City of Gonzales
POLICE DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: August 7, 2023
FROM: Keith Wise, Chief of Police
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution 2023-55, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES APPROVING a CONTRACT WITH AXON ENTERPRISES, INC FOR 5 YEARS NOT TO EXCEED $7,800 PER YEAR FOR THE
PURCHASE TASER EQUIPMENT AND SERVICE CONTRACT
RECOMMENDATION
Staff recommends the City Council approve Resolution No. 2023-55, A Resolution of the City Council of the City of Gonzales approving a Contract with Axon Enterprises, Inc. for 5 years, not to exceed $7,800 per year for the purchase of Taser™ equipment and service contract.
BACKGROUND
The Gonzales Police Department has used Taser™ equipment for many years. The last equipment contracts with Axon Enterprises™ purchased was in 2018. Several units need repairs while others need replacement. This was a five year contract that expired in 2022 under resolution 2018-58.
Gonzales Police Department Policy 310 approved by the City Council says, “Tasers are issued for use during a member’s current assignment” (policy attached). Taser™ is a trademarked name. The only company that makes Tasers is Axon Enterprises, Inc.
REVIEW AND ANALYSIS
Using the model approved for computer equipment and the phone system, a five-year lease purchase that includes maintenance from the manufacturer is being recommended here. The Tasers and associated equipment are being considered a working system in this contract and the manufacturer is maintaining the AGENDA
ITEM
6 system for the next five years, at which time this type of arrangement will need to be renewed to again replace the equipment.
The cost of the purchase and maintenance of twelve (12) units as shown in the attached contract, is $3,452.40 the first year; and $7,767.88 for the next four yearly payments totaling $34,523.86. The quote is attached.
Taser International, Inc. became Axon Enterprises, Inc. This proposed contract is with the equipment manufacturer, Axon Enterprises, Inc.
The usual individual item purchases or group purchase were explored by the department. Ongoing maintenance was also explored to insure equipment was well maintained in the future. Staff recommends the proposed lease purchase stretched over five (5) years, the same time as the manufacturer’s service warranty covered by this program.
Gonzales City Code (GCC) requires public bidding for purchases over $5,000 (GCC 3.16.050 A. 1). This purchase is over $34,000. GCC 3.16.050 A4 allows the City Council to determine that a particular commodity should be purchased rather than selection based on price by passing a resolution by a 4/5 vote.
Bidding exemption 3 does not apply because there are resellers that market this equipment but do not offer its service arrangement.
Staff asks the City Council to approve Resolution No. 2023-55 to authorize the attached contract for purchase and maintenance of the Police Department’s Tasers.
Gonzales City Code is shown for reference only.
3.16.050 BIDDING REQUIRED; EXCEPTIONS:
A. Purchases of supplies and equipment shall be by bid procedures as prescribed by this chapter; provided, that bidding shall be dispensed with:
1. When the amount involved is less than five thousand dollars ($5,000.00); or
2. When an emergency requires that an order be placed with the nearest available source of supply; or
3. When the commodity, produce or equipment can be obtained from only one vendor; or
4. When the city council determines, by a resolution passed by four-fifths (4/5) of its members, that because of differences in the kinds or types of the particular commodity, product or equipment available on the market, it would be to the city’s advantage to make a selection on the basis of the suitability of the same to the city’s needs, rather than on the basis of price; or
5. When the city council determines, by a resolution passed by a majority of its members, that cost and time savings can be realized by using the purchasing procedures and bid results of another public entity in lieu of the bidding policies prescribed in this chapter, in accordance with the procedures set forth in subsection C of this section.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: The Police Department’s Tasers are an integral part of keeping Gonzales safe. This program will keep safety equipment available for use in keeping our community as safe as possible, while providing the needed tools to perform that task.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: This contract commits resources to ensure the Police Department can continue to provide excellent services. Tasers are an integral part of the Department’s escalation of force.
Without this piece of equipment, force options are more limited.
City services will be delivered in a cost-effective, respectful, and friendly manner to insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: Staff believes that this contract for equipment and maintenance is the most costeffective way to provide this need.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: Purchasing directly from the manufacturer with this single source product, saves retail markup and provides the best price.
ALTERNATIVES
Alternative 1 – The City Council could direct staff to purchase individual items as needed, and maintain the equipment when needed rather than contract for this single large purchase.
BUDGET IMPACT
Staff budgeted for contract expenses and this expense is within the approved budget, and will budget for this contract in future budgets.
CONCLUSION
Staff recommends the City Council approve Resolution No. 2023-55, A Resolution of the City Council of the City of Gonzales approving a Contract with Axon Enterprises, Inc. for 5 years, not to exceed $7,800 per year for the purchase of Taser™ equipment and service contract.
Attachments:
1. PD Taser Policy
2. Resol 23-55 Taser Equipment Contract with Axon Enterprises
3. Axon Enterprise Contract