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Home My WebLink AboutAXON ENTERPRISE, INC. (5)INSURANCE ON FILE WDRK MAY PROCEED A-2021-020 MAR 2 4 2021 UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE• FOURTH AMENDMENT TO MASTER SERVICE AND PURCHASING AGREEMENT FOR SOFTWARE LICENSES, MAINTENANCE OF EOUIPMENT O. pp �\)(S A t4C(cwc,v-F,fA FOR BODY WORN CAMERA EQUIPMENT THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on February 16, 2021, by and between Axon Enterprise, Inc., a California 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 parties entered into Agreement #A-2017-113, dated May 2, 2017 ("Agreement"), by which Consultant agreed to provide software licenses in support of the Body Worn Camera equipment utilized by the Santa Ana Police Department. The term of the Agreement runs through May 1, 2022, and is still in effect. B. In August 2017, the parties entered into a First Amendment to the Agreement (#A-2017-113- 01) by which the parties agreed to memorialize the change in the Consultant's name to Axon Enterprise and to utilize $25,000 of the contingency funds, previously approved by the City and included additional funds to cover the remaining balance for the purchase of 80 additional Evidence.com unlimited licenses for one year during the term of the original Agreement. C. On December 4, 2018, the parties entered into a Second Amendment to the Agreement (#A- 2018-271) by which the parties amended the Agreement to increase the overall compensation to allow the City to exercise its option and engage the Consultant for the annual maintenance costs for the additional 80 Evidence.com unlimited licenses and the 12 docks for Years 2-5 of the Agreement and compensate the Consultant for services rendered from the expiration of the First Amendment. D. On July 19, 2019, the parties entered into a Third Amendment to the Agreement (#A-2019- 100) by which the parties amended the Agreement to increase the overall compensation to allow the City to purchase sixty (60) additional cameras and six docks, the corresponding Evidence.com unlimited licenses, storage, maintenance, and any supporting equipment for the use of the cameras for Years 3-5 of the Agreement E. The body worn camera system and the software licenses for the use of the body worn cameras are utilized through a system called Evidence.com. The license provides security and encryption of the data accessed from the body worn cameras to prevent unauthorized use or access to the evidence or data obtained by the equipment. F. The parties now wish to farther amend the Agreement to extend the term of the agreement, and increase the overall compensation to allow the City to purchase twenty-four (24) additional cameras, docking stations, Evidence.com unlimited licenses, storage, maintenance, and any supporting equipment for the use of the cameras for Years 4-5 of the Agreement. Page 1 of 2 DocuSign Envelope ID: 7B4E8C8A-OA24-43CD-BDA8-5AE6AAEg10E4 A-2021-02.0 The Parties therefore agree: Section 2, shall be amended to include Axon Quote No. Q-283187-44225.706CN, attached hereto as Exhibit A-5, to memorialize the costs for the City to purchase additional equipment, Evidence.com unlimited licenses, supporting equipment, and maintenance for additional body worn camera units. 2. The total sum to be expended for the payment of the additional services detailed in Exhibit A- 4 shall not exceed $80,624.29. The five-year not -to -exceed Agreement amount will be increased from $2,065,055.96 to $2,145,680.25. 