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HomeMy WebLinkAbout2024-06-03 H03B General Fund Purchase Agreement_PD TasersAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 3, 2024 AGENDA ITEM:Consideration of approval of a resolution authorizing a Master Services and Purchasing Agreement and pledging the General Fund as security thereof FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$156,621.60 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Axon Agreement PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: H3B RESOLUTION 2024- RESOLUTION AUTHORIZING ACTION FOR A MASTER SERVICES AND PURCHASING AGREEMENT PAYABLE FROM THE GENERAL FUND IN THE PRINCIPAL AMOUNT OF $156,621.60 FOR PERSONAL PROPERTY FOR USE BY THE CITY WHEREAS, the City of Waukee, State of Iowa (the "City"), is in need of funds to pay costs of purchasing equipment for the police department, and it is deemed necessary and advisable that the Master Services and Purchasing Agreement in the principal amount of $156,621.60 be entered into for such purpose; and WHEREAS, pursuant to notice published as required by Sections 384.24A and 384.25 of the Code of Iowa, as amended (the "Code"), this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Master Services and Purchasing Agreement in the amount of $156,621.60 payable from the General Fund, and the Council is therefore now authorized to proceed with the authorization of the Agreement; and WHEREAS, Axon Enterprise, Inc. ("Axon") has agreed to sell to the City the Equipment, pursuant to the terms of the Master Services and Purchasing Agreement, between the City and Axon; and WHEREAS, the Master Services and Purchasing Agreement shall be payable from the General Fund of the City, and annual payments due on the proposed Master Services and Purchasing Agreement and all other general fund loan agreements in force on the date of authorization will not exceed ten (10) percent of the last certified General Fund budget amount; and WHEREAS, the Master Services and Purchasing Agreement shall begin on the date the City acquires the Equipment, and the Resolution approves, authorizes, and confirms the Master Services and Purchasing; and WHEREAS, it appears that such instruments are in appropriate form and are appropriate instruments for the purposes intended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: "Axon" shall mean Axon Enterprise, Inc., an Arizona Corporation. "Equipment" shall mean the equipment for the police department, as more particularly described in the Agreement. "Issuer" or "City" shall mean the City of Waukee, State of Iowa. "Master Services and Purchasing Agreement" or "Agreement" shall mean, the agreement for the purchase of police equipment, by and between the City and Axon. "Resolution" shall mean this resolution authorizing the Agreement, and general fund payments thereunder. Section 2. Authority and Purpose. The Agreement authorized by this Resolution shall be authorized pursuant to Sections 384.24A and 384.25 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Agreement is hereby authorized in the principal amount of $156,621.60 for the purpose of paying costs of equipping the police department. Section 3. Approval of Agreement. Axon shall provide the Equipment to the City pursuant to the Agreement, which provides for the payment by the City in the amounts and in installments as specified therein. The form and content of the Agreement, the provisions of which are incorporated herein by reference, hereby are in all respects authorized, approved, and confirmed; and from and after the execution and delivery of the Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed, and as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 4. Pledge of General Fund; Other Funds to be Used. (a) Pledge of Funds. That for the purpose of providing funds to pay the payments due under the Agreement herein authorized, there shall be paid from funds in the General Fund for each future year the following amounts: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $31,324.32 2024/2025 $31,324.32 2025/2026 $31,324.32 $31,324.32 2026/2027 2027/2028 $31,324.32 2028/2029 (b) Other Funds. Nothing herein restricts the ability of the City to transfer other available funds into the General Fund for purposes of satisfying the Agreement. (c) Additional City Funds Available. Payments coming due at any time when the funds in the General Fund shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 5. Loan Fund. Monies in the General Fund shall be converted into a special fund therein to be known as the "2024 EQUIPMENT LOAN FUND NO. 1" (the "Loan Fund"), which is hereby pledged for and shall be used only for the payments of the Agreement. Section 6. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Agreement, and after the authorization of the Agreement no change, variation, or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Agreement, shall have been satisfied and discharged as provided in the Agreement. Section 7. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 8. Repeal of Conflicting Resolutions. All resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 3rd day of June, 2024. Mayor ATTEST: City Clerk PagePage 1 Q-566766-45411.720KTQ-566766-45411.720KTQ-566766-45411.720KT Q-566766-45411.720KTQ-566766-45411.720KTQ-566766-45411.720KTQ-566766-45411.720KT Issued:04/29/2024 Quote Expiration:06/28/2024 Estimated Contract Start Date:12/01/2024 Account Number:469095 Payment Terms:N30 Delivery Method: SHIP TOTO BILL TOTO SALES REPRESENTATIVE PRIMARY CONTACT WaukeeWaukee PolicePolice Dept.Dept.-IAIA 1300 SESE LaLa Grant Pkwy Waukee,Waukee, IAIA 50263-875550263-8755 USAUSA WaukeeWaukee PolicePolice Dept.Dept.-IAIA 13001300 SESE LaLa GrantGrant PkwyPkwy Waukee IAIA 50263-8755 USAUSA Email: KennyKenny ThomasThomas Phone:(704)375-1936 Email:kethomas@axon.com Fax: ChadChad McCluskeyMcCluskey Phone:(515)987-1073 Email:emccluskey@waukee.orgemccluskey@waukee.org Fax: Quote Summary Discount Summary Program Length 6060 Months Average Savings Per Year $11,049.44 TOTAL COST $156,621.60$156,621.60 ESTIMATED TOTAL W/W/TAX $156,621.60$156,621.60 TOTAL SAVINGS $55,247.20 Axon Enterprise,Inc. 17800 N 85th St. Scottsdale,Arizona 85255 United States VAT:86-0741227 Domestic:(800)978-2737 International:+1.800.978.2737 Page 2 Q-566766-45411.720KT Payment Summary Date Subtotal Tax Total Nov 2024 $31,324.32 $0.00 $31,324.32 Nov 2025 $31,324.32 $0.00 $31,324.32 Nov 2026 $31,324.32 $0.00 $31,324.32 Nov 2027 $31,324.32 $0.00 $31,324.32 Nov 2028 $31,324.32 $0.00 $31,324.32 Total $156,621.60 $0.00 $156,621.60 Page 3 Q-566766-45411.720KT Quote Unbundled Price:$211,868.80 Quote List Price:$177,978.40 Quote Subtotal:$156,621.60 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program C00010 BUNDLE -TASER 10 CERTIFICATION 36 60 $96.93 $81.24 $72.51 $156,621.60 $0.00 $156,621.60 A la Carte Services 101208 AXON TASER 10 -2 DAY INSTRUCTOR COURSE -INSIDE SALES 1 $2,500.00 $0.00 $0.00 $0.00 $0.00 Total $156,621.60 $0.00 $156,621.60 Page 4 Q-566766-45411.720KT Delivery Schedule Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE -TASER 10 CERTIFICATION 100390 AXON TASER 10 -HANDLE -YELLOW CLASS 3R 36 2 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100390 AXON TASER 10 -HANDLE -YELLOW CLASS 3R 1 2 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100393 AXON TASER 10 -MAGAZINE -LIVE DUTY BLACK 36 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100393 AXON TASER 10 -MAGAZINE -LIVE DUTY BLACK 1 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100394 AXON TASER 10 -MAGAZINE -HALT TRAINING BLUE 4 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100395 AXON TASER 10 -MAGAZINE -LIVE TRAINING PURPLE 3 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100396 AXON TASER 10 -MAGAZINE -INERT RED 30 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 720 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100400 AXON TASER 10 -CARTRIDGE -HALT 220 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100401 AXON TASER 10 -CARTRIDGE -INERT 300 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100611 AXON TASER 10 -SAFARILAND HOLSTER -RH 33 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100613 AXON TASER 10 -SAFARILAND HOLSTER -LH 3 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100623 AXON TASER -TRAINING -ENHANCED HALT SUIT V2 1 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 20018 AXON TASER -BATTERY PACK -TACTICAL 36 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 20018 AXON TASER -BATTERY PACK -TACTICAL 1 