HomeMy Public PortalAboutORD15877 BILL NO. 2018-091
SPONSORED BY Councilman Graham
ORDINANCE NO. /507'7
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A $64,232.80 AGREEMENT WITH AXON
FOR THE PURCHASE OF THE TASER ASSURANCE PLAN (TAP).
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with Axon for the Taser Assurance Plan in the amount of
$64,232.80. The cost request is $8,692.00 for the initial payment in year one. The cost
for each of the four following years will be $13,885.20 for the total obligation of
$64,232.80. Funding will be requested in the amount of $13,885.20 for years two
through five.
Section 2. The Agreement with Axon shall be substantially the same in form and
content as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: kisit4%t,194, ,,O/ Approved: (323/ , 1
---621.1.‘?a/(4'-‘
Presiding Officer Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
j d
Cit"'Clerk ' Ci Ornselor
CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
EXHIBIT A
THIS CONTRACT , m a d e and entered into the date last execu te d by a party as
indicate d b e l ow, by and between t h e City of Jefferson, a municipal corporat ion of t h e
State of Misso uri, h ereina fte r r e ferred to as the "City", and Axon Enterprise, Inc.,
h e r e inafter referred to as t h e "Contractor".
WITNESSETH:
THAT WHEREAS , the City d esires to e nga ge the Cont r actor to r ender
ser v ices for t h e Taser Assurance Pla n , h e r e inafte r de scribe d in Exhibit A.
WHEREAS, Co n tractor has made certain representations a nd statem ents to
the City with r espect to t he provision of s u c h servic es a nd the City has accep ted said
proposal to enter into a co n t r act with the Co ntractor for the performance of servi ces
by the Contractor.
N OW THEREFORE, for the co n s ide r ations h e r ein expr essed, it i s agree d by
a nd b etween the City and the Contractor as follows:
1. Scope of Services. The City agr ees to engage the servi ces of t h e Contr actor to
render certain services for t h e Taser Assurance Plan, h ereinafter described in
Exhibit A. In t h e event of a co nflict between this agreement and any attached
exhibits, t h e provision s of this agreement s hall gove rn and prevail.
2. Compen sation. The total amount for professional services rendered unde r
t his s h a ll not excee d Eight Thou sand Six Hundred N inety-Two D o llars ($8,692 .00)
for the first co ntract te rm, a nd s h a ll n ot exceed Thirtee n Thousand Eight Hundred
Eighty-Five Dollars a nd Twe n ty Cents ($13,885.20) for t h e renewal terms . No
ch a n ge in comp ensation s h a ll be made unless t h ere is a s ubstantial a nd s i gnifican t
difference between t h e work originally co ntemp lated b y this agreement a nd t h e work
actu a lly required.
3 . T e rm. This co n t r act shall comm e n ce on t h e 1st day of January, 20 19, and
continue until the 3 1st day of December, 20 19. This agreeme n t s h a ll automatically
renew for four ( 4) addition a l one (1) year renewal p e riods unless the City provides
Co n tractor a written notice of non-renewal at l east t hirty (30) days prior to the first
day of a renewal period.
4. A ddit i onal Services. The City may a dd to Co ntractor servi ces or delete
t h e r efr om activiti es of a simila r n atu re to t h ose set forth in Exhibit A, provided t h at
t h e total cost of such work does n ot exceed t h e total cost allowance as specified in
paragraph 2 h ereof. The Contractor s h a ll unde r tak e s u ch chan ged activities only
p-...
upon the directi on of the City. All s u ch directives a nd ch anges s hall b e i n written
form and approved by the Chief of Police a nd s h a ll be accepted a nd co untersigned by
the Contractor or its agreed representatives.
5. Existing Data. All information, data and reports as are existin g, availabl e
a nd n ecessary for t h e carr y ing out of t h e work, shall b e furnis h e d to t h e Contr actor
without charge by the City, and t h e City s h a ll cooperate with the Contractor in every
reasonable way in carrying out t h e sco pe of servi ces. The Co ntractor shall not be
liable for the acc uracy of the information furnished by the City.
