DOAs_Response_Letter_to_Axon.docx_Redacted.pdf

This document is a NASPO Participating Addendum exception response letter dated February 19, 2021, from the Wisconsin State Department of Administration to Axon Enterprise, Inc. The correspondence addresses Axon's exceptions to Wisconsin State's contract modifications for the Public Safety Video System Master Agreement #OK-MA-145-015, specifically concerning the Wisconsin State Department of Administration's Exhibit A (Participating Entity Modifications to Master Agreement) and the Wisconsin State Department of Corrections' Exhibits E and F (Business Associate Agreement and Software As A Service Agreement).

The contract involves public safety video systems and related services, with the Department of Administration accepting Axon's proposed revisions to multiple contract sections including refund policies, replacement parts provisions, delay and remedy clauses, payment terms, shipping requirements, warranty terms, transition services, ownership rights, and prompt payment procedures. Key modifications include revised refund language for defective products, updated replacement parts requirements specifying "new or like new" parts, modified contractor personnel removal timelines from 10 to 30 business days, revised shipping and delivery terms, updated transition service provisions for 90-day data access post-termination, and modified payment terms requiring payment within 30 days of proper invoice submission. The agreement also addresses HIPAA compliance requirements for the Department of Corrections' use, data security provisions, breach notification procedures, and records retention policies, with Wisconsin DOA formally accepting all of Axon's proposed exception language across the various contract exhibits.