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HomeMy WebLinkAboutSpecial Purchase - Axon Enterprise Inc - X2 Tasers for SBPD1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOI JTH BEND. INDIANA 46601-1930 CITY OF 11 BEND PETE BUTTIGIEG, MAYrn' BOARD OF PUBLICWORKS November 27, 2018 Ron Bellendier Axon Enterprise, Inc. 17800 N 85th Street Scottsdale, AZ 85255 RE: Special Purchase Dear Mr. Bellendier: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on November 27, 2018, approved the above referenced sole source purchase for two -hundred forty (240) X2 Tasers for the South Bend Police Department in the amount of $525,788, total for sixty (60) months. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU DEPARTMENT OF LAW 1200 COUNTY -CITY BUILDING 227 W. JEFFERsoN BLVD. SOUTH BEND, INDIANA 46601-1830 MEMORANDUM TO: Linda Martin, Clerk of the Board of Public W( rks FROM: AshleyMills Colbom, Assistant City , ttomey�, ,, DATE: November 26, 2018 SUBJECT: TASER— Sole Source Special Purchase On November 16, 2018, the South Bend Police Department submitted a request for the purchasing of Axon TASER's to the Board of Public Works. Indiana Code § 5-22-10-13 states, "... a purchasing agent may award a contract for a supply when there is only one (1) source for the supply and the purchasing agent determines in writing that there is only one (1) source for the supply." Axon is the sole provider of TASER brand products. See attadvd Exhibit A. Further, AXON is the only manufacturer and supplier of these necessary products. Id There are no other products on the market that are manufactured to meet the needs of police departments. The South Bend Police Department has been utilizing Axon TASER products since 2003, at which time it was declared the sole supplier of police grade TASERs. Axon Enterprise, Inc. 17800 N 85th St. AWL Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 SHIP TO Timothy Lancaster South Bend Police Dept - IN 701 W. SAMPLE ST. South Bend, IN 46601 US Year 1 BILL TO South Bend Police Dept - IN 701 W. SAMPLE ST.. South Bend, IN 46601 US Q-189863-43420.688RB Quote Expiration: 12/17/2018 Account Il lmber: 1 825 Star) Date: 12/01/2018 Payment Terms: Net 30 Delivery Method: Fedex - Ground SALES REPRESENTATIVE Ron Bellendier Phone:6023266249 Email: ron@taser.com Fax: PRIMARY CONTACT Timothy Lancaster Phone: (574) 235-9201 Email: tlancast@southbendin.gov Item Descri tion List Unit p Quantity Net Unit Price Price "Axon=Plans.&Packages 85700 TASER 60 YEAR 1 PAYMENT: X2 UNLIMITED 240 458.00 Hari ware; 44550 SUIT, ENHANCED SIM, MODEL II 1 644.00 22155 INERT SIMULATION CARTRIDGE, X2 20 49.00 22003 YELLOW X2 CEW, HANDLE 240 0.00 80137 TASER 60 X2 UNLIMITED 240 0.00 22012 TPPM, TACTICAL BATTERY PACK, PINKY EXTENDER, X2/X26P 240 0.00 22157 25 FT NON-CONDUCTIVE TRAINING SMART CARTRIDGE, X2 720 0.00 22151 25 FT SMART CARTRIDGE, X2 720 0.00 22013 KIT, DATAPORT DOWNLOAD, USB, X2/X26P 1 188.00 Other 22507 HOLSTER, SAFARILAND, STX HI GLOSS, RIGHT, X2 25 0.00 22508 HOLSTER, SAFARILAND, STX HI GLOSS, LEFT, X2 215 0.00 Total (USD) 358.001 85,920.00 0.00 0.00 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 188.00 188.00 0.00 0,00 0.00 0,00 Subtotal 86,108.00 Estimated Shipping Estimated Tax Total 0.00 0.00 86,108.00 ,Protect Life. Spares Item Description Quantity List Unit Net Unit Price Total (USD) Price Har6var® 22003 YELLOW X2 CEW, HANDLE 2 1,170.00 0,00 0.00 80137 TASER 60 X2 UNLIMITED 2 0.00 0.00 0.00 TPPM, TACTICAL BATTERY PACK, PINKY 22012 EXTENDER, X2/X26P 2 62.