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HomeMy WebLinkAbout10/19/2016 - STAFF REPORTS - 1.I.en, LM Citv Council Staff Report DATE: October 19, 2016 CONSENT AGENDA SUBJECT: PURCHASE OF 93 TASER DEVICES AND ASSOCIATED HARDWARE FROM PROFORCE LAW ENFORCEMENT FROM: David H. Ready, City Manager BY: Bryan Reyes, Police Chief SUMMARY The Police Department currently utilizes the Taser Model X26 manufactured by Taser International and distributed through the sole source distributor for Southern California, Proforce Law Enforcement. The Taser is a conductive energy device which is a self- defense tool relied upon by officers to overcome the resistance presented by violent, combative subjects. Our current inventory of Model X26 Taser devices have been in service for 8-10 years. As with most aging technology, the Taser is susceptible to damage through normal use and our inventory is becoming unserviceable. In December of 2014, Taser International discontinued the Model X26 and with advancements in technology developed the Model X26P as its replacement. Staff recommends replacing the entire inventory of Model X26 with Model X26P and awarding a sole -source purchase order to Proforce Law Enforcement. RECOMMENDATION: 1. Waive all competitive bidding requirements of the municipal code and award a sole -source purchase of 93 new Taser Model X26P devices and associated equipment to Proforce Law Enforcement in the amount of $106,347.82. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: In 2005, the Police Department purchased the first of many Taser Model X26 devices. This equipment provides officers with a less -lethal option which can be deployed in order to subdue violently resistive subjects while minimizing the injury potential for officers and the involved subject. This conductive energy device has proven to be highly effective in stopping even the most focused and aggressive subjects. In order to be consistently effective, conductive energy devices require routine maintenance, battery recharging/replacement, software updates, and data downloads. ITEM NO. 1 -✓ City Council Staff Report October 19, 2016 Page 2 Purchase 93 Taser Model X26P Because of the age of the existing equipment, Taser International no longer provides service, maintenance, software updates, or replacement parts for the Model X26. Taser International, an Arizona -based company, is the only company that manufactures a consistently reliable, time -tested, conductive energy device. As a result, the Taser product line is most often utilized by contemporary law enforcement organizations. Recent advancements in the technology associated with conductive energy devices include the incorporation of internal monitoring and auditing functions. Staff recommends replacing the Police Department's existing inventory of Model X26 models with the new and updated Model X26P only distributed by Proforce Law Enforcement. Proforce is the only authorized and approved sole -source Taser equipment distributor. Due to the standardization of this critical officer safety equipment, the Police Department requests Council approval of this sole -source purchase pursuant to Procurement and Contracting Section 7.04.020 of the Palm Springs Municipal Code. FISCAL IMPACT: Funds are available in Account No. 260-4500-59493, Measure J Police Technology Enhancements, and will be used to purchase the Taser Model X26P Devices and related hardware. Bryan Reyes Police Chief 1) Quotation 2) Sole -Source Letter David H. Ready City Manager 02 U U U(TrO"CC LAW ENFORCEMENT 3009 North Highway 89 Prescott, AZ 86301 Tel: (928) 776-7192 Fax:(928) 4453468 sales@prolorceoniine.com www.pmlomteonline.com FFL 9 9-8"25-0idG-005D8 SOLD SHIP TO TO PALM SPRINGS POLICE DEPT LT. GUSTAVO ARAIZA 200 S. CIVIC DRIVE PALM SPRINGS CA 92262 760-323-8178 P R I C E Q U O T E .QUOTE# PAGE 298464 1 SHIP DATE A.S.A.P. PALM SPRINGS POLICE DEPT POLC1-PALM SPRINGS POLICE DEPT 200 S CIVIC CENTER DP,TVE PALM SPRINGS CA 92262 JOB $ DATE CUST.4 LOC. SALESMAN SHIP VIA FRT. N/A 09/27/16 000760 A GREGG MCCLUNG FX G-_FOB ORIGIN Y QT. �' _-_ - UOM QUOTED ITEM NO./DESC_ UNIT PRICE DISC.' NET PRICE 93 11002 931.4500 EA 86,624.85 TSR X26P BLK CLASS III LASER -l1Q 108 22012 56.410C EA1, 6,092.28 TSR TACT PERFORMANCE POWER MAG .00 7' 11501 55.1100 EA 3,9h7.92 TSR HLST X26P BLACKHAWK PH .00 16 11504 55.110Q EA 881.76 TSR HLST X26P BLACKHAWK LH .O(I This quote is valid for 45 days from the date of i:;sue, pending credit approval, and is subject to ,inventory, manufacturer's availability and price chance. Please call to receive price update upon eApiration. ORDERING INSTRUCTIONS: Please reply to your sales represen- tative in writing to process this order or send an email to I sales@proforceonl ine. cam. For orders over $),000, a PO or I signed quote is required to process the order. Returned items are subject to 20'� restockirg fee. All sales ' are final on non-stocked/special order items PLEASE READ ATTACHED: , Please be aware that handling charges are rot actual freight and are therefore subject to s les tax in California and Washington. COMMENT TERMS 03 LEM FORCC LAW ENFORCEMENT 3009 North Highway 89 Prescott, AZ 86301 Tel: 1923) 776-7192 Fax:(928) 445,3468 sales@proforceonline.00m www.proforeeonllne.com FFL # 9-86-025-01-4G-00508 SOLD SHIP TO TO PALM SPRINGS POLICE DEPT LT. GUSTAVO AP.AIZA 200 S. CIVIC DRIVE PALM SPRINGS CA 92262 760-323-8178 I,QUOTE# PAGE P R I C E 298464 11 SHIP DATE Q U O T E A.S.A.P. PALM SPRINGS POLICE DEPT POLC1-PALM SPRINGS POLICE DEPT 200 S CIVIC CENTER DRIVE PALM SPRINGS CA 92262 SOB # DATE CUST.