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HomeMy WebLinkAboutContract 45452TASER International Protect Truth 17800 N 85th St. Scottsdale, Arizona 85255 U nited States P hone: (800) 978-2737 Fax: (480) 991-0791 Jeff Halstead (817) 392-4210 (817) 392-4216 jeff.halstead@fortworthtexas.gov Bill To: Fort Worth 350 W BELKNAP STREET RM 205A Fort Worth, TX 76102 USA SALESPERSON I PHONE Andrew Grayson I 800-978-2737 )UY i'_ /, COMO Mau _1159 Ser‘s Quotation Quote: Q-09271-9 Date: 2/25/2014 1:36 PM Quote Expiration: 6/30/2014 Contract Start Date*: 5/1/2014 Contract Term: 5 years Ship To: Jeff Halstead Fort Worth 350 W BELKNAP STREET RM 205A Fort Worth, TX USA EMAIL agrayson@taser.com *Note this will vary based on the shipment date of the product. Due Net 30 QTY 400.00 400.00 400.00 67.00 400.00 67.00 67.00 400.00 PART # 73030 73021 85053 70026 85079 85094 85096 85078 200.00 188101 48,000.00 I 85035 8,000.00 I 85035 I 2,000.00 85035 120.00 73030 20.00 185053 1,000.00 I 87101 5,000.00 f 85035 DELIVERY METHOD PAYMENT METHOD Fedex - Ground Net 30 DESCRIPTION KIT, AXON, FLEX MULTI -MOUNTING OPTION KIT, FLEX 5 YEAR TASER ASSURANCE PLAN AXON FLEX EVIDENCE COM, DOCK, SIX CAMERA BAYS +HUB TASER ASSURANCE PLAN ETM PAYMENT: 5/1/2014 to 9/30/2014 5 YEAR TASER ASSURANCE PLAN ETM HUB 5 YEAR TASER ASSURANCE PLAN ETM 6 BAY ULTIMATE EVIDENCE COM ANNUAL PAYMENT: 5/1/2014 to 9/30/2014 STANDARD EVIDENCE COM LICENSE: 5/1/2014 to 9/30/2014 EVIDENCE COM STORAGE: 5/1/2014 to 9/30/2014 EVIDENCE COM STORAGE EVIDENCE COM STORAGE KIT, AXON, FLEX 5 YEAR TASER ASSURANCE PLAN AXON FLEX BASIC EVIDENCE COM LICENSE' 5/1/2014 to 9/30/2014 EVIDENCE COM STORAGE i , ; PETAi :\1 RT 1Ri Page 1 of; 4 ,, _A`ij'}r no Mektir119 TX UNIT PRICE U SD 0.00 U SD 0.00 U SD 0.00 U SD 0.00 USD 15.00 U SD 0.00 U SD 0.00 USD 245.00 USD 125.00 U SD 0.63 U SD 0.00 U SD 0.00 U SD 0.00 U SD 0.00 USD 49.75 U SD 0.00 TOTAL PRICE U SD 0.00 U SD 0.00 U SD 0.00 USD 0.00 USD 6,000.00 U SD 0.00 U SD 0.00 USD 98,000.00 USD 25,000.00 USD 30,240.00 U SD 0.00 U SD 0.00 U SD 0.00 U SD 0.00 USD 49,750.00 U SD 0.00 WEB MAR 2 6 zo QTY 1.00 PART # 85056 DESCRIPTION PREMIUM SERVICE Year 1 payment #2-Due October 2014 QTY 1,000.00 200.00 48,000.00 5,000.00 2,000.00 400.00 8,000.00 400.00 Year 2 QTY 1,000.00 5,000.00 400.00 400.00 200.00 48,000.00 8,000.00 2,000.00 PART # DESCRIPTION 87101 BASIC EVIDENCE COM LICENSE YEAR 1 PAYMENT 88101 STANDARD EVIDENCE COM LICENSE: YEAR 1 PAYMENT 85035 EVIDENCE COM STORAGE 85035 EVIDENCE COM STORAGE 85035 EVIDENCE COM STORAGE 85078 ULTIMATE EVIDENCE COM ANNUAL PAYMENT 85035 EVIDENCE COM STORAGE 85079 TASER ASSURANCE PLAN ETM/EVIDENCE COM DOCK ANNUAL PAYMENT Due October 2015 U NIT PRICE USD 7,500.00 Due Net 30 Net Price: U NIT PRICE USD 119.40 USD 300.00 USD 1.50 USD 0.00 USD 0.00 USD 588.00 USD 0.00 USD 36.00 Year 1 payment #2-Due October 2014 Net Price: PART # DESCRIPTION 87201 BASIC EVIDENCE COM LICENSE• YEAR 2 PAYMENT 85035 EVIDENCE COM STORAGE 85079 TASER ASSURANCE PLAN ETM ANNUAL PAYMENT 85078 ULTIMATE EVIDENCE COM ANNUAL PAYMENT 88201 STANDARD EVIDENCE COM LICENSE YEAR 2 PAYMENT 85035 EVIDENCE COM STORAGE 85035 EVIDENCE COM STORAGE 85035 EVIDENCE COM STORAGE U NIT PRICE USD 119.40 USD 0.00 USD 36.00 USD 588.00 USD 300.00 USD 1.50 USD 0.00 USD 0.00 Year 2--Due October 2015 Net Price: Year 3--due October 2016 QTY PART # DESCRIPTION 400.00 85079 TASER ASSURANCE PLAN ETM ANNUAL PAYMENT 5,000.00 85035 EVIDENCE COM STORAGE 1,000.00 87301 BASIC EVIDENCE COM LICENSE YEAR 3 PAYMENT 400.00 85078 ULTIMATE EVIDENCE COM ANNUAL PAYMENT 200.00 88301 STANDARD EVIDENCE