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 20018 AXON TASER -BATTERY PACK -TACTICAL 7 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 70033 AXON -DOCK WALL MOUNT -BRACKET ASSY 1 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 71019 AXON BODY -DOCK POWERCORD -NORTH AMERICA 1 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 74200 AXON TASER -DOCK -SIX BAY PLUS CORE 1 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 80087 AXON TASER -TARGET -CONDUCTIVE PROFESSIONAL RUGGEDIZED 1 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 80090 AXON TASER -TARGET FRAME -PROFESSIONAL 27.5 IN X 75 IN 1 1 11/01/2024 BUNDLE -TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 110 1 11/01/2025 BUNDLE -TASER 10 CERTIFICATION 100400 AXON TASER 10 -CARTRIDGE -HALT 290 1 11/01/2025 BUNDLE -TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 110 1 11/01/2026 BUNDLE -TASER 10 CERTIFICATION 100400 AXON TASER 10 -CARTRIDGE -HALT 290 1 11/01/2026 BUNDLE -TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 110 1 11/01/2027 BUNDLE -TASER 10 CERTIFICATION 100400 AXON TASER 10 -CARTRIDGE -HALT 290 1 11/01/2027 BUNDLE -TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 110 1 11/01/2028 BUNDLE -TASER 10 CERTIFICATION 100400 AXON TASER 10 -CARTRIDGE -HALT 290 1 11/01/2028 Software Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE -TASER 10 CERTIFICATION 101180 AXON TASER -DATA SCIENCE PROGRAM 36 12/01/2024 11/30/2029 BUNDLE -TASER 10 CERTIFICATION 20248 AXON TASER -EVIDENCE.COM LICENSE 36 12/01/2024 11/30/2029 BUNDLE -TASER 10 CERTIFICATION 20248 AXON TASER -EVIDENCE.COM LICENSE 1 12/01/2024 11/30/2029 Services Bundle Item Description QTY BUNDLE -TASER 10 CERTIFICATION 100751 AXON TASER 10 -REPLACEMENT ACCESS PROGRAM -DUTY CARTRIDGE 36 Page 5 Q-566766-45411.720KT Services Bundle Item Description QTY BUNDLE -TASER 10 CERTIFICATION 101193 AXON TASER -ON DEMAND CERTIFICATION 1 A la Carte 101208 AXON TASER 10 -2 DAY INSTRUCTOR COURSE -INSIDE SALES 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE -TASER 10 CERTIFICATION 100704 AXON TASER 10 -EXT WARRANTY -HANDLE 36 11/01/2025 11/30/2029 BUNDLE -TASER 10 CERTIFICATION 100704 AXON TASER 10 -EXT WARRANTY -HANDLE 1 11/01/2025 11/30/2029 BUNDLE -TASER 10 CERTIFICATION 80374 AXON TASER 7 -EXT WARRANTY -BATTERY PACK 36 11/01/2025 11/30/2029 BUNDLE -TASER 10 CERTIFICATION 80374 AXON TASER 7 -EXT WARRANTY -BATTERY PACK 1 11/01/2025 11/30/2029 BUNDLE -TASER 10 CERTIFICATION 80374 AXON TASER 7 -EXT WARRANTY -BATTERY PACK 7 11/01/2025 11/30/2029 BUNDLE -TASER 10 CERTIFICATION 80396 AXON TASER 7 -EXT WARRANTY -DOCK SIX BAY 1 11/01/2025 11/30/2029 Page 6 Q-566766-45411.720KT Shipping Locations Location Number Street City State Zip Country 1 1300 SE La Grant Pkwy Waukee IA 50263-8755 USA 2 1300 SE La Grant Pkwy Waukee IA 50263-8755 USA Payment Details Nov 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 C00010 BUNDLE -TASER 10 CERTIFICATION 36 $31,324.32 $0.00 $31,324.32 Total $31,324.32 $0.00 $31,324.32 Dec 2024 Invoice Plan Item Description Qty Subtotal Tax Total Invoice Upon Fulfillment 101208 AXON TASER 10 -2 DAY INSTRUCTOR COURSE -INSIDE SALES 1 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 Nov 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 C00010 BUNDLE -TASER 10 CERTIFICATION 36 $31,324.32 $0.00 $31,324.32 Total $31,324.32 $0.00 $31,324.32 Nov 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 C00010 BUNDLE -TASER 10 CERTIFICATION 36 $31,324.32 $0.00 $31,324.32 Total $31,324.32 $0.00 $31,324.32 Nov 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 C00010 BUNDLE -TASER 10 CERTIFICATION 36 $31,324.32 $0.00 $31,324.32 Total $31,324.32 $0.00 $31,324.32 Nov 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 C00010 BUNDLE -TASER 10 CERTIFICATION 36 $31,324.32 $0.00 $31,324.32 Total $31,324.32 $0.00 $31,324.32 Page 7 Q-566766-45411.720KT 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. Standard Terms and Conditions Axon Enterprise Inc.Sales Terms and Conditions Axon Master Services and Purchasing Agreement: 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 https://www.axon.com/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. ACEIP: 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 8 Q-566766-45411.720KT \s1\\d1\ Signature Date Signed 4/29/2024