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Docu5lgn Envelope ID: A17787FA-E2E4-465E-9081-70763D821085 A-2019-24 3 il�s,I,tiIIdCF _F ON FILE WOCtK MAY T PROCEED MASTER SERVICE AND PURCHASE AGREEMENT WITH CLLt(K OF COUNCIL AXON ENTERPRISE, INC. FOR PURCHASE, TRAINING AND OATCPEC 18 20VAINTENANCE OF THE TASER 7 CONDUCTED ENERGY WEAPON � ACAr. o enz THIS AGREEMENT is made and entered into on this 171 dayof December, 2019 b and between Cy dr. Soren3dh AXON Enterprises, Inc., a Delaware corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in Taser conducted energy weapon hardware, equipment, training, and maintenance. Axon Enterprise, Inc., has developed and distributes less lethal enforcement alternatives to law enforcement agencies with a reduced risk of injury to officers and suspects: B. Consultant, which has an outstanding reputation in the industry, represents that it is able and willing to provide such products and services to the City. Consultant is the only company that manufactures a Taser device and has been serving the law enforcement community for 26 years. Santa Ana Police Department has completed the necessary Request to Exception to Competitive Bidding Process, as Consultant is the sole provider of said services. C. In undertaking the performance of this Agreement, Consultant represents it is knowledgeable in its field and that any products provided and any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1, SCOPE OF SERVICES a. During the term of this Agreement, Consultant shall perform, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately provide the products and complete the services described and set forth in Consultant's TASER 7 Agreement, identified as Exhibit A, which are attached hereto and incorporated by reference, b. The Parties to this Agreement understand and agree that any reference to any products or services owned, maintained and offered by Consultant, which are not specific to the TASER 7 equipment and services, are not applicable to this Agreement. COMPENSATION a, City agrees to pay, and Consultant agrees to accept as total payment for products and services provided to City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $1,272,636.01. b, Payments by City shall be made within thirty (30) days following receipt of proper invoice Page I of 4 #19377v1