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File #: RS-21-125    Version: 1 Name: Axon TASER 7 Agreement
Type: Resolution Status: Passed
File created: 9/1/2021 In control: City Council
On agenda: 9/28/2021 Final action: 9/28/2021
Title: Consider a memorandum/resolution authorizing an agreement with Axon Enterprise, Inc. through Buyboard (contract #603-20) for the purchase of TASERS in an amount not to exceed $170,000.00 per year, through fiscal year 2031.
Sponsors: Police Department
Attachments: 1. Staff Report, 2. Quote, 3. Agreement, 4. Certificate of Interested Parties Exemption, 5. Presentation

TITLE

 

Consider a memorandum/resolution authorizing an agreement with Axon Enterprise, Inc. through Buyboard (contract #603-20) for the purchase of TASERS in an amount not to exceed $170,000.00 per year, through fiscal year 2031.

 

SUMMARY

 

DATE:                                       September 21, 2021

 

TO:                                  Kent Cagle, City Manager

 

FROM:                      Charles F. Kimble, Chief of Police

 

SUBJECT:                          Purchase of TASER package for the Killeen Police Department

BACKGROUND AND FINDINGS:

 

The Killeen Police Department has purchased TASER Electronic Control Weapons (ECWs) from Axon Enterprise, Inc. for several years. Most recently, the Department had a five-year contract with Axon for a fixed number of TASER model X26Ps.  The contract expires this year, as does the warranty for the majority of these devices.  Per Axon, the model X26P is also approaching the end of its product life.  Historically, the department spends $34,848 on the annual cost of the contract, and as much as another $60,000 on TASERS not originally covered under the contract, duty and training cartridges, batteries, training, and related accessories.  This amount fluctuates from year to year based on the number of additional devices needed.  There are no viable competing products with the TASER and this agreement specifically is only available directly from Axon Enterprise, Inc.

 

ECWs are essential issue items for uniformed police officers assigned to Patrol and other specialized units, including the City Jail.  They allow for a vetted less lethal force option to control and subdue violent subjects and help mitigate the risk of injury both to the subject and Department employees.

 

Axon offers the TASER 7 model, which has significant service life left as a model and offers several material improvements over the X26P model.  These improvements include the ability to have a second cartridge at the ready and deploy it without having to reload, the addition of a second laser which helps indicate where both projectiles will make contact, and the creation of a drive stun/test button separate from the trigger.  These improvements allow the employee a potential second chance at a less lethal force option in a critical incident before having to escalate to deadly force, greater accuracy, and mitigation of the risk of negligent discharge of projectiles.  The X26P model only afforded employees a single shot option without reloading, one laser, and the spark test/drive stun option was incorporated into the cartridge trigger.  While the department used the X26P model effectively, the improvements available with the TASER 7 are highly desirable.

 

This agreement includes a virtual reality (VR) training platform, which allows employees to engage in a variety of different use of force scenarios in different settings.  The scenarios also include de-escalation options and post-critical incident stress mitigation, with more training scenarios under development.

 

The purchase option best suited to the needs of the Department is the T7 Cert package, with VR as part of a ten-year purchase agreement.  This would allow for the purchase of a sufficient number of TASERS to outfit all officers assigned to Patrol, as well as those assigned to specialized units.  It would also allow for a greater number of training cartridges and training aids than were available under previous plans, unlimited replacement of duty cartridges, and provides for certification for our TASER instructors.  The purchased devices would be exchanged for a new model at the five-year mark, at no additional cost.

 

Current fiscal year expenditures are $0, although $34,848 was allocated as the final installment payment for the previous five-year purchase agreement.  Proposed expenses are $1,700,000 over the next ten years, for TASERS, cartridges, training equipment, instructor training, and the VR package.   The total proposed expense for this agreement with Axon, through Buyboard Cooperative contract 603-20, for fiscal year 2022 will not exceed $170,000.00.

 

This purchase will allow the department to replace all TASERS with a new and improved model which is warranted for five years and receive new replacement units at the six-year mark, at no additional cost. This purchase will also allow the department to conduct enhanced training with more resources than previously available, and maintain the necessary training staff, also at no additional cost.  Absent the need for additional devices as staffing levels increase, this annual cost should not increase for ten years.

 

THE ALTERNATIVES CONSIDERED:

 

1. Deny the proposed purchase.

 

2. Continue to purchase an older TASER model, foregoing the additional benefits of the T7 model.  This would cost approximately $96,647 per year just for the devices, with additional funds being required for accessories, batteries, training, training aids, and duty/training cartridges.

 

3. Authorize the purchase as proposed.

 

Which alternative is recommended? Why?

 

Staff recommends alternative number 3, entering into the purchase agreement.  Failure to do so will adversely affect the department’s ability to properly equip employees and resolve critical incidents.

 

CONFORMITY TO CITY POLICY:

 

This purchase would be made through Axon utilizing their Buyboard cooperative contract 603-20. Purchases made through a cooperative contract satisfy that state competitive bidding requirements as stated in Texas Local Government Code 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 that purchase of the goods or services.

 

FINANCIAL IMPACT:

 

What is the amount of the expenditure in the current fiscal year? For future years?

 

Current fiscal year expenditures: $0 so far, though $34,848 was originally allocated for the final installment purchase.  This payment would be waived by Axon as part of the new purchase agreement. 

 

Proposed expenses: $170,000.00 for fiscal year 2022, and $170,000 per year through fiscal year 2031.

 

Is this a one-time or recurring expenditure?

 

Recurring over a ten-year period

 

Is this expenditure budgeted?

 

Yes, funds are available in the General Fund Police Department budget in account 010-6055-441-46.35.

 

If not, where will the money come from?

 

N/A

 

Is there a sufficient amount in the budgeted line-item for this expenditure?

 

Yes

 

RECOMMENDATION:

 

Staff recommends that the City Manager or his designee be authorized to execute the described purchase agreement of the TASER 7 Cert with VR package from Axon Enterprise, Inc. through the TASB BuyBoard (Contract # 603-20) in an amount not to exceed $170,000.00 per year through the fiscal year 2031, and any change orders as authorized by law.

 

DEPARTMENTAL CLEARANCES:

 

Purchasing

Finance

City Attorney

 

ATTACHED SUPPORTING DOCUMENTS:                    

 

Quote

Agreement

Certificate of Interested Parties Exemption