# LOC._ SALESMAN _SHIP VIA FRT. N/A 09/27/16 000760 A GREGG MCCLUNG FX G-FOB ORIGIN QTY QUOTED ITEM NO./DESC. UNIT PRICES DISC. NET PRICE j IMPORTANT: To order from this !quotation, please s..gn below, attach Purchase Order, and email' Ito:sales@p- oforceonline.com Printed Name: P.O.: Signature: SALES AMOUNT 97,566.81 COMMENT FOR: GUSTAVO ARAIZA GUS'I'AVO.ARAIZA@PALMSPRINGSCA.GOV BY: KAKI MARTIN 9.000� SALES TA`.: 8,781.01 SUB TOTAL 106,347.82 TERMS DUE NET 30 DAYS 04 TASER International, Inc: s Hardware Warranty, Limitations and Release for Law Enforcement CEW Products and On -Officer Cameras (U.S. and Canada) (Effective March 12, 20141 The following TASER International, Inc. (TASER) warranty provisions are applicable on all sales or transfers of TASER Law Enforcement Products, Including conducted electrical weapons (CEWs), on - officer audiolvideo cameras and related accessories.' The term "Purchaser" means any purchaser, possessor, or user of the TASER brand products. BY USING THE TASER PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE WARRANTY AS SET OUT BELOW. Manufacturer's Limited Warrantvz TASER warrants that its Law Enforcement Hardware Products3 are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly.4 TASER-Manufactured Accessories' are covered under a limited 90-DAY warranty from the date of receipt. Non-TASER manufactured accessories are covered under the manufacturer's warranty. In the event any country or state imposes a longer express warranty term than that described In this warranty document, then the country or state's term will take precedence. If a valid warranty claim is received by TASER within the warranty period, TASER agrees to repair or replace the product which TASER determines in its sole discretion to be defective under normal use, as defined in the product instructions. TASER's sole responsibility under this warranty is to either repair I The warranty does not apply to software or services offered for, by, on, or through the TASER.com or EVIDENCE cam websites. This warranty only applies to hardware. 2 A product's estimated useful life or expiration date may not be the product's warranty expiration date 3 TASER Law Enforcement Hardware Products include TASER X2, X26, and X26P CEWs, Simulation Handles assembled by TASER. TASER CAM and TASER CAM HO recorders, CEW cartridges, and Smart cartridges, AXON flex camera (including or replace with the same or like product, at TASER's option. Ootional Extended Hardware Warrantv for AXON flex. AXON body,-ETM, EVIDENCE.com Dock, TASER CAM HD. X2. X26, and X26P The optional extended warranty, when available, may only be purchased at the point of sale of the product. The extended warranty runs from the date of receipt of the extended warranty through the balance of the 1-year limited warranty plus the term of the extended warranty measured after the expiration of the 1-year limited warranty. Purchaser may not buy more than one extended warranty for any one specific product. The extended warranty does not cover user -removable battery replacement, abuse, intentional or deliberate damage to the product, or force majeure during the extended warranty period.' For customers who purchase an extended warranty TASER warrants it will repair or replace the TASER product, which falls to function for any reason not excluded by this warranty, during the extended warranty period with the same or like product, at TASER's option. Purchaser may not buy a new extended warranty for any replacement or repaired product which is replaced or repaired under the extended warranty. Exclusions and Limitations A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or the universal magnetic clip). AXON body camera, Evidence Transfer Managers (ETMs), and EVIDENCE.com Docks. ° Broken blast doors are not covered under TASER's limited warranty. 5 TASER-Manufactured Accessories include, but are not limited to batteries; battery chargers, carrying cases. cables, docking bars; USB data download kits, headbands, holsters, mounts, DPM, XDPM, CDPM, PPM, TPPM, APPM, XPPM, TPM, and title 7LWI, namma Inc'sNe,Cwux 4Yamery,tmdaNaserd Retedelm VsF•urareeei(EaY Prom eMG.Jf,re�•:ame,asli.S wd anadgl 3111".1- Lepel 3lerx ose >nzxr Q Page 1 of 2 repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes Purchaser's property and the replaced item becomes TASER's property. After the warranty period, TASER may, at Its sole option, repair or replace a TASER product for a fee. A paid for out - of -warranty repair or replacement product comes with the manufacturer's limited warranty. This warranty does not apply and TASER will not be responsible for any loss, data loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the product's use, (b) damage caused by use with non-TASER products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by TASER; (c) damage caused by abuse, misuse, Intentional or deliberate damage to the product, or force majeure; (d) damage to a product or part that has been repaired or modified by persons other than TASER authorized personnel or without the written permission of TASER, or (e) if any TASER serial number has been removed or defaced. To the extent permitted by law, this warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral or written, statutory, express or implied, as permitted by applicable law. TASER specifically disclaims any and all statutory or implied warranties, including Shockwave Power Magazine modules, and the X-Rail mounting system. ° The manufacturer's limited warranty