AGR-6964.1 - AXON ENTERPRISE INC - FIRST AMENDMENT FOR ADDITIONAL BODY WORN CAMERASe-;
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the
First Amendment") is made and entered into as of ("o 3 , 2020, by and between the
CITY OF ORANGE, a municipal corporation("City"), and AXON ENTERPRISE, INC., a Delaware
corporation("Contractor"), with reference to the following:
A. City and Contractor entered into a Professional Services Agreement (Agreement No.
6964) dated as of March 10, 2020, which is incorporated herein by this reference (the "Original
Agreement"); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and
supplement certain portions of the Original Agreement by revising the Scope of Services and
increasing the compensation.
NOW,THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used
herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. . Cross-References. City and Contractor agree that all references in this First
Amendment are deemed and construed to refer to the Original Agreement, as implemented by this
First Amendment.
Section 3 Revised Scone of Services. The Scope of Services, Section l,Exhibit A of the
Original Agreement, is hereby amended,modified and supplemented to include the services described
on Exhibit A attached hereto and incorporated herein by this reference.
Section 4 Comnensation. The total not-to-exceed compensation for the services to be
rendered as set forth in Section 2.a of the Original Agreement is increased by ONE HUNDRED
FIFTY-TWO THOUSAND SIX HiJNDRED FIFTEEN DOLLARS and 70/100 ($152,615.70) and
Section 2.a is hereby amended in its entirety to read as follows:
Contractor's total compensation for all services performed under this
Agreement, shall not exceed ONE MILLION EIGHT HUNDRED FORTY
THOUSAND EIGHT HUNDRED TWENTY-THREE DOLLARS and 06/100
1,840,823.06)without the prior written authorization of City."
Section 5. Inte ration. This First Amendment amends, as set forth herein, the Original
Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full
force and effect. To the extent that there is any conflict or inconsistency between the terms and
provisions of this First Amendment and the terms and provisions of the Original Agreement,the terms
and provisions of this First Amendment shall control and govern the rights and obligations of the
parties.
IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day
first above written.
CONTRACTOR" CITY"
AXON ENTERPRISE, INC., a Delaware CITY OF ORANGE, a municipal corpor on
corporation
By. gy; J
Printed Name: Robert Driscoll Mark A. Murphy, Mayor
Title: VP,Associate General Counsel
Assistant Secretary
By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
l U,
Mary E. Bi ing
Senior Assistant City Attorn
NOTE:If Contractor is a corporation,the City requires the following signature(s):
1)the Chairman of the Board,the President or a Vice-President,AND(2)the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more than
one corporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in time to the execution of the Agreement, must be provided to the City.
2
EXHIBIT "A"
SUPPLEMENTAL COST PROPOSAL
Behind this page.]
Q-263816-04076.813CM
Axon Enterprise, Inc.
auote xpiration:oi3 2n2o
17800 N 85th St.
Scottsdale,Arizona 85255 Payment Terms:Net 30
United States Delivery Method: Fedex-Ground
Phone:(800)978-2737 Contract Number:00026611
SALES REPRESENTATIVE
Chris Morton
SHIP TO BILL TO Phone:(206)310-6165
Scott Trausch Orange Police Dept.-CA Email:cmorton@axon.com
Orange Police Dept. -CA 1107 N. Batavia Street Fax:
1107 N. Batavia Street Orange, CA 92867 PRIiNARY CONTACT
Orange, CA 92867 US Scott Trausch
US Phone:(714)744-7356
Email:strausch@orangepd.org
Year 1
ltem Description
Term
Quantity
List Unit
et Umi Price TotaJ(US)
Months) Price
j Axon Plans&Packages
73746 PROFESSIONAL EVIDENCE.COM LICENSE
Y
58 24 0.00 0.00 0.00
73686
EVIDENCE.COM UNLIMITED AXON DEVICE
58 24 0.00 0.00 0.00
STORAGE
73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 58 96 0.00 0.00 0.00
Hardware
W T i
r
74210 AXON BODY 3-8 BAY DOCK 4 1,495.00 1,270.75 5,083.00
70033
WALL MOUNT BRACKET,ASSY,
4 43.90 37.32 149.28
EVIDENCE.COM DOCK
73202 AXON BODY 3-NA10 24 699.00 594.15 14,259.60
74028 WING CLIP MOUNT,AXON RAPIDLOCK 29 0.00 0.00 0.00
11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 24 0.00 0.00 0.00
Other ---_---------- __.._.
