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Home My WebLink AboutResolution - 2018-R0191 - Axon EnterprisesResolution No.2018-R0191 Item No.6.10 June 14,2018 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,Purchase Order No.10019920/Sole Source for the purchase of Tasers,by and between the City of Lubbock and Axon Enterprise,Inc.of Scottsdale, Arizona, and related documents. Said Purchase Order 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 hmP 14 ?ms . ATTEST: Rebecca Garza,City Secretary \ APPROVED AS TO CONTENT: ens,Chief of Police APPROVED AS TO FORM: ^re'ff Hartsell,Assistant City Attorney vwxcdocs/RES.Axon Enterprise,Inc.-PurchaseOrd May 23,2018 DANIEL M.POPE,MAYOR City of Lubbock PURCHASE ORDER Texas TO: AXON ENTERPRISE, INC 17800 N 85TH STREET SCOTTSDALE AZ 85255 Page - 1 Date - 5/23/2018 Order Number 10019920 000 OP Branch/Plant 5713 SHIP TO: CITY OF LUBBOCK POLICE A REESE CENTER 508 DAVIS DRIVE LUBBOCK TX 79416 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvarez, Director o F Purchasing & Contract Management Ordered 5/23/2018 Freight Requested 7/14/2018 Taken By T FLORES Delivery PER J VARGAS REQ 52227 SOLE SOURCE Description/Supplier Item Ordered Unit Cost UM Extension Request Date Taser 60 Year 1 Payment 450.000 258.0000 EA 116,100.00 7/14/2018 Taser 60 X2 Unlimited 5.000 EA 7/14/2018 Handle, Black, Class III 5.000 EA 7/14/2018 Suit, Sim, Model II 2.000 EA 7/14/2018 Inert Simulation Cartridge 50.000 EA 7/14/2018 Cartridge, Performance, Smart, 1,350.000 EA 7/14/2018 Cartridge, Performance, Smart, 1,350.000 EA 7/14/2018 Appm, Battry Pack, Auto Shut 450.000 EA 7/14/2018 Holster, Blackhawk, Right, 400.000 EA 7/14/2018 Holster, Blackhawk, Left, 50.000 EA 7/14/2018 Taser 60 X2 Unlimited 450.000 EA 7/14/2018 Handle, Black, Class III 450.000 EA 7/14/2018 Appm, Battry Pack, Auto Shut 5.000 EA 7/14/2018 Handle, Black, Class III, X2 5.000 EA 7/14/2018 Taser 60 X2 Unlimited 5.000 EA 7/14/2018 Appm, Battery Pack, Auto Shut 5.000 EA 7/14/2018 Total Order Terms NET 30 116,100.00 This purchase order encumbers funds in the amount of $116,100 awarded to Axon Enterprise, Inc. of Scottsdale, AZ, on June 14 , 2018. The following is incorporated into and made part of this purchase order by reference: Quote Number Q-123714-43238.649EK dated May 18, 2018, from Axon Enterprise, Inc. of Scottsdale, AZ. Resolution # 2018-RO 191 CITY OF LUBBOCK ATTEST: Daniel M. Pope, Mayor Rebe t arza, ity ecretary 4k,dk\ AXON Axon Enterprise, Inc. Protect Life. 17800 N 85th St. Scottsdale , Arizona , 85255 United States Phone -(800)978-2737 Sales Representative: Elliott Kelly Phone: +1 5127123580 Email: ekelly@taser.com Fax:+1 4809910791 BILL TO: Lubbock Police Department - TX P.O. BOX 2000 Lubbock, TX 79457 US Year 1 QUOTE: Q-123714-43238.649EK Primary Contact: Greg Stevens (806)775-2750 gstevens@mylubbock.us SHIP TO: Greg Stevens Lubbock Police Department - TX 916 TEXAS AVE. Lubbock, TX 79401 US y Quote Expiration: 06/15/2018 Start Date: 05/15/2018 Payment Terms: Net 30 Delivery Method: Fedex - Ground List Unit Item Description Quantity Net Unit Price Total (USD) Price Axon Plans & Packages 85700 TASER 60 YEAR 1 PAYMENT: X2 UNLIMITED 450 458.00 258.00 116,100.00 Hardware 22002 HANDLE, BLACK, CLASS III, X2 450 0.00 0.00 0.00 80137 TASER 60 X2 UNLIMITED 450 0.00 0.00 0.00 BLACKHAWK, RIGHT, X2, 44HT01BK-R- 22501 400 0.00 0.00 0.00 BOLSTER, 22504 HOLSTER, BLACKHAWK, LEFT, X2, 44HT01 BK-L-B 50 0.00 0.00 0.00 APPM, BATTERY PACK, AUTO SHUT OFF, 22011 450 0.00 0.00 0.00 X2/X26P CARTRIDGE, PERFORMANCE, SMART, TRAINING, 22157 1,350 0.00 0.00 0.00 22151 CARTRIDGE, PERFORMANCE, SMART, 25' 1,350 0.00 0.00 0.00 44550 SUIT, SIM, MODEL II 2 644.00 0.00 0.00 22155 INERT SIMULATION CARTRIDGE, X2 50 49.00 0.00 0.00 Subtotal 116,100.00 Estimated Shipping 0.00 Estimated Tax 0.00 Total 116,100.00 Spares List Unit Item Description Quantity Net Unit Price Total (USD) Price Hardware 22002 HANDLE, BLACK, CLASS III, X2 5 1,170.00 0.00 0.00 80137 TASER 60 X2 UNLIMITED 5 0.00 0.00 0.00 Spares (Continued) Item Description Hardware (Continued) 22011 APPM, BATTERY PACK, AUTO SHUT OFF, X2/X26P Year 2 Item Description Axon Plans & Packages 85701 TASER 60 YEAR 2 PAYMENT: X2 UNLIMITED Year 3 Item Description Axon Plans & Packages 85702 TASER 60 YEAR 3 PAYMENT: X2 UNLIMITED Year 4 Item Description Axon Plans & Packages 85703 TASER 60 YEAR 4 PAYMENT: X2 UNLIMITED Year 5 Item Description Axon Plans & Packages 85704 TASER 60 YEAR 5 PAYMENT: X2 UNLIMITED Quantity List Unit Price Net Unit Price Total (USD) 5 75.