HomeMy WebLinkAboutResolution - 2014-R0371 - Contract - Dailey-Wells Communications Inc.- Radio System Upgrade - 10.23.2014Resolution No. 2014-RO371
Item No. 5.16
October 23, 2014
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Contract No. 12063 for Phase Three of Radio System
Upgrade, by and between the City of Lubbock and Dailey -Wells Communications, Inc., of San
Antonio, Texas, and related documents. Said Contract is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on October 23, 2014
GLE/fe0BERTZSON, MAYOR
ATTEST:
Rebe ca Garza, City Secret ry
APPROVED AS TO CONTENT:
Mark Ye rwood, Assistant Ctty Manager
APPROVED AS TQ FORM:
Assistant City Attorney
vw:ccdocs/RES.Contract-Dailey Wells
September 25, 2014
Resolution No. 2014-RO371
CONTRACT 12063
STATE OF TEXAS
COUNTY OF LUBBOCK
TWO-WAY RADIO SYSTEM UPGRADE CONTRACT
This contract is for the upgrade of the current EDACS trunked radio system and
migration to a P25 digital trunked radio system. This contract will become effective upon the
concurrence between the City of Lubbock, (City), a municipal corporation, and Dailey and
Wells Communications, Inc. (Contractor).
WTTNESSETH
WHEREAS, the City requires Contractor to provide Phase Three of a P25 trunked
radio system upgrade for the City of Lubbock as described in Exhibit A - Cost Proposal,
Exhibit B — Statement of Work and Equipment Detail List (a copy of which is incorporated by
reference as if fully set forth), Exhibit C - Insurance Requirements and
WHEREAS, the Contractor is an authorized Hams dealer; and
NOW THEREFORE, for and in consideration of the terms, covenants and conditions
set forth in this contract, the City and the Contractor hereby agree as follows:
ARTICLE I
TERM
The contract shall be for the period required to manufacture, deliver, implement, and test the
two-way radio system P25 upgrade. Upon satisfactory implementation, functional testing and
acceptance by the City of Lubbock, this system upgrade will conclude.
ARTICLE II
COMPENSATION
Contractor shall be paid in accordance with pricing in Exhibit A, attached hereto.
ARTICLE III
TERMINATION
A. General. City may terminate this contract, for any reason, upon Thirty (30) days notice to
Contractor in accordance with Article XI of this Contract.
B. Termination and remedies. In the event the Contractor breaches any term and/or provision
of this Contract the City shall be entitled to exercise any right or remedy available to it at
law or equity, including without limitation, immediate termination of this Contract and
Two -Way Radio System Upgrade
assertion of action for damages and/or injunctive relief. The exercise of any right or
remedy shall not preclude the concurrent or subsequent exercise of any other right or
remedy and all other rights and remedies shall be cumulative.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
A Existence. Contractor is a corporation duly organized, validly existing, and in good
standing in the State of Texas.
B. Corporate Power/Authorization. The Contractor represents that the corporate
representative designated to execute this document on the Contractor's behalf has full
and complete authority to bind the Contractor, and that he is vested through the
corporate Bylaws to enter into this Agreement and to perform its duties under this
Agreement. This Contract constitutes legal, valid, and binding obligations of the
Contractor and is enforceable in accordance with the terms thereof.
ARTICLE V
SCOPE OF WORK
A. General. Contractor responsibilities and City of Lubbock responsibilities are listed in
Exhibit A, B and C.
B. Except as provided herein, the Contractor agrees to assign to the CITY any warranty
on equipment or software provided by the manufacturer or developer thereof.
C. Contractor agrees to use its best effort to make all equipment in the detailed
equipment list available to perform this contract, unless like equipment is substituted
by the manufacturer.
ARTICLE VI
INDEMNITY
Contractor shall indemnify, defend, and hold harmless the City, its agents, officials and
employees, against all injuries, deaths, loss, damages, claims, patent claims, suits,
liabilities, judgments, costs and expenses, which may arise or accrue against the City as a
result of the award of this Contract, to the extent it is caused by the negligence or
omission of the Contractor or its employees, or of the subcontractor or assignee or its
employees.The Contractor shall, at its own expense, appear defend and pay all costs
incurred by the City associated with the Claim, and, if any judgment shall be rendered
against the City in any such action, the Contractor shall, at its own expenses, satisfy
discharge of the same. The Contractor will have no indemnity liability for the negligence
or fault of the City. Contractor expressly understands and agrees that any bond, if
required by this Contract, or otherwise provided by Contractor, shall in no way limit the
responsibility to indemnify and hold harmless the City as herein provided.
ARTICLE VII
Two -Way Radio System Upgrade 2
INDEPENDENT CONTRACTOR STATUS
Contractor and City agree that Contractor shall perform the duties under this Contract as an
independent contractor. The Contractor has the sole discretion to determine the manner in
which the services are to be performed. The City reserves the right to request the a replacement
of Project Manager and any other team member that the City fills that is not performing to the
level of standards necessary for this project.
