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2014-28746 Reso RESOLUTION NO. 2014-28746 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS FURTHER SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH TASER INTERNATIONAL, INC., IN THE AMOUNT OF $635,057.90 (FOR YEAR ONE OF THE AGREEMENT), FOR THE PURCHASE OF BODY CAMERAS AND ASSOCIATED HARDWARE FOR THE MIAMI BEACH POLICE DEPARTMENT AND OTHER CITY DEPARTMENTS, ALONG WITH A LICENSE TO UTILIZE EVIDENCE.COM, A CLOUD BASED DIGITAL EVIDENCE STORAGE AND MANAGEMENT SOLUTION; SAID AGREEMENT FOR AN INITIAL TERM OF ONE YEAR, WITH FOUR (4) ONE YEAR RENEWAL OPTIONS, TO BE EXERCISED AT THE CITY'S DISCRETION (AND SUBJECT TO FUNDING AVAILABILITY); AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS. WHEREAS, the Administration has identified Taser International, Inc. as a manufacturer of point-of-view (body-worn) cameras that provide a hosted digital evidence storage system with the ability to collect, transfer, manage, retrieve and share the digital evidence captured by these cameras; and WHEREAS, Taser International, Inc. is an industry leader in body-worn cameras, which upon implementation within certain departments of the City of Miami Beach, the Administration believes will improve organizational transparency, accountability and safety; and WHEREAS, the Administration has determined that the utilization of body-worn cameras shall reduce complaints against police officers, reduce the number of use-of-force incidents, provide unparalleled evidence for court proceedings and reduce frivolous or meritless law suits against the City; and WHEREAS, in addition to these body-worn cameras being utilized by the Police Department, the Administration intends on having the City's Fire Inspectors, Code Compliance Officers, Building Inspectors and Parking Enforcement Specialists, who routinely interact with the public to be outfitted with these body-worn cameras, with the expectation that such cameras will further establish positive organizational transparency, accountability and safety for the City; and WHEREAS, the Agreement between the City and Taser International, Inc. will be for an initial term of one (1) year, for the monetary amount of $635,057.90, and the City shall have the option, at its discretion and subject to funding availability, to extend the Agreement for four (4) i one year renewals; for a total contract amount of $2,706,527.62 for the five (5) year Agreement term; and WHEREAS, the City Manager recommends that the City Commission waive, by 5/7th vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City; and WHEREAS, the Administration has confirmed that Taser International, Inc.'s body-worn cameras, coupled with their Evidence.com Data Management System software, is an exclusive product and service provided by Taser International, Inc., and is the only hosted evidence storage system that is offered by a manufacturer of body-worn cameras, which is in the best interest of the City. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the written recommendation of the City Manager (as further set forth in the City Commission memorandum accompanying this Resolution) and waiving, by 5/7ths vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorizing the City Administration to negotiate an agreement with Taser International, Inc., in the amount of $635,057.90 (for Year One of the Agreement), for the purchase of body cameras and associated hardware for the Miami Beach Police Department and other City departments, along with a license to utilize Evidence.com, a cloud based digital evidence storage and management solution; said Agreement for an initial term of one year, with four (4) one year renewal options, to be exercised at the City's discretion (and subject to funding availability); and further authorizing the Mayor and City Clerk to execute the Agreement, upon conclusion of successful negotiations. PASSED and ADOPTED this A9 day of SP �! P , 2014. ATTEST: MAYOR PHILIP,LEV % RAFAEL E. GRANADO Y CLERK ORF E I RATED: . '! ` �.