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20-1945 - 5696 - Amendment 1 Ordinance Executed20-1945ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A SOLE SOURCE AGREEMENT BETWEEN THE CITY OF DENTON AND AXON ENTERPRISE, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCL ON OCTOBER 17, 2017, nv THE NOT-TO-EXCEED AMOUNT OF $1,176,243.66; SAID FIRST AMENDMENT TO PROVIDE ADDITIONAL SERVICES AND MATERIALS RELATED TO THE TASER BODY CAMERAS FOR THE POLICE AND FIRE DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5696 –PROVDRqG FOR AN ADDITIONAL FRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $ 144,335.37, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $1 ,320,579.03), WHEREAS, on October 17, 2017, by Ordinance No. 2017-3 1 7, the City awarded a contract to Axon Enterprise, Inc. in the amount of $1,176,243.66, for purchase of Axon body-worn camera systems and associated modules which include Evidence Transfer Manager (ETM), digital evidence management software, data storage, TaserX2 Conductive Electric Weapons (CEWs), holsters, Taser X2 cartridges and batteries; and WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable and are consistent with and not higher than the recommended practices and fees applicable to the provider’s profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCE OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment, increasing the amount of the contract between the City and Axon Enterprise, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Hundred Forty-Four Thousand, Three-Hundred Thirty-Five Dollars and 37/100 ($ 144,335.37), is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $1,320,579.03 . SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval The motion to approve this ordinance was made seconded by the following vote k - a by Hm and ordinance was passed and approved by the Aye J ,Z st JC ,/-L Nay Abstain Absent V/Mayor Chris Watts: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED thi, th, b+n d,y ,f C)C4')bcc . 2020. ATTEST: ROSA RIOS, CITY SECRETARY Gerard Hudspeth, Mayor Pro Tem a APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY /%./ f ;-v~uk