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 2 Item Description Axon Plans & Packages 85701 TASER 60 YEAR 2 PAYMENT: X2 UNLIMITED Year 3 Quantity List Unit Price Net Unit Price Total (USD) 240 458.00 458.00 109,920.00 Subtotal 109, 920.00 Estimated Tax 0.00 Total 109,920.00 Item Description Quantity Axon Plans &Packages 85702 TASER 60 YEAR 3 PAYMENT: X2 UNLIMITED 240 Year 4 List Unit Price Net Unit Price Total (USD) 45&00 458.00 109,920.00 Subtotal 109,920.00 Estimated Tax 0.00 Total 109, 920.00 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans& Packages 85703 TASER 60 YEAR 4 PAYMENT: X2 UNLIMITED 240 458.00 458,00 109,920.00 Subtotal 109, 920.00 Estimated Tax 0.00 Total 109,920.00 Protect Life. Year 5 Item Description 85704 TASER 60 YEAR 5 PAYMENT: X2 UNLIMITED Quantity List Unit Net Unit Price Total (I SD) Price 240 458.00 458.00 109,920.00 Subtotal 109,920.00 Estimated Tax 0.00 Total 109,920.00 �� AXON D,iscou'nts (USD) Quote Expiration: 12/17/2018 "' 7 otal exchides ?pplicabie glaxes and shipping Summairly, of Payments Payment Amount (USD) Year 1 86,108.00 Spares 0.00 Year 2 109,920.00 Year 3 109,920.00 Year 4 109,920.00 Year 5 109,920.00 525,788.00 Protect Life. TASER60 Terms and Conditions: This quote contains a purchase under the TASER 60 Plan. If your purchase only includes the TASER 60 Plan, CEWs, and CEW accessories, then this purchase is solely governed by the TASER 60 Terms and Conditions posted at: https://wvrw.axon.com/legaI/sales-terms-and-conditions, and the terms and conditions of Axon's Master Services and Purchasing Agreement do not apply to this order.. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Axon's Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at �sw_. xan aqr t g mtl t s, ,1ms-and ,qt itlon ), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company„ municipatit�, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this autho t Sign this Quote. fl .rf'l of PuhhC Work4 Signature: Date: Name (Print). U,Title: PO# (Or write N/A): . Please sign and email to Ron Bellendier at ron@taser.com or fax to Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com Quote: Q-189863-43420.688RB 'Protect Life'© and TASERO are registered trademarks of Axon Enterprise, Inc, registered in the U.S. © 2013 Axon Enterprise, Inc. All rights reserved. ,Protect Life. Title: {Title} Department: {Department} Version: {Version) Release Date: (Release Date) 1k A 'oe 17800 N. 85th St., Scottsdale, Arizona 85255 * 480-991-0797 * Fax 480-991-0791 " www.axon.com October 2, 2018 To: United States state, local and municipal law enforcement agencies Re: Sole Source Letter for Axon Enterprise, Inc.'s TASER Conducted Electrical Weapons A sole source justification exists because the following goods and services required to satisfy the agency's needs are only manufactured and available for purchase from Axon Enterprise. Axon is also the sole distributor of all TASER brand products in the States of AR, CT, DE, FL, GA, HI, IA IL, IN, KS, LA, MA, MD, ME, MI, MN, MO, MS, NC, ND, NE, NH, NJ, NY, OK, OR, PA, RI, SC, SD, TX, VA, VI, VT, WI, WV, and the District of Columbia and Guam. TASER CEW Descriptions X2 CEW • Multiple -shot CEW • High efficiency flashlight • Static dual LASERs (used for target acquisition) « ARC switch enables drive -stun with or without a Smart Cartridge installed • Central Information Display (CID): Displays mission -critical data such as remaining battery energy, burst time, operating mode, and user menu to change settings and view data on a yellow -on -black display The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services. • Real-time clock with back-up battery + Onboard self -diagnostic and system status monitoring and reporting • Ambidextrous safety switch • Capable of audiolvideo recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately 5 seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM HD AS). The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position_ • Compatible with TASER Smart Cartridges only X26P CEW • High efficiency flashlight • Red LASER (used for target acquisition) • Central Information Display (CID): Displays data such as calculated remaining energy, burst time, and notifications • The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services. • Real-time clock with back-up battery EEXHIBIT • Onboard self -diagnostic and system status monitoring and reporting • Ambidextrous safety switch • Capable of audiolvideo recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM HD AS). The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with TASER standard series cartridges Axon Signal Performance Power Magazine (SPPM) • Battery pack