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Fully Executed MSA & Quote
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2023-09-19 10:00 AM - Commissioners' Agenda
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Fully Executed MSA & Quote
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Last modified
9/14/2023 12:59:36 PM
Creation date
9/14/2023 12:59:01 PM
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Meeting
Date
9/19/2023
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Acknowledge a Contract between Kittitas County and AXON Enterprise, Inc for Vehicle-Based Video Evidence Systems
Order
9
Placement
Consent Agenda
Row ID
109119
Type
Contract
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Master Services and Purchasing Agreement for Agency <br /> Title: Master Services and Purchasing Agreement between Axon and Agency <br /> Department: Legal <br /> Version: 19.0 <br /> Release Date: 8/18/2023 Page 15 of 40 <br />TASER 7 Appendix <br />This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon, if applicable. <br />1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Agency must <br />purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that <br />only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the <br />line of duty. <br />2. Training. If the Quote includes a training voucher, Agency must use the voucher within one (1) year of issuance, or <br />the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription <br />Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the <br />Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon <br />Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training <br />Content"), Agency may access Training Content. Axon will deliver all Training Content electronically. <br />3. TASER Upgrade. If Agency purchases Axon’s 10-year certification program for Axon’s latest version of its TASER <br />energy weapon ("Certification Program") and has no outstanding payment obligations as of the beginning of the sixth <br />(6th) year of the Certification Program, Agency will qualify for an upgrade to any subsequent version of the Certification <br />Program ("CEW Upgrade"). Agency will receive the CEW Upgrade at no additional cost, only to the extent such <br />subsequent version of the Certification Program includes the same products or features as the Certification Program <br />purchased by Agency. If Agency wants to upgrade to a Certification Program that includes additional products or <br />features, Agency will pay the additional cost associated with such products and features. For the avoidance of doubt, <br />Agency is not required to upgrade to any subsequent version of the Certification Program. Axon may ship the CEW <br />Upgrade as scheduled in the Quote without prior confirmation from agency unless the Parties agree in writing <br />otherwise at least ninety (90) days in advance. If necessary to maintain compatibility among Axon Devices, within <br />thirty (30) days of receiving the CEW Upgrade, Agency must, if requested by Axon, return all hardware and related <br />accessories received in connection with the Certification Program to Axon. In such event, Agency must ship batteries <br />via ground shipping or in accordance with federal regulations in place at the time of the return. Axon will pay shipping <br />costs for the return if Agency uses Axon’s RMA process. <br />4. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty <br />will be for a five- (5-) year term, which includes the hardware manufacturer’s warranty plus the four- (4-) year extended <br />term. <br />5. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that <br />discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated <br />with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping <br />costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the <br />value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit. <br />Agency Size Days to Return from Start Date of TASER 7 Subscription <br />Less than 100 officers 30 days <br />100 to 499 officers 90 days <br />500+ officers 180 days <br />6. TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on <br />shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 start date. <br />7. Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use <br />Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 <br />Subscription Term. Agency may not exceed the number of end users the Quote specifies. <br />8. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or <br />administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for <br />Agency Content, so Agency may file an objection with the court or administrative body. <br />9. Termination. If payment for TASER 7 is more than thirty (30) days past due, Axon may terminate Agency’s TASER <br />7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: <br />9.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given. <br />DocuSign Envelope ID: 2C761ADF-E7E7-47CB-90C8-565956429D82
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