22

County of Santa Clara
Office of the Sheriff

84164 A

DATE:

January 10, 2017

TO:

Board of Supervisors

FROM:

Laurie Smith, Sheriff

SUBJECT: Body Worn Cameras
RECOMMENDED ACTION
Consider recommendations relating to Body Worn Cameras. (Office of the Sheriff)
Possible action:
a. Receive Anticipated Surveillance Impact Report for Body Worn Cameras.
b. Adopt finding that the benefits of the surveillance technology outweigh the costs
pursuant to Section A40-4 of the Santa Clara County Ordinance Code.
c. Approve Proposed Surveillance Use Policy for Body Worn Cameras for Office of the
Sheriff, that has been reviewed and approved by County Counsel as to form and legality.
d. Approve Request for Appropriation Modification No. 113 - $1,136,002 transferring
$721,492 from the Special Programs Budget and transferring $414,510 from the
Information Services Department budget to the Office of the Sheriff and Sheriff-DOC
Contract budgets, relating to the addition of four positions, training, and equipment to
support the body worn camera program. (Roll Call Vote)
FISCAL IMPLICATIONS
There are no fiscal implications associated with the approval of Recommended Actions A, B,
and C.
Approval of Recommended Action D would increase revenues and expenditures in the
amount of $1,136,002 in the Sheriff’s Office Fiscal Year 2017 budget. The funding increase
would support $414,510 in equipment costs; $422,000 in one-time overtime costs related to
training; and $299,492 salary costs in Fiscal Year 2017.
The salary and equipment costs for Fiscal Year 2018 would be incorporated in the County
Executive’s Recommended Budget for Fiscal Year 2018.
Equipment Costs

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In the FY2016 Recommended Budget, the County allocated a one-time funding of $750,000
and an ongoing funding of $17,000 to equip Sheriff’s Office enforcement staff and Probation
Department armed staff with body-worn cameras under the Special Programs and Reserves
budget. In the FY2017 Recommended Budget, the County allocated $715,000 and projected
an additional $500,000 over a three-year period to equip Custody Bureau and Consumer
Environmental Protection Agency staff with body-worn cameras under the Information
Services Department budget.
The total five-year cost of the equipment including licensing, storage and other related costs
is $3,900,684. The contract amount of $3,980,684 includes $80,000 in contingency fees that
are not guaranteed to the vendor.
The total five-year cost of the contract would exceed the total allocated budget for body-worn
cameras. Based on an implementation schedule that is projected to begin in January 2017,
equipment costs would be $414,510 for Fiscal Year 2017, $979,098 for Fiscal Year 2018,
and $835,692 each for Fiscal Years 2019, 2020 and 2021. Additional funding would be
required to cover equipment costs for Fiscal Years 2019, 2020, and 2021.
Year 1
2017
02/09/17
06/07/17

$
$

250,617
163,893

09/12/17
12/10/17
02/09/18

$
$

102,432
40,974

Year 2
2018

$

Year 3
2019

Year 4
2020

$

835,692

02/09/20

$

835,692

02/09/21
557,916

$

Fiscal Year Total
$

414,510

FY17

$

979,098

FY18

$

835,692

FY19

$

835,692

FY20

835,692

FY21

835,692

02/09/19

$

Year 5
2021

835,692

$

835,692

$

835,692

$

835,692

$

$

835,692

$ 3,900,684

Salary and Overtime Costs
The funding increase would support FY 2017 Personnel Costs of $721,492:
 One-time overtime costs for training. Use of the body-worn cameras would eventually be
part of the Academy curriculum for new deputies.
FY17

185,000 Overtime for Training - Enforcement
237,000 Overtime for Training - Custody
422,000 Total One-Time Overtime Costs

 Addition of one Deputy Sheriff and two Senior Training & Staff Development Specialist
or Sheriff’s Training Specialist positions in the Office of the Sheriff, and one Sheriff’s
Correctional Deputy or Correctional Officer position in the Sheriff-DOC Contract.
FY 17

216,880 1 Dep. Sheriff, 2 Sr. Trng. & Staff Dev. positions
82,612 1 Sheriff's Correctional Dep - or - Correctional Officer
299,492 Total Salary Costs

REASONS FOR RECOMMENDATION
Agenda Date: January 10, 2017

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Pursuant to Section A40-2(b) of the Santa Clara County Ordinance Code, the Sheriff’s Office
must notify and obtain approval from the Board at a properly-noticed public meeting on the
regular calendar before acquiring new surveillance technology.
Pursuant to Section A40-4 of the Santa Clara County Ordinance Code, “…the Board shall
assess whether the benefits to the impacted County department(s) and the community of the
surveillance technology outweigh the costs-including both the financial costs and reasonable
concerns about the impact on and safeguards for privacy, civil liberties, and civil rights.” In
their report submitted to the Board of Supervisors on September 15, 2015, the County
Executive’s Office and County Counsel’s Office noted that empirical research links the use
of body-worn cameras to improved officer behavior, improved citizen behavior, improved
public perceptions of the police, reduction in the number of use of force incidents by officers,
reduction in the degree of forced used by officers, decrease in the number of citizen
complaints, expedited resolution of citizen complaints that are filed, and increased ease in
resolving citizen complaints. Additionally, body-worn cameras could be used as an
additional resource to more effectively investigate allegations and incidents in the field or in
the jails and is expected to save on costs associated with addressing those allegations and
incidents.
The additional positions would provide ongoing support for operational needs such as
developing and updating training courses, providing training, systematically tracking and
responding to records requests, coordinating policy compliance review meetings, and
assisting with investigations. Two of the four positions must be sworn deputies because they
will also serve as the department’s subject matter training experts when providing testimony
in court cases, and because body-worn camera training requires an element of job knowledge
and experience in order to incorporate real-life experiences into the training curriculum.
CHILD IMPACT
The recommended action will have no/neutral impact on children and youth.
SENIOR IMPACT
The recommended action will have no/neutral impact on seniors.
SUSTAINABILITY IMPLICATIONS
The recommended action will have no/neutral sustainability implications.
BACKGROUND
On December 16, 2014 the Board directed Administration to report on the feasibility and
desirability of using body-worn cameras by the Santa Clara County Sheriff’s Office.
On September 15, 2015 the County Executive’s Office and County Counsel’s Office
submitted a report to the Board regarding the feasibility and advisability of the Sheriff’s
Office using body-worn cameras.
The County’s Adopted Budget for Fiscal Year 2016 included a one-time funding of $750,000
and an ongoing allocation of $17,000 for the implementation and maintenance of body-worn
cameras for the Sheriff’s Office enforcement staff and Probation Department armed staff. It
also included ongoing funding for one Information Systems Technician II position in the
Agenda Date: January 10, 2017

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Sheriff’s Office to support the growing number of video capture devices, as well as digital
media information requests.
The County’s Adopted Budget for Fiscal year 2017 included a one-time funding of $715,000
to implement body-worn cameras for badge personnel in the Sheriff’s Office Custody Bureau
and Consumer and Environmental Protection Agency to increase accountability and
transparency in the communities they serve. The project was expected to be executed in two
phases over the course of three years. The total three-year project cost was estimated at
$1,215,000. It also included ongoing funding for one Sheriff’s Sergeant position to support
the ongoing operations of body-worn cameras for the Department of Correction and the
Sheriff’s Office.
On June 21, 2016 the Board adopted the Surveillance-Technology and Community-Safety
Ordinance. The related legislative file included a notation that County Administration had
suspended the acquisition of all surveillance equipment until the Board approved the
ordinance, and that a reserve in the FY 2017 budget has been established to allow projects to
move forward with the understanding that they must comply with the ordinance.
On July 12, 2016 the Sheriff’s Office informed the Procurement Department that it wanted to
acquire body-worn cameras for use by deputies in the field and by correctional officers in the
jails. The Procurement Department worked with the Sheriff’s Office to develop a Request
for Proposal.
On November 21, 2016 the Sheriff’s Office conducted a Body-Worn Camera Community
Meeting in the City of Cupertino. The meeting was attended by members of the public,
including representatives from the People Acting in Community Together (PACT)
organization. Other than questions regarding obtaining a copy of the policy and the
implementation date for the correctional facilities, the public was supportive of implementing
the use of body-worn cameras.
CONSEQUENCES OF NEGATIVE ACTION
The Sheriff’s Office would not be able to move forward with the implementation of bodyworn cameras.
LINKS:
 Linked From:
84213 : Adoption of Salary Ordinance No. NS-5.17.70 amending
Santa Clara County Salary Ordinance No. NS-5.17 relating to compensation of
employees adding one Deputy Sheriff position and two Senior Training and Staff
Development Specialist or Sheriff's Training Specialist positions in the Office of the
Sheriff, and adding one Sheriff's Correctional Deputy or Correctional Officer position
in the Sheriff-DOC Contract. (Office of the Sheriff)
 Linked To: 83832 : Approve Agreement with Taser International, Inc., relating to
providing body worn cameras and an evidence management system and related
accessories, maintenance, and support services in an amount not to exceed $3,980,684
for period December 13, 2016 through December 12, 2021, that has been reviewed and
approved by County Counsel as to form and legality. (Procurement Department)

Agenda Date: January 10, 2017

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ATTACHMENTS:
 BWC - Anticipated Surveillance Impact Report
 BWC - Proposed Use Policy (PDF)
 F85#113 BU230 Body Worn Cameras (PDF)

Agenda Date: January 10, 2017

(PDF)

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County of Santa Clara
Office of the Sheriff
Body Worn Camera (BWC)
Anticipated Surveillance Impact Report
Information Describing the BWC System and How It Works

The BWC system consists of three main components: The camera itself, the docking station, and the
Evidence Management System (EMS) software.
Camera
The first and most visible component of the BWC system is the camera itself, which is usually about the
size and shape of a pack of standard playing cards. The camera is designed to be affixed to a deputy's
uniform and is powered by an internal rechargeable battery. The deputy can start and stop recording by
pressing a button on the face of the camera. The camera does not contain a screen, so video recorded by the
camera cannot be displayed on it.
Some models come with a separate camera and battery pack, in which case the camera is approximately the
size and shape of a tube of lipstick and is designed to be affixed to the user's glasses. The camera is
connected to a battery pack worn on the user's belt with a cable. These models allow the camera to more
closely capture the same field of view that is seen by the user, since the camera moves with the user's head
and is aligned with the user's eyes.

Examples of various styles of BWCs

Docking Station
The second component of the camera is the docking station, which serves two purposes simultaneously:
recharging the camera's battery and retrieving captured video from the camera. Both tasks are done
automatically when the camera is inserted into the docking station. When the camera has finished
delivering its stored videos to the EMS, the videos are deleted from the camera. Docking stations are
permanently installed in appropriate work areas, and typically hold between one and ten cameras.

Attachment: BWC - Anticipated Surveillance Impact Report (84164 : Body Worn Cameras)

I.

EMS
The third component of the system is the Evidence Management System (EMS). All video footage is
uploaded to the EMS via the docking station. The EMS is typically located in cloud-based data centers for
security, scalability, and ease of administration. Users can add metadata to existing videos such as
associated case numbers, incident type, incident dispositions, etc. to make the videos easier to find.
However, once uploaded to the EMS, the videos themselves cannot be altered by the user. Users can view
only those videos that the system administrator has granted permission to view. The video library includes a

BWC Impact Report

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mechanism to copy videos to external media. Video retention settings, system administration settings, and
user permissions are all set in the video library component.
II.

Proposed Purpose

While performing their day-to-day tasks, a deputy will encounter the public under all types of situations. In
instances where the interaction does not contain an element of suspicion that criminal activity is afoot, the
policy would not mandate the use of BWC. However, in instances where the deputy might be expected to
take law enforcement action of any kind, the deputy is expected to record the encounter for the benefit of
both the deputy and the member of the public.
The BWC would be used when the deputy believes there is probable cause that a crime has been or is about
to be committed.
The authorized uses of the BWC system include:
•
•
•
•
•
•

Video recording investigative contacts with members of the public.
Using the resulting videos to provide evidence in criminal investigations
Using the resulting videos to provide evidence in administrative investigations (i.e. allegations of
deputy misconduct)
Using the resulting videos to enhance the accuracy of deputies' reports and testimony in court
Using the resulting videos to provide additional information for deputy evaluation and training
Using the resulting videos as training aids, in the event that an incident captured on a recording
has training value

Prohibited uses of the BWC system include:
•
•
•
•

III.

Recording conversations between other employees without their consent
Making copies of BWC videos for personal use, or disseminated in any form or manner outside
the parameters of the BWC policy
Removing, dismantling, or tampering with any hardware and/or software component of the BWC
system
Recording the provision of patient care at any hospital or health facility, unless the circumstances
dictate the need for BWC activation, such as the patient becoming uncooperative or
resistive/assaultive

Attachment: BWC - Anticipated Surveillance Impact Report (84164 : Body Worn Cameras)

The primary objective of the BWC system is to document deputy contacts, arrests, and critical incidents.
Video footage collected by the BWCs will be used as evidence in both criminal and administrative
investigations.

Locations Where BWCs May Be Deployed

The Sheriff's Office intends to issue one BWC to each deputy in the following divisions:
•
•
•

Patrol - West Valley
Patrol - Headquarters
Patrol - Transit

BWC Impact Report

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Patrol - Parks
Custody - Elmwood
Custody - Main Jail
Civil / Warrants
Special Operations
Investigations
CASU

The cameras will be affixed to the deputies' uniforms for the duration of the deputies' shifts; therefore, they
will be used anywhere inside or outside of Santa Clara County that the deputy may go in the course of duty.
IV.

Potential Impact on Civil Liberties and Privacy

With the introduction of BWCs, deputies will record all enforcement contacts with the public. To that end,
a deputy could find themselves engaged in their lawful duties in both public and private arenas.
Additionally, due to the nature of law enforcement work, a deputy may be required to engage in sensitive
conversations with men and women of all ages, including children.
The right to maintain someone's anonymity versus the need to gain information to maintain public safety is
of paramount concern. The Sheriff’s Office recognizes that all people have a right to privacy and is
committed to protecting and safeguarding civil rights by adhering to the strictest requirements of both state
and federal law concerning release of audio/video recording technology.
In order to minimize violations of privacy, BWC policy provides that:
1. Deputies should record any incident they feel would be appropriate or valuable to document. Patrol
procedures shall require Deputies to activate the BWC.
2. Deputies should inform individuals that they are being recorded whenever possible.
3. Deputies should not activate the BWC and/or use caution when entering a public locker room,
changing room, restroom, doctor's or attorney's office, or other place where individuals unrelated to
the investigation are present and would have a heightened expectation of privacy unless the deputy is
investigating criminal activity or responding to a call for service (i.e., disturbance, etc).
4. Requests for copies of videos be processed pursuant to existing records release policy.
Note: BWC footage will be retained or released in accordance with applicable state and federal law.
Criminal defendants will have access to relevant BWC footage via the court discovery process.
5. All employees are forbidden from making copies of BWC footage for personal use.
6. Video files that were accidentally recorded, or which contain confidential, personal or private
conversations or images unrelated to any ongoing investigations may be redacted or deleted from the
system with proper supervisorial approval. The retention period for BWC footage will be consistent
with the Sheriff’s retention policy.

BWC Impact Report

Attachment: BWC - Anticipated Surveillance Impact Report (84164 : Body Worn Cameras)

•
•
•
•
•
•
•

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V.

Fiscal Cost
Equipment
Year 1
Year 2
Year 3
Year 4
Year 5
Total

$ 557,916.00
$ 835,692.00
$ 835,692.00
$ 835,692.00
$ 835,692.00
$ 3,900,684.00

Bundled cost for equipment, training, and prorated licensing & storage costs
Annual costs that include the Taser Assurance Plan warranty which covers software
licensing and unlimited video storage in Evidence.com and coverage for cameras and
docking stations, including a replacement of all hardware prior to Year 5 of the contract.

CY17
Total

$ 185,000.00 Overtime for Training - Enforcement
$ 230,000.00 Overtime for Training - Custody
$ 415,000.00

Salary Costs
CY17
CY18
CY19
CY20
CY21

$
$

357,065.00
735,122.00 1 FTE Deputy Sheriff
1 FTE Sheriff's Correctional Deputy or Correctional Deputy
TBD
2 FTE Senior Training & Staff Development Specialist or Sheriff's Training Specialist
TBD
TBD

Potential Source of Funding
General Fund

BWC Impact Report

Attachment: BWC - Anticipated Surveillance Impact Report (84164 : Body Worn Cameras)

One-Time Personnel Costs

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County of Santa Clara
Office of the Sheriff
Body Worn Camera (BWC) System
Proposed Use Policy
Purpose

BWCs are small video cameras typically attached to an deputy's clothing, helmet, or sunglasses. They
capture, from a deputy's point of view, video and audio recordings of the deputy's activities, including
traffîc stops, arrests, searches, interrogations, and critical incidents such as deputy-involved shootings' The
primary objective of the BV/C system is to document deputy contacts, arrests, and critical incidents. Video
footage collected by the BWCs will be used as evidence in both criminal and administrative investigations.
Video footage not relevant to any investigation will be discarded after a defined retention period.

II.

Authorized Uses

Authorized uses of the BWC system include:

.
.
.
.
.
.

Video recording investigative contacts with members of the public.
Using the resulting videos to provide evidence in criminal investigations
Using the resulting videos to provide evidence in administrative investigations (e.g., allegations
of deputy misconduct)
Using the resulting videos to enhance the accuracy of deputies' reports and testimony in court
Using the resulting videos to provide additional information for deputy evaluation and training
Using the resulting videos as training aids, in the event that an incident captured on a recording
has training value

Regarding BWC use:

o
o
o

o

Deputies should record any incident they feel would be appropriate or valuable to document.
Deputies should inform individuals that they are being recorded whenever possible.

Deputies should not activate the BWC and/or use caution when entering a public locker room,
changing room, restroom, doctor's or attorney's office, or other place where individuals unrelated
to the investigation are present and would have a heightened expectation of privacy unless the
deputy is investigating criminal activity or responding to a call for service (i.e., disturbance, etc.)

Attachment: BWC - Proposed Use Policy (84164 : Body Worn Cameras)

I.

Video files that were accidentally recorded, or which contain confidential, personal or private
conversations or images unrelated to any ongoing investigations may be redacted or deleted from
the system only after an email request from the affected deputy is thoroughly reviewed and
approved by his/her Division Commander or designee.

Prior to using the BV/C system, users must be trained according to their role (e.g., BV/C users who record
video footage during the course of their duties; an investigator who reviews videos recorded by others; or
both) according to a training curriculum developed by the BWC vendor and the Sherifls Office. Training
will include field applications, a review of the proper function and use of recording devices, recommended

B\ryC Use Policy

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times to employ the system to include incidents of mandatory use, and agency policy and procedures as they
pertain to the use of the BWCs. A written record of the training provided will be completed by the trainer
and maintained in the deputy's training file.
Prohibited uses of the BWC system include:
a

Using the BWC system for personal purposes

a

Recording conversations between other employees without their consent

a

a

Making copies of B'WC videos for personal use, or disseminating those videos in any form or
manner outside the parameters of the BWC policy
Removing, dismantling, or tampering with any hardware and/or software component of the BWC

a

III.

Recording the provision of patient care at any hospital or health 1äcility, unless the circumstances
dictate the need for BWC activation, such as the patient becoming uncooperative or
resistive/assaultive

Data Collection

The BWC collects video and audio recordings of events occurring in the user's presence. As each video is
created, the system automatically stamps the video with the current date I time and the camera user's
identity. The user has the option to add metadata manually to existing recordings after they are created.
Such metadatamay include but is not limited to:
a

Category of contact (from Sheriff s' Offrce defined list)

a

Disposition of contact (arrest, citation, etc.)

a

Associated case number

Any data obtained through the BWC footage must be used and handled pursuant to this policy.

ry.

Data Access

The following people may access video footage collected by the BV/C:
a

a
a

a

a

Deputies may review BWC footage for their involvement in an incident, in order to complete a
criminal investigation and/or prepare official reports. In situations involving an "Offtcer
Involved Incident" as defined by the Santa Clara County Chief s Protocol or a case involving
serious bodily injury, the involved deputy will provide an initial statement to investigators prior
to reviewing any recorded footage of the incident.

Attachment: BWC - Proposed Use Policy (84164 : Body Worn Cameras)

system

Deputies may review BV/C footage prior to courtroom or deposition testimony.

A supervisor may review a specific incident. Supervisors will also randomly audit BWC
recordings on -a monthly basis to ensure that the equipment is operating properly and that
deputies are using BWC's appropriately and in accordance with policy and procedure.
A detective or investigator who is participating in an official investigation, such as a criminal
investigation, a personnel complaint, or an administrative inquiry
Others, with the permission of a supervisor if they are parlicipating in an official investigation or
for other official reasons.

BWC Use Policy

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.

Command staff who review incidents and investigations as part of their duties.

prior to accessing BWC footage, Sheriffs Office employees will be required to complete training in both the
use of the technology and the policy governing such use. Additionally, an account must be created for the
user in the system.
BWC data is treated as evidence, and as such a chain of custody is established by the Evidence Management
System (EMS). This chain of custody is represented via an audit trail, which cannot be altered. The audit
trail will show what video files were viewed, by whom, and in some cases at which terminal'
Data Protection

BV/C data will be uploaded to a Criminal Justice Information System (CJIS) compliant off-site Evidence
Management System (EMS) managed by the BWC vendor. CJIS standards include very strict requirements
for dáta security, including at-rest encryption, strict access control to the physical data center, and
background checks for all employees who have access to the servers. The system contains detailed
confìgurable permissions limiting access to specific groups of videos to authorized users. An audit log is
maintained of all access to video footage.

Once a successful upload of the data to the EMS has occurred, the uploaded data will be evaluated and
authenticated, At this point, all the data on the BWC device will be automatically deleted. The stored data
will be held in the EMS for the data retention period explained below. The BWCs will be stored in
restricted areas not accessible to the general public. Except for a brief period while the BV/Cs are uploading
their data, BWCs stored in this manner will have no data stored on them.

VI.

Data Retention

BWC videos stored in the EMS may be retained for a maximum of one year. If the footage is determined to
be evidence, it will be copied onto removable storage, added to the related case file, and maintained in strict
accordance with applicable state or federal evidentiary laws. The video will then remain on the EMS for the
remainder of the one-year period to serve as back-up in case the downloaded copy becomes corrupted. All
data will be automatically purged from the EMS one year after it is uploaded.

VII.

Public Access

BWC footage will be retained or released in accordance with applicable state and federal law. Criminal
defendants will have access to relevant BV/C footage via the court discovery process. BWC footage shall
be made available to the public or deemed exempt from public disclosure pursuant to state andlot federal
law.

Attachment: BWC - Proposed Use Policy (84164 : Body Worn Cameras)

V.

In addition, BWC footage may be available to parties in civil litigation or traffic-court matters, in response
to a subpoena. BWC footage may also be available pursuant to Court Order.

VIII.

Third-Parfy Data-Sharing

The Evidence Management System is customizable and can allow or deny any level of data-sharing.
Sheriff s Off,rce limits but recognizes the need for data-sharing. The following agencies or situations are
some of the potential third party data-sharing:

.

Other law enforcement agencies with respect to a criminal investigation

BWC Use Policy

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a

District Attorney's Office for use as evidence to aid in prosecution, in accordance with the laws
governing evidence

a

IX.

An

outside administrative investigator who has been retained

by

Administration

Training

X.

Oversight

The BWC Unit is a branch of the Sheriff s Training and Compliance Division. The Unit is supervised by a
Sergeant, who is charged with ensuring compliance with policy. As previously mentioned, the BWC system
tracks the viewing of iideos down to the user and device level. Sheriff s Office procedures call for first-line
supervisors to randomly review BV/C footage on a monthly basis to ensure compliance with policy.
Violations of BWC policy will be treated in accordance with established Sheriffs Office discipline
procedures.

Approved as to Form and Legality

b Coelho
Office of the County Counsel

BWC Use Policy

Attachment: BWC - Proposed Use Policy (84164 : Body Worn Cameras)

Training will be conducted by the vendor for authorized users, and will coveÍ the operation of the camera
and the software necessary to view the recorded BWC footage. Training conducted by the Sheriffs Office
will cover the applicable policy governing the use of the BWC system and operation of the BWC equipment
and software. The Sheriffs Office estimates 1,200 deputies will initially need training, followed by ongoing
training of approximately 50 new users every year. Additional training for newly hired deputies within the
Corrections Bureau or Enforcement Bureau will also be necessary.