6. Personnel to be Provided. The Contractor r e presents that Contractor h as or
will secure at its expense a ll personnel r equired to perform the servi ces called for
under t his contract by t h e Contr actor. Such p e r sonn el s hall not be e mployee s of or
h a v e any contractual relationship with the City except as employees of the
Co ntractor . All of the ser vices required h ereunder w ill be pe rformed by t h e
Contractor or under the Co ntractor's direct s up ervi sio n and all personnel e ngaged in
the work sh a ll be fully qualified a nd s hall be a u thori zed u nder state a nd local law to
perform s u ch se r vices. None of the wo rk or servi ces cov e r e d by t his contract s h a ll be
s ubcontracted except as provided in Exhibit A without the written approval of the
C ity.
7. Failure to P erform , Cancellation. If, through a n y cause, the Contractor s hall
fa il to fulfill in timely and proper manner its ob ligations under this co ntract, or if the
Contractor sh a ll violate a n y of the cove n ants, agr eements, or stip ulations of t his
co ntract , the City shall thereupon h ave t h e right to terminate t his contract by giving
written notice to t h e Contractor of such termination and specify ing t h e effective date
thereof, at l east five (5) d ays before the effectiv e day of s u ch termination. The
Contractor may without cau se terminate this co n tract upon 30 days prior written
notice . In either such event all finis hed or unfi nis h ed documents, data, studies,
s urveys, drawings, m aps, m odel s, p hotograp h s, a nd reports or other materials
prepared b y t he Contractor under t his contr act s hall, at ~he option of the Ci ty,
b eco m e its property, a nd the co mp e n sati on for a n y satisfactory work completed on
s uch documents a nd other m ateri a ls shall be determined. Notwithstanding t h e
above, the Contr actor s hall n ot b e relieve d of liability to the Ci ty for damages
s u staine d by the City b y virtue of any s u ch breach of contract by t h e Contractor.
8. Assignme nt. The Co ntractor s hall not assi gn any inter est in t his co ntract,
and sh a ll n ot transfer any interest in the same (w h eth er by ass i gnment or n ovati on),
wit h ou t prior written co n se nt of t h e City thereto. An y such assignme nt is expressl y
s ubject to a ll rights a nd remedies of t he City under this agreem ent, including the
right to change or delete activities from t h e contract or to terminate the sam e as
provided h er ein, a nd no such assignment sh a ll require the City to give a n y n oti ce to
any s u ch assign ee of any actions w hich the Ci ty may tak e unde r thi s agreement,
2
though City will attempt to so notify any s u ch assignee.
9 . Confidentiality. Any reports, d ata or similar information given to or
prepare d or asse mbled b y the Co ntractor unde r this contract which the City requests
to b e kept as co nfide n t i a l s h a ll not b e made available to a ny individua l or
organization by the Contractor without prior written approval of the City.
10. Nondiscrimination. The Contractor agrees in the performance of the contract
not to discriminate on the grounds or beca u se of r ace , c r eed , co lor, nationa l origin or
a n cestr y , sex, religion, h a ndicap , age or p olitical affiliation, against any e mployee of
co n s ultant or applicant for e mployment a nd shall include a s imilar provis ion in a ll
s ubcontracts let or awarded hereunder.
11. Inde p e ndent Contractor . The Contractor i s an independent contractor and
nothing h e r ein s h a ll constitu te or designate the Contractor or a n y of its e mployees as
age nts or employ ees of the City.
12. Be n efits not Available. The Con tractor s hall n ot b e entitle d to a n y of the
b e n efit s establis h e d for t h e e mployees of t h e City and s h a ll n ot b e covered b y the
Workmen's Compensation Program of the City .
13 . Liabilitv . The p a rties mut ually agr ee to the following:
a. In no event shall t h e City be lia ble to t h e Co ntractor for s p ecial,
indirect, or co n seque ntial damages, except t hose directly or
a pprox imately cau se d by the City arising out of or in a ny way connected
with thi s co n t ract.
b. The Contractor s h a ll indemnify and hold the City h a rmless from a nd
against all cl a ims, lo sses and liabilities aris ing o ut of p e rsonal injuries,
including death, a nd d a mages to property to the extent cause d b y any
n eglige nt act or omission on the p a rt of t h e Contractor r elated to the
ser vices p e rforme d under this co ntract.
