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Home My WebLink AboutDocumentation_Regular Council_Tab 03_07/11/2019Agenda Item #3. Regular Council STAFF MEMO Meeting: Regular Council - 11 Jul 2019 Staff Contact: Gus Medina, Police Chief Department: Police RESOLUTION NO. 23-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING REVENUES AND EXPENDITURES IN THE GENERAL FUND #001 FISCAL YEAR 2018/2019 BUDGET IN THE AMOUNT OF $31,100.00 TO RECORD A CAPITAL PURCHASE OF TWENTY (20) TASERS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Increasing revenues and expenditures in the General Fund #001 Fiscal Year 2018/2019 Budget in the amount of $31,100.00 to record the capital purchase of twenty (20) tasers. 20190711 -Tasers (20)-Resolution.pd 20190711 -Tasers (20) -Quote 20190711 -Tasers (20) -Contract Page 20 of 537 Agenda Item #3. RESOLUTION NO. 23-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING REVENUES AND EXPENDITURES IN THE GENERAL FUND #001 FISCAL YEAR 2018/2019 BUDGET IN THE AMOUNT OF $319100.00 TO RECORD A CAPITAL PURCHASE OF TWENTY (20) TASERS; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, the Village received a quote in the amount of $3 1, 100.00 for the purchase of twenty (20) tasers; and, WHEREAS, the Village entered into an agreement for the purchase of these tasers with a five (5) year payment plan; and, WHEREAS, the transaction to record the increase in the General Fund #00 1 would be as follows: Dr. 00 1 - 175 -664.600 Machinery and Equipment $31,100.00 Cr. 001-910-383.100 Capital Lease at Inception $31,100.00 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section I Resolution No. 23-19 is hereby approved increasing revenues and expenditures in the General Fund #001 Fiscal Year 2018/2019 Budget in the amount of $31,100.00 to record a capital purchase of twenty (20) tasers. Section 2 —This Resolution shall become effective immediately upon passage. Page 21 of 537 Agenda Item #3. Axon Enterprise, Inc. 7800 N 85th St. AW Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 SHIP TO Keith Smolen TEQUESTA POLICE DEPT. - FL 357 TEQUESTA DR. Tequesta, FL 33469 us Year I Hardware / T60 / Due Net 30 BILL TO TEQUESTA POLICE DEPT. - FL 357 TEQUESTA DR. Tequesta, FIL 33469 us Q-1 62928-43364.757JT * Quote Expiration: 0913012018 Start Date: 09/30/2018 Payment Terms: Net 30 Delivery Method: Fedex - Ground SALES REPRESENTATIVE Joshua Taylor Phone: (480) 463-2155 Email: jotaylor@taser.com Fax: (480) 999-6152 PRIMARY CONTACT Keith Smolen Phone: 1-561-575-6210 Email: ksmolen@tequesta.org 'f%37 0 List Unit Item Description Quantity Net Unit Price Total (USD) Price Axon Plans & Packages 85176 TASER 60 YEAR 1 PAYMENT: X2 BASIC 20 331.00 231.001 4,620.00 Hardware 22002 BLACK X2 CEW, HANDLE 20 0.00 0.00 0.00 22501 RIGHT-HAND HOLSTER, X2, BLACKHAWK 18 0.00 0.00 0.00 22504 LEFT-HAND HOLSTER, X2, BLACKHAWK 2 0.00 0.00 0.00 APPM, AUTOMATIC SHUT -DOWN BATTERY PACK, 22011 20 0.00 0.00 0.00 X2/X26P 22151 25 FT SMART CARTRIDGE, X2 40 0.00 0.00 0.00 22013 KIT, DATAPORT DOWNLOAD, USB, X2/X26P 1 188.00 0.00 0.00 Subtotal 4,620.00 Estimated Shipping 0.00 Estimated Tax 0.00 Total 4,620.00 Year 2 Due 2019 List Unit Item Description Quantity Net Unit Price Total (USD) Price Axon Plans & Packages 85177 TASER 60 YEAR 2 PAYMENT: X2 BASIC 20 331.00 331.00 6,620.00 Subtotal 6,620.00 Estimated Tax 0.00 Total 6,620.00 'f%37 0 Agenda Item #3. Year 3 Due 2020 Item Description Axon Plans & Packages 85178 TASER 60 YEAR 3 PAYMENT: X2 BASIC Year 4 Due 2021 Item Description Axon Plans & Packages 85179 TASER 60 YEAR 4 PAYMENT: X2 BASIC Year 5 Due 2022 Item Description Axon Plans & Packages 85180 TASER 60 YEAR 5 PAYMENT: X2 BASIC Quantity List Unit Net Unit Price Total (USD) Price 20 331.00 331 �00 6,620.00 Subtotal 6,620.00 Estimated Tax 0.00 Total 6,620.00 Quantity List Unit Net Unit Price Total (USD) Price 20 331.00 331.00 6,620.00 Subtotal 6,620.00 Estimated Tax 0.00 Total 6,620.00 List Unit Quantity Net Unit Price Total (USD) Price 20 331.00 331.00 6,620.00 Subtotal 6,620.00 Estimated Tax 0.00 Total 6,620.00 Grand Total 1 31,100.00 'f%37 0 Agenda Item #3. AXON Discounts (USD) Quote Expiration: 09/3012018 List Amount 33,288.00 Discounts 2,188.00 Total 31,1 *Tofal excludes applicable taxes and shipping Summary of Payments Payment Amount (USD) Year 1 Hardware / T60 / Due Net 30 4,620.00 Year 2 Due 2019 6,620.00 Year 3 Due 2020 6,620.00 Year 4 Due 2021 6,620.00 Year 5 Due 2022 6,620.00 Grand Total 31,100.00 A37 0 Agenda Item #3. TASER60 Terms and Conditions: This quote contains 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 Terms and Conditions posted at: https://www.axon.com/legal/sales-terms-and-conditions, and the terms and conditions of Axon's Master Services and Purchasing Agreement do not apply to this order. 