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HomeMy WebLinkAboutItem 19 - Digital EvidenceMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: • RUMBELOW, CITY MANAGER SUBJECT: RESOLUTION FOR A SOLE SOURCE ANNUAL CONTRACT FOR DIGITAL VIDEO SURVEILLANCE EQUIPMENT & VIDEO MANAGEMENT SERVICES City Council to consider approval of a resolution for a sole source annual contract with renewal options for digital video surveillance equipment and video management services from TASER International, Inc. FUNDING SOURCE: Funding for this purchase is currently available in account 117-44540-209-4 (CCPD/ Professional Services) in the amount of $64,195.40. This procurement will be made as a sole source in accordance with Local Government Code Chapter 252, Subchapter B, § 252.022 General Exemptions (a)(7)(A). TASER International, Inc. is the documented sole source provider of the Axon Body Camera and the Evidence.com online storage system. Over the past 8 years, the GPD has been testing body cameras on motorcycle officers. The results show that they aid in gathering evidence and in assessing officer performance. These cameras will enhance the current dash -mounted cameras by adding better audio and more visual perspective. Since we began testing the cameras, they have become fairly common among for use among patrol officers as well. In fact, a bill has been filed in the State Legislature that would mandate the use of them. The captured video evidence is stored on Evidence.com, an online video storage solution owned by TASER, which allows officers to store and view digital video evidence from body cameras. This secure solution protects the video evidence from tampering and catalogs each event for easy retrieval and evidence management. It also provides access to the video by the District Attorney's office which saves evidence and property employees' time by not having them burn video to DVDs then transport those DVDs to 3:00:17 PM 12/11/2014 the DA's office. This offsite storage is also a more cost effective means of storage than adding additional onsite servers which must be maintained by and require rack space. This purchase will provide GPD with 60 Axon Body Cameras with associated docks and hardware, Evidence.com storage space for 60 units, and integration between the Computer Aided Dispatch (CAD) system and Evidence.com. The initial contract is for one year with four optional, one-year renewals at a cost of $66,741 per year. Staff recommends approval. 3:00:17 PM 12/11/2014 17800 N. 85th St., Scottsdale, Arizona 85255' 480-991-0797 * Fax 480-991-0791 * www.TASER.com April 17, 2014 To: United States state, local and municipal law enforcement agencies Re: Sole Source Letter for TASER International, Inc.'s AXON® brand products and EVIDENCE.com services A sole source justification exists because the following goods and services required to satisfy the agency's needs are only manufactured and available for purchase from TASER International. AXON flex TM Camera (DVR) • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones to alert user of usage • High, medium, and low quality recording available (customizable by the agency) • 30 -second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available AXON flex Controller • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Tactical beveled button design for use in pocket AXON body Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones to alert user of usage • High, medium, and low quality recording available (customizable by the agency) • 30 -second buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Tactical beveled button design for use in pocket • 130 -degree lens EVIDENCE.com Dock • Automated docking station uploads to EVIDENCE.com services through Internet connection • No computer necessary for secure upload to EVIDENCE.com • Charges and uploads simultaneously EVIDENCE.com Data Management System • Hosted data management system that allows agencies to seamlessly manage and share digital evidence • No local storage infrastructure or software needed • Controlled access to evidence: pre -defined roles and permissions, pre -defined individuals, and passwords (these options are all completely customizable by the agency) • Automated category -based evidence retention policies assists with efficient database management • Ability to recover deleted evidence within 7 days of deletion • Stores and supports all major digital file types:.mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats • Ability to upload files directly from the computer to EVIDENCE.com via an Internet browser • 256 -bit AES encryption in storage and transport • Storage includes geo-dispersed redundant back-up • Automatically tracks all system and user activity • Generates real-time Audit Reports in PDF format to show chain -of -custody for evidence • Case creation for multiple evidence files • Easily create tags, markers and clips • 11 indexing fields • 