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Quantity List Unit Net Unit Price Total (USD) Price 450 458.00 458.00 206,100.00 Subtotal 206,100.00 Estimated Tax 0.00 Total 206,100.00 Quantity List Unit Net Unit Price Total (USD) Price 450 458.00 458.00 206100.00 Subtotal 206,100.00 Estimated Tax 0.00 Total 206,100.00 List Unit Quantity Price Net Unit Price Total (USD) 450 458.00 458.00 206,100.00 Subtotal 206,100.00 Estimated Tax 0.00 Total 206,100.00 List Unit Quantity Price Net Unit Price Total (USD) 450 458.00 458.00 206,100.00 Subtotal 206,100.00 Estimated Tax 0.00 Total 206,100.00 Grand Total I 940,500.00 4k,& AXON Discounts (USD) Quote Expiration: 06/15/2018 List Amount 1,040,463.00 Discounts 99,963.00 Total 940,500.00 "Total excludes applicable taxes and shipping Summary of Payments Payment Amount (USD) Year 1 116,100.00 Spares 0.00 Year 2 206,100.00 Year 3 206,100.00 Year 4 206,100.00 Year 5 206,100.00 Grand Total 940,500.00 TASER60 Terms and Conditions: This quote contains a purchase under the TASER 60 Plan. If your purchase only includes the TASER 60 Plan, CEWs, and CEW accessories, then this purchase is solely governed by the TASER 60 Terms and Conditions posted at: https://www.axon.com/legal/sales-terms-and-conditions, and the terms and conditions of Axon's Master Services and Purchasing Agreement do not apply to this order. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Axon's Sales Terms and Conditions By signing this document, you certify that you have read and agree to the provisions set forth in this document and Axon's Master Services and Purchasing Agreement (MSPA), posted at https://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. You represent that you are legally authorized to sign this Agreement on behalf of your entity. If you do not have this authority, please do not sign this document. Signature: Name (Print): ; (Or write N/ NIA : L Date: Title: o f 'e P of 1%Ire- e Please sign and email to Elliott Kelly at ekelly@taser.com or fax to +1 4809910791 Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com Quote: Q-123714-43238.649EK 'Protect Life'@ and TASERO are registered trademarks of Axon Enterprise, Inc, registered in the U.S. @ 2013 Axon Enterprise, Inc. All rights reserved. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2018-360116 AXON ENTERPRISE, INC. Scottsdale, AZ United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/29/2018 being filed. City of Lubbock Date Acknowledged: i05/29/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 10019920 TASER CEWs and accessories 14 Name of Interested Party BlackRock, Inc. CULLIVAN, JULIE TAYLOR,BRET PARTOVI, HADI MARTZ,JUDY KROLL, MARK CARMONA, RICHARD MCBRADY, MATTHEW SMITH, PATRICK GARNREITER, MICHAEL City, State, Country (place of business) New York, NY United States Scottsdale, AZ United States Scottsdale, AZ United States Scottsdale, AZ United States Scottsdale, AZ United States Scottsdale, AZ United States Scottsdale, AZ United States Scottsdale, AZ United States Scottsdale, AZ United States SCOTTSDALE, AZ United States Nature of interest (check applicable) Controlling I Intermedi X X X X X X X X X X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2of2 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-360116 AXON ENTERPRISE, INC. Scottsdale, AZ United States Date Filed: 05/29/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 05/29/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 10019920 TASER CEWs and accessories 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1 - 4 and 6 if there are interested parties Complete Nos. 1, 2. 