HomeMy WebLinkAboutCSS 2024-08-12 Item 1B - Contract - Evidence Justice Services with AxonTO:
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
Community Services and Safety Committee
FROM: Marty Wine
City Administrator
BY: Cheryl Thompson
Executive Coordinator
CC: Thomas McLeod
DATE: July 16, 2024
SUBJECT: Axon Evidence Justice Services Agreement
ISSUE
The Prosecuting Attorney needs to maintain efficient access to Police Department videos,
recordings and evidence to effectively prosecute cases. City Council is being asked to authorize
the Mayor to execute an agreement with Axon to maintain access to Axon Evidence Justice.
BACKGROUND
The Police department contracts with Axon for body cameras, vehicle cameras, and for
recording equipment for the interview rooms at the Justice Center. All these recordings are
relevant evidence for misdemeanor cases prosecuted in Tukwila Municipal Court. Axon initially
provided access to prosecuting attorneys through Evidence Justice at no cost. Beginning April
1, 2024, Axon changed their policy and implemented a fee for prosecuting attorneys to access
Evidence Justice. As the City did not become aware of this change in policy until late March,
Axon is continuing to provide the prosecuting attorney with access, at no cost, while we bring
the software agreement before Council for approval. The attached agreement has been
reviewed and approved by the City Attorney's Office.
DISCUSSION
The prosecuting attorney needs the Axon recordings as evidence in order to evaluate and
prosecute misdemeanor cases. Axon Evidence Justice provides the records directly to the
prosecuting attorney and integrates those records with the prosecution case management
system so that everything pertaining to that case is in one system. If we do not proceed with
purchasing the Axon Evidence Justice software, the prosecuting attorney will lose that direct
access to the records and will have then request them from Police Records which will take staff
time to provide and attorney time to upload the records into the case management system.
From a cost benefit perspective, it is more efficient and fiscally responsible to pay for Axon
Evidence Justice software.
FINANCIAL IMPACT
The attached quote provides software access to the prosecuting attorney for the remainder of
2024 through December 31, 2029, for a total of $74,437.65 payable each January at the rates
listed below. This will have an overall financial impact of up to $16,100 each year to the budget.
2025 $13,743.21
2026 $14,292.95
2027 $14,864.64
2028 $15,459.25
2029 $16,077.60
19
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Committee is being asked to move this forward this to the August 19, 2024, consent
agenda authorizing the Mayor to sign a contract with Axon for Evidence Justice.
ATTACHMENTS
Axon Agreement
20
https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2024/InfoMemo re Axon Justice Agreement.docx
Axon Evidence Justice Services Agreement
This Axon Evidence Justice Services Agreement ("Agreement") is between Axon Enterprise, Inc., a Delaware
corporation ("Axon"), and the agency on the Quote ("Agency"). This Agreement is effective as of the later of the
(a) last signature date on this Agreement, or (b) signature date on the Quote ("Effective Date"). Axon and Agency
are each a "Party" and collectively "Parties". This Agreement governs Agency's purchase and use of the Axon
services detailed in the Quote Appendix ("Quote"). The Parties agree as follows:
1 Term. The Axon Evidence Justice Services subscription will begin on the Effective Date and continues
until all subscriptions hereunder have expired or been terminated ("Term").
2 Definitions.
"Axon Cloud Services" means Axon's web services for Axon Evidence, Axon Records, Axon
Dispatch, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon
Cloud Service excludes third -party applications, hardware warranties, and my.evidence.com.
"Axon Device Data" data uploaded to Evidence.com from Axon devices including body worn cameras,
Fleet cameras, Interview Room cameras, or Axon Capture.
"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.
"Agency Content" is data uploaded into, ingested by, or created in Axon Evidence within Agency's
tenant. Agency Content includes Evidence but excludes Non -Content Data.
"Quote" is only valid for services on the quote at the specified prices. Any inconsistent or supplemental
terms within Agency's purchase order in response to a Quote will be void.
3 Storage. Agency may store unlimited Axon Device Data in Agency's Axon Evidence account if the Axon
Device Data is shared to Agency through Axon Evidence from a partner agency using Axon Evidence.