7 searchable fields in addition to 5 category -based fields EVIDENCE Mobile Application • Free app for iOS and Android mobile devices • Allows users to capture videos, audio recordings, and photos and upload these files to their EVIDENCE.com account from the field • Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data AXON Mobile Application • Free app for iOS and Android mobile devices • Allows user to view the camera feed from a paired AXON body or AXON flex camera in real-time • Allows for playback of videos stored on a paired AXON body or AXON flex system • Allows adding meta -data to videos, such as: Category, Title, Case ID, and GPS data TASER Professional Services • Dedicated implementation team • Project management and deployment best practices aid • Training and train -the -trainer sessions • Integration services with other systems TASER Customer Support • Online and email -based support available 24/7 • Human phone -based support available Monday—Friday 7:00 AM -5:00 PM MST; support is located in Scottsdale, AZ, USA • Library of webinars available 24/7 • Remote -location troubleshooting 1. AXON body Camera Model: 73002 (Includes 73078, 73077, 73004) AXON body Camera Mounts: • Standard Alligator Clip Holster Model: 73075 • Mini Alligator Clip Holster Model: 73076 • Belt Clips Model: 73077 • Bolted Z -Bracket Holster Model: 73078 • VELCRO Z -Bracket Holster Model: 73079 • Pocket Mount Holster Model: 73089 3. AXON body camera full solution kit Model: 73066 (includes several AXON mounts and an iPod touch mobile digital device) 4. AXON flex Kit Model: 73030 (Includes 73000, 73001, 73005, and 73004) 5. AXON flex Controller Model: 73001 6. AXON flex USB Sync Cable/Wall Charger Model: 73004 TASER (nternalior al, Inc. AXON o!o Source Letter Revised April 17, 2014 Page 2 7. AXON flex Controller Holsters: • Standard Uniform Clip Model: 7300 • Mini Alligator Clip Model: 73035 • Belt Clips Model: 73036 8. AXON flex Camera Mounts: • Clip for Oakley Flak Jacket Glasses Model: 73008 • Collar/Cap/Versatile Mount Model: 73009 • Epaulette Mount Model: 73011 • Helmet Mount Model: 73013 • Low -rider Headband Medium Model: 73010 • Low -rider Headband Large Model: 73058 • Ballistics Vest Mount Model: 73059 • Ratchet Collar Mount Model: 73088 • Shoei Ratchet Helmet Mount Model: 73090 • HJC Ratchet Helmet Mount Model: 73091 9. AXON flex cables: • Straight To Right Angle 18" (45.7 cm) Model: 73022 • Straight To Right Angle 36" (91.4 cm) Model: 73005 • Straight To Right Angle 48" (122 cm) Model: 73023 • Straight Angle to Right Angle 36" (91.4 cm) Coiled Model: 73067 • Straight Angle to Right Angle 48" (122 cm) Coiled Model: 73060 10. EVIDENCE.com Dock Models: • EVIDENCE.com Dock — Individual Bay and Core Model: 70023 • EVIDENCE.com Dock — 6 -Bay and Core Model: 70026 • Core Model: 70027 • Individual Bay Model: 70028 • Wall Mount Bracket Assembly Model: 70033 SOLE AUTHORIZED DISTRIBUTOR FOR: SOLE AUTHORIZED REPAIR FACILITY FOR AXON BRAND PRODUCTS AXON BRAND PRODUCTS TASER International, Inc. TASER International, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 17800 N. 85th Street, Scottsdale, AZ 85255 Phone: 480-905-2000 or 800-978-2737 Phone: 480-905-2000 or 800-978-2737 Fax: 480-991-0791 Fax: 480-991-0791 Please contact your local TASER sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Jeff Kukowski Chief Operating Officer TASER International, Inc. Android is a trademark of Google, Inc. Bluetooth is a trademark of the Bluetooth SIG. Flak Jacket is a trademark of Oakley, Inc. Pod Touch is a trademark of Apple Inc. iOS is a trademark of Cisco. VELCRO is a trademark of Velcro Industries, B.V. AXON flex is a trademarks of TASER International, Inc., and AXON, TASER and (D are registered trademarks of TASER International, Inc., registered in the U.S. All rights reserved. © 2014 TASER International, Inc. ", ..,E.:nre,.'" ationa , Inc. AXON EVe So ice Le' Revised APO 17, 20-1,4 P ag TASER International Protect Truth 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: (480) 658-0673 Tim Hall 817-410-3230 timh@grapevinetexas.gov Bill To: Grapevine Police Dept. - TX 307 W. DALLAS RD. GRAPEVINE, TX 76051 US *Note this will vary based on the shipment date of the product. Year 1 Evidence.com & Hardware Due Net 30 Ship To: Tim Hall Grapevine Police Dept. - TX 307 W. DALLAS RD. GRAPEVINE, TX 76051 US Quote: Q-11722-8 Date: 11/6/2014 4:10 PM Quote Expiration: 12/31/2014 Contract Start Date*: 1/1/2015 Contract Term: 5 years QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC (S) NET TOTAL 60 85069 5 YEAR TASER ASSURANCE PLAN, BODYCAM USD 0.00 USD 0.00 USD 0.00 60 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT 588.00 USD 35,280.00 USD 8,255.40 USD 27,024.60 20 88101 STANDARD EVIDENCE.COM LICENSE: YEAR 1 PAYMENT 300.00 USD 6,000.00 USD 1,404.00 USD 4,596.00 60 73002 CAMERA SYSTEM, AXON BODY 299.00 USD 17,940.00 USD 17,940.00 USD 0.00 10 70026 EVIDENCE.COM, DOCK, SIX CAMERA BAYS +HUB 1495.00 USD 14,950.00 USD 7,475.00 USD 7,475.00 1,200 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0,00 200 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0.00 6,000 85035 EVIDENCE.COM STORAGE 1.50 USD 9,000.00 USD 2,100.00 USD 6,900.00 60 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT 36.00 USD 2,160.00 USD 505.20 USD 1,654.80 1 85056 PREMIUM SERVICE 7500.00 USD 7,500.00 USD 1,755.00 USD 5,745.00 60 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUAL PAYMENT 240.00 USD 14,400.00 USD 3,600.00 USD 10,800.00 Year 1 Evidence.com & Hardware Due Net 30 Total: Year 1 Evidence.com & Hardware Due Net 30 Net Price:USD USD 107,230.00 64,195.40 Page 1 of 4 Spare Hardware QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC ($) NET TOTAL 1 85069 5 YEAR TASER ASSURANCE PLAN, BODYCAM 300.00 USD 0.00 USD 0.00 USD 0.00 1 73002 CAMERA SYSTEM, AXON BODY 588.00 USD 0.00 USD 0.00 USD 0.00 Spare Hardware Total: Spare Hardware Net Price: USD 0.00 USD 0.00 Net 30, 2015 QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC ($) NET TOTAL 20 88201 STANDARD EVIDENCE.COM LICENSE: YEAR 2PAYMENT 300.00 USD 6,000.00 USD -400.80 USD 6,400.80 60 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT 588.00 USD 35,280.00 USD -2,356.80 USD 37,636.80 200 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0.00 1,200 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0.00 6,000 85035 EVIDENCE.COM STORAGE 1.50 USD 9,000.00 USD -600.00 USD 9,600.00 60 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT 36.00 USD 2,160.00 USD -144.00 USD 2,304.00 60 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUAL PAYMENT 240.00 USD 14,400.00 USD 3,600.00 USD 10,800.00 Net 30, 2015 Total: Net 30, 2015 Net Price: USD 66,840.00 USD 66,741.60 Net 30, 2016 QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC ($) NET TOTAL 20 88301 STANDARD EVIDENCE.COM LICENSE: YEAR3PAYMENT 300.00 USD 6,000.00 USD -400.80 USD 6,400.80 60 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT 588.00 USD 35,280.00 USD -2,356.80 USD 37,636.80 200 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0.00 1,200 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0.00 6,000 85035 EVIDENCE.COM STORAGE 1.50 USD 9,000.00 USD -600.00 USD 9,600.00 60 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT 36.00 USD 2,160.00 USD -144.00 USD 2,304.00 60 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUAL PAYMENT 240.00 USD 14,400.00 USD 3,600.00 USD 10,800.00 Net 30, 2016 Total: Net 30, 2016 Net Price: USD 66,840.00 USD 66,741.60 Net 30, 2017 QTY ITEM # DESCRIPTION UNIT Total Before DISC ($) NET TOTAL PRICE Discount 20 88401 STANDARD EVIDENCE.COM LICENSE: 300.00 USD 6,000.00 USD -400.80 USD 6,400.80 YEAR 4 PAYMENT Page 2 of 4 QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC ($} NET TOTAL 60 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT 588.00 USD 35,280.00 USD -2,356.80 USD 37,636.80 200 85035 EVIDENCE.COM STORAGE 588.00 USD 0.00 USD 0.00 USD 0.00 1,200 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0.00 6,000 85035 EVIDENCE.COM STORAGE 1.50 USD 9,000.00 USD -600.00 USD 9,600.00 60 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT 36.00 USD 2,160.00 USD -144.00 USD 2,304.00 60 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUAL PAYMENT 240.00 USD 14,400.00 USD 3,600.00 USD 10,800.00 Net 30, 2017 Total: Net 30, 2017 Net Price: USD 66,840.00 USD 66,741.60 Net 30, 2018 QTY ITEM # DESCRIPTION UNIT PRICE Total Before Discount DISC ($) NET TOTAL 20 88501 STANDARD EVIDENCE.COM LICENSE: YEAR5PAYMENT 300.00 USD 6,000.00 USD -400.80 USD 6,400.80 60 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT 588.00 USD 35,280.00 USD -2,356.80 USD 37,636.80 200 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0.00 1,200 85035 EVIDENCE.COM STORAGE USD 0.00 USD 0.00 USD 0.00 6,000 85035 EVIDENCE.COM STORAGE 1.50 USD 9,000.00 USD -600.00 USD 9,600.00 60 85079 TASER ASSURANCE PLAN ETM/ EVIDENCE.COM DOCK ANNUAL PAYMENT 36.00 USD 2,160.00 USD -144.00 USD 2,304.00 60 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUAL PAYMENT 240.00 USD 14,400.00 USD 3,600.00 USD 10,800.00 Net 30, 2018 Total: Net 30, 2018 Net Price: USD 66,840.00 USD 66,741.60 Subtotal USD 331,161.80 Estimated Shipping & Handling Cost USD 97.18 Grand Total USD 331,258.98 Page 3 of 4 Complimentary Evidence.com Tier Upgrade Through 12/31/2014 This quote contains a purchase of either the Basic or Standard Evidence.com license. You will temporarily receive the features available with the Professional license for the Basic and Standard licenses purchased until December 31, 2014. This is a free upgrade to your account so you can enjoy all the benefits of our most feature rich license tier. In January 2015 you will be prompted to select which users you would like to go in which tiers. This will have no impact on uploaded data. The first year invoice will actually be 53,400. Taser will invoice an extra $2,800 per year for years 2-5 to make up the difference from the discount on year 1. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers or, in the alternative, TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers for Sales with Financing if your purchase involves financing with TASER. If your purchase includes the TASER Assurance Plan (TAP), then you are also agreeing to TASER's current Sales Terms and Conditions for the AXON F1exTM and AXON BodyTM Cameras TASER Assurance Plan (U.S. Only) and/or Sales Terms and Conditions for the X2/X26P and TASER CAM HD Recorder TASER Assurance Plan (U.S. Only), as applicable to your product purchase. All of the sales terms and conditions, as well as, the TAP terms and conditions are posted at http://www.taser.com/sales-terms-and-conditions. If your purchase includes AXON hardware and/or EVIDENCE.com services you are also agreeing to the terms in the EVIDENCE.com Master Service Agreement posted at hM2://www.taser.com/serviceagreementl4. If your purchase includes Professional Services, you are also agreeing to the terms in the Professional Service Agreement posted at htto://www.taser.com/images/sgpport/downloads/downloads/evidence materials/Professional Services Agreement.pd If your purchase includes Integration Services, you are also agreeing to the terms in the SOW posted at http://www.taser.com/integLationstatementofworkl4. 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 TASER that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Signature: Date: Name (Print): PO# (if needed): Title: Please sign and email to Kyle Panasewicz at kylep@taser.com or fax to (480) 658-0673 THANK YOU FOR YOUR BUSINESS! `Protect Life' and © are trademarks of TASER International, Inc., and TASER® is a registered trademark of TASER International, Inc., registered in the U.S. © 2013 TASER Intemational, Inc. All rights reserved. Page 4 of 4 Addendum No. I .rte Professional •• of • s k Agency seeks assistance from TASER for the development of modifications to the EVIDENCE.com services to enable integration with the Agency's current records management system and/or computer aided dispatch system (collectively referred to as RMS). This Addendum No. 1 Professional Services Statement of Work (SOW) is therefore made and entered into by and between TASER International, Inc., a Delaware corporation (TASER), and (Agency) and amends the EVIDENCE.com Master Service Agreement between the parties with an effective date of 20 (MSA). This SOW adds provisions to the MSA related to TASER's provision of Integration Services. All other provisions in the MSA not amended by this SOW remain the same. In consideration of the mutual promises contained in this SOW, TASER and Agency agree to all terms of this SOW effective , 20 (Effective Date). 1. Term. The term of this SOW commences on the Effective Date. The actual work to be performed by TASER is not authorized to begin until TASER receives the signed Quote or your purchase order for the Integration Module Licenses, whichever is first. Once TASER begins the work under this SOW the estimated completion date is .20 2. Scope of Integration Services. The project scope will consist of the development of an integration module that allows the EVIDENCE.com services to interact with the Agency's RMS so that Agency's licensees may use the integration module to automatically tag the AXON recorded videos with a case ID, category, and location. The integration module will allow the Integration Module License holders to auto populate the AXON video meta -data saved to the EVIDENCE.com services based on data already maintained in the Agency's RMS. TASER is responsible to perform only the Integration Services described in this SOW and any additional services discussed or implied that are not defined explicitly by this SOW will be considered out of the scope and may result in additional fees. 3. Pricing. All Integration Services performed by TASER will be rendered in accordance with the fees and payment terms set forth below: a. Agency must purchase an Integration Module License for each officer that uses a TASER AXON camera product. All Integration Module Licenses will be co -termed with the Agency's EVIDENCE.com licenses so that the Integration Module License expires on the same dates as the Agency's EVIDENCE.com licenses. The Integration Module Licenses may only be terminated in accordance with the terms of the MSA. b. Each Integration Module License costs $ per officer per month. c. Agency agrees to make an initial purchase of Integration Module Licenses. d. TASER will invoice Agency for sales or use taxes separately on the invoices. If Agency is exempt from taxation for the Integration Module Licenses, then Agency must submit an exemption certificate. e. TASER will invoice Agency, in accordance with the MSA, for the Integration Module Licenses, and all payments for fees and expenses are due in accordance with the MSA. 4. Primary Contacts. For this