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County Of Santa Clara
Request For Appropriation Modification
Fiscal Year =2017

Line# Fund

Budget
Unit

Cost
Center

1

0001

0119

1001 5255500

2

0001

0145

2612 5851000

One Time Funded
Project

3

0001

0230

3924 5101000

Permanent Employees

4

0001

0230

3924 5101000

Permanent Employees

5

0001

0230

3924 5102000

6

0001

0230

7

0001

8

GLA

Description
Contract Services

Job
Code

Funded
Program

F-85 # 113

Revenues

Expenditures
(721,492.00)

0.00

(414,510.00)

B23

0.00

94,764.00

U64

0.00

46,058.00

Salaries Without
Benefits

0.00

6,099.00

3924 5103000

Overtime

0.00

185,000.00

0230

3924 5105500

Uniform Allowance

U64

0.00

354.00

0001

0230

3924 5110100

Retiree Medical
Insurance

B23

0.00

5,884.00

9

0001

0230

3924 5110100

Retiree Medical
Insurance

U64

0.00

2,942.00

10

0001

0230

3924 5110200

Health Insurance

B23

0.00

15,582.00

11

0001

0230

3924 5110200

Health Insurance

U64

0.00

7,655.00

12

0001

0230

3924 5110300

Unemployment
Insurance

B23

0.00

106.00

13

0001

0230

3924 5110300

Unemployment
Insurance

U64

0.00

15.00

14

0001

0230

3924 5110400

FICA - Employer
Share

B23

0.00

5,876.00

15

0001

0230

3924 5110500

Medicare Tax Employer Share

B23

0.00

1,374.00

16

0001

0230

3924 5110500

Medicare Tax Employer Share

U64

0.00

673.00

17

0001

0230

3924 5110600

PERS-Employer Paid
Employer Contribution

B23

0.00

10,392.00

18

0001

0230

3924 5110600

PERS-Employer Paid
Employer Contribution

U64

0.00

16,816.00

19

0001

0230

3924 5110610

PERS - UAAL Contrib
- Misc

B23

0.00

1,232.00

20

0001

0230

3924 5110620

PERS - UAAL Contrib
- Safety

U64

0.00

1,295.00

21

0001

0230

3924 5110700

Workers'
Compensation

B23

0.00

2,802.00

22

0001

0230

3924 5110700

Workers'
Compensation

U64

0.00

3,060.00

23

0001

0230

3924 5851000

One Time Funded
Project

0.00

414,510.00

12/29/2016

Prepared By:

T14517CAMR

Jason Escareno, 299-5164

T230BWCPRO

Attachment: F85#113 BU230 Body Worn Cameras (84164 : Body Worn Cameras)

0.00

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22.c

County Of Santa Clara
Request For Appropriation Modification
Fiscal Year =2017

Line# Fund

Budget
Unit

Cost
Center

24

0001

0235

3124 5101000

25

0001

0235

3124 5102000

26

0001

0235

27

0001

28

GLA

Description
Permanent Employees

Job
Code

Revenues

Expenditures
0.00

40,744.00

Salaries Without
Benefits

0.00

5,436.00

3124 5103000

Overtime

0.00

230,000.00

0235

3124 5105500

Uniform Allowance

T84

0.00

375.00

0001

0235

3124 5110100

Retiree Medical
Insurance

T84

0.00

2,942.00

29

0001

0235

3124 5110200

Health Insurance

T84

0.00

7,655.00

30

0001

0235

3124 5110300

Unemployment
Insurance

T84

0.00

13.00

31

0001

0235

3124 5110500

Medicare Tax Employer Share

T84

0.00

596.00

32

0001

0235

3124 5110600

PERS-Employer Paid
Employer Contribution

T84

0.00

14,898.00

33

0001

0235

3124 5110620

PERS - UAAL Contrib
- Safety

T84

0.00

1,147.00

34

0001

0235

3124 5110700

Workers'
Compensation

T84

0.00

2,707.00

35

0001

0240

3400 5103000

Overtime

0.00

7,000.00

0.00

0.00

Grand Total :

Attachment: F85#113 BU230 Body Worn Cameras (84164 : Body Worn Cameras)

T84

Funded
Program

F-85 # 113

Form ID# Included:
,12338,12133,12135,12321

12/29/2016

Prepared By:

Jason Escareno, 299-5164

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County of Santa Clara
Procurement Department

83832 C

DATE:

January 10, 2017

TO:

Board of Supervisors

FROM:

Jenti Vandertuig, Director of Procurement

SUBJECT: Body Worn Cameras and Evidence Management System
RECOMMENDED ACTION
Approve Agreement with Taser International, Inc., relating to providing body worn cameras
and an evidence management system and related accessories, maintenance, and support
services in an amount not to exceed $3,980,684 for period December 13, 2016 through
December 12, 2021, that has been reviewed and approved by County Counsel as to form and
legality. (Procurement Department)
FISCAL IMPLICATIONS
There is no fiscal impact associated with this contract. Funding for this contract has been
approved in the Fiscal Year 2015-16 and 2016-17 Recommended Budgets. Additional
funding for ongoing costs associated with this contract will be included in the FY 2017-18
Recommended Budget.
REASONS FOR RECOMMENDATION
In August 2016, the Office of the Sheriff submitted a request to the County Procurement
Department to conduct a Request for Proposal (RFP) for body-worn cameras and evidence
management system, and related accessories, maintenance and support/services. The purpose
of the RFP was to select a vendor whose proposal is within the competitive range and could
offer the best value to the County. At the request of the Board of Supervisors and the County
Executive, the Procurement Department provided a report to the Board regarding the
acquisition of body worn cameras and related services at the August 16, 2016 Board meeting.
The Board directed the Administration to solicit expeditiously.
As planned, the Office of the Sheriff and Procurement developed the RFP and on August 31,
2016, RFP-PRO-FY17-0028 was posted on BidSync, the County’s current bid management
system for RFPs. Two addenda were posted to make amendments to the RFP and to respond
to questions received in a timely manner. The RFP closed on September 28, 2016. Five
proposals were received by the RFP closing date and time. The RFP included business and

Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
County Executive: Jeffrey V. Smith

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technical mandatory requirements and proposers were informed that their proposal must meet
all of the mandatory requirements in order to be considered.
During the proposal evaluation phase, the Evaluation Committee (EC), comprised of two
Information Systems (IS) experts and four law enforcement officials from the Office of the
Sheriff, eliminated four of the five proposers due to their inability to meet the mandatory
requirements. Therefore, TASER was the only proposer moved forward to final negotiations.
After completing final negotiations, it was determined that TASER provided a proposal that
was within the competitive and budgetary range. TASER did not qualify for local business
preference; and local preference was not a decisive factor in the award of the proposed
contract.
Pursuant to the conclusion of cost, business and legal terms and conditions negotiations with
TASER, the Procurement Department issued a Notice of Intent to Award to all the suppliers
who responded to the RFP. In accordance with the RFP provisions, the suppliers had five
business days to file a protest.
The maximum value for a five year contact is $3,980,684 which includes $80,000 of
contingency fees which would allow the Office of the Sheriff to make additional purchases of
contracted goods and related services during the five year term, if necessary. The
Countywide agreement can be utilized by other departments who have a need to procure
body worn cameras and related services as approved by the Board. Procurement has
successfully negotiated approximately $967,877 in cost savings.
CHILD IMPACT
The recommended action will have no/neutral impact on children and youth.
SENIOR IMPACT
The recommended action will have no/neutral impact on seniors.
SUSTAINABILITY IMPLICATIONS
The recommended action will have no/neutral sustainability implications.
BACKGROUND
The Office of the Sheriff serves the communities of Cupertino, Los Altos Hills, Saratoga and
the unincorporated areas of Santa Clara County. The Office of the Sheriff also maintains
contracts with the Valley Transportation Authority and the Santa Clara County Parks
Department for law enforcement services. The Office of the Sheriff is also responsible for
the safety and security of the Santa Clara Superior Court system and all of its staff and
oversees and is responsible for the fifth largest jail system in California, which includes the
safety and security of approximately 3,700 inmates who are in custody.
The initial purchaser of the Agreement will be the Office of the Sheriff. Access to the
evidence management system may be given to County agencies and/or departments not
issued body-worn cameras, such as the District Attorney’s Office. It is anticipated that the
Office of the Sheriff will be purchasing and implementing 1200 body-worn cameras through
a staggered rollout plan. The rollout plan is anticipated to be completed within one year;
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
County Executive: Jeffrey V. Smith
Agenda Date: January 10, 2017

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however, variables outside the normal span of control may impact this plan and actual
quantities purchased.
Other County agencies and departments may purchase through the Agreement with prior
written Board of Supervisor approval.
CONSEQUENCES OF NEGATIVE ACTION
The Office of the Sheriff would not implement body-worn cameras and evidence
management system.
STEPS FOLLOWING APPROVAL
Return one copy of the executed Agreement to the County Procurement Department.
LINKS:
 Linked From:
84164 : Consider recommendations relating to Body Worn
Cameras. (Office of the Sheriff)
ATTACHMENTS:
 5500002840 TASER Agreement

(PDF)

Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
County Executive: Jeffrey V. Smith
Agenda Date: January 10, 2017

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DocuSign Envelope ID: 641FF4CB-09C6-40D3-9B45-B740A2758C00

County of Santa Clara
2310 N. First Street, Suite 201
San Jose, CA 95131-1040
Telephone 408-491-7400 ● Fax 408-491-7496
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND
TASER INTERNATIONAL, INC FOR GOODS AND RELATED SERVICES
This agreement is entered into by and between the County of Santa Clara (the “County”) and
TASER International, Inc (“Contractor” or “Vendor”) (the “Agreement”).
On January 10, 2016, the Board of Supervisors approved this Agreement:
KEY PROVISIONS
AGREEMENT TITLE:

Body Worn Cameras and Evidence Management System
and related maintenance, accessories, and support/services.

AGREEMENT NUMBER:

5500002840

AGREEMENT TERM:

December 13, 2016 through December 12, 2021, unless
terminated earlier or otherwise amended with option by
County.

AUTHORIZED USER:

All County agencies and departments with prior written
approval by the Board of Supervisors.
Office of the Sheriff
55 W. Younger Avenue
San Jose, California 95110

COUNTY DEPARTMENT
CONTACT:

Pollyanna Hui at 408-808-4646 or
pollyanna.hui@sheriff.sccgov.org
Peter Robinson at 408-808-4610 or
peter.robinson@sheriff.sccgov.org
Fabian DeSantiago at 408-808-4610 or
Fabian.desantiago@sheriff.sccgov.org

SUPPLIER:

TASER International, Inc.
17800 North 85th Street
Scottsdale, Arizona 85255

SUPPLIER CONTACT:

Chad Kapler
408-480-9539 or ckapler@taser.com

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

Office of the County Executive
Procurement Department

Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
County Executive: Jeffrey V. Smith

Packet Pg. 279

DocuSign Envelope ID: 641FF4CB-09C6-40D3-9B45-B740A2758C00

SUPPLIER NUMBER:

1014959

PURPOSE:

To establish a contract with TASER International, Inc to provide
body worn cameras and evidence management system and
related maintenance, accessories, and support/services.

TAX STATUS:

Non-taxable services and Cloud subscription/Taxable goods.

PAYMENT TERMS:

Net 45 days

TOTAL AGREEMENT VALUE:

Not to Exceed $3,980,684.

COUNTY CONTRACT
ADMINISTRATOR:

Julie Toy, 408-491-7407 or Julie.toy@prc.sccgov.org

REFERENCE:

The following exhibits are incorporated and constitute a material
part of the Agreement:
Exhibit A: County of Santa Clara Amended Terms and
Conditions for Agreement for Goods and Related Services.
Exhibit B: Price Summary
Appendix B-1 – Five Year Pricing and Compensation Plan
Exhibit C: Statement of Work
Appendix C1 – Hardware and System Requirements
Appendix C2 – Preliminary Project Plan
Appendix C3 – Evidence.com Plans
Appendix C4 – User Acceptance Testing
Appendix C5 - Milestone and Deliverables Acceptance Form
Appendix C6 – Final System Acceptance Certificate
Exhibit D:

TASER Master Services and Purchasing Agreement

Exhibit E:

TASER Evidence.Com Terms of Use

Exhibit F:

Professional Services

Exhibit G:

TASER Assurance Plan

Exhibit H:

Axon Integration Services

Exhibit I:

Insurance Requirements

Exhibit J:

Business Associate Agreement

Exhibit K:

County’s Travel Policy

Exhibit L:

Vendor Remote Access

Exhibit M:

User Responsibility Statement

Agreement 5500002840 for Body Worn Camera and Evidence Management System

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Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

23.a

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COUNTY OF SANTA CLARA

CONTRACTOR

_____________________________
Dave Cortese, President
Board of Supervisors

By:

Date: _____________________________

Title:

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

By signing below, signatory warrants and represents that he/she executed this Agreement in
his/her authorized capacity, that he/she has the authority to bind the entity listed below to
contractual obligations and that by his/her signature on this Agreement, the entity on behalf of
which he/she acted, executed this Agreement.

_____________________________

Print: _____________________________
_____________________________

Date: _____________________________
ATTEST

_________________________________
Megan Doyle
Clerk of the Board of Supervisors
Date: _____________________________
APPROVED AS TO FORM AND LEGALITY

___________________________________
Robert Nakamae
Date
Deputy County Counsel

Agreement 5500002840 for Body Worn Camera and Evidence Management System

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EXHIBIT A
COUNTY OF SANTA CLARA AMENDED TERMS AND CONDITIONS
FOR AGREEMENT FOR GOODS AND RELATED SERVICES
NON-EXCLUSIVE AGREEMENT

The Agreement does not establish an exclusive contract between the County and the Contractor.
The County expressly reserves rights to, without limitation, the following: the right to utilize others
to provide products, support and services; the right to request proposals from others with or without
requesting proposals from the Contractor; and the unrestricted right to bid any such product,
support or service.
2.

PRODUCTS

Contractor agrees to provide the County all goods on terms set forth in the Agreement, including all
Exhibits that are attached to the Agreement and incorporated, as well as all necessary equipment
and resources. However, this Agreement does not provide authority to ship goods. That authority
shall be established by contract release purchase orders placed by the County and sent to
Contractor throughout the term of the Agreement. Each and every contract release purchase order
shall incorporate all terms of this Agreement and this Agreement shall apply to same.
ANY ADDITIONAL OR DIFFERENT TERMS OR QUALIFICATIONS SENT BY CONTRACTOR,
INCLUDING, WITHOUT LIMITATION, ELECTRONICALLY OR IN MAILINGS, ATTACHED TO
INVOICES OR WITH ANY GOODS SHIPPED, SHALL NOT BECOME PART OF THE CONTRACT
BETWEEN THE PARTIES. COUNTY’S ACCEPTANCE OF CONTRACTOR’S OFFER IS
EXPRESSLY MADE CONDITIONAL ON THIS STATEMENT.
Contractor shall provide to the County, all documentation and manuals relevant to the goods to be
supplied, at no additional cost. Such documentation shall be delivered either in advance of the
delivery of goods or concurrently with the delivery of goods.
Employees and agents of Contractor, shall, while on the premises of the County, comply with all
rules and regulations of the premises, including, but not limited to, security requirements.
If required, Contractor shall be responsible for installation, training and knowledge transfer
activities in relation to the goods being supplied.
All equipment shall be delivered to a County site specified in the contract release purchase order,
or if not so specified therein, in the Statement of Work/Specifications.
Contractor holds itself out as an expert in the subject matter of the Agreement. Contractor
represents itself as being possessed of greater knowledge and skill in this area than the average
person. Accordingly, Contractor is under a duty to exercise a skill greater than that of an ordinary
person, and the manner in which performance is rendered will be evaluated in light of the
Contractor’s superior skill. Contractor shall provide equipment and perform work in a professional
manner consistent, at minimum, with industry standards.

Agreement 5500002840 for Body Worn Camera and Evidence Management System

4

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

1.

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23.a

Contractor represents that all prices, warranties, benefits and other terms being provided
hereunder are fair, reasonable and commensurate with the terms otherwise being offered by
Contractor to its current customers ordering comparable goods and services.

3.

NECESSARY ACTS AND FURTHER ASSURANCES

The Contractor shall at its own cost and expense execute and deliver such further documents and
instruments and shall take such other actions as may be reasonably required or appropriate to
evidence or carry out the intent and purposes of this Agreement.
4.

COUNTING DAYS

Days are to be counted by excluding the first day and including the last day, unless the last day is
a Saturday, a Sunday, or a legal holiday, and then it is to be excluded.
5.

PRICING

Unless otherwise stated, prices shall be fixed for the term of the Agreement, including all
extensions. If any product listed in this Agreement is discontinued or upgraded prior to delivery,
Contractor shall extend the same pricing towards a comparable replacement which is functionally
equivalent or an upgraded version.
Exhibit B and Appendix B-1 of the Agreement is the basis for pricing and compensation throughout
the term of the Agreement.
Notwithstanding the above, if at any time during the term of the Agreement the Contractor
offers its general customer base special, promotional or reduced pricing when compared with
the price paid by the County, County shall benefit from that pricing, and that pricing shall
apply to the County for any future orders or for any remaining payments at the same time
that is offered to other entities. Contractor is required, on an ongoing basis, to inform the
County of any such special, promotional or reduced pricing. In no event, shall such price
reduction be applied retroactively.
6.

MODIFICATION

This Agreement or any contract release purchase order may be supplemented, amended, or
modified only by the mutual agreement of the parties. No supplement, amendment, or modification
of this Agreement contract release purchase order will be binding on County unless it is in writing
and signed by County’s Procurement Director.
7.

TIME OF THE ESSENCE

Time is of the essence in the delivery of goods by Contractor under this Agreement and any
contract release purchase order. In the event that the Contractor fails to deliver goods and/or
services on time, the Contractor shall be liable for any costs incurred by the County because of
Contractor’s delay. For instance, County may purchase or obtain the goods and/or services
elsewhere and the Contractor shall be liable for the difference between the price in the Agreement
and the cost to the County; or County may terminate on grounds of material and Contractor shall
be liable for County’s damages.

Agreement 5500002840 for Body Worn Camera and Evidence Management System

5

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

County does not guarantee any minimum orders.

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23.a

The rights and remedies of County provided herein shall not be exclusive and are in addition to any
other rights and remedies provided by law. The acceptance by County of late or partial
performance with or without objection or reservation shall not waive the right to claim damage for
such breach nor constitute a waiver of the rights or requirements for the complete and timely
performance of any obligation remaining to be performed by the Contractor, or of any other claim,
right or remedy of the County.
8.

HAZARDOUS SUBSTANCES

If any product being offered, delivered or supplied to the County is listed in the Hazardous
Substances List of the Regulations of the Director of Industrial Relations with the California
Occupational Safety and Health Standards Board, or if the product presents a physical or health
hazard as defined in the California Code of Regulations, General Industry Safety Order, Section
5194 (T8CCR), Hazard Communication, the Contractor must include a Material Safety Data Sheet
(MSDS) with delivery, or shipment. Each MSDS must reference the contract/purchase order
number, and identify the "Ship To Address". All shipments and containers must comply with the
labeling requirements of Title 49, Code of Federal Regulations by identifying the hazardous
substance, name and address of manufacturer, and appropriate hazard warning regarding
potential physical safety and health hazard.
9.

SHIPPING AND RISK OF LOSS

Goods shall be packaged, marked and otherwise prepared by Contractor in suitable containers in
accordance with sound commercial practices. Contractor shall include an itemized packing list with
each shipment and with each individual box or package shipped to the County. The packing list
shall contain, without limitation, the applicable contract release purchase order number.
Unless otherwise specified in writing, all shipments by Contractor to County will be F.O.B. point of
destination. Freight or handling charges are not billable unless such charges are referenced on
the order. Transportation receipts, if required by contract release purchase order, must
accompany invoice. Regardless of F.O.B. point, Contractor agrees to bear all risks of loss, injury,
or destruction to goods and materials ordered herein which occur prior to delivery at County’s
destination; and such loss, injury or destruction shall not release Contractor from any obligation
hereunder.
Any shipments returned to the Contractor shall be delivered as F.O.B. shipping point.
10.

INSPECTION AND RELATED RIGHTS

All goods and services are subject to inspection, testing, approval and acceptance by the
County. Inspection shall be made within 60 days. If the goods, services, or the tender of
delivery fail in any respect to conform to the contract, the County may reject the entire tender,
accept the entire tender, or, if the deliverables are commercially divisible, may, at its option,
accept any commercial unit or units and reject the rest.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

The Contractor shall promptly reimburse the County for the full amount of its liability, or, at
County’s option, the County may offset such liability from any payment due to the Contractor under
any contract with the County.

Contractor shall be responsible to reclaim and remove any rejected goods or items at its own
expense. Should Contractor fail to reclaim or remove any rejected goods or items within a

Agreement 5500002840 for Body Worn Camera and Evidence Management System

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23.a

In the event that the Contractor’s goods are not accepted by County, the Contractor shall be liable
for any costs incurred by the County because of such failure by Contractor. For instance, County
may purchase or obtain the goods elsewhere and the Contractor shall be liable for the difference
between the price in the Agreement and the cost to the County, and any other costs incurred; or
County may terminate for cause on grounds of material breach and Contractor shall be liable for
County’s damages.
The Contractor shall promptly reimburse the County for the full amount of its liability, or, at
County’s option, the County may offset such liability from any payment due to the Contractor under
any contract with the County.
The rights and remedies of County provided herein shall not be exclusive and are in addition to any
other rights and remedies provided by law. The acceptance by County of late or partial
performance with or without objection or reservation shall not waive the right to claim damage for
such breach nor constitute a waiver of the rights or requirements for the complete and timely
performance of any obligation remaining to be performed by the Contractor, or of any other claim,
right or remedy of the County.
11.

ADJUSTMENT BY COUNTY

The County reserves the right to waive a variation in specification of goods or services supplied by
the Contractor. Contractor may request an equitable adjustment of payments to be made by
County if County requires a change in the goods or services to be delivered. Any claim by the
Contractor for resulting adjustment of payment must be asserted within 30 days from the date of
receipt by the Contractor of the notification of change required by County; provided however, that
the Procurement Director, if he/she decides that the facts justify such action, may receive and act
upon any such claim asserted at any time prior to final payment made for goods and services
supplied by Contractor. Where the cost of property made obsolete or excess as a result of a
change is included in the Contractor’s claim for adjustment, the Purchasing Director shall have the
right to prescribe the manner of disposition of such property. Nothing in this clause shall excuse
performance by Contractor.
12.

INVOICING

Contractor shall invoice according to Exhibit B of the Agreement. Invoices shall be sent to the
County customer or department referenced in the individual contract release purchase order.
Invoices for goods or services not specifically listed in the Agreement will not be approved for
payment.
Invoices shall include: Contractor’s complete name and remit-to address; invoice date, invoice
number, and payment term; County contract number; pricing per the Agreement; applicable taxes;
and total cost.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

reasonable time, County shall, at its option dispose of such goods or items and require
reimbursement from Contractor for any costs or expenses incurred.

Contractor and County shall make reasonable efforts to resolve all invoicing disputes within seven
(7) days.

Agreement 5500002840 for Body Worn Camera and Evidence Management System

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AVAILABILITY OF FUNDING

The County's obligation for payment of any contract beyond the current fiscal year end is
contingent upon the availability of funding and upon appropriation for payment to the Contractor.
No legal liability on the part of the County shall arise for payment beyond June 30 of the calendar
year.
14.

PAYMENT

The County’s standard payment term shall be Net 45, unless otherwise agreed to by the parties.
Payment shall be due Net 45 days from the date of receipt and approval of correct and proper
invoices.
Notwithstanding the standard payment term set forth above, the parties agree that the Payment
Term for this Agreement shall be the term set forth in the Key Provisions section of the Agreement
above. If the Payment Term is a prompt payment discount term, then payment shall be made
accordingly. For example, if the Payment Term is 2.25% 10 Net 45, payment shall be due 10 days
from the date the County receives and approves the correct and proper invoice, but no later than
45 days from that date, and the County would take a discount of 2.25% of the total amount of the
invoice if the payment is made in 10 days. The parties also agree that notwithstanding the
Payment Term set forth in the Key Provisions section of the Agreement, that at any time during the
contract term, either party may initiate an early payment discount on an invoice-by-invoice basis
utilizing the Dynamic Discounting functionality of the Ariba Network. Contractor must have a
registered account on the Ariba Network to utilize this functionality.
Payment is deemed to have been made on the date the County mails the warrant or initiates the
electronic fund transfer.
15.

OTHER PAYMENT PROVISIONS

Notwithstanding anything to the contrary, County shall not make payments prior to receipt of
service or goods (i.e. the County will not make “advance payments”). Unless specified in writing in
an individual purchase order, the County will not accept partial delivery with respect to any
purchase order. Any acceptance of partial delivery shall not waive any of County’s rights on an
ongoing basis.
Sales tax shall be noted separately on every invoice. Items that are not subject to sales tax shall
be clearly identified.
Contractor shall be responsible for payment of all state and federal taxes assessed on the
compensation received under this Purchase Order and such payment shall be identified under the
Contractor’s federal and state identification number(s).
The County does not pay Federal Excise Taxes (F.E.T). The County will furnish an exemption
certificate in lieu of paying F.E.T. Federal registration for such transactions is: County #94730482K. Contractor shall not charge County for delivery, drayage, express, parcel post, packing,
cartage, insurance, license fees, permits, cost of bonds, or for any other purpose, unless expressly
authorized by the County.

Agreement 5500002840 for Body Worn Camera and Evidence Management System

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Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

13.

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16.

23.a

LATE PAYMENT CHARGES OR FEES

The Contractor acknowledges and agrees that the County will not pay late payment charges.
DISALLOWANCE

In the event the Contractor receives payment for goods or services, which payment is later
disallowed by the County or state or federal law or regulation, the Contractor shall promptly refund
the disallowed amount to the County upon notification. At County’s option, the County may offset
the amount disallowed from any payment due to the Contractor under any contract with the
County.
18.

TERMINATION FOR CONVENIENCE

The County may terminate this Agreement or any contract release purchase order at any time for
the convenience of the County by giving at least thirty (30) days written notice prior to the intended
date of termination specifying the effective date and scope of such termination. If County
determines that the Contractor’s actions contribute to the curtailment of an essential service or
pose an immediate threat to life, health or property, County may terminate this Agreement
immediately without penalty upon issuing either oral or written notice to the Contractor and without
any opportunity to cure.
In no event shall the County be liable for costs incurred by the Contractor as a result of the
termination or any loss of profits on the resulting order or portion thereof so terminated.
In the event of termination, all finished or unfinished documents, data, studies, maps, photographs,
reports, and other materials (collectively referred to as “materials”) prepared by Contractor under
this Agreement contract release purchase order shall become the property of the County and shall
be promptly delivered to the County. Upon receipt of such materials, County shall pay the
Contractor as full compensation for performance, the unit or pro rata price for the then-accepted
portion of goods and/or services.
19.

TERMINATION FOR CAUSE

County may terminate this Agreement or any contract release purchase order, in whole or in part,
for cause upon thirty (30) days written notice to Contractor. For purposes of this Agreement, cause
includes, but is not limited to, any of the following: (a) material breach of this Agreement or any
contract release purchase order by Contractor, (b) violation by Contractor of any applicable laws or
regulations; (c) assignment or delegation by Contractor of the rights or duties under this Agreement
without the written consent of County or (d) less than perfect tender of delivery or performance by
Contractor that is not in strict conformance with terms, conditions, specifications, covenants,
representations, warranties or requirements in this Agreement or any contract release purchase
order.
In the event of such termination, the Contractor shall be liable for any costs incurred by the County
because of Contractor’s default. The Contractor shall promptly reimburse the County for the full
amount of its liability, or, at County’s option, the County may offset such liability from any payment
due to the Contractor under any contract or contract release purchase order with the County.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

17.

If, after notice of termination under the provisions of this clause, it is determined for any reason that
the Contractor was not in default under this provisions of this clause, the County has the option to

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In lieu of terminating immediately upon contractor’s default, County may, at its option, provide
written notice specifying the cause for termination and allow Contractor 10 days (or other specified
time period by the County) to cure. If, within 10 days (or other specified time) after the County has
given the Contractor such notice, Contractor has not cured to the satisfaction of the County, or if
the default cannot be reasonably cured within that time period, County may terminate this
Agreement at any time thereafter. County shall determine whether Contractor’s actions constitute
complete or partial cure. In the event of partial cure, County may, at its option, decide whether to
(a) give Contractor additional time to cure while retaining the right to immediately terminate at any
point thereafter for cause; or (b) terminate immediately for cause.
20.

TERMINATION FOR BANKRUPTCY

If Contractor is adjudged to be bankrupt or should have a general assignment for the benefit of its
creditors, or if a receiver should be appointed on account of Contractor’s insolvency, the County
may terminate this Agreement immediately without penalty. For the purpose of this Section,
bankruptcy shall mean the filing of a voluntary or involuntary petition of bankruptcy or similar relief
from creditors; insolvency; the appointment of a trustee or receiver, or any similar occurrence
reasonably indicating an imminent inability to perform substantially all of the party’s duties under
this Agreement.
21.

BUDGETARY CONTINGENCY

Performance and/or payment by the County pursuant to this Agreement is contingent upon the
appropriation of sufficient funds by the County for services covered by this Agreement. If funding
is reduced or deleted by the County for services covered by this Agreement, the County may, at its
option and without penalty or liability, terminate this Agreement or offer an amendment to this
Agreement indicating the reduced amount.
22.

DISENTANGLEMENT

Contractor shall cooperate with County and County’s other contractors to ensure a smooth
transition at the time of expiration or termination of this Agreement, regardless of the nature or
timing of the termination. Contractor shall cooperate with County's efforts to ensure that there is no
interruption of work required under the Agreement and no adverse impact on the supply of goods,
provision of services or the County’s activities. Contractor shall return to County all County assets
or information in Contractor’s possession.
For any software programs developed for use under the County's Agreement, Contractor shall
provide a nonexclusive, nontransferable, fully-paid, perpetual, irrevocable, royalty-free worldwide
license to the County, at no charge to County, to use, copy, and modify, all work or derivatives that
would be needed in order to allow County to continue to perform for itself, or obtain from other
providers, the services as the same might exist at the time of termination.
County shall be entitled to purchase at net book value those Contractor assets used for the
provision of services to or for County, other than those assets expressly identified by the parties as
not being subject to this provision. Contractor shall promptly remove from County’s premises, or

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Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

make its notice of termination pursuant to the Termination for Convenience clause and the rights
and obligations of the parties would be in accordance with that provision.

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Contractor shall deliver to County or its designee, at County’s request, all documentation and data
related to County, including, but not limited to, the County Data and client files, held by Contractor,
within sixty (60) days of request.
TASER will not delete any Agency Content as a result of a termination during a period of 365 days
following termination. During this 365-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 365-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
365-day period. TASER has no obligation to maintain or provide any Agency Content after this
365-day period and will thereafter, unless legally prohibited, delete all of Agency Content stored in
the Evidence.com Services. Upon request, TASER will provide written proof that all Agency
Content has been successfully deleted and fully removed from the Evidence.com Services.
The County shall own the video/data contained in the System and can export the data at any time
and for any reason. This may be facilitated in a number of ways including bulk export or in the
format that is compatible with the County’s enterprise database platform, if required by County.
Data may be exported in the format that it was recorded (MP4 for Axon captured assets) or via
system APIs.
Upon Agreement expiration and/or termination of the Agreement, Contractor shall not delete any of
the County’s video/data for 365 days. The County may retrieve its video/data at no additional cost.
After notification is given by the County, and the data is securely deleted, TASER shall confirm
such deletion in writing to the County.
23. DISPUTES
Except as otherwise provided in this Agreement, any dispute arising under this contract that is not
disposed of by agreement shall be decided by the Director of Procurement or designee, who shall
furnish the decision to the Contractor in writing. The decision of the Director of Procurement or
designee shall be final and conclusive. The Contractor shall proceed diligently with the
performance of the contract pending the Director of Procurement’s decision. The Director of
Procurement or designee shall not be required to decide issues that are legal or beyond his or her
scope of expertise.
24.

