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HomeMy WebLinkAboutReg 2023-07-17 Item 5E - Contract Amendment #2 - Additional Fleet Cameras with Axon Enterprises for $292,798.68COUNCIL AGENDA SYNOPSIS Fy1�.Initials ITEMNO. ‘4 in> Meeting Date Prepared by Mayor's review Council review s.1.17/17/23 EL afly I90a ITEM INFORMATION STAFF SPONSOR: ERIC LUND ORIGINAL AGENDA DATE: 7/17/23 AGENDA ITEM TITLE Amendment to Contract 17-123 - Axon Enterprises, Inc. CATEGORY ❑ Discussion Mtg Date 0 Motion Mtg Date 7/17/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mk Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R 11 Police ❑ PW SPONSOR'S The Police Department is implementing a take-home vehicle program for commissioned SUMMARY personnel. The additional vehicles have already been ordered by Fleet Services. This amendment will allow the Police Department to purchase additional cameras to outfit the additional police vehicles. REVIEWED BY ❑ Trans&Infrastructure Svcs a ❑ LTAC ❑ DATE: 7/10/23 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPONSOR/ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $292,798.68 $ $ Fund Source: PD BUDGET Comments: MTG. DATE RECORD OF COUNCIL ACTION 7/17/23 MTG. DATE ATTACHMENTS 7/17/23 Informational Memorandum dated 7/3/23 (updated 7/10/23) Contract for services - Amendment #2 (updated 7/10/23) Quote #Q456358-44967.733RH (updated 7/10/23) Contract for Services #17-123 Minutes from the 7/10 CSS Committee meeting 101 102 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Eric Dreyer, Chief of Police BY: Eric Lund, Deputy Chief of Police CC: Mayor Ekberg DATE: d 3', 2023Ju1v 10th, 2023 SUBJECT: Contract Amendment #2 with Axon (17-123a) ISSUE The Police Department has been working with Fleet to acquire additional vehicles to start the department take home car program. The additional vehicles are due to be deployed in the next 4-5 months. In order to outfit the additional vehicles with dash cameras, the City will need to purchase 18 additional Fleet Cameras from Axon. BACKGROUND During the November 28, 2022 Tukwila City Council Committee of the Whole meeting, it was discussed that the take-home vehicle program for commissioned Police Officers will be implemented with funding achieved through budget savings in the Police Department. Currently, the contract with Axon includes 41 fleet cameras. This covers 33 patrol vehicles, 1 heavy duty truck, and one jail van (takes multiple cameras). In order to complete the take-home vehicle program, Fleet Services has ordered 12 additional patrol cars. Additionally, Fleet ordered four (4) Ford F-150 patrol trucks to replace the Traffic Unit motorcycles. We have determined that 18 additional cameras (plus 2 spares) will be needed to outfit all the incoming vehicles with cameras. The spare cameras allow Fleet to quickly replace malfunctioning cameras instead of shipping the units for warranty repairs, thus allowing the patrol cars to be placed back into service quickly. DISCUSSION Overall, Axon Fleet 3 cameras offer a range of advantages, including officer safety, evidence collection, accountability, transparency, training, and public perception. By harnessing the power of video and audio recordings, law enforcement agencies can enhance their operations, foster community trust, and promote safer interactions between officers and the public. FINANCIAL IMPACT The cost of the 18 cameras (plus 2 spares) is $60,540.87$58,559.72 for year 1 through year 4, and $60,5'10.82$58,559.80 for year 2 through year 5. The total amount for this purchase over the 5 years of the contract is $302,704.15$292,798.68. Due to budget savings due to staffing levels the Police Department will absorb the costs into it's 2023-2024 budget. Once the Police Department is fully staffed and the budget is further analyzed, it may return to the council with the request for a budget amendment. Currently, the contract with Axon costs the Police Department $194,549.48 per year for Fleet Cameras, Body Cameras, and Tasers. With the approval of the contract amendment, the total cost of the program will be $255,090.30$253,109.20 per year. 103 INFORMATIONAL MEMO Page 2 The Police Department will attempt to absorb the additional costs within the existing budget but may have to submit a budget amendment in 2024 if conditions change. RECOMMENDATION The Council is being asked to authorize the Mayor to sign the contract amendment and consider this item on the consent agenda at the August 7, 2023 Regular Meeting. ATTACHMENTS Axon Quote ttQ15635814967.733R1-I#Q456358-45113.634LK Axon Contract Amendment 2 (17-123) C:1Users\andy-y1AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\R1NYNLZP1 Informational Memorandum (Info Memo) v2.docx 104 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment # 2 Between the City of Tukwila and Axon Enterprises, Inc. That portion of Contract No. 17-123 ("Contract") between the City of Tukwila and Axon Enterprises, Inc is hereby amended as follows: 1. Quote #Q-456358 '1'1967.733RH45113.633LK, which is attached to this Amendment, will be added attached to the current Contract. 2. The second paragraph of the Contract is amended to read as follows: 3, "This Agreement sets forth the terms and conditions for the purchase, delivery, use, and support of Axon products and services as detailed in Quote #Q374532- 44680.751 BH, Q-388116-44680.889BH, and Q-456358-44967.733.RH45113.633LK (the Quote), which is hereby incorporated by reference. In consideration of this agreement the Parties agree as follows:" All other provisions of the contract shall remain in full force and effect. Dated this CA Reviewed May 2020 day of , 20 Page 1 of 2 105 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA CONTRACTOR: Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney 106 CA Reviewed May 2020 By: Printed Name: Title: Page 2 of 2 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 SHIP TO Fleet Services 11210 Tukwila International Blvd Tukwila, WA 98168-1945 USA Quote Summary Program Length TOTAL COST ESTIMATED TOTAL WI TAX Payment Summary BILL TO Tukwila Police Dept. - WA 15005 Tukwila International Blvd Seattle WA 98188-2245 USA Email: 60 Months $265,939.20 $292,798.68 Q-456358-45113.634 L K Issued: 07/06/2023 Quote Expiration: 07/31/2023 Estimated Contract Start Date: 10/01/2023 SALES REPRESENTATIVE Jack Golden Phone: Email: jgolden@axon.com Fax: Discount Summary Average Savings Per Year TOTAL SAVINGS Account Number: 107449 Payment Terms: N30 Delivery Method: PRIMARY CONTACT Eric Lund Phone: (206) 433-1821 Email: e.lund@tukwilawa.gov Fax: (206) 244-6181 $11,192.51 $55,962.56 Date Sep 2023 Sep 2024 Sep 2025 Sep 2026 Sep 2027 Total Subtotal $53,187.84 $53,187.84 $53,187.84 $53,187.84 $53,187.84 $265,939.20 Tax $5,371.88 $5,371.88 $5,371.88 $5,371.88 $5,371.96 $26,859.48 Total $58,559.72 $58,559.72 $58,559.72 $58,559.72 $58,559.80 $292,798.68 Page 1 Q-456358-45113.634LK Quote Unbundled Price: Quote List Price: Quote Subtotal: Pricing All deliverables are detailed in Delivery Schedules section lower in proposal $321,901.76 $281,185.76 $265,939.20 Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program Fleet3A Fleet 3 Advanced 18 60 $292.27 $254.57 $246.24 $265,939.20 $26,859.48 $292,798.68 A Ia Carte Hardware _ 72036 FLEET 3 STANDARD 2 CAMERA KIT A Ia Carte Warranties 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 2 2 48 $2,695.00 $8.96 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 In $0.00 Total $265,939.20 $26,859.48 $292,798.68 Page 2 Q-456358-45113.634LK Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date Fleet 3 Advanced 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 18 09/01/2023 Fleet 3 Advanced 70112 AXON SIGNAL UNIT 18 09/01/2023 Fleet 3 Advanced 71200 FLEET ANT, AIRGAIN, 5 -IN -1, 2LTE, 2WIFI, 1GNSS, BL 18 09/01/2023 Fleet 3 Advanced 72034 FLEET SIM INSERTION, VZW 18 09/01/2023 Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 18 09/01/2023 A la Carte 72036 FLEET 3 STANDARD 2 CAMERA KIT 2 10/01/2023 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 18 09/01/2028 Software Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 18 10/01/2023 09/30/2028 Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 18 10/01/2023 09/30/2028 Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 18 10/01/2023 09/30/2028 Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 36 10/01/2023 09/30/2028 Services Bundle Item Description QTY Fleet 3 Advanced 73391 FLEET 3 DEPLOYMENT (PER VEHICLE) 18 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 18 10/01/2023 09/30/2028 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 18 09/01/2024 09/30/2028 A la Carte 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 2 10/01/2024 09/30/2028 Page 3 Q-456358-45113.634LK Payment Details Sep 2023 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 72036 FLEET 3 STANDARD 2 CAMERA KIT 2 $0.00 $0.00 $0.00 Year 1 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 2 $0.00 $0.00 $0.00 Year 1 Fleet3A Fleet 3 Advanced 18 $53,187.84 $5,371.88 $58,559.72 Total $53,187.84 $5,371.88 $58,559.72 Sep 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 72036 FLEET 3 STANDARD 2 CAMERA KIT 2 $0.00 $0.00 $0.00 Year 2 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 2 $0.00 $0.00 $0.00 Year 2 Fleet3A Fleet 3 Advanced 18 $53,187.84 $5,371.88 $58,559.72 Total $53,187.84 $5,371.88 $58,559.72 Sep 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 72036 FLEET 3 STANDARD 2 CAMERA KIT 2 $0.00 $0.00 $0.00 Year 3 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 2 $0.00 $0.00 $0.00 Year 3 Fleet3A Fleet 3 Advanced 18 $53,187.84 $5,371.88 $58,559.72 Total $53,187.84 $5,371.88 $58,559.72 Sep 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 72036 FLEET 3 STANDARD 2 CAMERA KIT 2 $0.00 $0.00 _ $0.00 Year 4 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 2 $0.00 $0.00 $0.00 Year 4 Fleet3A Fleet 3 Advanced 18 $53,187.84 $5,371.88 $58,559.72 Total $53,187.84 $5,371.88 $58,559.72 Sep 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 72036 FLEET 3 STANDARD 2 CAMERA KIT 2 $0.00 $0.00 $0.00 Year 5 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 2 $0.00 $0.00 $0.00 Year 5 Fleet3A Fleet 3 Advanced 18 $53,187.84 $5,371.96 $58,559.80 Total $53,187.84 $5,371.96 $58,559.80 Page 4 Q-456358-45113.634LK 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 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-456358-45113.634LK Signature 7/6/2023 Page 6 Date Signed Q-456358-45113.634LK FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction This Statement of Work ("SOW") has been made and entered