3. Section 3, shall be amended to extend the termination date through June 30, 2022. 4. Except as modified by this Fourth Amendment, all terms and conditions of the Agreement, and all prior amendments to the Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST DAISY GO Clerk of the APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: (L-- TAMARA BOGOSIAN Senior Assistant City Attorney FOR APPROVAL DAVID V. CITY OF SANTA ANA KRISTINE RIDG City Manager CONSULTANT Ooeu519ned by: ssneaaa»�nenvn By: Robert Driscoll Title: VP, Assoc. General counsel Page 2 of 2 DocuSign Envelope ID: 7B4E8CBA-OA24-43CD-BDA8-5AE6AAE918E4 Exhibit A-5 : Fourth Amendment to Agreement #A-2017-113 Axon Enterprise, Inc. 17800 N 85th St Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 SHIP TO Sergio Enriquez Santa Ana Police Dept - CA 60 CIVIC CENTER PLAZA Santa Ana, CA 92703 US BILL TO Santa Ana Police Dept - CA CITY OF SANTA ANA PURCHASING DIVISION M16 20 CIVIC CENTER PLAZA RM 429 SANTA ANA, CA 92701 US Year 4 (Net 30) Item Description Axon Plans & Packages 73683 10 GB EVIDENCE.COM A -LA -CART STORAGE 73746 PROFESSIONAL EVIDENCE.COM LICENSE 73682 AUTO TAGGING LICENSE 73746 PROFESSIONAL EVIDENCE.COM LICENSE EVIDENCE.COM UNLIMITED AXON DEVICE 73686 STORAGE 73683 10 GB EVIDENCE.COM A -LA -CART STORAGE Hardware 73202 AXON BODY 3-NA10 74210 AXON BODY 3 - 8 BAY DOCK WALL MOUNT BRACKET, ASSY, 70033 EVIDENCE.COM DOCK 74028 WING CLIP MOUNT, AXON RAPIDLOCK 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 Other 73837 73835 73842 Q-283187-44225.706 C N y Quote Expiration: 0313112021 Payment Terms: Net 30 Delivery Method: Fedex - Ground Contract Number: 00011822 SALES REPRESENTATIVE Chris Neubeck Phone: 602-708-0074 Email: cneubeck@axon.com Fax: (480) 658-0629 PRIMARY CONTACT Sergio Endquez Phone: (714) 245-8020 Email: senriquez@Santa-ana.org Term Quantity List Unit Net Unit Price Total (USD) (Months) Price 15 30 0.00 0.00 0.00 15 10 0.00 0.00 0.00 15 24 0.00 0.00 0.00 15 24 0.00 0.00 0.00 15 24 0.00 0.00 0.00 15 96 0.00 0.00 0.00 24 699.00 599.00 14,376.00 4 1,495.00 1.495.00 5,980.00 4 43.90 43.90 175.60 24 0.00 0.00 0.00 24 0.00 0.00 0.00 EVIDENCE.COM PROFESSIONAL LICENSE 3 10 117.00 117.00 1,170.00 PAYMENT AUTO TAGGING LICENSE PAYMENT 3 24 27.00 27.00 648.00 UNLIMITED EVIDENCE.COM TAP BUNDLE 3 24 267.00 267.00 6.408.00 PAYMENT Q-28318744225.706CN 2 DocuSign Envelope ID: 7B4E8C8A-OA24-43CD-BDA8-5AE6AAE91OE4 Year 4 (Net 30) (Continued) Item Description Other (Continued) UNLIMITED EVIDENCE.COM TAP BUNDLE 73843 TRUE UP PAYMENT YEAR 1 73827 AB3 CAMERA TAP WARRANTY 73828 A63 8 BAY DOCK TAP WARRANTY 73688 MULTI -BAY BWC DOCK 2ND REFRESH NORTH AMER POWER CORD FOR AB3 8- 71019 BAY, AB2 1-BAY / 6-BAY DOCK Year 5 - 2021 Item Description Other EVIDENCE.COM PROFESSIONAL LICENSE 73837 PAYMENT 73835 AUTO TAGGING LICENSE PAYMENT 73310 AXON CAMERA REFRESH TWO UNLIMITED EVIDENCE.COM TAP BUNDLE 73842 PAYMENT Term (Months) 15 15 15 Term (Months) 12 12 12 Quantity List Unit Net Unit Price Total (USD) Price 24 537.75 537.75 12,906.00 24 0.00 0.00 0.00 4 0.00 0.00 0.00 4 0.00 0.00 0.00 4 0.00 0.00 0.00 Subtotal 41,663.60 Estimated 0.00 Shipping Estimated Tax 3,685.73 Total) 45,349.33 Quantity List Unit Net Unit Price Total (USD) Price 10 468.00 468,00 4,680.00 24 108.00 108.00 2,592.00 24 