Loading...
HomeMy WebLinkAbout2016 CON Taser International - Body Worn Cameras Storage Data ManagementAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC. THIS AGREEMENT is entered into on this 21st day of June, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and TASER INTERNATIONAL, INC., a Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide body worn cameras, cloud -based storage of digital evidence, internet data management through Evidence.com, and support services to assist with implementation and training as specified in Attachment "A". WHEREAS, the CITY has determined that the CONSULTANT is the industry leader in manufacturing and supporting body worn cameras for law enforcement agencies, will securely store all digital evidence such as pictures, video recordings and audio recordings by National City Police Department personnel on their servers while allowing National City Police Department personnel to manage the video data using their Evidence.com website; and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide body worn cameras, cloud -based storage of digital evidence, internet data management through Evidence.com, and support services to assist with implementation, training, as specified in Attachment "A", and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2016. The duration of this Agreement is for the period of five (5) years. Completion dates or time durations for specific portions of the Project are set forth in Attachments "A" and "B". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three (3) one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. 3. SCOPE OF SERVICES. CONSULTANT will provide body worn cameras, cloud -based storage of digital evidence, internet data management through Evidence.com, support services to assist with implementation, and on site training at the National City Police Department. The CONSULTANT will perform services as set forth in Attachment "A." The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings when requested to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Lieutenant Robert Rounds hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Charles Foster thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be in accordance with Attachments "A" and "B." The total cost for all work described in Attachments "A" and `B" shall not exceed $350,890.58. Annual invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Attachments "A" and `B," as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 2016 Agreement 2 City of National City and Taser International, Inc. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, 2016 Agreement 3 City of National City and Taser International, Inc. except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, 2016 Agreement 4 City of National City and Taser International, Inc. ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, and employees, against and from any and all civil or criminal liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. 2016 Agreement 5 City of National City and Taser International, Inc. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees and volunteers as additional insureds, and a separate e additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. C. Technology Errors and Omissions Liability Insurance, which includes professional liability coverage, with minimum limits of $2,000,000 each occurrence and each loss, and $4,000,000 general aggregate. The policy shall name the CITY and its officers, agents, employees and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, agents, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 2016 Agreement 6 City of National City and Taser International, Inc. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A: VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 2016 Agreement 7 City of National City and Taser International, Inc. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Manuel Rodriguez Chief of Police National City Police Department City of National City 1200 National City Boulevard National City, CA 91950-4397 2016 Agreement 8 City of National City and Taser International, Inc. To CONSULTANT: Contracts Taser International, Inc. 17800 N. 85th Street Scottsdale, AZ 85255 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date 2016 Agreement 9 City of National City and Taser International, Inc. shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits, Schedules, Attachments. The Exhibits, Schedules and Attachments attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, attachments or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. Attached to this Agreement are the following exhibits and attachments: Scope of Services, Taser Master Services and Purchasing Agreement, and Taser Quotation #Q- 53527-3. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The City is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the City in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and 2016 Agreement 10 City of National City and Taser International, Inc. negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: on Morrison, a or APPROVED AS TO FORM: audia Gacit City Attoli ey 2016 Agreement 11 TASER INTERN (Corporation — signat By: (Prin (Title) By: (Nam ONAL, INC of quired) 9 e iteVA( 6itiltrstl (Print) \ 7, S o,\C.) (Title) City of National City and Taser International, Inc. SCOPE OF SERVICES Vendor shall provide the Services indicated below for the City of National City Police Department with this Agreement based on the following payment schedule: FY 16117 FY 17/18 FY 18/19 FY 19/20 FY 20/21.. 5 YEAR TOTAL Equipment (w/shipping) $45,760.00 $45,760.00 Service & Storage Costs $56,776.00 $55,776.00 $55,776.00 $55,776.00 $55,776.00 $283,880.00 Taxes $7,227.06 $4,368.60 $4,368.60 $4,368.60 $4,368.60 $24,701.46 Estimated shipping $549.12 Total Cost $109,763.06 $60,144.60 $60,144.60 $60,144.60 $60,144.60 $350,890.58 Full description of Services: The City of National City Police Department seeks to implement seventy (70) Body Worn Cameras. Subsequent to the initial order of sixty-five (65) Axon Body 2 and five (5) Axon Flex body worn cameras, no guarantee is made that the sixty-five (65) Axon Body 2 and five (5) Axon Flex cameras will be under active service over the term of this agreement. No guarantee is made that additional cameras will be purchased or under active service over the term of this agreement. A. System Requirements and Software: 1 Most current software system(s) available: Evidence.com. 2. Video playback on mobile devices. 3. Low light capabilities for the body worn cameras. 4. Variable recording quality options. 5. A 30 second to two minute buffering period to record footage before activation; including the option to sound with the video during the buffering period. 6. Twelve plus hours of continuous record time with a single battery, no extra charging required. 7. Provide a hosted data management system that allows for management and sharing of digital evidence without altering the original recording. 8. Customizable controlled access to the evidence system. 9. Allows for adding meta -data to videos, pictures, and audio recordings; such as: Category, Title, Report Number, Officer Name, Date/Time, Miscellaneous Notes, or GPS data. 10. Stores and supports all major digital files: .mpeg, .doc, .pdf, .jpeg, .wav, .mp4, etc.. 11. Searchable fields including category based fields. 12. Ability to create tags, markers, and clips. 13. Automated category based evidence retention ability. 14. Ability to recover deleted evidence for a minimum of seven days. 15. Requires no proprietary file formats. 16. Ability to upload files directly to the data management system. 17. Secure encryption of data during transfer and storage. 18. Storage includes geo-dispersed redundant back up. Fault and disaster tolerant infrastructure in at least four redundant data centers with a minimum separation 1000 miles 19. Automatically tracks all system and user activity. 20. Generates real-time audit reports in PDF format to show chain of custody for evidence. 21. Case creation for multiple evidence files. 22. Allows users to capture digital evidence and upload files to the data management system from the field. 23. Free app for mobile devices. 24. Stored data protection is CJIS and ISO 27001 compliant. Attachment A Attachment "A" Page 2 of 4 25. With no on -site application, evidence is protected from local malware that may penetrate agency infrastructure. B. EQUIPMENT: - Axon Body 2 and Axon Flex cameras 1. Sixty-five (65) Axon Body 2 cameras. 2. Five (5) Axon Flex cameras. 3. "Spare Product" = Three (3) spare Axon Body 2 and one (1) spare Axon Flex cameras to keep at the National City Police Department to replace broken or non-functioning units in order to maintain the consistency of the body worn camera program. 4. 130 degree field of view lens on cameras. 5. Ability to charge and upload data simultaneously from a single device. 6. No computer necessary to upload data. 7. No local storage infrastructure or software needed. 8. Ability to mount the camera in multiple locations on the body. 9. Tactical design. 10. The TASER Assurance Plan (TAP) Officer Safety Plan; including the benefits of the Evidence.com Ultimate License for the Axon Body 2 and Flex cameras and Axon Capture generated data in Evidence.com, TAP for the Evidence.com docking stations. a) Upgrades at no extra charge to purchased Axon Body 2 and Flex cameras and docking stations at years 2.5 and 5 under TAP. b) Five (5) years total warranty coverage. c) Ultimate Evidence.com data plan includes 40 GB storage per user license (which is pooled together for all users). d) Additional 8400 GB pooled storage purchased by the City at extra charge (.75 cents per GB = 120 GB per user license). e) No penalty if users exceed contracted storage. (1) Additional storage will be charged to City by TASER at .75 cents per GB. 11. Sixty-five (65) magnet mounts for the Axon Body 2 cameras. 12. Five (5) ratchet collar/versatile/cap mounds for the Axon Flex cameras. 13. Five (5) controller holster belt clips for the Axon Flex cameras. 14. Ten (10) Axon 6-bay docking stations (including wall -mount brackets). 15. One (1) 6-bay docking station for the Axon Flex cameras (including wall -mount bracket). C. DEDICATED TRAINED REGIONAL SUPPORT MANAGER: TASER will provide the following to the CITY: 1. Assistance with inventory management. 2. Assistance ordering equipment/supplies. 3. Assistance returning equipment/supplies. 4. Repairs and upgrades to equipment as outlined in the contract. 5. Implementation and training outlined in the Performance Plus Service agreement: a) System set up and configuration. (1) Setup Axon® Mobile on smart phones (if applicable). (2) Configure categories & custom roles based on Agency need. (3) Troubleshoot IT issues with Evidence.com and Evidence.com Dock (Dock) access. (4) Work with IT to install EVIDENCE Sync software on locked -down computers (if applicable). (5) One on -site session Included (6) Virtual Assistance Included b) Dock Installation. (1) Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. Attachment "A" Page 3 of 4 (2) Authenticate Dock with Evidence.com using "admin" credentials from Agency. (3) Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment. (4) On site Assistance Included (5) Virtual Assistance Included c) Dedicated Project Manager. (1) Assignment of a specific TASER representative for all aspects of planning the Product rollout (Project Manager). d) Weekly Project Planning Meetings. (1) Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units. (2) Docks and Evidence.com account training based on size, timing of rollout and Agency's desired level of training. (3) Up to 4 weekly meetings leading up to the Evidence.com Dock installation of not more than 30 minutes in length. e) Best practice implementation planning session —One on -site session to: (1) Provide considerations for establishment of video policy and system operations best practices based on TASER's observations with other agencies. (2) Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management. (3) Provide referrals of other agencies using the Axon camera products and Evidence.com services (4) Create project plan for larger deployments. (5) Recommend rollout plan based on review of shift schedules. f) Implementation document packet. (1) Evidence.com administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide. g) Post go live review session. D. TRAINING In accordance with the TASER Master Services and Purchasing Agreement and the Premium Plus Service Agreement, TASER will provide the following: 1. System Admin and troubleshooting training sessions. a) Two on -site sessions —each providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Evidence.com. 2. Axon instructor training. a) Prior to general user training on Axon camera systems and Evidence.com services, TASER's on -site professional services team will provide training for instructors who can support the Agency's subsequent Axon camera and Evidence.com training needs. 3. End user go live training and support sessions. a) Provide individual device set up and configuration assistance; pairing with viewers when applicable; and training on device use, Evidence.com and EVIDENCE Sync. SUPPORT Provided at no extra cost. 1. Support available 365 days per year, 24 hours per day, seven days per week (24/7). 2. Remote trouble shooting as required. 3. Dedicated customer service department with a toll free number. Attachment "A" Page 4 of 4 4. Technology upgrades (including equipment) as outlined in the agreement period. 5. Dedicated information security department that protects evidence storage with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities. 6. Integration services as needed — complex integrations may require additional services. 7. Library of accessible training information. F. PERFORMANCE GUARANTEE 1. Prices offered, including maintenance, supplies, training, and upgrades shall be guaranteed and available to the City of National City throughout the agreement period. II. Dates and location where Services will take place (including time schedule and/or milestone dates if appropriate) A. Consultation and training dates to be determined by the National City Police Department and Taser International, Inc. B. Location: National City Police Department, 1200 National City Blvd, National City, CA 91950. Vendor Contact: Dan Hilderman Senior Regional Manager Mobile: 858.922.5914 dhildermantasercom PROTECTTsikaom LIFE MASTER SERVICES AND PURCHASING AGREEMENT between TASER INTERNATIONAL, INC. and National City Police Dept. - CA CITY Agreement Number: Attachment B TASER PROTECT LIFE MASTER SERVICES AND PURCHASING AGREEMENT This Master Agreement (the Agreement) by and between TASER International, Inc., (TASER or Party) a Delaware corporation having its principal place of business at 17800 N 85th Street, Scottsdale, Arizona, 85255, and National City Police Dept. - CA , (Agency, Party or collectively Parties) having its principal place of business at 1200 National City Boulevard, National City, CA, 91950, is entered into as of June, 30, 2016 (the Effective Date). This Agreement is an attachment to the "AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC." both of which set forth the terms and conditions for the purchase, delivery, use, and support of TASER products and services as detailed in Quote # Q-53527 (the Quote), which is hereby incorporated by reference. It is the intent of the Parties that these agreements shall govern all subsequent purchases by Agency of TASER Products and all subsequent quotes accepted by Agency shall be also incorporated by reference as a Quote. 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. TASER services will not be authorized until a signed Quote or Purchase Order is received, whichever is first. 1.1 Evidence.com Subscription Term: The Initial Term of the Subscription services will begin after shipment of the Product. If shipped in 1st half of the month, the start date is on the 1st of the following month. If shipped in the last half of the month, the start date is on the 15th of the following month. Subscription Services will automatically renew for additional successive Terms of one (1) year after completion of the initial Term at the list price then in effect, unless the Agency gives TASER written notice of termination within sixty (60) days prior to the end of a one (1) year period. 1.2 Professional Services Term: Amounts pre -paid for professional services as outlined in the Quote and the Professional Service Appendix must be used within 6 months of the Effective Date. 2 Definitions. "Business Day" means Monday through Friday, excluding holidays. "Confidential Information" means all nonpublic information disclosed by TASER, TASER affiliates, business partners of TASER 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) specifications, 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 TASER web services for Evidence.com, the Evidence.com site, EVIDENCE Sync software, EVIDENCE Mobile App, Axon® Mobile 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, hardware warranties, or the my.evidence.com services. "Installation Site" means the location(s) where the Products are to be installed. "Policies" means the Trademark Use Guidelines, all restrictions described on the TASER website, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials. Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 2 of 16 TASER PROTECT L I F E "Products" means all TASER equipment, software, cloud based services, Documentation and software maintenance releases and updates provided by TASER under this Agreement. "Quote" is an offer to sell, is valid only for products and services listed on the quote at prices on the quote. All Quotes referenced in this Agreement or issued and accepted after the Effective Date of this Agreement will be subject to the terms of this Agreement. 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. TASER is not responsible for pricing, typographical, or other errors in any offer by TASER and TASER reserves the right to cancel any orders resulting from such errors. TASER reserves the right to adjust prices or Products unless otherwise specified in the Quote. "Resolution Time" means the elapsed time between TASER's acknowledgment of an issue until the problem in the Services has been resolved, which does not include time delays caused by the Agency or by third parties outside of TASER's reasonable control. "Services" means all services provided by TASER pursuant to this Agreement. "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. 3 Payment Terms. Invoices are due to be paid within 30 days of the date of invoice. 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. If a delinquent account is sent to collections, the Agency is responsible for all collection and attorneys' fees. 4 Taxes. Unless TASER is provided with a valid and correct tax exemption certificate applicable to the purchase and ship -to location, the Agency is responsible for sales and other taxes associated with the order. 5 Shipping; Title; Risk of Loss; Rejection. TASER reserves the right to make partial shipments and products may ship from multiple locations. All shipments are E.X.W. via common carrier and title and risk of loss pass to the Agency upon delivery to the common carrier by TASER. The Agency is responsible for all freight charges. Any loss or damage that occurs during shipment is the Agency's responsibility. Shipping dates are estimates only. The Agency may reject nonconforming Product by providing TASER written notice of rejection within 10 days of shipment. Failure to notify TASER within the 10 day rejection period will be deemed as acceptance of Product. 6 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 7 Warranties. 7.1 Hardware Limited Warranty. TASER warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1-year limited warranty term plus the term of the extended warranty measured after the expiration of the 1-year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. TASER-Manufactured Accessories are covered under a limited 90-DAY warranty from the date of receipt. Non-TASER manufactured accessories are covered under the manufacturer's warranty. If TASER determines that a valid warranty claim is received within the warranty period, TASER agrees to repair or replace the Product. TASER's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 3 of 16 TABER PROTECT LIFE TASER's option. 7.2 Warranty Limitations. 7.2.1 The warranties do not apply and TASER will not be responsible for any loss, data loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non-TASER products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by TASER; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than TASER authorized personnel or without the written permission of TASER; or (e) if any TASER serial number has been removed or defaced. 7.2.2 To the extent permitted by law, the warranties and the remedies set forth above are exclusive and TASER disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. 7.2.3 TASER'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 TASER product purchased pursuant to this Agreement will not exceed $5,000,000. In no event will either Party be liable for any, special, indirect, incidental, exemplary, or punitive damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 7.3 Warranty Returns. If a valid warranty claim is received by TASER within the warranty period, TASER agrees to repair or replace the Product which TASER determines in its sole discretion to be defective under normal use, as defined in the Product instructions. TASER's sole responsibility under this warranty is to either repair or replace with the same or like Product, at TASER's option. 7.3.1 For warranty return and repair procedures, including troubleshooting guides, please go to TASER's websites www.taser.com/support or www.evidence.com, as indicated in the appropriate product user manual or quick start guide. 7.3.2 Before delivering product for warranty service, it is the Agency's responsibility to upload the data contained in the product to the EVIDENCE.com services or download the product data and keep a separate backup copy of the contents. TASER is not responsible for any loss of software programs, data, or other information contained on the storage media or any other part of the product services. 7.3.3 A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes Purchaser's property and the replaced item becomes TASER's property. 8 Product Warnings. See our website at www.TASER.com for the most current product warnings. 9 Design Changes. TASER reserves the right to make changes in the design of any of TASER's products and services without incurring any obligation to notify the Agency or to make the same change to products and services previously purchased. 10 Insurance. TASER will maintain at TASER's own expense and in effect during the Term, Commercial General Liability Insurance, Workers' Compensation Insurance, Technology Errors and Omissions Liability Insurance and Commercial Automobile Insurance and will furnish certificates of insurance or Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 4 of 16 TABER PROTECT I. I E E self-insurance upon request. 11 IP Rights. TASER owns and reserves all right, title, and interest in the TASER Products and related software, as well as any suggestions made to TASER. 12 IP Indemnification. TASER 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 TASER Products or Services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. The Agency must provide TASER with prompt written notice of such a claim, tender to us the defense or settlement of such a claim at our expense, and cooperate fully with us in the defense or settlement of such a claim. This defense, indemnity and hold harmless provision shall not be subject to any warranty limitations set forth in Section 7 of this Agreement. 13 TASER 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 TASER; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved or recommended by TASER; (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 TASER 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. 14 Agency Responsibilities. The Agency is responsible for (i) use of TASER 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 TASER 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. 15 Termination. 15.1 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) Payment Terms, Warranty, Product Warnings, 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. 15.2 After Termination. TASER will not delete any Agency Content as a result of a termination during a period of 180 days following termination. During this 180-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 180-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 180-day period. TASER has no obligation to maintain or provide any Agency Content after this 180-day period and will thereafter, unless legally prohibited, delete all of Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 5 of 16 TASER PROTECT LIFE Agency Content stored in the Evidence.com Services. However, should Agency want to store the content longer than the 180 day period, Agency must make a written request to TASER before the expiration of the 180 day period and pay for storage of the content at the rate of $.75/GB per year. Upon request, TASER will provide written proof that all Agency Content has been successfully deleted and fully removed from the Evidence.com Services. 