ACCOUNTABILITY

Contractors will be the primary point of contact for the manufacturer, deliverer or any
subcontractors and assume the responsibility of all matters relating to the purchase, including
those involving the manufacturer and deliverer or any subcontractor, as well as payment issues. If
issues arise, the Contractor must take immediate action to correct or resolve the issues.
25. NO ASSIGNMENT, DELEGATION OR SUBCONTRACTING WITHOUT PRIOR WRITTEN
CONSENT

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

the site of the work being performed by Contractor for County, any Contractor assets that County,
or its designee, chooses not to purchase under this provision.

Contractor may not assign any of its rights, delegate any of its duties or subcontract any portion of
its work or business under this Agreement or any contract release purchase order without the prior
written consent of County. No assignment, delegation or subcontracting will release Contractor

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As used in this provision, "assignment" and "delegation" means any sale, gift, pledge,
hypothecation, encumbrance, or other transfer of all or any portion of the rights, obligations, or
liabilities in or arising from this Agreement to any person or entity, whether by operation of law or
otherwise, and regardless of the legal form of the transaction in which the attempted transfer
occurs.
26.

MERGER AND ACQUISITION

The terms of this Agreement will survive an acquisition, merger, divestiture or other transfer of
rights involving Contractor. In the event of an acquisition, merger, divestiture or other transfer of
rights Contractor must ensure that the enquiring entity or the new entity is legally required to:
A.

Honor all the terms negotiated in this Agreement and any pre-acquisition or pre-merger
Agreement between Contractor and the County, including but not limited to a) established
pricing and fees; b) guaranteed product support until the contract term even if a new product
is released; and c) no price escalation during the term of the contract.

B.

If applicable, provide the functionality of the software in a future, separate or renamed
product, if the acquiring entity or the new entity reduces or replaces the functionality, or
otherwise provide a substantially similar functionality of the current licensed product. The
County will not be required to pay any additional license or maintenance fee.

C.

Give 30-days written notice to the County following the closing of an acquisition, merger,
divestiture or other transfer of right involving Contractor.

27.

COMPLIANCE WITH ALL LAWS & REGULATIONS

Contractor shall comply with all laws, codes, regulations, rules and orders (collectively,
"Regulations") applicable to the goods and/or services to be provided hereunder. Contractor’s
violation of this provision shall be deemed a material default by Contractor, giving County a right to
terminate the contract. Examples of such Regulations include but are not limited to California
Occupational Safety and Health Act of 1973, Labor Code §6300 et. seq. the Fair Packaging and
Labeling Act. and the standards and regulations issued there under. Contractor agrees to
indemnify and hold harmless the County for any loss, damage, fine, penalty, or any expense
whatsoever as a result of Contractor’s failure to comply with the act and any standards or
regulations issued there under.
28.

FORCE MAJEURE

Neither party shall be liable for failure of performance, nor incur any liability to the other party on
account of any loss or damage resulting from any delay or failure to perform all or any part of this
Agreement if such delay or failure is caused by events, occurrences, or causes beyond the
reasonable control and without negligence of the parties. Such events, occurrences, or causes will
include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural
disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil
war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist

Agreement 5500002840 for Body Worn Camera and Evidence Management System

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Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

from any of its obligations or alter any of its obligations to be performed under the Agreement. Any
attempted assignment, delegation or subcontracting in violation of this provision is voidable at the
option of the County and constitutes material breach by Contractor.

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Each party, as applicable, shall give the other party notice of its inability to perform and particulars
in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the
situation and remove, as soon as practicable, the cause of its inability to perform or comply.
The party asserting Force Majeure as a cause for non-performance shall have the burden of
proving that reasonable steps were taken to minimize delay or damages caused by foreseeable
events, that all non-excused obligations were substantially fulfilled, and that the other party was
timely notified of the likelihood or actual occurrence which would justify such an assertion, so that
other prudent precautions could be contemplated.
The County shall reserve the right to terminate this Agreement and/or any applicable order or
contract release purchase order upon non-performance by Contractor. The County shall reserve
the right to extend the agreement and time for performance at its discretion.
29.

CONFLICTS OF INTEREST

Contractor shall comply, and require its subcontractors to comply, with all applicable (i)
requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local
conflict of interest laws and regulations including, without limitation, California Government Code
section 1090 et. seq., the California Political Reform Act (California Government Code section
87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning
disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to
do so constitutes a material breach of this Agreement and is grounds for immediate termination of
this Agreement by the County.
In accepting this Agreement, Contractor covenants that it presently has no interest, and will not
acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or
degree with the performance of this Agreement. Contractor further covenants that, in the
performance of this Agreement, it will not employ any contractor or person having such an interest.
Contractor, including but not limited to contractor’s employees and subcontractors, may be subject
to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the
“Act”), that (1) requires such persons to disclose economic interests that may foreseeably be
materially affected by the work performed under this Agreement, and (2) prohibits such persons
from making or participating in making decisions that will foreseeably financially affect such
interests.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing
service under this Agreement, Contractor shall, upon execution of this Agreement, provide the
County with the names, description of individual duties to be performed, and email addresses of all
individuals, including but not limited to Contractor’s employees, agents and subcontractors, that
could be substantively involved in “making a governmental decision” or “serving in a staff capacity
and in that capacity participating in making governmental decisions or performing duties that would
be performed by an individual in a designated position,” (2 CCR 18701(a)(2)), as part of
Contractor’s service to the County under this Agreement. Contractor shall immediately notify the
County of the names and email addresses of any additional individuals later assigned to provide

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Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike,
interruption or failure of electricity or telecommunication service.

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If the disclosure provisions of the Political Reform Act are applicable to any individual providing
service under this Agreement, Contractor shall ensure that all such individuals identified pursuant
to this section understand that they are subject to the Act and shall conform to all requirements of
the Act and other laws and regulations listed in subsection (A) including, as required, filing of
Statements of Economic Interests within 30 days of commencing service pursuant to this
Agreement, annually by April 1, and within 30 days of their termination of service pursuant to this
Agreement.
30.

INDEPENDENT CONTRACTOR

Contractor shall supply all goods and/or perform all services pursuant to this Agreement as an
independent contractor and not as an officer, agent, servant, or employee of County. Contractor
shall be solely responsible for the acts and omissions of its officers, agents, employees,
contractors, and subcontractors, if any. Nothing herein shall be considered as creating a
partnership or joint venture between the County and Contractor. No person performing any
services and/or supplying all goods shall be considered an officer, agent, servant, or employee of
County, nor shall any such person be entitled to any benefits available or granted to employees of
the County.
Contractor is responsible for payment to sub-contractors and must monitor, evaluate, and account
for the sub-contractor(s) services and operations.
31.

INSURANCE

Contractor shall maintain insurance coverage pursuant to the exhibit setting forth insurance
requirements, if such exhibit is attached to the Agreement.
32.

DAMAGE AND REPAIR BY CONTRACTOR

Any and all damages caused by Contractor’s negligence or operations shall be repaired, replaced
or reimbursed by Contractor at no charge to the County. Repairs and replacements shall be
completed within 72 hours of the incident unless the County requests or agrees to an extension or
another time frame. The clean up of all damage related to accidental or intentional release of
any/all non-hazardous or hazardous material (e.g. hydraulic fluid, fuel, grease, etc.) from
Contractor’s vehicles or during performance shall be the responsibility of the Contractor. All
materials must be cleaned up in a manner and time acceptable to County (completely and
immediately to prevent potential as well as actual environmental damage). Contractor must
immediately report each incident to the County’s Director of Procurement or designee. Damage
observed by Contractor, whether or not resulting from Contractor’s operations or negligence shall
be promptly reported by Contractor to County. County may, at its option, approve and/or dictate
the actions that are in County’s best interests.
33.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

such service to the County under this Agreement in such a capacity. Contractor shall immediately
notify the County of the names of individuals working in such a capacity who, during the course of
the Agreement, end their service to the County.

LIENS, CLAIMS, AND ENCUMBRANCES AND TITLE

The Contractor represents and warrants that all the goods and materials ordered and delivered are
free and clear of all liens, claims or encumbrances of any kind. Title to the material and supplies

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purchased shall pass directly from Contractor to County at the F.O.B. point, subject to the right of
County to reject upon inspection.
ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACT CLAIMS

Contractor hereby assigns to the County all rights, title, and interest in and to all causes of action it
may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act
(Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, materials, or services by the Contractor for
sale to the County pursuant to this Agreement.
35.

INDEMNITY

County shall not be liable for, and Contractor shall defend, indemnify and hold harmless County
and the employees and agents of County (collectively, "County Parties") against any and all claims,
demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses,
damages, expenses, charges or costs of any kind or character, including without limitation
attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to and
arising either directly or indirectly from any act, error, omission or negligence of Contractor or its
contractors, licensees, agents, servants or employees, excepting only Claims caused by the sole
negligence or willfulness of County Parties. The Contractor shall reimburse the County for all
costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the
Contractor is obligated to indemnify, defend and hold harmless the County under its agreement
with the County.
36.

INTELLECTUAL PROPERTY INDEMNITY

Contractor represents and warrants for the benefit of the County and its users that it is the
exclusive owner of all rights, title and interest in the product or services to be supplied. Contractor
shall, at its own expense, indemnify, defend, settle, and hold harmless the County and its agencies
against any claim or potential claim that any good, (including software) and/or service, or County’s
use of any good (including software) and/or service, provided under this Agreement infringes any
patent, trademark, copyright or other proprietary rights, including trade secret rights. Contractor
shall pay all costs, damages and attorneys’ fees that a court awards as a result of any such claim.
In the event of a judgment or injunction from a court of competent jurisdiction limiting or preventing
the County’s use of the Deliverables, Contractor shall provide County with a non-infringing
alternative at no additional cost to the County. The non-infringing alternative shall meet all
specifications set forth in this Agreement. In the event Contractor is unable to provide County with
a non-infringing alternative, County may acquire a comparable non-infringing third party solution.
Contractor shall be responsible for any cost increase between Contractor’s solution and the
comparable non-infringing alternative third party solution.
37.

WARRANTY

a.
The warranties in this section begin upon County’s final acceptance of the Deliverables
and/or services in question and end five (5) years thereafter, unless extended by mutual
agreement by both parties. Contractor warrants that:
i.
Deliverables and/or services furnished hereunder shall conform to the requirements of
this Agreement (including without limitation all descriptions, specifications, and drawings identified
in the SOW) and Contractor’s Documentation. Contractor shall not materially reduce functionality

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Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

34.

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of the Deliverables without a comparable replacement.
ii.
Deliverables shall be free from material defects in materials and workmanship, be free of
illicit or harmful code, not contain hidden files or viruses, not replicate, transmit or activate
themselves, not alter, damage or erase data or computer programs, and not contain open source
code.
iii.
If the Agreement calls for delivery of commercial “off the shelf” software, Contractor
warrants that it shall conform to the requirements of this Agreement.
iv.
All Deliverables supplied shall be new, suitable for the use intended, of the grade and
quality specified, free from all defects in design, material and workmanship, in conformance with all
samples, drawings, descriptions and specifications furnished by the County, in compliance with all
applicable federal, state and local laws and regulations and free of liens, claims and
encumbrances.
v.
Should Deliverables contain third party hardware or software, Contractor shall pass
through any third party warranties to the County and will reasonably cooperate in enforcing them.
Such warranty pass-through will be supplemental to, and not relieve Contractor from Contractor’s
warranty obligations set forth in this section. Should Deliverables contain embedded or third party
hardware or software without a license for County’s use, Contractor shall immediately obtain a
license for County’s benefit at no cost to the County. Said license shall conform to the
requirements set forth in this Agreement.
vi.
All Deliverables are compatible with County’s operating environment.
vii.
Contractor shall perform all services in a workmanlike manner and in accordance with
Contractor’s industry’s standards, but in no event less than a reasonable manner.
viii.
Security features shall be embedded, enabled and active upon delivery to County,
including baseline security configurations for all Deliverables and a defined process to discover
and report to County areas within the Deliverables that are vulnerable to security breaches.
ix.
Contractor represents and warrants that, to the best of its knowledge as of the effective
date of this Agreement, County’s authorized use of the Deliverables will not infringe the intellectual
property rights of any third party.
b.
Contractor shall immediately repair and/or replace any Deliverable not conforming to any
warranty, or provide services to conform to County’s requirements. If Contractor is unable to repair
and/or replace Deliverables or provide services to County’s requirements, Contractor shall
promptly refund to County the full purchase price paid by the County and the County’s Cost to
Cover. This remedy is non-exclusive of other remedies and rights that may be exercised by the
County. Claims for damages may include direct damages, such as cost to repair, as well as
incidental and consequential damages. “Cost to Cover” means the cost, properly mitigated, of
procuring Deliverables and/or services of equivalent capability, function, and performance.
Contractor shall also extend the warranty period for the equivalent period of time that the
Deliverables are not in conformance with the County’s requirements.
c.
At County’s option, Contractor shall use best efforts to repair and/or replace any
Deliverable containing open source code or illicit or harmful code. Contractor shall also extend the
warranty period for the equivalent period of time that the Deliverables are not in conformance with
the County’s requirements.
d.
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. All repairs shall have a 72 hour turnaround time.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

23.a

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

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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.
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.
38.

COOPERATION WITH REVIEW

Contractor shall cooperate with County’s periodic review of Contractor’s performance. Contractor
shall make itself available onsite to review the progress of the project and Agreement, as
requested by the County, upon reasonable advanced notice.
Contractor agrees to extend to the County or his/her designees and/or designated auditor of the
County, the right to monitor or otherwise evaluate all work performed and all records, including
service records and procedures to assure that the project is achieving its purpose, that all
applicable County, State, and Federal regulations are met, and that adequate internal fiscal
controls are maintained.
39.

AUDIT RIGHTS

Pursuant to California Government Code Section 8546.7, the parties acknowledge and agree that
every contract involving the expenditure of public funds in excess of $10,000 may be subject to
audit by the State Auditor.
All payments made under this Agreement shall be subject to an audit at County’s option, and shall
be adjusted in accordance with said audit. Adjustments that are found necessary as a result of
auditing may be made from current billings.
The Contractor shall be responsible for receiving, replying to, and complying with any audit
exceptions set forth in any County audits. The Contractor shall pay to County the full amount of
any audit determined to be due as a result of County audit exceptions. This provision is in addition
to other inspection and access rights specified in this Agreement.
40.

ACCESS AND RETENTION OF RECORDS AND PROVISION OF REPORTS

Contractor shall maintain financial records adequate to show that County funds paid were used for
purposes consistent with the terms of the contract between Contractor and County. Records shall
be maintained during the terms of the Agreement and for a period of four (4) years from its
termination, or until all claims have been resolved, whichever period is longer, unless a longer
period is required under any contract.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

appropriate product user manual or quick start guide.

All books, records, reports, and accounts maintained pursuant to the Agreement , or related to the
Contractor's activities under the Agreement, shall be open to inspection, examination, and audit by
County, federal and state regulatory agencies, and to parties whose Agreements with the County

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Contractor shall provide annual reports that include, at a minimum, (i) the total contract release
purchase order value for the County as a whole and individual County departments, and (ii) the
number of orders placed, the breakdown (by customer ID/department and County) of the quantity
and dollar amount of each product and/or service ordered per year. Annual reports must be made
available no later than 30 days of the contract anniversary date unless otherwise requested.
Contractor shall also provide quarterly reports to the County that show a breakdown by contract
release purchase order (i) the order date (ii) ship date (iii) estimated arrival date (iv) actual arrival
date (v) list of products, services and maintenance items and (vi) the number and details of
problem/service calls and department name that each such call pertains to (including unresolved
problems). Quarterly reports must be made available to the County in electronic format, two (2)
business days after the end of each quarter unless otherwise requested.
41.

ACCESS TO BOOKS AND RECORDS PURSUANT TO THE SOCIAL SECURITY ACT

Access to Books and Records: If and to the extent that, Section 1861 (v) (1) (1) of the Social
Security Act (42 U.S.C. Section 1395x (v) (1) (1) is applicable, Contractor shall maintain such
records and provide such information to
County, to any payor which contracts with County and to applicable state and federal regulatory
agencies, and shall permit such entities and agencies, at all reasonable times upon request, to
access books, records and other papers relating to the Agreement hereunder, as may be required
by applicable federal, state and local laws, regulations and ordinances. Contractor agrees to retain
such books, records and information for a period of at least four (4) years from and after the
termination of this Agreement. Furthermore, if Contractor carries out any of its duties hereunder,
with a value or cost of Ten Thousand Dollars ($10,000) or more over a twelve (12) month period,
through a subcontract with a related organization, such subcontract shall contain these same
requirements. This provision shall survive the termination of this Agreement regardless of the
cause giving rise to the termination.
42.

COUNTY NO-SMOKING POLICY

Contractor and its employees, agents and subcontractors, shall comply with the County’s NoSmoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended
from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus
and all County-owned and operated health facilities, (2) within 30 feet surrounding County-owned
buildings and leased buildings where the County is the sole occupant, and (3) in all County
vehicles.
43.

FOOD AND BEVERAGE STANDARDS

Except in the event of an emergency or medical necessity, the following nutritional standards shall
apply to any foods and/or beverages purchased by Contractor with County funds for Countysponsored meetings or events.

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require such access. County shall have the right to obtain copies of any and all of the books and
records maintained pursuant to the Agreement, upon the payment of reasonable charges for the
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If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1)
fruits, vegetables, whole grains, and low fat and low calorie foods; (2) minimally processed foods
without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques;
and (4) foods with less than 0.5 grams of trans fat per serving. Whenever possible, Contractor shall
(1) offer seasonal and local produce; (2) serve fruit instead of sugary, high calorie desserts; (3)
attempt to accommodate special, dietary and cultural needs; and (4) post nutritional information
and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall
be provided, and the Contractor should consider providing a vegan option. If pre-packaged snack
foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the
snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated
fat; (3) zero trans-fat; (4) no more than 35% of total weight from sugar and caloric sweeteners,
except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of
sodium per serving.
If beverages are to be provided, beverages that meet the County’s nutritional criteria are (1) water
with no caloric sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar
substitutes may be provided as condiments; (3) unsweetened, unflavored, reduced fat (either
nonfat or 1% low fat) dairy milk; (4) plant-derived milk (e.g., soy milk, rice milk, and almond milk)
with no more than 130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice (limited to a
maximum of 8 ounces per container); and (6) other low-calorie beverages (including tea and/or diet
soda) that do not exceed 40 calories per 8 ounce serving. Sugar-sweetened beverages shall not
be provided
44.

NON-DISCRIMINATION

Contractor shall comply with all applicable Federal, State, and local laws and regulations, including
Santa Clara County’s policies, concerning nondiscrimination and equal opportunity in contracting.
Such laws include, but are not limited to, the following: Title VII of the Civil Rights Act of 1964 as
amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (§§ 503 and
504); California Fair Employment and Housing Act (Government Code §§ 12900 et seq.); and
California Labor Code §§ 1101 and 1102. Contractor shall not discriminate against any employee,
subcontractor or applicant for employment because of age, race, color, national origin, ancestry,
religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition,
political beliefs, organizational affiliations, or marital status in the recruitment, selection for training
including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other
forms of compensation. Nor shall Contractor discriminate in provision of services provided under
this contract because of age, race, color, national origin, ancestry, religion, sex/gender, sexual
orientation, mental disability, physical disability, medical condition, political beliefs, organizational
affiliations, or marital status. Contractor’s violation of this provision shall be deemed a material
default by Contractor giving County a right to terminate the contract for cause.
45.

DEBARMENT

Contractor represents and warrants that it, its employees, contractors, subcontractors or agents
(collectively “Contractor”) are not suspended, debarred, excluded, or ineligible for participation in
Medicare, Medi-Cal or any other federal or state funded health care program, if applicable, or from
receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-

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procurement Programs issued by the Federal General Services Administration. Contractor must
within 30 calendar days advise the County if, during the term of this Agreement, Contractor
becomes suspended, debarred, excluded or ineligible for participation in Medicare, Medi-Cal or
any other federal or state funded health care program, as defined by 42. U.S.C. 1320a-7b(f), or
from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or
Non-procurement Programs issued by the Federal General Services Administration. Contractor will
indemnify, defend and hold the County harmless for any loss or damage resulting from the
conviction, debarment, exclusion or ineligibility of the Contractor.
46.

CALIFORNIA PUBLIC RECORDS ACT

The County is a public agency subject to the disclosure requirements of the California Public
Records Act (“CPRA”). If Contractor’s proprietary information is contained in documents or
information submitted to County, and Contractor claims that such information falls within one or
more CPRA exemptions, Contractor must clearly mark such information “CONFIDENTIAL AND
PROPRIETARY,” and identify the specific lines containing the information. In the event of a
request for such information, the County will make best efforts to provide notice to Contractor prior
to such disclosure. If Contractor contends that any documents are exempt from the CPRA and
wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other
appropriate remedy from a court of law in Santa Clara County before the County is required to
respond to the CPRA request. If Contractor fails to obtain such remedy within the time the County
is required to respond to the CPRA request, County may disclose the requested information.
Contractor further agrees that it shall defend, indemnify and hold County harmless against any
claim, action or litigation (including but not limited to all judgments, costs, fees, and attorney’s fees)
that may result from denial by County of a CPRA request for information arising from any
representation, or any action (or inaction), by the Contractor.
47.

POLITICAL REFORM ACT DISCLOSURE REQUIREMENT

Contractor, including but not limited to contractor’s employees and subcontractors, may be subject
to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the
“Act”), that (1) requires such persons to disclose economic interests that may foreseeably be
materially affected by the work performed under the Contract, and (2) prohibits such persons from
making or participating in making decisions that will foreseeably financially affect such interests.
If the disclosure provisions of the Act are applicable to any individual providing service under the
Contract, Contractor shall, upon execution of the Contract, provide the County with the names,
description of individual duties to be performed, and email addresses of all individuals, including
but not limited to Contractor’s employees, agents and subcontractors, that could be substantively
involved in “making a governmental decision” or “serving in a staff capacity and in that capacity
participating in making governmental decisions or performing duties that would be performed by an
individual in a designated position,” (2 CCR 18701(a)(2)), as part of Contractor’s service to the
County under the Contract. Contractor shall ensure that such individuals file Statements of
Economic Interests within 30 days of commencing service under the Contract, annually by April 1,
and within 30 days of their termination of service under the Contract.

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48. SEVERABILITY
Should any part of the Agreement between County and the Contractor or any individual contract
release purchase order be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect the validity of the remainder of the
Agreement or any individual contract release purchase order which shall continue in full force and
effect, provided that such remainder can, absent the excised portion, be reasonably interpreted to
give the effect to the intentions of the parties.
49.

NON-WAIVER

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement will be effective unless it is in writing and signed by County. No
waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure,
right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless
the writing signed by the County so specifies.
50.

USE OF COUNTY’S NAME FOR COMMERCIAL PURPOSES

Contractor may not use the name of the County or reference any endorsement from the County in
any fashion for any purpose, without the prior express written consent of the County as provided by
the Director of Procurement or designee.
51.

HEADINGS AND TITLES

The titles and headings in this Agreement are included principally for convenience and do not by
themselves affect the construction or interpretation of any provision in this Agreement, nor affect
any of the rights or obligations of the parties to this Agreement.
52.

HANDWRITTEN OR TYPED WORDS

Handwritten or typed words have no greater weight than printed words in the interpretation or
construction of this Agreement.
53.

AMBIGUITIES

Any rule of construction to the effect that ambiguities are to be resolved against the drafting party
does not apply in interpreting this Agreement.
54.

ENTIRE AGREEMENT

This Agreement and its Exhibits constitute the final, complete and exclusive statement of the terms
of the agreement between the parties. It incorporates and supersedes all the agreements,
covenants and understandings between the parties concerning the subject matter hereof, and all
such agreements, covenants and understandings have been merged into this Agreement. No prior
or contemporaneous agreement or understanding, verbal or otherwise, of the parties or their
agents shall be valid or enforceable unless embodied in this Agreement.
55.

EXECUTION & COUNTERPARTS

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This Agreement may be executed in one or more counterparts, each of which will be considered an
original, but all of which together will constitute one and the same instrument. The parties agree
that this Agreement, its amendments, and ancillary agreements to be entered into in connection

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with this Agreement will be considered signed when the signature of a party is delivered a method
described under the Contract Execution provision herein. .
NOTICES

All deliveries, notices, requests, demands or other communications provided for or required by this
Agreement shall be in writing and shall be deemed to have been given when sent by registered or
certified mail, return receipt requested; when sent by overnight carrier; or upon email confirmation
to sender of receipt of a facsimile communication which is followed by a mailed hard copy from
sender. Notices shall be addressed to the individuals identified in the Key Provisions of the
Agreement as the County Contract Administrator and the Supplier Contact. Each party may
designate a different person and address by sending written notice to the other party, to be
effective no sooner than ten (10) days after the date of the notice.
57.

ACCOUNT MANAGER

Contractor must assign an Account Manager to the County upon execution of the Agreement to
facilitate the contractual relationship, be fully responsible and accountable for fulfilling the County’s
requirements. Contractor represents and warrants that such person will ensure that the County
receives adequate pre- and post-sales support, problem resolution assistance and required
information on a timely basis.
58.

SURVIVAL

All representations, warranties, and covenants contained in this Agreement, or in any instrument,
certificate, exhibit, or other writing intended by the parties to be a part of their Agreement, will
survive the termination of this Agreement.
59.

GOVERNING LAW, JURISDICTION AND VENUE

This Agreement shall be construed and interpreted according to the laws of the State of California,
excluding its conflict of law principles. Proper venue for legal actions shall be exclusively vested in
state court in the County of Santa Clara. The parties agree that subject matter and personal
jurisdiction are proper in state court in the County of Santa Clara, and waive all venue objections.
60.

CONTRACT EXECUTION

Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a
signed contract, or an electronically signed contract, has the same force and legal effect as a
contract executed with an original ink signature. The term “electronic copy of a signed contract”
refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an
original signed contract in a portable document format. The term “electronically signed contract”
means a contract that is executed by applying an electronic signature using technology approved
by the County.
61.

THIRD PARTY BENEFICIARIES

This agreement does not, and is not intended to, confer any rights or remedies upon any person or
entity other than the parties.

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AUTHORITY

Each party executing the Agreement on behalf of such entity represents that he or she is duly
authorized to execute and deliver this Agreement on the entity’s behalf, including the entity’s Board
of Directors or Executive Director. This Agreement shall not be effective or binding unless it is in
writing and approved by the County Director of Procurement, or authorized designee, as evidenced
by their signature as set forth in this Agreement.
63.

WAGE THEFT PREVENTION

(1) Compliance with Wage and Hour Laws: Contractor, and any subcontractor it employs to
complete work under this Agreement, must comply with all applicable federal, state, and local
wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor
Standards Act, the California Labor Code, and any local Minimum Wage Ordinance or Living Wage
Ordinance.
(2) Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment,
decision, or order” refers to one for which all appeals have been exhausted. Relevant investigatory
government agencies include: the federal Department of Labor, the California Division of Labor
Standards Enforcement, a local enforcement agency, or any other government entity tasked with
the investigation and enforcement of wage and hour laws.
(3) Prior Judgments against Contractor and/or its Subcontractors: BY SIGNING THIS
AGREEMENT, CONTRACTOR AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS,
DECISIONS, OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY
FINDING—IN THE FIVE YEARS PRIOR TO EXECUTING THIS AGREEMENT—THAT
CONTRACTOR OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND
HOUR LAWS. CONTRACTOR FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S)
HAS SATISFIED AND COMPLIED WITH—OR HAS REACHED AGREEMENT WITH THE
COUNTY REGARDING THE MANNER IN WHICH IT WILL SATISFY—ANY SUCH JUDGMENTS,
DECISIONS, OR ORDERS.
(4) Judgments During Term of Contract: If at any time during the term of this Agreement, a court or
investigatory government agency issues a final judgment, decision, or order finding that Contractor
or any subcontractor it employs to perform work under this Agreement has violated any applicable
wage and hour law, or Contractor learns of such a judgment, decision, or order that was not
previously disclosed, Contractor must inform the Office of the County Executive-Countywide
Contracting, no more than 15 days after the judgment, decision, or order becomes final or of
learning of the final judgment, decision or order. Contractor and its subcontractors shall promptly
satisfy and comply with any such judgment, decision, or order, and shall provide the Office of the
County Executive-Countywide Contracting with documentary evidence of compliance with the final
judgment, decision or order within 5 days of satisfying the final judgment, decision, or order. The
County reserves the right to require Contractor to enter into an agreement with the County
regarding the manner in which any such final judgment, decision or order will be satisfied.

