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Home My WebLink About20171771C..ontr(0 (p 4i 1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: Evidence.com for Prosecutors DEPARTMENT: District Attorney's Office PERSON REQUESTING: Michael Rourke Brief description of the problem/issue: DATE: May 19, 2017 The District Attorney's Office would like to begin using Evidence.com for Prosecutors. Evidence.com for Prosecutors will allow the DA's Office to view police videos and other files police agencies have stored on evidence_com. Participating police agencies upload files to Evidence.com, then share them online with the DA. The DA's Office could access the shared links under their Evidence.com for Prosecutors account, and then share designated links with defense attorneys. This way the DA would not have to provide anything on disk to defense attorneys, and would not be using county storage to save the files and videos. Evidence.com for Prosecutors has been reviewed by the District Attorney's Office and Information Technology. Access to Evidence.com for Prosecutors is a zero -dollar agreement. The agreement has been reviewed and approved by Michael Rourke and Frank Haug. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) I. Approve and authorize the Chair to sign the agreement. 2. If not signed, the District Attorney's Office must store videos and files on county storage, then provide discovery to defense attorneys on portable media. Recommendation: Recommend that the board approve and authorize the Chair to sign the agreement. Approve Recommendation Sean P. Conway Julie A. Cored, Chair Mike Freeman Barbara Kirkmeyer —511 a-tC.Jltdy t.°Atw1 Steve Moreno Pro -Tern to -/2- /7 1 Schedule Work Session Cc: ST b%ia- li Other/Comments Wonttila Y enosat 7 .414- LAciAt, ar CrAimAl 2017-1771 IO/'now Karla Ford From: Sent To: Cc: Subject: Barbara Kirkmeyer Thursday, June 01, 2017 7:41 AM Ryan Rose; Karla Ford Michael Rourke; BOCC; Steve Moreno; Sean Conway; Mike Freeman; Terasina White; Bruce Barker, Don Warden; Julie Cozad Re: All: Evidence.com Contract All my questions have been answered through the emails. I am in support No need for a work session for me Barb Have a great day On Jun 1, 2017, at 7:39 AM, Ryan Rose Good morning, wrote: There is very little IT time associated to the setup and maintenance of the system. We have had a couple of design and implementation meetings with the DA's office and Evidence.com and I agree with Michael's statements below. Best, Ryan From: Barbara Kirkmeyer Sent: Thursday, lune 1, 2017 7:36 AM To: Ryan Rose congtmengnialp Cc: Michael Rourke < >; BOCC < a>; Steve Moreno <attter to .a tsp>; Sean Conway ; Mike Freeman gnfeemendtee.wetd.co.ure; Terasina White <twhlledlLLweld.baus>; Bruce Barker 4thuktylkameld,e0.05>; Don Warden cdw.vdecr ;ytetd.ut t p; Julie Cozad Subject: Re: All: Evidence.com Contract My last question: Ryan Is this pretty easy to setup- taking minimal time on the part of your staff'? Have a great day On May 31, 2017, at 3:33 PM, Julie Cozad <'pw ,eo,us> wrote: We will get it rescheduled as quickly as possible. Sorry, we are still in our land use hearings since 10 a.m. A AXON EVIDENCE.COM PROSECUTOR SERVICES AGREEMENT between AXON ENTERPRISE, INC. and Weld County District Attorney TAsen Protect Life EVIDENCE.COM PROSECUTOR SERVICES AGREEMENT This Evidence.com Prosecutor Services Agreement (the Agreement) by and between Axon Enterprise, Inc., (Axon or Party) a Delaware corporation having its principal place of business at 17800 N 85th Street, Scottsdale, Arizona, 85255, and , (Agency, Party or collectively Parties), is entered into as of the later of (a) the last signature date on this Agreement, or (b) the signature date on the quote (the Effective Date). This Agreement sets forth the terms and conditions for the purchase, delivery, use, and support of Axon products and services as detailed in the Quote Appendix (the Quote), which is hereby incorporated by reference. In consideration of this Agreement the Parties agree as follows: 1 Term. This Agreement will commence on the Effective Date and will remain in full force and effect until terminated by either Party. Axon services will not be authorized until a signed Quote or Purchase Order accepted by Axon, whichever is first. 