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Chief Administrative Office, Procurement and Contracts Division, recommending the Board:
1) Approve non-standard warranty, limitations and release language for Taser International, Inc. for the purchase of Taser stun guns and related products; and
2) Authorize the Purchasing Agent to issue purchase orders referencing said terms.
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Fiscal Impact/Change to Net County Cost: The act of approving the non-standard language has no fiscal impact; however, the language limits the County's remedies against Taser as described below.
Background: The County has purchased Taser stun guns for several years, and the Sheriff has indicated that Taser is the best quality product available. In addition, the Sheriff would like to continue to purchase Taser brand products because the officers are trained on, and familiar with them.
Reason for Recommendation: Proforce Law Enforcement, the sole distributor for Taser Products in our region, recently began incorporating Taser's Warranty, Limitations and Release language in its quotes for product. This language was not approved by County Counsel because it required the County to release and hold Taser harmless from any and all liability arising not only from the misuse, but from the deployment or use of the Taser product, including release from any claims of damages or injuries of third parties arising from the County's appropriate deployment and use of the weapon. In addition, the terms state that Taser is not liable for the failure of the product to perform, and caps Taser's liability for loss or damage arising from product defects to the purchase price of the product.
Counsel recommended that staff work with Taser to limit the County's release of Taser from liability to only the County's misuse of the products. Procurement and Contracts worked with Taser to modify the terms to remove the County's duty to indemnify Taser; however, Taser maintains that the company should be released from liability even in case...
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