15.3 Post -Termination Assistance. TASER will provide Agency with the same post -termination data retrieval assistance that TASER generally makes available to all customers. Requests for TASER to provide additional assistance in downloading or transferring Agency Content will result in additional fees and TASER will not warrant or guarantee data integrity or readability in the external system. 16 General. 16.1 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. All TASER Pricing is considered confidential and competition sensitive. 16.2 Excusable delays. TASER 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 TASER's reasonable control TASER has the right to delay or terminate the delivery with reasonable notice. 16.3 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. 16.4 Proprietary Information. The Agency agrees that TASER has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute TASER products and services, and that the Agency will not directly or indirectly cause any proprietary rights to be violated. 16.5 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. 16.6 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. 16.7 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. Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 6 of 16 TASER PROTECT t I F E 16.8 U.S. Government Rights. Any Evidence.com Services provided to the U.S. Government 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. 16.9 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. 16.10 Assignment. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. TASER 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 subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 16.11 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. 16.12 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. 16.13 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. 16.14 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: TASER: TASER International, Inc. ATTN: Contracts 17800 N. 85th Street Scottsdale, Arizona 85255 contracts@taser.com AGENCY: Manuel Rodriguez Chief of Police National City Police Department City of National City 1200 National City Boulevard National City, CA 91950-4397 16.15 Entire Agreement. This Agreement along with the "AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC.", including the APPENDICES attached hereto, and the Policies and the quote provided by TASER, 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 Title: Department: Version: Release Date: Evidence.com Master Service Agreement with Exhibits Legal 11.0 7/31/2015 Page 7 of 16 :I:/9ER O T E C T l I F F TASER 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. 16.16 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. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of signature, duly authorized to execute this Agreement. TASER International, Inc. National City Police Dept. - CA Signature: Signature: Name: Name: Title: Title: Date: Date: Address: 17800 N. 85th Street Scottsdale, AZ 85255 Address: 1200 National City Boulevard, National City, CA, 91950 Attn: Contracts Email: contracts@taser.com Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 8 of 16 TASER PROTECT LIFE Evidence.com Terms of Use Appendix 1 Access Rights. Upon the purchase or granting of a subscription from TASER 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. 2 Agency Owns Agency Content. The Agency controls and owns all right, title, and interest in and to Agency Content and TASER obtains no rights to the Agency Content and the Agency Content are not business records of TASER. The Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of Agency Content. TASER 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. 3 Evidence.com Data Security. 3.1. Generally. TASER will implement commercially reasonable and appropriate measures designed to secure Agency Content against accidental or unlawful loss, access or disclosure. TASER 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 TASER immediately if an unauthorized third party may be using the Agency account or Agency Content or if account information is lost or stolen. 3.2. FBI CJIS Security Addendum. For customers based in the United States, TASER agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Addendum for the Term of this Agreement. 4 Our Support. TASER will make available updates as released by TASER to the Evidence.com Services. Updates may be provided electronically via the Internet. TASER will use reasonable efforts to continue supporting the previous version of any API or 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. 5 Data Privacy. TASER 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. TASER will give notice if Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 9 of 16 TASER PROTECT LIEF 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 TASER access to certain information from the Agency in order to: (a) perform troubleshooting services for the account upon request or as part of our regular diagnostic screenings; (b) enforce this agreement or policies governing use of Evidence.com Services; or (c) perform analytic and diagnostic evaluations of the systems. 6 Data Storage. TASER 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, TASER 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. TASER 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 TASER for data storage services. Ownership of Agency Content remains with the Agency. TASER may only transfer Agency Content to third parties or utilize third party subcontractors in accordance with sections 8 and 24L of the "AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC." and as allowed by the Agency in writing. For use of an Unlimited Evidence.com License unlimited data may be stored in the Agency's Evidence.com account if the data originates from a TASER device. For use of Totally Unlimited Evidence.com Licenses TASER reserves the right to limit the types of content the Agency can store and share using the Services. 7 Fees and Payment. Additional end users may be added during the Term at the pricing in effect at the time of purchase of additional end users, prorated for the duration of the Term. Additional end user accounts will terminate on the same date as the pre-existing subscriptions. TASER reserves the right to charge additional fees for exceeding purchased storage amounts or for TASER's assistance in the downloading or exporting of Agency Content. 8 Suspension of Evidence.com Services. TASER 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 TASER, TASER's affiliates, or any third party to liability, or (iv) may be fraudulent; 8.3. If TASER 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. TASER 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 Services Warranty. TASER warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. TASER disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to the Evidence.com Services. 10 License Restrictions. Neither the Agency nor any Agency end users 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 Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 10 of 16 TASER P ROTFCT L I F E 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 TASER Trademark Use Guidelines (located at www.TASER.com). Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 11 of 16 TA. 'ER PROTECT L i r F Professional Services Appendix 1 Scope of Services. The project scope will consist of the Services identified on the Quote. 1.1. The Package for the Axon and Evidence.com related Services are detailed below: System set up and configuration Setup Axon® Mobile on smart phones (if applicable). Configure categories & custom roles based on Agency need. Troubleshoot IT issues with Evidence.com and Evidence.com Dock (Dock) access. Work with IT to install EVIDENCE Sync software on locked -down computers (if applicable). One on -site session Included Dock installation Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. Authenticate Dock with Evidence.com using "admin" credentials from Agency. Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment. On site Assistance Included Dedicated Project Manager Assignment of a specific TASER representative for all aspects of planning the Product rollout (Project Manager). Ideally, the Project Manager will be assigned to the Agency 4-6 weeks prior to rollout. Weekly project planning meetings Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units, Docks and Evidence.com account training based on size, timing of rollout and Agency's desired level of training. Up to 4 weekly meetings leading up to the Evidence.com Dock installation of not more than 30 minutes in length. Best practice implementation planning session-1 on -site session to: Provide considerations for establishment of video policy and system operations best practices based on TASER's observations with other agencies. Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management. Provide referrals of other agencies using the Axon camera products and Evidence.com services Create project plan for larger deployments. Recommend rollout plan based on review of shift schedules. System Admin and troubleshooting training sessions 2 on -site sessions —each providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Evidence.com. Axon instructor training Prior to general user training on Axon camera systems and Evidence.com services, TASER's on -site professional services team will provide training for instructors who can support the Agency's subsequent Axon camera and Evidence.com training needs. End user go live training and support sessions Provide individual device set up and configuration assistance; pairing with viewers when applicable; and training on device use, Evidence.com and EVIDENCE Sync. Implementation document packet Evidence.com administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go live review session 1.2. Additional training days may be added on to any service package for additional fees set forth in the Quote. Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 12 of 16 TASER PROT F CT L IFF 2 Out of Scope Services. TASER is responsible to perform only the Services described on the Quote. Any additional services discussed or implied that are not defined explicitly by the Quote will be considered out of the scope. 3 Delivery of Services. 3.1. Hours and Travel. TASER personnel will work within normal business hours, Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays unless otherwise agreed in advance. All tasks on - site will be performed over a consecutive timeframe unless otherwise agreed to by the Parties in advance. Travel time by TASER personnel to Agency premises will not be charged as work hours performed. 3.2. Changes to Services. Changes to the scope of Services must be documented and agreed upon by the Parties in a change order. Changes may require an equitable adjustment in the charges or schedule. 4 Authorization to Access Computer Systems to Perform Services. The Agency authorizes TASER to access relevant Agency computers and network systems solely for the purpose of performing the Services. TASER will work diligently to identify as soon as reasonably practicable the resources and information TASER expects to use, and will provide an initial itemized list to the Agency. The 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 the Agency. 5 Site Preparation and Installation. Prior to delivering any Services, TASER will provide 1 copy of the then -current user documentation for the Services and related Products in paper or electronic form (Product User Documentation). The Product User Documentation will include all environmental specifications that must be met in order for the Services and related Products to operate in accordance with the Product User Documentation. Prior to the installation of Product (whether performed by the Agency or TASER), the Agency must prepare the Installation Site in accordance with the environmental specifications set forth in the Product User Documentation. Following the installation of the Products, the Agency must maintain the Installation Site where the Products have been installed in accordance with the environmental specifications set forth in the Product User Documentation. In the event that there are any updates or modifications to the Product User Documentation for any Products provided by TASER under this Agreement, including the environmental specifications for the Products, TASER will provide the updates or modifications to Agency when they are generally released by TASER to TASER customers. 6 Acceptance Checklist. TASER will present an Acceptance Checklist (Checklist) upon completion of the Services that will exactly mirror the description of services within this Section. The Agency will sign the Checklist acknowledging completion of the Services once the on -site service session has been completed. If the Agency reasonably believes that TASER did not complete the Services in substantial conformance with this Agreement, the Agency must notify TASER in writing of the specific reasons for rejection of the Services within 7 calendar days from delivery of the Checklist. TASER will address the issues and then will re -present the Checklist for approval and signature. If TASER does not receive the signed Checklist or a written notification of the reasons for the rejection of the performance of the Services within 7 calendar days of delivery of the Checklist, the absence of the Agency response will constitute affirmative acceptance of the Services, and a waiver of any right of rejection. 7 Liability for Loss or Corruption of Data. The Agency is responsible for: (i) instituting proper and timely backup procedures for Agency software and data; (ii) creating timely backup copies of Agency software or data that may be damaged, lost, or corrupted due to our provision of Services; and (iii) using backup copies to restore any Agency software or data in the event of any loss of, damage to, or corruption of the Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 13 of 16 TASER PROTECT l I F F operational version of Agency software or data. However, regardless of any assistance provided by TASER: (i) TASER will in no way be liable for the accuracy, completeness, success, or results of efforts to restore Agency software or data; (ii) any assistance provided by TASER under this Section is without warranty, express or implied. Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 14 of 16 TAB a Ft PROLIFE TASER Assurance Plan Appendix The TASER Assurance Plan or "TAP" has been purchased as part of the Quote attached to this Agreement. TAP provides hardware extended warranty coverage, Spare Products, and Upgrade Models at the end of the TAP Term. TAP only applies to the TASER Product listed in the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website. The Agency may not buy more than one TAP for any one covered Product. 1 TAP Warranty Coverage. TAP includes the extended warranty coverage described in the current hardware warranty. TAP warranty coverage starts at the beginning of the TAP Term and continues as long as the Agency continues to pay the required annual fees for TAP. The Agency may not have both an optional extended warranty and TAP on the Axon camera/Dock product. TAP for the Axon camera products also includes free replacement of the Axon flex controller battery and Axon body battery during the TAP Term for any failure that is not specifically excluded from the Hardware Warranty. 2 TAP Term. TAP Term start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the following month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month. 3 SPARE Product. TASER will provide a predetermined number of spare Products for those hardware items and accessories listed in the Quote (collectively the "Spare Products") to keep at the Agency location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. The Agency must return to TASER, through TASER's RMA process, any broken or non-functioning units for which a Spare Product is utilized, and TASER will repair or replace the non-functioning unit with a replacement product. TASER warrants it will repair or replace the unit which fails to function for any reason not excluded by the TAP warranty coverage, during the TAP Term with the same product or a like product, at TASER's sole option. The Agency may not buy a new TAP for the replacement product or the Spare Product. 3.1. Within 30 days of the end of the TAP Term the Agency must return to TASER all Spare Products. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products not returned to TASER. If all the Spare Products are returned to TASER, then TASER will refresh the allotted number of Spare Products with Upgrade Models if the Agency purchases a new TAP for the Upgrade Models. 4 TAP Upgrade Models. Upgrade Models are to be provided as follows during and/or after the TAP Term: (i) an upgrade will provided in year 3 if the Agency purchased 3 years of Evidence.com services with Ultimate Licenses or Unlimited Licenses and all TAP payments are made; or (ii) 2.5 years after the Effective Date and once again 5 years after the Effective Date if the Agency purchased 5 years of Evidence.com services with an Ultimate License or Unlimited Licenses or OSP and made all TAP payments. Any products replaced within the six months prior to the scheduled upgrade will be deemed the Upgrade Model. Thirty days after the Upgrade Models are received, the Agency must return the products to TASER or TASER will deactivate the serial numbers for the products received unless the Agency purchases additional Evidence.com licenses for the Axon camera products the Agency is keeping. The Agency may buy a new TAP for any Upgraded Model. Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 15 of 16 TASEF% PROTECT LIFE 4.1. TAP Axon Camera Upgrade Models. 4.1.1. If the Agency purchased TAP for Axon Cameras as a stand-alone service, then TASER will upgrade the Axon camera (and controller if applicable), free of charge, with a new on - officer video camera that is the same product or a like product, at TASER's sole option. TASER makes no guarantee that the Upgrade Model will utilize the same accessories or Dock. If the Agency would like to change product models for the Upgrade Model, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model that will be acquired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 4.1.2. If the Agency purchased Unlimited License or OSP, then TASER will upgrade the Axon camera (and controller if applicable), free of charge, with a new on -officer video camera of the Agency's choice. 4.2. TAP Dock Upgrade Models. TASER will upgrade the Dock free of charge, with a new Dock with the same number of bays that is the same product or a like product, at TASER's sole option. If the Agency would like to change product models for the Upgrade Model or add additional bays, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model desired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 5 TAP Termination. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments for the Evidence.com services then TASER may terminate TAP and all outstanding Product related TAPs. TASER will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 5.1. TAP coverage will terminate as of the date of termination and no refunds will be given. 5.2. TASER will not and has no obligation to provide the free Upgrade Models. 5.3. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products provided under TAP. If the Spare Products are returned within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product invoice. 5.4. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 5.5. If the Agency received Axon Products free of charge and TAP is terminated before the end of the term then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid as part of the TAP before the termination date; or (b) only in the case of termination for non -appropriations, return the Products to TASER within 30 days of the date of termination. Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 16 of 16 TASER International Protect Life. Protect Truth. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: Robert Rounds (619) 336-4433 (619) 336-4525 rrounds@nationalcityca.gov Bill To: National City Police Dept. - CA 1200 National City Boulevard National City, CA 91950 US Ship To: Robert Rounds National City Police Dept. - CA 1200 National City Boulevard National City, CA 91950 US Ft Quotation Quote: Q-53527-3 Date: 5/2/2016 11:35 AM Quote Expiration: 6/30/2016 Contract Start Date*: 7/15/2016 Contract Term: 5 years AX Account Number: 106266 SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Dan Hilderman dhilderman@taser.com Fedex - Ground Net 30 *Note this will vary based on the shipment date of the product. Year 1, Axon Body 2 Due Net 30 25 Axon Body 2, 25 Ultimate licenses QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 13,000.00 USD 29,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89101 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR I PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 65 74001 AXON CAMERA ASSEMBLY, ONLINE. AXON BODY 2 USD 399.00 USD 25,935.00 USD 0.00 USD 25,935.00 65 74020 MAGNET MOUNT, FLEXIBLE, AXON BODY 2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 35 74021 MAGNET MOUNT, THICK OUTERWEAR, AXON BODY 2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 30 74022 SM POCKET MOUNT, 4", AXON BODY 2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 73004 WALL CHARGER, USB SYNC CABLE, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 Page 1 of 5 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL. 10 74008 AXON DOCK, 6 BAY + CORE, AXON BODY 2 USD 1,495.00 USD 14,950.00 USD 0.00 USD 14,950.00 10 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK USD 35.00 USD 350.00 USD 0.00 USD 350.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 3 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 1 85055 PREMIUM PLUS SERVICE USD 15,000.00 USD 15,000.00 USD 0.00 USD 15,000.00 Year 1, Axon Body 2 Due Net 30 Tax Amount: Year 1, Axon Body 2 Due Net 30 Discount: Year 1, Axon Body 2 Due Net 30 Net Amount Due Including Taxes: USD 6,596.58 USD 13,000.00 USD 101,677.58 Year 1, Axon Flex due Net 30 30 Axon Flex, 30 Ultimate licenses QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 5 73096 CAMERA SYSTEM, AXON FLEX USD 599.00 USD 2,995.00 USD 0.00 USD 2,995.00 5 73088 RATCHET COLLAR/VERSATILE/ CAPMOUNT, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 73036 CONTROLLER, HOLSTER, BELT CLIPS, FLEX USD 0.00 USD 0.00 LSD 0.00 USD 0.00 1 70026 EVIDENCE.COM DOCK, AXON SIX BAY USD 1,495.00 USD 1,495.00 USD 0.00 USD 1,495.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD 180.00 USD 0.00 USD 180.00 1 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK USD 35.00 USD 35.00 USD 0.00 USD 35.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 1,000.00 USD 2,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 1 73096 CAMERA SYSTEM, AXON FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 1 73036 CONTROLLER, HOLSTER, BELT CLIPS, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 Year I, Axon Flex due Net 30 Tax Amount: Year 1, Axon Flex due Net 30 Discount: Year 1, Axon Flex due Net 30 Net Amount Due Including Taxes: USD 630.48 USD 1,000.00 USD 8,085.48 Year 2--Due in 2017 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 0.00 USD 3,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 Page 2 of 5 ,•e QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 0.00 USD 42,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89201 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 2 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD 180.00 USD 0.00 USD 180.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 Year 2--Due in 2017 Tax Amount: Year 2--Due in 2017 Net Amount Due Including Taxes: USD 4,368.60 USD 60,144.60 Year 3--Due in 2018 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 600 85035 EV1DENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 0.00 USD 3,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 0.00 USD 42,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89301 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 3 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD 180.00 USD 0.00 USD 180.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 Year 3--Duc in 2018 Tax Amount: Year 3--Due in 2018 Net Amount Due Including Taxes: USD 4,368.60 USD 60,144.60 Year 4--Due in 2019 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 0.00 USD 3,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 0.00 USD 42,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 Page 3 of 5 QTY ITEM # DESCRI PTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 2 89401 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 4 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD 180.00 USD 0.00 USD 180.