Axon++PA.pdf

Sourcewell

PARTICIPATING ADDENDUM

For Conducted Energy Weapons

Between Entity STATE and Axon

Enterprise, Inc.

Sourcewell Contract #092722 ( North Dakota State Contract No: 397

1. Scope: This addendum (Addendum) covers the Conducted Energy Weapons per Sourcewell contract #092722 for use by state agencies and other entities located in the Participating State state contracts procurement official.

2. Participation: Use of specific Sourcewell cooperative contracts by agencies, political to use state contracts are subject to the prior approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official.

3. Coterminous: The term of this Participating Addendum shall be coterminous with Sourcewell contract #092722.

4. Confidentiality: Contractor shall not use or disclose any information it receives from Participating Entity under this Participating Addendum that Participating Entity has previously identified as confidential or exempt from mandatory public disclosure except from mandatory public disclosure except as necessary to carry out the purposes of this Participating Addendum or as authorized in advance by Participating Entity. Participating Entity shall not disclose any information it receives from Contractor that Contractor has previously identified as confidential and that Participating Entity determines in its sole discretion is protected from mandatory public disclosure under a specific exception to the North Dakota open records law, North Dakota Century Code (N.D.C.C) ch.

44-04. The duty of Participating Entity and Contractor to maintain confidentiality of information under this section continues beyond the term of this Participating Addendum.

5. Compliance with public records laws: Under the North Dakota public records law and subject to the Confidentiality clause of this Participating Addendum, certain records may be open to the public upon request.

Public records may include: (a) records Participating Entity receives from Contractor under this Participating Addendum, (b) records obtained by either Party under this Participating Addendum, and (c) records generated by either Party under this Participating Addendum.

Contractor agrees to contact Participating Entity immediately upon receiving a request for how to respond to such request.

Between

6. Spoliation: Intentionally Omitted

7. Cooperative Purchasing Contract: This Participating Addendum is a cooperative purchasing contract established pursuant to N.D.C.C. § 54-44.4-13. This Participating Addendum is made available to state entities, institutions under the jurisdiction of the State Board of Higher Education, other government entities (including counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers under N.D.C.C chapter 39-04.2, and the International Peace Garden. Participation in this open-ended Participating Addendum is not mandated; therefore, the estimated volume of this Participating Addendum is not known.

8. Governing Law and Venue: This Participating Addendum is governed by and construed in accordance with the laws of the State of North Dakota. Any action to enforce this Participating Addendum must be adjudicated exclusively in the state District Court of Burleigh County, North Dakota. Each party consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens. The Parties expressly agree that either party may appear for and attend all matters, including hearings, conferences, meetings, and arbitrations, remotely via court

9. Indemnification: In addition to any indemnity obligations found within the Master Agreement, Contractor agrees that any attorney appointed to represent the Participating Entity must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C. § 54-12-08.

10. Alternative dispute resolution jury trial: Participating Entity does not agree to any form of binding arbitration, mediation, or other forms of mandatory alternative dispute resolution. The parties have the right to enforce their rights and remedies in judicial proceedings. Participating Entity does not waive any right to a jury trial.

11. Attorney fees: In the event a lawsuit is instituted by Participating Entity to obtain performance due under this Participating Addendum, and Participating Entity is the prevailing party, Contractor shall, except when prohibited by N.D.C.C. § 28-26-attorney fees and costs in connection with the lawsuit.

12. Nondiscrimination and Compliance with Laws: Contractor agrees to comply with all applicable federal and state laws, rules, and policies, including those relating to nondiscrimination, Between accessibility and civil rights. (See N.D.C.C. Title 34 Labor and Employment, specifically N.D.C.C.

ch. 34-06.1 Equal Pay for Men and Women.)

Contractor agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes, unemployment compensation and workers' compensation premiums.

Contractor shall have and keep current all licenses and permits required by law during the Term of this Contract.

Contractor is prohibited from boycotting Israel for the duration of this Contract. (See N.D.C.C § 54- 44.4-15.) Contractor represents that it does not and will not engage in a boycotting Israel during the term of this Participating Addendum. If STATE receives evidence that Contractor boycotts Israel, STATE shall determine whether the company boycotts Israel. The foregoing does not apply to contracts with a total value of less than $100,000 or if Contractor has fewer than ten (10) full-time employees.

Contractor lure to comply with this section may be deemed a material breach by Contractor entitling STATE to terminate in accordance with the Termination for Cause section of Master Agreement.

13. State Audit: Pursuant to N.D.C.C. § 54-10-19, all records, regardless of physical form, and the accounting practices and procedures of Contractor relevant to this Contract are subject to required. Contractor shall maintain these records for at least three (3) years following completion of this Contract and be able to provide them upon reasonable notice. STATE, State Auditor, or thirty notice to Contractor prior to conducting examination, conducted for one (1) time per calendar year, at such time and place as may be agreed between the parties.

14. Primary Contacts: The primary contact individuals for this Participating Addendum are as follows (or their named successors):

Contractor Name Axon Enterprise, Inc.

Address Sean Lake Telephone 480-515-6365

Between

E-mail slake@axon.com

Participating Entity

Name Jessica Aga Address 600 E Boulevard Ave, Dept 012, Bismarck, ND 58505-0310

Telephone (701) 328-1728 Fax (701) 328-1615

E-mail jaga@nd.gov

15. Orders: Any Order placed by a Participating Entity or Purchasing Entity for a Product and/or Service available from this Master Agreement shall reference the Master Agreement (and governed by the prices and other terms and conditions), unless the parties to the Order agree in writing that another contract or agreement applies to such Order.

IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below.

Participating State: Contractor:

By: By:

Name: Name:

Title: Title:

Date: Date:

State of North Dakota

Jessica Aga

State Procurement Officer

10/23/2024