3, 5. and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2018-360116 Date Filed: '%29l2018 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. AXON ENTERPRISE. INC. Scottsdale, AZ United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being Iliad. City of Lubbock g Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 10019920 TASER CEWs and accessories 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary BlackRock, Inc. New York, NY United States X CULLIVAN, JULIE Scottsdale, AZ United States X TAYLOR, BRET Scottsdale, AZ United States X PARTOVI, HADI Scottsdale. AZ United Staves X MARTZ, JUDY Scottsdale, AZ United States X KROLL. MARK Scottsdale, AZ United States X CARMONA, RICHARD Scottsdale. AZ United States X MCBRADY, MATTHEW Scottsdale, AZ United States X SMITH, PATRICK Scottsdale. AZ United States X GARNREITER, MICHAEL SCOTTSDALE, AZ United States X Forms provrcteo oy iexas tthics Commission v,vrvR emics.staie.ix us Version V1.0,-352.3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2of2 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-360116 AXON ENTERPRISE, INC Scottsdale, AZ United States Date Filed: Z;1r9(tl',16 2 Name of governmental entity or state agency that is a party to the contractfor which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 10019920 TASER CEWs and accessories 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable( Controlllnq Intermedlary 5 Check only If there is NO Interested Party. ❑ 6 UNSWORN DECLARATION S� 1 My name is _ 0NObI(I (' } tl1 tS C G{ 1—.---------- ------_-___---. and my date off birth is Peet- is 1-7V C)C) N ' 0 51~ S� Scut t60,0 Q A2- , -- 0 Szss (street) (city) (stale) (zip code) I declare under penalty of perjury that the foregoing is true and correct. Executed in . M Cr I C. G cti Co ate of Ar I z on on the ? �( day of M.__c-I_._. 20. 1 _- (month) (year) Signature of awix t eil agent of contracting t tsnwss. enRy f leciara,liI Forms provided by Texas Critics Ccntttnission VAW,- ell resstolec tX.US Version V1.0 5523 City of YLubbock PURCHASE ORDER TEXAS TO: AXON ENTERPRISE, INC 17800 N 85TH STREET SCOTTSDALE AZ 85255 Page - Date - Order Number Branch/Plant 1 9/12/2019 10022313 000 OP 5711 SHIP TO: CITY OF LUBBOCK POLICE DEPARTMENT 916 TEXAS AVENUE LUBBOCK TX 79401 I N VOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BN M�ft A• I re , Director of Purchasing & Contract Management Ordered 9/12/2019 Freight Requested 9/24/2019 Taken By Delivery E SANCHEZ REQ 54489 SOLE SOURCE Description/Supplier Item Ordered Unit Cost UM Taser 60 year 2 payment 1.000 80,917.0000 EA 85701 2017 JAG Grant Funds Taser 60 year 2 payment 1.000 75,188.4600 EA 85701 138.8163 Taser 60 year 2 payment 1.000 49,994.5400 EA 85701 142.8163 Terms NET 30 SGONZALEZ Extension Request Date 80,917.00 9/24/2019 Total Order 75,188.46 9/24/2019 49,994.54 9/24/2019 206,100.00 This purchase order encumbers funds in the amount of $206,100 awarded to Axon Enterprise, Inc. of Scottsdale, AZ, on June 14 , 2019. The following is incorporated into and made part of this purchase order by reference: Invoice Number S1-1602342 dated July 26, 2019, from Axon Enterprise, Inc. of Scottsdale, AZ. Resolution # 2018-RO191 CITY OF LUBBOCK "I" Daniel M. Pope, Mayor ATTEST: kebcca Garza, City Secre ar Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX 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 I 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 goads. 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 recoveror 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 viciation 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 famished 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 govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants 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 part 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 ofgoods 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 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. 