0.00 0.00 0.00 24 1,068.00 1,068.00 25,632.00 Subtotal 32,904.00 Estimated Tax 2,370.96 Total 35,274.96 Grand Total l 80,624.29 0-283187-44225.706CN 3 DocuSign Envelope ID: 7B4E8C8A-OA24-43CD-BDA8-5AE6AAEg1OE4 AXON Discounts (USo) Quote Expiration: 0313112021 List Amount 76,967.60 Discounts 2,400.00 Total 74,567.60 `Total excludes applicable taxes Q,283187-44225.706 C N 4 Francine Digitally signed by Francine R. Villareal R. Villareal 1a1e:2021.03.22 11:27:58-07'00' CERTIFICATE OF LIABILITY INSURANCE °A'OD"TYY' OfIAIV THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CEH'FIFICATE 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(IBS) must have ADDITIONAL INSURED provislons or be endorsed. It SURROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the corti ieate holder In lieu of such endarsement(e)' PHWUCLH Ann Risk insurance SCrV{CCS WCSt, LAC, phoenix AZ Office CONIACI nABE.FNONE INC. No F..O: tR111,1 2dhyV• FAY [tlNlp 101-Ulei 2555 Cast Canalback Ad. Suite 700 EMAR ADOECS; Phoenix AZ a'3017: USA IN9UnEnt07AFPOnOmocovEnAce NAICY lK RED INSURER A. ScaCrSdale IndRmnity Conti ny 15580 Axon OTterpl^se' Inc. 17900 E. 95nh street Immune a; MSURER a: Scottsdale AZ 65235 USA INA RER n: INSURER 1, INSURER F- �- COVERAGES THIS LS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSIIHEC NAMED ABOVE FOR 1'HE IKXICY PLHIOU INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WACH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSUIHA.NCE AFFOHUEO BY IHE POLICIES DE GliIBED HEHEIN IS SUBJECT 10 AI.L TI It TrNmis. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAPAS. Umlts shown an, as requested L1R1 TYPE BFIMrVNANt[ man VB POLICY TUMULT 1V.➢'YYY MM1I'BB.YYYY 0,1115 A I x O00AEIICULOENERAL LPBIUiy CLOeSwAUk E]OCCL' GNI GI. Excluding Products SIR 11Pglies Ile' Polity LCr ! A'10112012 S d Condl iorc, FACNOCCvrEFNCE Sl'000'000 PHFAARES IE.oe>n1, 1A. Si'mo,00R1 X MEU ExP V.ny vnc rz: xr., 5$0'000 ¢v P¢d Lla...l, Y PENSnNAL S AU1.4.:1RY 51.W0,000 W'Don.1100 atNL AcamsAtL uq-u':,.ILS PLu'. x pcacY ❑Pr1AEcIP I LAJ l rr GE41TIALAccncaATL PnnotcTs. crrr�npaan excluded P¢r O[. y4 U IHEW Xcl Prod/Coip O15 _ _ $1'0fi0'6"U AUTUMOBNE LIABILITY COIA&MEB SIBG:E Lp1n AWA.N^. UIIUILY MJUHY Y¢'penap C/1NEG ECKIL'FP — AJHXI OILY AUIOS H'WTAIMIS rich.GIIF.0 cur AL,^C ONci gaRllYlIgLINY I`W'AYUeury pnOPFR1Y n>MARF - A x ULINELLADAB L%CBSS UMI x I coats � CLAIAI:•�AU.DE GU100 OOOA 51R applies Par polity ter ,3P. /20P s A k ni 03/01y2O71 ions 1A-11Crb-RPICp 9'D00,000 A3oPEO1F 59'D00'IX10 ffr I % HNIENTON WORKERS COMPENSATION AND EUPLOVERR'UAMUTV YIN `.W •DJ�q Ei➢q: PARIIf_fle ERECUIIYE '•, t'LUFCVO.q`.%0.UUl U" {xNx/awry m Hip IN:A I. ow,IUI_ nTn- eL FAGN A�.^.InF'n' CL. CICCASECA EIAPLOYEC JFSr.FpnnH nF nFEFAnCN59¢h C L CIOCAGE-PLr_gYL'rRI TI nFSCR.pTgq OF pPNIgIOVS: LOGATgNS YFH!CLES IADOfIa 1g1. AJdillvrvl Remade 9tM4uIa, mIp e¢ eMvind llnwe epxa Ie lequ:edl uF: purchase s3%ty (60) additional body morn cameras aNI licenses ail supportian e9uipaant, Agreement Number: A-2U17-113. t. li^I' Santa Ana, officers, acIeats, enoloyees and volunteers are included as Additional Tnsrred in accordance with the policy p r,lo ?i[ini Uf the UL•neral Liahi li ty policy. General Liability policy evidenced herein {I Primary and Nnn-Contributory t0 Other ... Jn;.c .,-nimble L. AddlUondi Insured, but only in acLurdance with the Policy's proystuns. d Z U V y' CERTIFICATE HOLDER CANCELLATION