for the X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. TASER Brand CEW Model Numbers 1, Conducted Electrical Weapons (CEWs): • TASER X2 Models: 22002 and 22003 • TASER X26P Models: 11002 and 11003 2 Optional Extended Warranties for CEWs: • X2 - 4-year extended warranty, item number 22014 • X26P - 2-year extended warranty, item number 11008 • X26P - 4-year extended warranty, item number 11004 3. TASER standard cartridges (compatible with the X26P; required for this CEW to function in the probe deployment mode): • 15-foot Model: 34200 • 21-foot Model: 44200 • 21-foot non-conductive Model: 44205 25-foot Model: 44203 • 35-foot Model: 44206 4. TASER Smart cartridges (compatible with the X2; required for this CEW to function in the probe deployment mode): • 15-foot Model: 22150 • 25-foot Model: 22151 • 25-foot inert simulation Model: 22155 • 25-foot non-conductive Model: 22157 • 35-foot Model: 22152 5. TASER CAM HD recorder Model: 26810 (full HD video and audio) and TASER CAM HD with AS (automatic shut -down feature) Model: 26820. The TASER CAM HD is compatible with both the X26P and X2 CEWs. • TASER CAM HD replacement battery Model, 26764 • TASER CAM HD Download Kit Model: 26762 • TASER CAM HD optional 4-year extended warranty, item number 26763 6. Power Modules (Battery Packs) for X26P and X2 CEWs: • Performance Power Magazine (PPM) Model: 22010 • Tactical Performance Power Magazine (fPPM) Model: 22012 • Automatic Shut -Down Performance Power Magazine (APPM) Model: 22011 • eXtended Performance Power Magazine (XPPM) Model: 11010 • eXtended Automatic Shut -Down Performance Power Magazine (XAPPM) Model: 11015 • Axon Signal Performance Power Magazine (SPPM) Model: 70116 7. TASER Dataport Download Kits: • Dataport Download Kit for the X2 and X26P Model: 22013 8. TASER Blast Door Repair Kit Model 44019 and TASER Blast Door Replenishment Kit Model 44023 9. CEW Holsters: • Right-hand X2 holster by BLACKHAWK Model: 22501 • Left-hand X2 holster by BLACKHAWK Model: 22504 • Right-hand X26P holster by BLACKHAWK Model: 11501 Left-hand X26P holster by 8LAC KHAWK Model: 11504 10. TASER Simulation Suit II Model 44550 TASER Product Packages 1, Officer Safety Plan: Includes a CEW, Axon camera and Dock upgrade, and Evidence.com license and storage. See your Sales Representative for further details and Model numbers. 2. TASER Assurance Plan (TAP): Hardware extended warranty coverage, 'Spare Products, and Upgrade Models available for the X2 and X26P CEWs,, and; the 'TASER CAM HD recorder. (The TAP is available only through Axon Enterprise, Inc.) 3. TASER 60: Pay for X2 and X26P CEWs and Spare Products in installments over 5 years. 4. Unlimited Cartridge Plan: Allows agency pay an annual fee to received unlimited cartridges and batteries. 5_ TASER 60 Unlimited: Pay for X2 and X26P CEWs and Spare Products in installments over 5 years and receive unlimited cartridges and batteries PRODUCTSTASER BRAND CEW Axon Enterprise, Inc. 17800 N. 85n' Street, Scottsdale, AZ 85255 Phone: 800-978-2737 Fax. 480-991-0791 AUTHORIZED REPAIR FACILITY FOR TASER BRAND CEW PRODUCTS Axon Enterprise, Inc. 17800 N. Be Street, Scottsdale, AZ 85255 Phone: 800-978-2737 Fax: 480-991-0791 Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Z 14, jd-""4- Josh isner Executive Vice President, North American Sales Axon Enterprise, Inc. BLACKHAWK! is a trademark of the Blackhawk Products Group. The'Delta Axon' logo, Axon, Axon Signal, Evidence.com, Smart Cartridge, TASER CAM. Trilogy, X2, X26P, TASER, and the'Bolt within Circle' logo are trademarks of Axon Enterprise, Inc., some of which are trademarks in the US and other countries. For more information visit www.axon.com/legal. All rights reserved. 