i------------____ __
73842
UNLIMITED EVIDENCE.COM TAP BUNDLE
10 24 890.00 756.50 18,156.00
PAYMENT
73843
UNLIMITED EVIDENCE.COM TAP BUNDLE
2 24 71.70 60.95 1,462.80
TRUE UP PAYMENT YEAR 1
73828 AB3 8 BAY DOCK TAP WARRANTY 58 4 0.00 0.00 0.00
73827 A63 CAMERA TAP WARRANTY 58 24 0.00 0.00 0.00
Q 263816-44076.813CM
Year 1 (Continued)
Term List Unit
Item Descripfion
Months)
4 ant ty Price
Net Unit Peice Total(USD)
Other(Continued)
71019
NORTH AMER POWER CORD FOR A63 8-
4 0.00 0.00 0.00
BAY,A62 1-BAY/6-BAY DOCK
Subtotal 39,110.68
Estimated
0.00
Shipping
Estimated Tax 3,031.10
Total 42,141.78
Year 2
IYem De criptian
Term
quantity
List Unit
Net Unit Price To4al(U5D)
Months Pri
p Other
73842
UNLIMITEDEVIDENCE.COMTAP BUNDLE '
12 24 ' 1,068.00 1,068.00 `25,632.00
PAYMENT
Subtotal 25,632.00
Estimated Tax 1,986.48
Total 27,618.48
Year 3
Item Desoription
Term
Q a t
List Unit
Net U.nit Pric Totaf(USD)
Months) Price
Other
w
73309 AXON CAMERA REFRESH ONE 24 0.00 0.00 0.00
73842
UNLIMITED EVIDENCE.COM TAP BUNDLE
12 24 1,068.00 1,068.00 25,632.00
PAYMENT
73689 MULTI-BAY BWC DOCK 1ST REFRESH 4 0.00 0.00 0.00
Subtotal 25,632.00
Estimated Tax 1,986.48
Total 27,618.48
Year 4
Term List Unit
Item Description
Months) uantity price
Unit Price Total(USD
Other i
y__---_.__.._------------------__--------J
73842
UNLIMITED EVIDENCE.COM TAP BUNDLE
12 24 1,068.00 1,068.00' 25,632.00PAYMENT
Subtotal 25,632.00
Estimated Tax 1,986.48
Total 27,618.48
Q 263816-44076, 13CM
2
Year 5
Term List Unit
Item Description
Mon#hs+} auantity Pr
Net Unit Price Total(USD)
jOther __
rr.9
73310 AXON CAMERA REFRESH TWO 24 0.00 0.00 0.00
73842
UNLIMITED EVIDENCE.COM TAP BUNDLE
12 24 1,068.00 1,068.00 25,632.00
PAYMENT
73688 MULTI-BAY BWC DOCK 2ND REFRESH 4 0.00 0.00 0.00
Subtotal 25,632.00
Estimated Tax 1,986.48
Total 27,618.48
Grand Totai 15 2,615.70
G1-263816-44076.813C M
3
Discounts uso
Quote Expiration:10/31/2020
List Amount 148,540.40
D is.oeu n t,s 6,901.7
Total 141,638.68
Total excludes applicable taxes
Summary of Payments
a ment Amou n t (U SD)
Year 1 42,141.78
Year 2 27,618.48
Year 3 27,618.48
Year 4 27,618.48
Year 5 27,618.48
Grand Total 152,615.70
Q-263816-4A 076.813CM
4
Notes
This quote is co-termed with quote Q-222234(executed contract#00026611).Year one has been pro-rated to 9.5 months to align with agency annual billing dates.This has
been done according to an anticipated ship date range of 9/1I2020-9/15/2020.The end date of these subscriptions is subject to change if the ship/start date changes.
Axon BWC hardware contained in this quote will be covered under the Technology Assurance Plan(TAP)and will be eligible for 2 replacements at the same time as the
equipment originally deployed on this existing contract as determined by quote Q-222234.
Tax is subject to change at order processing with valid exemption.
Axon's Sales Terms and Conditions
This Quote is governed by the Professional Services Agreement between the City of Orange and Axon Enterprise with an Effective Date of March 10,
2020.Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions.By signing below,you
represent that you are lawfully able to enter into contracts.If you are signing on behalf of an entity(including but not limited to the company,
municipality,or government agency for whom you work),you represent to Axon that you have legal authority to bind that entity.If you do not have this
authority,please do not sign this Quote..
Signature:Date:
Name(Print): Title:
PO# (Or write
N/A):
Please sign and email to Chris Morton at cmorton@axon.com or fax to
Thank you for being a valued Axon customer.For your convenience on your next order,please check out our online store bw.axon.com
The trademarks referenced above are the property of their respective owners.
Axon Internat Use Qnly***
SFDC Contract#:
Order Type:
RMA#:
Address Used:
Re ne 1 Review2 SO#:
Comments:
Q-263816-44076.813C-
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