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 I,SD 0.00 USD 2,160.00 Year 4--Due in 2019 Tax Amount: Year 4-Due in 2019 Net Amount Due Including Taxes: USD 4,368.60 USD 60,144.60 Year 5--Due in 2020 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 0.00 USD 3,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 0.00 USD 42,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89501 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 5 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD 180.00 USD 0.00 USD 180.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 Year 5--Due in 2020 Tax Amount: Year 5--Due in 2020 Net Amount Due Including Taxes: USD 4,368.60 USD 60,144.60 Subtotal Estimated Shipping & Handling Cost Estimated Tax Grand Total Page 4 of 5 USD 325,640.00 USD 549.12 USD 24,701.46 USD 350,890.58 Complimentary Evidence.com Tier Upgrade Through September 2016 This quote contains a purchase of either the Basic or Standard Evidence.com license. You will temporarily receive the features available with the Professional license for the Basic and Standard licenses purchased until September 2016. This is a free upgrade to your account so you can enjoy all the benefits of our most feature rich license tier. In September 2016 you will be prompted to select which users you would like to assign to each tier. This will have no impact on uploaded data. Axon Pre -order Thank you for your interest in Axon! This pre -order is a commitment to purchase Axon Body 2 and/or Axon Fleet. Axon Body 2 is available for delivery between 8-10 weeks after purchase date. Axon Fleet is available for delivery between August 1, 2016 and August 14, 2016. You will be notified if there are any delays. TASER reserves the right to make product changes without notice. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers 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 TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers or, in the alternative, TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers for Sales with Financing if your purchase involves financing with TASER. If your purchase includes the TASER Assurance Plan (TAP), then you are also agreeing to TASER's current Sales Terms and Conditions for the AXON FlexTM and AXON BodyTM Cameras TASER Assurance Plan (U.S. Only) and/or Sales Terms and Conditions for the X2/X26P and TASER CAM HD Recorder TASER Assurance Plan (U.S. Only), as applicable to your product purchase. All of the sales terms and conditions, as well as, the TAP terms and conditions are posted at http://www.taser.com/sales-ternis-and-conditions. If your purchase includes AXON hardware and/or EVIDENCE.com services you are also agreeing to the terms in the EVIDENCE.com Master Service Agreement posted at https://www.tasencom/serviceagreement14. If your purchase includes Professional Services, you are also agreeing to the terms in the Professional Service Agreement posted at https://www.taser.com/professional-services-agreement. If your purchase includes Integration Services, you are also agreeing to the terms in the SOW posted at https://www.tasercom/integrationstatementofwork14. 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 TASER 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): Date: Title: Quote: Q-53527-3 Please sign and email to Dan Hilderman at dhilderman@taser.com or fax to THANK YOU FOR YOUR BUSINESS! `Protect Life' and © are trademarks of TASER International, Inc., and TASER® is a registered trademark of TASER International, Inc., registered in the U.S. © 2013 TASER International, Inc. All rights reserved. Page 5 of 5 ® CERTIFICATE OF LIABILITY INSURANCE DATACC 06M 6/D20 6YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of he policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services West, Inc. Phoenix AZ Office 2555 East Camelback Rd. Suite 700 Phoenix AZ 85016 USA CONTACT NAME: PHONE (866) 283-7122 FAX 800-363-0105 (NC. No. Est): (A/C. No.): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC H INSURED Taser International , Inc. 17800 N. 85th Street Scottsdale AZ 85255 USA INSURER A: Lexington Insurance Company 19437 INSURER B: INSURERC: INSURER D: INSURER E: INSURER F: 570062569640 REVISION NUMBER: Holder Identifier : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVO POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP JMMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY I I OCCUR for ECD Taser Only 028182385 SIR applies per policy terns 021391643 GL - Occurrence SIR applies per policy terms 12/15/2015 & conditions 12/15/2015 & condi :ions 12/15/2016 EACH OCCURRENCE $10,000,000 A X CLAIMS -MADE 12/15/2016 DAMAGE TO RENTED PREMISES (Ea occurrence) Excluded X Claims Made Policy MED EXP (Any one person) Excl uded X Occurrence Policy for Non-ECD PERSONAL & ADV INJURY Included GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY PRO-LOC JECT OTHER: GENERAL AGGREGATE $10,000,000 PRODUCTS - COMP/OP AGG $10,000,000 AUTOMOBILE — LIABILITY ANY AUTO OWNED _ S SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR / PARTNER I EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability occurrence policy and the Claims Made policy share the limit. RE: BWC Contract. city of National City and its officers, agents, employees and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Boulevard National City CA 91950 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE e. e,. /vtd6 ✓ :A 570062569640 Certificate No -1 imd ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 AM 12/15/2015 Forms a part of policy no.: 028182385 Issued to: TASER INTERNATIONAL, INC. By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT A. Section II - Who Is An Insured is amended to include any person or organization you are re- quired to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." B. The insurance provided to the above described additional insured under this endorsement is limited as follows: 1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (Section I - Coverages) only. 2. The person or organization is only an ad- ditional insured with respect to liability arising out of "your work" or "your pro- duct' for that additional insured. 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance pro- vided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. 4. The insurance provided to such an additional insured does not apply to "bodily injury" or "property damage" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any pro- fessional services including: i The preparing, approving or failing to prepare or approve maps, shop draw- ings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and ii Supervisory, inspection, architectural or engineering activities. 5. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product' included in the "products -completed operatons hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the written contract or written agreement and in no event beyond the expiration date of the policy. Includes copyrighted information of the Insurance Services Offices, Inc. LX9466 (10/03) with rights reserved. Page 1 of 2 6. Any coverage provided by this endorse- ment to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary or non-contributory basis. C. Subparagraph (1)(a) of the Pollution exclusion paragraph 2.f., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" or "your product" performed on premises which are owned or rented by the additional insured at the time "your work" or "your product" is per- formed. LX9466 (10/03) D. In accordance wlh the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply vuth all of the policy's terms and conditions. -140)4-6027-14- Authorized Representative Includes copyrighted information of the Insurance Services Offices, Inc. with rights reserved. Page 2 of 2 ENDORSEMENT This endorsement, effective 12:01 AM 12/15/2015 Forms a part of policy no.: 021391643 Issued to: TASER INTERNATIONAL, INC. By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT A. Section II - Who Is An Insured is amended to include any person or organization you are re- quired to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." B. The insurance provided to the above described additional insured under this endorsement is limited as follows: 1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (Section I - Coverages) only. 2. The person or organization is only an ad- ditional insured with respect to liability arising out of "your work" or "your pro- duct' for that additional insured. 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance pro- vided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. LX9466 (10/03) 4. The insurance provided to such an additional insured does not apply to "bodily injury" or "property damage" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any pro- fessional services including: i The preparing, approving or failing to prepare or approve maps, shop draw- ings, opinions, reports, surveys, field orders, change orders, or dravungs and specifications; and ii Supervisory, inspection, architectural or engineering activities. 5. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product' included in the "products -completed operatons hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the written contract or written agreement and in no event beyond the expiration date of the policy. Includes copyrighted information of the Insurance Services Offices, Inc. with rights reserved. Page 1 of 2 6. Any coverage provided by this endorse- ment to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary or non-contributory basis. C. Subparagraph (1)(a) of the Pollution exclusion paragraph 2.f., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" or "your product' performed on premises which are owied or rented by the additional insured at the time "your work" or "your product" is per- formed. D. In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply Will all of the policy's berms and conditions. Authorized Representative LX9466 (10/03) Includes copyrighted information of the Insurance Services Offices, Inc. with rights reserved. Page 2 of 2 ACC ®E/ CERTIFICATE OF LIABILITY INSURANCE DAT 6/DD06YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services West, Inc. Phoeni x AZ Office 2555 East Camelback Rd. Suite 700 phoenix AZ 85016 USA CONTACT NAME: PHONE (866) 283-7122 FAX (800) 363-0105 (NC. No. Ext): (A/C. No.): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Taser International, Inc. 17800 N. 85th Street Scottsdale AZ 85255 USA INSURER A: Colony Insurance Company 39993 INSURER B: INSURERC: INSURER D: INSURER E: INSURER F: ATE NUMBER: 570062569636 REVISION NUMBER: Holder Identifier : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMMIDDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY OCCUR EACH OCCURRENCE CLAIMS -MADE DAMAGE SES TORENTED ((Eaaoccurrence) PREMISES MED EXP (Any one person) PERSONAL 8 ADV INJURY GEN'L — AGGREGATE LIMIT APPLIES PER: POLICY PRO I JECT I LOC OTHER: GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY ANY AUTO OWNED — SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA UAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR / PARTNER I EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A PER H STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE -POLICY LIMIT A E&O-Technology E0407121 Cyber & professional E&O 09/18/2015 09/18/2016 Per Claim Aggregate Deductible S5,000,000 55,000,0001 $50,000'' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 01, Additional Remarks Schedule, may be attached if more space is required) RE: BWC Contract. City of National City and its officers, agents employees and volunteers are included as Additional Insured in accordance with the policy provisions of the Cyber Liability policy. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Boulevard National City CA 91950 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 570062569636 Certificate No AUTHORIZED REPRESENTATIVE 9a ✓GC7 € Vsd stRkrO rk- ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000007117 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Insurance Services west, Inc. POLICY NUMBER See certificate Number: 570062569636 CARRIER See Certificate Number: 570062569636 NAIC CODE NAMED INSURED Taser International, Inc. EFFECTIVE DATE. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information. refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR R'YU POLICY NUMBER (MM/DD/YYYY) POLICY EFFECTIVE DATE POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS OTHER ERetro Date 9/18/14 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PURSUANT TO CONTRACT VICARIOUS LIABILITY In consideration of the payment of the premium for this Policy, it is hereby understood and agreed that Definition A in Section II DEFINITIONS is amended to include the following: Additional Insured also means any client or customer of the Policyholder, but only if a written contract entered into by the Policyholder specifically requires that such client or customer be added as an Additional Insured for professional liability or errors and omissions insurance, and only for Claims (i) first made on or after the effective date of this endorsement and (ii) for vicarious or implied liability of such client or customer which results from Wrongful Acts actually or allegedly committed solely by the Policyholder. This Policy will not provide coverage for any Wrongful Act actually or allegedly committed by such client or customer referenced above which is added to this Policy as an Additional Insured. All other terms and conditions remain unchanged. This endorsement changes the Policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 09/18/2015 Policy No. E0407121 Endorsement No. 5 Insured Taser International, Inc Premium N/A Insurance Company Colony Insurance Company Manuscript IPRP 1-8-15 Authorized Signature ACO ® CERTIFICATE OF LIABILITY INSURANCE DAT (M 6/D20 6YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AOn Risk Insurance Services West, Inc. Phoenix AZ Office 2555 East Camelback Rd. Suite 700 Phoenix AZ 85016 USA CONTACT NAME: (NC No. Ext): (866) 283-7122 (AIC. No.): (800) 363-0105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Taser International, Inc. 17800 N. 85th Street Scottsdale AZ 85255 USA INSURER A: Hartford Casualty Insurance CO 29424 INSURERB: Twin City Fire Insurance Company 29459 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570062569437 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested 1NSR LTR TYPE OF INSURANCE COMMERCIAL GENERALLIABILITY CLAIMS-MADE [ I OCCUR GENT AGGREGATE LIMIT APPLIES PER- PRO - POLICY LOC JECT OTHER: ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMMIDDIYYYYI POLICY LXP (MMIDD/YYYY) LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG A AUTOMOBILE LIABILITY X X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 59 UUN UL7844 09/11/2015 09/11/2016 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY ( Per person) $1,000,000 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) B UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE DED (RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N NIA 59WEPE1196 09/11/2015 09/11/2016 EACH OCCURRENCE AGGREGATE X STATUTE E.L. EACH ACCIDENT ERH $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 Holder Identifier : 570062569437 Certificate No DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: BWC Contract. A Waiver of Subrogation is granted in favor of City of National City in accordance with the policy provisions of the workers' Compensation policy. CERTIFICATE HOLDER City of National City 1243 National City Boulevard National City CA 91950 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE se. JG C✓frdflia S Ys-fit4. We,X. ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 59 WE PE1196 Endorsement Number: Effective Date: 0 9 / 11 / 15 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: TASER INTERNATIONAL, INC. 17800 N 85TH ST SCOTTSDALE, AZ 85255 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHT FROM US Countersigned by Form WC 00 03 13 Printed in U.S.A. Process Date: 09/27/15 Authorized Representative Policy Expiration Date: 0 9 / 11 / 16 RESOLUTION NO. 2016 — 99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY COUNCIL TO WAIVE THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.220, SUBSECTION (B), SOLE SOURCE PROCUREMENT, FOR THE POLICE DEPARTMENT'S PURCHASE OF SEVENTY (70) BODY WORN CAMERAS, CLOUD BASED STORAGE OF DIGITAL EVIDENCE, AND INTERNET DATA MANAGEMENT THROUGH EVIDENCE.COM, INCLUDING SUPPORT SERVICES AND ONSITE TRAINING TO ASSIST WITH IMPLEMENTATION FROM TASER INTERNATIONAL, INC., AND AUTHORIZING THE CITY TO AWARD THE PURCHASE, AND AUTHORIZING THE MAYOR TO EXECUTE A FIVE-YEAR CONTRACT IN THE AMOUNT OF $350,890.58 WITH TASER INTERNATIONAL, INC. WHEREAS, the use of Body Worn Cameras (BWCs) has been a growing national trend for law enforcement agencies due to recent high profile events, and have been shown to protect people who make legitimate complaints, but also protect law enforcement agencies when people file false allegations of misconduct or excessive use of force against police officers wearing BWCs; and WHEREAS, from July 2015 through January 2016, the Police Department field tested and evaluated BWCs from four manufacturers, and interviewed representatives from other Sar'Diego County law enforcement agencies who currently utilize BWCs, as well as representatives from the San Diego County District Attorney's Office; and WHEREAS, Taser International Inc. BWCs are rugged, offer high quality recordings, and ease of evidence handling with their secure cloud -based digital evidence management system named Evidence.com., and is the only vendor who offers all of the services necessary to meet the Police Department's needs; and WHEREAS, several law enforcement agencies in San Diego County currently utilize BWCs from Taser International, Inc., including the San Diego Police Department, Chula Vista Police Department, Coronado Police Department, Escondido Police Department, and Carlsbad Police Department; and WHEREAS, the San Diego District Attorney's Office has an Evidence.com license and already works with agencies using the Evidence.com data management system to receive digital evidence, including BWC videos, still digital photographs, and audio recordings, using the Evidence.com portal which would allow for seamless integration for the National City Police Department to share evidence for cases via an email link to the San Diego District Attorney's Office; and WHEREAS, the Police Department desires to enter into an Agreement with Taser International, Inc., beginning on July 1, 2016 to include the purchase of seventy (70) Body Worn Cameras, requisite docking stations, data storage, and data management services from Evidence.com for a term of five years; and WHEREAS, the City Council may waive the formal bid process pursuant to National City Municipal Section 2.60.220(B) that provides for sole source procurements when there is only one source from which a particular commodity is available and there is no adequate substitute, and when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet any urgent procurement need; and Resolution No. 2016 — 99 Page Two WHEREAS, based on the Police Department's research, the Taser International Inc. BWCs and cloud storage through Evidence.com meet the Police Department's needs, are unique from other BWCs and data management systems in that Taser International, Inc. is the only company that offers several unique features together in one package, and there is no adequate substitute for the BWCs and related services offered through Taser International, Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Council to waive the formal bid process pursuant to National City Municipal Code Section 2.60.220, subsection (B), sole source procurement, and authorizes the Mayor to execute a five-year Agreement with Taser International, Inc., in the amount of $350,890.58, for the Police Department's purchase of seventy (70) body worn cameras, cloud based storage of digital evidence, and internet data management through Evidence.com, including support services and onsite training to assist with implementation, from Taser International, Inc. PASSED and ADOPTED this 21 st day of June, 201 orrison, . nor ATTEST: ity Michael R. Dalla,erk /6 ROVED £ S TO FO udia Gacit a Silv City Atto ney Passed and adopted by the Council of the City of National City, California, on June 21, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ,e Q City Clerk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-99 of the City of National City, California, passed and adopted by the Council of said City on June 21, 2016. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT CaONG-30 MEETING DATE: June 21, 2016 AGENDA ITEM NO. 27 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal Code section 2.60.220, subsection (B), sole source procurement, for the Police Department's purchase of seventy (70) body worn cameras, cloud based storage of digital evidence, and internet data management through Evidence.com, including support services and onsite training to assist with implementation from Taser International, Inc. and authorize the City to award the purchase and authorize the Mayor to execute a five-year contract in the amount of $350,890.58 with Taser International, Inc. PREPARED BY: Robert Rounds, Police Lieutenant PHONE: (619) 336-4433 EXPLANATION: See Police Staff Report Attachment # A DEPARTMENT: Police APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS FY16 - 001-411-000-518 (Public Safety Equipment) $49,878.46 FY17 - 001-411-000-299 (Contract Services) $59,884.60. $50,000 is budgeted for FY17. If additional appropriations are needed for FY17, staff will request those needed appropriations as part of the Mid -Year budget process. Appropriations for future years will be requested as part of the annual budget process. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution BOARD / COMMISSION RECOMMENDATION: N/A. ATTACHMENTS: Attachment "A": Staff Report and attached Exhibit 1, sole source letter. Attachment "B": Agreement with Taser International, Inc. and attached Exhibits: Scope of Services, Taser Master Services and Purchasing Agreement, Taser Quotation #Q-53527-3 Attachment "C": Draft of Police Department Body Worn Camera Department Operating Procedure DATE: TO: June 9, 2016 City Council of the City of National City FROM: Robert Rounds, Police Lieutenant SUBJECT: Staff Report: Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal Code (NCMC) section 2.60.220, subsection (B), for the police department's purchase of seventy (70) body worn cameras, cloud based storage of digital evidence, and Internet data management through Evidence.com, including support services and onsite training to assist with implementation, from Taser International, Inc. SUMMARY: The police department requests authorization to enter into a five year contract with Taser International, Inc. beginning on July 1, 2016 to include the purchase of seventy (70) Body Worn Cameras (BWCs), requisite docking stations, data storage, and data management services from Evidence.com. Based on the terms of the contract, Taser International, Inc. will provide the Police Department with 11.06 Terabytes of pooled storage. It is recommended the City Council approve the Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal Code (NCMC) section 2.60.220, subsection (B) (sole source) for the purchase of seventy (70) BWCs, video storage, and related support and implementation services and award the contract to Taser International, Inc. as part of a comprehensive BWC program. BACKGROUND: The use of BWCs has been a growing national trend for law enforcement agencies due to recent high profile events. BWCs have been shown to protect people who make legitimate complaints, but also protect law enforcement agencies when people file false allegations of misconduct or excessive use of force against police officers wearing BWCs. From July 2015 through January 2016, the Police Department field tested and evaluated BWCs from the following manufacturers: WolfCom, VieVu, Watchguard, and Taser International, Inc. In addition, the Police Department interviewed representatives from other San Diego County law enforcement agencies who currently utilize BWCs, as well as representatives from the San Diego County District Attorney's Office. The manufacturer Taser International Inc. stood out as the industry leader in BWC technology specifically designed for police use and thus best suited to meet the National City Police Department's needs. The Taser International, Inc. BWC is National City Police Department 1200 National City Boulevard, National City, CA 91950-4302 619/336-4400 Fax 619/336-4525 www.nationalcityca.gov i Page 2 of 6 rugged, offers high quality recordings, and ease of evidence handling with their secure cloud - based digital evidence management system named Evidence.com. The Police Department staff recommends the use of Taser International, Inc. BWCs based on the fact that Taser International, Inc. is the only vendor who offers all of the following services to meet the Police Department's needs as part of its proposed five-year contract: • Taser International, Inc. offers two models of BWCs — a chest mounted option and a head mounded option. • Taser International, Inc. offers no -cost equipment upgrades of all cameras and docking stations every two and a half years based upon the terms of the proposed contract. • Taser International, Inc. offers a full warranty on all cameras and docking stations based upon the terms of the proposed contract. • Taser International's BWCs offer instant video review by officers in the field via "bluetooth" connectivity over a smart phone device. This is useful for report writing and complaint resolution. Officers cannot edit, delete, or tamper with videos in any manner. • Taser International, Inc. offers a proprietary tamper -proof design by which videos can only be uploaded to cloud -based servers via a docking station or computer. There are no data cards or drives to be removed, damaged, or lost. There are no cables to plug into a computer. • Taser International, Inc. BWCs are designed to be used in conjunction with multi -port docking stations which offer ease of use for the automatic uploading of videos and recharging the cameras. Other manufacturers require the use of individual cables and computers for saving data and charging devices, which is inefficient for the officers. • Taser International, Inc. offers internet-based "cloud" storage of videos via their Evidence.com program. • Evidence.com storage and digital evidence management system eliminates the need for expensive and complex digital evidence storage servers which must be maintained by the City's MIS Department. • Evidence.com includes several layers of security which meet federal government "cloud" security standards and provides audit information and chain of custody details regarding the video evidence. • Video evidence can be managed via the Evidence.com database and videos can be saved or deleted according to retention schedules based upon establish city policies and the law. • The amount of data storage included under Taser International, Inc.'s "Ultimate" plan is 40 Gigabytes per license. Each camera holds a license. The total data for all licenses are "pooled" together for a total of 2.66 Terabytes. In addition, the contract includes an additional purchase 8.4 Terabytes of "pooled" storage; for a grand total of 11.06 Terabytes of data storage. Based on the data usage of other agencies deploying a similar number of BWCs, this amount of data is believed to be more than adequate. • The police department is not penalized if the data storage exceeds 11.06 Terabytes. Instead, Taser International, Inc. will bill the City for any extra storage at a rate of .75 cents per Gigabyte. Any overage fees are not auto billed. Instead, Taser International Inc. would work with the police department to help lower data usage through best practices conversations. Page 3 of 6 Should the police department require a higher data plan in subsequent years, the additional data cost would be added to the contract with the same annual payment schedule. Taser International, Inc.'s Evidence.com data management system allows the police department to monitor and track the amount of data storage being used in real time. Several law enforcement agencies in San Diego County either currently use Taser International, Inc. BWCs or will be using them in the near future. Some of these agencies include, but may not be limited to: the San Diego Police Department, Chula Vista Police Department, Coronado Police Department, Escondido Police Department, and the Carlsbad Police Department. Two of National City's ngighboring law enforcement agencies to the north and south (San Diego Police Department and !Chula Vista Police Department) both use the Taser International, Inc. BWCs and the Evidence.com data management system. Regional BWC standardization with the San Diego Police Department and Chula Vista Police Department will improve efficiency when sharing evidence when multi -agency events occur. It also adds to existing countywide collaborative efforts such as shared domestic violence, pursuit, and officer involved shooting response protocols. The San Diego Police Department and Chula Vista Police Department are not set up to electronically share, send, or receive BWC video evidence using any other manufacturer. The San Diego County District Attorney's office has an Evidence.com license and already works with agencies using the Evidence.com data management system to receive digital evidence (including BWC videos, still digital photographs, and audio recordings) using the Evidence.com portal. This provides seamless integration for the National City Police Department to share evidence for cases via an email link to the San Diego County District Attorney's office. This feature eliminates the need for the National City Police Department Property and Evidence Unit to burn compact discs (CDs) and physically deliver them to the San Diego County District Attorney's office in Chula Vista. The San Diego County District Attorney's office is not set up to electronically share, send, or receive BWC video or other digital evidence using any other manufacturer. As part of the BWC implementation project, the Police Department is finalizing a department operating procedure that will, among other things, direct officers when to turn on the cameras, when not to use cameras, how the collected data is to be stored, and who can access the footage and when. Over the past six months, the Police Department conducted presentations at the three Neighborhood Councils, the National City Community Police Relations Committee, and the City Council of the City of National City to share plans for the implementation of the BWC program and to solicit feedback. Feedback was overwhelmingly positive. Surveys completed by the Police Executive Research Form (PERF) with law enforcement executives around the country have shown that agencies who engaged their residents in a positive manner regarding the deployment of body -worn cameras were largely supported by the community. If the contract with Taser International, Inc. is approved by City Council, the Police Department intends to implement the use of BWCs by uniformed officers as early as October 2016. �3 Page 4 of 6 PROCUREMENT PROCESS AND SOLE SOURCE BASIS The Police Department is requesting to waive the competitive formal bid requirement pursuant to NCMC section 2.60.220(B). Sole source procurements may be used "when there is only one source from which a particular commodity is available and there is no adequate substitute." In addition, it may be used when "it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet any urgent procurement need." Based on the Police Department's research, the Taser International body worn cameras and cloud storage through Evidence.com meet the Police Department's needs, there is no adequate substitute, and are unique from other body cameras and data management systems in that Taser International, Inc. is the only company that offers all of the following unique features together in one package: • 143-degree lens. • 12+ hours of battery operation per shift (even in recording mode). • Video playback on mobile devices in the field via Bluetooth pairing. • Retina Low Light capability sensitive to less than 1 lux. • Audio tones and haptic (vibration) notification to alert user of usage. • Audio mute during recording option. • Wi-Fi capability. • High, medium, and low quality recording available (customizable by • Up to two -minute buffering period to record footage before pressing the ability to have sound attached. • Multiple mounting options using holster attachment: shirt, vest, belt, available. • LED lights to show current battery level and operating mode • Camera replacement to the most updated camera version every 2.5 years with a full warranty for the length of the contract. • Data management in the field using the Evidence.com mobile application for smartphone devices. • Automatic charging and uploading of data to the Evidence.com data management system using a docking station through an internet connection without the need for a stand-alone computer. • Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed. • SaaS model reduces security and administration by local IT staff: no local installation required. • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement. Controlled access to evidence based on pre -defined roles and permissions and pre- defined individuals. Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi -factor authentication support. • the agency). record button with and dash mounts 11 Page 5 of 6 E Automated category -based evidence retention policies assists with efficient database management. • Ability to recover deleted evidence within seven days of deletion. • Requires no proprietary file formats. • Secure digital evidence sharing (including body worn camera footage, videos, photos, and/or audio recordings using the Evidence.com data management system with other agencies such as the San Diego District Attorney's Office, San Diego Police Department and Chula Vista Police Department. • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff. Taser International, Inc. offers an available upgrade to link with the police department's Computer Aided Dispatch system in order to automatically tag metadata information for the body worn camera videos. The cost of the upgrade is $15 per month per license, totaling $12,600.00 per year. The Police Department is not initially requesting to purchase this upgrade. The Police Department intends to perform a cost -benefit analysis for this service at a later date to determine if the service is worthwhile. See Exhibit 1, "Sole Source Letter for TASER International, Inc.'s Axon brand products and Evidence.com Data Management Solutions," for a comprehensive list of its unique goods and services. FISCAL IMPACT: The total five-year contract is $350,890.58; including all equipment, extended warranties, taxes on equipment, taxes on extended warranties, data storage and management, and training and consultation services costs. The initial equipment purchase will take place before the end of FY 2016 for a total cost of $49,878.46, which includes the one-time purchase of the BWCs, equipment, taxes, and shipping. The first year of the BWC program will take place in FY 2017. The cost of data management services, storage, extended warranties, and taxes on extended warranties for FY 2017 will be $59,884.60. If additional appropriations are needed for FY17, staff will request those needed appropriations as part of the mid -year budget process. Appropriations for future years will be requested as part of the annual budget process. Taser International, Inc. offered the Police Department a $200.00 discount per license for the Ultimate Evidence.com data storage and management plan for the first year (FY17). The discount totals $14,000.00. Page 6 of 6 The cost breakdown for the five-year contract is as follows: FY 16 Equipment FY 17 Year 1 FY18 Year 2 FY 19 Year 3 FY20 Year 4 FY21 Year 5 5 Year total Equipment $45,760.00 $45,760.00 Service, storage, and extended warranty costs $56,776.00 $55,776.00 $55,776.00 $55,776.00 $55,776.00 $283,880.00 Taxes (on equipment and extended warranties). $4118.46 $3108.60 $4,368.60 $4,368.60 $4,368.60 $4,368.60 $24,701.46 Estimated shipping i $549.12 Total Cost $49,878.46 $59,884.60 $60,144.60 $60,144.60 $60,144.60 $60,144.60 $350,890.58 ENVIRONMENTAL IMPACT: This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) found under the California Code of Regulations, Title 14, Division 6, Chapter 3, Article 20, Section 15378 and is has been determined that the activity is not a "Project" as defined under the Code because it will not result in a physical change in the environment. In addition, the activity does not constitute a "Project" within the meaning of the California Public Resources Code Section 21065 in that it has no potential cause to either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activing is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION: Not applicable. EXHIBITS: Exhibit "1": "Sole Source Letter for TASER International, Inc.'s Axon brand products and Evidence.com Data Management Solutions." -rickka PI 17800 N. 85th St., Scottsdale, Arizona 85255.480-991-0797 • Fax 480-991-0791 ' www.iaser.com January 26, 2016 To: United States federal, state, local and municipal law enforcement agencies Re: Sole Source Letter for TASER International, Inc.'s Axon brand products and Evidence.com Data Management Solutions' A sole source justification exists because the following goods and services required to satisfy the agency's needs are only manufactured and available for purchase from TASER International. TASER Digital Evidence Solution Description Axon Body 2 Video Camera Video playback on mobile devices in the field via Bluetooth pairing Retina Low Light capability sensitive to less than 1 lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option • Wi-Fi capability • High, medium, and low quality recording available (customizable by the agency) • Up to two -minute buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143-degree lens • Includes Axon Signal technology Axon Fleet Camera • In -car camera with the technological advantages of the Axon Body 2 camera • Flexible mount that enables pointing the camera in multiple directions • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit Axon Signal Unit (ASU) • Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal Performance Power Magazine (SPPM) Battery pack for the X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Interview Solution • High -definition cameras and microphones for interview rooms • Covert or overt camera installations • Touch -screen user interface ' TASER is also the sole developer and offeror of the Evidence.com data management services. Evidence.com is both a division of TASER and a data management product solution offered by TASER. Evidence.com is not a separate corporate entity. A, AXON • Motion -based activation • Up to seven -minute pre- and post -event buffering period • Upload to Evidence.com services Axon Flex Camera (DVR) • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones to alert user of usage • High, medium, and low quality recording available (customizable by the agency) • 30-second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available Axon Flex Controller • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Tactical beveled button design for use in pocket • Available with Axon Signal technology Axon Body Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones to alert user of usage • High, medium, and low quality recording available (customizable by the agency) 30-second buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Tactical beveled button design for use in pocket • 130-degree lens Evldence.com Dock • Automated docking station uploads to Evidence.com services through Internet connection • No computer necessary for secure upload to Evidence.com • Charges and uploads simultaneously Evidence.com Data Management System • Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access to evidence based on pre -defined roles and permissions and pre -defined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi -factor authentication support • Automated category -based evidence retention policies assists with efficient database management • Ability to recover deleted evidence within seven days of deletion • Stores and supports all major digital file types: .mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats • Ability to upload files directly from the computer to Evidence.com via an Internet browser • Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256-bit TASER International, Inc. Axon Sole Source Letter Revised January 26, 2016 Page 2 AES encryption for data in storage • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault- and disaster -tolerant infrastructure in at least four redundant data centers in both the East and West regions of the United States • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff Protection: With no on -site application, critical evidence stored in Evidence.com is protected from local malware that may penetrate agency infrastructure Stability: TASER International is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program • Dedicated information security department that protects Evidence.com and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search seven fiefs in addition to five category -based fields, create cases for multiple evidence files Evidence.com for Prosecutors • All the benefits of the standard Evidence.com services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Evidence.com services • Unlimited storage for data collected by Axon cameras and Axon Capture Axon Capture Application • Free app for IOS and Android mobile devices • Allows users to capture videos, audio recordings, and photos and upload these files to their Evidence.com account from the field • Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data Axon Convert Application (Formerly Amped DVRConv) • Video file format converter. • Allows users to convert unplayable video file formats (e.g., proprietary CCTV) into playable file formats that can later be exported to Evidence.com • Maintains original video file, produces an output file, and generates a report documenting the conversion process. Axon Detect (Formerly Amped Authenticate) • Photo analysis software for forensic image authentication and tamper identification • Several tools are available to determine whether an image can be trusted and thus accepted as evidence and verify if a photo has been taken from a specific device Axon Five (Formerly Amped FIVE) • Image and video enhancement software. • Users can analyze crime scene photos, enhance surveillance and bodyworn video with a workflow compatible with forensic needs and constraints • Meets evidence code in all 50 states as well as US Federal and Canada Axon View Application • Free app for IOS and Android mobile devices • Allows user to view the camera feed from a paired Axon Body or Axon Flex camera in real-time • Allows for playback of videos stored on a paired Axon Body or Axon Flex system • Allows adding meta -data to videos, such as: Category, Title, Case ID, and GPS data TASER International. Inc. Axon Sole Source Letter Revised January 26. 2016 Page 3 TASER Professional Services • Dedicated implementation team • Project management and deployment best practices aid • Training and train -the -trainer sessions • Integration services with other systems TASER Customer Support • Online and email -based support available 24/7 • Human phone -based support available Monday —Friday 7:00 AM-5:00 PM MST; support is located in Scottsdale, AZ, USA • Library of webinars available 24/7 • Remote -location troubleshooting AXON TASER Axon Brand Model Numbers 1. Axon Body 2 Camera Model: 74001 2. Axon Fleet Camera Model: 74001 3. Axon Signal Unit Model: 70112 4. Axon Body Camera Model: 73002 (Includes 73078, 73077, 73004) 5. Axon Body Camera Mounts: • Standard Alligator Clip Holster Model: 73075 • Mini Alligator Clip Holster Model: 73076 • Belt Clips Model: 73077 • Bolted Z-Bracket Holster Model: 73078 • VELCRO Z-Bracket Holster Model: 73079 • Pocket Mount Holster Model: 73089 6. Axon Body camera full solution kit Model: 73066 (includes several Axon mounts and an iPod touch mobile digital device) 7. Axon Flex Kit Model: 73030 (Includes 73000, 73001, 73005, and 73004) 8. Axon Flex Controllers • Axon Flex Controller Model: 73001 • Axon Flex Controller with Axon Signal Technology Model: 70115 9. Axon Flex USB Sync Cable/Wall Charger Model: 73004 10. Axon Flex Controller Holsters: • Standard Uniform Clip Model: 7300 • Mini Alligator Clip Model: 73035 • Belt Clips Model: 73036 11. Axon Flex Camera Mounts: • Clip for Oakley Flak Jacket Glasses Model: 73008 • Collar/CapNersatile Mount Model: 73009 • Epaulette Mount Model: 73011 TASER International. Inc. Axon Sole Source Lefler Revised January 26. 2016 Page 4 10 • Helmet Mount Model: 73013 • Low -rider Headband Medium Model: 73010 • Low -rider Headband Large Model: 73058 • Ballistics Vest Mount Model: 73059 • Ratchet Collar Mount Model: 73088 • Shoei Ratchet Helmet Mount Model: 73090 • HJC Ratchet Helmet Mount Model: 73091 12. Axon Flex cables: • Straight To Right Angle 18" (45.7 cm) Model: 73022 • Straight To Right Angle 36" (91.4 cm) Model: 73005 • Straight To Right Angle 48" (122 cm) Model: 73023 • Straight Angle to Right Angie 36" (91.4 cm) Coiled Model: 73067 • Straight Angle to Right Angle 48" (122 cni) Coiled Model: 73060 13. Evidence.com Dock Models: • Axon Dock — Individual Bay and Core for Axon Flex and Axon Body Model: 70023 • Axon Dock — 6-Bay and Core for Axon Flex and Axon Body Model: 70026 • Core (compatible with all Individual Bays and 6-Bays) Model: 70027 • Individual Bay for Axon Flex and Axon Body Model: 70028 • Wall Mount Bracket Assembly for Axon Flex and Axon Body Model: 70033 • Axon Dock 2 — Individual Bay and Core for Axon Body 2 Model 74009 • Axon Dock 2 — 6-Bay and Core for Axon Body 2 Model 74008 • Individual Bay for Axon Body 2 Model: 74011 14. Axon Signal Performance Power Magazine (SPPM) Model: 70116 TASER Product Packages 1. Officer Safety Plan: includes a CEW, Axon camera and Dock upgrade, and Evidence.com license and storage. See your Sales Representative for further details and Model numbers. 2. TASER Assurance Plan (TAP): Hardware extended coverage, Spare Products (for Axon cameras), and Upgrade Models, for the Axon Flex camera and controller, Axon Body camera, and Evidence.com Dock. (The TAP is available only through TASER International, Inc.) SOLE AUTHORIZED DISTRIBUTOR FOR AXON BRAND_, PRODUCTS . SOLE AUTHORIZED REPAIR FACILITY FOR AXON BRAND. PRODUCTS TASER International, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 Phone: 480-905-2000 or 800-978-2737 Fax: 480-991-0791 TASER International, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 Phone: 480-905-2000 or 800-978-2737 Fax: 480-991-0791 Please contact your local TASER sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Josh Isner Executive Vice President, North American Sales TASER International, Inc. Android is a trademark of Google, Inc., Bluetooth is a trademark of the Bluetooth SIG, Flak Jacket is a trademark of Oakley, Inc, iPod Touch is TASER International. Inc. Axon Sole Source Letter Revised January 26. 2016 Page 5 1� a trademark of Apple Inc, IOS is a trademark of Cisco, Shoei is a trademark of Shoei Co., Ltd., VELCRO is a trademark of Velcro Industries, B.V., and Wi-Fi is a trademark of the Wi-Fi Alliance. A, 4 1AXON, Axon, Axon Body, Axon Body 2, Axon Capture, Axon Fleet, Axon Flex, Axon Interview, Axon Signal, Axon View, Evidence.com, X2, X26P, TASER, and ® are trademarks of TASER International, Inc., some of which are registered in the US and other countries. For more information, visit www.taser.com/tegal. All rights reserved. © 2016 TASER International, Inc. TASER International. Inc. Axon Sole Source Letter Revised January 26, 2016 Page 6 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC. THIS AGREEMENT is entered into on this 21 st day of June, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and TASER INTERNATIONAL, INC., a Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide body worn cameras, cloud -based storage of digital evidence, internet data management through Evidence.com, and support services to assist with implementation and training as specified in Attachment "A". WHEREAS, the CITY has determined that the CONSULTANT is the industry leader in manufacturing and supporting body worn cameras for law enforcement agencies, will securely store all digital evidence such as pictures, video recordings and audio recordings by National City Police Department personnel on their servers while allowing National City Police Department personnel to manage the video data using their Evidence.com website; and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide body worn cameras, cloud -based storage of digital evidence, internet data management through Evidence.com, and support services to assist with implementation, training, as specified in Attachment "A", and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2016. The duration of this Agreement is for the period of five (5) years. Completion dates or time durations for specific portions of the Project are set forth in Attachments "A" and "B". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three (3) one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. 3. SCOPE OF SERVICES. CONSULTANT will provide body worn cameras, cloud -based storage of digital evidence, internet data management through Evidence.com, support services to assist with implementation, and on site training at the National City Police Department. The CONSULTANT will perform services as set forth in Attachment "A." The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings when requested to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and tfie CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Lieutenant Robert Rounds hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Charles Foster thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be in accordance with Attachments "A" and "B." The total cost for all work described in Attachments "A" and "B" shall not exceed $350,890.58. Annual invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Attachments "A" and "B," as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 2016 Agreement 2 City of National City and Taser International, Inc. CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being 2016 Agreement 3 City of National City and Taser International, Inc. understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are 2016 Agreement 4 City of National City and Taser Internationa►, Inc. employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, and employees, against and from any and all civil or criminal liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 2016 Agreement 5 City of National City and Taser International, Inc. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insur nce policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees and volunteers as additional insureds, and a separate e additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. C. Technology Errors and Omissions Liability Insurance, which includes professional liability coverage, with minimum limits of $2,000,000 each occurrence and each loss, and $4,000,000 general aggregate. The policy shall name the CITY and its officers, agents, employees and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, agents, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 2016 Agreement 6 City of National City and Taser International, Inc. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A: VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the 2016 Agreement 7 City of National City and Taser International, Inc. CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Manuel Rodriguez Chief of Police National City Police Department City of National City 1200 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Contracts Taser International, Inc. 17800 N. 85th Street 2016 Agreement 8 City of National City and Taser International, Inc. Scottsdale, AZ 85255 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. 2016 Agreement 9 City of National City and Taser International, Inc. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits, Schedules, Attachments. The Exhibits, Schedules and Attachments attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, attachments or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. Attached to this Agreement are the following exhibits and attachments: Scope of Services, Taser Master Services and Purchasing Agreement, and Taser Quotation #Q- 53527-3. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The City is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the City in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) 2016 Agreement 10 City of National City and Taser International, Inc. each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2016 Agreement 11 TASER INTERNATIONAL, INC. (Corporation — signatures of two corporate officers required) By: By: (Name) (Print) (Title) (Name) (Print) (Title) City of National City and Taser International, Inc. Attachment "B" — SCOPE OF SERVICES 1 of 4 Vendor shall provide the Services indicated below for the City of National City Police Department with this Agreement based on the following payment schedule: FY 16 Equipment FY 17 Year 1 FY 18 Year 2 FY 19 Year 3 FY 20 Year 4 FY 21 Year 5 5 year total Equipment $45,760.00 $45,760.00 Service, storage, and extended warranty costs $56,776.00 $55,776.00 $55,776.00 $55,776.00 $55,776.00 $283,880.00 Taxes (on equipment and extended warranties). $4118.46 $3108.60 $4,368.60 $4,368.60 $4,368.60 $4,368.60 $24,701.46 Estimated shipping $549.12 Total Cost $49,878.46 $59,884.60 $60,144.60 $60,144.60 $60,144.60 $60,144.60 $350,890.58 Full description of Services: The City of National City Police Department seeks to implement seventy (70) Body Worn Cameras. Subsequent to the initial order of sixty-five (65) Axon Body 2 and five (5) Axon Flex body worn cameras, no guarantee is made that the sixty-five (65) Axon Body 2 and five (5) Axon Flex cameras will be under active service over the term of this agreement. No guarantee is made that additional cameras will be purchased or under active service over the term of this agreement. A. System Requirements and Software: 1. Most current software system(s) available: Evidence.com. 2. Video playback on mobile devices. 3. Low light capabilities for the body worn cameras. 4. Variable recording quality options. 5. A 30 second to two minute buffering period to record footage before activation; including the option to sound with the video during the buffering period. 6. Twelve plus hours of continuous record time with a single battery, no extra charging required. 7. Provide a hosted data management system that allows for management and sharing of digital evidence without altering the original recording. 8. Customizable controlled access to the evidence system. 9. Allows for adding meta -data to videos, pictures, and audio recordings; such as: Category, Title, Report Number, Officer Name, Date/Time, Miscellaneous Notes, or GPS data. 10. Stores and supports all major digital files:.mpeg, .doc, .pdf, .jpeg, .way, .mp4, etc.... 11. Searchable fields including category based fields. 12. Ability to create tags, markers, and clips. 13. Automated category based evidence retention ability. 14. Ability to recover deleted evidence for a minimum of seven days. 15. Requires no proprietary file formats. 16. Ability to upload files directly to the data management system. 17. Secure encryption of data during transfer and storage. 18. Storage includes geo-dispersed redundant back up. Fault and disaster tolerant infrastructure in at least four redundant data centers with a minimum separation 1000 miles 19. Automatically tracks all system and user activity. 20. Generates real-time audit reports in PDF format to show chain of custody for evidence. 1 Attachment "B" Page 2 of 4 21. Case creation for multiple evidence files. 22. Allows users to capture digital evidence and upload files to the data management system from the field. 23. Free app for mobile devices. 24. Stored data protection is CJIS and ISO 27001 compliant. 25. With no on -site application, evidence is protected from local malware that may penetrate agency infrastructure. B. EQUIPMENT: - Axon Body 2 and Axon Flex cameras 1. Sixty-five (65) Axon Body 2 cameras. 2. Five (5) Axon Flex cameras. 3. "Spare Product" = Three (3) spare Axon Body 2 and one (1) spare Axon Flex cameras to keep at the National City Police Department to replace broken or non-functioning units in order to maintain the consistency of the body worn camera program. 4. 130 degree field of view lens on cameras. 5. Ability to charge and upload data simultaneously from a single device. 6. No computer necessary to upload data. 7. No local storage infrastructure or software needed. 8. Ability to mount the camera in multiple locations on the body. 9. Tactical design. 10. The TASER Assurance Plan (TAP) Officer Safety Plan; including the benefits of the Evidence.com Ultimate License for the Axon Body 2 and Flex cameras and Axon Capture generated data in Evidence.com, TAP for the Evidence.com docking stations. a) Upgrades at no extra charge to purchased Axon Body 2 and Flex cameras and docking stations at years 2.5 and 5 under TAP. b) Five (5) years total warranty coverage. c) Ultimate Evidence.com data plan includes 40 GB storage per user license (which is pooled together for all users). d) Additional 8400 GB pooled storage purchased by the City at extra charge (.75 cents per GB = 120 GB per user license). e) No penalty if users exceed contracted storage. (1) Additional storage will be charged to City by TASER at .75 cents per GB. 11. Sixty-five (65) magnet mounts for the Axon Body 2 cameras. 12. Five (5) ratchet collar/versatile/cap mounds for the Axon Flex cameras. 13. Five (5) controller holster belt clips for the Axon Flex cameras. 14. Ten (10) Axon 6-bay docking stations (including wall -mount brackets). 15. One (1) 6-bay docking station for the Axon Flex cameras (including wall -mount bracket). C. DEDICATED TRAINED REGIONAL SUPPORT MANAGER: TASER will provide the following to the CITY: 1. Assistance with inventory management. 2. Assistance ordering equipment/supplies. 3. Assistance returning equipment/supplies. 4. Repairs and upgrades to equipment as outlined in the contract. 5. Implementation and training outlined in the Performance Plus Service agreement: a) System set up and configuration. (1) Setup Axon® Mobile on smart phones (if applicable). (2) Configure categories & custom roles based on Agency need. (3) Troubleshoot IT issues with Evidence.com and Evidence.com Dock (Dock) access. 2 1T Attachment "B" Page 3 of 4 (4) Work with IT to install EVIDENCE Sync software on locked -down computers (if applicable). (5) One on -site session Included (6) Virtual Assistance Included b) Dock Installation. (1) Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. (2) Authenticate Dock with Evidence.com using "admin" credentials from Agency. (3) Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment. (4) On site Assistance Included (5) Virtual Assistance Included c) Dedicated Project Manager. (1) Assignment of a specific TASER representative for all aspects of planning the Product rollout (Project Manager). d) Weekly Project Planning Meetings. (1) Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units. (2) Docks and Evidence.com account training based on size, timing of rollout and Agency's desired level of training. (3) Up to 4 weekly meetings leading up to the Evidence.com Dock installation of not more than 30 minutes in length. e) Best practice implementation planning session —One on -site session to: (1) Provide considerations for establishment of video policy and system operations best practices based on TASER's observations with other agencies. (2) Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management. (3) Provide referrals of other agencies using the Axon camera products and Evidence.com services (4) Create project plan for larger deployments. (5) Recommend rollout plan based on review of shift schedules. f) Implementation document packet. (1) Evidence.com administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide. g) Post go live review session. D. TRAINING In accordance with the TASER Master Services and Purchasing Agreement and the Premium Plus Service Agreement, TASER will provide the following: 1. System Admin and troubleshooting training sessions. a) Two on -site sessions —each providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Evidence.com. 2. Axon instructor training. a) Prior to general user training on Axon camera systems and Evidence.com services, TASER's on -site professional services team will provide training for instructors who can support the Agency's subsequent Axon camera and Evidence.com training needs. 3. End user go live training and support sessions. a) Provide individual device set up and configuration assistance; pairing with viewers when applicable; and training on device use, Evidence.com 3 Attachment "B" Page 4 of 4 and EVIDENCE Sync. E. SUPPORT Provided at no extra cost. 1. Support available 365 days per year, 24 hours per day, seven days per week (24/7). 2. Remote trouble shooting as required. 3. Dedicated customer service department with a toll free number. 4. Technology upgrades (including equipment) as outlined in the agreement period. 5. Dedicated information security department that protects evidence storage with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities. 6. Integration services as needed — complex integrations may require additional services. 7. Library of accessible training information. F. PERFORMANCE GUARANTEE 1. Prices offered, including maintenance, supplies, training, and upgrades shall be guaranteed and available to the City of National City throughout the agreement period. II. Dates and location where Services will take place (including time schedule and/or milestone dates if appropriate) A. Consultation and training dates to be determined by the National City Police Department and Taser International, Inc. B. Location: National City Police Department, 1200 National City Blvd, National City, CA 91950. Vendor Contact: Dan Hilderman Senior Regional Manager Mobile: 858.922.5914 dhildermanataser.com 4 1S PROTECT LIFE MASTER SERVICES AND PURCHASING AGREEMENT between TASER INTERNATIONAL, INC. and National City Police Dept. - CA CITY Agreement Number: Attachment B 1L T,^ER o a o r E C r 4 1 t E MASTER SERVICES AND PURCHASING AGREEMENT This Master Agreement (the Agreement) by and between TASER International, Inc., (TASER or Party) a Delaware corporation having its principal place of business at 17800 N 85th Street, Scottsdale, Arizona, 85255, and National City Police Dept. - CA , (Agency, Party or collectively Parties) having its principal place of business at 1200 National City Boulevard, National City, CA, 91950, is entered into as of June, 30, 2016 (the Effective Date). This Agreement is an attachment to the "AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC." both of which set forth the terms and conditions for the purchase, delivery, use, and support of TASER products and services as detailed in Quote # Q-53527 (the Quote), which is hereby incorporated by reference. It is the intent of the Parties that these agreements shall govern all subsequent purchases by Agency of TASER Products and all subsequent quotes accepted by Agency shall be also incorporated by reference as a Quote. 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. TASER services will not be authorized until a signed Quote or Purchase Order is received, whichever is first. 1.1 Evidence.com Subscription Term: The Initial Term of the Subscription services will begin after shipment of the Product. If shipped in 1st half of the month, the start date is on the 1st of the following month. If shipped in the last half of the month, the start date is on the 15th of the following month. Subscription Services will automatically renew for additional successive Terms of one (1) year after completion of the initial Term at the list price then in effect, unless the Agency gives TASER written notice of termination within sixty (60) days prior to the end of a one (1) year period. 1.2 Professional Services Term: Amounts pre -paid for professional services as outlined in the Quote and the Professional Service Appendix must be used within 6 months of the Effective Date. 2 Definitions. "Business Day" means Monday through Friday, excluding holidays. "Confidential Information" means all nonpublic information disclosed by TASER, TASER affiliates, business partners of TASER 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) specifications, 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 TASER web services for Evidence.com, the Evidence.com site, EVIDENCE Sync software, EVIDENCE Mobile App, Axon® Mobile 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, hardware warranties, or the my.evidence.com services. "Installation Site" means the location(s) where the Products are to be installed. "Policies" means the Trademark Use Guidelines, all restrictions described on the TASER website, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials. Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 2 of 16 1'7 maksER A Q T E C T 4 1• F "Products" means all TASER equipment, software, cloud based services, Documentation and software maintenance releases and updates provided by TASER under this Agreement. "Quote" is an offer to sell, is valid only for products and services listed on the quote at prices on the quote. All Quotes referenced in this Agreement or issued and accepted after the Effective Date of this Agreement will be subject to the terms of this Agreement. 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. TASER is not responsible for pricing, typographical, or other errors in any offer by TASER and TASER reserves the right to cancel any orders resulting from such errors. TASER reserves the right to adjust prices or Products unless otherwise specified in the Quote. "Resolution Time" means the elapsed time between TASER's acknowledgment of an issue until the problem in the Services has been resolved, which does not include time delays caused by the Agency or by third parties outside of TASER's reasonable control. "Services" means all services provided by TASER pursuant to this Agreement. "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. 3 Payment Terms. Invoices are due to be paid within 30 days of the date of invoice. 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. If a delinquent account is sent to collections, the Agency is responsible for all collection and attorneys' fees. 4 Taxes. Unless TASER is provided with a valid and correct tax exemption certificate applicable to the purchase and ship -to location, the Agency is responsible for sales and other taxes associated with the order. 5 Shipping; Title; Risk of Loss; Rejection. TASER reserves the right to make partial shipments and products may ship from multiple locations. All shipments are E.X.W. via common carrier and title and risk of loss pass to the Agency upon delivery to the common carrier by TASER. The Agency is responsible for all freight charges. Any loss or damage that occurs during shipment is the Agency's responsibility. Shipping dates are estimates only. The Agency may reject nonconforming Product by providing TASER written notice of rejection within 10 days of shipment. Failure to notify TASER within the 10 day rejection period will be deemed as acceptance of Product. 6 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 7 Warranties. 7.1 Hardware Limited Warranty. TASER warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1-year limited warranty term plus the term of the extended warranty measured after the expiration of the 1-year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. TASER-Manufactured Accessories are covered under a limited 90-DAY warranty from the date of receipt. Non-TASER manufactured accessories are covered under the manufacturer's warranty. If TASER determines that a valid warranty claim is received within the warranty period, TASER agrees to repair or replace the Product. TASER's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 3 of 16 r �r mckseFt P R O T r F T 4 1 Y E TASER's option. 7.2 Warranty Limitations. 7.2.1 The warranties do not apply and TASER will not be responsible for any loss, data loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non-TASER products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by TASER; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than TASER authorized personnel or without the written permission of TASER; or (e) if any TASER serial number has been removed or defaced. 7.2.2 To the extent permitted by law, the warranties and the remedies set forth above are exclusive and TASER disclaims all other warranties, temedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. 7.2.3 TASER'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 TASER product purchased pursuant to this Agreement will not exceed $5,000,000. In no event will either Party be liable for any, special, indirect, incidental, exemplary, or punitive damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 7.3 Warranty Returns. If a valid warranty claim is received by TASER within the warranty period, TASER agrees to repair or replace the Product which TASER determines in its sole discretion to be defective under normal use, as defined in the Product instructions. TASER's sole responsibility under this warranty is to either repair or replace with the same or like Product, at TASER's option. 7.3.1 For warranty return and repair procedures, including troubleshooting guides, please go to TASER's websites www.taser.com/support or www.evidence.com, as indicated in the appropriate product user manual or quick start guide. 7.3.2 Before delivering product for warranty service, it is the Agency's responsibility to upload the data contained in the product to the EVIDENCE.com services or download the product data and keep a separate backup copy of the contents. TASER is not responsible for any loss of software programs, data, or other information contained on the storage media or any other part of the product services. 7.3.3 A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes Purchaser's property and the replaced item becomes TASER's property. 8 Product Warnings. See our website at www.TASER.com for the most current product warnings. 9 Design Changes. TASER reserves the right to make changes in the design of any of TASER's products and services without incurring any obligation to notify the Agency or to make the same change to products and services previously purchased. 10 Insurance. TASER will maintain at TASER's own expense and in effect during the Term, Commercial General Liability Insurance, Workers' Compensation Insurance, Technology Errors and Omissions Liability Insurance and Commercial Automobile Insurance and will furnish certificates of insurance or Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 4 of 16 15 CD -roksem V R Q T E G T self-insurance upon request. 11 IP Rights. TASER owns and reserves all right, title, and interest in the TASER Products and related software, as well as any suggestions made to TASER. 12 IP Indemnification. TASER 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 TASER Products or Services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. The Agency must provide TASER with prompt written notice of such a claim, tender to us the defense or settlement of such a claim at our expense, and cooperate fully with us in the defense or settlement of such a claim. This defense, indemnity and hold harmless provision shall not be subject to any warranty limitations set forth in Section 7 of this Agreement. 13 TASER 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 TASER; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved or recommended by TASER; (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 TASER 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. 14 Aaencv Responsibilities. The Agency is responsible for (i) use of TASER 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 TASER 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. 15 Termination. 15.1 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) Payment Terms, Warranty, Product Warnings, 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. 15.2 After Termination. TASER will not delete any Agency Content as a result of a termination during a period of 180 days following termination. During this 180-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 180-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 180-day period. TASER has no obligation to maintain or provide any Agency Content after this 180-day period and will thereafter, unless legally prohibited, delete all of Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 5 of 16 Z v TikBEFt O H Q 7 E C T 4 T F Agency Content stored in the Evidence.com Services. However, should Agency want to store the content longer than the 180 day period, Agency must make a written request to TASER before the expiration of the 180 day period and pay for storage of the content at the rate of $.75/GB per year. Upon request, TASER will provide written proof that all Agency Content has been successfully deleted and fully removed from the Evidence.com Services. 15.3 Post -Termination Assistance. TASER will provide Agency with the same post -termination data retrieval assistance that TASER generally makes available to all customers. Requests for TASER to provide additional assistance in downloading or transferring Agency Content will result in additional fees and TASER will not warrant or guarantee data integrity or readability in the external system. 16 General. 16.1 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. All TASER Pricing is considered confidential and competition sensitive. 16.2 Excusable delays. TASER 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 TASER's reasonable control TASER has the right to delay or terminate the delivery with reasonable notice. 16.3 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. 16.4 Proprietary Information. The Agency agrees that TASER has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute TASER products and services, and that the Agency will not directly or indirectly cause any proprietary rights to be violated. 16.5 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. 16.6 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. 16.7 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. Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 6 of 16 TAMER PROTECT 16.8 U.S. Government Rights. Any Evidence.com Services provided to the U.S. Government 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. 16.9 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. 16.10 Assignment. Neither Party may assign or otherwise transfer this Agreement withut the prior written approval of the other Party. TASER 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 subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 16.11 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. 16.12 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. 16.13 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. 