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62.

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(5) County’s Right to Withhold Payment: Where Contractor or any subcontractor it employs to
perform work under this Agreement has been found in violation of any applicable wage and hour
law by a final judgment, decision, or order of a court or government agency, the County reserves

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(6) Material Breach: Failure to comply with any part of this Section constitutes a material breach of
this Agreement. Such breach may serve as a basis for termination of this Agreement and/or any
other remedies available under this Agreement and/or law.
(7) Notice to County Related to Wage Theft Prevention: Notice provided to the Office of the County
Executive as required under this Section shall be addressed to: Office of the County Executive—
Countywide Contracting; 70 West Hedding Street; East Wing, 11th Floor; San José, CA 95110.
The Notice provisions of this Section are separate from any other notice provisions in this
Agreement and, accordingly, only notice provided to the above address satisfies the notice
requirements in this Section.
64. COUNTY DATA
“County Data” shall mean data and information received by Contractor from County. As between
Contractor and County, all County Data shall remain the property of the County. Contractor shall
not acquire any ownership interest in the County Data.
Contractor shall not, without County’s written permission consent, use or disclose the County Data
other than in the performance of its obligations under this Agreement.
Contractor shall be responsible for establishing and maintaining an information security program
that is designed to ensure the security and confidentiality of County Data, protect against any
anticipated threats or hazards to the security or integrity of County Data, protect against
unauthorized access to or use of County Data that could result in substantial harm or
inconvenience to County or any end users; and ensure the proper disposal of County data upon
termination of this Agreement.
Contractor shall take appropriate action to address any incident of unauthorized access to County
Data, including addressing and/or remedying the issue that resulted in such unauthorized access,
notifying County as soon as possible of any incident of unauthorized access to County Data, or any
other breach in Contractor’s security that materially affects County or end users; and be
responsible for ensuring compliance by its officers, employees, agents, and subcontractors with
the confidentiality provisions hereof.
Should confidential and/or legally protected County Data be divulged to unauthorized third parties,
Contractor shall comply with all applicable federal and state laws and regulations, including but not
limited to California Civil Code Sections 1798.29 and 1798.82 at Contractor’s sole expense (if
applicable). Contractor shall not charge the County for any expenses associated with Contractor’s
compliance with the obligations set forth in this section.
65. OWNERSHIP RIGHTS AND RESTRICTIONS ON USE
All content collected by the body worn cameras (“County Content”) shall be the sole and exclusive
property of County. To the extent Contractor owns or claims ownership rights to said County
Content, Contractor hereby expressly assigns all said rights, title, and interest in and to the County
Content pursuant to this Agreement and at no additional cost. Contractor shall not, without
County’s written permission, use or disclose County Content other than in the performance of its

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the right to withhold payment to Contractor until such judgment, decision, or order has been
satisfied in full.

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obligations under this Agreement. As between Contractor and County, all County Content shall
remain the property of the County. Contractor shall not acquire ownership interest in the County
Content. Contractor shall defend, indemnify and hold County harmless against any claim, liability,
loss, injury or damage arising out of, or in connection with, the unauthorized use, access, and/or
disclosure of information by Contractor and/or its agents, employees or sub-contractors, excepting
only loss, injury or damage caused by the sole negligence or willful misconduct of personnel
employed by the County.
66.
COUNTY CONFIDENTIAL INFORMATION
“County Confidential Information” shall include all material non-public information, written or oral,
disclosed, directly or indirectly, through any means of communication or observation by County to
Contractor or any of its affiliates or representatives. Contractor shall not, without County’s written
permission, use or disclose County Confidential Information other than in the performance of its
obligations under this Agreement. As between Contractor and County, all County Confidential
Information shall remain the property of the County. Contractor shall not acquire ownership
interest in the County Confidential Information. Contractor shall defend, indemnify and hold
County harmless against any claim, liability, loss, injury or damage arising out of, or in connection
with, the unauthorized use, access, and/or disclosure of information by Contractor and/or its
agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole
negligence or willful misconduct of personnel employed by the County.
67.
LITIGATION SUPPORT
TASER shall employ experts in technology and information security, who can testify in court for the
County, if required by County. TASER shall send an employed expert to testify in court matters free
of expert fee charges (capped at 100 hours per year and excluding reasonable travel expenses) in
relation to the Evidence.com product lines regarding data security and chain of custody matters.
The County must provide TASER with reasonable notice, in no event less than five (5) business
days. If the County requires more than 100 hours per year during the term of the Agreement, an
hourly rate will be negotiated by the parties and travel expenses will be reimbursed by the County
according to the County’s Travel Policy (Exhibit K).
68.
LIMITATION OF LIABILITY
Both parties’ liability for damages to each other for any cause whatsoever, and regardless of the
form of action, whether in contract or in tort, shall be limited to the greater of $10,000,000 or two
(2) times the Total Agreement Value. For purposes of this Section, “Total Agreement Value” will
mean the aggregate Agreement price and any subsequent amendments to this Agreement. In no
event will either party be liable to the other party for any direct, special, indirect, incidental,
exemplary, punitive or consequential damages, however caused, whether for breach of warranty,
breach of contract, negligence, strict liability, tort or under any other legal theory. The foregoing
limitation of liability shall not apply to (i) any indemnity and defense obligations related to
infringement of intellectual property, personal injury, death, property damage, or the California
Public Records Act, (ii) willful misconduct, gross negligence, or fraud, (iii) reasonable attorney’s
fees; or (iv) security or privacy breaches due to Contractor’s negligence or misconduct.

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69.

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ORDER OF PRECEDENCE

1. Key Provisions.
2. Exhibit A: County of Santa Clara Amended Terms and Conditions for Agreement for Goods and
Related Services.
3. Exhibit B: Pricing Summary
Appendix B1 – Five Year Pricing and Compensation Plan
4. Exhibit I: Insurance Requirements.
5. Exhibit J: Business Associate Agreement.
6. Exhibit K: County’s Travel Policy.
7. Exhibit L: Vendor Remote Access.
8. Exhibit M: User Responsibility Statement.
9. Exhibit C: Statement of Work
Appendix C1
Appendix C2
Appendix C3
Appendix C4
Appendix C5
10. Exhibit D: TASER Master Services and Purchasing Agreement
11. Exhibit E: TASER Evidence.com Terms of Use
12. Exhibit F: Professional Services
13. Exhibit G: TASER Assurance Plan
14. Exhibit H: Axon Integration Services

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See Appendix B-1 for five (5) year pricing and compensation plan. Contractor agrees to keep unit
pricing on Appendix B-1 the same for the first 1200 cameras purchased by the County.
Furthermore, the County may swap out Body 2 cameras for Flex 2 cameras at no additional cost,
so long as the County provides TASER notice prior to shipment. County shall give Contractor as
much notice as possible with any swap out requests.
All delivered goods shall be new and unused.
1. Test Trial Cameras
Contractor agrees to provide up to five (5) Flex 2 cameras and related accessories at no additional
cost for County to test for 45 day trial period. County shall give Contractor sufficient advanced
written notice and quantities per each request may vary.
2. Additional Cameras - Bundle Package
Year 1 pricing shall not exceed $801.46/package which shall include:
a.
b.
c.
d.
e.
f.

Axon Body 2 or Flex 2 Camera, or the current model(s) utilized by the County.
Single-bay doc
Basic Evidence.com License
TAP Assurance Plan for the camera (item a. above) and single-bay dock (item b. above)
Unlimited Evidence.com Storage
Integration License

Year 1 pricing may be prorated to co-terminate with current contract term end date.
Subsequent recurring annual fee not to exceed: $696.41/each.
3. Subscription Licenses
Contractor shall provide 120 Pro Version Evidence.com licenses at no additional cost to the County
during the term of the Agreement. If the County opts to purchase additional licenses, the cost of
each Pro license shall not exceed $27.30. First year pricing shall be prorated to co-terminate with
current term end date.
4. Additional Training
Should the County require additional training, Contractor shall provide the training at the following
rate: On-site Training: $2,000 per day, per instructor, at 8 hours per day. No additional travel cost
required.
5. Additional Accessories
Additional Accessories
Model
74018
74019
74020

Product Description
Z-Bracket, Men’s, Axon
Body 2
Z-Bracket, Women’s Axon
Body 2
Magnet, Flexible, Axon Body
2

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Price
$21.22

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EXHIBIT B
PRICING SUMMARY AND COMPENSATION PLAN

$21.22
$21.22

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74022
74023

Magnet, Outerwear, Axon
Body 2
Small Pocket, 4″ (10.1 cm),
Axon Body 2
Large Pocket, 6″ (15.2 cm),
Axon Body 2

$21.22
$21.22
$21.22

6. Unlimited Storage Plan allows the County to upload video with no restrictions.
7. Compensation Plan Terms
7.1 The maximum amount payable for all products and services provided under this Agreement
shall not exceed $ $3,980,684 for the five-year term. Included in the total is $80,000 of contingency
fees which are not guaranteed to the vendor. At County’s option, the contingency fees may be used
to purchase additional goods and services listed in Exhibit B and Appendix B-1. Additional
purchases shall be made via a Contract Release Purchase Order to the Contractor. Any additional
goods and services requested by the County that is not included in the Agreement shall be added
via an Amendment to the Agreement with goods, services and pricing negotiated and agreed upon
by both parties.
7.2 Progress payments shall be made to Contractor by County based on net forty-five (45) days
payment terms, following receipt of invoices that may be issued after acceptance of designated
milestones as shown below in Compensation Plan Table. All payments are based upon County’s
acceptance of Contractor’s performance as evidenced by successful completion of all of the
deliverables as set forth for each milestone. County shall have no obligation to pay unless
Contractor has successfully completed and County has approved the Milestone for which payment
is due.
7.3 Payment for any part or parts of the System provided hereunder, or inspection or testing thereof
by County, shall not constitute acceptance or relieve Contractor of its obligations under this
Agreement. County may inspect the components of the System when delivered and reject upon
notification to Contractor any and all the System, which does not conform to the Specifications or
other requirements of this Agreement. Components of the System, which are rejected shall be
promptly corrected, repaired or replaced by Contractor. If County receives components of the
System with defects or nonconformities not reasonably apparent on inspection, then County
reserves the right to require prompt correction, repair or replacement by Contractor in accordance
with Contractor’s warranty obligations.
7.4 Work shall commence immediately upon execution of the Agreement.
7.5 Invoicing procedure: The County agrees to compensate Contractor for the Services performed
in accordance with the terms and conditions of this Agreement. The actual dates of completion for
each milestone may vary from the estimated completion date indicated in the Project Plan.
Milestone completion date may be updated and revised as mutually agreed upon between County
and Contractor. Payment shall be made based on County acceptance of milestones and
deliverables. No pre-payment permitted, unless approved of by the County.
7.6 For ongoing TAP payments, cloud subscription and storage services after the implementation
period (see Exhibit B) County shall pay net 45 days from each anniversary date for the on-going
Services provided under this Agreement. In the event of early termination of the Agreement,
Contractor shall refund the County any fees not expended and paid in advance on a prorated basis.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

74021

23.a

7.7 Contractor shall submit invoices to designated County contact at the Office of the Sheriff.

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1
1.1
1.2
1.3

Hardware
Body 2 or Flex 2 Cameras
Body Mounting Accessories
Docking Stations - 6 bays

1.4

BWC or Flex Spares

2
2.1
2.2
2.3
3

3.1

4
4.1
4.2

5

6
7

Licenses
Evidence.com Basic Licenses
(extended price includes
proration)
Evidence.com Pro Licenses
Evidence CAD/RMS Integration
licenses (extended price
includes proration)

Quantities

TASER List Price

Year 1 County
Extended Price

1200 each
1200 set
200 each
36 (with 9 delivered
per phase)

$403.79
$ 0.00
$1,512.94

$0.00
$0.00
$0.00

$0.00

$0.00

1200 each
120 each

$180.00
$39.00

$117,000.00
$0.00

1200 each

$180.00

$56,160.00

1200 each

$291.46

$189,450.00

1 lot

$15,000.00/lot

$15,000.00

4 days

$2,000.00/day

$3,726.00

Entire Term

$0.00

$0.00

1200 each

$204.00

$137,700.00

200 each

$216.00

$24,300.00

Subtotal =

$543,336.00

Sales Tax Section 1 only
=

$14,580.00

Year 1 Total =

$557,916.00

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

1. Pricing Table Year 1
Item
#
Description

23.a

Cloud Hosting Storage
Unlimited Axon Video and
Capture Storage (extended
price includes proration)
Professional Services/Trainer
to complete the SOW
Axon Full Day Services
(includes 2 consultants for 5
full days
Axon 1-day Services (includes 1
consultant)
Disaster Recovery Hosting
Services - Dual locations
Taser Assurance Plan (Camera)
(extended price includes
proration)
Taser Assurance Plan (Dock)
(extended price includes
proration)
All hardware shall be new and
unused.
All hardware shipped FOB
destination with freight
prepaid and allowed.

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Contractor will invoice the County for each Phase upon acceptance of each Phase. Contractor will not start charging for the
County for Evidence.com until Phase 1 is accepted. This pricing plan assumes acceptance of Phase 1 by February 15, 2017.
In the event Phase 1 is not accepted by February 15, 2017, Contractor will provide the County with the following credits so
that the County does not have to pay for the Evidence.com licenses prior to acceptance of Phase 1:
Credit Amount
Taser to issue no credits
Taser to issue 1 month of Evidence.com credit

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

Phase 1 Acceptance Date:
If agency accepts prior to 2/15/2017
If agency accepts on or after 2/15/2017 and before
3/15/2017
If agency accepts on or after 3/15/2017 and before
3/31/2017

Taser to issue 2 months of Evidence.com credit

Customer will have the option to choose either Body 2 or Flex 2 at each phase of the deployment, so long as
TASER is notified prior to shipment. Both camera options will be offered at equal cost. Pricing on this quote
reflects an additional 5% discount on years 2-5 and is contingent on the customer paying for all years upfront.
2. Pricing Table Years 2 – 5
Item
#
Description
1
1.1
1.2
1.3
1.4
2

2.1

2.2

2.3

Hardware
Body 2 or Flex 2
Cameras
Body Mounting
Accessories
Docking Stations
- 6 bays
BWC or Flex
Spares
Licenses
Evidence.com
Basic Licenses
(extended price
includes
discount)
Evidence.com
Pro Licenses
(extended price
includes
discount)
Evidence
CAD/RMS
Integration
licenses
(extended price
includes
discount)

Quantities

Year 2 – 5 TASER
List Price

Year 2 – 5 County
Extended Price

1200 each
1200 set
200 each
36 (3% of total number of
cameras deployed)

1200 each

$180.00

$205,200.00

120 each

$39.00

$0.00

1200 each

$180.00

$0.00

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3.1

4.2

Professional
Services/Trainer
to complete the
SOW
Axon Full Day
Services
(includes 2
consultants for 5
full days
Axon 1-day
Services
(includes 1
consultant for 1
day)

5

Disaster
Recovery Hosting
Services - Dual
locations

4

4.1

6
7

Taser Assurance
Plan Body
Camera
Taser Assurance
Plan Dock 2

1200 each

Entire Term

1200 each
200 each

$291.46

$332,268.00

$0.00

$0.00

$204.00

$232,560.00

$216.00
Total Each Year
2–5 =
Total Tax Each
Year 2 – 5 =
Total Each Year
2 – 5 with Tax =

$41,040.00

Agreement 5500002840 for Body Worn Camera and Evidence Management System

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

3

Cloud Hosting
Storage
Unlimited Axon
Video and
Capture Storage
(extended price
includes
discount)

23.a

$811,068.00
$24,624.00
$835,692.00

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3. Compensation Plan

A. YEAR 1 IMPLEMENTATION:
Phase 1- Project Planning,
Implementation, Training & Go-Live
(based upon - struck "approximately" 300
cameras)
Phase 2- Implementation, Training & &
Go-Live (based upon - struck
"approximately" 300 cameras)
Phase 3- Implementation, Training & GoLive
(based upon - struck "approximately" 300
cameras)
Phase 4- Implementation & Training
(based upon - struck "approximately" 300
cameras)
Total Year 1 (initial license, installation, setup)
B. On-going Services:
Year 2 (cloud subscription & storage services)
Year 3 (cloud subscription & storage services)
Year 4 (cloud subscription & storage services)
Year 5 (cloud subscription & storage services)
MAXIMUM COMPENSATION (INITIAL 5-YEAR
TERM)
Final figure includes taxes that will be spread
out through the deployments.
Above figures include sales tax.
All amounts stated above are in United States
Currency.

Estimated
Completion
Date

Payment
Amount

% of Year 1
Total

2/9/2017 $250,617.00

44.92%

6/7/2017 $163,893.00

29.38%

9/12/2017 $102,432.00

18.36%

12/10/2017

Agreement 5500002840 for Body Worn Camera and Evidence Management System

$40,974.00

7.34%

$557,916.00

100%
$835,692.00
$835,692.00
$835,692.00
$835,692.00
$3,900,684.00

32

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

Milestone/Item

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EXHIBIT C
STATEMENT OF WORK

The purpose of the Statement of Work is to document the implementation of a new Body Worn
Camera (“BWC”) and Evidence Management System (“EMS”) (collectively known as “System”) for
the County of Santa Clara, including the scope of services, project activities and assumptions,
project milestones and deliverables and the participation and responsibilities of Contractor and
County staff. The Pricing Summary (Exhibit B) is based on the Project Milestones and Deliverables
described herein.
1.0 OVERVIEW OF SERVICES
1.1 Contractor shall provide, deliver, and implement Body Worn Cameras, Axon Cameras and
Evidence Management System consisting of all related hardware and software.
1.2 The System shall be a cloud-based Software-as-a Service (SaaS) solution hosted on Microsoft
Azure Government Cloud and built around the following components:
a. Body Worn Cameras, including mounting equipment;
b. Docking Stations;
c. Evidence.com Evidence Management System, including mobile applications;
d. Evidence.com Computer Aided Dispatch (CAD)/Records Management System (RMS)
Integration module; and
e. Unlimited Digital Evidence storage.
1.3 Contractor shall supply the expertise, management and full implementation services for the
System, including:
a. Project initiation and management;
b. Equipment, hardware, software installation and integration;
c. Integration;
d. System testing;
e. Hardware and software training;
f.

Placing into production use of the EMS;

g. Ongoing maintenance for equipment, hardware and software.
1.4 Documentation: at a minimum, Contractor shall provide the following materials (printed
hardcopies and digital copies) for the County to keep and use for future training or as needed at no
additional cost:
a. Best Practices Guide
b. End-to-End Deployment Guide

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

The Statement of Work (“Services”) defines the principal activities and responsibilities of TASER
International, Inc. (“TASER” or “Contractor”) and the County of Santa Clara (hereinafter “County”)
for the implementation of the Body Worn Camera and Evidence Management System.

c. User and Administrator Training Lesson Plans
d. Training Outlines
e. Hardware Installation Guides

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23.a

Sample Body-Worn Camera Policies

g. Axon Doc Manuals
i.

Axon Camera Quick Start Guides and User Manuals

j.

Evidence.com Administrator Reference Guide

1.5
Reports. TASER shall provide the following reports or access to the following reports at no
additional cost to the County:
a. Within ten (10) days of request, TASER shall provide to County spend and usage reports in
electronic format.
b. TASER shall make available and accessible system reports to Evidence.com
administrators.
1.6 TASER shall make available and accessible TASER’s Axon Academy, a web-based learning
management system that contains a wide-variety of instructional resources and educational
opportunities for County user, at no additional cost.
2.0 SYSTEM REQUIREMENTS
2.1 The System shall have law enforcement specific functionalities, and the System and its data
shall run in Criminal Justice Information Service (CJIS) compliant facilities and support models.
2.2 The System (hardware and software) shall be of the most recent release and the Contractor
shall provide all hosting, software maintenance, and technical support services for the proposed
solution throughout the term of the contract.
2.3 The System shall adhere to the requirements, at a minimum, as detailed in Appendix C1,
“Hardware and System Requirements.”
3.0 CONTRACTOR RESPONSIBILITIES
3.1 Project Manager (“PM”) – Contractor shall assign a Project Manager to serve as the primary
contact for the project, and will take the lead role in overseeing and providing the services listed
under Sections 8, 9 and 10 below. The PM will work closely with the County’s Project Manager to
ensure that all integrations, configurations and trainings are completed or scheduled prior to
deployment.
3.2 The Contractor’s Project Manager shall be available Monday through Friday (8:00 -5:00 Pacific
Time) except for County holidays.
3.3 Pre-Sales System Engineer – Contractor shall assign a Pre-Sales System Engineer to oversee
all network/technical needs and integrations with the County’s current systems (e.g. CAD/RMS
integration, light bar activation, etc.). The Pre-Sales System Engineer will work in collaboration
with the County’s IT point of contact to assess current bandwidth, calculate the potential network
impact of the Body Worn Camera System and develop ways to reduce network impact. The PreSales System Engineer will also assist with calculating the exact network impact and development.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

h. Evidence Sync Set Up and User Manuals

3.4 Professional Services Manager – Contractor shall assign a Professional Services Manager to
assist with all aspects of training.
3.5 Regional Support Manager - Contractor shall assign a Regional Support Manager to act as a
supplemental point of contact at Contractor’s headquarters.

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3.6 Contractor shall coordinate and oversee the installation of the System.
3.7 Five days after commencement of contract, Contractor shall meet with the County project team
to finalize the Project Plan, including specific dates and deliverables. The final Project Plan shall be
approved by the County in writing.

3.9 Contractor shall prepare draft Test Acceptance Plan for review and approval by County.
3.10 Contractor shall maintain project communications with the County’s Project Manager.
3.11 Contractor shall monitor the project to ensure that support resources are available as
scheduled and as identified in the Agreement.
3.12 Contractor shall manage the efforts of the Contractor staff and coordinate Contractor activities
with the County’s Project Manager.
3.13 Contractor shall provide regular (e.g. daily or as required) phone conversations between the
Contractor’s Project Manager and the County’s Project Manager until such time as both parties
develop a mutually agreeable level of communication.
3.14 Contractor shall participate in weekly meetings with the County’s implementation team.
Participation can be waived by mutual agreement.
3.15 Contractor shall provide timely responses to critical issues raised by the County’s Project
Manager.
3.16 Contractor shall prepare and submit project change proposals to the County’s Project
Manager as necessary for consideration and pre-approval. Changes to the Statement of Work
shall be done in writing via a Change Notice and shall be approved and signed by both parties.
4.0 COUNTY RESPONSIBILITIES
4.1 County Resources
a. The County will appoint a Project Manager, whom the Contractor’s Project Manager will
report to.
b. The County will provide system administration of the new system(s) once implemented and
accepted.
4.2 Technical Tasks
a. County pays the cloud subscription fees;
b. County will procure the necessary software licenses as required; and
c. County, in conjunction with the Contractor, will perform acceptance testing of all software
recommendations and installations.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

3.8 Contractor shall resolve deviations from the Project Plan with timely cooperation by County.

4.3 Administrative Tasks
4.3.1 County shall:

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a. Facilitate all required logistics, including scheduling, room reservations, hardware, etc.
needed for workshops and training;

c. Provide workshop/training facilities on-site. Contractor will be provided reasonable access
to the training/workshop facilities, such as the building, room, and hardware;
d. Provide enterprise account privileges and passwords to Contractor as needed; and
e. Provide a work space and a computer when Contractor is working on-site.
4.4 Provision of Data:
4.4.1 County shall:
a. Provide Contractor access to Intergraph CAD/RMS system, schema design, technical
resources and available Application Programming Interface (API);
b. Provide Contractor access to Versaterm RMS system, schema design, technical resource
and available API.
5.0 INTEGRATION
5.1 Contractor shall provide an integration module that will allow the EMS to interact with
CAD/RMS.
5.2 Integration module shall be used by County to automatically tag videos recorded on BWC’s with
a case ID, category and location.
5.3 Integration module shall allow users to auto-populate video met-data saved to the EMS based
on data already contained in the County’s CAD/RMS.
5.4 County shall provide Contractor with access to the required computers, network systems, and
CAD/RMS solely for the purpose of performing the integration services.
5.5 Contractor shall perform integration services as described in Exhibit H, “Axon Integration
Services”.
6.0 SOFTWARE LICENSES
6.1 Evidence.com Plan Licenses
6.1.1. Contractor shall provide software licenses for the Evidence.com Unlimited application to
the number of users set forth in Exhibit B, Price Summary and Compensation Plan, as may be
amended.
6.1.2. Contractor shall provide licenses for the Evidence.com Standard application to the number
of administrative users and/or users not provided a body worn camera set forth in Exhibit B, Pricing
Summary and Compensation Plan, as may be amended. These licenses shall be at no additional
charge.

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Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

b. Provide follow-up written comments to Contractor when necessary within three business
days following review sessions;

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6.1.3. Contractor shall provide licenses for the Evidence.com Pro application as set forth on
Exhibit B, Pricing Summary and Compensation Plan, to the limited number of administrative users
and/or users not provided a body worn camera, as identified by the County, These licenses shall be
at issued no additional charge.
The features included in each application shall be as described in Appendix C1.

6.2 CAD/RMS Integration Licenses
6.2.1. Contractor shall provide licenses for the Evidence.com CAD/RMS Integration application to
the limited number of users, identified by the County, set forth in Exhibit B, Pricing Summary and
Compensation Plan, as may be amended. These licenses shall be at no additional charge.
6.2.2 If additional Evidence.com Unlimited licenses are required by the County, Contractor shall
provide additional licenses at the rates listed in Exhibit B, Pricing Summary and Compensation
Plan.
7.0 SCHEDULE
7.1 Contractor shall complete development, delivery, installation, training, testing and final
acceptance for go-live date according to the Project Plan. Notwithstanding the foregoing, the
Parties agree the schedule and completion assumes timely response from the County. Contractor
understands time is expressly made of the essence with respect to each and every task and related
deliverables.
7.2 A preliminary Project Schedule is included as Appendix C2. Contractor will present a draft
Project Schedule at the Project Kick-off. Following collaborative review by the County and
Contractor, the Project Schedule will be updated by the Contractor’s PM for approval by the County
Project Manager. This initial Project Schedule will be used as a baseline for control of the project.
Moving forward, based on the County approved changes, Contractor will be responsible for
updates to the Project Schedule which will be one project control mechanism used to manage,
track, and evaluate Contractor’s performance. Contractor will work with the County Project
Manager to identify all tasks, deliverables, and appropriate milestones where County
information/activity is required and where timeline dependencies for subsequent Contractor
activities exist within the Project Schedule.
7.3 All hardware shall be delivered within six weeks of receipt of purchase order from the County.
8.0 IMPLEMENTATION - GENERAL
8.1 Contractor shall provide implementation services for the Body Worn Camera and Evidence
Management System, consisting of four (4) phases. These services include:
a. Participating in scheduled conference calls as required during the project implementation
process;
b. Identifying configuration choices;
c. Participating in interface-related activities;

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

6.1.4.

d. Fielding questions regarding system functionality, choices and new processes via phone
and email;
e. Providing the required hardware, equipment and software;

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23.a

Conducting training for the implementation team members; and

g. Developing training material and conducting Trainer-Training.
8.2 IMPLEMENTATION – PHASE 1

Contractor shall at a minimum:
a. Develop a project plan that outlines Phase 1 technical approach and methodology;
b. Hold project planning meetings with the County project team and obtain approval from
County;
c. Set up communication with the County project team to resolve any issues found;
d. Install and configure all necessary hardware and applications; and
e. Prepare and provide a Project status report at the completion of Phase 1. Contractor must
obtain formal approval and signoff of each deliverable before moving to the next phase.
County shall not unreasonably delay approval of deliverables.
8.2.2 Project Initiation and Planning Meeting
a. Contractor will meet with the County’s project management team to lead a Project Kickoff
Meeting. Contractor will coordinate with County’s project management team to schedule
meeting and meeting logistics, including agenda and attending participants. The meeting
shall also include a discussion of the following:
b. Introduction of team members and identification of project roles for Contractor and County;
and
c. Review and discussion of the Project Plan (including key roles, workflows and processes).
The Project Plan shall include the following:
d. User interface requirements;
e. Deployment requirements;
f.