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. 17. 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. I S. 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 tight 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 lire 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. Whereever 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 force 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 party's intent to perform he may demand that the other party give written assurance of his intent to perform In 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 the contract. 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 coon 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, this 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 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. 27. HOUSE BILL 2015, House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassifred. (Texas Government Code Section 2155.001). 28. ASSIGNING OR SUBLETTING THE CONTRACT. 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. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th Legislature, created §2252.908, 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: http://www.cilubbock.tx us/departmental-websites/departments/nurchaciny/vendor-information 30, CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance 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 agreed upon in writing by the parties. In the event of conflict between these terms 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 conflicting terms shall be of no force or effect. 31. By accepting this PO, contractor acknowledges that pursuant to Section 2270.002, Government Code, (a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:(l) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.. Rev. 07/19 Invoice Axon Enterprise, Inc. Invoice No PO BOX 29661 Invoice Date DEPARTMENT 2018 Payment Term PHOENIX, AZ 85038-9661 Payment Due Date Ph: (480) 991-0797 Sales Order Fax: (480) 991-0791 Customer account AR@axon.com Purchase Order www.axon.com Customer reference Page 1 of 2 SI-1602342 26-Jul-19 Net 30 25-Aug-19 S0190476156 105329 Year 2 Billing BILL TO: SHIP TO: LUBBOCK POLICE DEPT LUBBOCK POLICE DEPT 916 TEXAS AVE 916 TEXAS AVE LUBBOCK, TX 79401 LUBBOCK, TX 79401 USA USA Item number Description Quantity Unit price [USD]Amount TASER 60 YEAR 2 PAYMENT: X2 UNLIMITED 450 458.00 206,100.00 Please see https://www.axon.com/legal/sales-terms-and-conditions for all sales terms and conditions Invoice Total 206,100.00 Shipping 0.00 Sales Tax 0.00 Total 206,100.00 Amount Received 0.00 BALANCE DUE USD 206,100.00 Continued on next page Invoice Page 2 of 2 Axon Enterprise, Inc. Invoice No SI-1602342 PO BOX 29661 Invoice Date 26-Jul-19 _ DEPARTMENT 2018 Payment Term Net 30 PHOENIX, AZ 85038-9661 Payment Due Date 25-Aug-19 Ph: (480) 991-0797 Sales Order S0190476156 Fax: (480) 991-0791 Customer account 105329 AR@axm Purchase Order Year 2 Billing www.axon.com www.axon.com Customer reference RETURN THIS PORTION WITH YOUR PAYMENT LUBBOCK POLICE DEPT BALANCE DUE 206,100.00 916 TEXAS AVE Currency USD LUBBOCK, TX 79401 USA For ACH Payments: (Preferred Method) For Wire Transfers: For Lockbox Payments Mail To: Account Name Axon Enterprise, Inc. Beneficiary Axon Enterprise, Inc. Axon Enterprise, Inc. Account Number 634912729 Account Number 634912729 PO BOX 29661 Bank Routing/Transit 122100024 Bank Routing/Transit 021000021 DEPARTMENT 2018 Reference Number SI-1602342 SWIFT Code CHASUS33 PHOENIX, AZ 85038-9661 Reference Number SI-1602342 Reference Number SI-1602342 Please reference the invoice number on your ACH, Wire or Check payment 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 End `!"Z* bCiOf boty ck TEXAS PURCHASE ORDER TO: AXON ENTERPRISE, INC PO BOX 29661-2018 PHOENIX AZ 85038-9661 Page - Date - 9/2/2020 Order Number 10023314 000 OP Branch/Plant SHIP TO: CITY OF LUBBOCK 916 TEXAS AVE LUBBOCK TX 79401 E4VOICETO: CrrYOFLUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 �Af LUBBOCK, TX 79457 BY: Matte