16.14 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: TASER: TASER International, Inc. ATTN: Contracts 17800 N. 85th Street Scottsdale, Arizona 85255 contracts@ taser.com AGENCY: Manuel Rodriguez Chief of Police National City Police Department City of National City 1200 National City Boulevard National City, CA 91950-4397 16.15 Entire Agreement. This Agreement along with the "AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC.", including the APPENDICES attached hereto, and the Policies and the quote provided by TASER, 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 Title: Department: Version: Release Date: Evidence.com Master Service Agreement with Exhibits Legal 11.0 7/31/2015 Page 7 of 16 TA eFt V N C T t Cl t. I} Attn: Contracts Email: contracts@taser.com Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 TASER 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. 16.16 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. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of signature, duly authorized to execute this Agreement. TASER International, Inc. National City Police Dept. - CA Signature: Signature: Name: Name: Title: Title: Date: Date: Address: 17800 N. 85th Street Scottsdale, AZ 85255 Address: 1200 National City Boulevard, National City, CA, 91950 Page 8 of 16 1-AMER P H O 1 h C t l I R Evidence.com Terms of Use Appendix Access Rights. Upon the purchase or granting of a subscription from TASER 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. 2 Agency Owns Agency Content. The Agency controls and owns all right, title, and interest in and to Agency Content and TASER obtains no rights to the Agency Content and the Agency Content are not business records of TASER. The Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of Agency Content. TASER 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. 3 Evidence.com Data Security. 3.1. Generally. TASER will implement commercially reasonable and appropriate measures designed to secure Agency Content against accidental or unlawful loss, access or disclosure. TASER 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 TASER immediately if an unauthorized third party may be using the Agency account or Agency Content or if account information is lost or stolen. 3.2. FBI CMS Security Addendum. For customers based in the United States, TASER 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. 4 Our Support. TASER will make available updates as released by TASER to the Evidence.com Services. Updates may be provided electronically via the Internet. TASER will use reasonable efforts to continue supporting the previous version of any API or 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. 5 Data Privacy. TASER 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. TASER will give notice if Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 9 of 16 Cb -roaER 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 TASER access to certain information from the Agency in order to: (a) perform troubleshooting services for the account upon request or as part of our regular diagnostic screenings; (b) enforce this agreement or policies governing use of Evidence.com Services; or (c) perform analytic and diagnostic evaluations of the systems. 6 Data Storage. TASER 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, TASER 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. TASER 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 TASER for data storage services. Ownership of Agency Content remains with the Agency. TASER may only transfer Agency Content to third parties or utilize third party subcontractors in accordance with sections 8 and 24L of the "AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC." and as allowed by the Agency in writing. For use of an Unlimited Evidence.com License unlimited data may be stored in the Agency's Evidence.com account if the data originates from a TASER device. For use of Totally Unlimited Evidence.com Licenses TASER reserves the right to limit the types of content the Agency can store and share using the Services. 7 Fees and Payment. Additional end users may be added during the Term at the pricing in effect at the time of purchase of additional end users, prorated for the duration of the Term. Additional end user accounts will terminate on the same date as the pre-existing subscriptions. TASER reserves the right to charge additional fees for exceeding purchased storage amounts or for TASER's assistance in the downloading or exporting of Agency Content. 8 Suspension of Evidence.com Services. TASER 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 TASER, TASER's affiliates, or any third party to liability, or (iv) may be fraudulent; 8.3. If TASER 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. TASER 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 Services Warranty. TASER warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. TASER disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to the Evidence.com Services. 10 License Restrictions. Neither the Agency nor any Agency end users 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 Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 10 of 16 Jaime Ft 4 1 f, F 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; (gg 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 TASER Trademark Use Guidelines (located at www.TASER.com). Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 11 of 16 ZL TAkaeFt P R o r€ c T t, of f Professional Services Appendix 1 Scope of Services. The project scope will consist of the Services identified on the Quote. 1.1. The Package for the Axon and Evidence.com related Services are detailed below: System set up and configuration Setup Axon® Mobile on smart phones (if applicable). Configure categories & custom roles based on Agency need. Troubleshoot IT issues with Evidence.com and Evidence.com Dock (Dock) access. Work with IT to install EVIDENCE Sync software on locked -down computers (if applicable). One on -site session Included Dock installation Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. Authenticate Dock with Evidence.com using "admin" credentials from Agency. Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment. On site Assistance Included Dedicated Project Manager Assignment of a specific TASER representative for all aspects of planning the Product rollout (Project Manager). Ideally, the Project Manager will be assigned to the Agency 4-6 weeks prior to rollout. Weekly project planning meetings Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units, Docks and Evidence.com account training based on size, timing of rollout and Agency's desired level of training. Up to 4 weekly meetings leading up to the Evidence.com Dock installation of not more than 30 minutes in length. Best practice implementation planning session-1 on -site session to: Provide considerations for establishment of video policy and system operations best practices based on TASER's observations with other agencies. Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management. Provide referrals of other agencies using the Axon camera products and Evidence.com services Create project plan for larger deployments. Recommend rollout plan based on review of shift schedules. System Admin and troubleshooting training sessions 2 on -site sessions —each providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Evidence.com. Axon instructor training Prior to general user training on Axon camera systems and Evidence.com services, TASER's on -site professional services team will provide training for instructors who can support the Agency's subsequent Axon camera and Evidence.com training needs. End user go live training and support sessions Provide individual device set up and configuration assistance; pairing with viewers when applicable; and training on device use, Evidence.com and EVIDENCE Sync. Implementation document packet Evidence.com administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go live review session 1.2. Additional training days may be added on to any service package for additional fees set forth in the Quote. Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 12 of 16 17 1 -rigs..' e R J PROYICT l I k 2 Out of Scope Services. TASER is responsible to perform only the Services described on the Quote. Any additional services discussed or implied that are not defined explicitly by the Quote will be considered out of the scope. 3 Delivery of Services. 3.1. Hours and Travel. TASER personnel will work within normal business hours, Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays unless otherwise agreed in advance. All tasks on - site will be performed over a consecutive timeframe unless otherwise agreed to by the Parties in advance. Travel time by TASER personnel to Agency premises will not be charged as work hours performed. 3.2. Changes to Services. Changes to the scope of Services must be documented and agreed upon by the Parties in a change order. Changes may require an equitable adjustment in the charges or schedule. 4 Authorization to Access Computer Systems to Perform Services. The Agency authorizes TASER to access relevant Agency computers and network systems solely for the purpose of performing the Services. TASER will work diligently to identify as soon as reasonably practicable the resources and information TASER expects to use, and will provide an initial itemized list to the Agency. The 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 the Agency. 5 Site Preparation and Installation. Prior to delivering any Services, TASER will provide 1 copy of the then -current user documentation for the Services and related Products in paper or electronic form (Product User Documentation). The Product User Documentation will include all environmental specifications that must be met in order for the Services and related Products to operate in accordance with the Product User Documentation. Prior to the installation of Product (whether performed by the Agency or TASER), the Agency must prepare the Installation Site in accordance with the environmental specifications set forth in the Product User Documentation. Following the installation of the Products, the Agency must maintain the Installation Site where the Products have been installed in accordance with the environmental specifications set forth in the Product User Documentation. In the event that there are any updates or modifications to the Product User Documentation for any Products provided by TASER under this Agreement, including the environmental specifications for the Products, TASER will provide the updates or modifications to Agency when they are generally released by TASER to TASER customers. 6 Acceptance Checklist. TASER will present an Acceptance Checklist (Checklist) upon completion of the Services that will exactly mirror the description of services within this Section. The Agency will sign the Checklist acknowledging completion of the Services once the on -site service session has been completed. If the Agency reasonably believes that TASER did not complete the Services in substantial conformance with this Agreement, the Agency must notify TASER in writing of the specific reasons for rejection of the Services within 7 calendar days from delivery of the Checklist. TASER will address the issues and then will re -present the Checklist for approval and signature. If TASER does not receive the signed Checklist or a written notification of the reasons for the rejection of the performance of the Services within 7 calendar days of delivery of the Checklist, the absence of the Agency response will constitute affirmative acceptance of the Services, and a waiver of any right of rejection. 7 Liability for Loss or Corruption of Data. The Agency is responsible for: (i) instituting proper and timely backup procedures for Agency software and data; (ii) creating timely backup copies of Agency software or data that may be damaged, lost, or corrupted due to our provision of Services; and (iii) using backup copies to restore any Agency software or data in the event of any loss of, damage to, or corruption of the Ttle: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 13 of 16 2_17 TA• ER PROT E C T l . ,. F operational version of Agency software or data. However, regardless of any assistance provided by TASER: (i) TASER will in no way be liable for the accuracy, completeness, success, or results of efforts to restore Agency software or data; (ii) any assistance provided by TASER under this Section is without , express or implied. Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 14 of 16 T.BB" E R PHOTCCT l 1 4 t TASER Assurance Plan Appendix The TASER Assurance Plan or"TAP" has been purchased as part of the Quote attached to this Agreement. TAP provides hardware extended warranty coverage, Spare Products, and Upgrade Models at the end of the TAP Term. TAP only applies to the TASER Product listed in the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website. The Agency may not buy more than one TAP for any one covered Product. 1 TAP Warranty Coverage. TAP includes the extended warranty coverage described in the current hardware warranty. TAP warranty coverage starts at the beginning of the TAP Term and continues as long as the Agency continues to pay the required annual fees for TAP. The Agency may not have both an optional extended warranty and TAPi on the Axon camera/Dock product. TAP for the Axon camera products also includes free replacement of the Axon flex controller battery and Axon body battery during the TAP Term for any failure that is not specifically excluded from the Hardware Warranty. 2 TAP Term. TAP Term start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the following month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month. 3 SPARE Product. TASER will provide a predetermined number of spare Products for those hardware items and accessories listed in the Quote (collectively the "Spare Products") to keep at the Agency location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. The Agency must return to TASER, through TASER's RMA process, any broken or non-functioning units for which a Spare Product is utilized, and TASER will repair or replace the non-functioning unit with a replacement product. TASER warrants it will repair or replace the unit which fails to function for any reason not excluded by the TAP warranty coverage, during the TAP Term with the same product or a like product, at TASER's sole option. The Agency may not buy a new TAP for the replacement product or the Spare Product. 3.1. Within 30 days of the end of the TAP Term the Agency must return to TASER all Spare Products. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products not returned to TASER. If all the Spare Products are returned to TASER, then TASER will refresh the allotted number of Spare Products with Upgrade Models if the Agency purchases a new TAP for the Upgrade Models. 4 TAP Upgrade Models. Upgrade Models are to be provided as follows during and/or after the TAP Term: (i) an upgrade will provided in year 3 if the Agency purchased 3 years of Evidence.com services with Ultimate Licenses or Unlimited Licenses and all TAP payments are made; or (ii) 2.5 years after the Effective Date and once again 5 years after the Effective Date if the Agency purchased 5 years of Evidence.com services with an Ultimate License or Unlimited Licenses or OSP and made all TAP payments. Any products replaced within the six months prior to the scheduled upgrade will be deemed the Upgrade Model. Thirty days after the Upgrade Models are received, the Agency must return the products to TASER or TASER will deactivate the serial numbers for the products received unless the Agency purchases additional Evidence.com licenses for the Axon camera products the Agency is keeping. The Agency may buy a new TAP for any Upgraded Model. Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 15 of 16 3d TmeER PROYEC T 4 I F A 4.1. TAP Axon Camera Upgrade Models. 4.1.1. If the Agency purchased TAP for Axon Cameras as a stand-alone service, then TASER will upgrade the Axon camera (and controller if applicable), free of charge, with a new on - officer video camera that is the same product or a like product, at TASER's sole option. TASER makes no guarantee that the Upgrade Model will utilize the same accessories or Dock. If the Agency would like to change product models for the Upgrade Model, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model that will be acquired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 4.1.2. If the Agency purchased Unlimited License or OSP, then TASER will upgrade the Axon camera (and controller if applicable), free of charge, with a new on -officer video camera of the Agency's choice. 4.2. TAP Dock Upgrade Models. TASER will upgrade the Dock free of charge, with a new Dock with the same number of bays that is the same product or a like product, at TASER's sole option. If the Agency would like to change product models for the Upgrade Model or add additional bays, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model desired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 5 TAP Termination. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments for the Evidence.com services then TASER may terminate TAP and all outstanding Product related TAPs. TASER will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 5.1. TAP coverage will terminate as of the date of termination and no refunds will be given. 5.2. TASER will not and has no obligation to provide the free Upgrade Models. 5.3. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products provided under TAP. If the Spare Products are returned within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product invoice. 5.4. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 5.5. If the Agency received Axon Products free of charge and TAP is terminated before the end of the term then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid as part of the TAP before the termination date; or (b) only in the case of termination for non -appropriations, return the Products to TASER within 30 days of the date of termination. Title: Evidence.com Master Service Agreement with Exhibits Department: Legal Version: 11.0 Release Date: 7/31/2015 Page 16 of 16 3, TASER International Protect Life. Protect Truth. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: Robert Rounds (619)336-4433 (619) 336-4525 rrounds@nationalcityca.gov Bill To: National City Police Dept. - CA 1200 National City Boulevard National City, CA 91950 US Ship To: Robert Rounds National City Police Dept. - CA 1200 National City Boulevard National City, CA 91950 US 1- B Quotation Quote: Q-53527-4 Date: 6/ 14/2016 3:43 PM Quote Expiration: 6/30/2016 Contract Start Date*: 8/15/2016 Contract Term: 5 years AX Account Number: 106266 SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Dan Hilderman dhilderman@taser.com Fedex - Ground Net 30 *Note this will vary based on the shipment date of the product. Hardware, due net 30 65 Axon Body 2 10 Axon Body 2 Docks 5 Axon Flex 1 Flex Dock QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 65 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2 USD 399.00 USD 25,935.00 USD 0.00 USD 25,935.00 35 74021 MAGNET MOUNT, THICK OUTERWEAR, AXON BODY 2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 30 74022 SM POCKET MOUNT, 4", AXON BODY 2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 74020 MAGNET MOUNT, FLEXIBLE, AXON BODY 2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 73004 WALL CHARGER, USB SYNC CABLE, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 10 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK USD 35.00 USD 350.00 USD 0.00 USD 350.00 Page I of 5 32 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 10 74008 AXON DOCK, 6 BAY + CORE, AXON BODY 2 USD 1,495.00 USD 14,950.00 USD 0.00 USD 14,950.00 3 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 73096 CAMERA SYSTEM, AXON FLEX USD 599.00 USD 2,995.00 USD 0.00 USD 2,995.00 5 73088 RATCHET COLLARNERSATILE/ CAPMOUNT, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 1 70026 EVIDENCE.COM DOCK, AXON SIX BAY USD 1,495.00 USD 1,495.00 USD 0.00 USD 1,495.00 1 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK USD 35.00 USD 35.00 USD 0.00 USD 35.00 1 73096 CAMERA SYSTEM, AXON FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 73036 CONTROLLER, HOLSTER, BELT CLIPS, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 1 73036 CONTROLLER, HOLSTER, BELT CLIPS, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 Hardware, due Hardware, due net 30 Net Amount net 30 Tax Amount: USD 4,118.46 Due Including Taxes: USD 49,878.46 Year 1 Due net 30 of customer receipt of equipment in their fiscal year 2017 Year 1 begins on date of equipment received QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 13,000.00 USD 29,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89101 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 1 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD 180.00 USD 0.00 USD 180.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 1,000.00 USD 2,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 1 85055 PREMIUM PLUS SERVICE USD 15,000.00 USD 15,000.00 USD 0.00 USD 15,000.00 Year 1 Net Amount Year 1 Tax Amount: USD 3,108.60 Year I Discount: USD 14,000.00 Due Including Taxes: USD 59,884.60 Page 2 of 5 33 Year 2 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 0.00 USD 3,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 0.00 USD 42,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89201 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 2 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD 18000 USD 0.00 USD 180.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 Year 2 Tax Amount: Year 2 Net Amount Due Including Taxes: USD 4,368.60 USD 60,144.60 Year 3 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 0.00 USD 3,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 0.00 USD 42,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89301 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 3 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD 180.00 USD 0.00 USD 180.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 Year 3 Tax Amount: Year 3 Net Amount Due Including Taxes: USD 4,368.60 USD 60,144.60 Year 4 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 Page 3 of 5 3t/ QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 0.00 USD 3,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 0.00 USD 42,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89401 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 4 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD 180.00 USD 0.00 USD 180.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 Year Year 4 Tax Amount: 4 Net Amount Due Including Taxes: USD 4,368.60 USD 60,144.60 Year 5 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 600 85035 EVIDENCE.COM STORAGE USD 0.75 USD 450.00 USD 0.00 USD 450.00 7,800 85035 EVIDENCE.COM STORAGE USD 0.75 USD 5,850.00 USD 0.00 USD 5,850.00 5 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 3,300.00 USD 0.00 USD 3,300.00 200 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 65 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 42,900.00 USD 0.00 USD 42,900.00 2,600 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 89501 PROFESSIONAL EVIDENCE.COM LICENSE: YEAR 5 PAYMENT USD 468.00 USD 936.00 USD 0.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT USD 36.00 USD 180.00 USD 0.00 USD 180.00 10 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 2,160.00 USD 0.00 USD 2,160.00 Year 5 Tax Amount: Year 5 Net Amount Due Including Taxes: USD 4,368.60 USD 60,144.60 Subtotal Estimated Shipping & Handling Cost Estimated Tax Grand Total Page 4 of 5 USD 325,640.00 USD 549.12 USD 24,701.46 USD 350,890.58 3S Complimentary Evidence.com Tier Upgrade Through September 2016 This quote contains a purchase of either the Basic or Standard Evidence.com license. You will temporarily receive the features available with the Professional license for the Basic and Standard licenses purchased until September 2016. This is a free upgrade to your account so you can enjoy all the benefits of our most feature rich license tier. In September 2016 you will be prompted to select which users you would like to assign to each tier. This will have no impact on uploaded data. Axon Pre -order Thank you for your interest in Axon! This pre -order is a commitment to purchase Axon Body 2 and/or Axon Fleet. Axon Body 2 is available for delivery between 8-10 weeks after purchase date. Axon Fleet is available for delivery between August 1, 2016 and August 14, 2016. You will be notified if there are any delays. TASER reserves the right to make product changes without notice. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers 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 TASER's Master Services and Purchasing Agreement posted at www.taser.