Operational requirements (including system administration, security, hosting, categories and
retention policies);

g. Performance and scalability requirements;
h. Acceptance test criteria; and
i.

Finalization of project planning items.

8.2.3 Solution Implementation

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

8.2.1 Phase 1 Overview

a. Contractor will initiate solution implementation and testing for the Body Worn Camera and
Evidence Management System after the respective requirements are accepted by the
County. Key activities accomplished under this task include:

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b. Delivery and configuration of 300 body worn cameras in Phase 1.
c. EMS system set up and configuration
d. Setup Axon Mobile Application on COUNTY smart phones;
f.

Configure categories & custom roles based on County’s needs;

g. Troubleshoot IT issues with Evidence.com and Axon Dock access; and
h. Contractor shall work with County to install Evidence Sync software on locked-down
computers (if applicable).
i.

Axon docking station installation

j.

Contractor shall work with County to decide ideal location of docking station setup and set
configurations on docking stations if necessary;

k. Contractor shall authenticate docking station with Evidence.com using “admin” credentials
from County;
l.

Contractor shall work with County to configure its network to allow for maximum bandwidth
and proper operation within County’s network environment;

m. Contractor shall provide enough docking stations to support the number of cameras
provided (1 to 1 ratio).
8.2.4 Training
a. Contractor will develop training materials for the Body Worn Camera and Evidence
Management System.
b. Contractor shall conduct training as described herein.
8.2.5 End User Testing and Acceptance/ Go-Live
a. Contractor shall conduct all end user testing in accordance with the test plan provided
during implementation, including video capture tests, video download tests, etc., to ensure
System meets the County’s performance requirements. If the County does not notify
Contractor within 7 days of the Acceptance Test that the System does not meet the
requirements of the specifications, the System will be deemed accepted and County shall
issue a Milestone and Deliverables Acceptance Form, Appendix C4 in accordance with
Section 9.5.2 below.
b. System components will be deemed complete and accepted if they pass end user testing.
See User Acceptance Testing (Appendix C4) for minimum requirements. The System shall
be ready for deployment and operational use can be initiated after the following conditions
are met.
c. User testing is complete and the County has provided written acceptance in the form of a
Milestone and Deliverables Acceptance Form, Appendix C5, and when applicable, a Final
System Acceptance Certificate, Appendix C6.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

e. Setup Evidence.com CAD integration module;

d. All necessary configuration tasks for the System have been completed.
8.2.6 Deliverables
Contractor shall complete the following deliverables in accordance to Appendix C2.
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a. Provide and install Body Worn Cameras including:
b. Axon Body 2 Cameras;
c. Provide and install mounting equipment for body worn cameras;

e. Implement Evidence.com Cloud services;
f.

Evidence.com Evidence Management System

g. Evidence.com CAD/RMS Integration
h. Evidence.com Mobile Application
i.

Digital Evidence storage

j.

Conduct user training on the new System implementation;

k. Develop Acceptance or Final Acceptance test plan;
l.

Perform acceptance testing; and

m. Obtain formal acceptance and sign off by County.
8.3 IMPLEMENTATION - PHASES 2-4
a. For Phases 2 through Phase 4, Contractor shall provide the goods and services according
to Appendix C2.
b. Go-Live and Final System Acceptance
c. At the conclusion of Phase 4, County and Contractor shall initiate final go-live and final
system acceptance process.
d. A 45-day Post Go-Live period shall commence upon Go-Live of the System. Contractor
shall provide Post Go-Live warranty/support for forty-five (45) calendar days of which 5 days
will be on-site support to correct any defects that are identified during the go-live period.
e. During the 45-day Post Go-Live period, Contractor shall repair System malfunctions at no
additional cost. In addition, Contractor shall conduct continuous System Acceptance
together with County Staff and assist the County throughout the Post Go-Live phase to
identify and respond to any needs and concerns to ensure a smooth transition to support.
f.

Final System Acceptance: After the 45 days of post go-live warranty/support and the
County is satisfied with all test results and all previously identified issues are resolved, the
County shall proceed with the execution of the Final System Acceptance Certificate,
Appendix C5.

g. Contractor understands that final acceptance and final payment shall be given only when all
tests in the acceptance test plan are performed without error and the System has been
operationally and error free for 45 days, and System users are fully trained.

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Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

d. Provide and install docking stations;

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9. TRAINING

a. ‘Train-the-Trainer’ level coursework for up to thirty (30) students. This training shall provide
the students the ability to adequately equip an end user with sufficient knowledge to
properly operate and utilize the body worn cameras and EMS.
b. Advanced Training coursework for up to ten (10) administrative users in areas related to
technical support and video management. The training should at a minimum focus on the
areas related to the EMS operating system, use and assigning of the equipment,
maintenance, troubleshooting, changing of components in need of repair, account
management, video management, video redaction and video security.
c. Axon Instructor Training provides instruction to County in-house trainers, with the goal of
certifying instructors who can support the County-owned Axon camera and Evidence.com
training needs.
d. Trainings shall include but not be limited to the following: Onsite in person and/or seminar
training, online/intranet interactive and pre-recorded training.
e. Contractor will provide training materials to County that are customized to reflect County’s
business processes.
f.

All material and manuals necessary, including electronic versions, to perform the required
training shall be furnished by the Contractor.

g. The Contractor shall authorize the County to utilize the material in future training sessions.
h. If necessary, Contractor shall align user trainings with officers’ shift schedules, in order to
minimize disruption in County’s daily functions.
i.

Contractor shall provide a description of a training plan and schedule.

j.

If further training is needed, Contractor shall provide training at the rate listed in Exhibit B,
Pricing Summary and Compensation Plan.

10. CUSTOMER SERVICE AND SUPPORT
a. Contractor shall provide on-going support (telephone, online, email and remote-location
troubleshooting) for the System.
b. Contractor’s Technical Support staff shall be available Monday through Friday from 6:00 AM
until 4:00 PM Pacific Time. Critical Incident/ Emergency live support Specialist shall be
available 24/7/365. County may contact TASER Customer Support via 800-978-2737, email
through CS@TASER.com or open a case through TASER.com.
c. Contractor shall provide the 3-tiered Technical Support system as described below.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

Contractor shall provide on-site training for hardware and software for County Staff during each
phase of implementation, including:

Tier 1: Technical Support – General how-to questions
a. Frequently asked questions (FAQs)
b. Product navigation

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c. Feature clarification
d. Standard queries
e. Assistance with known solutions

a. Advanced product troubleshooting
b. Advanced Evidence.com configuration
c. Any escalated issues from Tier 1 support
Tier 3: Technical Support – Critical Issues
a. Critical problem or recurring problems rendering the product inoperable or requiring
workarounds, bug fixes, testing and/or simulation.
For Tiers 1 and 2, Contractor shall respond to technical inquiries within one (1) business day. Tier
3, Contractor shall respond within four (4) hours.
11. UPGRADES AND ENHANCEMENTS
a. Contractor will provide all upgrades and enhancements, as defined herein, at no additional
cost during the term of this Agreement.
b. For purposes of this Agreement, the terms “upgrades” and “enhancements” shall include
without limitation any and all releases that have the following functions and purposes: (i)
implementing correction of System (or component application) errors or malfunctions; (ii)
adding new System features, functions and performance capabilities, including
modifications designed to meet federal, state and legally mandated requirements; and (iii)
changing the intellectual property contained in the programs.
c. Any major updates or upgrades will be made only upon Parties mutual agreement, with
consideration to potential to breaking customization programming, integrations or coding.
Upon a major software release, Contractor will provide support for two major releases
behind the current release. Contractor shall provide a recommendation to County as to
which software version to use.
d. Contractor shall provide to County documentation describing the functions, features, and
performance capabilities that have been modified by the updates, enhancement and/or
release notes, and shall give County adequate notice of the availability of each updates or
enhancement by email within five (5) days of its publication.
e. Contractor shall provide detailed email notification to Evidence.com Administrators when
new releases, updates or upgrades are made to Evidence.com, Evidence Sync or Axon
Hardware.
f.

Scheduled maintenance shall take place on the fourth Tuesday of each month from 7:00pm
to 8:00pm Pacific Time. TASER shall provide a minimum of one week notification to County
prior to any changes to the maintenance schedule.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

Tier 2: Technical Support – Advanced Issues

12. HARDWARE UPGRADES
Contractor shall upgrade all body worn cameras and docking stations, free of charge, at 2.5 years
and 5 years under this Agreement. Refer to TAP Assurance Plan.
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Upgraded cameras and docking stations shall be for the most recently released model.

Standard Warranty

TASER Assurance Plan

Warranty Term

1 year

5 years

Spares

No

On-site spares equal to
approximately 3% of total
number of cameras
purchased

Upgrades

None

New hardware at 2.5 and 5
years

Per Section 10.3 of Exhibit C, the Warranty Period shall commence upon Final System
Acceptance.
14. DISASTER RECOVERY
Contractor shall provide and maintain a system for disaster recovery in the Western Region of the
United States (i.e. Oregon).
The System and all data shall be replicated between two data centers. In the event of a disaster,
the system will fail over automatically to the secondary site and provide uninterrupted service to the
System.
The EMS will be scaled up to the specifications of the full system as quickly as possible, but no
longer than 24 hours from the failure.

Agreement 5500002840 for Body Worn Camera and Evidence Management System

43

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

13. WARRANTY

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APPENDIX C1
Hardware and System Requirements
Page 1 of 3

1. MINIMUM HARDWARE REQUIREMENTS
a. Cameras worn by Deputies shall be lightweight, preferably six ounces or less in total
combined weight.
b. Cameras shall have minimal wiring, not exceed two wires or cables.
c. Cameras shall have a stand-by battery life of twelve (12) hours without recharging or
additional batteries.
d. Camera lens shall have a field of view of at least 60 degrees.
e. The recording speed shall be no less than 30 frames per second (fps).
f. Camera shall record video images in full color with a minimum resolution of 640 pixels x 480
pixels.
g. Camera shall provide feedback to user when activated, either via a visual indicator or
audible tone.
h. Camera must have an indicator that shows current operating mode.
i. Cameras shall automatically embed a time/date stamp in the recorded video.
j. Cameras shall prevent users from deleting recorded files without authorization.
k. Camera shall have a method for adding desired metadata to video in the field prior to
upload.
l. Camera shall have a pre-event record feature which allows the camera to capture at least
thirty (30) seconds of video prior to officer initiating the recording.
m. Camera shall export videos in a standard, open format, such that it can be replayed in freely
available software without processing or conversion. Proprietary data formats are
unacceptable.
n. The multi-dock station must charge the camera batteries, securely transfer files without loss
of quality or metadata, and delete the files from the camera once transferred to the
evidence management system.
o. The multi-dock station shall not require a Department computer to operate, connect or
interface with the Internet (e.g. the multi-dock station shall be a standalone device that
connects to the cloud storage solution via an Ethernet connection).
p. The camera shall not cause electromagnetic interference with nearby airwave radios (and
other electronic equipment and radio communication systems).
q. Loss of power to the camera must not cause data to be lost or corrupted.
r. Camera shall have a pre-event buffer.
s. Multi-dock station shall have the capability of uploading digital evidence from multiple
cameras simultaneously.
t. All changes management procedures to Axon devices and Axon Evidence.com shall be
ISO/IEC 27001:2013 certified and include rigorous testing acceptance and approval
process.
u. Firmware updates and enhancements to Axon Body 2 and Axon Flex shall be pushed via
the Axon Dock and Evidence Sync Software and County interaction is not required.
2.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

At a minimum, the delivered System, including all new hardware models and software versions,
shall include the following requirements:

MINIMUM EVIDENCE MANAGEMENT SYSTEM (EMS) REQUIREMENTS
a. EMS must not require local storage infrastructure.
b. EMS must allow for remote access with complete functionality (review, enter metadata and
send video) with Sheriff’s Office mobile devices and computers.

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c. EMS shall provide an automatic audit trail for when files and videos are accessed.
d. Any required or expected ‘buffering’ times before video files are accessible in cloud storage
(for view or adding metadata) will be clearly defined.
e. EMS must allow Deputies to enter additional metadata to recorded files, such as notes or
comments.
f. Solution must support all major digital file types (avi, jpeg, mpeg, etc.).
g. EMS shall provide remote viewing of the stored video based on the permissions granted by
the System Administrator.
h. EMS shall allow users to search video files by name, date of recording, date of upload, case
number (CAD-generated), device number, as well as categorize and add notes to each file
within the solution.
i. EMS must allow System Administrators the ability to grant access of specific files to
specified persons for a specific period of time.
j. EMS shall have the ability to share files internally and externally via secure links over the
Internet.
k. EMS shall grant System Administrators the ability to set variable retention rules per the
Office of the Sheriff’s preferences.
l. EMS shall have the ability to set time tables for automatic deletions of files.
m. The EMS shall maintain a log/audit trail illustrating users who have viewed and copied video
to an external source (e.g. DVD/ long term storage).
n. EMS must have the ability to preserve the raw file without editing.
o. EMS must provide redundant, security back-up of all data.
p. EMS must offer redaction capabilities.
q. Users shall have the ability to send email messages from hosted solution interface to end
users.
r. EMS shall send System Administrators administrative notifications when evidence files are
about to be deleted.
s. EMS shall send System Administrators administrative notifications when users need their
credentials reset due to failed log on attempts.
t. EMS shall offer auto-redaction capabilities, to include high-movement and low light video;
preferred to minimize the amount of time to redact 30 fps for the entire length of video.
u. EMS shall have the ability to capture data, report on video statistics and provide custom
reports.
v. EMS shall have the ability to recover deleted evidence within a minimum of seven (7) days
of deletion.
w. EMS must securely store all videos and recordings in a way that only County authorized
users and users authorized by the County can view.
x. TASER ensures a minimum of 99% uptime
3.

MINIMUM VIDEO STORAGE REQUIREMENTS
a. The storage facility must be located and remain within the continental United States.

4. MINIMUM SYSTEM SECURITY REQUIREMENTS
a. EMS shall provide user authentication with a unique username and password.
b. EMS shall allow for authorized users to be established based on various roles and
permissions by the System Administrator.
c. EMS shall offer optional IP access restriction and security challenge questions upon access
from an unknown or previously used location.
d. Any access to stored video shall be maintained in an automatic log or audit trail showing
users that have viewed, shared or copied video to an external source (e.g. CD/DVD, local
storage, etc.), and the audit trail should be capable of being exported.

Agreement 5500002840 for Body Worn Camera and Evidence Management System

45

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e. EMS must have the ability to log activities performed by specific user ID, IP address and
time/date stamp all activities.
f. System Administrators shall have the ability to administratively manage accounts and
assign rights and permissions to system users.
g. EMS shall provide ability to set an unsuccessful access attempt limit and suspend IDs after
reaching the unsuccessful access threshold.
h. EMS shall provide ability to send alerts to System Administrators for unauthorized access
attempts.
i. EMS shall enable automatic logoff of ID after a defined period of session inactivity, and
perform subsequent re-log-on password authentication.
j. EMS shall provide ability to configure password parameters such as password lengths, user
access to expiration settings and other behaviors, enabling alphanumeric characters, etc.
k. EMS shall provide ability to lock out user or group ID.
5.

MINIMUM INFORMATION SECURITY REQUIREMENTS
a. Contractor shall encrypt transmission of confidential data when transferred through publicly
accessible networks such as the Internet.
b. Contractor shall ensure all transmission of information data files are transferred through a
Secure Socket Layer (SSL), which creates a minimum of 128 bit encrypted connection
which is password protected. All data files that are on Contractor’s servers are encrypted
once they have completed the upload and pre-process procedures.
c. All input data transmitted across public networks (all networks other than the County’s) shall
be encrypted during transit and decrypted electronically during processing to produce nonconfidential output data. The decrypted data shall not be accessible by Contractor’s
employees unless otherwise limited on a “need to know” basis as determined by the Santa
Clara Sheriff’s Office designee.
d. The System shall have a host-based firewall technology preventing inappropriate/
unauthorized access. Contractor shall provide the following:
e. All intrusion detection system monitoring for unauthorized access attempts.
f. Must run anti-virus software.
g. Monitor daily logs for potential intrusions, file integrity.
h. Only allow access by uniquely assigned and auditable IDs.
i. All data transfers and administrative access must be in an encrypted format.

Agreement 5500002840 for Body Worn Camera and Evidence Management System

46

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Task Name
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
38
41
44
47
50
53
56
59

Santa Clara PD Axon Project ‐ 300
Phase 1
Configuration Tasks
Draft Deployment Plan created
Site survey for ETM installation, test bandwidth
ETM registration and configuration
Install and test E.com Docks
Evidence.com Setup (Roles & Permissions, Categories)

Start

Mon 1/2/17
Mon 1/2/17
Mon 1/2/17
Mon 1/2/17
Mon 1/2/17
Mon 1/2/17
Mon 1/2/17
Tue 1/3/17

Finish

Tue 12/19/17
Thu 2/9/17
Fri 1/6/17
Tue 1/3/17
Mon 1/2/17
Tue 1/3/17
Tue 1/3/17
Tue 1/3/17

Create user accounts in Evidence.com
Wed 1/4/17
Wed 1/4/17
Inventory, assign, test all Axon devices
Thu 1/5/17
Fri 1/6/17
Draft video police created (If needed)
Mon 1/2/17
Fri 1/6/17
Install AXON Mobile & Evidence Mobile App (Done at the
Mon 1/2/17
Mon 1/2/17
time of training)
Install MDT Application (SYNC) (Can be done at the time of Mon 1/2/17
Mon 1/2/17
training, IT needed)
EVIDENCE.COM Training
Mon 1/9/17
Tue 1/10/17
Evidence.com Super User Training Session 1
Mon 1/9/17
Mon 1/9/17
Evidence.com Super User Training Session 2 (Optional)
Mon 1/9/17
Mon 1/9/17
Train The Trainer
Mon 1/9/17
Mon 1/9/17
Evidence Tech Training
Mon 1/9/17
Mon 1/9/17
Phase 1 Department Go Live Rollout (300 units)
Tue 1/10/17
Wed 2/8/17
Wave 1 Training
Tue 1/10/17
Tue 1/10/17
Gear Fit and Training ‐ First Shift
Tue 1/10/17
Tue 1/10/17
Gear Fit and Training ‐ Second Shift
Tue 1/10/17
Tue 1/10/17
Wave 2 Training
Wed 1/11/17 Wed 1/11/17
Gear Fit and Training‐ First Shift
Wed 1/11/17 Wed 1/11/17
Gear Fit and Training‐ Second Shift
Wed 1/11/17 Wed 1/11/17
Wave 3 Training
Thu 1/12/17
Thu 1/12/17
Gear Fit and Training ‐ First Shift
Thu 1/12/17
Thu 1/12/17
Gear Fit and Training ‐ Second Shift
Thu 1/12/17
Thu 1/12/17
Wave 4 Training
Mon 1/16/17 Mon 1/16/17
Gear Fit and Training‐ First Shift
Mon 1/16/17 Mon 1/16/17
Gear Fit and Training‐ Second Shift
Mon 1/16/17 Mon 1/16/17
Wave 5 Training
Mon 1/16/17 Mon 1/16/17
Gear Fit and Training ‐ First Shift
Mon 1/16/17 Mon 1/16/17
Gear Fit and Training ‐ Second Shift
Mon 1/16/17 Mon 1/16/17
Wave 6 Training
Tue 1/17/17
Tue 1/17/17
Wave 7 Training
Wed 1/18/17 Wed 1/18/17
Wave 8 Training
Thu 1/19/17
Thu 1/19/17
Wave 9 Training
Mon 1/23/17 Mon 1/23/17
Wave 10 Training
Mon 1/23/17 Mon 1/23/17
Wave 11 Training
Tue 1/24/17
Tue 1/24/17
Wave 12 Training
Thu 1/26/17
Thu 1/26/17
Wave 13 Training
Mon 1/30/17 Mon 1/30/17
Wave 14 Training
Mon 1/30/17 Mon 1/30/17
Agreement 5500002840 for Body Worn Camera and Evidence Management System

Duration

252 days
29 days
5 days
2 days
1 day
2 days
2 days
1 day
1 day
2 days
5 days
1 day

Predecessors Resource
Names

5,6

8
8,9

1 day
1.38 days
3 hrs
3 hrs
3 hrs
1.5 hrs
22 days
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
Page 1

4
9

9
7,9
7,9,21
20
7,9
7,9,24
23
7,9
27,7,9
26
7,9
30,7,9
29
7,9
33,7,9
32
35
38
41
44
47
50
53
56

16

T

M

Dec 18, '16
F

T

Jan 15, '17
S
W

SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

TASER
SCPD,TASER
SCPD
SCPD,TASER

TASER
SCPD,TASER
SCPD
SCPD,TASER

SCPD,TASER

SCPD,TASER

SCPD,TASER
TASER
TASER
TASER
TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

S

Feb 12, '17
T

TASER
TASER
TASER
TASER

SCPD,TASER
SCPD,TASER

SCPD,TASER
SCPD,TASER

SCPD,TASER
SCPD,TASER

SCPD,TASER
SCPD,TASER

SCPD,TASER
SCPD,TASER

SCPD,TASER
SCPD,TASER

SCPD,TASER
SCPD,TASER

SCPD,TASER
SCPD,TASER

SCPD,TASER
SCPD,TASER

47

M

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management

ID

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Task Name
62
65
68
71
74
77
80
83
84

Wave 15 Training
Wave 16 Training
Wave 17 Training
Wave 18 Training
Wave 19 Training
Wave 20 Training
Make up Training
Phase 1 Go Live Complete
Post Deployment Meeting

Start

Finish

Duration

Predecessors

Tue 1/31/17

Tue 1/31/17

1 day

59

Wed 2/1/17
Thu 2/2/17
Mon 2/6/17
Mon 2/6/17
Tue 2/7/17
Wed 2/8/17
Thu 2/9/17
Thu 2/9/17

Wed 2/1/17
Thu 2/2/17
Mon 2/6/17
Mon 2/6/17
Tue 2/7/17
Wed 2/8/17
Thu 2/9/17
Thu 2/9/17

1 day
1 day
1 day
1 day
1 day
1 day
0.75 days
2 hrs

62
65
68
71
74
77
80,47,44,41,3

Mon 5/1/17
Mon 5/1/17
Mon 5/1/17
Mon 5/1/17
Wed 5/3/17
Fri 5/5/17
Mon 5/8/17
Mon 5/1/17

Wed 6/7/17
Tue 5/9/17
Mon 5/1/17
Tue 5/2/17
Thu 5/4/17
Fri 5/5/17
Tue 5/9/17
Mon 5/1/17

28 days
7 days
1 day
2 days
2 days
1 day
2 days
1 day

Mon 5/1/17

Mon 5/1/17

1 day

Mon 5/8/17
Mon 5/8/17
Mon 5/8/17
Tue 5/9/17
Tue 5/9/17
Tue 5/9/17
Tue 5/9/17
Wed 5/10/17
Wed 5/10/17
Wed 5/10/17
Thu 5/11/17
Thu 5/11/17
Thu 5/11/17
Fri 5/12/17
Fri 5/12/17
Fri 5/12/17
Mon 5/15/17
Mon 5/15/17
Mon 5/15/17
Tue 5/16/17
Wed 5/17/17
Thu 5/18/17
Fri 5/19/17
Mon 5/22/17
Tue 5/23/17

Mon 5/8/17
Mon 5/8/17
Mon 5/8/17
Wed 6/7/17
Tue 5/9/17
Tue 5/9/17
Tue 5/9/17
Wed 5/10/17
Wed 5/10/17
Wed 5/10/17
Thu 5/11/17
Thu 5/11/17
Thu 5/11/17
Fri 5/12/17
Fri 5/12/17
Fri 5/12/17
Mon 5/15/17
Mon 5/15/17
Mon 5/15/17
Tue 5/16/17
Wed 5/17/17
Thu 5/18/17
Fri 5/19/17
Mon 5/22/17
Tue 5/23/17

1 day
3 hrs
1.5 hrs
22 days
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
1 day
1 day
1 day
1 day
1 day

Resource
Names

SCPD,TASER

16
T

M

Dec 18, '16
F

T

Jan 15, '17
S
W

S

Feb 12, '17
T

SCPD,TASER

85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
117
120
123
126
129

Phase 2
Configuration Tasks
Site survey for ETM installation, test bandwidth
ETM registration and configuration
Install and test E.com Docks
Create user accounts in Evidence.com
Inventory, assign, test all Axon devices
Install AXON Mobile & Evidence Mobile App (Done at the
time of training)
Install MDT Application (SYNC) (Can be done at the time of
training, IT needed)
EVIDENCE.COM Training
Evidence.com Super User Training Session 1
Evidence Tech Training
Phase 2 Department Go Live Rollout (300 units)
Wave 1 Training
Gear Fit and Training ‐ First Shift
Gear Fit and Training ‐ Second Shift
Wave 2 Training
Gear Fit and Training‐ First Shift
Gear Fit and Training‐ Second Shift
Wave 3 Training
Gear Fit and Training ‐ First Shift
Gear Fit and Training ‐ Second Shift
Wave 4 Training
Gear Fit and Training‐ First Shift
Gear Fit and Training‐ Second Shift
Wave 5 Training
Gear Fit and Training ‐ First Shift
Gear Fit and Training ‐ Second Shift
Wave 6 Training
Wave 7 Training
Wave 8 Training
Wave 9 Training
Wave 10 Training
Wave 11 Training

88,89
8
91

SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

91

91
90,91
90,91,100
99
90,91
90,91,103
102
90,91
90,91,106
105
90,91
90,91,109
108
90,91
90,91,112
111
114
117
120
123
126

SCPD,TASER
TASER
TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management

ID

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Page 2

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132
135
138
141
144
147
150
153
156
159
162
163

Task Name

Wave 12 Training

Start

Finish

Duration

Predecessors

Wed 5/24/17

Wed 5/24/17

1 day

129

Wave 13 Training
Wave 14 Training
Wave 15 Training
Wave 16 Training
Wave 17 Training
Wave 18 Training
Wave 19 Training
Wave 20 Training
Make up Training
Phase 2 Go Live Complete
Post Deployment Meeting

Thu 5/25/17
Fri 5/26/17
Mon 5/29/17
Tue 5/30/17
Wed 5/31/17
Thu 6/1/17
Fri 6/2/17
Mon 6/5/17
Tue 6/6/17
Wed 6/7/17
Wed 6/7/17

Thu 5/25/17
Fri 5/26/17
Mon 5/29/17
Tue 5/30/17
Wed 5/31/17
Thu 6/1/17
Fri 6/2/17
Mon 6/5/17
Tue 6/6/17
Wed 6/7/17
Wed 6/7/17

1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
0.75 days
2 hrs

132
135
138
141
144
147
150
153
156
159,117,123,

Phase 3
Configuration Tasks
Site survey for ETM installation, test bandwidth
ETM registration and configuration
Install and test E.com Docks
Create user accounts in Evidence.com
Inventory, assign, test all Axon devices
Install AXON Mobile & Evidence Mobile App (Done at the
time of training)
Install MDT Application (SYNC) (Can be done at the time
of training, IT needed)
EVIDENCE.COM Training
Evidence.com Super User Training Session 1
Evidence Tech Training
Phase 3 Department Go Live Rollout (300 units)
Wave 1 Training
Gear Fit and Training ‐ First Shift
Gear Fit and Training ‐ Second Shift
Wave 2 Training
Gear Fit and Training‐ First Shift
Gear Fit and Training‐ Second Shift
Wave 3 Training
Gear Fit and Training ‐ First Shift
Gear Fit and Training ‐ Second Shift
Wave 4 Training
Gear Fit and Training‐ First Shift
Gear Fit and Training‐ Second Shift
Wave 5 Training
Gear Fit and Training ‐ First Shift
Gear Fit and Training ‐ Second Shift
Wave 6 Training
Wave 7 Training
Wave 8 Training