Alvarez, Director Anchasing&Contmet Manage t Ordered 9/2/2020 Freight Requested 9/16/2020 Taken By J MONTES Delivery R MINEYARD REQ 56288 RESO NO. 2018-R0191 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Taser60. Year 450.000 458.0000 EA 206,100.00 9/16/2020 85702 2x unlimited Terms NET30 206,100.00 This purchase order encumbers funds in the amount of $206,100.00 awarded to Axon Enterprise, Inc. of Scottsdale, AZ, on September 8, 2020. The following is incorporated into and made part of this purchase order by reference contract: Invoice Number SI-167386 dated July 27, 2020 from Axon Enterprise, Inc. of Scottsdale, AZ. Resolution # 2018-RO191 CITY OF LUBBOCK ATTEST: L—f )�� - j 4 Daniel M. Pope. Mayor Rebecca Garza, City 5711 Rev. 1/2020 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX L 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 mum 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 11 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 Seiler 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 Seiler 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 samplc(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants 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. IL NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrm 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 Seiler 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 of this 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 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. 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 terns hereof including warranties of Seiler 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 ofwork under this order maybe 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 tents of provisions of this contract is delayed or prevented by any cause not within the control of the parry whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 17. 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 parry. 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 term 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. Whereever the tern "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 force 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 party's intent to perform he may demand that the other party give written assurance of his intent to perform. In 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 the contract. 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, this 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 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. 27. HOUSE BiLL 2015. House Bill 2015. signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who Fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassifcd. (Texas Government Code Section 2155.001). 28. ASSIGNING OR SUBLETTING THE CONTRACT. 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. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th Legislature, created §2252.908, 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: http:/hvwmv.ci.lubbock.tx. usW=rtmcmal-websites/deoartments/purchasing(vendor-information 30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance 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 agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terns 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 conflicting terns shall be of no force or effect. 31. HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying that:([) The Contractor does not boycott Israel; and(2) The Contractor will not boycott Israel during the term of the Agreement. 32. The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. 33. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, 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. 