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 TASER 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): Date: Title: Quote: Q-53527-4 Please sign and email to Dan Hilderman at dhilderman@taser.com or fax to THANK YOU FOR YOUR BUSINESS! `Protect Life' and © are trademarks of TASER International, Inc., and TASER® is a registered trademark of TASER International, Inc., registered in the U.S. © 2013 TASER International, Inc. All rights reserved. Page 5 of 5 36 ��/ i" CERTIFICATE OF LIABILITY INSURANCE D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services West, Inc.NAME: Phoenix AZ Office 2555 East Camel back Rd. Suite 700 Phoenix AZ 85016 USA CONTACT (A/C.NE No.Ext): (866) 283-7122 FAX 800-363-0105 iAIC. No.): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Taser International, Inc. 17800 N. 85th Street Scottsdale AZ 85255 USA INSURER A: Lexington Insurance Company 19437 INSURERB: INSURERC: INSURER D: INSURER E: INSURER F: • Holder Identifier : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested M7R TYPE OF INSURANCE AIN DLL SUBI POLJCY NUMBER POLICY EFF (MMIDDIYYW) POLICY EXP JMDDAWY) LIMITS A X COMMERCIALGENERALLIABILITY 028182385 12/15/2015MI 12/15/2016 EACH OCCURRENCE $10,000,000 A X CLAIMS -MADE OCCUR SIR applies per policy terms 021391643 & conditions 12/15/2015 12/15/2016 DAMAGEIORENTED PREMISES Excluded X Claims Made Policy for ECD Taser Only GL - Occu rrence (Ea occurrence) MED EXP (Any one person) Excl uded X Occurrence Policy for Non-ECD SIR applies per policy terns & conditions PERSONAL & ADV INJURY Included 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10, 000, 000 a rn POLICY JECTP LOC PRODUCTS - COMP/OP AGG $10,000,000 N X OTHER: o 0 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) r` `O ANY AUTO BODILY INJURY ( Per person) 0 2 OWNED AUTOS ONLY ----SCHEDULED AUTOS BODILY INJURY (Per accident) d HIRED AUTOS _ NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) w t UMBRELLA LIAB OCCUR EACH OCCURRENCE ro ti EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER STATUTE OTH- ER ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED, I I N I A E.L. EACH ACCIDENT (Mandatory in NH) If yes, describe under E.L. DISEASE -EA EMPLOYEE DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 01, Additional Remarks Schedule, may be attached if more space is required) The General Liability Occurrence policy and the Claims Made policy share the limit. RE: BWC contract. City of National City and its officers, agents, employees and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Mil City of National City 1243 National City Boulevard National city CA 91950 USA AUTHORIZED REPRESENTATIVE �/J l���/{��� y/�� �Q oo����//`` t:� IL a /L1ibe ltarciefseis t✓sbt4md �Ya e.-gu ," ....-. '�-� 8105 INN ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 AM 12/15/2015 Forms a part of policy no.: 028182385 Issued to: TASER INTERNATIONAL, INC. By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT A. Section II - Who Is An Insured is amended to include any person or organization you are re- quired to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." B . The insurance provided to the above described additional insured under this endorsement is limited as follows: 1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (Section I Coverages) only. 2. The person or organization is only an ad- ditional insured with respect to liability arising out of "your work" or "your pro- duct' for that additional insured. 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance pro- vided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. 4. The insurance provided to such an additional insured does not apply to "bodily injury" or "property damage" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any pro- fessional services including: i The preparing, approving or failing to prepare or approve maps, shop draw- ings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and ii Supervisory, inspection, architectural or engineering activities. 5. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product' included in the "products -completed operatons hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the written contract or written agreement and in no event beyond the expiration date of the policy. Includes copyrighted information of the Insurance Services Offices, Inc. LX9466 (10/03) with rights reserved. Page 1 of 2 6. Any coverage provided by this endorse- ment to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary or non-contributory basis. C. Subparagraph (1)(a) of the Pollution exclusion paragraph 2.f., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" or "your product" performed on premises which are owned or rented by the additional insured at the time "your work" or "your product' is per- formed. D. In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. Authorized Representative Includes copyrighted information of the Insurance Services Offices, Inc. LX9466 (10/03) with rights reserved. Page 2 of 2 ENDORSEMENT This endorsement, effective 12:01 AM 12/15/2015 Forms a part of policy no.: 021391643 Issued to: TASER INTERNATIONAL, INC. By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT A. Section II - Who Is An Insured is amended to include any person or organization you are re- quired to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." B. The insurance provided to the above described additional insured under this endorsement is limited as follows: 1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (Section I - Coverages) only. 2 The person or organization is only an ad- ditional insured with respect to liability arising out of "your work" or "your pro- duct' for that additional insured. 3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance pro- vided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. 4. The insurance provided to such an additional insured does not apply to "bodily injury" or "property damage" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any pro- fessional services including: i The preparing, approving or failing to prepare or approve maps, shop draw- ings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and ii Supervisory, inspection, architectural or engineering activities. 5. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product' included in the "products -completed operatons hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the written contract or written agreement and in no event beyond the expiration date of the policy. Includes copyrighted information of the Insurance Services Offices, Inc. LX9466 (10/03) with rights reserved. Page 1 of 2 6. Any coverage provided by this endorse- ment to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary or non-contributory basis. C. Subparagraph (1)(a) of the Pollution exclusion paragraph 2.f., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" or "your product' performed on premises which are owned or rented by the additional insured at the time "your work" or "your product' is per- formed. LX9466 (10/03) D. In accordance Wth the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable, each additional insured must give us prompt notice of any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. Authorized Representative Includes copyrighted information of the Insurance Services Offices, Inc. with rights reserved. Page 2 of 2 1/i DATE(MM/DD/YYYY) 06/16/2016 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT NAME: PRODUCER Aon Risk Insurance Services West, Inc. Phoenix AZ office 2555 East Camelback Rd. Suite 700 Phoenix AZ 85016 USA PHONE (NC. No. Eat). (866) 283-7122 E-MAIL ADDRESS: FAX No.): (800) 363-0105 INSURER(S) AFFORDING COVERAGE INSURED Taser International, Inc. 17800 N. 85th Street Scottsdale AZ 85255 USA INSURER A: Colony Insurance Company INSURER B: NAIC C 39993 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570062569636 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested POLICY EXP (MMIDDIYYYY) INSR LTR TYPE OF INSURANCE COMMERCIAL GENERAL LIABIUTY CLAIMS -MADE I I OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I-1 PO-JE T LiLOC OTHER: ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMMIDDIYYYY) REVISION NUMBER: LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL F. ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE LIABIUTY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY ( Per person) BODILY INJURY (Per accident) Holder Identifier : PROPERTY DAMAGE (Per accident) UMBRELLA UAB EXCESS LIAB OCCUR CLAIMS -MADE DED RETENTION EACH OCCURRENCE AGGREGATE A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR / PARTNER / EXECUTIVE r'�'j OFFICERIMEMBER EXCLUDED? I (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E&O-Technology NIA E0407121 Cyber & Professional E&O 09/18/2015 09/18/2016 PER STATUTE E.L. EACH ACCIDENT OTH- ER E.L. DISEASE -EA EMPLOYEE E.L. DISEASE -POLICY LIMIT Per Claim Aggregate Deductible $5,000,000 $5,000,000 S50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: BWC Contract. City of National City and its officers, agents employees and volunteers are included as Additional Insured in accordance with the policy provisions of the Cyber Liability policy. CERTIFICATE HOLDER 570062569636 CANCELLATION i-J r City of National City 1243 National City Boulevard National City CA 91950 LSA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000007117 LOC #: AC012®® ADDITIONAL RE AGENCY Aon Risk Insurance Services West, Inc. NAMED INSURED Taser International, Inc. POLICY NUMBER See Certificate Number: 570062569636 CARRIER See Certificate Number: 570062569636 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER J INSURER i ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MVY M/DD/YY) POLICY EXPIRATION DATE (MM/DDTYYYY) LIMITS OTHER El Retro Date 9/18/14 ACORD 101 (2008(01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PURSUANT TO CONTRACT VICARIOUS LIABILITY In consideration of the payment of the premium for this Policy, it is hereby understood and agreed that Definition A in Section II DEFINITIONS is amended to include the following: Additional Insured also means any client or customer of the Policyholder, but only if a written contract entered into by the Policyholder specifically requires that such client or customer be added as an Additional Insured for professional liability or errors and omissions insurance, and only for Claims (i) first made on or after the effective date of this endorsement and (ii) for vicarious or implied liability of such client or custmer which results from Wrongful Acts actually or allegedly committed solely by the Policyholder. This Policy will not provide coverage for any Wrongful Act actually or allegedly committed by such client or customer referenced above which is added to this Policy as an Additional Insured. All other terms and conditions remain unchanged. This endorsement changes the Policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 09/18/2015 Policy No. E0407121 Endorsement No. 5 Premium N/A Insured Taser International, Inc Insurance Company Colony Insurance Company Manuscript IPRP 1-8-15 Authorized Signature H�---- `-' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/16/2D16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT HOLDER. THIS AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Insurance Services West, Inc. NAME: Phoenix AZ Office 2555 East Camelback Rd. PHONE (866) 283-7122 (A/C. No. Ext): (A/C.No.): (800) 363-0105 E-MAIL Suite 700 ADDRESS: Phoenix AZ 85016 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED Taser International, INSURER A: Hartford Casualty Insurance Co 29424 Inc. 17800 N. 85th Street INSURER B: Twin City Fire Insurance Company 29459 Scottsdale AZ 85255 USA INSURERC: INSURER D: INSURER E: INSURER F: { COVFRCr:FC (' TI .nwrn suwnrr,- r.....,, THIS INDICATED. CERTIFICATE EXCLUSIONS INSR ----------------- - RC V!JIVIY Ivt1rVIOtli: IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE AUUL INSD S WVD POLICY NUMBER POLICY YFF (MWDD/YYYY) POLICY YXP (MMIDD/VYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL 8 ADV INJURY GEN'L AGGREGATE POLICY LIMIT APPLIES PER: PRO - GENERAL AGGREGATE OTHER: J JECT LOC Li PRODUCTS - COMP/OP AGG A AUTOMOBILE LIABILITY _ 59 UUN UL7844 09/11/2015 09/11/2016 COMBINED SINGLE LIMIT (Ea accident) $1, 000 , 000 X ANY AUTO OWNED SCHEDULED BODILY INJURY ( Per person) A AUTOS ONLY AUTOS BODILY INJURY(Per accident) X HIRED AUTOS X NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN 59WEPE1196 09/11/2015 09/11/2016 x PER STATUTE OTH- ER ANY PROPRIETOR / PARTNER / EXECUTIVE N OFFICER/MEMBER EXCLUDED? I I N I A E.L. EACH ACCIDENT $1, 000 , 000 (Mandatory in NH) If yes, describe under E.L. DISEASE -EA EMPLOYEE 51,000,000 D DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 51,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 01, Additional Remarks Schedule, may be attached if more space is required) RE: BWC Contract. A Waiver of Subrogation is granted in favor of city of National city in accordance with the policy provisions of the workers' Compensation policy. CANCEL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of National City 1243 National City Boulevard National City CA 91950 USA DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /� 9t !ulta pseee /..e.,G WAX.. 1PG ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : 570062569437 Certificate No THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 59 WE PE1196 Endorsement Number: Effective Date: 09/11/15 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: TASER INTERNATIONAL, INC. 17800 N 85TH ST SCOTTSDALE, AZ 85255 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHT FROM US Form WC 00 0313 Printed in U.S.A. Process Date: 0 9 / 2 7 / 15 SCHEDULE Countersigned by Authorized Representative Policy Expiration Date: 09/11/16 yk H-NUChrY1 eat POLICE DEPARTMENT OPERATING PROCEDURE NO.XX PATROL PAGE 1 OF 16 ORIGINAL DATE: XX/XX/XX SUBJECT: BODY WORN CAMERA RECORDING DEVICES I. PURPOSE This purpose of this policy is to provide guidelines related to the use, management, storage, and retrieval of data stored on Department issued Body Worn Cameras (BWCs) by members of this Department while in the performance of their duties. This policy does not apply to lawful surreptitious audio/video tecording or interception of communications for authorized investigative purposes. IL POLICY The National City Police Depai tinent may provide uniformed department personnel with access to BWCs for use during the performance of their duties. The use of BWCs is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public. III. BACKGROUND The BWC is an "on the body" audio and video recording system assigned to an officer or other member of the department as an additional means of documenting specific incidents in the field. BWCs provide additional documentation of police/public encounters and may be an important tool for collecting evidence and maintaining public trust. Specific uses of the BWC include, but are not limited to: A. Capturing crimes in progress, whether perpetrated against Department personnel or the community, and to maintain this evidence for presentation in court. B. Documenting initial department response, the discovery of evidentiary items and the actions of department personnel pursuant to an investigation. C. Aiding in the documentation of victim, witness, and/or suspect statements pursuant to a criminal investigation; and the on -scene response and/or documentation advisement of rights, if applicable. D. Serving as a training and performance tool when such documentation pertains to an on -going professional training opportunity. The Department recognizes there are limitations with the use of BWCs. Video cannot always show the full story nor does it capture an entire scene. BWC audio and video footage is less broad and less detailed than the totality of the human senses. It is recognized that an officer's recollection of specific details may be different than what is captured by a POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES NO. XXX PATROL Page 2 of 16 BWC. The goal of the BWC system is to provide an additional layer of documentation to assist and compliment Officers in the performance of their duties. Therefore, persons reviewing recordings must be cautious before reaching conclusions about what a video shows. BWCs are not meant to replace or relieve an officer from their responsibility to submit any and all required written reports. IV. DEFINITIONS Body Worn Camera (BWC) — A camera worn on an individual's person that records and stores audio and video. BWC Program Administrator — The depaitment employee assigned by the Chief of Police to oversee the entire BWC program. This includes, but is not limited to, acting as the administrator overseeing the issuing and tracking of BWCs, as well as acting as the administrator for the "cloud" based digital evidence management system. The BWC Program Administrator has full access to use the "cloud" based the evidence management system to set/adjust user rights, access, and parameters. Buffering Mode — When a BWC is on, but has not been activated to record both sound and video. While in the buffering mode, the camera may continuously record video in 30 second to two minute loops depending upon the camera's setting. Digital Evidence — BWC files, including photographs, audio recordings, and video footage captured by 'a BWC and stored digitally. Event Mode — When the Event button on the BWC is activated and the camera is recording both audio and video. The buffered video (not audio) captured directly before the event will be saved and attached to the event in permanent memory. Repeated pressing of the Event button turns the recordings on and off and creates separate media segments. Evidence Docking Station — A portable multi -ported docking station for BWCs installed at the police station. The Evidence Docking Station simultaneously recharges the BWC while uploading all digitally encrypted data from the BWC to a "cloud" based evidence storage system. Evidence.com — A contracted digital evidence management service. The service stores digitally encrypted data in a highly secure environment accessible to personnel based on their security clearance setting. Metadata — Case numbers, event/incident numbers, and other descriptors used to identify digital evidence. There are 12 searchable fields into which metadata can be entered. V. PROCEDURE A. Officer safety takes precedence over recording events. POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES NO. XXX PATROL Page 3 of 16 Officers shall follow existing officer safety practices, training, policies, and procedures when contacting members of the public in the performance of their duties. Officer safety and the safety of the public shall be the primary consideration when contacting members of the public or conducting vehicle stops, not the ability to record an event. It is recognized that there may be circumstances when events occur so quickly that an officer does not have time to activate their BWC. B. BWCs will be used to capture audio and video evidence for investigations and enforcement encounters. The existence of BWC footage does not relieve an officer from completing detailed reports. Detailed reports are required to document the totality of the circumstances related to an incident. C. General 1. Only authorized personnel will use or be in possession of a BWC device. 2. All personnel issued a BWC are required to wear and use the BWC while working in any uniformed assignment in accordance with this department operating procedure. This applies to overtime assignments, out of class assignments, and special details. 3. BWC equipment is for official use only and is not be utilized for personal use. 4. Officers will not tamper with or dismantle any hardware or software component of any BWC device. 5. The use of a department issued voice recording device to supplement the BWC is authorized. 6. All digital evidence collected using the BWC is considered the property of the National City Police Department and is for official use only. 7. Accessing, copying, forwarding, or releasing any digital evidence for other than official law enforcement use, and contrary to this procedure, is strictly prohibited. Public release of digital evidence is prohibited unless approved by the Chief of Police or designee. 8. Personal computer equipment and/or software programs are not be utilized when making copies of digital evidence. Using a secondary recording device such as a video camera, mobile phone, or other device to record or capture digital evidence from the BWC and/or the Evidence.com data management system is strictly prohibited. 9. Officers are prohibited from using personally owned video recording devices for any work function governed by this policy unless authorized by the Chief of Police or designee. POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 4 of 16 D. Storage When not in use, BWC devices will be stored in a designated evidence docking station to allow for proper downloading, charging, and updating until the officer's next shift. E. Pre -shift Inspection 1. Officers will inspect their assigned BWC device daily to ensure the device is properly charged, free of any visual damage, and the device is in working order. 2. Visual damage will be immediately reported to an on -duty patrol supervisor. a. The officer will complete an email to the on -duty patrol supervisor and the BWC Program Administrator detailing the damage. b. The BWC Program Administrator will evaluate the damage and log the damage the department's TMS system. 3. Inoperable equipment will be returned to the BWC Program Administrator as soon as possible. F. Lost/Stolen Camera 1. If a BWC is lost, the Officer will report the loss via a depai tinent memorandum up their Chain of Command and "cc" the BWC Administrator so that a loaner or replacement camera can be issued. 2. If a BWC is stolen, the Officer will complete a theft report and will report the theft via a department memorandum up their Chain of Command and "cc" the BWC Administrator so that a loaner or replacement camera can be issued. G. Equipment Repair, Replacement, and Maintenance 1. When a BWC malfunctions, the officer will notify their supervisor and the BWC Program Administrator. a. The Officer will document the nature of the malfunction in an email to their supervisor and the BWC Program Administrator. 2. The inoperable equipment will be forwarded to the BWC Program Administrator for repair as soon as possible. 3. If the BWC Program Administrator cannot repair the unit, the manufacturer will be contacted to facilitate the repair. a. Repair and/or replacement of damaged or malfunctioning BWC equipment POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 5 of 16 will be coordinated by the BWC Program Administrator and performed by an authorized service provider. b. The BWC Program Administrator will issue a spare BWC to the officer as a loaner until the officer's assigned BWC is back from being repaired. 4. This procedure will be followed for all issues related BWC equipment and accessories. H. Camera Position Officers will wear the BWC in a conspicuous manner and in a position that provides for the most effective recording angle for the model provided to the wearer. Officers should utilize their viewers to ensure the BWC is in a position where the field of view provides for effective recording. Officers shall not intentionally obscure the view of their BWC. 1. Privacy Concerns and Advisements 1. People have a reasonable expectation of privacy in their homes. However, when Officers are lawfully present in a home (for example — warrant, consent, or exigent circumstances) in the course and scope of their official duties, there is no reasonable expectation of privacy. Therefore, Officers are not required to give notice they are recording. 2. Officers are not required to give notice they are recording, whether in public areas or private residences. However, if asked, Officers may advise community members they are being recorded. 3. Officers are not required to initiate or cease recording an event, situation, or circumstance solely at the demand of a community member. 4. When recording interviews, Officers should make every effort to record any admonishments prior to the start of an interview. 