ORDINANCE approving and authorizing third amendment to the agreement between the City and AXON ENTERPRISE, INC FORMERLY TASER INTERNATIONAL, INC for Taser Devices, Taser Accessories, Taser Supplies, and Repair Services for the Houston Police Department, to extend the term of the agreement and increase the unit prices

S95-L24720.A3 - Approve a third amendment to Agreement between AXON Enterprises, Inc., formerly Taser International, Inc., passed on September 4, 2018 to extend the contract term from September 11, 2020 to September 10, 2021 for Contract No. 4600012316 between the City of Houston and Axon Enterprise, Inc. formerly Taser International Inc. for taser devices, taser accessories and taser supplies for the Houston Police Department.

SPECIFIC EXPLANATION:

The Chief of Police of the Houston Police Department and the Chief Procurement Officer recommend that City Council approve an amending ordinance authorizing a third amendment to the contract between the City of Houston and Axon Enterprises, Inc. formerly Taser International, Inc. to extend the contract term from September 11, 2020 to September 10, 2021 for taser devices and related items for the City of Houston (“Third Amendment”).

This contract was awarded on September 4, 2013, by Ordinance No. 2013-0786, for a three-year term, with two (2) one-year renewal options in the amount of $9,500,000. A first amending ordinance was approved on August 22, 2018, by Ordinance No. 2018-0666 to extend the term from September 11, 2018 until September 10, 2019. A second amending ordinance was approved on August 23, 2019, by Ordinance No. 2019-0647, to extend the term from September 11, 2019 to September 10, 2020.

Section 4.1 2. Of the Original Agreement provides that price increases shall be negotiated by AXON and the Director (the Chief of Police) and shall not exceed 3% of the previous years’ price for additional Taser Devices, Taser accessories and Taser Supplies for any purchases made after September 1, 2014. AXON has not requested a price increase since the Original Agreement was approved by City Council on September 4, 2013 and countersigned on September 10, 2013.  AXON refused to agree to an extension from September 11, 2020 until September 10, 2021 unless the City agrees to increase prices as set out in Exhibit “A” to the Third Amendment. The Chief of Police and the Chief Procurement Officer agree that the price increases requested by AXON are reasonable.

No additional spending authority is required as the original total amount of $9,500,000 was awarded, and the amount of $1,144,312.40 of the contract remains. The contract extension shall allow services to continue until contract funds are exhausted. All other terms and conditions of the contract shall remain the same.

The scope of work requires the contractor to provide Taser model X2 conducted energy devices (CEDs), accessories, supplies, warranties, training and repair services for the Houston Police Department. These conducted CEDs are vital in providing protection of citizens and HPD Officers from assailants and must be a product that is able to perform without fail in emergency circumstances. Axon Enterprise, Inc. formerly Taser International, Inc. is the inventor and provider of taser devices for law enforcement agencies throughout the world.

M/WBE Subcontracting:

M/WBE zero percentage goal document approved by the Office of Business Opportunity.

Fiscal Note:

Fiscal Note is not required.

Ordinance No. 2013-0786 – Passed September 3, 2013

Ordinance No. 2018-0666 – Passed August 22, 2018

Ordinance No. 2019-0647 – Passed August 23, 2019