R-2022-080 - 3/10/2022 RESOLUTION NO. R-2022-080
WHEREAS, the City of Round Rock ("City") has previously entered into a "City Of Round
Rock Agreement for the Purchase cal`Law 11'riflorcernent Mobile Video and Evidence Storage with Axon
t`nterpriscs, Inc," ("Agreement"); and
WHEREAS, City and Axon Enterprises, Inc, desire to increase the number of'items provided
by Axon Enterprises, Inc. and increase the costs for said additional items in the alTIOUnt of$116,312.00
liar the remaining term as set forth in the Agreement; and
WHEREAS, the City Council desires to enter into said Supplemental Agreement No. I with
Axon [?ntcrprises, Inc., Now Therefore
BE IT RESOLVED BY 'I COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental
Agreement No. I to
"City Of Round Rock Agreement for the Purchase of Law Enforcement Mobile
Video and Evidence Storage with Axon ]'ynterprises, Inc.," a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice Of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof"were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, `texas Government Code, as amended.
RESOLVED this I Oth day, of'March, 2022.
CRAT6OkGA Mayor
City of 2und RZ11, Texas
ATTEST:
ME'AGAN S�3NKS,"6Clerk
0112210212:?, 18 70 i7615V ,
EXHIBIT
rrA�i
SUPPLEMENTAL AGREEMENT NO. 1
TO"CITY OF ROUND ROCK AGREEMENT FOR
THE PURCHASE OF LAW ENFORCEMENT
MOBILE VIDEO AND EVIDENCE STORAGE
WITH
AXON ENTERPRISES,INC."
CITY OF ROUND ROCK )
STATE OF TEXAS ) KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON )
COUNTY OF TRAVIS )
This Supplemental Agreement No. I to"City of Round Rock Agreement for the Purchase
of Law Enforcement Mobile Video and Evidence Storage with Axon Enterprises, Inc.,"
hereinafter called the "Supplemental Agreement No. 1," is made by and between the CITY OF
ROUND ROCK,TEXAS, a Texas home-rule municipality,whose offices are located at 221 East
Main Street, Round Rock, Texas 78664-5299, hereinafter called "City," and AXON
ENTERPRISES, INC., whose offices are located at 17800 North 85'x' Street, Scottsdale, Arizona
85255,hereinafter called"Vendor."
WHEREAS, City and Vendor executed an "Agreement for the Purchase of Law
Enforcement Mobile Video and Evidence Storage," hereinafter called the "Agreement" on
March 12,2020;and
WHEREAS, the parties desire to increase the number of items provided by Vendor and
the increase the costs for said additional items in the amount of$116,312.00 for the remaining
term of the Agreement as set forth herein;
NOW THEREFORE, premises considered, and in consideration of the mutual promises
and obligations in the Agreement and this Supplemental Agreement No. 1, the City and Vendor
agree as follows:
I.
Section 4.01 "Items "is amended to read as follows:
A. The goods and services which are the subject matter of this Agreement are
described generally in the attached Exhibit"A," Exhibit"B" and the Addendum to Exhibit"B."
attached hereto and incorporated herein by reference for all purposes. This Agreement shall be
effective on the date this Agreement has been signed by each party hereto, and shall remain in
full force and effect unless and until it expires by operation of the term indicated herein.
4857-6425-37071ss2
B. This Agreement shall evidence the entire understanding and agreement between
the parties and shall supersede any prior proposals,correspondence or discussion.
C. Vendor shall satisfactorily provide all deliverables described in Exhibit "A,"
Exhibit "B," and the Addendum to Exhibit "B," within the contract term specified pursuant to
the terms in this Agreement and Vendor's Master Services and Purchasing Agreement, attached
as Exhibit "C." A change in Scope of Services or any term of this Agreement, must be
negotiated and agreed to in all relevant details, and must be embodied in a valid Supplemental
Agreement as described herein.
II.
Section 5.01 "Costs "is amended to read as follows:
A. City agrees to pay for goods and services during the term of this Agreement at the
pricing set forth in Exhibit`B"and the Addendum to Exhibit"13,'attached hereto.
B. The City shall be authorized to pay the Vendor an amount not-to-exceed Two
Million Eight Hundred Thousand and No/100 Dollars ($2,800,000.00) for the term of this
Agreement in the yearly amounts set forth in the attached Exhibit "B" plus an additional One
Hundred Sixteen Thousand Three Hundred Twelve and No/100 Dollars ($116,312.00) in the
yearly amounts set forth in the attached Addendum to Exhibit`B."
III.
This Supplemental Agreement No. 1 shall amend the original Agreement as to items and
costs only as set forth herein, with no other changes in terms or conditions of the original
Agreement.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the City and Vendor have executed this Supplemental
Agreement No. 1 to be effective as of the last date of due execution by both parties.
