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HomeMy WebLinkAbout2019 CON Taser International - Body Worn Cameras Storage Data Management - Amendment #1NOTE TO FILE 06-15-2020 IN THE MATTER OF: The First Amendment to the Agreement with Taser International for Body Worn Camera Storage and Data Management. Please note the following: NO FULLY EXECUTED ORIGINAL AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. A COPY OF THE PARTIALLY EXECUTED AGREEMENT IS ON FILE. ORIGINATING DEPARTMENT: NTF CDC Housing Authority City Attorney Human Resources City Manager MIS Community Svcs. Planning Engineering X Police Finance Public Works Fire DocuSign Envelope ID: 75317D26-C24C-4D87-A089-9F8364388AFA FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC. This FIRST AMENDMENT ("Amendment") to the Agreement by and between the CITY OF NATIONAL CITY and TASER INTERNATIONAL, INC., a Corporation is entered into this day of December, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY") and TASER INTERNATIONAL, INC., a Corporation ("CONSULTANT"). RECITALS WHEREAS, the City Council of the City of National City authorized the Mayor to execute an Agreement ("Agreement") on June 21, 2016 for CONSULTANT to provide body worn cameras, cloud -based storage of digital evidence, internet data management through Evidence.com and support services to assist with implementation and training as specified in the Agreement and Resolution No. 2016-99, Attachment "A"; and WHEREAS, after negotiating the initial price of the work to be completed by CONSULTANT, it was determined that there was a need for more user body worn camera licenses and storage space for the footage captured by body worn cameras on the original service agreement; and WHEREAS, the total cost for the additional body worn camera licenses and storage space will be for a total not -to -exceed amount of $24,977.28 covering the duration of the Agreement with a total not to exceed amount of $12,488.64 for year one and a total not to exceed amount of $12,488.64 for year 2 and as specified in Attachment "B"; WHEREAS, the increase in body worn camera licenses and storage purchase not -to -exceed amount requires City Council approval; and WHEREAS, on April 5, 2017, TASER International, Inc. changed its corporate name to Axon Enterprise, Inc ("Axon"); NOW THEREFORE, BE IT RESOLVED, the parties hereto do mutually agree as follows: 1. The total cost for the additional body worn camera licenses and storage space will be for a total not -to -exceed amount of $24,977.28 covering the duration of the Agreement with a total not to exceed amount of $12,488.64 for year one and a total not to exceed amount of $12,488.64 for year 2 and as specified in Attachment "B". 2. The above -referenced Agreement is between City of National City and Axon Enterprise, Inc. Further, any reference to "TASER International, Inc." or "TASER," as a contracting party, shall be replaced with "Axon Enterprise, Inc.," or "Axon," respectfully. DocuSign Envelope ID: 75317D26-C24C-4D87-A089-9F8364388AFA 3. The parties further agree that with the foregoing exception, each and every term of the June 21, 2016 Agreement shall remain in full force and effect. /// /// /// IN WITNESS THEREOF, the parties hereto have executed this First Amendment on the date and year first written above. CITY OF NATIONAL CITY AXON ENTERPRISE, INC. By: Alejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Nicole Pedone Senior Assistant City Attorney ,-DocuSigned by: By: Isaiah Fields By: Nf fne 5784CFA3141 D... Isaiah Fields Print General Counsel Title DocuSigned by: c;pi t EBB131A4424... Robert Driscoll Print VP, Assoc. General Counsel Title First Amendment to 2016 Agreement 2 City of National City and December 2019 Taser International, INC. Cheryl Newell From: Cheryl Newell Sent: Tuesday, March 3, 2020 8:58 AM To: Graham Young Cc: Heather Scott Subject: RE: Taser International Agreement - Amendment #1 Thank you, Graham! Please forward me a copy of the fully executed Agreement so that I can scan it into Questys. Regards, Cheryl From: Graham Young Sent: Tuesday, March 3, 2020 8:41 AM To: Cheryl Newell <cnewell@nationalcityca.gov> Cc: Heather Scott <Hscott@nationalcityca.gov> Subject: RE: Taser International Agreement - Amendment #1 Hi Cheryl, Here is the other agreement for the AXON account you were asking about. I sent it over for Nicole to have the City Attorney sign it. This is for your records Graham From: Cheryl Newell Sent: Monday, February 17, 2020 10:21 AM To: Graham Young <GYoung@ nationalcitvca.gov> Subject: Taser International Agreement - Amendment #1 Good Morning Capt. Young, Do you have an original duplicate Agreement for Taser International which was adopted on 12-17-2019 under attached Resolution No. 2019-187? If no original duplicate is available, may I please have a copy for our files? Thank you! Cheryl Newell City of National City I Office of the City Clerk 1243 National City Blvd. I National City, CA 91950 P: (619) 336-4227 W: http://www.nationalcitvca.gov Business Hours: 7:00am - 6:00 p.m, Mon.