a11 SHOIALD MIY OF THE ABOVE DESCMREU POLICIES DE CANCELLED ULFONC Ile. EZPIRATKm DATE THEREOF. NOTCE WILL BE OF.LMF.RFO IN ACCORDANCE WIN THE POLICY PRMDRIONE CI Ly Uf San La Ana AUIMOHIZED REPRESENTAtIve Risk Management Division 20 Civic [enter Plaza Santa An. CA 92702 uu pp PA'kd76AA6 cdas¢s4 GT 988.2015 ACORD CORPO ACORD 25 (2016103) The ACORD name and Ingo are registered marks of ACORD ^.na Risk MamgemadDMaWI .9' REVIEY &APPROV®BY: ®, ® RUk Management Malys[ AGENCY CUSTOMER ID: 570000007117 ACC7B�" LOC 8: ADDITIONAL REMARKS SCHFn111 F e nv[N4v Ann Risk Insurance Services West, Inc. WARD N.JRE] Axon Enterprise, Inc. FnLIlf hIIM.f See certificate Number: 570086248084 :✓t?BIER see Certificate vurrlbc r: 57:71180248084 N4C C:�iJr Fr:ctnee onrL: n. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: AGORU 25 FORM TITLE: Coditi(;ahe of Liability Insurance Products Liability schedule Prudutts/r,Mnppleted Opera Lions coverage 2/1/2021 - 21117022: Policy #034064091 Lexington insurance company claims ,Made coverage Form - Products Liability 10,000,000 Each Occurrence I.imit 10, 000.000 Products/completed Operations Aggregate LLniL 3 5,000,000 Per Claim selF Insured Retention Policy #03-1064092 Lexington Insurance company Occurrence Coverage Form - ProduCts Liability 310,000,000 Each occurrence Limit S10, 000,000 Products/Completed Operations Aggregate Li Mit 3 5,000,000 Per Occurrence Self Insured Retention ACORD III (300a01) The ACORD nnmu AM loan IN N91Atered r %al ACORD Wa4MarmganentDhAsM rREoEWm 61APPRcAn:O By., ��FY�I.II IF_l:' r'l/�m/tit�Z R. V�LfF/rtK unk Management Malyst N CERTIFICATE OF LIABILITY INSURANCE A'," ` ""°' THIS CERTIFICATE 15 ISSUED AS A MATTER 01- 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(Sl, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificale holders an ADDITIONAL INSURED, the policy(icsl must have ADDITIONAL INSURED provisions or be eadorsod. ll SUBROGATION IS WAIVED, subject t0 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 endorsamenhal. PRODUCER ADD Rix+ SnOffirfa SErV1Ce5 41e51, Tff. chowix A] Off1 rC i co"TAcr NwaE. PRONE RI'.f>1 2fli Y:LL I PAN (ACII IAQ IIn. Evlj: t JAC..* 1 141 V19i ApONF.C3: Phoenhoen ixx A AZ 8501G USA INRIIREm(SI AFFORDING COVERAGE NAICp INSURED A%On f4. flirty.• lnl. iCf)rl N. scree: INBUNEH A- Hm'LfV'd fire insurance. r0. 19fi82 29q)q iN tlREp e: Hat tFord cas'Jally Hisw-an Le CU _ t AL srn lT sdalr A2 9s255 USA INSURER c: -- IxTUnEPD, .. INSURERE: _ INSHRENT: THIS IS TOCFR'fUC l°Y TrU% III PCIES CF INS JRANCE LISTED 11e1aiW IIAV'E SEEN ISSUED TO TH@ INSURED NArdE5'4807 FOR tlii. PULCY PER:00 INDICATED N6TOVITHS7010INC; ANY REOUIRENENT. TERRA CR CONDITION Cc ANY CON-;ACTOH 01I II:I1 DOCUMENT WrH RESPECT 'TU WHICH lICH THIS CEETIRCATE MAY SE ISSUED CR MAY PEH7101, THE INSURANCE AFFORDED NY 111E POUC!ES DESCRIBED HEREN rS SUOJECT TO ALL THE TERMS, fk(A.L;$IUN9 ANDtR7AIDITIOilE CP SUCF MLICIES.LMISSliOWNNI4YHAVESEENnLs'UCED11YPAIDCLAIHS. Limfts shown ere AS requested LIH I YeLov,usuHANCE Iflull YryU VUL%:Y NNN&ER NNDn•YYVY` A9WONyYY, MIS+!'G::IINP.FN.