If Agency is not purchasing an unlimited storage plan, Agency may purchase ala carte storage for other
data.
4 Payment. In the event Agency purchases services from Axon, payment is due net thirty (30) days from
the invoice date. Payment obligations are non -cancelable. Agency will pay invoices without setoff,
deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for
collection and attorneys' fees. All sales are final. Axon does not allow refunds or exchanges, except
warranty returns or as provided by state or federal law. Agency is responsible for sales and other taxes
associated with the order, unless Agency provides Axon a valid tax exemption certificate.
5 Insurance. Axon will maintain General Liability, Workers' Compensation, and Automobile Liability
insurance. Upon request, Axon will supply certificates of insurance.
6 Indemnification. Axon will indemnify Agency's officers, directors, and employees ("Agency
Indemnitees") against all claims, demands, losses, and reasonable expenses arising out of a third party
claim against an Agency lndemnitee resulting from any negligent act, error or omission, or willful
misconduct by Axon under this Agreement, except to the extent of Agency's negligence or willful
misconduct, or claims under workers compensation.
To the extent permitted by law, Axon disclaims all warranties, remedies, and conditions, whether
oral, written, statutory, or implied. Axon's cumulative liability to any Party for any loss or damage
resulting from any claim, demand, or action arising out of or relating to Axon Evidence Justice
Service will not exceed the amount paid for such services over the twelve (12) months preceding
the claim. Neither Party will be liable for direct, 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.
7 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. Agency will not cause any Axon
proprietary rights to be violated.
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 1 of
13
21
Axon Evidence Justice Services Agreement
8 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 Evidence 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 Evidence by Agency 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.
9 Termination.
9.1 For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days
written notice of the breach to the other Party, and the breach remains uncured at the end of
thirty (30) days. If Agency terminates this Agreement due to Axon's uncured breach, Axon will
refund prepaid amounts on a prorated basis based on the date of notice of termination.
9.2 By Agency. Agency is obligated to pay any applicable fees under this Agreement. If sufficient
funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate
this Agreement. Agency will deliver notice of termination under this section as soon as
reasonably practicable. The date of such termination will be the date Axon receives notice from
Agency.
9.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately
terminate, and Agency remains responsible for all fees incurred prior to the date of termination.
9.4 By Axon. If the Agency is using an Axon Evidence instance that has been provided a no charge
to the Agency, Axon may terminate this Agreement for its convenience by providing ninety (90)
days prior written notice.
10 Confidentiality. "Confidential Information" means nonpublic information designated as confidential
or, given the nature of the information or circumstances surrounding disclosure, should reasonably be
understood to be confidential. Each Party will take reasonable measures to avoid disclosure,
dissemination, or unauthorized use of the other Party's Confidential Information. Unless required by law,
neither Party will disclose the other Party's Confidential Information during the Term and for five (5)
years thereafter. Axon pricing is Confidential Information and competition sensitive. If Agency is required
by law to disclose Axon pricing, to the extent allowed by law, Agency will provide notice to Axon before
disclosure. Axon may publicly announce information related to this Agreement.
11 General.
11.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause
beyond a Party's reasonable control.
11.2 Independent Contractors. The Parties are independent contractors. Neither Party has
authority to bind the other. This Agreement does not create a partnership, franchise, joint
venture, Agency, fiduciary, or employment relationship between the Parties.
11.3 Third -Party Beneficiaries. There are no third -party beneficiaries under this Agreement.
11.4 Non -Discrimination. Neither Party nor its employees will discriminate against any person
based on: race; religion; creed; color; sex; gender identity and expression; pregnancy;
childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding;
sexual orientation; marital status; age; national origin; ancestry; genetic information; disability;
veteran status; or any class protected by local, state, or federal law.
11.5 Export Compliance. Each Party will comply with all import and export control laws and
regulations.
11.6 Assignment. Neither Party may assign this Agreement without the other Party's prior written
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 2 of
13
22
Axon Evidence Justice Services Agreement
consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an
affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate
reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the
Parties respective successors and assigns.
