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Home My WebLink AboutTrade Agreement - Smith and Wesson - Exchange of Guns for SBPDBOULEVARD CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF IC WORKS April 9, 2019 Joe Niedziela Smith and Wesson Corp. 2100 Roosevelt Ave. PO Box 2208 Springfield, MA 01102 RE: Trade Agreement Dear Mr. Niedziela: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on April 9, 2019, approved the above referenced agreement regarding the exchange of two -hundred fifty (250) used handguns for new handguns for South Bend Police Department at no cost. 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, t , Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU 701 W. SAMPLE STREET SOUTH BEND, 1NDIANA 46601-2890 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PHONE 574/ 235-9311 FAx 574/ 288-0268 SOUTHBEND POLICE DEPARTMENT SCOTT A. RUSZKOWSKI, CHIEF OF POLICE Board of Public Works Date: March 28t", 2019 City of South Bend, Indiana Honorable Board Members, The South Bend Police Department is requesting Board approval of a Trade Agreement between the South Bend Police Department & Smith & Wesson Corp. Smith & Wesson Corp. agrees to deliver 250 new in box M&P9 M2.0 full size handguns with night sights, 3 magazines, engraved with a SBPD badge. In exchange the South Bend Police Department will inventory, box, and ship to CONUSA FFL on behalf of Smith & Wesson, 235 used M&P9 handguns with night sight, 3 magazines, engraved with the letters "SBPD," and 15 used M&P9 M2.0 full size with night sights, 3 magazines, and engraved with letters "SBPD." The cost to the South Bend Police Department for the trade is $0. The M&P9 M2.0 is the latest generation of the M&P9 handgun. Improvements have been made to the grip which include an additional sizing adapter and increased texturing for better ergonomics and handling. Improvements have also been made to the trigger mechanism which allow for less invariability in travel to the point of sear release. The billing dates for the Smith & Wesson M&P9 handguns currently in South Bend Police Department inventory were: 03/09/2015, 07/09/2015, & 07/14/2015. The billing date for the 15 M&P9 M2.0 handguns currently in South Bend Police Department inventory was 04/12/2018. The South Bend Police Department is requesting board approval of the trade agreement & exchange of the 250 Smith & Wesson M&P9 handguns currently in South Bend Police Department inventory. See attached documents. Respcctfidly, Support Division Chief Tim Lancaster ervice Bravery P ride Dedication *Snii&Wessotf dr8IEr 2061 �" ,q it tlii 3 �fi�+, 9r�„ MA I ! 7 1 02-2%" J `d TRADE AGREEMENT This Trade Agreement ("Agreement') made pursuant to quote number SBPD 3/7/2019, is made effective March 13, 2019 (the "Effective Date") between Smith & Wesson Corp., having an address of 2100 Roosevelt Ave, Springfield, MA 01104 ("S&W"), and South Bend Police Department ("SBPD"), having an address of 701 W. Sample St. South Bend, IN 46601, S&W and SBPD are, each, a "Party" and together, the "Parties" to this Agreement. NOW, THEREFORE, in consideration of the premises, and the mutual covenants contained herein, the sufficiency of which is acknowledged, and intending to be legally bound thereby, S&W and SBPD agree as follows: WHEREAS, SBPD, further understands that the CONUSA FFL dealer will be chosen by S&W and is a third -party vendor possessing a federal firearms license to transfer and manufacturer firearms. As such S&W will not be held liable for the method in which the used trade pistols are transferred, sold or thereby disposed of by CONUSA FFL or their designees. 1. Shipments: a. Delivery shall begin no later than ninety (90) days after SBPD delivers a final purchase order document. b. Delivery terms shall be per Incoterms 2010, FOB Destination. SBPD, as an Agency, shall pay for firearms -and magazines as set forth in Ld ("Product'), ordered in United States Dollars in accordance with terms of payment established by the Parties. c. All new firearms will be deemed accepted, unless SBPD provides written notice to the contrary within 30 days of delivery. d. S&W agrees to deliver to SBPD: New Description Quantity Model 11518 New in box, M&P9 M2.0 Full size with night sights, 3 250 ........ ........ Magazines, and SBPD Badge engraved on top of Slide New in box, e. SBPD agrees to inventory, box, and ship to CONUSA FFL on behalf of S&W the following items ("Trade Pistols"): _. ................... .. _................. Used Description Quantity Model 10279 M&P9 with Night Sights, 3 Magazines, and engraved with 235 SBPD 12410 M&P9 M2.0 M2.0 Full size with night sights, 3 Magaines and 15 engraved with SBPD Page 1 of 4 South Bend Police Department Trade Agreement 1 pirea r voq Avlwv, `10 *'Brra2�4 f. Upon execution of this Agreement, Quote acceptance and an Order placed by SBPD, S&W will ship to SBPD items identified in Section Ld of this Agreement. 2. Taxes. SBPD is responsible for all sales and other taxes arising from its activities. 3. Sco e & Pur ose Of Trade Agreemettt: It is the intent of this Agreement to replace only items listed in Section Le of Trade Pistols which are currently in the possession of the SBPD. 4. Used/Trade Guts Shipping And Delivery Conditions Additionally, SBPD agrees to email a list of all the serial numbers being shipped to the CONUSA FFL prior to each shipment in Excel format to Joe Niedziela at °niedziel,t 4smith-, Nyesson cone and Aleksandr Pikalov at � lalIT w i��n ith wesson.coin. 5. Delivery of Used Guns: SBPD shall ship all items listed in Section Le of Trade Pistols to the CONUSA FFL within three (3) months of receipt of the first shipment of items listed in Section Ld of this Agreement. A late charge of five percent (5%) will be deducted from the value of each Trade Pistol that is received by S&W after, this three (3) month deadline. In the event SBPD has not delivered the full quantity, as listed in Section Le of Trade Pistols within this three (3) month deadline, SBPD will be required to pay for any missing Trade Pistols. SBPD will package Trade guns in a manner that prevents scratching and marring while being shipped. 6. Condition of Trade Pistols: The Trade Pistols shall be in good working condition, as determined by S&W or its CONUSA FFL dealer. "Good working condition" is defined as: safe to use, reliable to operate and with all pieces and parts. Each used firearm be shipped with all sights and magazines as set forth in Section Le of Trade Pistols. SBPD will be invoiced by either S&W or CONUSA FFL for any repairs needed to any Trade Pistols, and for any missing pieces or parts required to return any Trade Pistol to good working condition. SBPD shall pay for all such repairs and parts within thirty (30) days of invoice. S&W shall notify SBPD of any shortage, missing parts, and/or breakages with thirty (30) days of receipt of the firearms to the CONUSA FFL facility. 7. Term: This Agreement will expire on May 3, 2019. 8. Offer: The offer to enter into this Agreement shall expire if SBPD does not return an unmodified executed copy of this Agreement by 5/3/2019. 9. Char es For Missing Part & Accessories Charges for missing trade parts and accessories will be based upon manufacturer's suggested retail price list. Charges will vary according to type of part or parts needed for repair. Specific charges for certain items are set forth below: 1. Missing Trade Pistol $379.09 2. Missing or broken magazines $17.00 Page 2 of 4 South Bend Police Department Trade Agreement 2100 Aooseveft Avenue Smith& sson Sp in2208 engflold, MA 01102,2208 3. Additional shipping or labor charges may apply if repairs require pistols to be returned to the manufacturer or to an authorized repair location. 10. Use of NewPistols: SBPD agrees that all new pistols, shall be issued for duty use, in due course, upon receipt from S&W. SBPD shall contact S&W if any new pistols are removed from service for any reason within one (1) year of the delivery date. SBPD agrees that it shall not trade these new pistols for other firearms or use them for any purpose other than duty carry or training, unless specifically agreed to by S&W in writing. 11. Warranty: If a Product is covered under a Warranty, S&W will provide an express written limited warranty in the packaging with such Product ("Warranty"). TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUCH WARRANTY, IF ANY, IS IN LIEU OF, AND SMITH & WESSON HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SBPD shall not make any representations or express warranties concerning the Products except those contained, if any, in S&W prepared materials accompanying the Product, including without limitation the Warranty. SBPD is not authorized to extend or otherwise modify (or permit any vendee to extend or otherwise modify) S&W's warranty with respect to any Product. Any statement or warranty, written or oral, made by SBPD with respect to a Product