2 Definitions. "Confidential Information" means all nonpublic information disclosed by Axon, Axon affiliates, business partners of Axon or their respective employees, contractors or agents that Is designated as confidential or that, given the nature of the information or circumstances surrounding Its disclosure, reasonably should be understood to be confidential. "Documentation" means the (i) spedflcations, explanatory or informational materials, whether in paper or electronic form, that relate to the Services provided under this Agreement, or (ii) user manuals, technical manuals, training manuals, warnings, specification or other explanatory or Informational materials, whether in paper or electronic form, that relate to the Products provided under this Agreement. "Evidence.com Service" means Axon web services for Evidence.com, the Evidence.com site, EVIDENCE Sync software, Axon Capture App, Axon View App, other software, maintenance, storage, and product or service provided by us under this Agreement for use with Evidence.com. This does not include any Third Party Applications, or the my.evidence.com services. "Policies" means the Trademark Use Guidelines, all restrictions described on the Axon website, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials. "Products" means all Axon equipment, software, cloud based services, Documentation and software maintenance releases and updates provided by Axon under this Agreement. "Quote" is an offer to sell or to provide, is valid only for products and services listed on the quote at prices on the quote. Any terms and conditions contained within the Agency's purchase order in response to the Quote will be null and void and shall have no force or effect. Axon is not responsible for pricing, typographical, or other errors in any offer by Axon and Axon reserves the right to cancel any orders resulting from such errors. Axon reserves the right to adjust prices or Products unless otherwise specified in the Quote. "Services" means all services provided by Axon pursuant to this Agreement. 3 Payment Terms. In the event Agency purchases any Products or Services from Axon, invoices are due to be paid within 30 days of the date of invoice, unless otherwise specified by Axon. All orders are subject to prior credit approval. Payment obligations are non -cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. Ud. YWe Service .MPnduuq Mr.....ni— FanIble(OrJb.) Up"n.ne Lnal V.i. 41 Wear Oslo YtYi"1 Page 2of 10 TASER P•ele et Lite If a delinquent account is sent to collections, the Agency is responsible for all collection and attorneys' fees. 4 Taxes. Unless Axon is provided with a valid and correct tax exemption certificate applicable to the purchase location, the Agency is responsible for sales and other taxes associated with the order. 5 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 6 Resign Chances. Axon reserves the right to make changes in the design of any of Axon's products and services without incurring any obligation to notify the Agency or to make the same change to products and services previously purchased. 7 Thisisistg. Axon will maintain at Axon's own expense and in effect during the Term, Commercial General Liability Insurance, and Workers ' Compensation Insurance and Commercial Automobile Insurance and will furnish certificates of insurance or self-insurance upon request. 8 aniitisitigh. Axon will indemnify and defend the Agency Indemnitees (the Agency's officers, directors, and employees) from and against all claims, demands, losses, liabilities, reasonable costs and expenses arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct of Axon under or related to this Agreement, except in the case of negligent acts, omissions or willful misconduct of the Agency or claims that fall under Workers Compensation coverage. Axon's cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services, the amount paid for such services over the prior 12 months preceding the daim. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 9 flights. Axon owns and reserves all right, title, and interest in the Axon Products and related software, as well as any suggestions made to Axon. 10 IP IndemnMcatlon. Axon will defend, indemnify, and hold the Agency Indemnitees harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third -party claim alleging that use of Axon Products or Services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. The Agency must provide Axon with prompt written notice of such a claim, tender to us the defense or settlement of such a daim at our expense, and cooperate fully with us in the defense or settlement of such a claim. Axon has no liability to the Agency or any third party if any alleged infringement or claim of infringement is to any extent based upon: (a) any modification of the Evidence.com Services by the Agency or any third party not approved by Axon; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved or recommended by Axon; (c) the use of Evidence.com Services other than as permitted under this Agreement or in a manner for which it was not intended; or (d) the use of other than the most current release or version of any software provided by Axon as part of or in connection with the Evidence.com Services. Nothing in this Section will affect any warranties in favor of the Agency that are otherwise provided in or arise out of this Agreement. Take Mailer Smkn and Putcheelog Agnem.m web Eghlalblayhl.' Op.Mmn Levy Venice: l0 MMw An: 9/13/2016 Page 3 of 10 TASEA Prefect Life 11 Antleaminemibthilm. The Agency is responsible for (i) use of Axon Products (including any activities under the Agency Evidence.com account and use by Agency employees and agents), (ii) breach of this Agreement or violation of applicable law by the Agency or any of the Agency's end users, (iii) Agency Content or the combination of Agency Content with other applications, content or processes, including any claim Involving alleged Infringement or misappropriation of third party rights by Agency Content or by the use of Agency Content, (iv) a dispute between the Agency and any third party over Agency use of Axon products or the collection or use of Agency Content, (v) any hardware or networks that the Agency connects to the Evidence.com Services, and (vi) any security settings the Agency establishes to interact with or on the Evidence.com Services. 12 Termination. 12.1 By Either Party. Either Party may terminate for cause upon 30 days advance notice to the other Party if there is any material default or breach of this Agreement by the other Party, unless the defaulting Party has cured the material default or breach within the 30 - day notice period. In the event that the Agency terminates this Agreement under this Section and Axon fails to cure the material breach or default, Axon will Issue a refund of any prepaid amounts on a prorated basis from the date of notice of termination. 12.2 By Agency. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. If applicable, the Agency is obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during the Agency's then current fiscal year. In the event that sufficient funds will not be appropriated or are not otherwise legally available to pay the fees required under this Agreement, this Agreement may be terminated by the Agency. The Agency agrees to deliver notice of termination under this Section at least 90 days prior to the end of the Agency's then current fiscal year, or as soon as reasonably practicable under the circumstances. 12.3 Effect of Termination. Upon any termination of this Agreement: (a) all Agency rights under this Agreement Immediately terminate; (b) the Agency remains responsible for all fees and charges incurred through the date of termination; and (c) Indemnification, and Agency Responsibilities Sections, as well as the Evidence.com Terms of Use Appendix Sections on Agency Owns Agency Content, Data Storage, Fees and Payment, Software Services Warranty, IP Rights and License Restrictions will continue to apply in accordance with their terms. 13 General. 13.1 Confidentiality. Both Parties will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of either Party's Confidential Information. Except as required by applicable law, neither Party will disclose either Party's Confidential Information during the Term or at any time during the 5 -year period following the end of the Term. Unless the Agency is legally required to disclose Axon's pricing, all Axon pricing is considered confidential and competition sensitive. Axon is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. 13.2 Excusable delays. Axon will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond Axon's reasonable control TASER has the right to delay or Tide: Miele Seem IS Puerhalm Arsenate with f.dtI (Online' Deff nee 4.0 Venire LAVA MME. Mee 1111312011 Page 4 of 10 terminate the delivery with reasonable notice. 13.3 Force Majeure. Neither Party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the Parties' reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. 13.4 Proprietary Information. The Agency agrees that Axon has and daims various proprietary rights in the software, and the integration of ancillary materials, knowledge, and designs that constitute Axon products and services, and that the Agency will not directly or indirectly cause any proprietary rights to be violated. 13.5 Independent Contractors. The Parties are independent contractors. Neither Party, nor any of their respective affiliates, has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 13.6 No Third Party Benefldaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. 