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HomeMy WebLinkAboutContract 57477-A2CSC No. 57477-A2 AMENDMENT NO. 2 TO CITY OF FORT WORTH CONTRACT 57477 This Amendment is entered into by and between the City of Fort Worth (hereafter "Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and AXON ENTERPRISE, INC. ("Vendor"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on April 27, 2022, the Parties entered into City Secretary Contract 57477 to provide Axon Devices and Services ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to add Axon Devices and Services for the Marshal Division. NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS The Vendor's quote, beginning at page 40 of the Agreement, is hereby amended to include the additional quote for Axon devices and services attached below as Exhibit A. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ACCEPTED AND AGREED: CITY OF FORT WORTH: Vj By: Valerie Washington (Jul5, 202315:51 CDT) Name: Valerie R. Washington Title: Assistant City Manager Date: J U l 5, 2023 APPROVAL RECOMMENDED: By: Name: William F. Rumuly Title: Municipal Court Director ATTEST: 4d4944Qq �a P o� FORtw d �o pP*oo o*pd "s °a uzn5 qp a bnn4000 By: Name: Jannette Goodall Title: City Secretary VENDOR: Robert C. OKSGol% Jr. By: Robert E. Driscoll, Jr. (Jul 5. 2023 15:18 EDT) Name: Robert Driscoll Title: VP, Associate General Counsel Date: J U l 52 2023 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Shelley Hollars(Jul 5,202315:36 CDT) Name: Shelley Hollars Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: .A. 1. P Name: Andrea Phillips Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0316 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas FORTWORTH DATE: 4/26/2022 REFERENCE NO.: M&C 22-0316 LOG NAME: 35AXON CONTRACT CODE: C TYPE: NON -CONSENT PUBLIC HEARING: NO SUBJECT. (ALL) Authorize Execution of a Master Services and Purchasing Agreement with Axon Enterprises Inc., for a Twelve -Year Term for an Amount Up to $3,699,999.90 for the First Year and Up to $6,962,876.74 Per Year for the Succeeding Eleven Years for a Total Amount of $74,224,200.26 to Provide Bundled Tasers, Body Worn Camera Systems, In Car Video Systems, Interview Room Systems, Including Peripherals, and Software, Support and Storage Using Crime Control and Prevention District Funds for the Police Department and the Special Revenue Fund for Municipal Courts RECOMMENDATION: It is recommended that the City Council authorize execution of a Master Services and Purchasing Agreement with Axon Enterprises Inc. for a twelve-year term for an amount up to $3,699,999.90 for the first year and up to $6,962,876.74 per year for the succeeding eleven years for a total amount of $74,224,200.26 to provide bundled tasers, body worn camera systems, in car video systems, interview room systems, including peripherals, and software, support and storage using Crime Control and Prevention District Funds for the Police Department and the Special Revenue Fund for Municipal Courts. DISCUSSION: The Fort Worth Police Department (FWPD) is seeking to combine and update the scope of work for Police Department officer safety technology contracts. These contracts provide tasers, body worn cameras, in -car video systems, interview room camera systems, and related software from Axon Enterprises. The proposed contract will replace Contract # 55053 (Mayor and Council Communication (M&C) 21-0530, 20-0972, P-12254) and previous Contract # 54679 (M&C 19-0230, P-12271). The combined contract will leverage and upgrade existing vital, technical and service level agreements into one contract. The purpose of the combined contract is to secure pricing for 12-years for both existing and updated technology and equipment. First year pricing will accommodate current Fiscal Year (FY) 2022 appropriations of $3.5M before increasing to $5.8M in Fiscal Year 2023 to account for additional users, new and upgraded technology and technology price increases. Vendor pricing for current contracts is expiring. This would result in a 61\% increase from $3.5M to an estimated $5.65M for the same technology. Additional increases should be expected in subsequent years when using traditional CO-OP pricing. This is estimated to be $400,000.00 per year. These increases do not include the vital, updated technology proposed in this contract. Furthermore, the pricing difference between the new technology, provided in this combined contract ($5.8M in FY23), and current