0 2018 Axon Enterprise, Inc. 701 W. SAMPLE STREET SOUTH BEND, INDIANA 46601-2890 PHONE 574/ 235-9311 FAx 574/ 288-0268 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR SOUTH END POLICEDEPARTMENT SCOTT A. RUSZKOWSKI, CHIEF OF POLICE Board of Public Works City of South Bend, Indiana Honorable Board Members, Date: Nov. 16", 2018 The South Bend Police Department is requesting Board approval for the purchase of 240 Axon Enterprise, Inc. model X2 Tasers. The Taser model currently used by the South Bend Police Department, the X26, is at its end of life. Axon has stopped marketing, selling, and maintaining the X26 Taser. A Taser is a hand held, electro-muscular disruption device that can incapacitate a person through the application of electrical current. The Axon Taser is an essential device carried by all. officers of the South Bend Police Department. Tasers are used by officers to temporarily incapacitate violent or combative persons during arrest. The Taser is the primary intermediate use of force device for the South Bend Police Department. If approved, the new X2 Tasers would be purchased under Axon's TASER 60 five-year contract plan. The Tasers would be delivered at the start of the contract plan. The plan also includes warranty, replacement duty & training cartridges, and batteries for the 5-year term. The initial payment in 2019 would be $86,108.00. The total amount of the purchase over the 5-year period would be $525,788.00. The funding source for the new Tasers would be the Continuing Education Fund, account #220-8126-421.22-24. Axon's Taser is a sole source product. Thank You, 10/c /00�� — Div. Chief Tim Lancaster ervice Bravery ride Dedication AEON Axon Enterprise, Inc.'s TASER 60 � Unlimited Terms and Conditions These TASER 60 Unlimited Terms and Conditions (Agreement) apply to your purchase from Axon Enterprise, Inc. (Axon) under TASER 60 Unlimited. TASER 60 Unlimited provides CEW hardware extended warranty coverage, CEW Products, and CEW accessories. The initial delivery, and each year thereafter, will also include 3 training cartridges. For the initial delivery of duty cartridges, X26 users will receive 2 duty cartridges, while X2 users will receive 3 duty cartridges. One PPM battery per user will be delivered to the Agency in Year 3 of this Agreement, unless otherwise requested. In the event the Agency is purchasing TASER 60 Unlimited for use with TASER CAM, the Agency will not receive the PPM or a substitute. 1. Term. The term start date is based upon the initial shipment date of the hardware covered under TASER 60 Unlimited (Start Date). The TASER 60 Unlimited term will end 5 years after the Start Date (Term). 2. TASER 6,0 VnL1M_1t99L&"1IjJrement5. In order to make a purchase under TASER 60 Unlimited, the Agency must purchase the TASER 60 Unlimited plan for each TASER Conducted Electrical Weapon (CEW) user. A CEW user includes an officer that uses a Conducted Electrical Weapon (CEW) in the line of duty, as well as officers that only use a CEW for training purposes. The Agency may not resell cartridges or batteries received under the TASER 60 Unlimited Program. The Agency may only request additional PPMs and duty cartridges as PPMs and duty cartridges are consumed in the line of duty, which will be provided by Axon at no charge. Upon reasonable notice, Axon reserves the right to audit the Agency's use of force records if the Agency is ordering more cartridges or batteries than is customary compared to an Agency of similar size. In the event the audit determines the Agency's use of force records do not support the Agency's reported cartridge and battery use, the Agency will pay the MSRP of each cartridge and battery delivered to the Agency beyond what was supported by the Agency s use of force records. 3. Payment T .rrn . Axon invoices for the TASER 60 Unlimited plan on an annual basis. Agency will be invoiced upon the Start Date and then upon the anniversary of the Start Date for the remainder of the Term. Invoices are due to be paid within 30 days of the date of invoice. Payment obligations are non -cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. For users added in the middle of any annual cycle, the Agency will pay a true -up fee for those additional users. These additional licenses will be co -termed with the Agency's existing licenses. Additional users that are added before the third year payment will receive a PPM, while additional users that are added after the third year payment will not receive a PPM. 4. Taxes. Unless the Agency provides a valid and correct tax exemption certificate applicable to the purchase and ship - to location, the Agency is responsible for sales and other taxes associated with the order. 