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 Axon that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Axon's 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/le.gal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. 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. Signature: Name (Print): PO# (Or write N/A): Date: Title: Please sign and email to Joshua Taylor at jotaylor@taser.com or fax to (480) 999-6152 Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buV.axon.com Quote: Q-162928-43364.757JT 'Protect Life'@ and TASER@ are registered trademarks of Axon Enterprise, Inc, registered in the U.S. @ 2013 Axon Enterprise, Inc. All rights reserved. Aact L 25-oft37 Agenda Item #3. AXON Certificate of Destruction IMPORTANT Customer certifies that all Products will be removed from service to be destroyed and/or rendered permanently nonfunctional. Products must not be resold or redistributed. Destruction of Products should be performed according to Customer's policy. Axon is not responsible for Product warranty or any liability related to Products certified as destroyed, and reserves the right to require verification that destruction has been performed. The undersigned represents and warrants that he/she is duly authorized and has legal capacity to execute and deliver this Certificate of Destruction on behalf of the Agency. TEQUESTA POLICE DEPT. - FL Product(s) to be Destroyed Quantity Signature Date Name (Print) Title Return this signed form, and your purchase order/quote (if applicable) to your sales representative and our returned materials authorization department at rma@axon.com. Axon, TASER, M26, X26, Axon Body, Axon Body 2, Axon Dock, Axon Flex, Axon Flex 2, Axon Fleet, and the "Delta Axon Logo" are trademarks of Axon Enterprise, Inc., registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. @ 2018 Axon Enterprise, Inc. 'M37 0 DocuSign Envelope ID: 1 1A007E1-01 B4-4F72-8E7F-71296C6BC912 Agenda Item #3. AXONAxon Enterprise, Inc.'s TASER 60 Tenns and Conditions These TASER 60Temns and Conditions (Agreement) apply to your purchase from Axon Enterprise, Inc. (Axon) under the TASER60 Plan. TASER 60 provides CEW hardware extended warranty coverage, CEW Products, and CEW accessories. TASER 60 only applies to the TASER CEW Product and accessories listed in the Quote. 1. TASER 60 Term. TASER 60 Term start date is based upon the shipment date of the hardware covered underTASER 60 (Start Date). The TASER 60 Term will end 5 years after the Start Date (rerm). 2. PaymentTerms. Axon invoices for the TASER 60 plan on an annual basis. Agency will be invoiced upon the Start Date and then upon the anniversary of the Start Date for the remainder of the Term. Invoices are due to be paid within 30 days of the date of invoice. Invoices are due to be paid within 30 days of the date of invoice. Payment obligations are non-Gancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. 3. Taxes. Unless the Agency provides a valid and correct tax exemption certificate applicable to the purchase and ship -to location, the Agency is responsible for sales and other taxes associated with the order. 4. Shipping; Title: Risk of Loss: Reaection. Axon reserves the right to make partial shipments and products may ship from multiple locations. All shipments are EXW. via common carrier and title and risk of loss pass to the Agency upon deliveryto the common carrier byAxon. The Agency is responsible forall freightcharges. Any loss or damage that occurs during shipment is the Agency's responsibility. Shipping dates a re estil mates o n ly. 5. Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 6. Hardware Limited Warranty Axon warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warrantythrDugh the balance of the 1 -year limited warranty term plus the term of the extended warranty measured afterthe expiration of the 1 -year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. Axon -Manufactured Accessories are covered undera limited 90-DAYwarranty from the date of receipt. Non- Axon manufactured accessories are covered underthe manufacturer's warranty. If Axon determines thata valid warranty claim is received within the warranty period, Axon agrees to repair or replace the Product Axon's sole responsibility underthis warranty is to either repair or replace with the same or like Product, at Axon's option. 