13.7 Non-discrimination and Equal Opportunity. During the performance of this Agreement, neither the Parties nor the Party's employees will discriminate against any person, whether employed by a Party or otherwise, on the basis of basis of race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. In all solicitations or advertisements for employees, agents, subcontractors or others to be engaged by a Party or placed by or on behalf of a Party, the solicitation or advertisement shall state all qualified applicants shall receive consideration for employment without regard to race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. 13.8 U.S. Government Rights. Any Evidence.com Services provided to the U.S. Govemment as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" will have the same rights and restrictions generally applicable to the Evidence.com Services. If the Agency is using the Evidence.com 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, the Agency will immediately discontinue use of the Evidence.com Services. The terms "commercial item," "commercial computer software,""commercial computer software documentation," and "technical data" are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. 13.9 Import and Export Compliance. In connection with this Agreement, each Party will comply with all applicable Import, re- import, export, and re-export control laws and regulations. 13.10 Assignment. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. Axon may assign or otherwise transfer this Agreement or any of our rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of our assets, (c) as part of a corporate reorganization, or (d) to a tidel MOM.fnH.e. .n. Pu"MNng .V....m .q E.NEb Kennel O.O.menc tett lenient 1.0 Relents Dew N132dM' Page 5 of 10 TASER Protect life subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 13.11 No Waivers. The failure by either Party to enforce any provision of this Agreement will not constitute a present or future waiver of the provision nor limit the Party's right to enforce the provision at a later time. 13.12 Severability. This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. 13.13 Governing Law; Venue. The laws of the state where the Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 13.14 Governmental Immunity. No term or condition of this contract shall be construed or Interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 13.15 Notices. All communications and notices to be made or given pursuant to this Agreement must be in the English language. Notices provided by posting on the Agency's Evidence.com site will be effective upon posting and notices provided by email will be effective when the email was sent. Notices provided by personal delivery will be effective immediately. Contact information for notices: Axon: Axon Enterprise, Inc. ATTN: Contracts 17800 N. 85th Street Scottsdale, Arizona 85255 contracts@axon.com AGENCY: 13.16 Entire Agreement. This Agreement, including the APPENDICES attached hereto, and the Policies and the quote provided by Axon, represents the entire agreement between the Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties, whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless In writing and signed by the Parties to this Agreement. If Axon provides a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict. 13.17 Counterparts. If this Agreement form requires the signatures of the Parties, then this Agreement may be executed by electronic signature in multiple counterparts, each of which is considered an original. hhT IN TNESS WHEREOF, the parties hereto have signed this Agreement this /oc. 41 day of , 2017. CONTRACT PROFESSIONAL: _AXON Enterprise, Inc. TOW U.er S.Me.. W Pudrhy Ape nnr MM S.SIh1t. PISS) 0.P.RwM. Lptl V.M.i L. P.S MWI Page 6 of 10 TAgEA . •I Lite By: f t Name: ,,pry \re,WI.C Title: EJPN loccCL t csoksas. Date SR" It -7 WELD CO (� ,,/ ATTEST: 'Ca G. fO;K Weld Co ' ty to a Board BY: Deputy CI to e B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO Barbara Kirkmeyer, Acting Chair Pro-Tem APPROyED AS fUBSTANCE: JUN 1 2 2017 I Elected Offic' or Department Head 4, tcr- "mkt-4st 111n Imam Sala M P—v4Ay,L.,M M4 &WS Palk* 0ytlY! Lapel WM= 6A ISIS DM IMAM Page 7 of 10 a°, 7- /77/ TASER Protect Lira Evidence.com Terms of Use Appendix guldens com Subsalotion Tetra, The Evidence.com Subscription will begin upon the earlier of the signature of the Quote or this MSPA. 2 Mag. "Agency Content" means software, data, text, audio, video, images or other