^.F CDNnEPC1AL GENErtr,N—. LIABILITY CLdN1s1AADL U.:CLM L.N] . •a: u J VH.R1JSFP F.,11, 1,.Y I� Me E.YP IAry nex P•Nbx,i; PFnSnhaL s ACV IM1JuHy "MThVnRP:NTF.N'TAIMLc$PCn PR' �PC^LR•Y ❑JECI ❑lOC GFNFnAI AocnCCArL PPUPLLTS. C3:P opex or -ER A AUTOXIM IE LUELLRY S9 LJ, FNhllMl UgilQi 2C'2D 72J1eJ4D21 LUVtiIVEp 91461 F I He - k A•r(AUT3 8✓'IIy INJURv I Per Pamnn A.IT:'61CHIY ILU A`T,-'H Doa$ IaF_.11 lTG3 NLTJ La•1{E1, Oa_v Am'ollp I E::nnvlNJum tpn. x:Yir•rn , Pnoei:vY aa14VJL 'Pm A9.Hnnr _ LWaNLLLALMa CCGUrI L.I::101:0.1nNFNCF E%CER9 Wa GL4AtF.tWpF :iIiHFGM1IF =¢u ncrcvnoN U WONaERS COAIPEANAT'ON AND MNFarRSI.n LLAlV AfIY FRI:?R=ifn: %'Alllnl-I I'L•'V! VL E%:llllp'll'+ twu.dalury n NH; nnvrr H:M1 59,tCAC0srD 7722 i2U2!: t14',!ii Lf 02i PeH ti-ATII (5{H LL. EM1::H.I'T:FN :T $1.dtiD,N{111 Sl'000,nn11 C_. WuLA'iE EM1 ELPI IY F ='_pISFAP.F-PJ. kTYLP:IT j $L.ddll,llell U-V Sctl[._Lm U:NIP{In`i nF nPFnR{Ir,Ihs LYI,:v I OEBCPIPTONOr OPERATIOrIW LOOFIIONS' YEHCLES (A.080101, A,kliNonN Remmka sencnl.ro, mxy na x1lxUmd d more apace m rtgN�ed; -!-a city of Sari Ana, its a!rlcc•s• e-plo'/'ees• agents, VOluntee^S and represertarive5 arc •rcluded as AddiTineai lryprpd in .wcordanfe ni'h the pUl i[Y PrOVl'10r5 oh the Aumnrrlli?C LIalt lity policy. Auto^<daile Liability policy eviderLed herein is rr i nary' Ar'A nwrcon Lri butory to Other insura')Ce avdllable to an edditioral Insured, bat only in accerdarfe NILn the policy's movislons. A Wa-ver of Su➢rniia-ier, is jr-anted in tavw' of ce"ONCdle Holder in accordance •sith the policy provisines of ll+m %tolnoSi1a Liability and Workers' compensation pn`.i Ci Ps. CERTIFICATE HOLDER CANCELLATION _ The Ciry of Santa All 11i5k NanallBilent Divisipn 20 Civic Center Plaza, ath Floor Salts Ana CA. 92201 USA SHCULD ANY CF THE AROVE OUSCHNLU VOUCIES BE CANCELLED DEFONC THE LMHATION DATE 1F'c9FOF WJTICC W'IL aE UELIVEREC tN AC"RDANCC WNII NIE POLICY PNOVIEIn1+3. REPREcrurMIVF JrYan k'LJvAksfaPAps ylll`.ire 1jnN'. Jsv, tg1988.2015 ACORD CORP( ACORD 25 (2011H03) The ACORD name and logo are registered marks of ACORD u ays==.,�, RiekManagallnitDfYlebn 0 2 REVIEV/EO is APPROV®BY: ®' Rekhlanagement Malyst AGENCY CUSTOMER ID: 57D000007117 LOC #: 4COR[a Ann ITI A AI AI tlCffim mw +• n. Llu my Pr mar vi t 1%j`1VMV nGIV1Mnn.7 .7Vf7GLJULC Page _ of [ieNLY AAPLU X.nV RPn Ion Risk Insurance Services West, Inc. Axon enterprise, Inc. ,ee (PItificate Nuluher: 57008428782G IAnP 1--: nA6 u:0a lee Cer L;ricare Number: 570084287826 =e=�.ma uAlc THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACOR0 25 FORM TITLE: Carkhoale of Uatnifty insurance Par Li Ciparing WC/E'_ Insurance Cuiopanies -hrin City Tire ins. Co. [AL, CO, rL, 1L, is, LA, ME, MI, MN, MU, NO, NE, NH, NM, NV, OH, 111, PA 'WAf -Hartford Undervri Lers Lns. Co. [AR, DC, CA, M0, NC, A:I, NY, OR. TN, UT] -Property 6 casualty Ins. Co of Hartford [Nn, vAJ -Hartford Insurance Company of the Midwest LCTJ -Hartford Accident and indemnity Insurance Company [MA] -Hartford I.lnyds Ins. Co. [T%] -Sentinel Ins. Co. [CA] +« RlakMamgensaltD[sAelan [ AW1101011bnA01) t=,WOO ACORO CORPOHanrM,- Rkvle 6APPRCIV®RY: r h Risk Management Anaysr rng ACURD name and W90 are rnglsr0md marks of ACORn EFFECTIVE DATE 913012020 TO 913012021 POLICY NUMBER 59UENFN6060 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide braider benefits to the "insured" than other provisions or the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership Interest of more than 50% on the effective date of the Coverage Farm. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that Is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "Insured" under any other policy, (c) That has exhausted Its Limit of Insurance under any other policy, or (d) 180 days or more after Its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results From an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours white using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A. I. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: When you have agreed. in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily Injury" or "property damage" caused by the conduct of an "Insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto" V 2011. The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission) RIekM¢rugonmtDivielan ReoEwae&APPR0VED8Y: f w+c:r.t R. Vj&,WA1 Risk Management Antyst EFFECTIVE DATE 9/30/2020 TO 913012021 POLICY NUMBER 59UENFN6060 The insurance afforded to any such additional insured applies only If the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of Insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other Insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this Insurance is primary and non- contributory with the additional insured's oven insurance. (4) Duties in The Event Of Accident. Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non-Cantributory if Required by Contract Only with respect to Insurance provided to an additional insured in I.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary, If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance Is primary and non-contributory with the additional insured's own insurance, this Insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other Insurance to which the additional insured has been added as an additional Insured. When this insurance is excess, we will have no duty to defend the Insured against any "suit" If any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other Insurers. When this insurance is excess over other insurance, we will pay only our share of tile amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this Insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: n 20111, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) _ Ituknta,,,q�ton;.wt a' c (fREVIEWED 6rAP1PIRo�v/m BY: R6k Management Analyst EFFECTIVE DATE 913012020 TO 913012021 POLICY NUMBER 69UENFN6060 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" On your behalf and at your direction, this insurance will be primary to the "employee's" personal Insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply If you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following lirnil. The most we will pay for 'loss" to any hired "auto " is: (1) $100,000: (2) The actual cash value of Die damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing die damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "less" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership). members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of S50 per day and a maximum limit Of $1,000. 6. LOANILEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of Die "loss" and the "outstanding balance" of the Ioanfleaso. "Outstanding balance" means the amount you owe on the Ioanilease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs 8.