Tue 8/1/17
Tue 8/1/17
Tue 8/1/17
Tue 8/1/17
Fri 8/4/17
Fri 8/4/17
Mon 8/7/17
Wed 8/9/17

Tue 9/12/17
Thu 8/10/17
Tue 8/1/17
Wed 8/2/17
Mon 8/7/17
Fri 8/4/17
Tue 8/8/17
Wed 8/9/17

31 days
8 days
1 day
2 days
2 days
1 day
2 days
1 day

Thu 8/10/17

Thu 8/10/17

1 day

Fri 8/11/17
Fri 8/11/17
Fri 8/11/17
Mon 8/14/17
Mon 8/14/17
Mon 8/14/17
Mon 8/14/17
Tue 8/15/17
Tue 8/15/17
Tue 8/15/17
Wed 8/16/17
Wed 8/16/17
Wed 8/16/17
Thu 8/17/17
Thu 8/17/17
Thu 8/17/17
Fri 8/18/17
Fri 8/18/17
Fri 8/18/17
Mon 8/21/17
Tue 8/22/17
Wed 8/23/17

Fri 8/11/17
Fri 8/11/17
Fri 8/11/17
Tue 9/12/17
Mon 8/14/17
Mon 8/14/17
Mon 8/14/17
Tue 8/15/17
Tue 8/15/17
Tue 8/15/17
Wed 8/16/17
Wed 8/16/17
Wed 8/16/17
Thu 8/17/17
Thu 8/17/17
Thu 8/17/17
Fri 8/18/17
Fri 8/18/17
Fri 8/18/17
Mon 8/21/17
Tue 8/22/17
Wed 8/23/17

0.63 days
3 hrs
1.5 hrs
22 days
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
1 day
1 day

Resource
Names

16
T

M

Dec 18, '16
F

T

Jan 15, '17
S
W

S

Feb 12, '17
T

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ID

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SCPD,TASER

164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
196
199

167,168
8
170
171

SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

170

170
169,170
169,170,179
178
169,170
169,170,182
181
169,170
169,170,185
184
169,170
169,170,188
187
169,170
169,170,191
190
193
187

SCPD,TASER
TASER
TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

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202
205
208
211
214
217
220
223
226
229
232
235
238
241
242

Task Name

Wave 9 Training
Wave 10 Training
Wave 11 Training
Wave 12 Training
Wave 13 Training
Wave 14 Training
Wave 15 Training
Wave 16 Training
Wave 17 Training
Wave 18 Training
Wave 19 Training
Wave 20 Training
Make up Training
Phase 3 Go Live Complete
Post Deployment Meeting

Start

Finish

Duration

Predecessors

Resource
Names

Thu 8/24/17

Thu 8/24/17

1 day

199

Fri 8/25/17
Mon 8/28/17
Tue 8/29/17
Wed 8/30/17
Thu 8/31/17
Fri 9/1/17
Mon 9/4/17
Tue 9/5/17
Wed 9/6/17
Thu 9/7/17
Fri 9/8/17
Mon 9/11/17
Tue 9/12/17
Tue 9/12/17

Fri 8/25/17
Mon 8/28/17
Tue 8/29/17
Wed 8/30/17
Thu 8/31/17
Fri 9/1/17
Mon 9/4/17
Tue 9/5/17
Wed 9/6/17
Thu 9/7/17
Fri 9/8/17
Mon 9/11/17
Tue 9/12/17
Tue 9/12/17

1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
0.75 days
2 hrs

202
170
208
211
214
217
220
223
217
229
232
202,232
196,238,205,

Wed 11/1/17
Wed 11/1/17
Wed 11/1/17
Wed 11/1/17
Fri 11/3/17
Tue 11/7/17
Wed 11/8/17
Fri 11/10/17

Tue 12/19/17
Mon 11/13/17
Wed 11/1/17
Thu 11/2/17
Mon 11/6/17
Tue 11/7/17
Thu 11/9/17
Fri 11/10/17

35 days
9 days
1 day
2 days
2 days
1 day
2 days
1 day

246,247
8
249
250

SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
TASER
SCPD,TASER
SCPD,TASER

Mon 11/13/17 Mon 11/13/17

1 day

251

SCPD,TASER

Tue 11/14/17
Tue 11/14/17
Tue 11/14/17
Wed 11/15/17
Wed 11/15/17
Wed 11/15/17
Wed 11/15/17
Thu 11/16/17
Thu 11/16/17
Thu 11/16/17
Fri 11/17/17
Fri 11/17/17
Fri 11/17/17
Mon 11/20/17
Mon 11/20/17
Mon 11/20/17
Tue 11/21/17
Tue 11/21/17
Tue 11/21/17

0.63 days
3 hrs
1.5 hrs
25 days
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs
1 day
3 hrs
3 hrs

16
T

M

Dec 18, '16
F

T

Jan 15, '17
S
W

S

Feb 12, '17
T

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ID

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SCPD,TASER

243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271

Phase 4
Configuration Tasks
Site survey for ETM installation, test bandwidth
ETM registration and configuration
Install and test E.com Docks
Create user accounts in Evidence.com
Inventory, assign, test all Axon devices
Install AXON Mobile & Evidence Mobile App (Done at the
time of training)
Install MDT Application (SYNC) (Can be done at the time
of training, IT needed)
EVIDENCE.COM Training
Evidence.com Super User Training Session 1
Evidence Tech Training
Phase 4 Department Go Live Rollout (300 units)
Wave 1 Training
Gear Fit and Training ‐ First Shift
Gear Fit and Training ‐ Second Shift
Wave 2 Training
Gear Fit and Training‐ First Shift
Gear Fit and Training‐ Second Shift
Wave 3 Training
Gear Fit and Training ‐ First Shift
Gear Fit and Training ‐ Second Shift
Wave 4 Training
Gear Fit and Training‐ First Shift
Gear Fit and Training‐ Second Shift
Wave 5 Training
Gear Fit and Training ‐ First Shift
Gear Fit and Training ‐ Second Shift

Tue 11/14/17
Tue 11/14/17
Tue 11/14/17
Tue 12/19/17
Wed 11/15/17
Wed 11/15/17
Wed 11/15/17
Thu 11/16/17
Thu 11/16/17
Thu 11/16/17
Fri 11/17/17
Fri 11/17/17
Fri 11/17/17
Mon 11/20/17
Mon 11/20/17
Mon 11/20/17
Tue 11/21/17
Tue 11/21/17
Tue 11/21/17

249

249
248,249
248,249,258
257
248,249
248,249,261
260
248,249
248,249,264
263
248,249
248,249,267
266
248,249
248,249,270

SCPD,TASER
TASER
TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

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272
275
278
281
284
287
290
293
296
299
302
305
308
311
314
317
320
321

Task Name

Wave 6 Training
Wave 7 Training
Wave 8 Training
Wave 9 Training
Wave 10 Training
Wave 11 Training
Wave 12 Training
Wave 13 Training
Wave 14 Training
Wave 15 Training
Wave 16 Training
Wave 17 Training
Wave 18 Training
Wave 19 Training
Wave 20 Training
Make up Training
Phase 4 Go Live Complete
Post Deployment Meeting

Start

Finish

Duration

Predecessors

Wed 11/22/17
Mon 11/27/17
Tue 11/28/17
Wed 11/29/17
Thu 11/30/17
Fri 12/1/17
Mon 12/4/17
Tue 12/5/17
Wed 12/6/17
Thu 12/7/17
Fri 12/8/17
Mon 12/11/17
Tue 12/12/17
Wed 12/13/17
Thu 12/14/17
Fri 12/15/17
Mon 12/18/17
Mon 12/18/17

Wed 11/22/17
Mon 11/27/17
Tue 11/28/17
Wed 11/29/17
Thu 11/30/17
Fri 12/1/17
Mon 12/4/17
Tue 12/5/17
Wed 12/6/17
Thu 12/7/17
Fri 12/8/17
Mon 12/11/17
Tue 12/12/17
Wed 12/13/17
Thu 12/14/17
Fri 12/15/17
Mon 12/18/17
Mon 12/18/17

1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
1 day
0.75 days
2 hrs

269
272
249
278
281
284
287
290
293
249
299
302
305
308
311
314
275,272,269,

Tue 12/19/17

Tue 12/19/17

2 hrs

320

Resource
Names

16
T

M

Dec 18, '16
F

T

Jan 15, '17
S
W

S

Feb 12, '17
T

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management

ID

23.a

SCPD,TASER

322
323

Santa Clara PD Axon Project Completion Meeting

SCPD,TASER

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Mar 12, '17
F
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Apr 9, '17
W

S

May 7, '17
T
M

F

Jun 4, '17
T

S

Jul 2, '17
W
S

T

Jul 30, '17
M

F

Aug 27, '17
T
S

W

Sep 24, '17
S
T

M

Oct 22, '17
F

T

Nov 19, '17
S
W

S

Dec 17, '17
T

M

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M

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Mar 12, '17
F
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Apr 9, '17
W

S

May 7, '17
T
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F

Jun 4, '17
T

S

Jul 2, '17
W
S

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Jul 30, '17
M

F

Aug 27, '17
T
S

W

Sep 24, '17
S
T

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Oct 22, '17
F

T

Nov 19, '17
S
W

S

Dec 17, '17
T

M

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M

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ER

SCPD,TASER
SCPD,TASER
SCPD,TASER
TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

TASER
TASER

SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

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Mar 12, '17
F
T

S

Apr 9, '17
W

S

May 7, '17
T
M

F

Jun 4, '17
T

S

Jul 2, '17
W
S

T

Jul 30, '17
M

Aug 27, '17
T
S

F

W

Sep 24, '17
S
T

M

Oct 22, '17
F

T

Nov 19, '17
S
W

S

Dec 17, '17
T

M

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M

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SCPD,TASER

SCPD,TASER
SCPD,TASER
SCPD,TASER
TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

TASER
TASER

SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

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Mar 12, '17
F
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Apr 9, '17
W

S

May 7, '17
T
M

F

Jun 4, '17
T

S

Jul 2, '17
W
S

T

Jul 30, '17
M

F

Aug 27, '17
T
S

W

Sep 24, '17
S
T

M

Oct 22, '17
F

T

Nov 19, '17
S
W

S

Dec 17, '17
T

M

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management

M

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SCPD,TASER

SCPD,TASER
SCPD,TASER
SCPD,TASER
TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER

TASER
TASER

SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
SCPD,TASER
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Mar 12, '17
F
T

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Apr 9, '17
W

S

May 7, '17
T
M

F

Jun 4, '17
T

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Jul 2, '17
W
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Jul 30, '17
M

F

Aug 27, '17
T
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Sep 24, '17
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Oct 22, '17
F

T

Nov 19, '17
S
W

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Dec 17, '17
T

M

SCPD,TASER
SCPD,TASER

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Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

Appendix C3 – Evidence.Com Plans

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23.a

1. Introduction: This User Acceptance Testing (UAT) document outlines the approval
process for the deployment and implementation of Axon Body Cameras and
Evidence.com within the County. The test criteria outlined below ensures that the Axon
system satisfies the needs of the County as specified in the Master Service Agreement
and provides confidence in its use.
2. Test Methodology: UAT shall be conducted by end users, subject matter experts,
and/or the County’s body camera project team. Users shall execute all test procedures
referenced in section 3. Users may also perform additional tests not detailed in the plan
but remain relevant and within the scope of the project, as mutually agreed upon by
TASER and the Agency. Such additional test procedures (if any) shall be attached to this
document as an Appendix.
3. UAT Plan: This plan contains a detailed procedure of each test to be performed by the
UAT team.
Axon Camera UAT Plan
Execution Procedure
Delivery
User slides camera power
Solid red LED light on Axon Body
switch to “on” position.
camera or Axon Flex battery pack
shall change to blinking green within
20 seconds. The device is now in
“buffering” mode.
User adjusts volume tone
Camera shall cycle through 3 audible
by firmly pressing
tones (low, medium, high) and mute.
diamond volume/pairing
button.
User starts recording by
Blinking green LED light on Axon Body
double-tapping event
camera or Axon Flex battery pack shall
button.
change to blinking red and the camera
shall beep twice (provided volume is
on). The camera is now in “record”
User ends recording by
Blinking red LED light on Axon Body
pressing and holding event camera or Axon Flex battery pack shall
button for 5 seconds.
change to blinking green and the
camera shall beep once (provided
volume is on). The device is now in
“buffer” mode.
User slides power button
Camera shall beep twice (provided
to “off” position. While
volume is on) LED light on Axon Body
holding and pressing the
camera or Axon Flex battery pack shall
pairing/volume button,
start blinking. This indicates that the
user slides power button
camera is ready to pair with a Bluetooth
back to “on” position.
connected iOS or Android device.
User selects correct device
iOS or Android device shall indicate that
under Bluetooth settings
the selected camera is now “connected.”
on iOS or Android device.

Pass/Fail

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

APPENDIX C4
USER ACCEPTANCE TESTING

Agreement 5500002840 for Body Worn Cameras and Evidence Management System
Agreement 5500002840 for Body Worn Camera and Evidence Management System

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User places camera into
Evidence Dock.
User retrieves camera
from dock before the start
of his/her next shift.
Once the camera in the
dock is displaying a solid
green light, the user
shall log into
Evidence.com using
his/her proper
User clicks on recently
uploaded video.

Live stream of camera footage appears
on mobile device.
LED light on Axon Body camera or Axon
Flex battery pack shall display a solid
red light and shall shut off within 20
Within 1 minute, the camera’s LED light
shall either display solid yellow (queued
to upload) or blinking yellow (actively
uploading).
Camera’s LED light changes from
yellow/blinking yellow to green within 24
hours.
User shall see a hyperlink to
his/her recently uploaded videos
on the homepage.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

User opens Axon Mobile
app on iOS or Android
device.
User powers down
camera.

23.a

User is able to play video within
Evidence.com’s media player.

Evidence.com UAT Plan
Function
Roles and Permissions: Configurable by Agency
administration.
Case Management Tools:
Users are able to create and share cases in
accordance with the permissions granted by
administration.
Chain of Custody:
An audit trail is generated for every video
Download videos/cases:
Standard feature, granted the user has permission.
Reassign Evidence:
Administrator may reassign evidence to another user
if needed.
Search Functionality:
Available by user name, event or device
Evidence Deletion:
Available by permission only, with a 7-day grace
period.
Ability to create clips/markers:
Standard function available by permission.
Redaction:
Function available on PRO licenses and with proper
permission set by Agency.
User audit and Agency activity tracking:
Function available on PRO licenses and with proper
permission set by Agency.

Delivery
Out of box

Pass/Fail

Out of box

Out of box
Out of box
Out of box
Out of box
Out of box
Out of box
Out of box
Out of box

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Out of box
Out of box
Out of box

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

Uploading:
User may upload pictures, videos and digital files,
regardless of recording device.
Track and assign all devices within Evidence.com.
Allows viewing and downloading of all evidence
stored in Evidence.com.
Retention:
Ability to retention level, depending on category of
evidence.

23.a

Out of box

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23.a

Appendix C5 – Milestone and Deliverables Acceptance Form

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

The Contractor shall submit this form once a milestone (the completion of a phase) is completed
for County approval prior to submitting an invoice.

MILESTONE AND DELIVERABLES ACCEPTANCE FORM
Project Title:
Contract Number:
Reviewers:
Issued to
Reviewer on:
Milestone Completed (Check box):
☐ Phase 1
☐ Phase 2
☐ Phase 3

Originator:
To be returned to
Originator by:
☐ Phase 4

Deliverables Completed:

I have reviewed the above milestones and deliverables on behalf of the County
___The milestone and deliverable(s) are accepted.

___The milestone/deliverable(s) are rejected for the reasons noted below:

Name:
Signature:

Date:

Agreement 5500002840 for Body Worn Camera and Evidence Management System

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23.a

Appendix C6 – Final System Acceptance Certificate

FINAL SYSTEM ACCEPTANCE CERTIFICATE

Customer Name: County of Santa Clara
Project Name: Body Worn Camera and Evidence Management System

This System Acceptance Certificate memorializes the occurrences of System Acceptance.
Contractor and County acknowledge that:
1. All System or product documentation promised under the Agreement has been provided.
2. The System is accepted, except for any items listed on the attached punch list, if
applicable. The parties will promptly complete their respective punch list responsibilities
according to a mutually-agreed schedule.
3. By acknowledging the Final Acceptance of this project the County agrees to pay any
remaining invoices to the Contractor according to the Body Worn Camera and Evidence
Management System Agreement.
4. Upon signed acceptance by the County, access to the Contractor’s Customer Support
Center providing Support Service will be made available during the hours designated in
the Scope of Services.

County of Santa Clara (“Customer”)

TASER International, Inc. (“Contractor”)

By: _____________________________
Name:
Title:
Date:

By: _____________________________
Name:
Title:
Date:

Agreement 5500002840 for Body Worn Camera and Evidence Management System

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Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

After the customer is satisfied with all test results and resolution, the customer will proceed with
signing the Acceptance Test Certificate.

Packet Pg. 341

23.a

This Master 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 Santa Clara County Sheriff's Dept. - CA, (Agency, Party or collectively Parties) having
its principal place of business at 55 W. Younger Avenue, San Jose, CA, 95110, is entered into as of
December 13, 2016 (the Effective Date).
This Agreement sets forth the terms and conditions for the purchase, delivery, use, and support of
TASER products and services as detailed in Exhibit B. It is the intent of the Parties that this
Agreement shall act as a master agreement governing the subject matter. In consideration of
this Agreement the Parties agree as follows:
1.

Term. (Deleted)

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.
“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

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EXHIBIT D
TASER MASTER AGREEMENT AND PURCHASING AGREEMENT

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23.a

“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. (Deleted)
4. Taxes. (Deleted)
5. Shipping; Title; Risk of Loss; Rejection. (Deleted)
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. (deleted)
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. (Deleted)
11. Indemnification. (Deleted)
12. 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.
13. IP Indemnification. (Deleted)
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.

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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.

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23.a

15. Termination. (Deleted)
a.

Confidentiality. (Deleted)

b.

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.

c.

Force Majeure. (Deleted)

d.

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.

e.

Independent Contractors. (Deleted)

f.

No Third Party Beneficiaries. (Deleted)

g.

Non-discrimination and Equal Opportunity. (Deleted)

h.

U.S. Government Rights. (Deleted)

i.

Import and Export Compliance. (Deleted)

j.

Assignment. (Deleted)

k.

No Waivers. (Deleted)

l.

Severability. (Deleted).

m.

Governing Law; Venue. ((Deleted)

n.

Notices. (Deleted)

o.

Entire Agreement. (Deleted)

p.

Counterparts. (Deleted)

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16. General.

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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.

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EXHIBIT E
Evidence.com Terms of Use

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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 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.
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.

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

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delete any of Agency Content on Evidence.com as a result of a suspension, except as
specified elsewhere in this Agreement.
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.

9

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 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).

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EXHIBIT F
PROFESSIONAL SERVICES
Scope of Services. The project scope will consist of the Services identified on the Pricing
Summary.
1.1.

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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.

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1.2.

Additional training days may be added on to any service package for additional fees set
forth in the Pricing Summary.

2

Out of Scope Services. TASER is responsible to perform only the Services described on the
Pricing Summary. Any additional services discussed or implied that are not defined explicitly
by the Pricing Summary 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.

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23.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.
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

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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 represent 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. (Deleted)

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The TASER Assurance Plan or “TAP” has been purchased as part of the Agreement. TAP
provides hardware extended warranty coverage, Spare Products, and Upgrade Models (defined
as “Cameras, Mounting Accessories, and Docking and Mounting Stations”) at the end of the TAP
Term. TAP only applies to the TASER Product listed in the Agreement 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. The TAP term for all equipment, hardware and software of the System shall be
for the life of the Agreement. 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 Agreement (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 at no additional cost. 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. TASER agrees to a 72 hour
turnaround time for repaired and replacement products.
3.1.

4

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.

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
TAP 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 TAP and made all TAP
payments. .The County may select the date for the upgrade; said date shall occur no more

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EXHIBIT G
TASER ASSURANCE PLAN

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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. At the end of the TAP term, the Agency may buy a new TAP
for any Upgraded Model.
4.1.

TAP Axon Camera Upgrade Models.

4.1.1. If the Agency purchased TAP as a stand-alone service, then TASER will

upgrade the Axon camera a n d a c c e s s o r i e s (and controller if
applicable), free of charge, with a new on-officer video camera that is the
same or similar product line, at the County’s option. If the accessories
differ, TASER shall also include the accessories that are compatible with
the current Upgrade Model free of charge.
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.

5.

TAP Dock Upgrade Models. TASER will upgrade the Dock free of charge, with a new
Dock with the same number of bays that is compatible with the most current
models given to the Agency in Sect ion 4.1. 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 as negotiated by both parties.

TAP Termination. If an invoice for TAP is more than 45 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.

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EXHIBIT H

1.

Term. The term of this SOW commences on the Effective Date. The actual work to be
performed by TASER is not authorized to begin until TASER receives a signed purchase
order for the Integration Services

2.

Scope of Integration Services. The project scope will consist of the development of an
integration module that allows the EVIDENCE.com services to interact with the Agency’s RMS
so that Agency’s licensees may use the integration module to automatically tag the AXON®
recorded videos with a case ID, category, and location. The integration module will allow the
Integration Module License holders to auto populate the AXON video meta-data saved to the
EVIDENCE.com services based on data already maintained in the Agency’s RMS. TASER
is responsible to perform only the Integration Services described in this SOW and any additional
services discussed or implied that are not defined explicitly by this SOW will be considered out
of the scope and may result in additional fees.

3.

Pricing. All Integration Services performed by TASER will be rendered in accordance with the
fees and payment terms set forth in the Pricing Summary of the Agreement.

4.

Delivery of Integration Services.
4.1
Support After Completion of the Integration Services. After completion of the
Integration Services and acceptance by the Agency, TASER will provide up to 5 hours
of remote (phone or Web-based) support services at no additional charge to the
Agency. TASER will also provide support services that result because of a change or
modification in the EVIDENCE.com services at no additional charge as long as the
Agency maintains EVIDENCE.com subscription licenses and Integration Module
Licenses, and as long as the change is not required because the Agency changes its
RMS. Thereafter, any additional support services provided to the Agency will be
charged at TASER’s then current standard professional services rate.
4.2
Changes to Services. Changes to the scope of the Integration Services must be
documented and greed upon by the Parties in a change order. If the changes cause an
increase or decrease in any charges or cause a scheduling change from that originally
agreed upon, an equitable adjustment in the charges or schedule will be agreed upon
by the Parties and included in the change order, signed by both Parties.
4.3
Warranty. TASER warrants that it will perform the Integration Services in a good and
workmanlike manner.

5

Acceptance. TASER will present Agency with a completed Checklist (Checklist) certifying
TASER’s completion of the Integration Services. If Agency reasonably believes that TASER did
not complete the Integration Services in substantial conformance with this SOW, Agency must
notify TASER in writing of its specific reasons for rejection within 7 calendar days from delivery of
the Checklist to the Agency. TASER will address the Agency’s issues and will re-present the
Checklist for the Agency’s review. If TASER does not receive a written notification of the
reasons for rejection of the Checklist, the absence of a response will constitute Agency’s
affirmative acceptance of the Integration Services, and a waiver of any right of rejection.

6

Agency’s Responsibilities. TASER’s successful performance of the Integration Services
depends upon the Agency’s:
6.1
Making available its relevant systems, including its current RMS, for assessment by

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6.3

6.4
6.5
6.6
6.7
6.8
6.9
6.10

TASER (including making these systems available to TASER via remote access if
possible);
Making any required modifications, upgrades or alterations to Agency’s hardware,
facilities, systems and networks related to TASER’s performance of the Integration
Services;
Providing access to the building facilities and where TASER is to perform the
Integration Services, subject to safety and security restrictions imposed by the Agency
(including providing security passes or other necessary documentation to TASER
representatives performing the Integration Services permitting them to enter and exit
Agency premises with laptop personal computers and any other materials needed to
perform the Integration Services);
Providing all necessary infrastructure and software information (TCP/IP addresses,
node names, and network configuration) necessary for TASER to provide the
Integration Services;
Promptly installing and implementing any and all software updates provided by TASER;
Ensuring that all appropriate data backups are performed;
Providing to TASER the assistance, participation, review and approvals and participating
in testing of the Integration Services as requested by TASER;
Providing TASER with remote access to the Agency’s Evidence.com account when
required for TASER to perform the Integration Services;
Notifying TASER of any network or machine maintenance that may impact the
performance of the integration module at the Agency; and
Ensuring the reasonable availability by phone or email of knowledgeable staff and
personnel, system administrators, and operators to provide timely, accurate,
complete, and up-to-date documentation and information to TASER (these contacts
are to provide background information and clarification of information required to
perform the Integration Services).

7

Authorization to Access Computer Systems to Perform Services. Agency authorizes
TASER to access Agency’s relevant computers, network systems, and RMS solely for the
purpose of performing the Integration 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 Agency. 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 Agency.

8

Definitions.
“Integration Services” means the professional services provided by TASER pursuant to the SOW.

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Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at
its own expense, during the term of this Agreement, or as may be further required herein, the following
insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance
certifying that coverage as required herein has been obtained. Individual endorsements executed by
the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or
policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, unless otherwise
directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement
until it has obtained all insurance required and such insurance has been approved by the County.
This approval of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy holder's
alphabetic and financial size category rating of not less than A- V, according to the current Best's
Key Rating Guide or a company of equal financial stability that is approved by the County's
Insurance Manager.
C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet the
specified County insurance requirements without 30 days' prior written notice of such cancellation
or change being delivered to the County of Santa Clara or their designated agent.
D. Insurance Required
1.
Commercial General Liability Insurance - for bodily injury (including death) and property
damage which provides limits as follows:
a.
b.
c.
d.

Each occurrence
$1,000,000
General aggregate
$2,000,000
Products/Completed Operations aggregate - $1,000,000
Personal Injury$1,000,000

2.

General liability coverage shall include:
a.
Premises and Operations
b.
Personal Injury liability
c.
Products/Completed
d.
Severability of interest

3.

General liability coverage shall include the following endorsement, a copy of which shall be
provided to the County:

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EXHIBIT I
INSURANCE REQUIREMENTS FOR
PROFESSIONAL SERVICES CONTRACTS
(e.g. Medical, Legal, Financial services, etc.)

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Additional Insured Endorsement, which shall read:

Insurance afforded by the additional insured endorsement shall apply as primary insurance,
and other insurance maintained by the County of Santa Clara, its officers, agents, and
employees shall be excess only and not contributing with insurance provided under this
policy. Public Entities may also be added to the additional insured endorsement as
applicable and the contractor shall be notified by the contracting department of these
requirements.
4.

Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits of not
less than one million dollars ($1,000,000) combined single limit per occurrence applicable
to owned, non-owned and hired vehicles.

4a.

Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or
subcontractors will operate aircraft or watercraft in the scope of the Agreement)
For bodily injury (including death) and property damage which provides total limits of not
less than one million dollars ($1,000,000) combined single limit per occurrence applicable
to all owned non-owned and hired aircraft/watercraft.

5.

Workers' Compensation and Employer's Liability Insurance
a.
Statutory California Workers' Compensation coverage including broad form
all-states coverage.
b.

6.

Professional Errors and Omissions Liability Insurance
a.
Coverage shall be in an amount of not less than one million dollars ($1,000,000) per
occurrence/aggregate.
b.
c.

7.

8.

Employer's Liability coverage for not less than one million dollars ($1,000,000) per
occurrence.

If coverage contains a deductible or self-retention, it shall not be greater than fifty
thousand dollars ($50,000) per occurrence/event.
Coverage as required herein shall be maintained for a minimum of two years
following termination or completion of this Agreement.