14. Insura nce . Contractor s h a ll provide, at its sol e expense, and maintain during
t h e t erm of t his agr ee m e n t commercial general liability ins ura nce with a r epu table ,
qualified, a nd financia lly so und company lice n se d to do bus iness in the State of
Missouri, a nd unless otherwise a pproved b y the City, with a r ating by Best of n ot l ess
than "A," t h at shall protect the Co ntractor, t h e City, and the City's official s, office r s ,
and e mployees from cl aim s which may arise from operations under this agTeement,
whether s u ch op e rations a r e b y the Contractor, its officers, director s , employees a nd
agents, or any s ubcontractors of Contractor. This liability ins urance shall include,
but shall n ot be limited to, protection agains t cl a ims arising from bodily and p e r so nal
3
injury a nd damage to prop erty, resulting fr om a ll Contractor operations, products,
services or u se of a utomobiles, or co n structi on equipment at a limit of $500,000 Each
Occurrence , $3,000,000 Annual Aggregate; provi de d that no t hing h e r e in s h a ll be
deemed a waiver of the City's sove r ei gn immunity . An endorsement s h a ll be
provided which states t h at the City is n a m ed as a n a ddit i onal insur e d and stating
t h at the policy shall not be can ce lle d or materially modified so as to be ou t of
co mplia n ce with the r e quire me n ts of t his sec tion, or n ot r en ewe d withou t 30 days
a dva n ce written notice of s uch eve nt being given t o the Ci ty.
15. Documents . Re producible cop ies of do c ume nts prepared or obtaine d under
t he terms of this contract shall be d elive r ed upon r e quest to and become the prop erty
of t h e City upon t e rmination or co mpletion of work. Copie s of b asic survey notes
a nd s k e tches, ch a r ts, computations a nd oth er data prepar ed or obtained unde r t his
contract sh a ll be made availa ble, up on r e quest, to t h e City without restrictions or
limitation s on t h e ir u se. V\'h en s u ch cop ies a r e r e quested, t h e Ci ty agr ees to pay t h e
Contractor its costs of copying and delivering s ame .
16. No n so licitat ion. The Co ntractor warrants that they had n ot employed or
retained any company or pe r son, othe r than a b on a fid e employee working sol ely for
the Contractor, to so licit or secure this co ntract, and that they h ave n ot paid or
agr ee d to p ay a ny company or p er so n , other tha n a bona fid e employee working so le ly
for t h e Co ntractor , any fee, commiss i on, p er ce ntage, broke r age fee, gifts, or a n y other
co n s ide r ation, co ntingent upon or r esulting from the awar d or making of this
co ntract. For bre ach or violation of this wa rra n ty, the Ci ty s h all h ave the right to
annul this contract without liab ility, or, in its discr e tion, to d educt fl·om the contract
price or co n s ideration, or otherwise r ecove r the full amount of s u ch fee, co mmissi on ,
perce n tage , b roke r age fee , gifts, or contingent fee .
17. Boo k s and Reco rds . The Co n t r actor a nd a ll s u bcontr actor s s h a ll m aintain a ll
books, docume nts, papers, acco unt ing records a nd oth er evide n ce p ertaining to costs
incurred in co nnection with this contr act, a nd s h a ll make s u ch m a t eri als available at
their r espective offices at a ll r eason a b l e times during the co ntract a nd for a period of
three (3) years followin g co mpletion of t h e co ntract.
18 . Del ays. That the Contractor s h a ll n ot b e liable for de lays r esu lting from
causes beyond t h e r easonable co ntrol of the Co n t r actor; that the Contractor h as
made no warranties, expressed or implied, which a r e not expressly set forth in t his
contract; and that under n o circumstan ces will the Contractor be liabl e for indirect or
co n seque ntial d amages.
19. Illegal Immigration.
Prior to com m en cement of t h e work:
a . Co ntractor sh a ll, by swo rn affidavit a nd provis ion of do cum en tation ,
4
affirm its enrollment and participation in a federal work authorization
program with respect to the employees working in connection with the
contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly
employ any person who is an unauthorized alien in connection with the
contracted services.
c. If Contractor is a sole proprietorship, partnership, or limited
partnership, Contractor shall provide proof of citizenship or lawful
presence of the owner.