Agency content or any of the Agency's end users (a) run on the Evidence.com Services, (b) cause to interface with the Evidence.com Services, or (c) upload to the Evidence.com Services under the Agency account or otherwise transfer, process, use or store in connection with the Agency account. Upon the purchase or granting of a subscripton from Axon and the opening of an Evidence.com account the Agency will have access and use of the Evidence.com Services for the storage and management of Agency Content during the subscription term (Term). The Evidence.com Service and data storage are subject to usage limits. The Evidence.com Service may not be accessed by more than the number of end users specified in the Quote. If Agency becomes aware of any violation of this Agreement by an end user, the Agency will immediately terminate that end user's access to Agency Content and the Evidence.com Services. 3 Agency Owns Agency Content The Agency controls and owns all right, title, and interest in and to Agency Content and except as otherwise outlined herein, Axon obtains no interest in the Agency Content and the Agency Content are not business records of Axon. The Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of Agency Content. Axon will have limited access to Agency Content solely for the purpose of providing and supporting the Evidence.com Services to the Agency and Agency end users. The Agency represents that the Agency owns Agency Content; and that none of Agency Content or Agency end users' use of Agency Content or the Evidence.com Services will violate this Agreement or applicable laws. 4 Evldence.com Data Security. 4.1. Generally. Axon will implement commercially reasonable and appropriate measures designed to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive Information Security Program (ISP) that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence uploaded, security education, risk management, and data protection, The Agency is responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content. Log -in credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. The Agency agrees to be responsible for all activities undertaken by the Agency, Agency employees, Agency contractors or agents, and Agency end users which result in unauthorized access to the Agency account or Agency Content. Audit log tracking for the video data is an automatic feature of the Services which provides details as to who accesses the video data and may be downloaded by the Agency at any time. The Agency shall contact Axon Immediately if an unauthorized third party may be using the Agency account or Agency Content or If account information is lost or stolen. It, N"I.. !"t.. .M Purchasing Nrm.M with ExhIM poll.) e......nt legal Widen. u RONre.n: WYNII Page 8 ar 10 TASER .rota °. 4.2. FBI CJIS Security Addendum. For customers based in the United States, Axon agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (C]IS) Security Addendum for the Term of this Agreement. 5 flaSuinert. Axon will make available updates as released by Axon to the Evidence.com Services. Updates may be provided electronically via the Internet. Axon will use reasonable efforts to continue supporting the previous version of any software for 6 months after the change (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities. The Agency is responsible for maintaining the computer equipment and Internet connections necessary for use of the Evidence.com Services. 6 pitaidsmix. Axon will not disclose Agency Content or any information about the Agency 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 Agency Content so the Agency may file an objection with the court or administrative body. The Agency agrees to allow Axon access to certain information from the Agency In order to: (a) perform troubleshooting services upon request or as part of our regular diagnostic screenings; (b) enforce this agreement or policies governing use of Evidence.com Services; (c) perform analytic and diagnostic evaluations of the systems; (d) improve Axon's products and services, or (e) provide information on product performance. 