11.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement
constitutes a waiver of that right.
11.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or
unenforceable, the remaining portions of this Agreement will remain in effect.
11.9 Survival. The following sections will survive termination: Indemnification, IP Rights, Axon's
Cloud Services Appendix, and, Storage.
11.10 Governing Law. The laws of the state where Agency is physically located, without reference
to conflict of law rules, govern this Agreement and any dispute arising from it. The United
Nations Convention for the International Sale of Goods does not apply to this Agreement.
11.11 Notices. All notices must be in English. Notices posted on Agency's Axon Evidence site are
effective upon posting. Notices by email are effective on the sent date of the email. Notices by
personal delivery are effective immediately. Notices to Prosecutor shall be provided to the
address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc., Attn:
Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to legal@axon.com.
11.12 Entire Agreement. This Agreement represents the entire agreement between the Parties. This
Agreement supersedes all prior agreements or understandings, whether written or verbal,
regarding the subject matter of this Agreement. This Agreement may only be modified or
amended in a writing signed by the Parties.
Each representative identified below declares they have been expressly authorized to execute this Agreement
as of the date of signature.
Axon Enterprise, Inc., Agency
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 3 of
13
23
Axon Evidence Justice Services Agreement
Axon Cloud Services Terms of Use Appendix
1. Definitions.
1.1. "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.
1.2. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency.
Evidence is a subset of Agency Content.
1.3. "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.
1.4. "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.
5.1. Agency will also maintain the security of end usernames 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.
5.2. 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
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 4 of
13
24
Axon Evidence Justice Services Agreement
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 six (6) months into archival storage. Agency
Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to
access.
For Third -Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with
a valid Axon's Evidence.com user license; (ii) is limited to data of the law enforcement agency that
purchased the Third -Party Unlimited Storage and the Axon's Evidence.com end user or Agency is
prohibited from storing data for other law enforcement agencies; and (iii) Agency may only upload and
store data that is directly related to: (1) the investigation of, or the prosecution of a crime; (2) common law
enforcement activities; or (3) any Agency Content created by Axon Devices or Evidence.com.
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. Service Offerings will be subject to the Axon Cloud
Services Service Level Agreement, a current version of which is available at
https://www.axon.com/products/axon-evidence/sla.
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, if any, Agency will
be entitled to receive Axon's Update and Upgrade releases on an if -and -when available basis.
12.1. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription
as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon completion of the
OSP 7 Term ("Axon Records Subscription")
12.2. 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 and
functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide
additional features or perform additional functions. Upgrades exclude new products that Axon
introduces and markets as distinct products or applications.
12.3. 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
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 5 of
13
25
Axon Evidence Justice Services Agreement
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.
12.4. Users of Axon Records at the Agency may upload files to entities (incidents, reports, cases, etc) in
Axon Records with no limit to the number of files and amount of storage. Notwithstanding the
foregoing, Axon may limit usage should the Agency exceed an average rate of one -hundred (100)
GB per user per year of uploaded files. Axon will not bill for overages.
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;
material in violation of third -party privacy rights; or malicious code.
14. After Termination. Axon will not delete Agency Content for ninety (90) days following termination. There
will be no functionality of Axon Cloud Services during these ninety (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 ninety
(90) 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. Requests for Axon to provide additional
assistance in downloading or transferring Agency Content, including requests for Axon's data egress service,
will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external
system.
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, Privacy, Storage, Axon Cloud Services Warranty, and Axon Cloud Services
Restrictions.
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 6 of
13
26
Axon Evidence Justice Services Agreement
Axon Customer Experience Improvement Program Appendix
1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon's
development of technology, such as building and supporting automated features, to ultimately increase
safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon
as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its
customers, to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP
Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services
Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the
CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy,
including high industry standards of de -identifying Personal Data, to enforce its security and privacy
obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a
participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its
consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP
Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box
unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.