ARTICLE VIII
EMPLOYMENT OF AGENTS
Contractor may employ or retain agents, consultants, subcontractors, or third parties, to
perform certain duties of Contractor under this Contract, provided that Contractor is in no way
relieved of any obligation under this Contract.
ARTICLE IX
COMPLIANCE WITH APPLICABLE LAWS
Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, manner or form, to the activities under this Contract,
and any amendments thereto.
ARTICLE X
CONFIDENTIALITY
Contractor shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without
prior written consent of the City, unless otherwise required by law.
ARTICLE XI
NOTICE
A. General. Whenever notice from Contractor to City or City to Contractor is required or
permitted by this Contract and no other method of notice is provided, such notice shall
given by: (1) actual delivery of the written notice to the other party by hand: (2) facsimile,
or other reasonable means (in which case such notice shall be effective upon delivery); or
(3) by depositing the written notice in the United States mail, properly addressed to the
other party at the address provided in this article, registered or certified mail, return receipt
requested, in which case such notice shall be effective in the third business day after such
notice is so deposited.
B. Contractor's Address. Contractor's addresses and numbers for the purpose of placing this
order or change orders:
Attn: Richard Kirian
Two -Way Radio System Upgrade 3
Director, New Mexico and West Texas Region
Dailey -Wells Communication, Inc.
801 Piedra Vista NE
Albuquerque, New Mexico 86123
Telephone: (505) 453-2029
Facsimile: (505) 292-1943
Toll Free: (888) 311-9832
E-mail: rkirian(@,DWCoinm.com
or
Attn: Jim Sawyer
Director of Corporate Sales
Dailey -Wells Communication
3440 E. Houston St.
San Antonio, TX 78219
Telephone: (210) 893-6701
Facsimile: (210) 893-6702
E-mail: jsawyer@DWComm.com
Purchase Orders Should be addressed to:
Order Department
Dailey -Wells Communications
3440 E. Houston St.
San Antonio, Texas 78219
All Receivables
Accounts Receivables
Dailey -Wells Communications
3440 E. Houston St.
San Antonio, Texas 78219
ARTICLE XII
MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted in this
Contract strictly for the parties' convenience in identifying the provisions to this
Contract and shall not be given any effect in construing this Contract.
B. Audit. Contractor shall provide access to its corporate books and records to the City.
The City may audit, at its expense and during normal business hours, Contractor's
books and records with respect to this Contract between the Contractor and City.
Two-way Radio System Upgrade 4
C. Records. Contractor shall maintain records that are necessary to substantiate services
provided by the Contractor.
D. Assignability. This Agreement may not be assigned by either party without the
written consent of the other party.
E. Successor and Assigns. This Contract binds and inures to the benefit of the City,
Contractor, and their respective successors, legal representatives, and assigns.
F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS. THE PARTIES HERETO IRREVOCABLY CONSENT TO THE
EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE
OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL
PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR
THE ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or ineffective
by any court of competent jurisdiction with respect to any person or circumstances,
the remainder of this Contract and the application of such provision to persons and/or
circumstances, other than those with respect to which it is held invalid or ineffective,
shall not be effected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Contract
shall be binding unless such amendment, modification or alteration is in writing, dated
subsequent to this Contract, and duly executed by the Contractor and City.
I. Entire Agreement. This Contract, including Exhibits A, B and C hereto, contains the
Entire Contract between the City and Contractor, and there are no other written or
oral promises, conditions, warranties, or representations relating to or affecting the
matters contemplated herein.
J. At any time during the term of the contract, or thereafter, the City, or a duly
authorized audit representative of the City or the State of Texas, at its expense and at
reasonable times, reserves the right to audit Contractor's records and books relevant to
all services provided to the City under this Contract. In the event such an audit by the
City reveals any errors or overpayments by the City, Contractor shall refund the City
the full amount of such overpayments within thirty (30) days of such audit findings,
or the City, at its option, reserves the right to deduct such amounts owing the City from
any payments due Contractor.
K. The City reserves the right to exercise any right or remedy to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms
of relief in a court of competent jurisdiction. Further, the City shall not be subject to
any arbitration process prior to exercising its unrestricted right to seek judicial remedy.
Two -Way Radio System Upgrade 5
L. The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision in,
or related to, this document, this provision shall control.
