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Axon Enterprises Inc. 11/25/2020
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Axon Enterprises Inc. 11/25/2020
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Entry Properties
Last modified
12/16/2020 10:43:05 AM
Creation date
12/16/2020 10:41:18 AM
Metadata
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Contracts
Contractor's Name
Axon Enterprises Inc.
Approval Date
11/25/2020
Council Approval Date
11/25/2020
End Date
11/25/2025
Department
Purchasing
Department Project Manager
Theresa Bauccio-Teschlog
Subject / Project Title
Hardware Body worn cameras & Interview room
Tracking Number
0002577
Total Compensation
$1,467,861.63
Contract Type
Agreement
Contract Subtype
Purchase
Retention Period
6 Years Then Destroy
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DocuSign Envelope ID:A8C762C9-928E-48B7-A713-EBD8AD177926 <br /> A ;. AXON Master Services and Purchasing Agreement <br /> reement <br /> 6 Privacy. Axon will not disclose Agency Content or information about Agency except as compelled <br /> by a court or administrative body or required by law or regulation. If Axon receives a disclosure <br /> request for Agency Content, Axon will give Agency notice, unless legally prohibited from doing so, <br /> to allow Agency to file an objection with the court or administrative body. Agency agrees to allow <br /> Axon access to certain information from Agency to (a) perform troubleshooting services upon <br /> request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing <br /> the use of Axon Evidence; or(c) perform analytic and diagnostic evaluations of the systems. <br /> 7 Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location <br /> services where GPS/GNSS signals may not be available, for instance, within buildings or <br /> underground. Agency administrators can manage their choice to use this service within the <br /> administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must <br /> also enable the usage of the feature for Agency's Axon Cloud Services tenant. Agency will not see <br /> this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency's Axon <br /> Cloud Services tenant.When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content <br /> and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi <br /> Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud <br /> Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. <br /> 8 Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in <br /> Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon <br /> Device. Axon may charge Agency additional fees for exceeding purchased storage amounts.Axon <br /> may place Agency Content that Agency has not viewed or accessed for 6 months into archival <br /> storage. Agency Content in archival storage will not have immediate availability and may take up <br /> to 24 hours to access. <br /> 9 Location of Storage.Axon may transfer Agency Content to third-party subcontractors for storage. <br /> Axon will determine the locations of data centers for storage of Agency Content. For United States <br /> agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the <br /> United States. Ownership of Agency Content remains with Agency. <br /> 10 Suspension. Axon may temporarily suspend Agency's or any end user's right to access or use <br /> any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user's use of <br /> or registration for Axon Cloud Services may(a) pose a security risk to Axon Cloud Services or any <br /> third-party; (b) adversely impact Axon Cloud Services , the systems, or content of any other <br /> customer; (c) subject Axon, Axon's affiliates, or any third-party to liability; or (d) be fraudulent. <br /> Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency <br /> Content because of suspension, except as specified in this Agreement. <br /> 11 Axon Cloud Services Warranty. Axon warrants that the Evidence.com Services will not infringe <br /> or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon <br /> disclaims any warranties or responsibility for data corruption or errors before Agency uploads data <br /> to Axon Cloud Services. <br /> 12 Axon Records. Axon Records is the software-as-a-service product that is generally available at <br /> the time Agency purchases an OSP 7 bundle. During Agency's Axon Records Subscription Term, <br /> Agency will be entitled to receive Axon's Update and Upgrade releases on an if-and-when available <br /> basis. <br /> An "Update"is a generally available release of Axon Records that Axon makes available from time <br /> to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and <br /> functionality, as solely determined by Axon; and/or(ii) new versions of Axon Records that provide <br /> additional features or perform additional functions. Upgrades exclude new products that Axon <br /> introduces and markets as distinct products or applications. <br /> Title: Master Services and Purchasing Agreement between Axon and Agency <br /> Department: Legal <br /> Version: 11.0 <br /> Release Date: 8/6/2020 Page 7 of 13 <br />
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