5. Sbja�g- ie; R!5kQf Loss: RD. Axon reserves the right to make partial shipments and products may ship from multiple locations. All shipments are C.X F. l ,5,tj a.t,[ n via common carrier and title and risk of loss pass to the Agency upon delivery to the em�rr' + ra ca a)e�-k y Axa g ,y. The Agency is responsible for all freight charges. A4;� loss,o('""darrla' e tlraf•occ r"rs•r uric g sl f r e'At is'CI=.ie,�-Agee 'c-y"s.respo i)-4iA'ty..Shipping dates are estimates only. 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. HardwareLimited WorraAy. Axon warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1-year limited warranty term plus the term of the extended warranty measured after the expiration of the 1-year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. Axon -Manufactured Accessories are covered under a limited 90-DAY warranty from the date of receipt. Non- Axon manufactured accessories are covered under the manufacturer's warranty. If Axon determines that a valid warranty claim is received within the warranty period, Axon 111W Awes EntoitiNka, 0m^e EA:ti'ER 60 Ynllmltod Te and Condltlone (Online) p'lgpo�rAyasarM. ',S'elee!l:wadmntoa' 5emko Ve�on: 3.0 Etntntnn net.: vEnwe Page 1 of 5 AEON Axon Enterprise, Inc.'s TASER 60 � Unlimited Terms and Conditions agrees to repair or replace the Product. Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon's option. 8. anty Llmitations, The warranties do not apply and Axon will not be responsible for any loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non -Axon products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by Axon; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than Axon authorized personnel or without the written permission of Axon; or (e) if any Axon serial number has been removed or defaced. To the extent permitted by law, the warranties and remedies set forth above are exclusive and Axon disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. Axon's cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either Party be liable 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. 9. 1Jtii�.rReturrrs. If a valid warranty claim is received by Axon within the warranty period, Axon agrees to repair or replace the Product which Axon determines in its sole discretion to be defective under normal use, as defined in the Product instructions. Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon's option. For warranty return and repair procedures, including troubleshooting guides, please go to Axon's website wwAsix,( _/,5 Lj.� pr_0r ,,. 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. Any replacement item becomes Purchaser's property and the replaced item becomes Axon's property. 10. limitgd 'W rr n Cpvi f g ,. TASER 60 Unlimited includes extended warranty coverage for the TASER CEW handle and as described in the Hardware Limited Warranty. TASER 60 Unlimited warranty coverage starts at the beginning of the Term and continues as long as the Agency continues to pay the required annual fees for TASER 60 Unlimited during the Term. The Agency may not have both an optional extended warranty and TASER 60 Unlimited on the TASER CEW product. 11. ;pare Product. For orders of more than 30 units, Axon will provide a predetermined number of Spare Product for the TASER CEW hardware listed in the Quote ("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. The Agency must return to Axon, through Axon's RMA process, any broken or non-functioning units for which a Spare Product is utilized, and Axon will repair or replace the non-functioning unit with a replacement product. Axon warrants it will repair or replace the unit which fails to function for any reason not excluded by the warranty coverage, during the Term with the same product or a like product, at Axon's sole option. Within 30 days of the termination of this Agreement for any reason the Agency must return to Axon all Spare Products. The Agency will be invoiced for and are obligated to pay to Axon the MSRP then in effect for all Spare Products not returned to Axon. 12. r iM,. See our website at mm�y.axt2p m for the most current product warnings, TRW: Axon E wprke, I—%TASER 00 UnIlmMad rum. end C-did— (Dnllna) Dapama nunt SskWCua�Survku Vanden: J.0 Rine... Dare: 2H9201e Page 2 of 5 AEON Axon Enterprise, lnc.'s TASER 60 � Unlimited Terms and Conditions 13. De ign Chanee . Axon reserves the right to make changes in the design of any of Axon's products and services without incurring any obligation to notify the Agency or to make the same change to products and services previously purchased. Axon may replace end of life products with the next generation of that product without notifying the Agency. 14. LYALM. ed Termination. If an invoice for TASER 60 Unlimited is more than 30 days past due, then Axon may terminate TASER 60 Unlimited. Axon will provide notification that TASER 60 Unlimited coverage is terminated. Once TASER 60 Unlimited coverage is terminated for any reason, then: 14.1. TASER 60 Unlimited coverage will terminate as of the date of termination and no refunds will be given. 14.2. The Agency will be invoiced and obligated to pay for the remainder of the MSRP for TASER 60 Unlimited Products received before the termination date. In the case of termination for non -appropriations, Axon will not invoice the Agency if the Agency returns the CEW, battery, holster, and unused cartridges to Axon within 30 days of the date of termination. 14.3. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 60 Unlimited plan. 15. &caab r ys. Axon 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 Axon's reasonable control Axon has the right to delay or terminate the delivery with reasonable notice. 16. ProprlelarVfQrw4.f._. The Agency agrees that Axon has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute Axon products and services, and that the Agency will not directly or indirectly cause any proprietary rights to be violated. 17. ImportiIndEYfislar& In connection with this Agreement, each Party will comply withal I applicable import, re- import, export, and re-export control laws and regulations. 18. A.nm:tt,. The Agency may not may assign or otherwise transfer this Agreement without the prior written approval of Axon. 19. evera-b f y. This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. 20. fi_Qn!i4 w6 :_VgnMe. The laws of the state where the Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to thisAgreement. 21. Entire Agreement. This Agreement, the TASER Assurance Plan Appendix (if applicable), and the quote provided by Axon, represents the entire agreement between the Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties, whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the Parties to this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of TRW Anon Emorydoe, Inc.'. TASER 60 Unllmkod Twms and Condblono (Onllna( DoWwenC SdwXua-59,Am v Man: J.0 Rnlurnn 0*4dk VIPJtl7070 Page 3 of 5 {� AXON signature, duly authorized to execute this Agreement. Axon Enterprise, Inc. Signature: �.... Name: Title: �. _�__.............. Date: TWO: Awn EnWFpdm, Inc.'. TASER 60 Unlimited Te and Condkkm (Onlin0) DepevtemnC SekwCe wnw semko Y JA Rel"mA wwe 7A1"VM40 Axon Enterprise, Inc.'s 'iASER 60 Unlimited Terms and Conditions Agency Signature:�_M„_,,,� Name: Title: Date: _uu Kin I Page 4 of 5 4',h& A X ON Axon Enterprise, Ins.'s TASER 60 Unlimited Terms and Conditions TASER Assurance Plan (Purchased with TASER 60 Only) Appendix If The TASER Assurance Plan or "TAP" has been purchased in addition to the TASER 60 Unlimited plan, this Appendix will apply to the Agency's purchase. TAP provides Upgrade Models at the end of the TAP Term. TAP only applies to the Axon Product listed in the Quote 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. TAP Term. The TAP Term start date is based upon the shipment date of the hardware covered under TAP. 