Cyber Liability
a.
Each occurrence
b.
General aggregate

-

$1,000,000
$2,000,000

Cyber liability coverage shall include at a minimum, but not limited to:
a.
Information Security and Privacy Liability
b.
Privacy Notification Costs

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“County of Santa Clara, and members of the Board of Supervisors of the
County of Santa Clara, and the officers, agents, and employees of the County
of Santa Clara, individually and collectively, as additional insureds.”

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Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state
so. In addition to coverage requirements above, such policy shall provide that:
a.
b.

Policy retroactive date coincides with or precedes the Contractor's start of work
(including subsequent policies purchased as renewals or replacements).
Policy allows for reporting of circumstances or incidents that might give rise to future
claims.

E. Special Provisions
The following provisions shall apply to this Agreement:
1.

The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the County or its
insurance consultant(s) are not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement,
including but not limited to the provisions concerning indemnification.

2.

The County acknowledges that some insurance requirements contained in this Agreement
may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in
any way limit liabilities assumed by the Contractor under this Agreement.
Any
self-insurance shall be approved in writing by the County upon satisfactory evidence of
financial capacity. Contractor’s obligation hereunder may be satisfied in whole or in part by
adequately funded self-insurance programs or self-insurance retentions.

3.

Should any of the work under this Agreement be sublet, the Contractor shall require each
of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may
insure subcontractors under its own policies.

4.

The County reserves the right to withhold payments to the Contractor in the event of
material noncompliance with the insurance requirements outlined above.

F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments)
Before receiving compensation under this Agreement, Contractor will furnish County with
evidence that all officials, employees, and agents handling or having access to funds
received or disbursed under this Agreement, or authorized to sign or countersign checks,
are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent
(15%) of the maximum financial obligation of the County cited herein. If such bond is
canceled or reduced, Contractor will notify County immediately, and County may withhold
further payment to Contractor until proper coverage has been obtained. Failure to give
such notice may be cause for termination of this Agreement, at the option of County.

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EXHIBIT J

WHEREAS, County of Santa Clara (“County” or “Covered Entity”) is a Covered Entity, as defined
below, and wishes to disclose certain Protected Health Information (“PHI”) to TASER International Inc.
“Business Associate” pursuant to the terms of the Agreement and this Business Associate Agreement
(“BAA”); and
WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the
security of PHI disclosed to Business Associate pursuant to the Agreement in compliance with the
Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the Health
Information Technology for Economic and Clinical Health Act, Public Law 111-005 (“the HITECH
Act”), and regulations promulgated thereunder by the U.S. Department of Health and Human Services
(the “HIPAA Regulations”) and other applicable law; and
WHEREAS, as part of the HIPAA Regulations, the Privacy Rule and the Security Rule (defined below)
require Covered Entity to enter into a contract containing specific requirements with Business Associate
prior to the disclosure of PHI, as set forth in, but not limited to, Title 45, Sections 164.314(a), 164.502(e)
and 164.504(e) of the Code of Federal Regulations (“C.F.R.”) and contained in this BAA.
In consideration of the mutual promises below and the exchange of information pursuant to the BAA, the
parties agree as follows:
I. Definitions

Terms used, but not otherwise defined, and terms with initial capital letters in the BAA have the same
meaning as defined under the Health Insurance Portability and Accountability Act of 1996, 42 USC §§
1320d et seq. (“HIPAA”) and the implementing regulations and with the Health Insurance Portability
and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for
Economic and Clinical Health Act, Public Law 111-005 (“the HITECH Act”), and regulations
promulgated thereunder by the U.S. Department of Health and Human Services (the “HIPAA
Regulations”) and other applicable laws.
Privacy Breach Any acquisition, access, use or disclosure of Protected Health Information in a manner
not permitted or allowed under state or federal privacy laws.
Business Associate is a person, organization, or agency other than a workforce member that provides
specific functions, activities, or services that involve the use, creation, or disclosure of PHI for, or on
behalf of, a HIPAA covered health care component. Examples of business associate functions are
activities such as claims processing or administration, data analysis, utilization review, quality assurance,
billing, benefit management, practice management, and repricing; and legal, actuarial, accounting,
consulting, data aggregation, management, administrative, accreditation, or financial services.
Covered Entity shall have the meaning given to such term under the Privacy Rule and the Security Rule,
including, but not limited to, 45 C.F.R. Section 160.103.

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Electronic Protected Health Information means Protected Health Information that is maintained in or
transmitted by electronic media.
Electronic Health Record shall have the meaning given to such term in the HITECH Act, including, but
not limited to, 42 U.S.C. Section 17921.
Health Care Operations shall have the meaning given to such term under the Privacy Rule, including,
but not limited to, 45 C.F.R. Section 164.501.
Privacy Rule shall mean the HIPAA Regulation that is codified at 45 C.F.R. Parts 160 and 164, Subparts
A and E.
Protected Health Information or PHI means any information, whether oral or recorded in any form or
medium: (i) that relates to the past, present or future physical or mental condition of an individual; the
provision of health care to an individual; or the past, present or future payment for the provision of health
care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable
basis to believe the information can be used to identify the individual, and shall have the meaning given
to such term under the Privacy Rule, including, but not limited to, 45 C.F.R. Section 164.103. Protected
Health Information includes Electronic Protected Health Information [45 C.F.R. Sections 160.103].
Protected Information shall mean PHI provided by Covered Entity to Business Associate or created or
received by Business Associate on Covered Entity’s behalf.
Security Rule shall mean the HIPAA Regulation that is codified at 45 C.F.R. Parts 160 and 164,
Subparts A and C.
Unsecured PHI shall have the meaning given to such term under the HITECH Act and any guidance
issued pursuant to such Act including, but not limited to, 42 U.S.C. Section 17932(h).
II. Duties & Responsibilities of Business Associate
a.

Permitted Uses. Business Associate shall not use Protected Information except for the purpose
of performing Business Associate’s obligations under the Agreement and as permitted under the
Agreement and the BAA. Further, Business Associate shall not use Protected Information in any
manner that would constitute a violation of the Privacy Rule or the HITECH Act if so used by
Covered Entity. However, Business Associate may use Protected Information (i) for the proper
management and administration of Business Associate, (ii) to carry out the legal responsibilities of
Business Associate, or (iii) for Data Aggregation purposes for the Health Care Operations of Covered
Entity [45 C.F.R. Sections 164.504(e)(2)(ii)(A) and 164.504(e)(4)(i)].

b.

Permitted Disclosures. Business Associate shall not disclose Protected Information except for
the purpose of performing Business Associate’s obligations under the Agreement and as permitted
under the Agreement and the BAA. Business Associate shall not disclose Protected Information in
any manner that would constitute a violation of the Privacy Rule or the HITECH Act if so disclosed

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Designated Record Set shall have the meaning given to such term under the Privacy Rule, including, but
not limited to, 45 C.F.R. Section 164.501.

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by Covered Entity. However, Business Associate may disclose Protected Information (i) for the
proper management and administration of Business Associate; (ii) to carry out the legal
responsibilities of Business Associate; (iii) as required by law; or (iv) for Data Aggregation purposes
for the Health Care Operations of Covered Entity. If Business Associate discloses Protected
Information to a third party, Business Associate must obtain, prior to making any such disclosure, (i)
reasonable written assurances from such third party that such Protected Information will be held
confidential as provided pursuant to this BAA and only disclosed as required by law or for the
purposes for which it was disclosed to such third party, and (ii) a written agreement from such third
party to immediately notify Business Associate of any breaches of confidentiality of the Protected
Information within 10 calendar days of discovery, to the extent it has obtained knowledge of such
breach [42 U.S.C. Section 17932; 45 C.F.R. Sections 164.504(e)(2)(i), 164.504(e)(2)(i)(B),
164.504(e)(2)(ii)(A) and 164.504(e)(4)(ii)].
c.

Prohibited Uses and Disclosures. Business Associate shall not use or disclose Protected
Information for fundraising or marketing purposes. Business Associate shall not disclose Protected
Information to a health plan for payment or health care operations purposes if the patient has
requested this special restriction, and has paid out of pocket in full for the health care item or service
to which the PHI solely relates [42 U.S.C. Section 17935(a)]. Business Associate shall not directly or
indirectly receive remuneration in exchange for Protected Information, except with the prior written
consent of Covered Entity and as permitted by the HITECH Act, 42 U.S.C. section 17935(d)(2);
however, this prohibition shall not affect payment by Covered Entity to Business Associate for
services provided pursuant to the Agreement.

d.

Appropriate Safeguards. Business Associate shall implement appropriate administrative,
technological and physical safeguards as are necessary to prevent the use or disclosure of Protected
Information otherwise than as permitted by the Agreement and the BAA that reasonably and
appropriately protect the confidentiality, integrity and availability of the Protected Information, in
accordance with 45 C.F.R. Sections 164.308, 164.310, 164.312 and 164.316. [45 C.F.R. Section
164.504(e) (2) (ii) (B); 45 C.F.R. Section 164.308(b)]. Business Associate shall comply with the
policies and procedures and documentation requirements of the HIPAA Security Rule, including, but
not limited to, 45 C.F.R. Section 164.316 [42 U.S.C. Section 17931].

e.

Reporting of Improper Access, Use or Disclosure. Business Associate shall report to Covered
Entity in writing any access, use or disclosure of Protected Information not permitted by the
Agreement and BAA, and any Breach of Unsecured PHI of which it becomes aware without
unreasonable delay and in no case later than 10 calendar days after discovery [42 U.S.C. Section
17921; 45 C.F.R. Section 164.504(e) (2) (ii) (C); 45 C.F.R. Section 164.308(b)]. All reports to
Covered Entity pursuant to this section shall be sent to the Covered Entity Compliance Officer by
facsimile and U.S. mail using the following contact information:
Compliance & Privacy Officer
Santa Clara Valley Health & Hospital System
2325 Enborg Lane, Suite 360
San Jose, CA 95128
Facsimile (408) 885-6886
Telephone (408) 885-3794

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The breach notice must contain: (1) a brief description of what happened, including the date of the
breach and the date of the discovery of the breach, if known, (2) the location of the breached
information; (3) a description of the types of PHI that were involved in the breach,(4) Safeguards in
place prior to the breach; (5) Actions taken in response to the breach; (3) any steps individuals should
take to protect themselves from potential harm resulting from the breach, (4) a brief description of
what the business associate is doing to investigate the breach, to mitigate harm to individuals, and to
protect against further breaches, and (5) contact procedures for individuals to ask questions or learn
additional information, which shall include a toll-free telephone number, an e-mail address, website
or postal address. [45 C.F.R Section 164.410] Business Associate shall take (i) prompt corrective
action to cure any such deficiencies and (ii) any action pertaining to such unauthorized disclosure
required by applicable federal and state laws and regulations.
f.

Business Associate’s Agents. Business Associate shall ensure that any agents, including
subcontractors, to whom it provides Protected Information, agree in writing to the same restrictions
and conditions that apply to Business Associate with respect to such PHI and implement the
safeguards required by paragraph c above with respect to Electronic PHI [45 C.F.R. Section
164.504(e) (2) (ii) (D); 45 C.F.R. Section 164.308(b)]. Business Associate shall implement and
maintain sanctions against agents and subcontractors that violate such restrictions and conditions and
shall mitigate the effects of any such violation (see 45 C.F.R. Sections 164.530(f) and 164.530(e)
(1)).

g.

Access to Protected Information. Business Associate shall make Protected Information
maintained by Business Associate or its agents or subcontractors in Designated Record Sets available
to Covered Entity for inspection and copying within ten (10) days of a request by Covered Entity to
enable Covered Entity to fulfill its obligations under the Privacy Rule, including, but not limited to,
45 C.F.R. Section 164.524 [45 CF.R. Section 164.504(e) (2) (ii) (E)]. If Business Associate maintains
an Electronic Health Record, Business Associate shall provide such information in electronic format
to enable Covered Entity to fulfill its obligations under the HITECH Act, including, but not limited
to, 42 U.S.C. Section 17935(e).

h. Electronic PHI. If Business Associate receives, creates, transmits or maintains EPHI on behalf of
Covered Entity, Business Associate will, in addition, do the following:
(1)
Develop, implement, maintain and use appropriate administrative, physical, and technical
safeguards in compliance with Section 1173(d) of the Social Security Act, Title 42,
Section 1320(s) or the United States Code and Title 45, Part 162 and 164 of CFR to
preserve the integrity and confidentiality of all electronically maintained or transmitted
PHI received from or on behalf of Covered Entity.
(2)
Document and keep these security measures current and available for inspection by
Covered Entity.
(3)
Ensure that any agent, including a subcontractor, to whom the Business Associate
provides EPHI, agrees to implement reasonable and appropriate safeguards to protect it.
(4)
Report to the Covered Entity any Security Incident of which it becomes aware. For the
purposes of this BAA and the Agreement, Security Incident means, as set forth in 45
C.F.R section 164.304, “the attempted or successful unauthorized access, use, disclosure,
modification, or destruction of information or interference with system operations in an
information system.”

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i. Amendment of PHI. Within ten (10) days of receipt of a request from Covered Entity for an
amendment of Protected Information or a record about an individual contained in a Designated
Record Set, Business Associate or its agents or subcontractors shall make such Protected Information
available to the County for amendment and incorporate any such amendment to enable Covered
Entity to fulfill its obligations under the Privacy Rule. If any individual requests an amendment of
Protected Information directly from Business Associate or its agents or subcontractors, Business
Associate must notify Covered Entity in writing within five (5) days of the request. Any approval or
denial of amendment of Protected Information maintained by Business Associate or its agents or
subcontractors shall be the responsibility of Covered Entity.
j. Accounting Rights. Promptly upon any disclosure of Protected Information for which Covered
Entity is required to account to an individual, Business Associate and its agents or subcontractors
shall make available to Covered Entity the information required to provide an accounting of
disclosures to enable Covered Entity to fulfill its obligations under the Privacy Rule, and the
HITECH Act, as determined by Covered Entity. Business Associate agrees to implement a process
that allows for an accounting to be collected and maintained by Business Associate and its agents or
subcontractors for at least six (6) years prior to the request. Accounting of disclosures from an
Electronic Health Record for treatment, payment or health care operations purposes are required to be
collected and maintained for three (3) years prior to the request, and only to the extent Business
Associate maintains an electronic health record and is subject to this requirement.
At a minimum, the information collected and maintained shall include: (i) the date of disclosure; (ii)
the name of the entity or person who received Protected Information and, if known, the address of the
entity or person; (iii) a brief description of Protected Information disclosed and (iv) a brief statement
of purpose of the disclosure that reasonably informs the individual of the basis for the disclosure, or a
copy of the individual's authorization, or a copy of the written request for disclosure. In the event that
the request for an accounting is delivered directly to Business Associate or its agents or
subcontractors, Business Associate shall within five (5) days of a request forward it to Covered Entity
in writing. It shall be Covered Entity’s responsibility to prepare and deliver any such accounting
requested. Business Associate shall not disclose any Protected Information except as set forth in the
Agreement, including this BAA.
k. Governmental Access to Records. Business Associate shall make its internal practices, books and
records relating to the use and disclosure of Protected Information available to Covered Entity and to
the Secretary of the U.S. Department of Health and Human Services (the “Secretary”) for purposes of
determining Business Associate s compliance with the Privacy Rule. Business Associate shall provide
to Covered Entity a copy of any Protected Information that Business Associate provides to the
Secretary concurrently with providing such Protected Information to the Secretary.
l. Minimum Necessary. Business Associate (and its agents or subcontractors) shall request, use and
disclose only the minimum amount of Protected Information necessary to accomplish the purpose of
the request, use, or disclosure. Business Associate understands and agrees that the definition of
“minimum necessary” is in flux and shall keep itself informed of guidance issued by the Secretary
with respect to what constitutes “minimum necessary.”

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n. Audits, Inspection and Enforcement. Within ten (10) days of a written request by Covered Entity,
Business Associate and its agents or subcontractors shall allow Covered Entity to conduct a
reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures
relating to the use or disclosure of Protected Information pursuant to this BAA for the purpose of
determining whether Business Associate has complied with this BAA; provided, however, that (i)
Business Associate and Covered Entity shall mutually agree in advance upon the scope, timing and
location of such an inspection, (ii) Covered Entity shall protect the confidentiality of all confidential
and proprietary information of Business Associate to which Covered Entity has access during the
course of such inspection; and (iii) Covered Entity shall execute a nondisclosure agreement, upon
terms mutually agreed upon by the parties, if requested by Business Associate .
The fact that Covered Entity inspects, or fails to inspect, or has the right to inspect, Business
Associate ’s facilities, systems, books, records, agreements, policies and procedures does not relieve
Business Associate of its responsibility to comply with the BAA, nor does Covered Entity’s (i) failure
to detect or (ii) detection, but failure to notify Business Associate or require Business Associate ’s
remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of
Covered Entity’s enforcement rights under the Agreement or BAA, Business Associate shall notify
Covered Entity within ten (10) days of learning that Business Associate has become the subject of an
audit, compliance review, or complaint investigation by the Office for Civil Rights.
III. Termination
a. Material Breach. A breach by Business Associate of any provision of this BAA, as determined by
Covered Entity, shall constitute a material breach of the Agreement and shall provide grounds for
immediate termination of the Agreement, any provision in the Agreement to the contrary
notwithstanding [45 C.F.R. Section 164.504(e)(2)(iii)].
b. Judicial or Administrative Proceedings. Covered Entity may terminate the Agreement, effective
immediately, if (i) Business Associate is named as a defendant in a criminal proceeding for a
violation of HIPAA, the HITECH Act, the HIPAA Regulations or other security or privacy laws or
(ii) a finding or stipulation that the Business Associate has violated any standard or requirement of
HIPAA, the HITECH Act, the HIPAA Regulations or other security or privacy laws is made in any
administrative or civil proceeding in which the Business Associate has been joined.
c. Effect of Termination. Upon termination of the Agreement for any reason, Business Associate shall,
at the option of Covered Entity, return or destroy all Protected Information that Business Associate or
its agents or subcontractors still maintain in any form, and shall retain no copies of such Protected
Information. If return or destruction is not feasible, as determined by Covered Entity, Business
Associate shall continue to extend the protections of Section 2 of the BAA to such information, and
limit further use of such PHI to those purposes that make the return or destruction of such PHI
infeasible. [45 C.F.R. Section 164.504(e) (ii) (2(I)]. If Covered Entity elects destruction of the PHI,
Business Associate shall certify in writing to Covered Entity that such PHI has been destroyed.

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m. Data Ownership. Business Associate acknowledges that Business Associate has no ownership rights
with respect to the Protected Information.

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a. Indemnification. In addition to the indemnification language in the Agreement, Business Associate
agrees to be responsible for, and defend, indemnify and hold harmless the County for any breach of
Business Associate’s privacy or security obligations under the Agreement, including any fines and
assessments that may be made against SCVHHS or the Business Associate for any privacy breaches
or late reporting.
b. Disclaimer. The County makes no warranty or representation that compliance by Business Associate
with this BAA, HIPAA, the HITECH Act, or the HIPAA Regulations will be adequate or satisfactory
for Business Associate’s own purposes. Business Associate is solely responsible for all decisions
made by Business Associate regarding the safeguarding of PHI.
c. Amendment to Comply with Law. The parties acknowledge that state and federal laws relating to
data security and privacy are rapidly evolving and that amendment of the Agreement and/or BAA
may be required to provide for procedures to ensure compliance with such developments. The parties
specifically agree to take such action as is necessary to implement the standards and requirements of
HIPAA, the HITECH Act, the Privacy Rule, the Security Rule and other applicable laws relating to
the security or confidentiality of PHI. The parties understand and agree that the County must receive
satisfactory written assurance from Business Associate that Business Associate will adequately
safeguard all Protected Information.
Upon the request of either party, the other party agrees to promptly enter into negotiations concerning
the terms of an amendment to the BAA embodying written assurances consistent with the standards
and requirements of HIPAA, the HITECH Act, the Privacy Rule, the Security Rule or other
applicable laws. The County may terminate the Agreement upon thirty (30) days written notice in the
event (i) Business Associate does not promptly enter into negotiations to amend the Agreement or
BAA when requested by the County pursuant to this Section or (ii) Business Associate does not enter
not enter into an amendment to the Agreement or BAA providing assurances regarding the
safeguarding of PHI that Covered Entity, in its sole discretion, deems sufficient to satisfy the
standards and requirements of applicable laws.
d. Assistance in Litigation of Administrative Proceedings. Business Associate shall make itself, and
any subcontractors, employees or agents assisting Business Associate in the performance of its
obligations under the Agreement or BAA, available to Covered Entity, at no cost to Covered Entity,
to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being
commenced against Covered Entity, its directors, officers or employees based upon a claimed
violation of HIPAA, the HITECH Act, the Privacy Rule, the Security Rule, or other laws relating to
security and privacy, except where Business Associate or its subcontractor, employee or agent is
named adverse party.
e. No Third-Party Beneficiaries. Nothing express or implied in the Agreement or BAA is intended to
confer, nor shall anything herein confer, upon any person other than Covered Entity, Business
Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities
whatsoever.

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IV. General Provisions

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g. Interpretation. The provisions of this BAA shall prevail over any provisions in the Agreement that
may conflict or appear inconsistent with any provision in this BAA. The BAA and the Agreement
shall be interpreted as broadly as necessary to implement and comply with HIPAA, the HITECH Act,
the Privacy Rule and the Security Rule. The parties agree that any ambiguity in this BAA shall be
resolved in favor of a meaning that complies and is consistent with HIPAA, the HITECH Act, the
Privacy Rule and the Security Rule.
h. Survivorship. The respective rights and responsibilities of Business Associate related to the
handling of PHI survive termination of this Agreement.

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f. Effect on Agreement. Except as specifically required to implement the purposes of the BAA, or to
the extent inconsistent with this BAA, all other terms of the Agreement shall remain in force and
effect.

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County of Santa Clara Travel Policy
Quick Reference Guide for Contractors
(Revised 8-2014)
Page 1 of 4
Introduction
County service agreements and contracts shall be written to comply with the County Travel
Policy when terms include travel provisions for contractors whose travel expenses are paid by
the County. This is required with the exception of a grant policy that specifically indicates that a
different policy shall apply.
Guiding Principles
Payments of travel expenses are limited to training and business purposes that benefit the
County. All expenses incurred while on County business should reflect reasonable and prudent
use of public funds. Contractors should choose the most efficient, direct and economic travel
options required by the occasion.
Travel Authorization
Travel expenses submitted by contractors are reimbursable by the County through a written
contractual obligation signed by both parties. Contractors are obligated to follow the policies
and procedures described therein.
Contractors shall ensure that all travel on behalf of the County is necessary and allowable prior
to making any reservation or embarking on the trip.
The department contractor monitor approving the travel expenses shall determine:
1. If the trip is necessary
2. If the business reason for the trip is justified
3. If the business purpose could be accomplished by telephone, email or other means
4. If the estimated cost justifies the trip
Reservations for Airfare and Car Rental
Depending on the language in the contract, reservations required for travel by contractors can
be arranged through the County’s designated travel agency whenever practicable or by
contractors when lowest available rate can be obtained and price is comparable to those
obtained from the County’s travel agency.
Reimbursable Travel Costs
Reimbursable travel costs are limited to those that are actual and necessary. When arranging
for travel, contractors should consider any special rates, promotions, etc., which would reduce
County cost. For example, some special rates are available to those who are traveling on
government business.

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EXHIBIT K

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Transportation Costs
In determining the mode of transportation, contractors should consider relative costs,
time efficiencies, and the number of people traveling together. The County will reimburse
contractors for standard coach airfare at the lowest available rate, and reasonable and
actual add-on airline fees when submitted with receipt(s).
Contractors who use private vehicle for traveling on County business will be reimbursed
at the current IRS published rate. When traveling to a destination with scheduled airline
service, the mileage payment may not exceed the equivalent coach class airfare plus
avoided mileage to/from airport and local airport long term parking cost. Rental car rates
should be comparable to State rental car contract with low base rates. Reimbursement is
limited to standard sedan or vehicle commensurate with the requirement of the trip with
proper approval. The rental car must be turned in promptly at conclusion of the travel.
Additional daily charges will not be reimbursed. Current proof of auto insurance must be
provided when requesting mileage or rental car reimbursement for County business.
Travel Insurance
Contractors assume all risks and expenses associated with obtaining insurance deemed
necessary when using private vehicles or rental vehicles for business-related travel. The
cost of such insurance is not reimbursable. It is the contractors’ responsibility to protect
against damage to their vehicles and legal liability in the form of insurance that complies
with the State of California law and Insurance Code.
Lodging Costs
Lodging expenses will be reimbursed at the actual expenses up to the federal per diem
rate plus hotel tax. Itemized receipt must be provided.
Meal Costs
Meals on authorized County business will be reimbursed at the federal meal per diem
rate.
Federal Per Diem Rate
For Travel within the Continental US, use rate listed on http://www.gsa.gov/
• Includes 48 contiguous states and District of Columbia high cost locations
• Applies to short term travel (29 days or fewer)
• Use County Code (www.naco.org) search when the city is not listed and to identify
• if the city is in a high cost county
• If neither city nor county is listed, use CONUS standard lodging/meal rate

Incidental and Other Reimbursable Expenses
Reasonable and necessary costs for other travel expenses will be reimbursed when
supported by itemized receipts (if more than $10) or other appropriate documentation.
Incidental expenses incurred will be reimbursed up to GSA limit (currently at $5 per day)

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23.a

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1. Expenses incurred prior to the execution of the agreement
2. Expenses incurred after the expiration of the agreement
3. During the term of the agreement, but without proper approval by the department contract
monitor
4. Travel costs in excess of those allowed within the County Travel Policy or those
prescribed by the contract
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

If official business travel is interrupted for personal convenience, any resulting
additional expenses shall be borne by the contractor.
Airfare exceeding the lowest available price for standard coach class
Parking and traffic violations
Mileage for County vehicle
Mileage for commute to work
Emergency repairs for non-County vehicles
Insurance not provided for under the Travel Policy
Car rental service option and small vehicle insurance
Tips exceeding guidelines
Airline club membership or credit card fees
Refreshments, snacks, alcoholic beverages
Personal travel expenses
Medicinal remedies, health supplies, cosmetics
Personal entertainment, e.g. in-room movies
Childcare fees or kennel/boarding fees
Short term airport parking exceeding long term rate
Incidental expenses that are to be of personal nature, extravagant, or might be
considered to be unreasonable or unnecessary

Final Accounting for the Trip
A final accounting for the trip must be provided to the department within 21 days after the end of
the trip. Travel reimbursement submitted after six months from the travel end-date will not be
reimbursed.
Travel Receipts
If the agreement has a provision for travel reimbursement, the contractors’ travel expenses
submitted for reimbursement must be substantiated by valid receipts or other appropriate
written evidence that show the following:
•
•
•

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

Non-reimbursable Expenses include:
Travel and related expenses performed outside the scope of contract agreement will be denied.
This includes, but not limited to:

Name of the establishment
Location of the establishment
Date(s) the expense(s) incurred

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•
•

23.a

The type of expenses, and
The amount of the expenses

•
•
•
•
•

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

The following documentation, when applicable, must be included with each travel expense
report:
Airline ticket - the invoice, e-ticket, or the original passenger copy of the airline ticket
Lodging - the itemized lodging receipt
Automobile rental - the original rental receipt
Other expenses: for all other expenses, the original receipt must be provided for any
single item costing $10 or more
Other required documentation as specified in the contract

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Exhibit # L_
to Agreement Between [TASER]
Dated [12/6/2016]

1.

Scope of Access

a. “Remote Access” is the act of accessing County of Santa Clara (“County”) systems from a
non-County network infrastructure. “Systems” include but are not limited to personal computers,
workstations, servers, mainframes, phone systems, and/or any device with network capabilities
(e.g., a workstation with an attached modem, routers, switches, laptop computers, handheld
devices).
b. County hereby grants Remote Access privileges for Contractor to access the following
County systems, at the locations listed, collectively referred to as “IS,” in accordance with the
terms of the Agreement:
County Systems:
Click here to enter County Systems.
c. All other forms of access to the named Systems, or to any County System that is not
specifically named, is prohibited.
d. Remote Access is granted for the purpose of Contractor providing services and performing its
obligations as set forth in the Agreement including, but not limited to, supporting Contractorinstalled programs. Any access to IS, County data or information, or any other County
computer system, network or asset that is not specifically authorized under the terms of this
Agreement is prohibited and may result in contract termination and any penalty allowed by law.
e. County will review the scope of Contractor’s Remote Access rights periodically. In no
instance will Contractor’s Remote Access rights be reduced, limited or modified in a way that
prevents or delays Contractor from performing its obligations as set forth in the Agreement. Any
modifications to Remote Access rights must be mutually agreed to in writing by County and
Contractor.

