily rate for field engineering service.
• Each run of the service will generate:
o Selected evidence files in its original format
o Evidence.com maintains the original file uploaded
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o Evidence audit logs in .pdf format
o Evidence.xml
o This is a delimited format detailing all of the asset metadata that can be used to
o associate metadata to its exported asset
o Evidence Hashes.csv
o This is a delimited formation outlining the SHA-256 checksum of each asset to
o verify authenticity
o Hash Verification.csv
o This is a log of the export performed, and validating that hash verification
o performed after export is validating the hash checksums before and after export
o match
• After the export, your agency can review those logs, validate that all requested evidence has been
exported from your Evidence.com instance and maintain all logs for your reference. At this time,
the agency accepts custody of the data and Axon is no longer responsible for future actions as
they relate to chain of custody.
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