20 . Notices. All notices required or permitted hereinunder and required to be in
writing may be given by first class mail addressed to the Jefferson City Police
Department, 401 Monroe Street, Jefferson City, Missouri, 65101, and Axon
Enterprise , Inc., at 17800 N. 85th Street, Scottsdale , ATizona, 85255. The date and
delivery of any notice shall be the date falling on the second full day after the day of
its mailing.
CITY OF JEFFERSON, MISSOURI AXON ENTERPRISE, INC.
Carrie Tergin, Mayor Title:
Date: ___ _ Date: ___ _
ATTEST: ATTEST:
Emily Donaldson, City Clerk Title:
APPROVED AS TO FORM:
5
SHIP TO
David W illiams
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale. Arizona 85255
United States
Phone: (800) 978-2737
Jefferson C ity Police Dept. -MO
401 MONROE STREET
Jefferson City, MO 65101
us
Initial Payment
BILL TO
Jefferson C ity Police Dept. -MO
401 MONROE STREET
Jefferson City, MO 65101
us
Item Description Quantity List Unit
Axon Plans & Packages
85181
85059
85059
Hardware
11501
11010
220 13
1 1003
44203
11003
85058
11010
11504
TASER 60 YEAR 1 PAYME NT: X26 P BASIC 20
TASER ASSUR A NCE PLAN CEWANNUAL
20 PAYMENT, X26P
TASER ASSUR ANCE PLAN CEW AN NUAL 20 PAYMENT. X26 P
R IGHT-HAND HOLSTER, X26P, BLACKHAWK 16
XPPM, SPARE CA RTRID GE BATTERY PACK, X26P 20
KIT, DATAPORT DOWNLOAD, USB , X2/X26P 1
YELLOW X26P CEW, HANDLE 20
CARTRIDGE-25' HYBRID 40
YELLOW X26P CEW, HANDLE 20
TASER ASSURANCE PLAN CEW, X26P 20
XPPM, SPARE CARTR ID GE BATTERY PACK , X26P 20
LEFT-H AND HOLSTER, X26P , BLACKHAWK 4
Q-161321-43375.730JM
1
Price
280.00
210.00
210.00
0.00
0.00
188.00
0.00
0.00
1,022.00
0.00
73 .00
0.00
EXHIBIT A
Q-161321-43375.730JM
Issued: 10/0212018
.. Quote E xpi ration: 10131/2018
Account Number: 113248
Start Date: 1010112018
PaymentTerms:Net30
Delivery Method: Fed ex -Ground
SALES REPRESENTATIVE
Colin Fine
Phon e: 480-463-2167
Email: cfine@ taser.com
Fax: 888-843-4309
PRIMARY CONTACT
David Williams
Phone: (573) 634-6343
Email: dwilliams@jeffersoncitymo.gov
Net Unit Price Total (USD)
220.44 4,408.80
102.38 2 ,047.60
102.38 2 ,047.60
0.00 0.00
0.00 0.00
188.00 188.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Sub tot al 8,692.00
Estimated Sh ipping 0.00
Esti mated Tax 0.00
Total 8,692.00
Protect Life.
Ye ar 2 Payment -2019
Item Descriptio n Qu antity
Axon Plans & Packages
85182 TASER 60 YEAR 2 PAYMENT : X26P BASIC 20
85059
TASER ASSURANCE PLAN CEWANNUAL 20 PAYMEN T , X26P
85059 TASER ASSURANCE PLAN CEWANNU AL 20 PAYMENT, X26P
Year 3 Payment-202 0
Item Descr ip ti o n Quantity
Axon Pla n s & Pa ckages
85183 TASER 60 YEAR 3 PAYMENT: X26P BASIC 20
85059 TASER ASSURANCE PLA N CEWANNUAL 20 PAYMENT, X26P
85059 TASER ASSURANCE PLAN CEWANNUAL 20 PAYMENT, X26P
Year 4 Pay ment -20 21
Ite m Descr i p t io n Qu antity
Axon Plan s & Packag es
85184 TASER 60 YEAR 4 PAYMENT : X26P BAS IC 20
85059 TASER ASSURANCE PLAN CEW AN NU AL 20 PAYMENT, X26P
85059 TASER ASSURANCE PLAN CEWANNUAL 20 P AYM ENT, X26P
Year 5 Payme nt -2022
Item Descri pti o n Q u antity
Axon Pla n s & Packages
85185 TASER 60 YEAR 5 PAYMENT: X26P BASIC 20
Q-161321-43375.730JM
2
List Un it Net U n it Price Total (USD)
Price
280.00 220.45 4,409 .00
210.00 263.81 5,276.20
210.00 210.00 4,200 .00
Sub total 13,885.20
Es timated Tax 0.00
Total 13,885.20
List Unit Ne t U nit Pr ice Total (USD) Price
280.00 220.45 4 ,409.00
210.00 263 .81 5.276.20
210.00 2 10.00 4 ,200.00
Subtotal 13.885.20
Estimated Tax 0.00
Total 13.885 .20
Lis t Un it Net Unit Price Tota l (USD)
Price
280.00 220.45 4,409 .00
210.00 263.81 5 ,276.20
210.00 210 .00 4,200.00
Subto tal 13,885.20
Es timated Tax 0.00
Total 13,885.20
List Un i t Net Unit Pr ice Total (USD) Pr ice
280.00 220.45 1 4.409 .00
Protect Life.