SOW the primary contact for each party is as follows: 5. Delivery of Integration Services. a. Support After Completion of the Integration Services. After completion of the Integration Services and acceptance by the Agency, TASER will provide up to 5 hours of support services at no additional charge to the Agency. TASER will also provide support services that result because of a change or error in the EVIDENCE.com services at no additional charge as long as the Agency maintains EVIDENCE.com subscription licenses and Integration Module Licenses, and as long as the change is not required because the Agency changes its RMS. Thereafter, any additional support services provided to the Agency will be charged at TASER's then current standard professional services rate. b. Changes to Services. Changes to the scope of the Integration Services must be documented and agreed upon by the parties in a change order. If the changes cause an increase or decrease in any charges or cause a Deleae® Dmo: 6RLMt6 Page 1 of 4 FR ku Professional Services Statement of Work scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the parties and included in the change order, signed by both parties. c. Delays. If any delays are caused by Agency, Agency will be responsible for any costs incurred by TASER in preparing for the performance of the Integration Services, and TASER will be entitled to recover these costs from Agency, including travel related costs. The non-performance or delay by TASER of its obligations under this SOW will be excused if and to the extent the non-performance or delay results directly from the failure by Agency to perform its responsibilities. If any failure or delay by Agency to perform any of its responsibilities prevents or delays TASER's performance of its obligations under this SOW, TASER will be entitled to a reasonable extension of time to the applicable performance dates to reflect the extent of the impact of the failure or delay by Agency. d. Performance Warranty. TASER warrants that it will perform the Integration Services in a good and workmanlike manner. In the event the Integration Services do not meet the requirements and specifications agreed upon, Agency must provide TASER with written notice and details of the alleged non -complying Integration Services within 7 calendar days after completion of the Integration Services. After determination by TASER that the Integration Services were not in conformance to the requirements and specifications, TASER will re -perform the non -complying Integration Services at no additional cost. 6. Acceptance Checklist. TASER will present Agency with an Acceptance Checklist (Checklist) upon TASER's completion of the Integration Services. Agency will sign the Checklist acknowledging completion of the Integration Services. If Agency reasonably believes that TASER did not complete the Integration Services in substantial conformance with this SOW, Agency must notify TASER in writing of its specific reasons for rejection of the Integration Services within 7 calendar days from delivery of the Checklist to the Agency. TASER will address the Agency's issues and then will re -present the Checklist for the Agency's approval and signature. If TASER does not receive the signed Checklist or a written notification of the reasons for the rejection of the performance of the Integration Services from Agency within 7 calendar days of delivery of the Checklist to the Agency, the absence of a response will constitute Agency's affirmative acceptance of the Integration Services, and a waiver of any right of rejection. 7. _Agency's Responsibilities. TASER's successful performance of the Integration Services depends upon the Agency's: a. Making available its relevant systems, including its current RMS, for assessment by TASER (including making these systems available to TASER via remote access if possible); b. Making any required modifications, upgrades or alterations to Agency's hardware, facilities, systems and networks related to TASER's performance of the Integration Services; c. Providing access to the building facilities and where TASER is to perform the Integration Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to TASER representatives performing the Integration Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Integration Services); d. Providing all necessary infrastructure and software information (TCP/IP addresses, node names and network configuration) necessary for TASER to provide the Integration Services; e. Promptly installing and implementing any and all software updates provided by TASER; f. Ensuring that all appropriate data backups are performed; g. Providing to TASER the assistance, participation, review and approvals and participating in testing of the Integration Services as requested by TASER; h. Providing TASER with remote access to the Agency's Evidence.com account when required for TASER to perform the Integration Services; I. Notifying TASER of any network or machine maintenance that may impact the performance of the integration module at the Agency; and j. Ensuring the reasonable availability by phone of knowledgeable staff and personnel, system administrators and operators to provide timely, accurate, complete and up-to-date documentation and information to TASER (these contacts are to provide background information and clarification of information required to perform the Integration Services). 