M. All funds for payment by the City under this contract are subject to the availability of an
amual appropriation for this purpose by the City. In the event of nonappropriation of
funds by the City Council of the City of Lubbock for the goods or services provided under
the contract, the City will terminate the contract, without termination charge or other
liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this contract is spent, whichever
event occurs first. If at my time funds are not appropriated for the continuance of this
contract, cancellation shall be accepted by the Seller on thirty (30) days prior written
notice, but failure to give such notice shall be of no effect and the City shall not be
obligated under this contract beyond the date of termination.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUBBOCK
G C. obertson, Mayor
ATTEST:
Rebtat Garza, City Secre
APPROVED AS TO CONTENT:
Mark Yea ood, A sistanl ily Manager/
Chief Information Officer
i
T.Wuy R dun System Upgrade
C TRACTOR
B .
udtorized Represeotative
Print Name:I lcM
Title:1�)11ZSIC'$" % Q t- SnL}i 3
EX IT A
COST PROPOSAL
Two -Way Radio System Upgrade
C.� ! r3�
�04/-q Lubbock
City of Lubbock EDACS to P2S Migration Quote
Dailey Wells Communications is pleased to offer the City of Lubbock the following P25 System
Expansion. This expansion is the Third Phase of the EDACS to P25 Migration the City began in 2012.
This expansion will add 12 Symphony Dispatch Consoles, as well as new mobile and portable radios to
the system.
P25 System Migration - Third Phase Expansion
Included in this Third Phase are the following:
• 12 Symphony Dispatch Consoles
• 400 M5300 Mobiles
0 250 XG-75 Portables Radios
0 350 XG-25 Portable Radios
• Installation services for the Symphony Consoles
Terminal Trade -In
As with the City's initial (First Phase) P25 Migration purchase, DWC recognizes the City has invested
money in P25 Phase 1 radios, and is providing the City EDACS features and P25 Phase 2 features in the
XG-75 portable with the trade in of a P7100 or P5100 radio. DWC is also providing P25 Phase 2 features
in the M5300 mobile, with the trade in of a M7100 radio.)
/S ubbo& l
,i,.l
City of Lubbock EDACS to P25 Migration Quote
COST PROPOSAL SUMMARY
Svstem Infrastructure
DESCRIPTION
Qty.
UNIT SALE
EXT. SALE
Dispatch Console Equipment
1
$ 424.900.64
$ 424 900.65
Install Services
1
$ 48,000.00
$ 48,000.00
SUB TOTAL
$ 472,900.65
Terminal Upgrades
DESCRIPTION
City.
UNIT SALE
EXT. SALE
M5300 Mobile — Scan Trunk Mount
400
$ 3,163.75
$1,337,500.00
XG-75 Portable, Black - Police Department
250
$ 2,858.75
$ 714,687.50
XG-25P Portable Radios
350
$1,895.00
$ 663.250.00
See note below regarding trade in special. SUBTOTAL
1 $ 2,715 437.50
GRAND
TOTAL $ 3,188 338.15
NOTE:
• Radio Programming and Mobile Installations are not included.
• P5100, P7100 and M7100 Trade-in program good for 2 years after receipt of initial (First Phase)
P25 Infrastructure order.
• XG-75 Pricing Requires trade-in of P5100 or P7100 portable radio.
• Terminals 2 year warranty
• Terms: Milestone Payments based on Project Schedule
• Harris terminals certified for P25 Phase II: P7300, XG-75, XG-25, P5500, XG-100P, M7300,
and Unity Mobile.
EXHIBIT B
STATEMENT OF WORK AND
DETAILED EQUIPMENT LIST
Two -Way Rudio System Upgrade
1
S �i�--U%Ock
City of Lubbock EDACS to P25 Migration Quote
Statement of Work
Dailey Wells Communications (DWC) will stage, test, deliver and install the equipment stated in the
Equipment List section of this document, with the exception of the Antenna equipment.
An implementation and milestone payment schedule will be worked out between the City and DWC.
Staging
DWC will setup and test the proposed dispatch equipment, in San Antonio, as much as possible.
DWC will deliver the equipment to Lubbock and install it in each of the locations designated below.
Installation
Municiaal Square (Police Disuatch)
DWC responsibility:
Install and Connect to the existing VIDA Premier NSC the following equipment:
o C3 Maestro / Symphony Dispatch Console — Qty 7
0 1921 Router and Ethernet Switch (Configure redundant with existing Migration Gateway
Router and Ethernet Switch)
o Install a quantity of 2 CAT5 Ethernet cables from the Radio Equipment Room to each
Dispatch Console location.
City responsibility:
Provide a second WAN address and connection to enable the redundant router.
Provide Egress from the Dispatch Floor to the Radio Equipment Room to allow for Ethernet
Cabling between the Dispatch consoles and Radio System Ethernet Switches.
Fire Dispatch
DWC responsibility:
• Install and Connect to the existing VIDA Premier NSC the following equipment:
o C3 Maestro / Symphony Dispatch Console — Qty 3
o Redundant 1921 Routers and Redundant Ethernet Switches and connect to WAN
o Install a quantity of 2 CAT5 Ethernet cables from the Ethernet Switches to each Dispatch
Console location.