provides coverage for AXON flex camera, AXON flex controller or AXON body batteries that have failed or are exhibiting diminished capacity as result of a manufacturing defect Under the extended warranty, replacement of the AXON flex camera battery is covered, but replacement of the AXON flex controller battery and AXON body battery are not covered. TASER without limitation, warranties of mere design, fitness for a particular purpos from a course of dealing, usage or tra practice, warranties against hidden o defects, and warranties against paten infringement. If statutory or implied cannot be lawfully disclaimed, then al warranties are limited to the duration express warranty described above an by the other provisions contained in t warranty document. The remedies provided for in the above warranty are expressly in lieu of any other liability TASER may have. TASER's cumulative liability to any party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any TASER product will not exceed the purchase price paid to TASER for the product. In no event will TASER be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory, even if TASER has been advised of the possibility of those damages or if those damages could have been reasonably foreseen, and notwithstanding any failure of essential purpose of any exclusive remedy provided in this warranty. Some local laws do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Any repair to or replacement of any product under this warranty may result in a loss of programs or data. Release Purchaser agrees to release TASER from any and all liability arising out of the deployment, use, or misuse of the TASER product, including info TASER International, Inc.'s Hardware Warranty, Limitations and Release for Law Enforcement CEW Products and On -Officer Cameras (U.S. and Canada) (Effective March 12. 2014) hantability, any claims for damages and personal injuries. been paid f e, arising Purchaser agrees to assume all risks of loss required de and all liability for any damages and personal a period of r latent injury which may result from the deployment, product by t use, or misuse of the TASER product. TASER is TASER ma warranties not liable for the failure of the TASER product to any liability, I such perform and TASER is not liable for any claims Purchaser. of the made by a third party or by Purchaser for or on Before you ell limited behalf of a third party. service, It is his Purchaser Responsibilities and Product contained Registration services or Purchaser should update product software and/or firmware as they become available through TASER, as well as perform periodic data uploads to EVIDENCE.com services or download/backup copies of the information, data, and/or video contained on the TASER product storage media to protect the contents and as a precaution against possible operational failures. To register your TASER product, please go to www.taser.com/register. Registration of your product allows TASER to contact you with important product notifications and provides a record in case of product loss or theft. Registration Is voluntary and failure to register will not diminish your limited warranty rights. Warrantv Repair Procedure For warranty return and repair procedures, including troubleshooting guides, please go to TASER's websites www.taser.com/su000rt or www evidence.com. as indicated in the appropriate product user manual or quick start guide. Failure to provide the required information for the returned product will delay the return of the repaired or replaced item. If Purchaser fails to provide the required information, including the RMA number, then TASER assumes no liability for loss of the returned product. Any TASER product that has not fide EASER I.weama I�s11 T 1Homo¢, teenEn, and Rekw M t Eb,e CEY P-m rdtv.,Me. Tzemio It S cM sv�l 3wrnem Leul MiM. 110 C' 'AMOM Mini Page 2 of 2 or, when required, or for which the has not been provided during 90 days after receipt of the TASER TASER is deemed abandoned and y dispose of the TASER product without compensation, or further notification to deliver your product for warranty your responsibility to upload the data n the product to the EVIDENCE.com download the product and keep a separate backup copy of the contents. During warranty service the contents of the storage media will be deleted and reformatted. TASER is not responsible for any loss of software programs, data, or other information contained on the storage media or any other part of the product services. The product will be returned to you configured as originally purchased, subject to applicable firmware updates. Recovery and reinstallation of software programs and user data are not covered under this warranty. if you require attempted data recovery this must be specifically requested (and a fee may be required) or the contents of your product will be deleted and the storage media reformatted in the course of warranty service General This warranty supersedes any prior, contrary, or additional representations, whether written or oral. This warranty is TASER's only hardware warranty and may not be changed or enlarged by any agent, employee, distributor, dealer, or other person. This warranty, Including any extended warranty, is non- transferable. AXON fli Shock.&eT", Smart TASER CAM- X2'", X26T", X26P- X-Rail'", 'Protect Life and Protect Tmth are trademarks of TASER Inten-0onal, Inc , and TASERO AXON® and i±) are registered trademarks of LASER International Inc, regislered in the U S All nghts reserved. ® 2014 TASER Inlernahonal, Inc.