8. Authorization to Access Computer Systems to Perform Services. Agency authorizes TASER to access Agency's relevant computers, network systems, and RMS solely for the purpose of performing the Integration Services. TASER will work diligently to identify as soon as reasonably practicable the resources and information TMM: Ibtentlwe No.9 P�ateNawl Sarvkn SNumentMYYwk Oepanmrear. I.egN Y®.ebr. 1,0 Releaw Deme Gl3fM9d Page 2 of 4 �r^S3eFq Addendum No. 1 Professional Services St- of Work TASER expects to use, and will provide an initial itemized list to Agency. Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 9. Liability for Loss or Corruption of Data. Agency is responsible for: (a) instituting proper and timely backup procedures for its software and data contained in its RMS; (b) creating timely backup copies of any of its software or data in its RMS that may be damaged, lost, or corrupted due to TASER's provision of Integration Services; and (c) using backup copies to restore any of its software or data from its RMS in the event of any loss of, damage to, or corruption of the operational version of its software or data, even if such damage, loss, or corruption is due to TASER's negligence. The Section does not apply to Agency data stored on Evidence.com and covered by the MSA. 10. Intellectual Property. TASER owns all right, title and interest in all Product User Documentation and the software integration modules developed by TASER under this SOW. TASER grants to Agency, unless otherwise agreed in writing by the parties, a perpetual, non -revocable, royalty -free, non-exclusive, right and license to use, execute, or copy, the software integration modules and Product User Documentation provided to Agency in connection with the delivery of Integration Services and in accordance with this SOW. Agency must not: (a) distribute, sell, lease, assign, license, convey, disclose, or in any other way transfer the Product User Documentation or software integration modules to any third party; (b) reproduce, modify, or use the Product User Documentation or software integration modules; or (c) reverse engineer, disassemble, or otherwise de -compile any portion of the software integration modules. Except as expressly granted in this Section, no license of or right to the Product User Documentation or software integration modules is granted by TASER to the Agency directly or by implication, estoppel or otherwise. 11. Confidentiality. A receiving party may use the disclosing party's Confidential Information only in connection with TASER's performance of the Integration Services under this SOW. The receiving party will not disclose the disclosing party's Confidential Information during the Term or at any time during the 5 -year period following the end of the Term. The receiving party will take all reasonable measures to avoid disclosure, dissemination, or unauthorized use of the disclosing party's Confidential Information, including, at a minimum, those measures taken to protect its own confidential information of a similar nature. 12. Indemnification. Except to the extent caused by the negligent acts or willful misconduct of Agency, TASER will indemnify, defend, and hold the Agency, its officers, directors, employees, agents, and permitted assigns (each Agency Indemnitee) harmless from and against all claims, demands, losses, liabilities, costs, expenses, and reasonable attorneys' fees, arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct of TASER under or related to this SOW. 13. Limitation of Liabilitv. EXCEPT AS OTHERWISE PROVIDED IN THIS SOW, THE WARRANTIES STATED IN THIS SOW ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY TASER. TASER DOES NOT MAKE AND HEREBY DISCLAIMS, AND AGENCY EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. EXPRESSLY EXCLUDED ARE ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER STATUTORY OR COMMON LAW WARRANTY. UNDER NO CIRCUMSTANCES WILL EITHER PARTY HAVE ANY LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS SOW OR OTHERWISE FOR LOSS OF PROFITS, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, EXCEPT FOR OBLIGATIONS OF CONFIDENTIALITY AND INDEMNIFICATION SET FORTH IN THIS SOW, THE LIABILITY OF EITHER PARTY TO THE OTHER PARTY FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO TASER UNDER THIS SOW FOR THE INTEGRATION SERVICES IN THE PRIOR 12 MONTHS PRECEEDING THE CLAIM. NOTHING IN THIS SECTION LIMITS AGENCY'S OBLIGATIONS UNDER SECTION 3. 