—Thurs. 1 RESOLUTION NO. 2019 NO. 2019 - 187 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL INC., TO INCREASE THE NUMBER OF BODY WORN CAMERA LICENSES AND STORAGE SPACE FOR THE FOOTAGE CAPTURED BY BODY WORN CAMERAS FOR A TOTAL NOT TO EXCEED AMOUNT OF $24,977.28 COVERING THE DURATION OF THE AGREEMENT WHEREAS, the use of Body Worn Cameras (BWCs) has been a growing national trend for law enforcement agencies due to recent high profile events, and have been shown to protect people who make legitimate complaints, but also protect law enforcement agencies when people file false allegations of misconduct or excessive use of force against police officers wearing BWCs; and WHEREAS, the National City Police Department entered into an Agreement with Taser International, Inc., on July 1, 2016 to include the purchase of seventy (70) Body Worn Cameras, requisite docking stations, data storage, and data management services from Evidence.com for a term of five years in the amount of $350,890.58; and WHEREAS, due to the need for additional body worn camera licenses and storage space for the footage captured, staff recommends entering into a First Amendment to the Agreement by and between the City of National City and Taser international Inc., to increase the number of body worn camera licenses and storage space for the footage captured by body worn cameras for a total not to exceed amount of $24,977.28 covering the duration of the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes and approves a First Amendment to the Agreement by and between the City of National City and Taser international Inc., to increase the number of body worn camera licenses and storage space for the footage captured by body worn cameras for a total not to exceed amount of $24,977.28 covering the duration of the Agreement PASSED and ADOPTED this 17th day of Decembe , 2019 Alejandr- ' oto-Safi, Mayor pvi Michael R.'Dalla, City Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on December 17, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-187 of the City of National City, California, passed and adopted by the Council of said City on December 17, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 17, 2019 AGENDA ITEM NO. 14 ITEM TITLE: Resolution of the City Council of the City of National City approving the first amendment to the agreement by and between the City of National City and Taser International Inc., to increase the number of body worn camera licenses and storage space for the footage captured by body worn cameras for a total not -to -exceed amount of $24,977.28 covering the duration of the Agreement PREPARED BY: Captain Graham Young PHONE: (619) 336-4514 EXPLANATION: DEPARTMENT: Polio epartm APPROVED BY: On June 21, 2016 the City Council authorized the purchase for seventy (70) body worn cameras, storage of digital evidence, data management, support services, and onsite training from Taser International and executed a five year contract in the amount of $350,890.58. It has been determined there is a need for additional body worn camera licenses and storage space for the footage captured. This amendment would be for a total not -to -exceed amount of $24,977.28 for the duration of the agreement. A total not to exceed amount of $12,488.64 for year one and a total not to exceed amount of$12,488.64 for year two. FINANCIAL STATEMENT: APPROVED. ACCOUNT NO. APPROVED: 131-411-000-299-0000 (Contract Services) $24,977.28 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution # 2016-99 2. Taser International Inc. quote for $24,977.28 3. First Amendment /eiseile,74ivi 7iv. c)O/?_ /cP RESOLUTION NO. 2016 — 99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY COUNCIL TO WAIVE THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.220, SUBSECTION (B), SOLE SOURCE PROCUREMENT, FOR THE POLICE DEPARTMENT'S PURCHASE OF SEVENTY (70) BODY WORN CAMERAS, CLOUD BASED STORAGE OF DIGITAL EVIDENCE, AND INTERNET DATA MANAGEMENT THROUGH EVIDENCE.COM, INCLUDING SUPPORT SERVICES AND ONSITE TRAINING TO ASSIST WITH IMPLEMENTATION FROM TASER INTERNATIONAL, INC., AND AUTHORIZING THE CITY TO AWARD THE PURCHASE, AND AUTHORIZING THE MAYOR TO EXECUTE A FIVE-YEAR CONTRACT IN THE AMOUNT OF $350,890.58 WITH TASER INTERNATIONAL, INC. WHEREAS, the use of Body Worn Cameras (BWCs) has been a growing national trend for law enforcement agencies due to recent high profile events, and have been shown