into by and between Axon Enterprise, Inc. ("AXON"), and Tukwila Police Dept. - WA the ("AGENCY") for the purchase of the Axon Fleet in -car video solution ("FLEET") and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer) Purpose and Intent AGENCY states, and AXON understands and agrees, that Agency's purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY's existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW. This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW. Acceptance Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form ("Acceptance Form"). AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re -present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW. Force Majeure (J,) 1 Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party's reasonable control and not avoidable by diligence. Schedule Change Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in -car Solution installation -to be performed pursuant of this Statement of Work. Axon Fleet Deliverables Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY's primary point of contact via electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only. Security Clearance and Access Upon AGENCY's request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY's facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY's facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check's requirements. Training AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train -the -trainer style method unless otherwise agreed upon between the AGENCY and AXON. Local Computer 2 AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables. Network AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss of data due to misconfigured firewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables. Cradlepoint Router When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint's NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work. Evidence.com AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW. Wireless Upload System If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY's existing network a wireless network infrastructure as identified in the AGENCY's binding quote based on conditions of the sale. VEHICLE INSTALLATION Preparedness C71 3 On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence. Vehicle(s) will be deemed 'out of service' to the extent necessary to perform Work pursuant of this SOW. Existing Mobile Video Camera System Removal On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY. Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space. Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle's systems' operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer. In -Car Hardware/Software Delivery and Installation On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system's installation manual and its relevant addendum(s). Applicable in -car hardware will be installed and configured as defined and validated by the AGENCY during the pre -deployment discovery process. If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation ("Not Fleet Ready"), such as a battery not being properly charged or properly up -fit for in-service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties. 4 Upon completion of installation and configuration, AXON will systematically test all installed and configured in -car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation. Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle's existing systems' operation to identify, document any existing component or vehicle systems' failures. Prior to any vehicle up -fitting the AXON Installer will introduce the system's components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna(s), integration recording trigger sources and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type. Agreed placement will be documented by the AXON Installer. AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations. 5 The customary training session does not `certify' a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware. 6 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes July 10, 2023- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Staff Present: Mohamed Abdi, Chair; Thomas McLeod, Tosh Sharp Pete Mayer, Kris Kelly, David Rosen, Eric Lund, Eric Dreyer, Laurel Humphrey Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Contracts: On -Call Park Planning, Design, and Project Management Staff is seeking approval of contracts with GGLO, LLC and Otak, Inc. in amounts not to exceed $250,000 each for on-call park planning, design and project management services. Item(s) for follow-up: • Provide information about planning and funding riverside road safety and design improvements along S. 115th St and 42nd Ave S. Committee Recommendation: Unanimous approval. Forward to July 17, 2023 Regular Consent Agenda. B. Contract: Additional Fleet Cameras Staff is seeking approval of an amendment to Contract 17-123a with Axon to purchase 18 additional fleet cameras. The cost is $58,559.72 for years 1-4 and $58,559.80 for year 5, bringing the total contract amount to $292,798.68 Committee Recommendation: Unanimous approval. Forward to July 17, 2023 Regular Consent Agenda. 11. MISCELLANEOUS The meeting adjourned at 6:20 p.m. Committee Chair Approval Minutes by LH 119