2020/08/06 Axon Enterprise, Inc. First Amendment to Master Services and Purchasing Agreement First Amendment to Master Services and Purchasing Agreement
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This First Amendment (“Amendment”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”),
and Menifee Police Department (“Agency”). This Amendment is effective as of the last signature date on
this Amendment (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”.
Axon and Agency are parties to a Master Services and Purchasing Agreement with an effective date of
December 27, 2020 (“Agreement”).
The Parties wish to incorporate further changes into the Agreement and to the Quote, as defined in the
Agreement.
The Parties therefore agree as follows:
1.All references in the Agreement to the Menifee Police Department are hereby replaced with the
City of Menifee.
2.Section 1 of the Agreement is hereby deleted in its entirety and replaced with the following:
This Agreement begins on the Effective Date and continues for 5 years (“Term”). Agency may renew
this Agreement for an additional 5 years upon execution of a new quote. New devices and services
may require additional terms. Axon will not authorize services until Axon receives a signed Quote
or accepts a purchase order, whichever is first.
3.Section 7.4.2 of the Agreement is hereby deleted in its entirety and replaced with the following:
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 any Axon Device or Service will not exceed $1,000,000. 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
4.Quote is hereby redefined to include Quotes #Q-240779 and #Q-241664 (the “Original Quotes”),
and Quote #Q-256296 (the “New Quote”).
5.All other terms and conditions of the Agreement shall remain unchanged and in full force and
effect.
Each representative identified below declares that the representative is authorized to execute this
Amendment as of the date of signature.
Axon Enterprise, Inc.
Signature:
Name:
Title:
Date:
Agency
Signature:
Name:
Title:
Date:
DocuSign Envelope ID: 5775F21C-0ED7-4152-AA13-06FB4A1AF912
Robert Driscoll, VP, Associate General Counsel
7/22/2020
VP, Associate General Counsel
Approved As to Form:
_____________________________________Jeffrey T. Melching, City Attorney
Attest:
____________________________________________Sarah A. Manwaring, City Clerk
DocuSign Envelope ID: 019D9552-669C-4C1D-A156-617B0854EDC8
8/6/2020
City Manager
Armando G. Villa