2. ACEIP Tier 1.
2.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content
and may store separately copies of certain segments or elements of the Agency Content (collectively,
"ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to
aggregate, transform or de -identify Agency Content so that the extracted ACEIP Content is no longer
reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a
particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples
are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution,
to the Agency from which it was extracted. This attribution will be stored separately from the data itself,
but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content
upon Agency request. Once de -identified, ACEIP Content may then be further modified, analyzed, and
used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon
to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency's
request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any
and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable
of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if
Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency
a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of
such use, and the retention, privacy preserving extraction technique, and relevant data protection
practices applicable to the Agency Content or ACEIP Content ("Use Case"). From time to time, Axon
may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any
new Use Case, Axon will provide Agency notice (by updating the list of Use Case at
https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update
or another commercially reasonable method to Agency designated contact) ("New Use Case").
2.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination of the
Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency's request, Axon
will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon
will also delete any derivative works which may reasonably be capable of being associated with, or
1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to
directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying
metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources
(including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a
particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR)
capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate
could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and
the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass
breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be
extracted and all human utterances would be removed.
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 7 of
13
27
A AXON
Axon Evidence Justice Services Agreement
could reasonably be linked directly or indirectly to Agency.
3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon's services, Agency
may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use
Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy
Preserving Technique to enable product development, improvement, and support that cannot be
accomplished with aggregated, transformed or de -identified data.
❑ Check this box if Agency wants to help further improve Axon's services by participating in ACEIP Tier 2 in
addition to Tier 1. Axon will not enroll Agency into ACEIP Tier 2 until Axon and Agency agree to terms in writing
providing for such participation in ACEIP Tier 2.
Professional Services Appendix
If any of the professional services specified below are included on the Quote, this Appendix applies.
1. Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix
within six (6) months of the Effective Date.
2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and
configuration support and up to four (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 four (4) consecutive on -site days, Agency must purchase
additional days. Axon 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
practices 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
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 8 of
13
28
FAIMIIME
Axon Evidence Justice Services Agreement
3. Out of Scope Services. Axon is only responsible for the performance of the professional services described
in the Quote and this Appendix. 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.
4. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., 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.
5. Access Computer Systems to Perform Services. Agency authorizes Axon to access 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.
6. 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.
7. 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 seven (7)
calendar days from delivery of the Acceptance Form. Axon will address the issues and re -present the
Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification
of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem
Agency to have accepted the professional services.
8. 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.
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 9 of
13
29
ilffAvItig
Axon Evidence Justice Services Agreement
Add -on Services Appendix
This Appendix applies to Axon Citizen for Communities, Axon Redaction Assistant, and Axon Performance.
1 Subscription Term. If Prosecutor 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 Prosecutor.
If Prosecutor 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 Prosecutor, 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 Performance Auto -Tagging Data. In order to provide some features of Axon Performance to
Prosecutor, Axon will need to store call for service data from Prosecutor's CAD or RMS.
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 10 of
13
30
ilffAvItig
Axon Evidence Justice Services Agreement
Axon Auto -Transcribe Appendix
This Appendix applies to Axon Auto -Transcribe.
1) Subscription Term. If Prosecutor purchases Axon Auto -Transcribe as part of a bundle or Axon
Evidence subscription, the subscription begins on the later of the (1) start date of the bundle or Axon
Evidence license term, or (2) date Axon provisions Axon Auto -Transcribe to Prosecutor. If Prosecutor
purchases Axon Auto -Transcribe minutes as a standalone, the subscription begins on the date Axon
provisions Axon Auto -Transcribe to Prosecutor.
Axon Auto -Transcribe minutes expire one year after being provisioned to Prosecutor by Axon.
If Prosecutor 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 Prosecutor a set number of minutes,
Prosecutor may utilize Axon Auto -Transcribe, subject to the number of minutes allowed on the Quote.
Prosecutor will not have the ability to roll over unused minutes to future Auto -Transcribe terms. Axon
may charge Prosecutor additional fees for exceeding the number of purchased minutes.
