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HomeMy WebLinkAboutOrdinance #4397 STATE OF ILLINOIS). ) SS. COUNTY OF FULTON) CERTIFICATE I, Andi Smith-Walters, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. I further certify that on MARCH 5. 2024. the City Council of such municipality passed and approved Ordinance #4397 entitled: ORDINANCE APPROVING THE PURCHASE OF AXON FLEET 3 ADVANCED CAMERAS FOR SQUAD CARS AND RELATED SYSTEM/ACCESSORIES AND WAIVING COMPETITIVE BIDDING REQUIREMENTS The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THIS 5h DAY OF MARCH 2O24 Seal ndi Smith-Walters, City Clerk ity of Canton, Illinois ORDINANCE NO. 4397 AN ORDINANCE APPROVING THE PURCHASE OF AXON FLEET 3 ADVANCED CAMERAS FOR SQUAD CARS AND RELATED SYSTEM/ACCESSORIES AND WAIVING COMPETITIVE BIDDING REQUIREMENTS WHEREAS,the City of Canton, Fulton County, Illinois ("City"), is an Illinois non-home rule municipality; WHEREAS, pursuant to the Illinois Law Enforcement Officer-Worn Body.Camera Act (50 ILCS 706/10-1), as amended (the "Officer-Worn Body Camera Act"), the City is required to implement body cameras by January 1, 2025; WHEREAS, an "officer-worn body camera" means an electronic camera system for creating,generating,sending,receiving,storing,displaying,and processing audiovisual recordings that may be worn about the person of a law enforcement officer(50 ILCS 706/10-10); WHEREAS, in order to comply with the Officer-Worn Body Camera Act, the City authorized the purchase of body cameras and related software thereto from Axon Enterprise, Inc. (See Ordinance No. 4357,passed and adopted July 3, 2023); WHEREAS, the City's Police Department is in need of new squad car cameras as the current cameras are out of contract and warranty; WHEREAS,the City's Police Chief has recommended purchasing Axon Fleet 3 Advanced squad car cameras and related system/accessories (collectively the "Squad Car Cameras") from Axon Enterprise, Inc.; WHEREAS, the Squad Car Cameras will integrate with the City's current evidence software that is used for the City's officer-worn body cameras, as well as the City's license plate readers; WHEREAS,the quote from Axon Enterprise,Inc. is for$115,176.00,which shall be paid in five(5) annual installments, substantially as shown in"Exhibit A"; WHEREAS, pursuant to 65 ILCS 5/11-61-3, the corporate authorities are authorized to purchase personal property through contracts that provide for the consideration for such purchase to be paid through installments to be made at stated intervals during a certain period of time, but, in no case, may such contracts provide for consideration to be paid during a period in excess of twenty (20)years) or provide for the payment of interest at a rate more than that permitted in "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein",approved May 26, 1970, as amended. WHEREAS,the contract with Axon Enterprise,Inc. complies with the requirements of 65 ILCS 5/11-61-3; WHEREAS,the corporate authorities find it to be clearly in the public's interest to proceed with the purchase of the Squad Car Cameras,and have agreed,by this Ordinance,by at least a vote of two-thirds (2/3)to waive competitive bidding requirements; WHEREAS, the City Council of the City of Canton has determined that it is necessary and in the best interests of the City to purchase the Squad Car Cameras for the City of Canton, substantially as described in"Exhibit A." NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF CANTON,FULTON COUNTY, ILLINOIS AS FOLLOWS: 1. The City of Canton hereby finds as fact the recitals set forth above and are incorporated herein as though fully set forth; 2. Any applicable competitive bidding requirements set forth by Illinois law and the Canton Municipal Code are hereby waived; 3. The quotation for the purchase of the Squad Car Cameras in the total amount of $115,176.00, substantially as described in "Exhibit A," plus necessary taxes, titles, and fees, is hereby APPROVED; 4. The Mayor, or his designee, and the Chief of Police are hereby authorized to execute and deliver any and all purchase agreements,purchase orders,or other documents necessary to purchase the Squad Car Cameras, substantially as described in"Exhibit A"; 5. This Ordinance shall be in full force and effective immediately upon its passage by the City Council of the City of Canton and approval by the Mayor thereof. PASSED AND APPROVED THIS 5th day of March, 2024. AYES: Mayor McDowell,Alderpersons Grimm,Nelson, Lovell,Hale, Gossett,Ketcham, Lingenfelter NAYS: None ABSENT: Chamberlin APPROVED: By: &-A OAI)LA Kent Mc owe ,Mayor ATTEST: Andrea . Smith-Walters, City Clerk Axon Enterprise,Inc. Q-439375-45341.699MM 17800 N 85th St. Scottsdale,Arizona 8525502/19/2024 United States — - VAT:86-0741227 y Quote Expiration:03/29/2024 Domestic:(800)978-2737 International:+1.800.978.2737 Estimated Contract Start Date:06101/2024 Account Number:116117 Payment Terms:N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Canton Police Dept.