7 ladaltings Axon will determine the locations of the data centers In which Agency Content will be stored and accessible by Agency end users. For United States customers, Axon will ensure that all Agency Content stored in the Evidence.com Services remains within the United States including any backup data, replication sites, and disaster recovery sites. Axon may transfer Agency Content to third parties for the purpose of storage of Agency Content. Third party subcontractors responsible for storage of Agency Content are contracted by Axon for data storage services. Ownership of Agency Content remains with the Agency. For use of an Unlimited Evidence.com License unlimited data may be stored in the Agency's Evidence.com account only if the data originates from an Axon Body Worn Camera or Axon Capture device. Axon reserves the right to charge additional fees for exceeding purchased storage amounts or for Axon's assistance In the downloading or exporting of Agency Content. Axon may place any data stored in the Agency's Evidence.com accounts and not viewed or accessed for 6 months Into archival storage. Data stored in archival storage will not have Immediate availability and may take up to 24 hours to access. 8 stimusidansfilddeftescannelcm. Axon may suspend Agency access or any end user's right to access or use any portion or all of the Evidence.com Services immediately upon notice in accordance with the following: 8.1. The Termination provisions of the Master Service Agreement apply; 8.2. The Agency or an end user's use of or registration for the Evidence.com Services (i) poses a security risk to the Evidence.com Services or any third party, (ii) may adversely impact the Evidence.com Services or the systems or content of any other customer, (III) may subject Axon, Axon's affiliates, or any third party to liability, or (iv) may be fraudulent; 8.3. If Axon suspends the right to access or use any portion or all of the Evidence.com Services, the Agency remains responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension. Axon will not delete any of Agency Content on Evidence.com as a result of a suspension, except as specified elsewhere in this Agreement. 9 Software Strafes Warranty. Axon warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon TI W: Maier Sn.kee .w FURMiw Fg..mrn with FAWN W MIm1 Yq.Mmt Legal Vanier 00 Wear an: 9IISISYI3 Page 9 of 10 -rasen Protect LII= disdaims any warranties or responsibility for data corruption or errors before the data is uploaded to the Evidence.com Services. 10 jjangagnaldhant Neither the Agency nor any Agency end users (including, without limitation, employees, contractors, agents, officers, volunteers, and directors), may, or attempt to: (a) permit any third party to access the Evidence.com Services except as permitted in this Agreement; (b) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Evidence.com Services; (c) reverse engineer, disassemble, or decompile the Evidence.com Services or apply any other process or procedure to derive the source code of any software Included in the Evidence.com Services, or allow any others to do the same; (d) access or use the Evidence.com Services in a way intended to gain unauthorized access, avoid Incurring fees or exceeding usage limits or quotas; (e) copy the Evidence.com Services in whole or part, except as expressly permitted in this Agreement; (f) use trade secret information contained in the Evidence.com Services, except as expressly permitted in this Agreement; (g) resell, rent, loan, or sublicense the Evidence.com Services; (h) access the Evidence.com Services in order to build a competitive product or service or copy any features, functions, or graphics of the Evidence.com Services; (i) remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of ours or our licensors on or within the Evidence.com Services or any copies of the Evidence.com Services; or (j) use the Evidence.com Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third party privacy rights, or to store or transmit malicious code. All licenses granted in this Agreement are conditional on continued compliance this Agreement, and will immediately and automatically terminate if the Agency does not comply with any term or condition of this Agreement. The Agency may only use our trademarks In accordance with the Axon Trademark Use Guidelines (located at www.axon.com). 11 Atter Termination. Axon will not delete any Agency Content as a result of a termination during a period of 90 days following termination. During this 90 -day period the Agency may retrieve Agency Content only if all amounts due have been paid (there will be no application functionality of the Evidence.com Services during this 90 -day period other than the ability to retrieve Agency Content). The Agency will not incur any additional fees if Agency Content Is downloaded from Evidence.com during this 90 -day period. Axon has no obligation to maintain or provide any Agency Content after this 90 -day period and will thereafter, unless legally prohibited delete all of Agency Content stored in the Evidence.com Services. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from the Evidence.com Services. 12 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 will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. Tu.: Maur Santa ..e Pwd l.0 A :..m.n *Si Exhibit. IOnlIn.l DOPSInint LOOM V..._ 44 R.I.w ON: 1/132014 Page 10 of 10 Axon Enterprise, Inc. Protect Life. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: Julie Jordan (970) 400-2542 (970) 352-8023 Bill To: Weld County (CO) District Attorney's Office 915 Tenth Street P.O. Box 1167 Greeley, CO 80632 United States A AXON Quotation Quote: Q-III035-2 Date: 5/18/2017 3:47 PM Quote Expiration: 7/31/2017 Contract Start Date*: 6/1/2017 Contract Term: 5 years Ship To: Julie Jordan Weld County (CO) District Attorney's Office 915 Tenth Street P.O. Box 1167 Greeley, CO 80632 United States AX Account Number: 482378 SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Randall Cooper rcooper@axon.com Fedex - Ground Net 30 'Note this will vary based on the shipment date of the product. Year I Due Net 30 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 70 88111 PROSECUTOR STANDARD EVIDENCE.COM LICENSE: YEAR 1 PAYMENT USD 0.00 USD 0.00 USD 0.00 USD 0.00 10 89111 PROSECUTOR PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 1 PAYMENT USD 472.68 USD 4,726.80 USD 4,726.80 USD 0.00 1,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 750.00 USD 750.00 USD 0.00 Year I Due Net 30 Total Before Discounts: Year 1 Due Net 30 Discount: Year 1 Due Net 30 Net Amount Due: USD 5,476.80 USD 5,476.80 USD 0.00 Year 2 Due February 27th, 2018 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 70 88211 PROSECUTOR STANDARD EVIDENCE.COM LICENSE: YEAR 2 PAYMENT USD 0.00 USD 0.00 USD 0.00 USD 0.00 Page 1 of 3 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 10 89211 PROSECUTOR PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 2 PAYMENT USD 472.68 USD 4,726.80 USD 4,726.80 USD 0.00 1,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 750.00 USD 750.00 USD 0.00 Year 2 Due February 27th, 2018 Total Before Discounts: Year 2 Due February 27th, 2018 Discount: Year 2 Due February 27th, 2018 Net Amount Due: USD 5,476.80 USD 5,476.80 USD 0.00 Year 3 Due February 27, 2019 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 70 88311 PROSECUTOR STANDARD EVIDENCE.COM LICENSE: YEAR 3 PAYMENT USD 0.00 USD 0.00 USD 0.00 USD 0.00 10 89311 PROSECUTOR PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 3 PAYMENT USD 472.68 USD 4,726.80 USD 4,726.80 USD 0.00 1,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 750.00 USD 750.00 USD 0.00 Year 3 Due February 27, 2019 Total Before Discounts: Year 3 Due February 27, 2019 Discount: Year 3 Due February 27, 2019 Net Amount Due: USD 5,476.80 USD 5,476.80 USD 0.00 Year 4 Due February 27, 2020 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 70 88411 PROSECUTOR STANDARD EVIDENCE.COM LICENSE: YEAR 4 PAYMENT USD 0.00 USD 0.00 USD 0.00 USD 0.00 10 89411 PROSECUTOR PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 4 PAYMENT USD 472.68 USD 4,726.80 USD 4,726.80 USD 0.00 1,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 750.00 USD 750.00 USD 0.00 Year 4 Due February 27, 2020 Total Before Discounts: Year 4 Due February 27, 2020 Discount: Year 4 Due February 27, 2020 Net Amount Due: USD 5,476.80 USD 5,476.80 USD 0.00 Year 5 Due February 27, 2021 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 70 88511 PROSECUTOR STANDARD EVIDENCE.COM LICENSE: YEAR 5 PAYMENT USD 0.00 USD 0.00 USD 0.00 USD 0.00 10 89511 PROSECUTOR PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 5 PAYMENT USD 472.68 USD 4,726.80 USD 4,726.80 USD 0.00 1,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 750.00 USD 750.00 USD 0.00 Year 5 Due February 27, 2021 Total Before Discounts: Year 5 Due February 27, 2021 Discount: Year 5 Due February 27, 2021 Net Amount Due: USD 5,476.80 USD 5,476.80 USD 0.00 Page 2 of 3 Grand Total Axon Enterprise, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers USD 0.00 By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and Axon's Master Services and Purchasing Agreement posted at www.axon.com/legal. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Signature: Name (Print): PO# (if needed): Barbara Kirkmeyer Date: Acting Chair Pro-Tem, Board Tiue: of Weld County Commissioners JUN 12 2017 Quote: Q-111035-2 PleasesignandemailtoRandallCooperatrcooper@axon.comorfaxto THANK YOU FOR YOUR BUSINESS! `Protect Life'© and TASER® are registered trademarks of Axon Enterprise, Inc, registered in the U.S. © 2013 Axon Enterprise, Inc. All rights reserved. Page 3 of 3 ZD/7- /77/ Hello