3) Axon Auto -Transcribe On -Demand. Upon Axon granting Prosecutor an On -Demand subscription to
Axon Auto -Transcribe, Prosecutor may utilize Axon Auto -Transcribe with no limit on the number of
minutes. The scope of Axon Auto -Transcribe On -Demand is to assist Prosecutor with reviewing and
transcribing individual evidence items. In the event Prosecutor uses Axon Auto -Transcribe On -
Demand outside this scope, Axon may initiate good -faith discussions with Prosecutor on upgrading
Prosecutor's Axon Auto -Transcribe On -Demand to better meet Prosecutor's needs.
4) Warranty. Axon does not warrant the accuracy of Axon Auto -Transcribe.
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 11 of
13
31
0
Axon Evidence Justice Services Agreement
Axon Application Programming Interface Appendix
This Appendix applies if Axon's API Services are included on the Quote.
1. Definitions.
1.1. "API Client" means the software that acts as the interface between Agency's computer and the server,
which is already developed or to be developed by Agency.
1.2. "API Interface" means software implemented by Agency to configure Agency's independent API Client
Software to operate in conjunction with the API Service for Agency's authorized Use.
1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon's API which
provides a programmatic means to access data in Agency's Axon Evidence account or integrate
Agency's Axon Evidence account with other systems.
1.4. "Use" means any operation on Agency's data enabled by the supported API functionality.
2. Purpose and License.
2.1. Agency may use API Service and data made available through API Service, in connection with an API
Client developed by Agency. Axon may monitor Agency's use of API Service to ensure quality, improve
Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere
with such monitoring or obscure from Axon Agency's use of API Service. Agency will not use API
Service for commercial use.
2.2. Axon grants Agency a non-exclusive, non -transferable, non-sublicensable, worldwide, revocable right
and license during the Term to use API Service, solely for Agency's Use in connection with Agency's
API Client.
2.3. Axon reserves the right to set limitations on Agency's use of the API Service, such as a quota on
operations, to ensure stability and availability of Axon's API. Axon will use reasonable efforts to
accommodate use beyond the designated limits.
3. Configuration. Agency will work independently to configure Agency's API Client with API Service for
Agency's applicable Use. Agency will be required to provide certain information (such as identification or
contact details) as part of the registration. Registration information provided to Axon must be accurate.
Agency will inform Axon promptly of any updates. Upon Agency's registration, Axon will provide
documentation outlining API Service information.
4. Agency Responsibilities. When using API Service, Agency and its end users may not:
4.1. use API Service in any way other than as expressly permitted under this Agreement;
4.2. use in any way that results in, or could result in, any security breach to Axon;
4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware,
or any items of a destructive nature to Axon Devices and Services;
4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or
networks providing API Service;
4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API
Service or any related software;
4.6. create an API Interface that functions substantially the same as API Service and offer it for use by
third parties;
4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other
individuals or entities to create links to API Service;
4.8. frame or mirror API Service on any other server, or wireless or Internet -based device;
4.9. make available to a third -party, any token, key, password or other login credentials to API Service;
4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or
4.11. disclose Axon's API manual.
5. API Content. All content related to API Service, other than Agency Content or Agency's API Client content,
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 12 of
13
32
Axon Evidence Justice Services Agreement
is considered Axon's API Content, including:
5.1. the design, structure and naming of API Service fields in all responses and requests;
5.2. the resources available within API Service for which Agency takes actions on, such as evidence,
cases, users, or reports;
5.3. the structure of and relationship of API Service resources; and
5.4. the design of API Service, in any part or as a whole.
6. Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API
Interface to:
6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies
longer than permitted by the cache header;
6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display,
or sublicense to any third -party;
6.3. misrepresent the source or ownership; or
6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and
trademark notices).
7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Agency is
required to implement and use the most current version of API Service and to make any applicable changes
to Agency's API Client required as a result of such API Update. API Updates may adversely affect how
Agency's API Client access or communicate with API Service or the API Interface. Each API Client must
contain means for Agency to update API Client to the most current version of API Service. Axon will provide
support for one (1) year following the release of an API Update for all depreciated API Service versions.
Title: Axon Evidence Justice Services Agreement
Department: Legal
Version: 5.0
Release Date: 6/26/2023
Page 13 of
13
33