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4,c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auta's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon` the covered "auto"; (2) Removable from a housing unit which Is permanently installed in or upon file covered "auto"; (3) An integral pad of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or D 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission_) tusk Maw9mmi tulw"un [ttt:VIEWCD SpAP1PIRI'INI®BY: �_\llrl:Il lit` r4/�ML� Imo. YK wd Risk Management Matyrt EFFECTIVE DATE 9130/2020 TO 913012021 POLICY NUMBER 69UENFN6060 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "aulo's" operating system. b.Section III - Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed In or upon the covered "auto" In a housing. opening or other location that is not normally used by the "auto" manufacturer for the Installation of such equipment; (2) Removable from a permanently Installed housing unit as described in Paragraph 2.a. above or Is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or 5250, whichever deductible is less. 9. EXTRA EXPENSE BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE -of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that Is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of [tie smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement In LOSS CONDITIONS 2.a. - ❑UTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, If you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or Insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disctose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for 'bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 16. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: C2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) RickMa mganentDWIon RE:vi W 6 APPRO By. f mnc Z Vet XWAt ®' Ruk Management Analyst EFFECTIVE DATE 9/3012020 TO 9/30/2021 POLICY NUMBER 59UENFN6060 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Farm. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" In SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, Including mental anguish or death resulting from any of those. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective dale of cancellation. 18, HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Lass, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.lf the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto s actual cash value or replacement cost, whichever Is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date ofloss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is S10,000. For the purposes of the coverage provision, a.A "non -hybrid' auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto Is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one 'loss" is S5.000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps, 92011, The Hartford (includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.. with its permission.) Wok irinwgemmtD(v7slon s ..- ItmewED 6 APPRO BY: elms■®_�1a f"u.ae:ne P,,, V&A,41I R6k Management Malys[ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 59 WE ACOSGD Endorsement Number: Effective Date: D9127120 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: AXON ENTERPRISE. INC. 17800 N 85TH ST SCOTTSDALE AZ 85255 We have the right to recover our payments from anyone liable for an injury covered by Oils 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 for whom you are required by contract or agreement to obtain this waiver from us. Endorsement Is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by Form WC 00 0313 Printed in U.S.A. Process Date: 09/29/20 Policy Exl tt�knto�en�tnrv� ftenEwEv fi APPR.OIVI®Br. ®. ® Ruk MTnrgemen[Matysl