CITY OF ROUND ROCK,TEXAS AXON ENTERPRISES,INC.
By: By:
Printed Name: Printed Name:
Title: Title:
Date Signed: Date Signed:
ATTEST:
By:
Meagan Spinks,City Clerk
FOR CITY,APPROVED AS TO FORM:
By:
Stephan L. Sheets,City Attorney
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Addendum to Exhibit "B"
Axon Enterprise,Inc. Q-359063-44545.991CM
17800 N 85th St.
Scottsdale,Arizona 85255
tS
United States Quote Expiration:
VAT:86-0741227
Domestic:(800)978-2737
#
International800.978.2737
Payment Terms: N30
Delivery Method: Fedex-Ground
..................
rilh"i WAKONk
2801 N Mays St Round Rock Police Dept. Chris Morton Gabriel Iniguez
2801 N Mays St 221 E Main St Phone: +12063106165 Phone: (512)218-5500
Round Rock,TX 78665-2412 Round Rock,TX 78664-5271 Email:cmorton@axon.com Email:giniguez@roundrocktexas.gov
USA USA Fax: Fax:
Email:
Program Length 37 Months Bundle Savings $7,940.01
# $116,312.00 Addifional Savings $32,41U9
$40,360.00
$116312400
-PLAN NAME INVOICE DATE -TAXAMOUNT- AMOUNTDUE
-Year 1 Mar.2022 $0.00 $38,778.41
-Year 2 Mar,2023 $0.00 $38,766.79
-Year 3 Mar,2024 $0.00 $38,76&79
Quote Details
1 aha . +a
Addendum to Exhibit "B"
DynamicBundl IDynamic Bundle 1 i 03/01/2022 04/14/2025 $0.00 $0.00 $0.00 $0.00
71088 AXON FLEET 2 KIT 20 03/01/2022 04/14/2025 $1,560.00 $0.00 $1,407.46 $28,149.17
I FLEET,EVIDENCE LICENSE, CAMERA
80410 STORAGE,LICENSE 40 04/01/2022 ( 04/14/2025 I $17.00 $0.00 $15.34 $22,699.77
87050 FLEET VIEW XL LICENSE 20 04/01/2022 04/14/2025 $29.00 $0.00 $26.16 $19,361.57
71200 FLEET ANT,AIRGAIN,5-1 N-1,2LTE, 20 03101/2022 04/14/2025 $249.00 $000 $249.00 $4,980.00
2WIFI,IGNSS,BIL
CRADLEOINT IBR900-120011634 NPS+5YR NETCLOUDM-B- 20 03/01/2022 04/14/2025 $1,249.00 $0.00 $1,249.00 $24,980.00 =
74110 FLEET ETHERNET CABLE,CAT6,25 FT 20 03/01/2022 04/14/2025 $25.00 $0.00 $25.00 $500.00 '
71210 US ET DOOR TRIGGER HARDWARE, 20 03101/2022 04/14/2025 $18.60 $0.00 $18.60 $372.00
73122 AXON 2-CAMERA FLEET SOLUTION 20 03/01/2022 04/01/2022 $93.00 $0.00 $25.46 $12,220.00
TRUE UP FEE
80397 EXT WARRANTY,FLEET 2 KIT 20 03/01/2022 04/14/2025 $6.50 $0.00 $5.86 $3,049.49
Total $116,312.00
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing.If a tax exemption certificate should be applied,please submit
prior to invoicing.
Signature Date Signed
12/15/2021
3 0.359063.44545.991CM
Addendum to Exhibit "B"
FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY
Introduction
This Statement of Work("SOW")has been made and entered into by and between Axon Enterprise, Inc.("AXON"),and Round Rock Police Dept.-TX the
("AGENCY")for the purchase of the Axon Fleet in-car video solution("FLEET")and its supporting information,services and training. (AXON Technical Project
ManagerfThe AXON installer)
Purpose and Intent
AGENCY states,and AXON understands and agrees,that Agency's purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON
deliverables,which used solely in conjunction with AGENCY's existing systems and equipment,which AGENCY specifically agrees to purchase or provide
pursuant to the terms of this SOW.
This SOW contains the entire agreement between the parties. There are no promises,agreements,conditions,inducements,warranties or understandings,
written or oral,expressed or implied,between the parties,other than as set forth or referenced in the SOW.
Acceptance
Upon completion of the services outlined in this SOW,AGENCY will be provided a professional services acceptance form("Acceptance Form").AGENCY will sign
the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement.If AGENCY reasonably
believes AXON did not complete the professional services in conformance with this SOW,AGENCY must notify AXON in writing of the specific reasons within
seven(7)calendar days from delivery of the Acceptance Form.AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for
signature.If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the
Acceptance Form,AGENCY will be deemed to have accepted the services in accordance to this SOW.