City responsibility:
'y
S lubb`rek
City of Lubbock EDACS to P25 Migration Quote
Provide WAN address and connectivity from Fire Dispatch to the VIDA Cores located at
Municipal Square and the Municipal Building.
Provide Egress from the Dispatch Floor to the Radio Equipment Room to allow for Ethernet
Cabling between the Dispatch consoles and Radio System Ethernet Switches.
Provide Space to install the DWC provided Routers and Ethernet Switches.
Lubbock Power & Liaht
DWC responsibility:
• Install and Connect to the existing VIDA Premier NSC the following equipment:
o C3 Maestro / Symphony Dispatch Console — Qty 2
o Redundant 1921 Routers and Redundant Ethernet Switches and connect to WAN
o Install a quantity of 2 CAT5 Ethernet cables from the Ethernet Switches to each Dispatch
Console location.
City responsibility:
• Provide WAN address and connectivity from LP&L to the VIDA Cores located at Municipal
Square and the Municipal Building.
• Provide Egress from the Console Equipment to the Router and Switch Room to allow for
Ethernet Cabling between the Dispatch consoles and Radio System Ethernet Switches.
• Provide Space to install the DWC provided Routers and Ethernet Switches.
DAILEY-WELLS COMMUNICATIONS, INC.
3440 E. Houston St. San Antonio, TX 78219
To: City of Lubbock
From: Richard Kirian, 505-453-2029, rkirian@dwcomm.com
Date: 9/16/2014
PRODUCT - SYSTEM UPGRADE - THIRD YEAR
ITEM
PART NUMBER
IDESCRIPTION
Onty.
UNIT LIST
DISC. %
UNIT SALE
EXT. SALE
DISPATCH CONSOLE EQUIPMENT
1
NS-SG2B
License Console
12
$ 1,000.00
25%
$ 750.00
S 9.000.00
2
NS-SG2C
License, Console Talkpath
72
$ 250.00
25%
S 187.50
$ 13.500.00
3INS-SG7R
License, NSS, IP Loggin Recorder
1
IS 2.100.00
25%
S 1.575.00
$ 1,575.00
4
NS-SG7S
License, NSS, Logging Recorder Talkpath
30
$ 1,000.00
25%
$ 750.00
$ 22,500.00
5
VSCR28
Router,1921.Advanced Securi ,AC Power
5
$ 2,256.49
5%
$ 2,143.67
S 10.718.35
6
r9
VS-MN3E
Kit, Mounting. Hardware, 1921 Rouer
5
S 65.72
5%
$ 62.43
S 312.15
7
VSCU3H
Switch.Cisco 2960
5
$ 1,454.57
5%
S 1.381.84
S 6.909.20
8
VSMA6N
Kit, Mt Hdwr, CISCO 2960 MASTR III/V Cab
5
$ 69.86
5%
$ 66.39
$ 331.95
UD-ZN2B
Console, MIP, Bundle, Symphony Hdwr Encrypt
12
$ 35,995.00
25%
$ 26,996.25
$ 323.955.00
10
UD-AB1A
Speaker, NANO. Symphony
24
$ 295.00
5%
$ 280.25
S 6.726.00
11
UD-CU6T
Monitor, 21.5" Class. High Def
12
$ 875.00
5%
$ 831.25
$ 9.975.00
12
LID-A61 K
Cable, Displayport to DVI-D, 10 It
12
$ 40.00
5%
$ 38.00
$ 456.00
13
UD-AB1F
Mouse, Optical. USB, Scroll Wheel
12
$ 15.00
5%
$ 14.25
$ 171.00
14
UD-AB1G
Keyboard, 104 Key. USB, HUB
12
$ 65.00
5%
$ 61.75
$ 741.00
15
UD-AB1D
Single Footswitch, USB, Symphony
12
$ 255.00
5%
$ 242.25
$ 2.907.00
16
UD-AB1M
Desk Mic, D139
12
$ 245.00
5%
$ 232.75
$ 2,793.00
17
UD-AB1B
Jack Box, 6-Wire
24
$ 450.00
5%
$ 427.50
$ 10,260.00
18
CM-022218-001101
License,Vocoder
12
$ 100.00
25%
$ 75.00
$ 900.00
19
CM-022216-001400
Feature Licenses Kit
12
$ 100.00
25%
$ 75.00
$ 900.00
20
MM2000D
Manual, with Symphony, CD
12
$ 25.00
10%
is 22.50
$ 270.00
SUBTOTAL
$ 424,900.65
SERVICES
1
SERVICES
Engineer, Stage. and Install System Expansion
1
$ 48.000.00
0%
$ 48.000.00
$ 48.000.00
SUBTOTAL
$ 48,000.00
POLICE AND FIRE DEPARTMENT MOBILE RADIOS
M5300 SCAN TRUNK MOUNT
1
MAHK-S8MEX
Mobile,M5300,800MHz,EDACS Utility
400
$ 2,375.00
25%
$ 1,781.25
$ 712,500.00
2
MAHK-PKUPT
Feature.Upgrade to P25 Trunkin
400
$ 750.00
25%
$ 562.50
S 225.000.00
3
HK-PL4F
Feature, P25 Phase 2. TDMA
400
n/c
25%
n/c
n/c
4
HK-PL4U
Feature, Single -Key DES Encryption
400
n/c
25%
n/c
n/c
5
MAHK-NPL7Z
Feature,512 Systems/Groups
400
n/c
25%
n/c
n/c
6
MAHK-NCP9E
Control Unit,CH721,Scan,Remote Mount
400
$ 720.00
25%
$ 540.00
$ 216,000.00
7
MAHK-NZN7R
Accessories,Remote Mount
400
$ 360.00
25%
$ 270.00
$ 108.000.00
8
MAHK-NMC7Z
Micro hone,Standard,CH721 Control Unit
400
$ 80.00
25%
S 60.00
$ 24.000.00
9
AN-225001-004
Antenna.Element.700/800 2dB Low ProFile
400
$ 60.00
25%
$ 45.00
$ 18.000.00
