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2023/07/17 Axon Fourth Amendment to Master Services and Purchasing AgreementFourth Amendment to Master Services and Purchasing Agreement This Fourth Amendment (“Amendment”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and City of Menifee on behalf of Menifee Police Department (collectively “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, 2019, as amended by that certain Amendment No. 1 entered into on August 6, 2020, as modified by that certain Phase 2 update to the Agreement executed on February 22,2021, as amended by that certain Amendment No. 2 entered into October 20, 2021, as amended by that certain Amendment No. 3 entered into on August 8, 2022.” (“Agreement”). The Parties wish to incorporate further changes into the Agreement regarding the attached Quote Q-434813-45019.713KP (“Attachment A”). The Parties therefore agree as follows: 1.Attachment A is hereby incorporated into the Agreement, including the pricing and the applicable terms and conditions. 2.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: Axon Enterprise, Inc. Signature: Name: Title: Date: AGENCY: City of Menifee Signature: _______________ Name: Title: Date: Attest: _____________________________________ Stephanie Roseen, Acting City Clerk Approved as to Form: ______________________________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41 Bobby Driscoll VP, Associate General Counsel 7/17/2023 DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Armando G. Villa 7-27-23 City Manager Attachment A Axon Quote (See Next Page) DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Page 1 Q-434813-45019.713KP Q-434813-45019.713KP Issued: 04/03/2023 Quote Expiration: 04/30/2023 Estimated Contract Start Date: 05/01/2023 Account Number: 508779 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Menifee Police Dept.-29714 Haun Rd Menifee Police Dept. - CA Kyle Panasewicz RAUL PEREZ 29714 Haun Rd 29844 Haun Rd Phone: +1 4803294734 Phone: (916) 214-1481 Menifee, CA 92586-6540 Menifee, CA 92586-6539 Email: kylep@axon.com Email: rperez@menifeepolice.org USA USA Fax: (480) 905-2071 Fax: Email: Quote Summary Discount Summary Program Length 27 Months Average Savings Per Year ($94.80) TOTAL COST $5,478.30 ESTIMATED TOTAL W/ TAX $5,478.30 TOTAL SAVINGS ($213.30) Payment Summary Date Subtotal Tax Total May 2023 $2,739.15 $0.00 $2,739.15 Jul 2024 $2,739.15 $0.00 $2,739.15 Total $5,478.30 $0.00 $5,478.30 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Page 2 Q-434813-45019.713KP Quote Unbundled Price:$5,265.00 Quote List Price:$5,265.00 Quote Subtotal:$5,478.30 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Software ProLicense Pro License Bundle 5 27 $39.00 $40.58 $5,478.30 $0.00 $5,478.30 Total $5,478.30 $0.00 $5,478.30 DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Page 3 Q-434813-45019.713KP Delivery Schedule Software Bundle Item Description QTY Estimated Start Date Estimated End Date Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 15 05/01/2023 07/31/2025 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 5 05/01/2023 07/31/2025 DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Page 4 Q-434813-45019.713KP Payment Details May 2023 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 ProLicense Pro License Bundle 5 $2,739.15 $0.00 $2,739.15 Total $2,739.15 $0.00 $2,739.15 Jul 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 ProLicense Pro License Bundle 5 $2,739.15 $0.00 $2,739.15 Total $2,739.15 $0.00 $2,739.15 DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Page 5 Q-434813-45019.713KP Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Page 6 Q-434813-45019.713KP \s1\\d1\ Signature Date Signed 4/3/2023 DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 7-27-23