5. Officers and supervisors involved in the investigation of a complaint against a member of the police department must inform complainants and witnesses they are being recorded. a. In the event the complainant refuses to be video recorded, the Officers and/or supervisor will audio record the interview using a voice recorder. J. Activation of the BWC 1. Enforcement Related Contacts a. Officers will activate the BWC in event mode to record all law enforcement POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 6 of 16 related contacts. The event mode should be activated prior to actual contact with the community member, or as soon as safely possible thereafter, and continue recording until the contact is concluded, or the contact transitions from an enforcement contact into intelligence gathering. Law enforcement contacts include, but are not limited to the following: traffic stops, pedestrian stops, officer initiated consensual encounters, field interviews, vehicle tows, issuing of citations, issuing of parking tickets, contacts during traffic collision investigations, detentions, arrests, persons present at radios calls who are accused of crimes or victims/witnesses to a crime, serving court orders or civil papers, all searches (with the exception of strip searches), investigative interviews, and private person initiated contacts of a confrontational nature. b. Officers are strongly encouraged to inform community members they are being recorded in an effort to de-escalate potential conflicts. c. Covering another City employee or law enforcement officer during an enforcement contact; i. Including, but not limited to, Community Service Officers, Parking Enforcement Officers, and/or Code Enforcement Officers. ii. Officers should notify other public safety personnel as soon as practical when they are being recorded during an incident. d. Recording may be stopped during periods of inactivity such as report writing or other breaks from direct participation in the incident; such as side -bar discussions with other Officers or supervisors about strategies, tactics, or how to handle a contact. Before turning off the recorder, the Officer will verbally notate on the recorder the reason for shutting it off. e. Officers working in plain clothes assignments are not required to wear a BWC. 2. Arrests a. Officers may stop recording in the event mode when the arrestee is cooperative and safely secured inside a law enforcement facility. If an arrestee becomes uncooperative, or if there is some evidentiary purpose, Officers should resume recording in the event mode. b. If an Officer resumes recording in the event mode, the camera will remain in the event mode until the officer no longer has contact with the arrestee. POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 7 of 16 3. Suspect Interviews a. Officers are encouraged to fully record suspect interviews. Generally, these recordings should be continuous and officers should not stop the recording during a suspect interview. Any break in the recording of a suspect interview must be explained in the officer's corresponding police report. b. When recording interviews, Officers will ensure they record any admonishments prior to the start of an interview. 4. Transportation of a person a. Officers equipped with a BWC will record all prisoner transports. The entire transport will be recorded. i. Using a BWC to record during the transportation of an arrestee does not relieve the officer of the responsibility to document any spontaneous statements made by the arrestee or any other incidents that occur during the transportation in the officer's corresponding police report. b. Officers equipped with a BWC have the discretion to record passenger transports depending upon the circumstances associated with the transport. K. Victim and Witness Interviews 1. When interviewing victims and/or witnesses, Officers will comply with the recording requirements set forth in paragraph "J.1.a." above. However, if the victim or witness refuses to provide a statement with the recorder turned on, the Officer may shut off the recorder after adhering to the following procedure: a. Before turning off the recorder, the Officer will verbally notate on the recorder the reason for shutting it off. b. During the interview, if it becomes appropriate to reactivate the recorder based on paragraph "J.1.a." (located on page 6), the Officer will immediately, or as soon as safe, do so. c. Officers will document when a BWC is turned off and the reasons why in their corresponding police report. d. When necessary to obtain cooperation, Officers may position the BWC so they capture only audio, and not video, of the person making a statement. 2. Supplemental Documentation a. Injuries: POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES NO. XXX PATROL Page 8 of 16 BWCs may be used to document physical injuries to persons injured during an incident. Using a BWC to document an injury does not relieve an Officer of the responsibility to property identify and describe the injury in their corresponding police report. Officers are still required to photograph injuries using a digital camera for evidence purposes. b. Scene Documentation: BWCs may be used to aid in the documentation of a scene. The initial encounters with victims, witnesses, and/or suspects, including their location and any spontaneous statements made, can be important to the overall investigation. i. Using a BWC to aid in the documentation of a scene does not relieve an Officer of the responsibility to property photograph, identify, and describe the scene and any evidence located in their corresponding police report. L. When and Where NOT to Record 1. BWCs will not be used to record non -work related activity. 2. BWCs will not be used to record in areas of the police department such as pre - shift conferences, locker rooms, dressing rooms, restrooms, and/or break rooms; unless the recording is related to an enforcement encounter described within this policy. 3 Officers are not required to record informal or casual encounters with members of the public. Officers should consider that recording people in some circumstances may inhibit sharing of neighborhood information or developing strong ties with members of the community. 4. BWCs will not be used to record interviews with Department personnel during Department administrative investigations. a. BWCs may be used to record community member complaints in accordance with section "V.I.5" (located on page 5). 5. BWCs will not be used during major crime briefings, officer -involved shooting - briefings, homicide briefings, or during a homicide or officer -involved -shooting scene walk-through with detectives. 6. BWCs will not be used during contact with undercover Officers or confidential informants. 7. Officers will not record any confidential communication between department personnel without the prior knowledge and consent of all persons recorded. This POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 9 of 16 prohibition does not limit a law enforcement officer's authority to record any communication otherwise allowed under state and federal law. 8. Officers will not record any confidential communication between a person in custody and their attorney or a member of the clergy. 9. BWCs will not be used during court appearances; unless the use of the BWC is related to a law enforcement activity described in this department operating procedure. 10. Unless deemed evidentiary in nature and directly related to a criminal investigation, when possible, Officers should avoid recording exposed areas of the body that could cause embarrassment or humiliation, such as an exposed breast, groin, etc... M. Patient Privacy 1. Officers should generally not record victims or suspects in hospital or emergency room settings. In the event an Officer elects to make a recording, whether audio or video under this section, the Officer will take all reasonable steps in consideration of the HIPPA rights of patients and the privacy of hospital staff. Officers may video or audio record a suspect if the suspect's conduct is violent or threatening to staff or the officer(s). Cessation of Recording 1. Once activated, the BWC will not be purposely deactivated until the Officer's direct participation in the incident is complete or the situation no longer fits the criteria for activation. VI. DOCUMENTATION OF RECORDED EVENTS All recordings will be documented in an arrest report, crime report, supplemental report, miscellaneous report, field citation, field interview, traffic warning, or CAD incident history, etc... A. "BWC Recording" will be recorded in the "Evidence" section of an officer's report. B. Field Interview forms and Traffic Warnings — `BWC Recording" will be recorded in the narrative. C. Traffic Citations — `BWC" will be recorded in the blank space above the citation i_ _.. the of all citations. near top vi �a�ivi�o. D. Other Reports — "BWC Recording" will be recorded in the narrative. E. Other Recordings — Non -evidentiary recordings, such as inadvertent recordings, POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 10 of 16 recordings initiated for training, or recordings with no associated case number or report will be documented in the CAD event history or through the use of "BWC" CAD disposition codes. F. Unless writing their own reports, cover Officers will notate "BWC Recording" and their call sign in the CAD incident history, Additionally, they will notify the case agent of an incident that BWC evidence exists. G. Supervisors reviewing and approving reports will ensure Officers properly document and record events. VII. DATA MANAGEMENT AND REVIEW A. Entering Metadata Each recorded segment requires metadata be entered, even if the segments are of the same event. Metadata should be added at the conclusion of the event. In case of a delay, metadata should be added as soon as possible, and always prior to the end of shift. Metadata consists of an identification field, retention category, and recording title. If a case number or incident number exists, the complete case number or incident number will be input into the identification field with an "NC" in front of it (EXAMPLE: NC16012345). Absent a case number or incident number, a citation number or field interview form number may be used with an "NC" placed in front of the corresponding number. Officers will select the retention category that most accurately fits the recording. Recording titles may vary and include location, crime type, and/or suspect name. Viewing or adding metadata will not alter the video recording as it is protected with multiple layers of encryption on BWC itself and Evidence.com. B. Downloading/Storage Procedures After verifying the required metadata has been added to all recorded events, Officers will place the BWC into a port on the Evidence Docking Station at the end of their shift. This will allow for the battery to recharge. The data will be automatically transferred from the BWC through the Evidence Docking Station to Evidence.com. After the data transfers, it is considered entered into evidence. C. Retention of Digital Evidence All recordings related to any criminal proceeding, claim filed, pending litigation, or an administrative investigation/personnel complaint, will be preserved until the matter is resolved and/or in accordance with the law or whichever period of time is greater. Officers and detectives are required to ensure that BWC evidence is properly categorized for the necessary retention period. POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 11 of 16 BWC evidence shall be retained according to the following retention schedule. The BWC Program Administrator or any other supervisor may extend the retention period of a recording based upon the significance of an incident: 1. Homicides — Permanent retention in Evidence.com AND all videos shall be recorded to a backup media, such as DVD and logged into evidence. 2. Sexual assault or child molest related crimes — 10 year retention. 3. Cases where a supervisor or the BWC Administrator reasonably believes there is a high probability of civil liability to the city - Three year retention. 4. All instances involving use of force (as outlined in D.O.P. 052) — Three year retention. 5. Injury to an officer — Three year retention. 6. Felonies — Three year retention. 7. Domestic Violence/Child Abuse Three year retention. Misdemeanors (including traffic related misdemeanors) — Two year retention. 9. Citations or written warnings — Two year retention. 10. Field Interviews and/or Detentions — Two year retention. 11. Pursuit (no arrest) — Two year retention. 12. Miscellaneous (5150 W&I, Death Investigations, etc...) Two year retention. 13. Recording relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency — Two year retention. 14. Collision Investigations — 180 day retention. 15. Routine incident with no apparent investigative value — 90 day retention. 16. Uncategorized — 90 day retention. 17. Pending Review — Until manually deleted or otherwise categorized. 18. Restricted — Until manually deleted or otherwise categorized. D. Accessing Digital Evidence POLICE DEPARTMENT OPERATING PROCEDURE NO. XXX PATROL BODY WORN CAMERA RECORDING DEVICES Page 12 of 16 1. All those given permission associated with Evidence.com may review digital evidence as needed in the performance of their official duties using their individual login/password. a. Officers will not allow others to access Evidence.com using their individual login/password. 2. When accessing digital evidence through Evidence.com, the reason for accessing the digital evidence will be noted in the "Notes" of the evidence file. E. Reviewing Digital Evidence 1. Officers may review their own BWC video prior to the completion of their written report when necessary to refresh their recollection. 2. An officer may review the BWC video of other involved Officers prior to writing a report. 3. Officers will write their reports to what they remember from their perspective at the time of the incident given the totality of the circumstances. Officers will notate any discrepancies between their recollection of events and what the recording shows. Officers will not write their reports based solely on what they viewed from the BWC recording. 4. With the exception of a timely public safety statement, Officers who are involved in critical incident will be allowed to review their own recording of the incident prior to giving a voluntary or compelled statement. Under no circumstances will such a delay be longer than 48 hours after the incident in the event of a compelled statement. In the event that the recording of an Officer involved in a critical incident is damaged, destroyed, of poor quality, or in the event that other Officers' recordings offer a better perspective of the critical incident than that of the subject Officer(s), Officers may be allowed to review the recordings of the other Officers involved in the said critical incident prior to giving a voluntary or compelled statement. In such rare instances, at the discretion of the Chief of Police, Officers may be allowed to review another Officer's recording if the other Officer was in the immediate proximity of the subject officer and their recording offered the same scene orientation and perspective of the incident. 5. Detectives are responsible for reviewing, updating, and tracking digital evidence associated with their assigned cases. 6. A Civilian Investigator, Investigations Division Senior Office Assistant, and/or Detective are responsible for forwarding digital evidence to the District Attorney's office when appropriate. POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES NO. XXX PATROL Page 13 of 16 7. Officers may review digital evidence prior to providing testimony at hearings, trial, or depositions. 8. Digital Evidence may be viewed for administrative purposes, including but not limited to the following: a. Any incident in which a member of the Department is injured or killed during the performance of their duties. b. Any incident involving the use of force by a member of the Department. c. Any in -custody death. d. Any police pursuit. e. When any member of the Depaitnient discharges a firearm. f. When any member of the Department discharges any less lethal weapon. g. Traffic collisions involving department personnel. b. Prior to the release of recordings in response to a proper legal request. (e.g., in response to a subpoena or other court order). i. In preparation for a civil disposition or responding to an interrogatory where the incident arises from the employee's official duties. When preparing to testify in a criminal, civil, or administrative proceeding arising from the employee's official duties. k. For investigations undertaken by the Department to prove or disprove specific allegations of misconduct. 1. Civil litigation. 9. Supervisors may review BWC footage to assist in speaking with community members contemplating filing a complaint. Supervisors have the discretion to show BWC footage to a complainant when it relates to their complaint, to assist in clarifying or resolving the complaint. 10. Supervisors may review BWC footage in order to assist in recognizing meritorious conduct. 11. In situations where is a need to review digital evidence not covered by this procedure, a Lieutenant or higher must approve the request. Each situation will be evaluated on a case by case basis. POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES NO. XXX PATROL Page 14 of 16 F. Editing, Copying, and Deleting Digital Evidence All BWC recordings are part of the investigative record and will be preserved in their original format without deletion, editing or tampering according to the retention schedule outlined in section "VII.C.1-18" of this policy (page 11). Personal computer equipment and/or software programs are not be utilized when making copies of digital evidence. Using a secondary recording device such as a video camera, mobile phone, or other device to record or capture digital evidence from the BWC and/or the Evidence.com data management system is strictly prohibited. G. Discovery of Misconduct It is not the intent of the Department to review digital evidence for the purpose of general performance review, for normal preparation of performance reports, or to discover policy violations. Employees reviewing event recordings should remain focused on the incident or incidents in question and review only those recordings relevant to their investigative scope. If improper conduct is discovered during any review of digital evidence, the conduct in question shall be brought to the attention of a supervisor. The supervisor will report the conduct in question to the Officer's commanding officer through the chain -of -command. Nothing in this procedure prohibits addressing policy violations. H. Releasing of Digital Evidence. Audio and video recordings from BWCs are designated by the Department as investigative records and are not subject to routine release through requests via the California Public Records Requests Act (CPRA), the Freedom of Information Act (FOIA), or other non -court ordered requests for audio or video records. Digital Evidence captured by a BWC will be treated as an investigative record and handled pursuant to existing Department Operating Policies and Procedures. 1. Digital Evidence related to an officer -involved -shooting: Law enforcement agencies in San Diego County recognize that the thoughtful disclosure of video evidence of officer -involved -shooting incidents to the public can increase transparency, enhance community relations and promote confidence in the criminal justice system. Officer -involved shooting videos will be evaluated for potential public release. Ultimately, the decision whether to release video evidence will balance the competing interests of public safety, transparency, privacy of officers and victims, pending investigation and prosecutions. POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES NO. XXX PATROL Page 15 of 16 BWC recordings related to an officer -involved -shooting will be released in accordance with the county -wide protocol between law enforcement agencies for the release of BWC footage. VIII. USE OF DIGITAL EVIDENCE FOR TRAINING PURPOSES Officers and supervisors may find it useful, and are encouraged, to review recordings of incidents in which they were involved when beneficial for the purpose of conducting a tactical debrief within their squad. When an incident is recorded which may be of value as a training aid for a broad section of the Depai talent, the recording officer or that officer's supervisor should receive approval from their commanding officer to contact the Operations Support Lieutenant, who will review the digital evidence to determine the value of the incident for training. Recordings from BWCs may be shown for department -wide training purposes upon completion of a criminal case. All such use will be pursuant to written authority of the Chief of Police or designee. Officers will be provided with at least ten days' notice if recordings intended for use for training purposes were either made by them or captured their image or voice. After notice is given, the Operations Support Lieutenant will obtain approval from the Chain of Command prior to department -wide distribution. IX. SUPERVISORS RESPONSIBLITIES A. Sergeant's Responsibilities 1. Sergeants will ensure that Officers equipped with BWCs utilize them in accordance with this policy. 2. At least on a monthly basis, Sergeants will randomly review BWC recordings from their employees to ensure the equipment is operating properly and Officers are using the BWCs appropriately in accordance with this policy and to identify any areas in which additional training or guidance related to the use of the BWC is required. This policy does not limit the ability of Sergeants to inspect BWC recordings if there is reason to believe an Officer is not properly recording, uploading, or categorizing incidents. B. Lieutenant Responsibilities Lieutenants will ensure the Sergeants' inspections are completed correctly. If a supervisor identifies a discrepancy, the Lieutenant will follow up with the supervisor to ensure the discrepancy is corrected. POLICE DEPARTMENT OPERATING PROCEDURE BODY WORN CAMERA RECORDING DEVICES X. ADHERENCE TO POLICY NO. XXX PATROL Page 16 of 16 A. Failure to comply with the directives outlined in this policy may result in discipline up to and including termination. RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY COUNCIL TO WAIVE THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.220, SUBSECTION (B), SOLE SOURCE PROCUREMENT, FOR THE POLICE DEPARTMENT'S PURCHASE OF SEVENTY (70) BODY WORN CAMERAS, CLOUD BASED STORAGE OF DIGITAL EVIDENCE, AND INTERNET DATA MANAGEMENT THROUGH EVIDENCE.COM, INCLUDING SUPPORT SERVICES AND ONSITE TRAINING TO ASSIST WITH IMPLEMENTATION FROM TASER INTERNATIONAL, INC., AND AUTHORIZING THE CITY TO AWARD THE PURCHASE, AND AUTHORIZING THE MAYOR TO EXECUTE A FIVE-YEAR CONTRACT IN THE AMOUNT OF $350,890.58 WITH TASER INTERNATIONAL, INC. WHEREAS, the use of Body Worn Cameras (BWCs) has been a growing national trend for law enforcement agencies due to recent high profile events, and have been shown to protect people who make legitimate complaints, but also protect law enforcement agencies when people file false allegations of misconduct or excessive use of force against police officers wearing BWCs; and WHEREAS, from July 2015 through January 2016, the Police Department field tested and evaluated BWCs from four manufacturers, and interviewed representatives from other San Diego County law enforcement agencies who currently utilize BWCs, as well as representatives from the San Diego County District Attorney's Office; and WHEREAS, Taser International Inc. BWCs are rugged, offer high quality recordings, and ease of evidence handling with their secure cloud -based digital evidence management system named Evidence.com., and is the only vendor who offers all of the services necessary to meet the Police Department's needs; and WHEREAS, several law enforcement agencies in San Diego County currently utilize BWCs from Taser International, Inc., including the San Diego Police Department, Chula Vista Police Department, Coronado Police Department, Escondido Police Department, and Carlsbad Police Department; and WHEREAS, the San Diego District Attorney's Office has an Evidence.com license and already works with agencies using the Evidence.com data management system to receive digital evidence, including BWC videos, still digital photographs, and audio recordings, using the Evidence.com portal which would allow for seamless integration for the National City Police Department to share evidence for cases via an email link to the San Diego District Attorney's Office; and WHEREAS, the Police Department desires to enter into an Agreement with Taser International, Inc., beginning on July 1, 2016 to include the purchase of seventy (70) Body Worn Cameras, requisite docking stations, data storage, and data management services from Evidence.com for a term of five years; and WHEREAS, the City Council may waive the formal bid process pursuant to National City Municipal Section 2.60.220(B) that provides for sole source procurements when there is only one source from which a particular commodity is available and there is no adequate substitute, and when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet any urgent procurement need; and Resolution No. 2016 — Page Two WHEREAS, based on the Police Department's research, the Taser International Inc. BWCs and cloud storage through Evidence.com meet the Police Department's needs, are unique from other BWCs and data management systems in that Taser International, Inc. is the only company that offers several unique features together in one package, and there is no adequate substitute for the BWCs and related services offered through Taser International, Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Council to waive the formal bid process pursuant to National City Municipal Code Section 2.60.220, subsection (B), sole source procurement, and authorizes the Mayor to execute a five-year Agreement with Taser International, Inc., in the amount of $350,890.58, for the Police Department's purchase of seventy (70) body worn 1 cameras, cloud based storage of digital evidence, and internet data management through Evidence.com, including support services and onsite training to assist with implementation, from Taser International, Inc. PASSED and ADOPTED this 21st day of June, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney „'(.FTl a CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk TASER INTERNATIONAL Police Department Body Worn Cameras, Digital Evidence Storage and Internet Data Management Bridget Gregory (Police) Forwarded Copy of Agreement to Taser International