10
AN-125001-002
Antenna.Base,Standard Roof Mnt Low Loss
400
$ 80.00
25%
IS 60.00
$ 24.000.00
11
FREIGHT
Freight from San Antonio. Texas
400
$ 25.00
0%
Is 25.00
$ 10.000.00
SUBTOTAL
$ 1,337,500.00
POLICE DEPARTMENT
PORTABLE RADIOS - BLACK
XG-75 SYSTEM PORTABLE RADIOS
1
EVXG-PF78M
Portable,XG-75.764-870 MHz, System. Mid-Blk
250
$ 2,205.00
25%
$ 1.653.75
$ 413,437.50
2
MAEV-PKGPT
Feature Packa e,P25 Trunkin
250
$ 1.100.00
25%
$ 825.00
S 206.250.00
3
MAEV-PKGED
Feature Packa e,EDACS Trunkin
250
n/c
25%
n/c
n/c
4
EVXG-NPL4F
Feature, P25 PHASE 2 TDMA
250
n/c
25%
n/c
n/c
5
EV-PL4U
Feature, Single -Key DES Encryption
250
n/c
25%
n/c
nlc
6
MAEV-NPL3R
Feature,Max 1024+ System/Groups
250
n/c
25%
n/c
n/c
7
MAEV-PA2U
Baftery.Li-Polymer.3600 mAH
250
$ 140.00
25%
$ 105.00
S 26.250.00
8
MAEX-NNC1K
Antenna,806-87OMHz.Whip
250
$ 25.00
25%
$ 18.75
S 4,687.50
9
MAEV-NAE9D
Speaker Microphone
250
$ 135.00
25%
$ 101.25
S 25,312.50
10
MAEV-NHC2C
Case.Leather,w/Belt Loo ,P7300
250
$ 60.00
25%
$ 45.00
$ 11,250.00
11
MAEV-NCH9T
Cha er.Sin Ie,Tri-Chem
250
$ 120.00
25%
$ 90.00
$ 22.500.00
12
FREIGHT
Frei ht from San Antonio, Texas
250
$ 20.00
0%
$ 20.00
$ 5,000.00
SUBTOTAL
$ 714,687.50
PORTABLE RADIOS - XG-25P
XG-25P PORTABLE RADIO
1
DPXG-PB78B
Portable,XG-25P,764-870MHz,Scan
350
$ 11100.00
25%
$ 825.00
$ 288.750.00
2
DP-PL7Z
Feature,512 Systems/Groups
350
no charge
25%
n/c
n/c
3
DP-PL4U
Feature, Single -Key DES Encryption
350
no charga
25%
n/c
n/c
4
DP-PKGPT
Feature Packa e.P25 Trunking
350
$ 750.00
25%
$ 562.50
$ 196,875.00
5
DP-PL4F
Feature,P25 Phase 2, TDMA
350
$ 250.00
IS
25%
$ 187.50
$ 65,625.00
6
DP-PA9Y
Batte ,Li-Ion,2000mAH
350
$ 100.00
25%
$ 75.00
$ 26,250.00
7
MAEX-NNClK
lAntenna,806-87OMHz.Whip
350
25.00
25%
$ 18.75
$ 6,562.50
8
DP-HC7P
Belt Cli ,Metal
350
$ 20.00
25%
$ 15.00
$ 5,250.00
9
DP-AE9D
Speaker Microphone
350
$ 135.00
25%
S 101.25
$ 35.437.50
10
DP-CH4G
Charger, single unit, Tri-chemistry
350
$ 120.00
25%
$ 90.00
$ 31.500.00
11
FREIGHT
Freight from San Antonio. Texas
350
$ 20.00
0%
$ 20.00
$ 7,000.00
SUBTOTAL
$ 663,250.00
TOTAL SYSTEM EXPANSION, CONSOLE, SERVICES, AND USER EQUIPMENT1
$ 3,188,338.15
EXHIBIT C
INSURANCE REQUIREMENTS
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish
a completed Insurance Certificate to the City, which shall be completed by an agent
authorized to bind the named underwriter(s) to the coverage's, limits, and termination
provisions shown thereon, and which shall furnish and contain all required information
referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR
PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE(S) HAVE
BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this
section during the effective period of the contract and to require adjustment of insurance
coverage's and their limits when deemed necessary and prudent by the City based upon
changes in statutory law, court decisions, or the claims history of the industry as well as the
Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such
amounts as are approved by the City, the Contractor shall obtain and maintain in full force
and effect for the duration of this contract, and any extension hereof, at Contractor's sole
expense, insurance coverage written by companies approved by the State of Texas and
acceptable to the City, in the following type(s) and amount(s):
TYPE
General Liability
General Aggregate
Product-Comp/Op Agg
Contractual Liability
Automotive Liability
Combined Single Limit
Any Auto
Workers Compensation
Or
Employer's Liability
Medical & Disability
AMOUNT
$1,000,000
$1,000,000
Statutory Amounts
or Occupational $500,000
The City of Lubbock shall be named as additional insured on General Liability with a
waiver of subrogation in favor of the City on all coverage's.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the
policies and all endorsements thereto and may make any reasonable request for deletion,