to protect people who make legitimate complaints, but also protect law enforcement agencies when people file false allegations of misconduct or excessive use of force against police officers wearing BWCs; and 4 WHEREAS, from July 2015 through January 2016, the Police Department field tested and evaluated BWCs from four manufacturers, and interviewed representatives from other SalDiego County law enforcement agencies who currently utilize BWCs, as well as representatives from the San Diego County District Attorney's Office; and WHEREAS, Taser International Inc. BWCs are rugged, offer high quality recordings, and ease of evidence handling with their secure cloud -based digital evidence management system named Evidence.com., and is the only vendor who offers all of the services necessary to meet the Police Department's needs; and WHEREAS, several law enforcement agencies in San Diego County currently utilize BWCs from Taser International, Inc., including the San Diego Police Department, Chula Vista Police Department, Coronado Police Department, Escondido Police Department, and Carlsbad Police Department; and WHEREAS, the San Diego District Attorney's Office has an Evidence.com license and already works with agencies using the Evidence.com data management system to receive digital evidence, including BWC videos, still digital photographs, and audio recordings, using the Evidence.com portal which would allow for seamless integration for the National City Police Department to share evidence for cases via an email link to the San Diego District Attorney's Office; and WHEREAS, the Police Department desires to enter into an Agreement with Taser International, Inc., beginning on July 1, 2016 to include the purchase of seventy (70) Body Worn Cameras, requisite docking stations, data storage, and data management services from Evidence.com for a term of five years; and WHEREAS, the City Council may waive the formal bid process pursuant to National City Municipal Section 2.60.220(B) that provides for sole source procurements when there is only one source from which a particular commodity is available and there is no adequate substitute, and when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet any urgent procurement need; and Resolution No. 2016 — 99 Page Two WHEREAS, based on the Police Department's research, the Taser International Inc. BWCs and cloud storage through Evidence.com meet the Police Department's needs, are unique from other BWCs and data management systems in that Taser International, Inc. is the only company that offers several unique features together in one package, and there is no adequate substitute for the BWCs and related services offered through Taser International, Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Council to waive the formal bid process pursuant to National City Municipal Code Section 2.60.220, subsection (B), sole source procurement, and authorizes the Mayor to execute a five-year Agreement with Taser International, Inc., in the amount of $350,890.58, for the Police Department's purchase of seventy (70) body worn cameras, cloud based storage of digital evidence, and internet data management through Evidence.com, including support services and onsite training to assist with implementation, from Taser International, Inc. PASSED and ADOPTED this 21' day of June, 201 ornson, ' . 'or ATTEST: Michael R. Dalla, sty Clerk ?ROVED AS TO FO udia Gacitya Silv City Attorney Passed and adopted by the Council of the City of National City, California, on June 21, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City CI k of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-99 of the City of National City, California, passed and adopted by the Council of said City on June 21, 2016. City Clerk of the City of National City, California By Deputy Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 SHIP TO Heather Scott National City Police Dept. - CA 1200 National City Boulevard National City, CA 91950 US BILL TO National City Police Dept. - CA 1200 National City Boulevard National City, CA 91950 US Q-232014-438 02.674C M Payment Terms: Net 30 Delivery Method. Fedex - Ground Contract Number: 00009161 SALES REPRESENTATIVE Chris Morton Phone: (206) 310-6165 Email: cmorton@axon.com Fax: PRIMARY CONTACT Heather Scott Phone: (619) 336-4530 Email: hscott@nationalcityca.gov Year 1 item i5t'{C1ti0#i, Axon Plans & Packages 85035 80012 85110 Year 2 EVIDENCE COM STORAGE BASIC EVIDENCE.COM LICENSE: YEAR 1 PAYMENT EVIDENCE.COM INCLUDED STORAGE Axon Plans & Packages 85035 80013 85110 EVIDENCE.COM STORAGE BASIC EVIDENCE.COM LICENSE: YEAR 2 PAYMENT EVIDENCE.COM INCLUDED STORAGE Gai iListU PriC 11,416 28 280 0.75 180.00 0.00 11,416 0.75 28 180.00 280 0.00 0.69 164.70 0.00 Subtotal Estimated Shipping Estimated Tax Total 7,877.04 4,611.60 0.00 12,488.64 0.00 0.00 12,488.64 0.69 7,877.04 164.70 4,611.60 0.00 0.00 Subtotal 12,488.64 Estimated Tax 0.00 Total 12,488.64 Discounts (USD) Quote Expiration: 12I31/2019 List Amount 27,204.00 to 1�-;, unts . 