34. Pursuant to Section 552.234(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: orrra mvlubbock.tm Please send this request to this email address for it to be processed REV. 1 2020 Invoice Axon Enterprise, Inc. Invoice No PO BOX 29661 Invoice Date DEPARTMENT 2018 Payment Term J� PHOENIX,'AZ 85038-9661 Payment Due Date Ph: (480) 491-0797 Sales Order Fax- (480) 991-0791 Customer account AR@axon.com Purchase Order www.axon.com Customer reference Page 1 of 2 SI-1671386 27-Jul-20 Net 30 26-Aug-20 S0200578633 105329 Year 3 Billing BILL TO: SHIP TO: LUBBOCK POLICE DEPT LUBBOCK POLICE DEPT 916 TEXAS AVE 916 TEXAS AVE LUBBOCK, TX 79401 LUBBOCK, TX 79401 USA USA numberItem a u n iUnit rf a IUSDIAmount 85702 TASER '60 YEAR 3 PAYMENT: X2 UNLIMITED 450 458.00 206,100.00 Invoice Total 206,100.00 Shipping 0.00 Please see https'11www.axon.comAegal/sales-terms-and-conditions for all sales terms and conditions Sales Tax 0.00 Total 206,100.00 Amount Received 0.00 BALANCE DUE USO 206,100.00 Account # 138 8163 Continued on next page Invoice Page .2 of 2 Axon Enterprise, Inc. Invoice No SI-1671386 PO BOX 24661 Invoice pate 27-1ul-20 DEPARTMENT 2018 Payment Term Net 30 PHOENIX, AZ 85038-9661 Payment Due Date 26-Aug-20 Ph: (480) 991-0797 Sales Order S620057863 3 Fax: (480) 991-0791 Customer account 105329 AR@axon.com Purchase Order Year 3 Billing www.axon.com Customer reference RETURN THIS PORTION WITH YOUR PAYMENT LUBBOCK POLICE DEPT 916 TEXAS AVE LUBBOCK. TX 79401 USA BALANCE DUE Currency For ACH Payments:(Preferred Method) For Wire Transfers: For Lockbox Payments Mail To: Account Name Axon Enterprise, Inc. Beneficiary Axon Enterprise, Inc. Axon Enterprise, Inc. Account Number 634912729 Account Number 634912729 PO BOX 29661 Bank Routing/Transit 122100024 Bank Routing/Transit 021000021 DEPARTMENT 2018 Reference Number SI-1671386 SWIFT Code CHASUS33 PHOENIX, AZ 85038-9661 Reference Number SI-1671386 Reference Number SI-1671386 Please reference the invoice number on your ACH, Wire or Check payment 206,100.00 USD 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 End ResoluuonNo '01N-R0191 Item No b lu June 14, 20IS' RESOLC 17ON BL 1 I RFSOIA D BY 1111 ('1 I Y ( W \CIL C)F III]- CI hY 01- LL BBOC'K MA] I the MaNur of the City ul Lubbock is hcrebN authorized and directed to eNcculc for and on behalf of the C1l\ of I uhboJ. Purchase ()rder No 10019920Sole Source for the purchase of 1 asers. h} and hemccn ill,:(ll� of Luhhock and Awn I ntcrprisc. Im of Scottsdale. Ancona, and related documents. Said Iurchase (Jrdet is attached hereto and imorporaled m this resolution as it full set torch herein and Shall he Included in the minutes of the Cm ('ounetl Passed b% the Ciq Council on Junc ! L'_Olx DANII I M. POPE. MAYOR AI IES1: 1( era Garza. Cih SecreLtra \PPRO\'hD AS'10 CON I LN I ( repur '.: ens. �e�f of Police \PPRCVH)AS 10PtiR.\I Je17.14hnsrll.:\„isl:url l itt :Uwntc� .a:ccdocs KES.:\wn Lnterpnsc. Inc-11urchaw0id \la\ '_3. 'aIN Print Agenda Item Page 1 of 1 AI-7431 6. 10. Regular City Council Meeting Meeting Date: 06/14/2018 Information Agenda Item Resolution - Police: Consider a resolution authorizing the Mayor to execute Purchase Order Contract 10019920 with Axon Enterprise, Inc., as a sole source provider for TASER Conducted Electrical Weapons (CEW) with accessories, for the Lubbock Police Department. Item Summary The purchase order contract covers the batteries, cartridges, Taser weapons, holsters, and warranty support of the life of the contract. The purchase order contract is for five years. The first year the purchase price is $116,100, which is currently budgeted. The annual amount for the remainder of the four-year contract will be $206,100, which will be submitted in future years' budgeting request to process. Axon Enterprise, Inc., is the sole manufacturer, distributor, and sole authorized repair facility, for the Taser Brand CEW. A sole source procurement is exempt from competitive bidding pursuant to Texas Local Government Code 252.022(a)(7). Fiscal Impact Funding of $116,100 for this purchase is approved in the Criminal Investigation Fund (142.8163). StaffBoard Recommending Gregory W. Stevens, Chief of Police Attachments Resolution - Axon PO 10019920 - Axon PD - Sole Source Letter for Axon http://agenda.ci.lubbock.tx.us/print_ag_memo.cfm?seq=7431 &rev_num=0&mode=External... 9/6/2019