Title
Consider a memorandum/resolution authorizing the City Manager to enter into a grant agreement with the Texas Office of the Governor for the purpose of replacing rifle resistant body armor for sworn officers assigned to the Killeen Police Department and modifying the maximum annual expenditure with GT Distributors in an amount not to exceed $584,565.
Summary
DATE: January 3, 2023
TO: Kent Cagle, City Manager
FROM: Charles F. Kimble, Chief of Police
SUBJECT: Replacement purchase of rifle resistant body armor for the Police Department
BACKGROUND AND FINDINGS:
In 2017, the Killeen Police Department purchased rifle-resistant body armor for sworn officers via grant funds. The warranted service life of this armor is five years, and the equipment is due for replacement. During FY 2022, the department applied for a state grant with the Office of the Governor, for funds to accomplish 100% replacement of the body armor. $260,000 was awarded to the City via this grant to accomplish this purchase.
Sworn officers with the Killeen Police Department routinely respond to calls for service, conduct investigations, execute search warrants and make arrests, all of which can potentially expose them to gunfire. Other sworn employees of the department, while assigned to primarily administrative duties, can be called on at any time to assist with/react to such high-risk activities. The department has documented history responding to active shooter incidents and other criminal activity such as homicides, aggravated assaults, aggravated robberies, and other crimes where weapons are involved, and in many of these incidents the firearms involved are rifles, or use rifle-caliber ammunition.
Sworn employees are afforded soft body armor and are required to wear it while performing uniformed duties. Traditional soft body armor is not sufficient by design to protect against high-caliber rifle ammunition. As such, additional rifle-resistant armor is a practical piece of equipment that helps keep employees safe and makes them better able to resolve such threats. This armor can be carried in duty vehicles and quickly donned when initiating/reacting to events where deadly force threats from rifle-caliber weapons is anticipated.
GT Distributors, LLC is a member of the BuyBoard purchasing cooperative (Contract #603-20). This vendor has a competitive price for the body armor needing replacement. In November 2022, Council authorized expenditures with this vendor in an amount not to exceed $324,565. This grant had not been awarded at the time the original CCMR was prepared for City Council approval. Approving the receipt of this grant and the corresponding body armor purchase with this vendor would require amending that authorized expenditure to $584,565. This would include the originally approved maximum amount for other budgeted items, in addition to the $260,000 amount of the grant.
THE ALTERNATIVES CONSIDERED:
Deny the acceptance of the grant and subsequent purchases. Doing so will delay the replacement of this body armor until an alternative funding source can be identified.
Approve the acceptance of the grant and modification to the GT Distributors agreement in an amount not to exceed $584,565.
Which alternative is recommended? Why?
Staff recommends accepting the grant and modifying the maximum purchase amount with GT Distributors to an amount not to exceed $584,565. Doing so will allow the timely replacement of expiring body armor, helping ensure the safety of our sworn employees.
CONFORMITY TO CITY POLICY:
Purchases made through a cooperative contract are exempt from the competitive bidding process as stated in Texas Local Government Code (TLGC) section 271.102, subchapter F; a local government that purchases goods or services under this subchapter satisfies any state law requiring the local government to seek competitive bids for the purchase of the goods or services.
FINANCIAL IMPACT:
What is the amount of the expenditure in the current fiscal year? For future years?
Current expenditures, if approved, will not exceed $260,000. Future expenditures will include a tiered, rotating replacement schedule for partial replacement each year, to spread the overall replacement cost over time.
The following statements are a specific grant requirement:
In the event of the loss or misuse of grant funds, the City of Killeen will return all funds to the Office of the Governor, Criminal Justice Division.
The city is committed to provide all applicable matching funds. For this grant, there are no matching funds required.
Is this a one-time or recurring expenditure?
One-time
Is this expenditure budgeted?
Funds will be available in the General Fund Police Department account 010-6055-441.41-20, upon approval of the budget amendment.
If not, where will the money come from?
N/A
Is there a sufficient amount in the budgeted line-item for this expenditure?
Upon approval of the budget amendment.
RECOMMENDATION:
The city staff recommends that the City Manager be designated as the authorized official and be given the power to apply for, accept, reject, alter or terminate the grant on behalf of the city. City staff further recommends the City Manager be designated to execute the purchase of body armor from GT Distributors, Inc. through the TASB State BuyBoard and that the City Manager be expressly authorized to execute any and all change orders within the amounts set by state and local law and modifying the previously approved maximum annual expenditure with GT Distributors in an amount not to exceed $584,565.
DEPARTMENTAL CLEARANCES:
Purchasing
Finance
Legal
ATTACHED SUPPORTING DOCUMENTS:
Grant
Contract