2.

Security Requirements

a. Contractor will not install any Remote Access capabilities on any County owned or managed
system or network unless such installation and configuration is approved in writing by County’s
and Contractor’s respective designees.
b. Contractor may only install and configure Remote Access capabilities on County systems or
networks in accordance with industry standard protocols and procedures, which must be
reviewed and approved by County’s designee.
c. Contractor will only Remotely Access County systems, including access initiated from a
County system, if the following conditions are met:

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

and Santa Clara County [Office of the Sheriff ]

1. Upon request by an authorized County representative, Contractor will submit
documentation verifying its own network security mechanisms to County for County’s

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2. Contractor Remote Access must utilize one of the remote access methods listed
below in Section 8 of this document or an alternative mutually agreed upon method,
documented in writing, that includes the following minimum control mechanisms:
a. Two-Factor Authentication: An authentication method that requires two of the
following three factors to confirm the identity of the user attempting Remote
Access. Those factors include: 1) something you possess (e.g., security token
and/or smart card); 2) something you know (e.g., a personal identification
number (PIN)); or 3) something you are (e.g., fingerprints, retina scan). The
only exceptions are County approved County site to Contractor site Virtual
Private Network (VPN) infrastructure.
b. Centrally controlled authorizations (permissions) that are user specific (e.g.,
access lists that limit access to specific systems or networks).
c. Audit tools that create detailed records/logs of access attempts.
d. All Contractor systems used to Remotely Access County systems must have
industry-standard anti-virus and other security measures that might be required
by the County (e.g., software firewall) installed, configured, and activated.
e. Access must be established through a centralized collection of hardware and
software centrally managed and controlled by County’s and Contractor’s
respective designees.
3.

Monitoring/Audit

County will monitor access to, and activities on, County owned or managed systems and
networks, including all Remote Access attempts. Data on all activities will be logged on a
County managed system and will include the date, time, and user identification.
4.

Copying, Deleting or Modifying Data

Contractor is prohibited from copying, modifying, or deleting any data contained in or on
any County IS unless otherwise stated in the Agreement or unless Contractor receives
prior written approval from County. This does not include data installed by the
Contractor to fulfill its obligations as set forth in the Agreement.
5.

Connections to Non-County Networks and/or Systems

Contractor agrees to make every effort to protect County’s data contained on County owned
and/or managed systems and networks within Contractor’s control from unauthorized access.
Prior written approval is required before Contractor may access County networks or systems
from non-County owned and/or managed networks or systems. Such access will be made in
accordance with industry standard protocols and procedures as mutually agreed upon and will
be approved in writing by County in a timely manner. Remote Access must include the control
mechanisms noted in Paragraph 2.c.2 above.
6.

Person Authorized to Act on Behalf of Parties

The following persons are the designees for purposes of this Agreement:

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

review and approval. The County reserves the right to advanced written approval of
Contractor’s security mechanisms prior to Contractor being granted Remote Access.

Contractor: Title/ Designee
Click here to enter Title._/_Click here to enter Designee._

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County: Title/ Designee

Either party may change the aforementioned names and or designees by providing the other
party with no less than three (3) business days prior written notice.
7.

Remote Access Provisions

Contractor agrees to the following:
a. Only staff providing services or fulfilling Contractor obligations under the Agreement will be
given Remote Access rights.
b. Any access to IS and/or County information that is not specifically authorized under the terms
of this Agreement is prohibited and may result in contract termination and any other penalty
allowed by law.
c. An encryption method reviewed and approved by the County will be used. County is solely
responsible and liable for any delay or failure of County, as applicable, to approve the
encryption method to be used by Contractor where such delay or failure causes Contractor to
fail to meet or perform, or be delayed in meeting or performing, any of its obligations under
the Agreement.
d. Contractor will be required to log all access activity to the County. These logs will be kept for
a minimum of 90 days and be made available to County no more frequently than once every
90 days.
8.

Remote Access Methods

a. All forms of Remote Access will be made in accordance with mutually agreed upon industry
standard protocols and procedures, which must be approved in writing by the County.
b. A Remote Access Back-Up Method may be used in the event that the primary method of
Remote Access is inoperable.
c. Contractor agrees to abide by the following provisions related to the Primary and (if
applicable) Backup Remote Access Methods selected below. (Please mark appropriate box for
each applicable Remote Access Method; if a method is not applicable, please check the box
marked N/A).
1.

VPN Site-to-Site

The VPN Site-to-Site method involves a VPN concentrator at both the vendor site and at
the County, with a secure “tunnel” opened between the two concentrators. If using the
VPN Site-to-Site Method, Contractor support staff will have access to the designated
software, devices and systems within the County, as specified above in Paragraph 1.b,
from selected network-attached devices at the vendor site.
2.

VPN Client Access

In the VPN Client Access method, a VPN Client (software) is installed on one or more
specific devices at the Contractor site, with Remote Access to the County (via a County
VPN concentrator) granted from those specific devices only.

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

Click here to enter Title._/_Click here to enter Designee.

An Authentication Token (a physical device or software token that an authorized remote
access user is given for user authentication purposes, such as a CryptoCard, RSA token,

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a. Because the Authentication Token allows access to privileged or confidential
information residing on the County’s IS, the Contractor agrees to treat the
Authentication Token as it would a signature authorizing a financial commitment on
the part of the Contractor.
b. A hardware Authentication Token is a County-owned physical device, and will be
labeled as such. The label must remain attached at all times.
c. The Authentication Token is issued to an individual employee of the Contractor and
may only be used by the designated individual.
d. The Authentication Token must be kept in the possession of the individual Contractor
employee it was issued to or in a secured environment under the direct control of the
Contractor, such as a locked office where public or other unauthorized access is not
allowed.
e. If the Contractor’s remote access equipment is moved to a non-secured site, such as
a repair location, the Authentication Token will be kept under Contractor control.
f.

If the Authentication Token is misplaced, stolen, or damaged, the Contractor will
notify County by phone within one (1) business day.

g. Contractor agrees to use the Authentication Token as part of its normal business
operations and for legitimate business purposes only.
h. The Authentication Token will be issued to Contractor following execution of this
Agreement. Hardware Authentication Tokens will be returned to the County’s
designee within five (5) business days following contract termination, or upon written
request of the County for any reason.
i.

Contractor will notify County’s designee within one working day of any change in
personnel affecting use and possession of the Authentication Token. Contractor will
obtain the Authentication Token from any employee who no longer has a legitimate
need to possess the Authentication Token. Lost or non-returned hardware
Authentication Tokens will be billed to the Contractor in the amount of $300 per card.

j.

Contractor will not store account or password documentation or PINs with
Authentication Tokens.

k. Contractor agrees that all employees, agents, contractors, and subcontractors who
are issued the Authentication Token will be made aware of the responsibilities set
forth in this Agreement in written form. Each person having possession of a
Authentication Token will execute this Agreement where indicated below certifying
that they have read and understood the terms of this Agreement.
3.

County-Controlled VPN Client Access

This form of Remote Access is similar to VPN Client access, except that the County will
maintain control of the Authentication Token and a PIN number will be provided to the
Contractor for use as identification for Remote Access purposes. When the Contractor
needs to access County IS, the Contractor must first notify the County’s designee.

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SecureAuth IdP, Arcot software token, or other such County approved one-timepassword mechanism) will be issued to the Contractor in order to authenticate
Contractor staff when accessing County IS via this method. The Contractor agrees to the
following when issued an Authentication Token:

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a. Because the PIN number allows access to privileged or confidential information
residing on the County’s IS, the Contractor agrees to treat the PIN number as it
would a signature authorizing a financial commitment on the part of the
Contractor.
b. The PIN number is confidential, County-owned, and will be identified as such.
c. The PIN number must be kept in a secured environment under the direct control
of the Contractor, such as a locked office where public or other unauthorized
access is not allowed.
d.

If the Contractor’s remote access equipment is moved to a non-secured site,
such as a repair location, the PIN number will be kept under Contractor control.

e. The PIN number can only be released to an authorized employee of the
Contractor and may only be used by the designated individual.
f.

If the PIN number is compromised or misused, the Contractor will notify the
County’s designee within one (1) business day.

g. Contractor will use the PIN number as part its normal business operations and
for legitimate business purposes only. Any access to IS and/or County data
information that is not specifically authorized under the terms of this Agreement
is prohibited and may result in contract termination and any other penalty allowed
by law.
h. The PIN number will be issued to Contractor following execution of this
Agreement.
i.

4.

The PIN number will be inactivated by the County’s designee within five (5)
business days following contract termination, or as required by the County for
any reason.
County-Controlled Enexity Access

This access method is only available for Health and Hospital System vendors.
The County-Controlled Enexity Access method involves using Securelink’s Enexity tool
installed in the County. County will establish a gateway where the vendor can access the
designated software, devices and systems within the County, as specified above in
Paragraph 1.b, from selected network-attached devices at the County site. County will
control the access list for Vendors with access through Enexity gateways.
Signatures of Contractor Employees receiving Authentication Tokens (Only for VPN Client
Access and if tokens issued by County):
SIGNATURE: __________________________________

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

The County’s designee will verify the PIN number provided by the Contractor. After
verification of the PIN the County’s designee will give the Contractor a one-time
password which will be used to authenticate Contractor when accessing the County’s IS.
Contractor agrees to the following:

[TYPE NAME AND TITLE HERE.]
Date: _________________________________

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SIGNATURE: __________________________________
[TYPE NAME AND TITLE HERE.]

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

Date: _________________________________
SIGNATURE: __________________________________
[TYPE NAME AND TITLE HERE.]
Date: _________________________________
SIGNATURE: __________________________________
[TYPE NAME AND TITLE HERE.]
Date: _________________________________
///
///
///

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EXHIBIT M
USER RESPONSIBILITY STATEMENT
FOR THIRD PARTIES

a. In consideration for accessing the County of Santa Clara (“County”) networks and/or
information systems, User agrees to the terms and conditions contained in this County User
Responsibility Statement for Third Parties (“URS”), as evidenced by User’s signature on the
URS.
b. Users allowed access to County resources remotely shall sign Attachment A.
c. Users allowed to use a personally‐owned device for County business shall sign Attachment
B.
d. County in its sole discretion may require Users to execute a separate Business Associate
Agreement as a condition to access County networks and/or information systems.
e. This URS and its attachments shall be effective until terminated. User or County may
terminate this URS by giving three (3) days written notice to the other party.
2. DEFINITIONS
a. “County Confidential Information” is all material non-public information, written or oral,
disclosed, directly or indirectly, through any means of communication or observation by
County to Contractor or any of its affiliates or representatives
b. “County information systems and networks” include, but are not limited to, all
County‐owned, rented, or leased servers, mainframe computers, desktop computers, laptop
computers, handheld devices (including smart phones, wireless PDAs and Pocket PCs),
equipment, networks, application systems, data bases and software. These items are
typically under the direct control and management of County information system support
staff. Also included are information systems and networks under the control and
management of a service provider for use by County, as well as any personally‐owned
device that a User has express written permission to use for County purposes.
c. “County‐owned information/data” is any information or data that is transported across a
County network, or that resides in a County‐owned information system, or on a network or
system under the control and management of a service provider for use by County. This
information/data is the exclusive property of County, unless constitutional provision, State
or Federal statute, case law, or contract provide otherwise. County‐owned
information/data does not include a User’s personal, non‐County business information,
communications, data, files and/or software transmitted by or stored on a

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1. GENERAL PROVISIONS

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d. “Mobile device” is any computing device that fits one of the following categories: laptops;
Personal Digital Assistants (PDAs); handheld notebook computers and tablets, including but
not limited to those running Microsoft Windows CE, Pocket PC, Windows Mobile, or Mobile
Linux operating systems; and “smart phones” that include email and/or data storage
functionality, such as BlackBerry, Treo, Symbian‐based devices, iPhones and Android
devices. Note that the category “Mobile Device” does not include devices that are used
exclusively for the purpose of making telephone calls.
e. “Public record” is any writing, including electronic documents, relating to the conduct of the
people’s business as defined by Government Code section 6252.
f.

“Remote access” is defined as any access to County Information Technology (“IT”) resources
(networks or systems) that occurs from a non‐County infrastructure, no matter what
technology is used for this access. This includes, but is not limited to, access to County IT
resources from personal computers located in User’s homes.

g. “Users” include individuals who have been authorized to access County networks and
systems.
3. GENERAL CODE OF RESPONSIBILITY
a. The following General Code of Responsibility defines the basic standards for User interaction
with County information systems and networks. All Users of County information systems
and networks shall comply with these minimum standards.
b. Users are personally responsible for knowing and understanding the appropriate standards
for user conduct, and are personally responsible for any actions they take that do not
comply with County policies and standards. If a User is unclear as to the appropriate
standards, User shall ask County for guidance.
c. Users shall comply with County standards for password definition, use, and management.
d. Only authorized County staff may attach any form of computer equipment to a County
network or system. This includes, but is not limited to, attachment of such devices as
laptops, PDAs, peripherals (e.g., external hard drives, printers), and USB storage media.
e. User shall not use USB storage media on any County computer system. All such devices
shall be County‐owned, formally issued to User by County, and used only for legitimate
County purposes.

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personally‐owned device if that information/data is not transported across a County
network or does not reside in a County‐owned information system or on a network or
system under the control and management of a service provider for use by County.

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User shall not connect County-owned computing equipment, including USB storage media,
to non‐County systems or networks, unless County gives its express written permission.
This formal approval process ensures that the non-County system or network in question
has been evaluated for compliance with County security standards. An example of a
permitted connection to a non-County system or network would be approved connection of
a County issued laptop to a home network.

g. User shall not install, configure, or use any device intended to provide connectivity to a
non‐County network or system (such as the Internet), on any County system or network,
without County’s express written permission. If authorized to install, configure or use such
a device, User shall comply with all applicable County standards designed to ensure the
privacy and protection of data, and the safety and security of County systems.
h. The unauthorized implementation or configuration of encryption, special passwords,
biometric technologies, or any other methods to prevent access to County resources by
those individuals who would otherwise be legitimately authorized to do so is prohibited.
i.

Users shall not attempt to elevate or enhance their assigned level of privileges unless
County gives its express written permission. Users who have been granted enhanced
privileges due to their specific jobs, such as system or network administrators, shall not
abuse these privileges and shall use such privileges only in the performance of appropriate,
legitimate job functions.

j.

Users shall use County‐approved authentication mechanisms when accessing County
networks and systems, and shall not deactivate, disable, disrupt, or bypass (or attempt to
deactivate, disable, disrupt, or bypass) any security measure or security configuration
implemented by County.

k. Users shall not circumvent, or attempt to circumvent, legal guidelines on software use and
licensing. If a User is unclear as to whether a software program may be legitimately copied
or installed, it is the responsibility of the User to check with County.
l.

All software on County systems shall be installed by authorized County support staff. Users
may not download or install software on any County system unless express written
permission has been obtained from County.

m. Users shall immediately report to County the loss or theft of County‐owned computer
equipment, or of personally‐owned computer equipment that has been approved for use in
conducting County business. Users are also expected to be aware of security issues, and
shall immediately report incidents involving breaches of security to County, such as the
installation of an unauthorized device, or a suspected software virus.

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i. Users shall not access, or attempt to access, County systems or information unless
specifically authorized to do so, and there is a legitimate business need for such
access.
ii. Users shall not allow unauthorized individuals to use their assigned computer
accounts; this includes the sharing of account passwords.
iii. Users shall not knowingly disclose County information to anyone who does not have
a legitimate need for that information.
iv. Users shall take every precaution to ensure that all confidential or restricted
information is protected from disclosure to unauthorized individuals.
v. Users shall not make or store paper or electronic copies of information unless it is a
necessary part of that User’s job.
o. Users shall respect the importance of County-owned systems and data as a valuable asset,
and should understand that any data stored or processed on any County computer, or
transmitted over any County network, is County property. In particular:
i. Users shall not change or delete data or information unless performing such
changes or deletions is a legitimate part of the User’s job function.
ii. Users shall avoid actions that might introduce malicious software, such as viruses or
worms, onto any County system or network.
iii. A User whose relationship with County terminates or expires shall not retain, give
away, or remove any County data or document from County premises, other than
information provided to the public or copies of correspondence directly related to
the terms and conditions of employment. User shall return all other County
information to County at the time of departure.
p. Users should be aware that electronic information transported across any County network,
or residing in any County information system, is potentially subject to access by County
technical support staff, other County Users, and the general public. Users should not
presume any level of privacy for data transmitted over a County network or stored on a
County information system.
q. Users shall respect all intellectual property rights, including but not limited to rights
associated with patents, copyrights, trademarks, trade secrets, proprietary information, and
confidential information belonging to the County or any other third party.

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n. Users shall respect the sensitivity, privacy and confidentiality aspects of all County‐owned
information. In particular:

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All information resources on any County information system or network are the property of
County and are therefore subject to County policies regarding acceptable use. No User may
use any County‐owned network, computer system, or any other County‐owned device or
data for the following purposes:
i. Personal profit, including commercial solicitation or conducting or pursuing their
own business interests or those of another organization that are not related to the
User conducting County business.
ii. Unlawful or illegal activities, including downloading licensed material without
authorization, or downloading copyrighted material from the Internet without the
publisher’s permission.
iii. To access, create, transmit, print, download or solicit material that is, or may be
construed to be, harassing or demeaning toward any individual or group for any
reason, including but not limited to on the basis of sex, age, race, color, national
origin, creed, disability, political beliefs, organizational affiliation, or sexual
orientation, unless doing so is legally permissible and necessary in the course of
conducting County business.
iv. To access, create, transmit, print, download or solicit sexually‐oriented messages or
images, or other potentially offensive materials such as, but not limited to, violence,
unless doing so is legally permissible and necessary in the course of conducting
County business.
v. Knowingly propagating or downloading viruses or other malicious software.
vi. Disseminating hoaxes, chain letters, or advertisements.

4. INTERNET AND EMAIL
a. The following items define the basic standards for use of County Internet and email
resources. All Users of County information systems and networks shall comply with these
minimum standards.
b. Users shall not use County systems or networks for personal activities. However,
reasonable incidental (de minimus) personal use of County resources, such as Internet
access and email, is allowed as long as such use does not violate the County’s acceptable use
policies, and does not interfere with the performance of work duties or the operation of the
County’s information systems.
c. When conducting County business, Users shall not configure, access, use, or participate in
any Internet-based communication or data exchange service unless express written

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d. User shall become familiar with County policies, procedures, and guidelines associated with
the use of Internet-based communication and data exchange services. Users who have
been granted permission to use an Internet-based communication or data exchange service
for conducting County business shall comply with all relevant County policies, procedures,
and guidelines.
e. Users shall comply with County’s Records Retention and Destruction Policy, and Social
Media Policy.
f.

Users shall not use an internal County email account assigned to another individual to either
send or receive email messages.

g. Users shall not configure their County email account so that it automatically forwards
messages to an external Internet email system unless County gives its express written
permission. When automated forwarding is used, it shall be for legitimate business
purposes only, and User is responsible for the associated risks for disclosure of sensitive
information.
5. REMOTE ACCESS
a. The following items define the basic standards for remote access to County information
systems and networks. All Users of County information systems and networks shall comply
with these minimum standards. Users granted remote access privileges shall sign
Attachment A.
b. All remote access to County resources shall be via secure, centralized, County-controlled
mechanisms and technologies approved by County, and installed by County. Users are not
permitted to implement, configure, or use any remote access mechanism other than
County-owned and managed remote access systems that have been formally approved and
implemented by County.
c. County may, on a case-by-case basis, give written approval to a User to use County remote
access mechanisms. Users shall execute the URS and Remote Access agreement
(Attachment A).
d. County may monitor and/or record remote access sessions, and complete information on
the session logged and archived. Users have no right, or expectation, of privacy when
remotely accessing County networks, systems, or data. County may use audit tools to

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permission has been given by County. Such services include, but are not limited to, Instant
Messaging (such as AOL IM), email services (such as Hotmail and Gmail), peer-to-peer
networking services (such as Kazaa), and social networking services (such as blogs,
Instagram, Snapchat, MySpace, Facebook and Twitter).

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e. User shall configure all computer devices used to access County resources from a remote
location according to County-approved security standards. These include approved,
installed, active, and current: anti-virus software, software or hardware-based firewall, full
hard drive encryption, and any other security software or security-related system
configurations that are required and approved by County.
f.

Users that have been provided with a County-owned device intended for remote access use,
such as a laptop or other Mobile Device, shall ensure that the device is protected from
damage, access by third parties, loss, or theft. Users shall immediately report loss or theft
of such devices to County.

g. Users shall protect the integrity of County networks, systems, and data while remotely
accessing County resources, and shall immediately report any suspected security incident or
concern to County.
h. Remote access sessions are subject to all other relevant County IT security policies and
standards, including Local User Authentication (passwords), Data Classification, Internet
Use, and Email.
6. PERSONALLY-OWNED DEVICES
a. The following items define the basic standards for the use of personally‐owned devices to
conduct County business. Users of County information systems and networks shall comply
with these minimum standards. Users given permission to use a personally‐owned device
shall sign Attachment B. The following provisions apply to Mobile Devices that include email
and/or data storage capability (such as BlackBerry devices and other “smart” phones), and
do not apply to devices that are used strictly for the purpose of making telephone calls.
b. Use of personally‐owned devices to conduct County business is prohibited unless County
grants User express written permission.
c. The personally‐owned device in question shall use existing, County‐approved and Countyowned access/authentication systems when accessing County resources. Users shall not
install any hardware, software, or network interface components that provide unauthorized
network connectivity, either wired or wireless.
d. Users shall allow County to configure personally‐owned devices as appropriate to meet
security requirements, including the installation of specific security software mandated by
County policy.

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create detailed records of all remote access attempts and remote access sessions, including
User identifier, date, and time of each access attempt.

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f.

Users have no expectation of privacy with respect to any County‐owned communications,
information, or files on any personally‐owned device. Users agree that, upon request, the
County may immediately access the personally-owned device to ensure compliance with
County policies.

g. Upon reasonable suspicion by County that a User has failed to comply with a County policy,
the User consents to and the County may take possession of, search and access User’s
personally-owned device and all communications, information, data, or files on the
personally‐owned device. User or its designee may be present during the County’s search.
User shall provide to County a copy of all work-related or County‐owned communications,
information, or files stored on the personally-owned device.
h. User shall adhere to all relevant County security policies and standards, just as if the
personally‐owned device were County property. This includes, but is not limited to, policies
regarding password construction and management, physical security of the device, device
configuration, and hard drive sanitization prior to disposal. This does not restrict the User’s
personal use of the device so long as that personal use does not include or result in (a) the
User’s failure to adhere to all relevant County security policies and standards, or (b) the
breach of the County’s security policies or standards.
i.

User shall not make modifications of any kind to operating system configurations
implemented by County on the device for security purposes, or to any hardware or software
installed on the device by County.

j.

User shall treat the device and the work-related or County‐owned communications,
information or files it contains as County property. User shall not allow access to or use of
any work‐related or County‐owned communications, information, or files by individuals who
have not been authorized by County to access or use that data.

k. User shall immediately report to County any incident or suspected incident of unauthorized
access and/or disclosure of County resources, data, or networks that involve the device,
including loss or theft of the device.
7. MISCELLANEOUS
a. Ambiguities: Any rule of construction to the effect that ambiguities are to be resolved
against the drafting party does not apply in interpreting this URS.

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e. Users authorized to use a personally‐owned device shall comply with County policies and
procedures for ensuring that software updates and patches are applied to the device
according to a regular, periodic schedule. County may verify software installations and
updates.

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c. Authorization: An individual signing the URS on behalf of an entity represents and warrants
that he/she is duly authorized to execute and deliver this URS on the entity’s behalf, has
authority to bind the entity, and that the URS shall bind all employees, agents and/or
representatives of that entity.
d. Compliance with all laws: User shall comply with all applicable laws, codes, and regulations.
e. County Confidential Information: Contractor shall not use or disclose County Confidential
Information other than in the performance of its obligations for County. All County
Confidential Information shall remain the property of the County. Contractor shall not
acquire any ownership interest in the County Confidential Information.
f.

Entire Agreement: This URS and its attachments constitute the final, complete and exclusive
statement of the terms of the agreement between User and County. No prior or
contemporaneous agreement or understanding, verbal or otherwise, of the parties or their
agents shall be valid or enforceable unless embodied in this URS.

g. Governing Law, Jurisdiction and Venue: This URS shall be construed and interpreted
according to the laws of the State of California, excluding its conflict of law principles.
Proper venue for legal actions shall be exclusively vested in a state court in the County of
Santa Clara. The parties agree that subject matter and personal jurisdiction are proper in
state court in the County of Santa Clara, and waive all venue objections.
h. Indemnity: User shall defend, indemnify and hold harmless County against any and all
claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor
disputes, losses, damages, expenses, charges or costs of any kind or character, including
without limitation attorneys' fees and court costs (hereinafter collectively referred to as
"Claims"), arising out of or in connection with performance of this URS and its attachments,
excepting only Claims caused by County’s sole negligence or willful misconduct.
i.

Modification: This URS may be supplemented, amended, or modified only by the mutual
agreement of the parties.

j.

Non-Waiver: No waiver of a breach, failure of any condition, or any right or remedy
contained in or granted by the provisions of this URS shall be effective unless it is in writing
and signed by County. No waiver of any breach, failure, right, or remedy shall be deemed a
waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any
waiver constitute a continuing waiver unless the writing signed by County so specifies.

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b. Assignment: User shall not assign this URS or its attachments. Any attempted assignment is
void.

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k. Severability: Should any part of this URS be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect the validity of the
remainder of the URS which shall continue in full force and effect, provided that such
remainder can, absent the excised portion, be reasonably interpreted to give the effect to
the intentions of the parties.
l.

Survival: All representations, warranties, and covenants contained in this URS and its
attachments shall survive the termination of this URS.

8. ACKNOWLEDGEMENT AND RECEIPT
a. This Acknowledgement hereby incorporates the URS. Attachments A and B are additional
signature pages that apply only to those individuals that have been granted either remote
access privileges (Attachment A) or permission to use a personally-owned device
(Attachment B).
b. By signing below, I acknowledge that I have read and understand all sections of this URS. I
also acknowledge that violation of any of its provisions may result in disciplinary action, up
to and including termination of my relationship with County and/or criminal prosecution.
User Signature:

Date:

____________________________________________

_____________________________

Print User Name:
____________________________________________

County Signature:

Date:

____________________________________________

_____________________________

Print Name:
____________________________________________

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Attachment A – Remote Access Signature Page

User Signature:

Date:

____________________________________________

_____________________________

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

I have read and understand the contents of the URS regarding Remote Access. I understand that
violation of these provisions may result in disciplinary action, up to and including termination of my
relationship with the County and/or criminal prosecution. I received approval from County for remote
access for legitimate County business, as evidenced by the signatures below.

Print User Name:
____________________________________________

County Signature:

Date:

____________________________________________

_____________________________

Print Name:
____________________________________________

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Attachment B – Personally‐Owned Device Signature Page

Manufacturer

Model Number

Serial Number

Attachment: 5500002840 TASER Agreement (83832 : Body Worn Cameras and Evidence Management System)

I have read and understand the contents of the URS regarding the use of Personally‐Owned Devices. I
understand that violation of these provisions may result in disciplinary action, up to and including
termination of my relationship with the County and/or criminal prosecution. I own the following
device(s), which I shall use for legitimate business reasons in compliance with County policies:
Operating System

I received approval from County to use the device(s) listed above for legitimate County business, as
evidenced by the signatures below.

User Signature:

Date:

____________________________________________

_____________________________

Print User Name:
____________________________________________

County Signature:

Date:

____________________________________________

_____________________________

Print Name:
____________________________________________

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