Force Majeure
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Addendum to Exhibit "B"
Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party's reasonable control and not avoidable
by diligence.
Schedule Change
Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation-to be
performed pursuant of this Statement of Work.
Axon Fleet Deliverables
Typically,within(30)days of receiving this fully executed SOW,an AXON Technical Project Manager will deliver to AGENCY's primary point of contact via
electronic media,controlled documentation,guides,instructions and videos followed by available dates for the initial project review and customer readiness
validation.Unless otherwise agreed upon by AXON,AGENCY may print and reproduce said documents for use by its employees only.
Security Clearance and Access
Upon AGENCY's request,AXON will provide the AGENCY a list of AXON employees,agents,installers or representatives which require access to the AGENCY's
facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee,agent or representative has been informed or and
consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY's facilities. AGENCY is responsible for
providing AXON with all required instructions and documentation accompanying the security background check's requirements.
Training
AXON will provide training applicable to Axon Evidence,Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless
otherwise agreed upon between the AGENCY and AXON.
Local Computer
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Addendum tO Exhibit "B"
AGNECY is responsible for providing a mobile data computer(MDC)with the same software,hardware, and configuration that AGENCY personnel will use with
the AXON system being installed.AGENCY is responsible for making certain that any and all security sellings(port openings,firewall settings,antivirus software,
virtual private network, routing,etc.)are made prior to the installation,configuration and testing of the aforementioned deliverables.
Network
AGENCY is responsible for making certain that any and all network(s)route traffic to appropriate endpoints and AXON is not liable for network breach,data
interception,or loss of data due to misconfigured firewall settings or virus infection,except to the extent that such virus urinfection imcaused, |nwhole or|npart,
bydefects inthe deliverables.
Cnsd*mpnirdRouter
When applicable,AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint's tothe extent necessary to
perform Work pursuant ofthis Statement ofWork,
AGENCY must provide AXON installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this
GOYV,
Wireless Upload System
If purchased by the AGENCY,on such dates and times mutually agreed upon by the parties,AXON will install and configure into AGENCY's existing network a
wireless network infrastructure as identified in the AGENCY's binding quote based on conditions of the sale.
VEHICLE INSTALLATION
Preparedness
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Addendum to Exhibit "B"
On such dates and times mutually agreed upon by the parties,the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence.
Vehicle(s)will be deemed'out of service'to the extent necessary to perform Work pursuant of this SOW.
Existing Mobile Video Camera System Removal
On such dates and times mutually agreed upon by the parties,the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all
components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY.
Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are Aet considered expendable and will not be
salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space.
Prior to removing the existing mobile video camera systems,it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle's systems'
operation to identify and operate,documenting any existing component or system failures and in detail,identify which components of the existing mobile video
camera system will be removed by the AXON Installer.
In-Car Hardware/Software Delivery and Installation
On such dates and times mutually agreed upon by the parties,the AGENCY will deliver all vehicles to an AXON Installer,who will install and configure in each
vehicle in accordance with the specifications detailed in the system's installation manual and its relevant addendum(s). Applicable in-car hardware will be installed
and configured as defined and validated by the AGENCY during the pre-deployment discovery process.
If a specified vehicle is unavailable on the date and time agreed upon by the parties,AGENCY will provide a similar vehicle for the installation process.Delays due
to a vehicle,or substitute vehicle,not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer
determines that a vehicle is not properly prepared for installation("Not Fleet Ready"),such as a battery not being properly charged or properly up-fit for in-service,
field operations,the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the
parties.
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Addendum to Exhibit "B"
Upon completion of installation and configuration,AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL
functions of the hardware and software are fully operational and that any deficiencies are corrected unless.otherwise agreed upon by the AGENCY,installation,
configuration,test and the correct of any deficiencies will be completed in each vehicle accepted for installation.
Prior to installing the Axon Fleet camera systems,it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle's existing systems'
operation to identity,document any existing component or vehicle systems'failures.Prior to any vehicle up-fitting the AXON Installer will introduce the system's
components,basic functions,integrations and systems overview along with reference to AXON approved,AGENCY manuals,guides,portals and videos. It is
both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components,the antenna(s),integration recording trigger sources
and customer preferred power,ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type.
Agreed placement will be documented by the AXON Installer.
AXON welcomes up to 5 persons per system operation training session per day,and unless otherwise agreed upon by the AGENCY,the first vehicle will be used
for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is
customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations.
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Addendum to Exhibit "B"
The customary training session does not'certify'a non-AXON Installer,customer-employed Installer or customer 3rd party Installer,since the AXON Fleet
products does not offer an Installer certification program. Any work performed by non-AXON Installer,customer-employed Installer or customer 3rd party Installer
is not warrantied by AXON,and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware.
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