revision, or modification of particular policy terms, conditions, limitations, or exclusions
(except where policy provisions are established by law or regulation binding upon either of
Two-way Radio System Upgradc 9
the parties hereto or the underwriter of any of such policies). Upon such request by the City,
the Contractor shall exercise reasonable efforts to accomplish such changes in policy
coverage's, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance
contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or
its attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as
additional insured, (as the interest of each insured may appear) as to all applicable
coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material
change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers,
employees, and elected representatives for injuries, including death, property damage,
or any other loss to the extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of
care together with the indemnification provision, shall be underwritten by contractual
liability coverage sufficient to include such obligations within applicable policies.
f. All copies of the Certificates of Insurance shall reference the project name or
proposal number for which the insurance is being supplied.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give
such notices not less than 30 days prior the change, which notice must be accompanied by a
replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing & Contract
City of Lubbock
1625 131h Street, Room 204
Lubbock, Texan 79401
SECTION D. Approval, disapproval, or failure to act by the CIty regarding any insurance supplied by
the Contractor shall not relieve the Contractor of full responsibility or liability for damages and
accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of
liability by the Insurance company exonerate the Contractor from liability.
Two-way Radio System Upgrade 10
Page - 1
City of Date - 9/10/2021
i,�j
Lubbock PURCHASE ORDER
TEXAS Order Number 10024396 000 OP
Branch/Plant 5711
TO: AXON ENTERPRISE, INC
17800 N 85TH STREET
SCOTTSDALE AZ 85255
SHIP TO: CITY OF LUBBOCK
POLICE DEPARTMENT
916 TEXAS AVENUE
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 B
RMWKI rez, Director of Purchasing & Contract Management
Ordered 9/10/2021 Freight
Requested 9/24/2021 Taken By
Delivery E SANCHEZ RQE 57783
SOLE SOURCE/PUR 16123
K MORGAN
If you have any questions about this order, please contact Elisa Sanchez at 806-775-2755 or via email at Sancheze@mail.ci.lubbock.tx.us
Description/Supplier Item Ordered Unit Cost —UM Extension Request Date
Taser 60 Year Payment 4 1.000 206,100.0000 EA 206,100.00 9/24/2021
INV5001513
X2 Unlimited Tax Date 7-14-21
Total Order
Terms NET 30
206,100.00
This purchase order encumbers funds in the amount of $206,100 awarded to Axon Enterprise, Inc. of
Scottsdale, AZ, on September 15 2021. The following is incorporated into and made part of this
purchase order by reference: Invoice Number INUS001513 dated July 14, 2021, from Axon Enterprise, Inc. of
Scottsdale, AZ. Resolution # 0 iLj- R Q 3T I
CITY OF L OCK
Daniel M. Pope, ayor
ATTEST:
udkt, -�'K
Rebecca karza, City Secretary
Rev. 1/2020
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
ACCEPTANCE OF THIS PURCHASE ORDER
CONTRACTOR ACKNOWLEDGES. by supplwne any Goods or Services that the Contractor has read. fully
understands, and will be in full comoliance with all terms and conditions and the descriptive material contained
herein and any additional associated documents and Amendments. The City disclaims any terms and conditions
provided by the Contractor unless aereed upon in writine by the names. In the event of conflict between the
City's terns and conditions and any terms and conditions provided by the Contractor. the terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the
parties. and any prior confiictinp terms shall be of no force or effect.
I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice.
Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address,
(b) Consignee's name, address and purchase order or purchase release number and the supply agreement number
if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number
of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods
shall be suitably packed to secure lowest transportation costs and to conform with requirements of common
carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments
not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under
reservation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer
actually receives and takes possession of the goods at the point or points of delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply
with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does
not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming
tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer
of his intention to cure and may then make a conforming tender within the contract time but not afterward.
5. INVOICES & PAYMENTS. a. S e I I e r shall submit separate invoices, in duplicate, one each purchase
order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release
number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges,
if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should
be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas
79457. Payment shall not be due until the above instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to
Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered
or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of
Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or
amending, or the making of any determinations with respect to the performing of such a contract. In the event
this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other
rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any
special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order,
such special tooling equipment and any process sheets related thereto shall become the property of the Buyer
and to the extent feasible shall be identified by the Seller as such.
8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid
which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind
and specification covered by this agreement for similar quantities under similar of like conditions and methods
of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the
Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without
liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency
has been employed or retained to solicit or secure this contract upon an agreement or understanding for
commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established
commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of
vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this
contract without liability and to deduct from the contract price, or otherwise recover without liability and to
deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage
or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do
so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will
conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished
by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the
specifications shall govem. Notwithstanding any provisions contained in the contractual agreement, the Seller
represents and wan -ants fault -free performance and fault -free result in the processing date and date related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware
products delivered and services provided under this Contract, individually or in combination, as the case may
be from the effective date of this Contract. The obligations contained herein apply to products and services
provided by the Seller, its sub- Seller or any third party involved in the creation or development of the products
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the
obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the
law and under this Contract including, but not limited to, its right pertaining to termination or default. The
warranties contained herein are separate and discrete from any other warranties specified in this Contract,
and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability
which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated
in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards
promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the
event the product does not conform to OSHA standards, Buyer may return the product for correction or
replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a
reasonable time, correction made by Buyer will be at the Seller's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As par of this contract for sale Seller
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement
will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no
warranty that the production of goods according to the specification will not give rise to such a claim, and in no
event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of
infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the
Buyer to this effect in writing within two weeks after the signing ofthis agreement If Buyer does not receive
notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If
Seller in good faith ascertains the production of the goods in accordance with the specifications will result in
infringement or the like, the contract shall be null and void.
12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the
availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will
terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal
year or when the appropriation made for the then -current year for the goods or services covered by this contract
is spent, whichever event occurs first If at any lime funds are not appropriated for the continuance of this
contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give
such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of
termination.
13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting
them.
14 CANCELLATION Buyer shall have the right to cancel for default all or any part of the undelivered
portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
lieu of any other remedies which Buyer may have in law or equity.
15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the
Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery
of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the
order is terminated and the date upon which such termination becomes effective. Such right or termination is
in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein.
16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment
of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the
party whose performance is interfered with, and which by the exercise of reasonable diligence said party is
unable to prevent.
IT ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of
any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or
delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformitywith
this paragraph.
IS. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part
by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration and is in writing signed by the aggrieved party.
19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer in its advertisement for bids, and any other documents provided by
Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also
as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the
Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control.
20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherever
the term "Uniform Commercial Code' is used, it shall be construed as meaning the Uniform Commercial
Code as adopted in the State of Texas as effective and in form on the date of this agreement.
21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question
the other parry's intent to perform he may demand that the other party give written assurance of his intent to
perform. to the event that a demand is made and no assurance is given within five (5) days, the demanding
party may treat this failure as an anticipatory repudiation of thecontract.
22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and
employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs
and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract
or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was
caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its
employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys
and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment
shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and
discharge the same Seller expressly understands and agrees that any bond required by this contract, or
otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the Buyer as herein provided.
23. TIME It is hereby expressly agreed and understood that time is of the essence for the performance of
this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to
be in default of this agreement.
24. MBE The City of Lubbock hereby notifies all bidders that in regard to any contract entered into
pursuant to this request, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race, color,
sex or natural origin in consideration for an award.
25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising
its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and another provision
in, or related to, this document, [his provision shall control.
26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly
authorized audit representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractors records and books relevant to all services provided to the City under
this Contract In the event such an audit by the City reveals any erors or overpayments by the City,
Contractor shall refund the City the full amount ofsuch overpayments within thirty (30) days of such
audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any
payments due Contractor.
27. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent
from the Director of Purchasing and Contract Management.
28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization
Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into
a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or
provide supplies or service with Iran, Sudan or a foreign terrorist organization
29. Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a
governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested
parties at the time the business entity submits the signed contract to the governmental entity or state agency.
Instructions for completing Form 1295 are available at: Iri[u: I-. ci.I ubbxx [. tx. us drparmcp[al-
websilesdcPartmews.purchasinc. vendor-1 n fo rrmal ion
30. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies
that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will
not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any
facts that make it exempt from the boycott certification in its Response.
31. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization
Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering
into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with
or provide supplies or service with ban, Sudan or a foreign terrorist organization
32. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the
contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
33. Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the
following email address for which public information requests may be made by an emailed request:
,e nr,eraylyti _kyi. Please send this request to this email address for it to be processed.
REV. 1 2020
Invoice copy
Axon Enterprise Inc.
Invoice ID
INUS001513
PO BOX 29661
Date
14-Jul-21
DEPARTMENT 2018
_
PHOENIX, AZ 85038-9661
page
1 of 2
Ph: 1-480-991-0797, option 5, option 1
Sales Order
ri i i a)x
Requisition
www.axon.com
Your Ref
TIN: 86-0741227
Our Ref
Payment
Net 30 days
Invoice Account
105329
Terms of Delivery
FCA
BILL TO
SHIP TO
Lubbock Police Department - TX
Lubbock Police Department - TX
PO Box 2000
508 Davis Dr
Lubbock, TX 79457-0001
Lubbock, TX 79416-2112
USA
USA
Line No. Ship to* Quote No. Item Number Description Quantity Unit Price Amount
1 1 QL-18564131 85703 TASER 60 YEAR 4 PAYMENT: X2 450.00 458.00 206,100.00
UNLIMITED
Tax Date 14-Jul-21
Sales Amount
206,100.00
Misc. Charges
0.00
Discount
0.00
Sales Tax
0.00
Total
206,100.00
Amount Received
0.00
Payment Due 13-Aug-21 BALANCE DUE USD
206,100.00
PAYMENT REMITTANCE INFORMATION
For ACH/EFT Payment:
For Wire Transfers
For Check Payments Mail
For Overnight Check Payments
(Preferred Method)
Mail
Account Name Axon Enterprise, Inc.
Beneficiary Axon Enterprise, Inc
Axon Enterprise, Inc.
Axon Enterprise, Inc.
Account Number 634912729
Account Number 634912729
PO BOX 29661
JPMorgan Chase (AZ1-2170)
Bank Routing No 122100024
Bank Routing No 021000021
DEPARTMENT 2018
Attn: Axon Enterprises 29661-2018
Reference No INUS001513
SWIFT Code CHASUS33
PHOENIX, AZ 85038-9661
1820 E Sky Harbor Circle South,
Reference No INUS001513
Reference No INUS001513
Phoenix AZ 85034
Reference No INUS001513
Please reference the invoice number on your ACH, Wire or Check payment and send to AR@axon.com
Important Note: By selecting the wire transfer payment method, you agree to accept the processing & transaction fees charged by the bank relating
to this wire transfer
Invoice copy
Axon Enterprise Inc.
Invoice ID
INUS001513
PO BOX 29661
Date
14-Jul-21
DEPARTMENT 2018
_
PHOENIX, AZ 85038-9661
Page
2 of 2
Ph: 1-480-991-0797, option 5, option 1
Sales Order
annquirigs2axonxom
Requisition
www.axon.com
Your Ref
TIN: 86-0741227
Our Ref
Payment
Net 30 days
Invoice Account
105329
Terms of Delivery
FCA
BILL TO
SHIP TO
Lubbock Police Department - TX
Lubbock Police Department - TX
PO Box 2000
508 Davis Dr
Lubbock, TX 79457-0001
Lubbock, TX 79416-2112
USA
USA
*Tax Note
Ship -to -address Legend* 1 508 Davis Dr
Lubbock, TX 79416-2112
USA
PAYMENT REMITTANCE INFORMATION
For ACH/EFT Payment:
For Wire Transfers
For Check Payments Mail
For Overnight Check Payments
(Preferred Method)
Mail
Account Name Axon Enterprise, Inc.
Beneficiary Axon Enterprise, Inc.
Axon Enterprise, Inc.
Axon Enterprise, Inc.
Account Number 634912729
Account Number 634912729
PO BOX 29661
1PMorgan Chase (AZ1-2170)
Bank Routing No 122100024
Bank Routing No 021000021
DEPARTMENT 2018
Attn: Axon Enterprises 29661-2018
Reference No INUS001513
SWIFT Code CHASUS33
PHOENIX, AZ 85038-9661
1820 E Sky Harbor Circle South,
Reference No INUS001513
Reference No INUS001513
Phoenix AZ 85034
Reference No INUS001513
Please reference the invoice number on your ACH, Wire or Check payment and send to AR@axon.com
Important Note: By selecting the wire transfer payment method, you agree to accept the processing & transaction fees charged by the bank relating
to this wire transfer