191535

The City of Portland ordains:

Section 1. The Council finds:

1. The Police Bureau (PPB) has been issuing conducted electronic weapons (CEWs), more commonly known as tasers, since 2002. At that time, the PPB was purchasing CEWs from Taser International Inc., now known as Axon Enterprises, Inc.  Axon Enterprises, Inc. (Axon) is the sole source of taser CEWs.
    
2. From 2005 to 2014, PPB’s CEWs were the Taser Model X26 (X26).  All patrol personnel were trained and issued model X26 tasers in that time.  Axon discontinued the X26, precipitating the move away from that model to one of their latest models, the Taser X2 (X2).
    
3. In 2015, the Police Bureau started its transition from the taser model X26 to the X2 and trained all patrol personnel on its use. The X2 is currently carried by all uniform patrol officer and sergeants.
    
4. The X2 is a less-lethal alternative that allows officers to incapacitate a violent or combative subject from a safe distance, while reducing injuries to officers and suspects.
    
5. Axon Enterprises, Inc., the manufacturer of the X2, has recently notified the PPB that they have discontinued the model and will stop supporting it through the manufacture of accessories. Axon continues to offer limited support for the X2; however, the Police Bureau must select a new model of taser for all future purchases. 
    
6. The Police Bureau is currently planning the conversion of its taser inventory from the model X2 to the Taser Model 7 (7).  The 7 model offers improved function over the X2 and is the oldest model currently available through Axon that can support the use of the body worn camera system. 
    
7. Contract No. 30003312 for CEWs expired April 29th, 2023, and cannot be renewed. PPB has received authorization from Procurement Services to contract via a sole source procurement but cannot exceed the Chief Procurement Officer’s authority threshold of $1,000,000.
    
8. The cost to transition to the new 7 model is estimated at $3,400,000 for five years. The Police Bureau is still determining the most effective budgetary appropriations for this conversion.  Funding for the first year of purchases resides in the Police Bureau’s existing appropriations.
    
9. In Accordance with PCC 5.33.120(C), Procurement Services posted a Notice of Intent to Award on its website to notify the public of its intent to award a Sole Source contract to Axon; no protests were received in response to that posting.
    
10. Immediate action is required to secure the sole source contract for the CEW conversion project as the pricing for the new Taser model is only guaranteed through December 31, 2023.  Delay will cost the City of Portland more to fund this necessary conversion.

NOW, THEREFORE, the Council directs:

1. The Chief Procurement Officer is authorized to award and execute a contract with Axon Enterprises, Inc., in the not-to-exceed amount of $3,400,000 for an initial term of five years, provided that the contract conforms to processes outlined in PCC 5.33.120 is approved as to form by the City Attorney's Office.

Section 2. The Council declares that an emergency exists because further delay threatens the prompt transition to the new taser model; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.