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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.