Year 5 Payment-2022 (Continued)
Ite m Des cri ption Qu antity
Axon Plans & Pac kag es (Continued)
85059
850 5 9
Free Spare
Item
Hard ware
11003
110 10
TASER ASS U RANCE PLA N CEWANNUAL 20 PAYMENT , X26P
TASER ASSURANCE PLAN CEWANNUAL 20 PAYME NT, X26P
Descri pt ion Quantity
YELLOW X26P CEW, HANDLE
XPPM, SPARE CAR TR IDG E BATIERY PACK , X26P
Q-161321-43375.730JM
3
List Unit Net Unit Price Total (USD) Price
210.00 263 .81 5.276 .20
210.00 210.00 4,200.00
Su btota l 13,885.20
Estima ted Tax 0.00
Tota l 13,885.20
Lis t Unit Net Unit Pri ce Total (USD) Pri ce
1,022.00 0.00 0.00
73.00 0.00 0.00
Subtotal 0.00
Esti mated T ax 0.00
Total 0.00
Grand Total j 64,232 .80
Protect Life.
Discounts (uso)
Quote Exp iration: 10/31 /2018
List Amount 93,183.00
Discounts 28,950.20
Total 64,232.80
*Total excludes applicable taxes and shipping
Summary of Payments
Payment
In itial Payment
Year 2 Payment-2019
Year 3 Payment -2020
Year 4 Payment-2021
Year 5 Payment-2022
Free Spare
Grand Total
Q-161321-43375.730JM
4
Amount (USD)
8,692.00
13,885 .20
13,885.20
13 ,885.20
13,885.20
0.00
64,232 .80
Protect Life.
TASER60 Terms and Conditions: This quote conta ins 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 T erms and Conditions posted
at. https:l/www.axon .com/legal/sales-terms-and-conditions. and the terms and conditions of Axon's Master Services and Purchasing Agreement do
not app ly to this order. You represent that you are lawfully able to enter into contracts and if you are en tering into this agreement for an entity, such
as I he company , mumcipality, or government agency you work for. you represent to Axon that you have legal authority to bind tha t entity. If you do
not have this authority, do not sign this Quote.
Axon 's Sales Terms and Conditions
Th1s Quote is limited to and conditional upon your acceptance of the prov1s1ons set forth herein and Axon 's Master Services and Purchasing
Agreement (posted at www.axon .comllegal/sales-terms-and-condillons). as well as the attached Statement of Work (SOW) for Axon F leet and/or
Axon Interview Room purchase. if applicable. Any purchase order iss ued in response to th is Quote is subject solely to the above referenced terms
and cond1hons . By s1gn1ng 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. muni cipality, 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 th is authority , please do not sign this Quote .
Signature:
Name (Print):
PO # (Or w rite
N/A):
Date :
T itle :
Please sign and email to Colin Fine at cfi ne@taser.com or fax to 888-843-4309
Thank you for be ing a valued Axon customer. For your convenience on your next order, please check out our online store buy.axo n.com
Quote: Q-161321-43375.730JM
'Protect Life'@ and TASER@ are registered trademarks of Axon Enterprise. Inc, registered in the U.S . @ 2013
Axon Enterpri se. Inc All righ ts reserved .
Q-161321-43375.730JM
5 Protect Life.