7. Warraft Limitations. The warranties do notapplyand Axon will not be responsible for any loss, damage, orother liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non -Axon products orfrom the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by Axon; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product orforce majeure; (d) damage to a Product or part that has been repaired or modified by persons otherthan Axon authorized personnel orwithout the written permission of Axon; or (e) if any Axon serial number has been removed ordefaced. To the extent permitted by law, the warranties and remedies setforth above are exclusive and Axon disclaims all other warranties, remedies, and conditions, whetheroral orwritten, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement Axon's cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or If for services, the amount paid for such services over the prior 12 months preceding the dalm. In no event will either Party be liable for any direct special, indirect incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract negligence, strict liability, tort o r under any other legal theory. 8. Warraft Returns. If a valid warranty claim is received by Axon within the warranty period, Axon agrees to repair or replace the Product which Axon determines in its sole discretion to be defective under normal use, as defined in the Product instructions. Axon's sole responsibility under this warra nty is to either repair or replace with the same or like Product, at Axon's option. For warranty return and repair procedures, including troubleshooting guides, please go to Axon's website www.axon.com/suol)ort. Title: Axon Enterprise, Inc.'s TASER 60Terans and Conditions (Online) Department: Sales[Custonne, Sewice Ve-ion; 2.0 Release Date: 211812018 Page 1 of 4 Page 27 of 537 DocuSign Envelope ID: lIA007El-OlB4-4F72-8E7F-71296C6BC912 Agenda Item #3. �b4,� AXON Axon Enterprise, Inc.'s TASER 60 Tenns and Conditions A replacement prod uctwill be new or like new and have the remainingwarranty period of the origina I product or 90 days from the date of replacement or repair, whichever period is longer. Any replacement item becomes Purchaser's property and the replaced item becomes Axon'sproperty. 9. TASER6OWarraft Coverage. TASER 60 includes extended warranty coverage for TASER CEW hardware specifically identified in the Quote and as described in the Hardware Limited Warranty. TASER 60 warranty coverage starts at the beginning of the Tenn and continues as long as the Agency continues to pay the required a nnua I fees forTASER60during the Term. The Agency may not have both an optional extended warranty and TASER 60 on the TASER CEW product. 10. Spam Produ For orders of more than 30 units, Axon will provide a predetermined number of Spare Product forthe TASER CEW hardware listed in the Quote (Spare Products) to keep at the Agency location to replace broken or non-functioning units in orderto improve the availabilityof the units to officers in the field. The Agency must return to Axon, through Axon's RMA process, any broken or non-functioning units forwhich a Spare Product is utilized, and Axon will repairor replace the non-functioning unitwith a replacement product. Axon warrants it will repair or replace the unitwhich fails to function for any reason not excluded bythe warranty coverage, during the Term with the same product or a like product, at Axon's sole option. Within 30 days of the end of the Term, the Agency must return to Axon all Spare Products. The Agencywill be invoiced forand are obligated to payto Axon the MSIRP then in effectfor all Spare Products not returned to Axon. 11. ProductWarning. See our website at www.axon.com for the most current product warnings. 12. Design Changes. Axon reserves the right to make changes in the design of any of Axon's products and services without incurring any obligation to notify the Agency orto make the same change to products and services previously purchased. Axon may replace end of life products with the next generation of that product without notifying the Agency. 13. TASER 60 Termination. If an invoice forTASER 60 is more than 30 days past due, then Axon may terminate TASER 60. Axon will provide notification that TASER 60 coverage is terminated. Once TASER 60 coverage is terminated for any reason, then: 13.1 TASER 60 coverage will terminate as of the date of termination and no refunds will be given. 13.2 The Agency will be invoiced and obligated to pay forthe remainder of the MSRP for TASER 60 Products received before the termination date. In the case of termination for non -appropriations, Axon will not invoice the Agency if the Agency returns the CEW, battery, holster, and unused cartridges to Axon within 30 days of the date of termination. 13.3 The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 60 plan. 14. Excusable Delays. Axon will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond Axon's reasonable control Axon has the right to delay or terminate the delivery with reasonable notice. 