2,22 ;72 Total 24,977.28 'Total excludes applicable taxes Q-Z32014w43802.674CM FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL, INC. This FIRST AMENDMENT ("Amendment") to the Agreement by and between the CITY OF NATIONAL CITY and TASER INTERNATIONAL, INC., a Corporation is entered into this day of December, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY") and TASER INTERNATIONAL, INC., a Corporation ("CONSULTANT"). RECITALS WHEREAS, the City Council of the City of National City authorized the Mayor to execute an Agreement ("Agreement") on June 21, 2016 for CONSULTANT to provide body worn cameras, cloud -based storage of digital evidence, internet data management through Evidence.com and support services to assist with implementation and training as specified in the Agreement and Resolution No. 2016-99, Attachment "A"; and WHEREAS, after negotiating the initial price of the work to be completed by CONSULTANT, it was determined that there was a need for more user body worn camera licenses and storage space for the footage captured by body worn cameras on the original service agreement; and WHEREAS, the total cost for the additional body worn camera licenses and storage space will be for a total not -to -exceed amount of $24,977.28 covering the duration of the Agreement with a total not to exceed amount of $12,488.64 for year one and a total not to exceed amount of $12,488.64 for year 2 and as specified in Attachment "B"; and WHEREAS, the increase in body worn camera licenses and storage purchase not -to -exceed amount requires City Council approval. NOW THEREFORE, BE IT RESOLVED, the parties hereto do mutually agree as follows: 1. The total cost for the additional body worn camera licenses and storage space will be for a total not -to -exceed amount of $24,977.28 covering the duration of the Agreement with a total not to exceed amount of $12,488.64 for year one and a total not to exceed amount of $12,488.64 for year 2 and as specified in Attachment `B". 2. The parties further agree that with the foregoing exception, each and every term of the June 21, 2016 Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this First Amendment on the date and year first written above. CITY OF NATIONAL CITY TASER INTERNATIONAL, INC. By: By: Alejandra Sotelo-Solis, Mayor Name APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Nicole Pedone Senior Assistant City Attorney Print Title By: Name Print Title First Amendment to 2016 Agreement 2 City of National City and December 2019 Taser International, INC. RESOLUTION NO. 2019 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TASER INTERNATIONAL INC., TO INCREASE THE NUMBER OF BODY WORN CAMERA LICENSES AND STORAGE SPACE FOR THE FOOTAGE CAPTURED BY BODY WORN CAMERAS FOR A TOTAL NOT TO EXCEED AMOUNT OF $24,977.28 COVERING THE DURATION OF THE AGREEMENT WHEREAS, the use of Body Worn Cameras (BWCs) has been a growing national trend for law enforcement agencies due to recent high profile events, and have been shown to protect people who make legitimate complaints, but also protect law enforcement agencies when people file false allegations of misconduct or excessive use of force against police officers wearing BWCs; and WHEREAS, the National City Police Department entered into an Agreement with Taser International, Inc., on July 1, 2016 to include the purchase of seventy (70) Body Worn Cameras, requisite docking stations, data storage, and data management services from Evidence.com for a term of five years in the amount of $350,890.58; and WHEREAS, due to the need for additional body worn camera licenses and storage space for the footage captured, staff recommends entering into a First Amendment to the Agreement by and between the City of National City and Taser international Inc., to increase the number of body worn camera licenses and storage space for the footage captured by body worn cameras for a total not to exceed amount of $24,977.28 covering the duration of the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes and approves a First Amendment to the Agreement by and between the City of National City and Taser international Inc., to increase the number of body worn camera licenses and storage space for the footage captured by body worn cameras for a total not to exceed amount of $24,977.28 covering the duration of the Agreement PASSED and ADOPTED this 17th day of December, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney