DIR-TSO-3561 Amendment 4
Amendment 4
Contract DIR-TSO-3561
rev. 10/2017 Page 1
Amendment Number 4
to
Contract Number DIR-TSO-3561
between
State of Texas, acting by and through the Department of Information Resources
and
Axon Enterprise, Inc.
This Amendment Number 4 to Contract Number DIR-TSO-3561 (“Contract”) is between the
Department of Information Resources (“DIR”) and Axon Enterprise, Inc. (“Vendor”). DIR and Vendor
agree to modify the terms and conditions of the Contract as follows:
1. Contract, Section 1, Introduction, C. Order of Precedence, is hereby restated in its entirety
as follows:
For purchase transactions under this Contract, the order of precedence shall be as follows:
this Contract; Appendix A, Standard Terms and Conditions For Products and Related
Services Contracts; Appendix B, Vendor’s Historically Underutilized Businesses
Subcontracting Plan; Appendix C, Pricing Index; Appendix D, Master Services and
Purchasing Agreement; Appendix E, Axon Signal Sidearm; Appendix F, Axon API; Appendix
G, Axon Fleet Agreement; Appendix H, Axon Interview Room Appendix; Appendix I, Term
of Use (For Multiple Products); Exhibit 1, Vendor’s Response to RFO DIR-TSOTMP-226,
including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-226, including all addenda; are
incorporated by reference and constitute the entire agreement between DIR and Vendor
governing purchase transactions. In the event of a conflict between the documents listed
in this paragraph related to purchases, the controlling document shall be this Contract, then
Appendix A, then Appendix B, then Appendix C, then Appendix D, then Appendix E, then
Appendix F, then Appendix G, then Appendix H, then Appendix I, then Exhibit 1, and finally
Exhibit 2. In the event and to the extent any provisions contained in multiple documents
address the same or substantially the same subject matter but do not actually conflict, the
more recent provisions shall be deemed to have superseded earlier provisions
2. Contract, Section 2. Term of Contract is hereby amended as follows:
DIR and Vendor hereby agree to extend the term of the Contract for one (1) year through
November 18, 2020, or until terminated pursuant to the termination clauses contained in
the Contract. No renewal option remains. The parties by mutual agreement may extend
the term for up to ninety (90) additional calendar days.
3. Appendix A, Standard Terms and Conditions For Products and Related Services Contracts,
version 09/29/2017, is hereby replaced in its entirety with Appendix A, Standard Terms
and Conditions For Products and Services Contracts, version 11/06/2019, where
previous authorized exceptions to Appendix A were allowed and documented as part
of the Contract. In such cases, the previously authorized exceptions shall be applied to the
portions of the new Appendix A which are comparable to those in the earlier Appendix A
for which they were written, and this without regard for the numbering or lettering
Amendment 4
Contract DIR-TSO-3561
rev. 10/2017 Page 2
associated with any of the documents. Applied in such manner, the exceptions shall remain
in full force and effect until such time the contract expires or is terminated.
4. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and
Related Services Contracts version 11/06/2019.
A. Section 4 General Provisions, B. Modification of Contract Terms and/or
Amendments, is hereby replaced in its entirety as follows:
2) DIR may amend the contract upon thirty (30) calendar days written notice to Vendor
without the need for a formal contract amendment: i) as necessary to satisfy a
regulatory requirement imposed upon DIR by a governing body with the appropriate
authority, or ii) as necessary to satisfy a procedural change due to DIR system upgrades
or additions. If Vendor does not accept an amendment issued under 2) ii), Vendor may
cancel its Contract with DIR.
B. Section 4 General Provisions, I. Data Location, is hereby replaced in its entirety as
follows:
For Texas agencies, Axon will ensure all Agency Content stored in Axon Cloud Services
remains always and exclusively within the contiguous United States and that if for any
reason Axon accesses Agency Content, it will do so only from within the contiguous
United State. Ownership of Agency Content remains with Agency.
Regardless of any other provision of this Contract or its incorporated or referenced
documents, all of the data for State of Texas Customers identified by the State as
requiring their data to remain in the continental United States shall remain, and be
stored, processed, accessed, viewed, transmitted, and received, always and exclusively
within the contiguous United States. A State of Texas Customer can specifically request
otherwise. For all local governments and education customers within the State of
Texas, as well as Customers outside the State of Texas’ jurisdiction, the question of data
location shall be at the discretion of such Customers. NOTE: CLIENTS SHOULD
CONSIDER WHETHER THEY REQUIRE CONTINENTAL US-ONLY DATA LOCATION AND
HANDLING
5. Appendix C, Pricing Index (per Amendment 3), is hereby replaced in its entirety with
Appendix C, Pricing Index (per Amendment 4), as attached.
6. Appendix I, Term of Use (For Multiple Products), is hereby added to the Contract.
All other terms and conditions of the Contract not specifically modified herein shall remain in full
force and effect. In the event of a conflict among provisions, the order of precedence shall be this
Amendment 4, then Amendment Number 3, then Amendment 2, then Amendment Number 1 and
then the Contract.
Amendment 4
Contract DIR-TSO-3561
rev. 10/2017 Page 3
IN WITNESS WHEREOF, the parties hereby execute this amendment to be effective as of the date
of the last signature, but in all events, no later than 11/18/2019.
Axon Enterprise, Inc.
Authorized By: Signature on File
Name: Robert Driscoll
Title: VP, Associate General
Date: 11/14/2019
The State of Texas, acting by and through the Department of Information Resources
Authorized By: Signature on File
Name: Hershel Becker
Title: Chief Procurement Officer
Date: 11/14/2019
Office of General Counsel: DB 11/14/2019