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Axon Agreement
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02. February
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2022-02-15 10:00 AM - Commissioners' Agenda
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Axon Agreement
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Entry Properties
Last modified
2/25/2022 2:47:58 PM
Creation date
2/25/2022 2:47:05 PM
Metadata
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Template:
Meeting
Date
2/15/2022
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
r
Item
Request to Approve a Contract between Kittitas County and AXON Enterprise, Inc. for Vehicle-Based Video Evidence Systems
Order
18
Placement
Consent Agenda
Row ID
86034
Type
Agreement
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Docusign Envelope lD: 6E398049-FgF8-4568-884 4-67D824308E87 <br />AAXON Master Services and Purchasing Agreement <br />between Axon and Agency (Online) <br />driven by Customer's request will incur a $2b0 charge in <br />charges. These changes include but are not limited <br />adjusting of camera mounting, re-angling, changes <br />removing foliage. <br />addition to any equipment <br />to camera re-positioning, <br />to heights of poles, and <br />2.7.2. <br />2.7.3. <br />2.7.4. <br />2.7.5. <br />Customer's lnstallation Obliqations. Customer agrees to allow Flock and its agents <br />reasonable access to the designated installation locations at all reasonable iimesupon reasonable notice for the purpose of performing the installation work <br />(together with the preceding sentence, the "customer lnsiallation obtigations").It is understood that the lmplementation Fees do not include any p.-ermits or <br />as.sociated costs, any federat, state or local taxes including property, license, <br />privilege, sales, use, excise, gross receipts or other similar taies which may now <br />or hereafter become applicable to, measured by or imposed upon or with respect <br />to the installation of the Hardware, its use, or any other services performed in <br />connection therewith and that customer shall be solely responsible for the <br />foregoing. Customer represents and warrants that it tras itt necessary right titleand authorig and hereby authorizes Flock to install the Hardware -at tne <br />Designated Locations and to make any necessary inspections or tests in <br />connection with such installation. <br />Flock's lnstallation Obliqations. The Hardware shall be installed in a workmanlike <br />manner in accordance with Flock's standard installation procedures, and the <br />installation will be completed within a reasonable time from the time that the <br />Designated Locations are selected by Customer- Following the initial installationof the Hardware and any subsequent Reinstalls or maintenance operations, <br />Flock's obligation to perform installation work shall cease; however,'Flock wili <br />continue to monitor the performance of the Units for the length of the Term and will <br />receive access to the Footage for a period of three (3) business days after the <br />initial installation in order to monitor performance and provide any necessary <br />maintenance solely as a measure of quality control. customer can opt out or <br />Flock's access to Footage afler the initial installation which would waive Flock's <br />responsibility to ensure such action was successful. Customer understands and <br />agrees that the Flock services will not function without the Hardware. Labor may <br />be provided by Flock or a third party. <br />Theft and gamage. Flock agrees to replace the Hardware up to one (1) time during <br />the Term of the Agreement, at no cost to customer, in the event of thifi or damagel <br />subsequent replacement due to damage or theft will be at customer's own <br />expense, at a replacement cost of three hundred dollars ($3ooy per camera. <br />Customer shall not be required to replace subsequenfly damaged or'stolen units; <br />however, customer understands and agrees that functionality, including Footage, <br />will b9 materially affected due to such subsequenfly damage-d or stoleri units aid <br />that Flock will have no liability to Customer regarding such affected functionality <br />nor shall the Fees owed be impacted. <br />Security lnterest. The Hardware shall remain the personal property of Flock andwill be removed upon the termination or expiration of custome/s Agreement. <br />customer aglees to perform all acts which may be necessary to aisure the <br />retention of title of the Hardware by Flock. should customer defauit in any payment <br />for the Flock Services or any part thereof or offer to sell or auction the fuardware, <br />then customer authorizes and empowers Flock to remove the Hardware or anypart thereof. such removal, if made by Flock, shall not be deemed a waiver of <br />Flock's rights to any damages Flock may sustain as a result of customer,s default <br />and Flock shall have the right to enforce any other legal remedy or right. <br />2.8 Hazardous Gondltions. Unless othenvise stated in the Agreement, Flock's price for itsseruices under this Agreement does not contemplate work in any areas that contain <br />hazardous materials, or other hazardous conditions, including, without limit, asbestos, <br />lead, toxic or flammable substances. ln the event any such hazardous materials are <br />discovered in the ated locations in which Flock is to services under this <br />n <br />Department: Legal <br />Version:1.0 <br />Release Date: 3/31/2Q2L <br />ng n <br />Page 27 oI 47
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