Item 17 - Approve Agreement with Axon Enterprise, Inc.

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Docusign Envelope ID: C98C7CB5-844F-4A19-B309-53909B4AE967 AGREEMENT WITH AXON ENTERPRISE, INC. AND CITY OF SANTA ANA FOR TASER 10 CONDUCTED ENERGY WEAPONS THIS AGREEMENT is made and entered into on this 1st day of October, 2024 by and between Axon Enterprise, Inc., ("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. On December 17, 2019, the City Council authorized a five-year agreement with Axon Enterprise, Inc. for the purchase of the Taser 7 model equipment for the Santa Ana Police Department (SAPD) to provide police officers with a less -lethal enforcement option that minimizes the risk of harm to both officers and suspects (Agreement No. A-2019-243). That Agreement is still in effect. However, Axon Enterprise, Inc. no longer provides a warranty for the Taser 7, and approximately 400 of these units have reached the end of their operational lifespan and are due for replacement. As such, the City desires to retain a Consultant to replace the Taser 7 model equipment. B. The Taser 10 platform is an upgrade to the current Taser 7 platform. Consultant is the only company that manufactures a Taser device and has been serving the law enforcement community for 31 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 that it is knowledgeable in its field and that 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. Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Consultant's TASER Energy Weapon Agreement, identified as Exhibit A, which is 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 10 equipment and services, are not applicable to this Agreement.