technology ($5.65M in FY23) is $232,000.00 (4\% difference). Thereafter, the combined contract will increase less than 2\% over the life of the contract. This does not account for quantity changes resulting from increase in FWPD personnel though quantity pricing would follow the contracted amounts. Traditional CO-OP Pricing Combined Pricing ( (Current Technology) Updated Technology) FY2022 $3.9M $3.5M FY2023 $5.65M $5.8M Traditional CO-OP Pricing Combined Pricing ( (Current Technology) Updated Technology) Est. Annual Increase - 7\% < 2\% Since 2018, the Police Department has upgraded 1493 Taser X2 Models to the Taser 7 Model as part of the Officer Safety Plan. This plan similarly provides warranty of all equipment as well as maintenance, upgrades, repair services, and cloud storage of all data. It also provides FWPD with replacement tasers and includes batteries, holsters, field cartridges, and simulation cartridges to support annual usage. Body worn cameras will be refreshed or replaced at a minimum of 30-months after deployment. Tasers, fleet cameras, and interview room cameras will be refreshed or replaced at a minimum of 60-months after deployment. The software applications include Axon Performance, Aware, and Axon Standards and will allow the department to set performance metrics. The proposed contract addresses the need to increase quantities of tasers (100) and body worn cameras (50) for new officers. Contract upgrades include in - car video system and body worn cameras. The new technology added by the contract includes additional software included in Axon's Officer Safety Plan 7 Plus Premium Plan which includes Fleet 3 Advanced and the Pro License, Dynamic, and Hardware bundle. These emerging technologies include a record management system (RMS), video live streaming, an automated redaction system, automatic verbal transcription to report software, license plate reader cameras, a firearm sensor (automatically activates body cam), integrated drones/cameras, and enhanced performance audits for supervisors and internal affairs. This purchase is approved as exempt from competitive bidding since it is necessary to preserve or protect the public health or safety of the City of Fort Worth's residents. Currently, the Taser 7, body worn cameras, in -car cameras, interview room cameras, and the software platform are one integrated system. Having the integrated system provides automatic activation of all devices when one is activated, which could be several officers or vehicles that are on -scene. This reduces the number of tasks the officer is focusing on, and allows the officer to address the immediate cause of concern, which increases total public safety. Because this is an integrated system, all of the collected data is uploaded into the same software platform, which is then linked together. Axon has developed a report management system (RMS), which will directly import the needed information, to complete the report writing process in less time. This will allow the officer to be available for additional calls for service from citizens. The cumulative data from all of the integrated devices will be linked to the existing data from the associated reports/incidents. Having all files linked together in a single software platform dramatically increases efficiency for criminal and administrative cases. Furthermore, officers cannot access or modify any recorded data, and data that is downloaded is tracked with unique serial number, which identifies the user. This provides accountability for officers, and allows for audits, investigations, and assists in identifying unacceptable conduct. The program will automatically detect Use of Force events and link all associated files, to include videos, reports, and Taser activity, from all devices present during the event. This will ensure that the assigned investigator, and reviewing officials, have all available information to make a determination on the event. This transparency increases public trust and confidence in officers, which leads to better relationships, and dramatically increases public safety If the City solicited bids for these items, the additional technology and features mentioned above would not be included. Additionally, the Taser 7 is a proprietary device which is only produced by Axon. The integrated system offered by Axon is unique and has historically provided the FWPD the tools they need to serve and protect the citizens of Fort Worth. Below are