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Home My WebLink About2007 CON PepperBall Technologies - AmmunitionSA-4 Evaluation Agreement PepperBall Technologies, Inc. and National City Police Department This Agreement is effective August 07, 2007 by and between the National City Police Department, 1200 National City Boulevard, hereinafter referred to as "BORROWER" and PepperBall Technologies, Inc., San Diego, CA 92121, hereinafter referred to as "PTI." The parties hereto agree as follows: 1. For the consideration for the usage of subject PTI Property for evaluation purposes, PTI hereby agrees to bail to the BORROWER the following list of PTI owned property, presently located at the PT! San Diego, California facility. The period of usage shall not exceed beyond December 31, 2007. The BORROWER's representative, Sgt. Strasen, will have custodial responsibility for the bailed items while they are in the possession of BORROWER. Bailed items will be used in BORROWER NCPD situations. PTI OWNED PROPERTY BAILED TO BORROWER PT1 Serial Number Description Quantity Unit Cost Total xxxx-xxxx PepperBall SA-4 PepperBall Launchers 10 $ 389.99 $3899.99 1J A PepperBall SA-4 Holsters -drop down 9 $ 64.99 $584.91 N A PepperBall SA-4 Magazine Nozzles 10 $ 5.99 $59.90 Na PepperBall SA-4 Cartridges 40 $ 5.99 $239.60 N Q PepperBall SA-4 Cartridges 256 $ 4.99 1277.44 ,at, PepperBall SA-4 Holster -belt 1 $34.99 $34.99 2. Title to each item shall remain with PTI, and BORROWER shall not transfer possession, pledge or claim right of offset or lien on any hailed item. 3. PTI understands that SA-4 Cartridges are expendable and Cartridges that have been fired can not be returned by BORROWER. BORROWER agrees to return or purchase any unused bailed Cartridges to PTI upon completion of this trial period. 4. BORROWER hereby assumes responsibility for the operational control and guardianship of said items while in BORROWER's possession. In the event of the operational loss of any PTI equipment, BORROWER will initiate an unclassified Operational Loss message to PTI, following standard BORROWER Agency formats, whereupon the item will be de -listed and value of said item will be reimbursed by BORROWER to PTI at the value as listed in subsection 1 of this agreement. The P11 owned property is bailed to BORROWER on a no cost, no fee basis. No cost shall be assessed to PTI for the investigative development associated with/or through the authorized NCPD usage of said PTI property. 5. Upon completion of the evaluation period, subject PTI property will be returned to PTI, at PTI's San Diego facility. Transportation charges for subject property from PTI, San Diego facility will be borne by PTI_ Transportation charges for subject property from BORROWER to PT!, San Diego will be borne by P'fI. 6. BORROWER shall exercise prudent care and maintenance of the bailed items, while in BORROWER's possession, during the term of this agreement. The current functional condition of the bailed items can not be determined, and no guarantee of functionality is made by PTI. BORROWER will determine the operational status of the bailed item and will provide a status report of the bailed item's existing condition to PTI. BORROWER will not be responsible for any existing damage or problems prior to receipt of subject property. However, repairs and maintenance required during the period of the bailment shall be the mutual responsibility of PTI and BORROWER, as follows: BORROWER will notify PTI of any maintenance required to restore operational status of the hailed items. PTI will either advise BORROWER on repair methods, or recall the bailed items to PTI's San Diego facility for repair or replacement. 7. BORROWER agrees to hold PTi harmless against any liability for any injury or other damages resulting from the use of the bailed items. 8. Any extension of this agreement beyond December 31, 2007 shall be mutually agreed to by both parties per written amendment to this agreetent. 9. PTI shall be permitted to inspect on -site the bailed items and undertake periodic on -site reviews of the progress of the investigation into BORROWER's use of PTi property. BORROWER shall inform PTI of intended dates and time they will conduct inspections, and PTI will provide advanced written notice to BORROWER of any intention to inspect and review. 10. PTI may require the immediate return of bailed items. If possible, thirty (30) days advanced notice will be given. If this demand occurs before 12/31/07, return shipment cost will be the responsibility of PTI, San Diego. If this demand occurs after 12/31/07, shipping cost will he the responsibility of P'1T. BORROWER shall assist and provide full cooperation in returning said items in a timely manner. 