-IL Canton Police Dept.-IL 2 N Main St 2 N Main St .Matthew Moore Mike Eveland Canton, Canton Phone:(480)905-2068 Phone:(309)647-5131 IL IL Email:mmoore@axon.com Email:meveland@cantoncityhall.org 61520-2618 61520-2618 Fax:(480)905-2068 Fax:(309)647-8226 USA USA Email: 37-6000876 Quote Summary Discount Summary Program Length I 60 Months Average Savings Per Year $6,295.68 TOTAL COST $115,176.00 TOTAL SAVINGS $31,478.40 ESTIMATED TOTAL WI TAX $115,176.00 Payment Summary Date Subtotal Tax Total May 2024 $23,035.20 $0.00 $23,035.20 May 2025 $23,035.20 $0.00 $23,035.20 May 2026 $23,035.20 $0.00 $23,035.20 Ma 2027 $23,035.20 $0.00 $23,035.20 May 2028 $23,035.20 $0.00 $23,035.20 Total $115,176.00 $0.00 $115,176.00 Page 1 Q-439375-45341.699MM Quote Unbundled Price: $146,654.40 Quote List Price: $125,193.60 Quote Subtotal: $115,176.00 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 Fleet3A Fleet 3 Advanced 8 60 $299.28 $254.57 $234.20 $112,416.00 $0.00 $112,416.00 A la Carte Services 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $3,000.00 $2,760.00 $2,760.00 $0.00 $2,760.00 Total $115,176.00 $0.00 $115,176.00 Page 2 Q-439375.45341.699MM Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date Fleet 3 Advanced 11634 AXON FLEET-CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 8 05/01/2024 Fleet 3 Advanced 70112 AXON SIGNAL-SIGNAL UNIT 8 05/01/2024 Fleet 3 Advanced 71200 AXON FLEET-AIRGAIN ANT-5-IN-1 2LTE 2WIFI 1 GNSS BL 8 05/01/2024 Fleet 3 Advanced 72034 AXON FLEET 3-SIM INSERTION-VZW 8 05/01/2024 Fleet 3 Advanced 72036 AXON FLEET 3-STANDARD 2 CAMERA KIT 8 05/01/2024 Fleet 3 Advanced 72040 AXON FLEET-TAP REFRESH 1-2 CAMERA KIT 8 05/01/2029 Software Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80400 AXON EVIDENCE-FLEET VEHICLE LICENSE 8 06/01/2024 05131/2029 Fleet 3 Advanced 80401 AXON FLEET 3-ALPR LICENSE-1 CAMERA 8 0610112024 05/31/2029 Fleet 3 Advanced 80402 AXON RESPOND-LICENSE-FLEET 3 8 06/01/2024 05131/2029 Fleet 3 Advanced 80410 AXON EVIDENCE-STORAGE-FLEET 1 CAMERA UNLIMITED 16 06/0112024 05/31/2029 Services Bundle Item Description QTY Fleet 3 Advanced 73391 AXON FLEET 3-DEPLOYMENT PER VEHICLE 8 A la Carte 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80379 AXON SIGNAL-EXT WARRANTY-SIGNAL UNIT 8 05/01/2025 05131/2029 - Fleet 3 Advanced 80495 AXON FLEET 3-EXT WARRANTY-2 CAMERA KIT 8 05/01/2025 05/31/2029 Page 3 Q-439375-45341.699MM Payment Details May 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $552.00 $0.00 $552.00 Year 1 Fleet3A Fleet 3 Advanced 8 $22,483.20 $0.00 $22,483.20 Total $23,035.20 $0.00 $23,035.20 May 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $552.00 $0.00 $552.00 Year 2 Fleet3A Fleet 3 Advanced 8 $22,483.20 $0.00 $22,483.20 Total $23,035.20 $0.00 $23,035.20 May 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $552.00 $0.00 $552.00 Year 3 Fleet3A Fleet 3 Advanced 8 $22,483.20 $0.00 $22,483.20 Total $23,035.20 $0.00 $23,035.20 May 2027 Invoice Plan Item Description Q Subtotal Tax Total Year 4 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $552.00 $0.00 $552.00 Year 4 Fleet3A Fleet 3 Advanced 8 $22,483.20 $0.00 $22,483.20 Total $23,035.20 $0.00 $23,035.20 May 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $552.00 $0.00 $552.00 Year 5 Fleet3A Fleet 3 Advanced 8 $22,483.20 $0.00 $22,483.20 Total $23,035.20 $0.00 $23,035.20 Page 4 Q-439375-45341.699MM 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. Contract Sourcewell Contract#010720-AXN is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern. 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 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. 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 5 Q-439375-45341.699MM Exceptions to Standard Terms and Conditions Sourcewell Contract#010720-AXN used for pricing and purchasing justification. Signature Date Signed 2/19/2024 Page 6 Q-439375-45341.699MM 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 Canton Police Dept.-IL 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 1 Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the parry'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 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 flat 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