the yearly costs of the contract. Police Department Fiscal Year Yearly Cost CCPD FY22 $3,499,999.90* FY23 $5,882,113.51 Municipal Courts Yearly Annual Cost Special Total Revenue Fund $200,000.1 $3,699,999.90 $200,000 1 $6,082,113.51 FY24 1 $6,290,064.45 $200,000 $6,490,064.45 FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32 FY33 Total Total (minus existing appropriations) $5,860,727.93 $6,139,989.84 $5,988,949.32 $6,044,119.74 $5,990,975.80 $6,762,876.74 $6,454,794.35 $6,454,794.32 $6,454,794.36 $71,824,200.26 $68,324,200.36 $200,000 $6,060,727.93 $200,000 $6,339,989.84 $200,000 $6,188,949.32 $200,000 $6,244,119.74 $200,000 $6,190,975.80 $200,000 $6,962,876.74 $200,000 $6,654,794.35 $200,0001 $6,654,794.32 $200,000 1 $6,654,794.36 $2,400,000 $74,224,200.26 *No additional appropriation required The contract will be funded in the Crime Control and Prevention District Operating Fund and Special Revenue Fund. There is no impact to the FY22 budget. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds will be available in the current operating budget, as previously appropriated, in the Crime Control and Prevention District Fund and General Fund. Prior to an expenditure being incurred, the Fort Worth Police Department and Municipal Courts Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID I I Year (Chartfield 2) Submitted for Citv Manager's Office bv: Fernando Costa (6122) Originating Department Head: Neil Noakes (4212) Additional Information Contact: Ty Hadsell (4141) ATTACHMENTS 35AXON CONTRACT.docx (CFW Internal) Axon Exemption (1.12.21).(Signed).pdf (Public) Copv of MC Axon Combined 3.8.22 with Municipal Courts.XLSX (CFW Internal) In -Car Video Budaet.PNG (CFW Internal) Municipal Courts SRF Budget.png (CFW Internal) Officer Safety Equipment Budget.PNG (CFW Internal) Q-362520 Ft Worth Combined - rev 44 (004).,pdf (Public) Axon Enterprise, Inc. Exhibit A 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 SHIP TO BILL TO SALES REPRESENTATIVE Delivery-1000 Throckmorton St Fort Worth Marshal's Office - TX Andrew Grayson 1000 Throckmorton St 1000 Throckmorton St 3rd FI Fort Worth, Fort Worth TX TX Phone:602-350-8111 76102-6312 76102-6312 USA USA Email: I I Email: agrayson@axon.com Fax: (480) 991-0791 Q-4942 55-45104.660E C Quote Expiration: 07/31/2023 Account Number: 455172 Payment Terms: N30 Delivery Method: PRIMARY CONTACT John Rablee Phone: (817) 999-2040 Email: john.rablee@fortworthtexas.gov Fax: Quote Summary Discount Summary Program Length 12 Months Average Savings Per Year $0.00 TOTAL COST $1,878.75 TOTAL SAVINGS $0.00 ESTIMATED TOTAL WI TAX $1,878.75 Payment Summary Date Subtotal Tax Total Jun 2023 $1,878.75 $0.00 $1,878.75 Total $1,878.75 $0.00 $1,878.75 Page 1 Q-494255-45104.660EC Quote Unbundled Price: Quote List Price: Quote Subtotal: Pricing All deliverables are detailed in Delivery Schedules section lower in proposal $1,878.75 $1,878.75 $1,878.75 Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Hardware 11508 MOLLE MOUNT, DOUBLE, AXON RAPIDLOCK 45 $41.75 $41.75 $1,878.75 $0.00 $1,878.75 Total $1,878.75 $0.00 $1,878.75 Page 2 Q-494255-45104.660EC Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date A la Carte 11508 MOLLE MOUNT, DOUBLE, AXON RAPIDLOCK 45 06/15/2023 Page 3 Q-494255-45104.660EC Payment Details Jun 2023 Invoice Plan Item Description Qty Subtotal Tax Total Upfront 11508 MOLLE MOUNT, DOUBLE, AXON RAPIDLOCK 45 $1,878.75 $0.00 $1,878.75 Total $1,878.75 $0.00 $1,878.75 Page 4 Q-494255-45104.660EC Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Contract BuyBoard Contract 648-21 is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern. Standard Terms and Conditions Axon Master Services and Purchasing Agreement: ACEIP Axon Enterprise Inc. 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 www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de -identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: 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, municipality, 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 authority, please do not sign this Quote. Page 5 Q-494255-45104.660EC Signature 6/27/2023 Date Signed Page 6 Q-494255-45104.660EC EXCEPTIONS & AXON MASTER SERVICES AND PURCHASING AGREEMENT Axon's proposal is contingent upon the acceptance of BuyBoard Contract 648-21, and not the terms of the RFQ as the definitive terms to govern any purchase resulting from this submission, except with respect to quantity, pricing and technical specifications.