that exceeds, modifies or deviates from the applicable warranty, if any, for such Product provided by S&W shall be the sole responsibility of SBPD unless S&W has given its written authorization for such modification or deviation. S&W shall have no obligation to provide any warranty to Products exported without the express written permission of S&W. Any terms and conditions appearing on an Agency Letter confirmation, or a subsequent documentation will be deemed void, and such Agency Letter confirmation or subsequent documentation will be used solely for the quantities and delivery dates set forth therein. I do hereby acknowledge receipt of these additional terms and conditions and agree that they form part of the Quote referenced above. for South Bend Police Department: Signature: w p' Print Name: , t° 0 V_z Print Title for Smith & Wesson Corp.: Signature: Print Name: Print Title: Date Signed: Date Signed: Page 3 of 4 South Bend Police Department Trade Agreement 210,0 V7oosor ra�'Nrt rµ, ,nov *Smith&Wessoif P fed lira; " tii�l Page 4 of 4 South Bend Police Department Trade Agreement HKB9842 HKB3764 HKB4150 HKB6670 HKB6682 HKFO168 HKB9854 HKB3773 HKB6673 HKB3754 HKB3844 HKB3772 HKB3751 HKB3609 HKB3605 HKFO148 HKB3837 HKB3833 HKB9850 NCF3464 HKB3830 HKB6698 HKB3879 HKB3849 HKB3613 HKB3766 HRU7369 HKB9381 HKB3651 HKB6686 HKB3658 HKB3835 HKFO170 HKB9833 HKB9831 HKB3744 HKB9828 HKB9853 HKB9843 HKB9367 NCE9167 HKB3737 HKB3746 HKB5068 HKB3665 HKB3779 HKB9836 HKB9379 HKB3607 HKB4157 HKFO164 HKB9377 HKB5078 HKB3840 HKB6685 HKB5079 HKB5066 HKB3794 HKB5086 HKB3616 HKB4154 HKB5056 HKB5074 HKB4152 HKB3877 HKB9380 HKB9838B HKB6690 HKB9847 HKB3672 HKB6694 HKFO162 HKB3782 HKB3790 HKB9844 HKB6689 HKB5057 HKB3850 HKB6695 HKB4156 HKB3854 HKB6675 HKB9851 HKB5059 HKB3845 HKB5077 HKB3669 HKFO163 HKB6696 HKB5081 HKB6677 HKB3840 NCF3346 HKB3750 HKFO165 HKB3660 HKB3783 HKB6680 HKB9366 NCE9136 HW D8786 HKB3795 HKB3777 HKFO166 HKB3839 HKB3878 HKB3771 HKB3749 HKB5061 HKB9362 HKB9376 HKB3832 HKB3762 HKB3653 HKB3600 HKB6701 HKB6678 HKB9363 NCF3456 NCE9165 HKB9369 HKB5058 HKB3767 HKB3836 HKB6209 NCF3467 HKB3604 HKB3738 HKB83740 HKB3851 HKB5075 NCE9169 HKB3759 HKB3853 HKB9841 HKB5064 HKB3791 NCE9164 HKB3662 HKB4158 HKB3652 HKB6207 HKB3674 NCE9161 HKB3614 HKB9375 NCF3457 HKB3655 HKB9830 HKB5069 HKB3739 HKB3743 HKB6676 HKB9846 HKB6681 HKB9848 HKB9852 HKB6697 HKB3843 NCF3462 HKB83610 HKB3760 HKB9845 HKFO144 NCE9160 HKB6199 HKB3753 HKB9382 HUR2607 HKB3606 HKB3828 HKB4148 HKB9378 HKB3671 HKFO155 HKB6202 HKB3780 HKB3752 HKB9365 HKB3834 HKB3614 HKB4155 HKB3741 HKB3659 HKB9360 HKB3846 HKB6211 HKB3781 HKB9856 NCF3463 HKB3755 HKB9832 HKB6684 HKB3793 HKB3743 HKB3756 HKB5118 HKB3769 HKB3611 HKB6683 HKB3778 HKB3601 HKB3602 H UJ2662 HKB3789 HKB9840 HKB5078 HKB3838 HKB6674 HKB9855 HWD8787 HKB3657 HKB3667 HKB3745 HKB5083 HKB3737 HKB3847 HKF0800 HKB5063 HKB3799 HKB9820 HKB3661 HKB6201 HKB3673 HKB3831 HKB3852 HKB3776 HKB3787 HKB5071 HKB9827 HKB3774 NCF3466 HKB5087 HKB3747 HKFO167 HKB5084 HKB5065 HKB6692 HKB6700 HKB4147 HKB3829 HKB9837 HKB3792 HKB3656 HKB5059 HKB83615 HKB3848 HKB5061 HKB4146 HKB3668 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 3/28/2019 Division Chief Tim Lancaster Department SBPD BPW Date Aril 9t", 2019 Phone Extension 9301 BPW Da mow _ uired Prior to Submittal to Board Legal X Attorney Name Geovanny Martinez 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 LXJ Agreement 0 Professional Services El Bid Opening F-1 Quote Opening Chg Order No. Ease./Encroach. ill Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description wrcriate Item Type .- ❑ Contract ❑ Amendment ❑ Bid Award Quote Award ❑ C/O & PCA No. ❑ Traffic Control d for All Subm, I_ Proposal ❑ Req. to Advertise uired Information Addendum ❑ Title Sheet ❑ PCA Resolution44�-*__'� Claim Smith & Wesson Corp- Yes E] If Yes, Approved by Purchasing ZI No ❑ WBE Completed E-Verify Form Attached Neos 2019 South Bend Police un De artment hand trade-in project.. g ......... N/A 0.00 N/A _. _"- _ _ ic"...._ artmenmt.mre uests Board..,..... The South hBend Police De of Public Works approval of a trade agreement with Smith & Wesson Cor Smith & Wesson would deliver 250 new handguns in exchan e for 250 used handguns currentiv in South Bend Police For Change, Orders ON Amount of 0 increase $ Decrease Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % ...................�. Time Extension: ....... .. ... Dispersal After Approval Copy Original ® ❑ Division Chief Tim Lancaster