15. Proprieta1y Information. The Agency agrees that Axon has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute Axon products and services, and that the Agency will not directly or indirectly cause any proprietary rights to be violated. 16. Importand EWrtCompliance. In connection with thisAgreement, each Partywill complywith all applicable import, re- import, export, and re-export control laws and regulations. 17. Assignment. The Agency may not may assign or otherwise transferthis Agreement without the priorwritten approval of Axon. 18. Severabil This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. 19. Governing Law, Venue. The laws of the state where the Agency is physically located, without reference to conflict of law rules, govern this Agreement and anydispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to thisAgreement 20. Entire Agmment This Agreement and the quote provided by Axon, represents the entire agreement between the Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties, whether Title: Axon Enterprise, Inc.'s TASER6O Tema and Conditions iOnline) Dwatment SalesfCnstomer Samice V..I.n: 2.0 Release Date: 211812018 Page 2 of 4 Page 28 of 537 DocuSign Envelope ID: llAO07El-OlB4-4F72-8E7F-71296C6BC912 Agenda Item #3 - AXONAxon Enterprise, Inc.'s TASER 60 Terms and Condtdons written or verbal, regarding the subject matter of this Agreement. No mod ificati on or amendment of any portion of this Agreement will be effective unless in writing and signed by the Parties to this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of September 2 1, 2018 (the Effective Date). Each Party warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of signature, duly authorized to execute this Agreement. DocuStgfied by: Axon Enterprise, I Signature: f�5.5- 31144414 Name: Robert Driscoll Title: VP, Associate General Counsel Date: 6/21/19 Tit a: Axon EnterpFige, Inc.'s TASER 0 Teents and Conditions (Online) IE 6 Deparonent, Sal—Mustonter S—Ice V 1..: 2 R: .asa Date: 211BUG18 Agency Signature: Name: Title: Date: Page 3 of 4 Page 29 of 537 DocuSign Envelope ID: llAO07El-OlB4-4F72-8E7F-71296C6BC912 Agenda Item #3. AXONAxon Enterprise, Inc.'s TASER 60 Terms and Conditions TASER Assurance Plan (Purchased with TASER 60 OnW Appendix If The TASERAssurance Plan or "TAP" has been purchased in addition to the TASER 60 plan, this Appendix will apply to the Agency's purchase. TAP provides Upgrade Models at the end of the TAP Term. TAP only applies to the Axon Product listed in the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website. The Agency may not buy more than one TAP for anyone covered Product. TAP Term. The TAP Tenn start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the following month. If the shipment of the hardware occurred in the second ha If of the month, then the Term starts on the 15th of the following month. TAP for CEWs is a 5 year term. TAP Upgjmde Models' Any Products replaced within 6 months prior to the scheduled upgrade will be deemed the upgrade. Within 30 days of receiving an upgrade, the Agency must return the original Products to Axon or destroy the Products locally and provide a certificate of destruction to Axon that includes the serial numbers forthe destroyed Products. If the Agency does not return the Products to Axon or destroy the Products, Axon will deactivate the serial numbers for the Products received by the Agency. If the Agency makes all TAP CIEW payments, 5 years after the start of the TAP Term, Axon will provide the Agency with a new CEW that is the same Product or a like Product, in the same weapon class (CEW Upgrade Model), as well as a battery. The Agency may elect to receive the CIEW Upgrade Model anytime in the 5th year of the TAP term as long as the final payment has been made. TAP Tenmination. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments for the Evidence.com Services, then Axon may terminate TAP and all outstanding Product related TAPs. Axon will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 3.1. TAP coverage will tenininate as of the date of termination and no refunds will be given. 3.2. Axon will not and has no obligation to provide the free upgrades. 3.3. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 3.4. If the Agency received a credit towards the first TAP payment as part of a trade-in promotion, then upon cancel latio n/term i nation the Agencywill be assessed a $100 cancellation fee for each covered product. 0, N AXON, Axon, TASER, and TASER CAM are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information visit www.axon.com/legal. All rights reserved. (D 2018 Axon Enterprise, Inc. Title: Axon Enterprise, Inc.'s TASER 6D Terans and Conditions (Onlinel D patent nt, SolesiCustorne, Samice V:.ion:' 2.0 Release Date: 211812018 Page 4 of 4 Page 30 of 537