14. General. a. Notifications. Any notice permitted or required under this SOW will be deemed to have been given if it is in writing and personally served or delivered, mailed by registered or certified mail (return receipt requested), delivered by a national overnight courier service with confirmed receipt, or sent by email to the parties at the Page 3 of 4 /7A ""r.4kS3F=Fq Addendum No. 1 ProfessionalServices of Work addresses listed in the signature block at the end of this SOW. b. Entire Agreement; Modification. This SOW, including the Quote for Integration Services and MSA, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning our provision of the Integration Services. No modification, amendment, or waiver of any provision of this SOW will be effective unless in writing and signed by both parties. All headings are for reference purposes only and must not affect the interpretation of the SOW. c. Severability. This SOW is contractual and not a mere recital. Sections 1-3, 5, and 9-15 will continue in force and effect after termination of this SOW. If any portion of this SOW is held to be invalid or unenforceable, the remaining portions of this SOW will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to the effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this SOW but the rest of the SOW will remain in full force and effect. 15. Definitions. "Confidential Information" means any and all financial, technical, legal, marketing, network and/or other business information, know-how, plans, records, files, file layouts, manuals, documentation, or data (including, but not limited to, computer programs, code systems, applications, analyses, passwords, procedures, output, software sales, personal individual information, and lists compilations). All information communicated during the course of this SOW, whether written or oral, will be assumed confidential even if it is not specifically noted as such at the time of the disclosure. Both parties acknowledge and agree that a disclosing party's Confidential Information is the proprietary property of the disclosing party and constitutes valuable trade secrets. Nothing in this SOW will be construed as granting the receiving party any right of use, title, or interest in the disclosing party's Confidential Information. "Integration Services" means the professional services provided by us pursuant to this SOW. "Product User Documentation" means either (i) specifications, explanatory or informational materials, whether in paper or electronic form, that relate to the Integration Services provided under this SOW, or (ii) user manuals, technical manuals, training manuals, specification or other explanatory or informational materials, whether in paper or electronic form, that relate to the Integration Services provided under this SOW. TASER International, Inc. I Agency: By: Name: Title: Signature Date: 17800 N. 85th Street Scottsdale, AZ 85255 Attn: General Counsel By: Name: Title: Signature Date: Address: Email: legal( a�taser.com; alex@evidence.com I Email: [Revised 6-23-2014] (2is a trademark of TASER International, Inc., and AXON and TASER are registered trademarks of TASER International, Inc., registered in the U.S. All rights reserved. © 2014 TASER International, Inc. thrMnmxr. Lepaa ReWwQ— 6YLV1014 Page 4 of 4 RESOLUTION NO. D(G I -ni c EUr D6A-�C(5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPROVE THE SOLE SOURCE ANNUAL CONTRACT WITH RENEWAL OPTIONS FOR DIGITAL EVIDENCE MANAGEMENT SERVICES AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas is a local government in the State of Texas and as such is empowered by Texas Local Government Code Chapter 252, Subchapter B, § 252.022. General Exemptions (a)(7)(A) to purchase digital evidence management services on a sole source basis; and WHEREAS, the sole source purchase is due to the vendor being the only provider of certain digital video surveillance equipment and video management services required by the Police Department; and WHEREAS, all legal prerequisites for the adoption of this resolution have been met, including but not limited to the Local Government Code and the Open Meetings Act; and WHEREAS, the City Council hereby declares that the approval of this resolution is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the above preamble are true and correct and are incorporated herein as if copied in their entirety. Section 2. That the City Council of the City of Grapevine authorizes the sole source annual contract for digital video surveillance equipment and video management services from TASER International for the Police Department for an amount not to exceed $64,195.40. Section 3. That the City Manager or his designee is authorized to take all steps necessary to consummate the annual contract for digital video surveillance equipment and video management services. Section 4. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of December, 2014. ATTEST: