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HomeMy WebLinkAboutP-24-141 Axon Enterprise Inc..pdf c0 County of Fresno INTERNAL SERVICES DEPARTMENT Facilities• Fleet•Graphics• Purchasing •Security•Technology O� 185 R �O � _`' PROCUREMENT AGREEMENT Agreement Number P-24-141 April 4, 2024 Axon Enterprise, Inc. 17800 N 85t" St. Scottsdale, Arizona 85255 The County of Fresno (County) hereby contracts with Axon Enterprise, Inc., a Delaware corporation (Contractor or Axon), to provide Tasers and Body Worn Camera Products in accordance with the text of this agreement (Agreement), and the pricing negotiated in NPPGov contract#PS20270, League of Oregon Cities Master Price Agreement with Axon Enterprise, Inc. for Law Enforcement Equipment(NPPGov contract #PS20270), which pricing is attached as Attachment A, and incorporated by this reference. The parties agree that only the pricing negotiated in NPPGov contract#PS20270 shall apply to this Agreement, and that the terms and conditions contained in that NPPGov contract#PS20270 shall not apply to this Agreement, with the exception of the terms and conditions that have been directly incorporated into the text of this Agreement. TERM: This Agreement shall become effective March 25, 2024 and shall remain in effect through March 24, 2029. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services at the rates set forth in Attachment "A", which rates shall be periodically updated between Contractor and League of Oregon Cities. For purposes of clarity, in the event the pricing found in Attachment A is amended under NPPGov contract #PS20270, this Agreement shall be amended to include the same changes. Except as otherwise permitted hereunder, Contractor may not make any substitutions of Axon Devices (as defined in the attached MSPA), or any portion thereof, of any kind without the prior written consent of County. INSPECTION AND REJECTION: County reserves the right to inspect and test Axon Devices at any time prior to shipment, and within ten calendar(10) days after delivery. Axon Devices not inspected within ten (10)days after delivery shall be deemed accepted by the County. ORDERS: Orders will be placed on an as-needed basis by County of Fresno, Internal Services Department- Security Division under this Agreement. PRICING: County shall pay Contractor for all Axon Devices ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified in Attachment A, plus shipping. Unless stated otherwise, the pricing in Attachment A shall remain fixed for the initial term of this Agreement. Unless stated otherwise, County is responsible for any and all applicable sales tax. Attachment A shall 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 *The County of Fresno is an Equal Employment Opportunity Employer* PROCUREMENT AGREEMENT NUMBER: P-24-141 Page 2 Axon Enterprise, Inc. April 4, 2024 specify any and all other taxes and duties of any kind which County is required to pay with respect to the sale of Axon Devices covered by this Agreement, and all charges for packing, packaging, and loading. Except as specified in Attachment A, County shall not be responsible for any additional costs or expenses of any nature incurred by Contractor in connection with the Axon Devices, including, without limitation, travel expenses, clerical or administrative personnel costs, and long distance telephone charges ("Incidental Expenses"). Price reductions or discount increases may be offered at any time during the Agreement term, and shall become effective upon written notice of acceptance by County. MAXIMUM: In no event shall compensation paid for services performed and/or fees paid under this Agreement exceed Two Hundred Sixteen Thousand Seven Hundred Fifty Nine Dollars and Eighty One Cents ($216,759.81). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing, mutually agreed to by the parties and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. Contractor shall have the risk of loss of or damage to any Axon Devices until delivery to County, County shall have the risk of loss of or damage to the Axon Devices after delivery to County. Title to Axon Devices shall not transfer until the Axon Devices have been delivered to and accepted by County at County's Destination. DEFAULT: In case of an uncured material breach by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The MSRP shall be considered the prevailing market price at the time such purchase is made. INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty(30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or accepted Axon Devices provided prior to the date of termination, including such charges described as follows. If County purchases Axon Devices for less than the manufacturer's suggested retail price (MSRP), and this Agreement terminates before the end of the Term, Axon will invoice County the difference between the MSRP for Axon Devices received and amounts paid towards those Axon Devices (MSRP Deficit Payment). If County terminates for non-appropriation, County may return Axon Devices to Axon within 30 days of termination, in which case the County shall not pay the MSRP Deficit Payment. MSRP is the standalone price of the individual device at the time of sale. For bundled devices, MSRP is the standalone price of all individual components. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules, and regulations, whether Federal, State, County, or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to the County, the State of California, the federal government, or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter, which County has made Contractor P-24-141 Axon Enterprise, Inc. PROCUREMENT AGREEMENT NUMBER: P-24-141 Page 3 Axon Enterprise, Inc. April 4, 2024 aware of via a written notice (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to the examination and audit of the California State Auditor for a period of three (3)years after final payment under contract (Government Code Section 8546.7). LIABILITY: Contractor agrees to: Pay all claims for damage to property in any manner directly arising from Contractor's operations under this Agreement. Indemnification. Axon will indemnify, save, and hold harmless Agency, Agency's officers, directors, and employees ("Agency Indemnitees") against all claims, demands, losses, and reasonable expenses (including attorney's fees and costs) arising out any negligent act, error or omission, or willful misconduct by Axon, Axon's officers, agents, and employees under this Agreement, except to the extent of Agency's negligence or willful misconduct. Axon will implement commercially reasonable and appropriate measures to secure County Content against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and County 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. WARRANTIES: 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 County's receipt, except Signal Sidearm, which Axon warrants for 30 months from the date of County's receipt. Axon warrants its Axon-manufactured accessories for 90-days from the date of County'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. County should contact the manufacturer for support of non-Axon manufactured Devices. 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 Device will be new. Axon will warrant the replacement Device for the longer of(a)the remaining warranty of the original Device or(b) 90-days from the date of repair or replacement. If County exchanges a Device or part, the replacement item becomes County's property, and the replaced item becomes Axon's property. Before delivering a Device for service, County must upload 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 Device sent to Axon for service. 3. Spare Devices. Axon may provide County a predetermined number of spare Devices as detailed in the Quote ("Spare Devices"). Spare Devices will replace broken or non-functioning units. If County utilizes a Spare Device, County must return to Axon, through Axon's warranty return process, any broken or non-functioning units. Axon will repair or replace the broken or non- functioning unit with a replacement Device. Upon termination, Axon will invoice County the MSRP then in effect for all Spare Devices provided. If County returns the Spare Devices to Axon within 30 days of the invoice date, Axon will issue a credit for the full value of the Spare Devices, and apply it against the invoice. 4. Limitations. Axon's warranty excludes damage related to: (a)failure to follow Device use instructions; (b) Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Device; (d)force majeure; (e) Devices repaired or modified by persons other than Axon without Axon's written permission; or(f) Devices with a defaced or removed serial number. P-24-141 Axon Enterprise, Inc. PROCUREMENT AGREEMENT NUMBER: P-24-141 Page 4 Axon Enterprise, Inc. April 4, 2024 5. 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. 6. Neither Party will be liable for special, indirect, incidental, punitive, or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort, or any other legal theory. TASER 7 Terms and Specifications 1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", County 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. County 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, County must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue County a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. County cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be County's responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training Content"), County 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 County must return used hardware and accessories associated with the discount ("Trade-In Units")to Axon. County 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 County the value of the trade- in credit. County may not destroy Trade-In Units and receive a trade-in credit. County Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 Days 100 to 499 officers 90 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 County a TASER 7 Axon Evidence subscription, County may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. County may not upload any non-TASER 7 data or any other files to Axon Evidence. County may not exceed the number of end users than the Quote specifies. 7. Privacy. Axon will not disclose County Content or any information about County 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 County Content, so County may file an objection with the court or administrative body. County acknowledges and agrees that Axon may access County Content to: (a) perform troubleshooting services upon request or as part of Axon's maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of Axon Evidence; (c) generate aggregated data, excluding information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (collectively, "PII"), to improve, analyze, support, and operate Axon's current and future devices and services. P-24-141 Axon Enterprise, Inc. PROCUREMENT AGREEMENT NUMBER: P-24-141 Page 5 Axon Enterprise, Inc. April 4, 2024 8. Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency's TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: a. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given. b. 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 30 days of the date of termination. c. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA)throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled without a minimum of thirty (30)days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within Thirty(30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, ISD-Security Division, 2220 Tulare Street, Plaza Level, Fresno, CA 93721, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that for such worker's compensation insurance the CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate the insurance policy; that such Commercial General Liability P-24-141 Axon Enterprise, Inc. PROCUREMENT AGREEMENT NUMBER: P-24-141 Page 6 Axon Enterprise, Inc. April 4, 2024 insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self- insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled without a minimum of thirty (30) days advance, written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend, or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: If Contractor comes onto County Property, Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Contractor agrees to comply with all Applicable Laws and at Contractor's expense, secure and maintain in full force during the term of this Agreement all licenses, permits, approvals, authorizations, registrations, and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder. At County's request, Contractor shall provide copies of any or all such all licenses, permits, approvals, authorizations, registrations, and certificates. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement , along with Axon's Master Services and Purchasing Agreement located at https://www.axon.com/sales-terms-and-conditions ("MSPA"), incorporated herein by reference, constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof, and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. P-24-141 Axon Enterprise, Inc. PROCUREMENT AGREEMENT NUMBER: P-24-141 Page 7 Axon Enterprise, Inc. April 4, 2024 INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1)the text of this Agreement (excluding Attachment"A"); (2)Attachment"A" (3) MSPA and (4)and other attachments or appendices GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2)a faxed version of an original handwritten signature; or(3) an electronically scanned and transmitted (for example by PDF document)of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Chanvathei Lonh, Purchasing Analyst, at(559) 600-7110 or CLONH(cDfresnocountyca.gov . FOR THE COUNTY OF FRESNO Manuel M. Digitally signed by ManuelM. Vilanova Vilanova Date:2024.04.05 14:43:23 07'00' Manuel Vilanova Deputy Director- ISD 333 W. Pontiac Way Clovis, CA 93612 MV:CL P-24-141 Axon Enterprise, Inc. DocuSign Envelope ID:6419C9E3-234B-431 F-B231-4742B5624A67 PROCUREMENT AGREEMENT NUMBER: P-24-141 Page 8 Axon Enterprise, Inc. April 4, 2024 CONTRACTOR TO COMPLETE: Company: Axon Enterprise, Inc. Type of Entity: Individual Limited Liability Company Sole Proprietorship Limited Liability Partnership Corporation General Partnership 17800 N. 85th Street Scottsdale AZ 85255 Address City State Zip (800) 978-2737 legal@axon.com TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Axon Enterprise, Inc. Robert Driscoll Print Name & Deputy General Counsel Title: Print Name &Title: DocuSigned by: Signature: �� /\r Signature: 4/5/2024 1 9:22 AM MST ACCOUNTING USE ONLY ORG No.: 8970 Account No.: 7385 Requisition No.: 9702400031 (08/2022) P-24-141 Axon Enterprise, Inc. PROCUREMENT AGREEMENT NUMBER: P-24-141 ATTACHMENT A Axon Enterprise, Inc. Axon Enterprise,Inc. Q-552891-453 56.782 S H 17800 N 85th St. Scottsdale,Arizona 85255 Issued:03/05/2024 United States VAT:86-0741227 y Quote Expiration:04/01/2024 Domestic:(800)978-2737 Estimated Contract Start International:+1.800.978.2737 Date: Account Number:447583 Payment Terms:N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT County of Fresno Internal Services Security-CA County of Fresno Internal Services Security-CA 2220 Tulare St 2220 Tulare St Steven Hines Charles Perez Plaza Level Plaza Level Phone: Phone:5596009604 Fresno, Fresno Email:shines@axon.com Email:chperez@fresnocountyca.gov CA CA Fax: Fax: 93721-2106 93721-2106 USA USA Email: Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $7,275.40 TOTAL COST $206,615.70 TOTAL SAVINGS $36,377.00 ESTIMATED TOTAL WI TAX $216,759.81 Payment Summary Date Subtotal Tax Total May 2024 $75,477.90 $4,990.07 $80,467.97 May 2025 $30,881.65 $1,213.69 $32,095.34 May 2026 $32,116.91 $1,262.31 $33,379.22 May 2027 $33,401.59 $1,312.78 $34,714.37 May 2028 $34,737.65 $1,365.26 $36,102.91 Total Irm $206,615.70 $10,144.11 $216,759.81 Page 1 Q-552891.45356.782SH P-24-141 Axon Enterprise, Inc. PROCUREMENT AGREEMENT NUMBER: P-24-141 ATTACHMENT A Axon Enterprise, Inc. Quote Unbundled Price: $242,992.70 Quote List Price: $230,380.70 Quote Subtotal: $206,615.70 Pricing All deliverables are detailed in Defivety Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program C00008 BUNDLE-TASER 7 CERTIFICATION 20 60 $82.02 $75.83 $75.83 $90,996.00 $6,361.34 $97,357.34 B00003 BUNDLE-ENTERPRISE BWC STARTER 20 60 $68.23 $63.91 $63.91 $76,692.00 $3,771.76 $80,463.76 A la Carte Hardware H00001 AB4 Camera Bundle 20 $849.00 $0.00 $0.00 $0.00 $0.00 H00002 A134 Multi Bay Dock Bundle 3 $1,638.90 $43.90 $131.70 $11.01 $142.71 A la Carte Software 73680 AXON RESPOND PLUS-LICENSE 20 60 $21.48 $21.48 $25,776.00 $0.00 $25,776.00 ProLicense Pro License Bundle 5 60 $43.40 $43.40 $13,020.00 $0.00 $13,020.00 A la Carte Services 100497 AXON BODY-PSO-1 DAY ENTERPRISE 1 $2,000.00 $0.00 $0.00 $0.00 $0.00 Total $206,615.70 $10,144.11 $216,759.81 Page 2 Q-552891.45356.782SH P-24-141 Axon Enterprise, Inc. PROCUREMENT AGREEMENT NUMBER: P-24-141 ATTACHMENT A Axon Enterprise, Inc. Delivery Schedule Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date A134 Camera Bundle 100466 AXON BODY 4-CABLE-USB-C TO USB-C 22 1 05/01/2024 A134 Camera Bundle 100988 AXON BODY 4-CAMERA-NA US ENTERPRISE BLK RAPIDLOCK 20 1 05/01/2024 A134 Camera Bundle 74028 AXON BODY-MOUNT-WING CLIP RAPIDLOCK 22 1 05/01/2024 A134 Multi Bay Dock Bundle 100206 AXON BODY 4-DOCK-EIGHT BAY 3 1 05/01/2024 A134 Multi Bay Dock Bundle 70033 AXON-DOCK WALL MOUNT-BRACKET ASSY 3 1 05/01/2024 A134 Multi Bay Dock Bundle 71019 AXON BODY-DOCK POWERCORD-NORTH AMERICA 3 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 20008 AXON TASER 7-HANDLE-HIGH VIS GRN LASER CLASS 3R YLW 20 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 20018 AXON TASER- BATTERY PACK-TACTICAL 24 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 20050 AXON TASER-HOOK-AND-LOOP TRAINING HALT SUIT 1 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 20160 AXON TASER 7-HOLSTER-SAFARILAND RH+CART CARRIER 20 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 22175 AXON TASER 7-CARTRIDGE-LIVE STANDOFF 3.5-DEGREE NS 60 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 22175 AXON TASER 7-CARTRIDGE-LIVE STANDOFF 3.5-DEGREE NS 40 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(1 2-DEGREE)NS 60 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(1 2-DEGREE)NS 40 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 40 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 40 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 22179 AXON TASER 7-CARTRIDGE-INERT STANDOFF 3.5-DEGREE NS 20 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 22181 AXON TASER 7-CARTRIDGE-INERT CLOSE QUART 12-DEGREE NS 20 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 70033 AXON-DOCK WALL MOUNT-BRACKET ASSY 1 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 71019 AXON BODY-DOCK POWERCORD-NORTH AMERICA 1 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 74200 AXON TASER-DOCK-SIX BAY PLUS CORE 1 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 80087 AXON TASER-TARGET-CONDUCTIVE PROFESSIONAL RUGGEDIZED 1 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 80090 AXON TASER-TARGET FRAME-PROFESSIONAL 27.5 IN X 75 IN 1 1 05/01/2024 BUNDLE-TASER 7 CERTIFICATION 22175 AXON TASER 7-CARTRIDGE-LIVE STANDOFF 3.5-DEGREE NS 40 1 05/01/2025 BUNDLE-TASER 7 CERTIFICATION 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(1 2-DEGREE)NS 40 1 05/01/2025 BUNDLE-TASER 7 CERTIFICATION 22175 AXON TASER 7-CARTRIDGE-LIVE STANDOFF 3.5-DEGREE NS 40 1 05/01/2026 BUNDLE-TASER 7 CERTIFICATION 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(1 2-DEGREE)NS 40 1 05/01/2026 BUNDLE-TASER 7 CERTIFICATION 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 40 1 05/01/2026 BUNDLE-TASER 7 CERTIFICATION 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 40 1 05/01/2026 BUNDLE-ENTERPRISE BWC STARTER 73309 AXON BODY-TAP REFRESH 1-CAMERA 20 1 11/01/2026 BUNDLE-ENTERPRISE BWC STARTER 73689 AXON BODY-TAP REFRESH 1-DOCK MULTI BAY 3 1 11/01/2026 BUNDLE-TASER 7 CERTIFICATION 22175 AXON TASER 7-CARTRIDGE-LIVE STANDOFF 3.5-DEGREE NS 40 1 05/01/2027 BUNDLE-TASER 7 CERTIFICATION 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(1 2-DEGREE)NS 40 1 05/01/2027 BUNDLE-TASER 7 CERTIFICATION 22175 AXON TASER 7-CARTRIDGE-LIVE STANDOFF 3.5-DEGREE NS 40 1 05/01/2028 BUNDLE-TASER 7 CERTIFICATION 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(1 2-DEGREE)NS 40 1 05/01/2028 BUNDLE-ENTERPRISE BWC STARTER 73310 AXON BODY-TAP REFRESH 2-CAMERA 20 1 05/01/2029 BUNDLE-ENTERPRISE BWC STARTER 73688 AXON BODY-TAP REFRESH 2-DOCK MULTI BAY 3 1 05/01/2029 Software Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE-ENTERPRISE BWC STARTER 73683 AXON EVIDENCE-STORAGE-10GB A LA CARTE 20 06/01/2024 05/31/2029 BUNDLE-ENTERPRISE BWC STARTER 73840 AXON EVIDENCE-ECOM LICENSE-BASIC 20 06/01/2024 05/31/2029 BUNDLE-TASER 7 CERTIFICATION 20248 AXON TASER-EVIDENCE.COM LICENSE 20 06/01/2024 05/31/2029 Page 3 Q-552891.45356.782SH P-24-141 Axon Enterprise, Inc. PROCUREMENT AGREEMENT NUMBER: P-24-141 ATTACHMENT A Axon Enterprise, Inc. Software Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE-TASER 7 CERTIFICATION 20248 AXON TASER-EVIDENCE.COM LICENSE 1 06/01/2024 05/31/2029 Pro License Bundle 73683 AXON EVIDENCE-STORAGE-10GB A LA CARTE 15 06/01/2024 05/31/2029 Pro License Bundle 73746 AXON EVIDENCE-ECOM LICENSE-PRO 5 06/01/2024 05/31/2029 A la Carte 73680 AXON RESPOND PLUS-LICENSE 20 06/01/2024 05/31/2029 Services Bundle Item Description QTY BUNDLE-TASER 7 CERTIFICATION 101193 AXON TASER-ON DEMAND CERTIFICATION 1 BUNDLE-TASER 7 CERTIFICATION 20246 AXON TASER 7-REPLACEMENT ACCESS PROGRAM-DUTY CARTRIDGE 20 A la Carte 100497 AXON BODY-PSO-1 DAY ENTERPRISE 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE-ENTERPRISE BWC STARTER 80464 AXON BODY-TAP WARRANTY-CAMERA 20 05/01/2025 05/31/2029 BUNDLE-ENTERPRISE BWC STARTER 80465 AXON BODY-TAP WARRANTY-MULTI BAY DOCK 3 05/01/2025 05/31/2029 BUNDLE-TASER 7 CERTIFICATION 80374 AXON TASER 7-EXT WARRANTY-BATTERY PACK 24 05/01/2025 05/31/2029 BUNDLE-TASER 7 CERTIFICATION 80395 AXON TASER 7-EXT WARRANTY-HANDLE 20 05/01/2025 05/31/2029 BUNDLE-TASER 7 CERTIFICATION 80396 AXON TASER 7-EXT WARRANTY-DOCK SIX BAY 1 05/01/2025 05/31/2029 Page 4 Q-552891.45356.782SH P-24-141 Axon Enterprise, Inc. PROCUREMENT AGREEMENT NUMBER: P-24-141 ATTACHMENT A Axon Enterprise, Inc. Shipping Locations Location Number Street City State Zip Country 2220 Tulare St Fresno CA 93721-2106 USA 1 Plaza Level Payment Details May 2024 Invoice Plan Item Description oty Subtotal Tax Total Upfront Hardware C00008 BUNDLE-TASER 7 CERTIFICATION 20 $45,652.31 $3,811.99 $49,464.30 Upfront Hardware H00001 A134 Camera Bundle 20 $0.00 $0.00 $0.00 Upfront Hardware H00002 A134 Multi Bay Dock Bundle 3 $131.70 $11.01 $142.71 Year 1 73680 AXON RESPOND PLUS-LICENSE 20 $4,758.95 $0.00 $4,758.95 Year 1 B00003 BUNDLE-ENTERPRISE BWC STARTER 20 $14,159.40 $696.36 $14,855.76 Year 1 C00008 BUNDLE-TASER 7 CERTIFICATION 20 $8,371.69 $470.71 $8,842.40 Year 1 ProLicense Pro License Bundle 5 $2,403.85 $0.00 $2,403.85 Total $75,477.90 $4,990.07 $80,467.97 Jun 2024 Invoice Plan Item Description Qty Subtotal Tax Total Invoice Upon Fulfillment 100497 AXON BODY-PSO-1 DAY ENTERPRISE 1 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 May 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 73680 AXON RESPOND PLUS-LICENSE 20 $4,949.31 $0.00 $4,949.31 Year 2 B00003 BUNDLE-ENTERPRISE BWC STARTER 20 $14,725.80 $724.23 $15,450.03 Year 2 C00008 BUNDLE-TASER 7 CERTIFICATION 20 $8,706.54 $489.46 $9,196.00 Year 2 ProLicense Pro License Bundle 5 $2,500.00 $0.00 $2,500.00 Total $30,881.65 $1,213.69 $32,095.34 May 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 73680 AXON RESPOND PLUS-LICENSE 20 $5,147.30 $0.00 $5,147.30 Year 3 B00003 BUNDLE-ENTERPRISE BWC STARTER 20 $15,314.83 $753.19 $16,068.02 Year 3 C00008 BUNDLE-TASER 7 CERTIFICATION 20 $9,054.78 $509.12 $9,563.90 Year 3 ProLicense Pro License Bundle 5 $2,600.00 $0.00 $2,600.00 Total $32,116.91 $1,262.31 $33,379.22 Page 5 Q-552891.45356.782SH P-24-141 Axon Enterprise, Inc. PROCUREMENT AGREEMENT NUMBER: P-24-141 ATTACHMENT A Axon Enterprise, Inc. May 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 73680 AXON RESPOND PLUS-LICENSE 20 $5,353.18 $0.00 $5,353.18 Year 4 B00003 BUNDLE-ENTERPRISE BWC STARTER 20 $15,927.42 $783.33 $16,710.75 Year 4 C00008 BUNDLE-TASER 7 CERTIFICATION 20 $9,416.99 $529.45 $9,946.44 Year 4 ProLicense Pro License Bundle 5 $2,704.00 $0.00 $2,704.00 Total $33,401.59 $1,312.78 $34,714.37 May 2028 Invoice Plan Item Description iq MY Subtotal Tax Total Year 5 73680 AXON RESPOND PLUS-LICENSE 20 $5,567.25 $0.00 $5,567.25 Year 5 B00003 BUNDLE-ENTERPRISE BWC STARTER 20 $16,564.53 $814.65 $17,379.18 Year 5 C00008 BUNDLE-TASER 7 CERTIFICATION 20 $9,793.71 $550.61 $10,344.32 Year 5 ProLicense Pro License Bundle 5 $2,812.16 $0.00 $2,812.16 Total $34,737.65 $1,365.26 $36,102.91 Page 6 Q-552891.45356.782SH P-24-141 Axon Enterprise, Inc. PROCUREMENT AGREEMENT NUMBER: P-24-141 ATTACHMENT A Axon Enterprise, Inc. Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Terms and Conditions This Quote replaces Axon Non Binding Budgetary Estimate Q-552891-45339.005SH and is subject to the County of Fresno Procurement Agreement No. P-24-141 signed by the County of Fresno and Axon Enterprise, Inc. on April 5, 2024. The terms of the County of Fresno Procurement Agreement No. P-24-141 are fully incorporated herein. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Manuel M. Digitally signed by Manuel M. Vilanova Vilanova Date:2024.04.0912:11:40 4/9/24 Signature Date Signed 3/5/2024 Page 7 Q-552891.45356.782SH P-24-141 Axon Enterprise, Inc.