11. PTi agrees to provide product operational training to BORROWER'S officers who are designated by BORROWER to participate in evaluations, trials, and usage of subject property. This operational training shall be provided by PTi to BORROWER free of charge. BORROWER will establish its own internal policies for deployment of subject property at BORROWER'S own risk. 12. BORROWER agrees to provide a report to PTI, summarizing their operational experience with the bailed items in general and of their effectiveness, to PTi, San Diego no later than upon December 31, 2007. BORROWER agrees to provide said reports in the form of evaluation reports or which detail situations and conditions under which the SA-4 launcher and/or projectiles are used for enforcement. These reports shall include, as possible, the number of cartridges used, distance from targets at trine of use, weather/wind conditions at time of use, areas impacted, target accuracy, and effectiveness. BORROWER shall also make available any copies of photographs or video captured of uses of SA-4 launchers and projectiles during NCPD uses. PTI agrees to securely retain this data, and report only general conditions and statistics when making any public statements about results of this evaluation. 13. This Agreement constitutes the entire agreement between the parties respecting the bailment of the above items and no representation oral or written not specifically incorporated into this Agreement shall he binding. For: PTI Eric Wenaas, President and CEO Date: g 1 1 t0 1 07 For: BORROWER w Adolfo Gonzales, Chief of Police (typed name) BORROWER City of National City Date: August 21, 2007 RESOLUTION NO. 2007 — 196 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A HOLD HARMLESS AGREEMENT WITH PEPPERBALL TECHNOLOGIES, INC. WHO HAS OFFERED TO LOAN THE POLICE DEPARTMENT VARIOUS PEPPERBALL DEVICES AND AMMUNITION ON A TRIAL BASIS FOR EVALUATION PURPOSES WHEREAS, PepperBall Technologies, Inc. is loaning the National City Police Department various pepperball devices and ammunition on a trial basis for evaluation at no cost to the City; and WHEREAS, PepperBall Technologies requests the City hold Pepper Ball Technologies harmless for any injury or other damages resulting from the City's use of the items. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute an Agreement with PepperBall Technologies, Inc., in which the City will hold harmless PepperBall Technologies for any injury of other damages due to the loan of various pepperball devices and ammunition on a trial basis for evaluation at no cost to the City. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of Augus 007. on Morrison, Mayor ATTEST: Mi ael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eisor, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 21, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Zarate. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California l and City CI rk of the Ciry o ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-196 of the City of National City, California, passed and adopted by the Council of said City on August 21, 2007. City Clerk of the City of National City, California By: Deputy City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE August 21. 2007 2 AGENDA ITEM NO ITEM TITLE RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A HOLD HARMLESS AGREEMENT WITH PEPPERBALL TECHNOLOGIES, INC. WHO HAS OFFERED TO LOAN THE POLICE DEPARTMENT VARIOUS PEPPERBALL DEVICES AND AMMUNITION ON A TRIAL BASIS PREPARED BY DEPARTMENT Jodi L. Doucette - 2 City Attorney (Ext. 4412) EXPLANATION Pepperball Technologies is loaning the Police Department various Pepperball devices and ammunition for the City to demo their products on a trial basis. This is at no cost to the City. PepperBall Technologies requests, however, that the City hold PepperBall Technologies harmless for any injury or other damages resulting from the City's use of the items. Environmental Review X N/A Financial Statement N/A Account No STAFF RECOMMENDATION Approve Resolution BOARD / COMMISSION RECOMMENDATION . N/A rATTACHMENTS Resolution No. `' `" 1. Transfer request letter 2. Resolution J Co. A-200 (9/99) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 September 10, 2007 Mr. Eric Wenaas President & CEO PepperBall Technologies, Inc. 6142 Nancy Ridge Drive, Suite 101 San Diego, CA 92121 Dear Mr. Wenaas, On August 21, 2007, Resolution No. 2007-196 was passed and adopted by the City Council of National City, executing an agreement with PepperBall Technologies, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed copy of the agreement. Michael R. Daila, CMC City Clerk Enclosure cc: Police Department City Attomey ® Recycled Paper