COM LICENSE• YEAR 3 PAYMENT 48,000.00 85035 EVIDENCE COM STORAGE 8,000.00 85035 EVIDENCE COM STORAGE 2,000.00 85035 EVIDENCE COM STORAGE Year 4--due October 2017 QTY 400.00 1,000.00 PART # DESCRIPTION 85079 TASER ASSURANCE PLAN ETM ANNUAL PAYMENT 87401 BASIC EVIDENCE COM LICENSE YEAR 4 PAYMENT Page 2 of 4 U NIT PRICE USD 36.00 USD 0.00 USD 119.40 USD 588.00 USD 300.00 USD 1.50 USD 0.00 USD 0.00 TOTAL PRICE USD 7,500.00 USD 216,490.00 TOTAL PRICE USD 119,400.00 USD 60,000.00 USD 72,000.00 USD 0.00 USD 0.00 USD 235,200.00 USD 0.00 USD 14,400.00 USD 501,000.00 TOTAL PRICE USD 119,400.00 USD 0.00 USD 14,400.00 USD 235,200.00 USD 60,000.00 USD 72,000.00 USD 0.00 USD 0.00 USD 501,000.00 TOTAL PRICE USD 14,400.00 USD 0.00 USD 119,400.00 USD 235,200.00 USD 60,000.00 USD 72,000.00 USD 0.00 USD 0.00 Year 3--due October 2016 Net Price: USD 501,000.00 UNIT PRICE USD 36.00 USD 119.40 TOTAL PRICE USD 14,400.00 USD 119,400.00 QTY 400.00 200.00 48,000.00 5,000.00 8,000.00 2,000.00 PART # 85078 88401 85035 85035 85035 85035 Year 5--due October 2018 QTY 400.00 1,000.00 5,000.00 400.00 200.00 48,000.00 8,000.00 2,000.00 PART # 85079 87501 85035 85078 88501 85035 85035 85035 DESCRIPTION ULTIMATE EVIDENCE COM ANNUAL PAYMENT STANDARD EVIDENCE.COM LICENSE: YEAR 4 PAYMENT EVIDENCE COM STORAGE EVIDENCE COM STORAGE EVIDENCE.COM STORAGE EVIDENCE COM STORAGE UNIT PRICE U SD 588.00 U SD 300.00 U SD 1.50 U SD 0.00 U SD 0.00 U SD 0.00 TOTAL PRICE USD 235,200.00 USD 60,000.00 USD 72,000.00 U SD 0.00 U SD 0.00 U SD 0.00 Year 4--due October 2017 Net Price: I USD 501,000.00 DESCRIPTION TASER ASSURANCE PLAN ETM ANNUAL PAYMENT BASIC EVIDENCE COM LICENSE. YEAR 5 PAYMENT EVIDENCE COM STORAGE ULTIMATE EVIDENCE.COM ANNUAL PAYMENT STANDARD EVIDENCE COM LICENSE: YEAR 5 PAYMENT EVIDENCE COM STORAGE EVIDENCE COM STORAGE EVIDENCE COM STORAGE Page 3 of 4 UNIT PRICE USD 36.00 U SD 119.40 U SD 0.00 U SD 588.00 USD 300.00 U SD 1.50 U SD 0.00 U SD 0.00 Year 5--due October 2018 Net Price: TOTAL PRICE U SD 14,400.00 USD 119,400.00 U SD 0.00 USD 235,200.00 U SD 60,000.00 U SD 72,000.00 U SD 0.00 U SD 0.00 USD 501,000.00 Subtotal f USD 2,721,490.00 Estimated Shipping Cost I 0.00 siiSTS=flYre Grand Total I USD. 7 t5O2 9t' 4,211LIC/0 The Evidence.com contract will be from the period of 5/1/2014 to 9/30/2019, which is 5 years and 5 months. The TAP contract will be from 5/1/2014 to 9/30/2019, but the refresh of the units will occur in November of 2016 and April of 2019. TASER agrees to place the original 195 Flex cameras on the refresh program at no cost. This means FWPD will receive 195 new cameras in 2.5 years and 195 new cameras in 5 years from the start date of the original contract -- total value of $194,610. FWPD will also get the next 400 cameras, accessory kit and associated docking stations at no cost -- total value of $379,365. The total savings is $573,975. Payment of $216,490 for the first 5 months of the contract will be due NET 30 days from May 1st, 2014 . Payments of $501,000 are due NET 30 days of October 1st for each additional year of the contract terms. NOTE• This deal in contingent upon FWPD signing this quote by March 30, 2014. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers or, in the alternative, TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers for Sales with Financing if your purchase involves financing with TASER. If your purchase includes the TASER Assurance Plan (TAP), then you are also agreeing to TASER's current Sales Terms and Conditions for the AXON F1exTM and AXON BodyT11' Cameras TASER Assurance Plan (U.S. Only) and/or Sales Terms and Conditions for the X2/X26P and TASER CAM HD Recorder TASER Assurance Plan (U.S. Only), as applicable to your product purchase. All of the sales terms and conditions, as well as, the TAP terms and conditions are posted at httn://www.taser.com/sales-terms-and-conditions. If your purchase includes AXON hardware and/or EVIDENCE com services you are also agreeing to the terms in the EVIDENCE com Master Service Agreement posted at htto://www.taser.com/serviceaareement14. If your purchase includes Professional Services, you are also agreeing to the terms in the Professional Service Agreement posted at httn://www.taser.com/serviceaereementl4. 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 TASER that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote Both parties agree that the terms and conditions contained in the attached Exhibit A "City of Fort Worth's Addendum to TASER International, Inc. Standard Terms and Conditions" are incorporated into this quot do Signature: dage2. � Date: Name (Print): Lir 1 l,tf. Dan/t) $ Title: PO# (if needed): 03. zf ASSIJFcaark A1446;5er Please sign and email to Andrew Grayson at agrayson@taser.com or fax to (480) 991-0791 THANK YOU FOR YOUR BUSINESS! `Protect Life' and O are trademarks of TASER International, Inc., and TASER® is a registered trademark of TASER International, Inc., registered in the U.S. © 2013 TASER International, Inc. All rights reserved. k824-1\k-- edi AtkOkka, Set-nfijavca Page4of4 EXHIBIT A CITY OF FORT WORTH'S ADDENDUM TO TASER INTERNATIONAL, INC.'S STANDARD TERMS AND CONDITIONS This Addendum is made between the City of Fort Worth ("City"), a municipal corporation, acting herein by and through C{ ,-k LV Dame/5 , its duly authorized Assistant City Manager and TASER International, Inc. ("TASER '), acting herein through P1 . f �L; n , its duly authorized ri iAtoc ; de yt F . WHEREAS, the City intends to enter into an Agreement with TASER to provide body cameras and related services; and WHEREAS, it is the collective desire of both City and TASER to amend TASER's Standard Terms and Conditions as they relate to this Agreement. NOW THEREFORE, KNOWN ALL BY THESE PRESENT: The following Standard Terms and Conditions are expressly amended: 1) TASER expressly revokes the language contained in its Standard Terms and Conditions that states "Any different or additional terms set forth by you, whether in your purchase order or another communication, are expressly objected to and will not be binding on us " Such language is replaced with "Any different or additional tei ms set forth by you, whether in your purchase order or another communication, are expressly objected to and will not be binding on us except for the additional terms and conditions as outlined in this Addendum." 2) Term of agreement The Standard Terms and Conditions language as it relates to the term of this Agreement is hereby revoked. The team of the Agreement shall begin May 1, 2014, and end September 30, 2014 ("Initial Term"). After the Initial Term, an additional one year term will commence beginning October 1, 2014, and ending on September 30, 2015. There will be four (4) additional one year renewals that may be executed at the City's option. 3) Governing Law Provisions The Standard Terms and Conditions language as it relates to the governing laws of this Agreement is hereby revoked. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this City of Fort Worth's Addendum to TASER International, Inc.'s Standard Terms and Conditions 1 of Agreement, venue for said action shall lie in Tarrant County, Texas. This Agreement shall be construed under and in accordance with Texas law. 4) Payment of Services The Standard Terms and Conditions language as it relates to payment of services under this Agreement is hereby revoked. Payment for services shall be made by the City as outlined in the quotation from TASER agreed to by City. 5) Indemnification Paragraph number 17(b) in the EVIDENCE com Master Service Agreement is amended by adding the following language to the end of this paragraph: `NOTHING CONTAINED HEREIN SHALL EVER BE CONSTRUED SO AS TO REQUIRE CITY TO CREATE A SINKING FUND OR TO ASSESS, LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS UNDER THIS PARAGRAPH." 6) Non -Applicability of Release Paragraph number 17(c) contained in the EVIDENCE com Master Service Agreement shall not apply to City for purposes of this Agreement. 7) Fiscal Funding Limitation In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify TASER of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. 8) Right to Audit TASER agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of TASER involving transactions relating to this Agreement. TASER agrees that City shall have access during normal working hours to all necessary TASER facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give TASER reasonable advance notice of intended audits. TASER further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, involving City of Fort Worth's Addendum to TASER International, Inc.'s Standard Terms and Conditions 2 of 3 transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subconsultant reasonable advance notice of intended audits. 9) Conflict in Terms It is the express intent of the parties that the Terms and Conditions contained in this Addendum shall be controlling in the event there is a conflict with TASER's Standard Terms and Conditions. ACCEPTED AND AGREED: CITY OF FORT WORTH: BY: l �.G,Gs��/ i��' �.�,��i/ BY: rAti(i-e3 tit ban ;tls (name Assistant City Manager Date: 43.25 /¢ TASER I►' ► T'O, A , INC. APPROVAL RECOMMENDED: By: �1 G�. Jeffrey W. Halstead Chief of Police Date: 3'ZSI'7' APPROVED AS TO FORM AND LEGA Y: By: Jessica Sangsv ng Assistant City ttorney Contract Authorization: M&C: C2&7?'i Date Approved: G2 S' = /4 ATTEST: By: Mari J. Kayser Date: reA 1c fro v J kr K I. )1 1 v OFFICIAL RECORD MN n'toodr,pr, P� Y f is City of Fort Worth's Addendum to TASER International, Inc.'s Standard Terms and Conditions 3 of 3 City Secretary City of Fort Worth's Addendum to TASER International, Inc.'s Standard Terms and Conditions 4 of 3 M&C Review CITY COUNCIL AGENDA DATE: CODE: SUBJECT: COUNCIL ACTION: Approved on 3/25/2014 3/25/2014 REFERENCE NO.: C **C-26729 LOG NAME: PUBLIC HEARING: Authorize Sole Source Purchase Agreement for Video Surveillance Equipment and Management System with TASER International, Inc., for an Initial Five Month Term in an Amount Not to Exceed $216,490.00 and Authorize Five Annual Renewal Options in an Amount Not to Exceed $501,000.00 Annually (ALL COUNCIL DISTRICTS) Page 1 of 2 Official site of the City of Fort Worth, Texas FORT\ThRIII 35PD SURVEILLANCE EQUIPMENT SHG TYPE: CONSENT NO RECOMMENDATION: It is recommended that the City Council: 1. Authorize a Sole Source Purchase Agreement for video surveillance equipment and management system with TASER International, Inc., for an initial five month term in an amount not to exceed $216,490.00, and 2. Authorize five annual renewal options in an amount not to exceed $501,000.00 annually. DISCUSSION: In late 2010, the Fort Worth Police Department (FWPD) began testing several video surveillance solutions to provide on -officer video capabilities for police activity that occurs away from the mounted dash camera of the patrol vehicle. After extensive testing of various surveillance solutions, the FWPD selected the Axon Flex System (Camera System) from TASER International, Inc. The Camera System includes the cameras, associated accessories, mounting and docking station, software interface and maintenance. The Camera System captures valuable evidence and reduces the number of false complaints against officers in criminal cases. The captured video evidence is stored on Evidence.com, an online video storage solution owned by TASER International, Inc. The online storage solution allows officers to store and view digital video evidence from the Axon Flex cameras and various other sources. This secure solution protects the video evidence from tampering and catalogs each event for easy retrieval and evidence management. The City previously purchased 195 cameras, the associated accessories, docking stations, and Evidence.com video storage services. Under this Agreement, TASER International, Inc., is providing the City with 400 cameras, accessory kits, and associated docking stations at no cost to the City. TASER International, Inc., has also agreed to replace the existing 195 cameras currently in use over the course of five years at no cost to the City. The total savings to the City is $573,975.00 over five years. This purchase includes additional Evidence.com storage, software licenses, and related services for the additional 400 cameras. These additional cameras will allow FWPD to expand the use of the cameras for patrol, Zero Tolerance, and Special Weapons and Tactics (SWAT) officers. The initial term of the Agreement is from May 1, 2014 through September 30, 2014. After the initial term, the City will have five options to renew the Agreement for additional one year terms beginning October 1st and ending September 30th of each respective year. The City will pay the initial term from the Fiscal Year 2014 General Fund in an amount not to exceed $216,490.00. FWPD will seek funding from the CCPD fund for each renewal option in an amount not to exceed $501,000.00 annually. TASER International, Inc., is the documented sole source provider of the Axon Flex Camera System and the Evidence.com online storage system. The Axon Flex Camera System is the only system that interfaces with the City's current on -officer cameras and the Evidence.com online storage solution. The processes http://apps.cfwnet.org/council packet/mc_review.asp?ID=19651 &councildate-3/25/2014 3/25/2014 M&C Review Page 2 of 2 and components of the Axon Flex Camera System are protected by patents and copyright laws TASER International Inc., is the sole provider of the Evidence.com online storage solution and copyrighted components. M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. RENEWAL OPTIONS - After the initial term, the City will have five options to renew the Agreement for additional one year terms beginning October 1st and ending September 30th of each respective year. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendation, funds will be available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0351301 $216.490.00 Submitted for Citv Manager's Office bv: Charles Daniels (6199) Originating Department Head: Jeffrey W. Halstead (4231) Additional Information Contact: Shallah Graham (4229) ATTACHMENTS Approved Sole Source.pdf http://apps.cfwnet.org/councilpacket/mc_review.asp?ID=19651 &councildate=3/25/2014 11/6/2015