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. TAP for CEWs is a 5 year term. 2 TALMpgrade Models. Any Products replaced within 6 months prior to the scheduled upgrade will be deemed the upgrade. Within 30 days of receiving an upgrade, the Agency must return the original Products to Axon or destroy the Products locally and provide a certificate of destruction to Axon that includes the serial numbers for the destroyed Products. If the Agency does not return the Products to Axon or destroy the Products, Axon will deactivate the serial numbers for the Products received by the Agency. If the Agency makes all TAP CEW payments, 5 years after the start of the TAP Term, Axon will provide the Agency with a new CEW that is the same Product or a like Product, in the same weapon class (CEW Upgrade Model), as well as a battery. The Agency may elect to receive the CEW Upgrade Model anytime in the 5th year of the TAP term as long as the final payment has been made. 3 lq AfiM. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments for the Evidence.com Services, then Axon may terminate TAP and all outstanding Product related TAPs. Axon will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 3.1. TAP coverage will terminate as of the date of termination and no refunds will be given. 3.2. Axon will not and has no obligation to provide the free upgrades. 3.3. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 3.4. If the Agency received a credit towards the first TAP payment as part of a trade-in promotion, then upon cancellation/termination the Agency will be assessed a $100 cancellation fee for each covered product. ❑, ❑ AXON, Axon, TASER CAM, and TASER are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit.� t..0,1,t,�,'t, a 0, y . All rights reserved. O 2017 Axon Enterprise, Inc. 71dw, Axes Entupdse, lm'e TASER 60 UnllmOed Terms and CsndRlorrs (Online) Deperlmeet SeleelCemarwr Service Verdorr: 3.0 Re sawe Dow 24%410 Page 5 of 5 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 11/15/18 Division Chief Tim Lancaster Department Police BPW Date 11/27/18 Phone Extension 9301 Required Prior to Submittal to Board Legal Attorney Name Clara McDaniels Controller review is required for all Contracts $5,000.00 or more Controller ® and greater than one year in length per the City Purchasing Policy Purchasing Check the Appropriate Item Type — Required for All Submissions _ Agreement Z Contract El Proposal El Addendum El Professional Services ❑ Amendment E] Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet Quote Opening ❑ Quote Award Chg Order No. ❑ C/O & PCA No. ❑ PCA (] Ease./Encroach. ❑ Traffic Control Resolution Other: Claim Required Information IT Companyor Vendor Name on Enterprise, Inc New Vendor -� -J ..._ ... �� Yes ❑ If Yes, Approved by Purchasing ® No MBE/WBE Contractor ❑ MBE Completed E-Verify Form Attached El Yes ❑ WBE ❑ No Project Name Axon En . _ _ ......_........�._ Project Number �..... Funding Source __. _. ..._ ... Continuing Education Fund Account No. 220-8126-421.22-24 Amount $525,788.00 Terms of Contract 60 months Purpose/Description .... ._............... _�...... The South Bend Police Department is requesting Board approval for the purchase of 240 Axon Enterprise, Inc. model X2 Tasers. The Taser model currently used by the South Bend Police Department, the X26, is at its end of life. Axon has stopped marketing, selling, and maintaining the X26 Taser. The Axon Taser is an essential device carried by all officers of the South Bend Police Department. The Taser is the primary intermediate use of force device for the South Bend Police Department. The new X2 Tasers would be purchased under Axon's TASER 60 five-year contract plan. The Tasers would be delivered at the start of the contract plan. The plan also includes warranty, replacement duty & training cartridges, and batteries for the 5-year term. The initial payment in 2019 would be $86,108.00. The total amount of the purchase over the 5-year period would be $525,788.00. The funding source for the new Tasers would be the Continuing Education Fund, account 4220-8126-421.22-24. Axon's Taser is a sole source product. For Chancie Orders 0 Amount of I I Increase