�•r�/'ill-1'�`^�"l,C�ij APPROVED AST FORM &LANGUAGE 8►FOR EXECUTION Dat City Attorney e • COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE WRITTEN RECOMMENDATON OF THE CITY MANAGER AND WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE AND AGREEMENT WITH TASER INTERNATIONAL, INC., IN THE AMOUNT OF $635,057.90 (FOR YEAR ONE OF THE AGREEMENT), FOR THE PURCHASE OF BODY CAMERAS AND ASSOCIATED HARDWARE FOR THE MIAMI BEACH POLICE DEPARTMENT AND OTHER CITY DEPARTMENTS, ALONG WITH A LICENSE TO UTILIZE EVIDENCE.COM, A CLOUD BASED DIGITAL EVIDENCE STORAGE AND MANAGEMENT SOLUTION; SAID AGREEMENT FOR AN INITIAL TERM OF ONE YEAR WITH FOUR ONE-YEAR RENEWAL OPTIONS, TO BE EXERCISED AT THE CITY'S DISCRETION (AND SUBJECT TO FUNDING AVAILABILITY); AND FURTHER AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT, UPON SUCCESSFUL NEGOTIATIONS. Key Intended Outcome Supported: Streamline the Delivery of Services Through All Departments. Supporting Data(Surveys, Environmental Scan,etc.): Body-worn cameras can reduce false complaints against officers and frivolous lawsuits against agencies. A Cambridge University study of the Rialto (CA) Police Department documented that the use of body-worn cameras resulted in an 88% reduction in the number of misconduct complaints and a 60% reduction in the use of force by police officers. Similar studies and information obtained from other police departments mirror these results. Item Summa /Recommendation: TASER International is the industry leader in body-worn cameras and cloud based digital evidence management and storage. While there are other body-worn cameras available in the marketplace, the AXON camera system offers a number of features unique only to TASER which will impact the operational feasibility of a body-worn camera system, including multiple mounting options which allow video to be captured from the officers' point of view, camera battery life that exceeds 12 hours(other camera-worn systems have a significantly shorter battery life which would require re-charging mid-shift), and the Evidence Transfer Manager which provides for automatic file uploading while simultaneously charging the camera's battery. Most importantly, they are the only manufacturer that offers a hosted evidence storage and management solution, which provides important functionality including (but not limited to) evidence system redundancy, expert database management,automatic tracking of all system activity and real-time reporting critical for court purposes. In order to improve organizational transparency and accountability, the implementation of body-worn cameras is being recommended for the Police and other city departments. As the result of product reviews, field testing by the MBPD and recommendations from other law enforcement agencies based on their experiences, TASER's AXON body-worn camera system and their digital evidence management and storage solution (Evidence.com) were selected to meet this need. Additionally, the National Institute of Justice (NIJ) recently completed a review of available body-worn camera systems which provides further evidence to the Taser Axon system being the system best suited body-worn camera for the City's requirements. The Administration recommends a five year, phased agreement with TASER for the body-worn camera systems as detailed below. The agreement contains a non-appropriation clause which allows the City to terminate the agreement in the event sufficient funds are not appropriated. The contract also contains a termination for convenience clause. The first year of the agreement consists of purchasing and deploying the following number of body-worn cameras along with a subscription granting access to Evidence.com. The Police Department will begin with an initial deployment of 65 cameras, allowing the Department to fully evaluate the impact of the technology. Subject to successful deployment of the technology, the agreement also provides for the deployment of 50 additional cameras, at no cost to the City,within the first year. Contingent upon a successful year one deployment, the agreement provides for the full deployment by the Police Department by year two. The Fire Department, Code Compliance Division, Parking Department and Building Department will each initially deploy five cameras for evaluation and testing. If successful, the departments will proceed with full deployment within the first year as follows: Fire Department - 20 cameras, Code Compliance Division - 43 cameras, Building Department - 37 cameras and Parking Department - 57 cameras. The total budgeted cost for the first year of implementation of body-worn cameras is $635,176.30. The costs for years two, three, four and five are $953,183.72, $115,902.00, $115,902.00 and$115,902.00, respectively. RECOMMENDATION Approve the resolution. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: $86,000 General Fund(Code Compliance) $79,000 Building Training and Technology Fund(Building) $57,000 Fire Training and Technology Fund(Fire Rescue) $310,000 Confiscated Trust Fund-Federal(Police) OBPI $104,000 Parking Fund(Parking) YEAR 1 TOTAL $636,000 Funds subject to FY 2014/15 Budget Appropriation FUTURE YEARS $1,071,000 Funds subject to Future Year Budget Appropriation AGENDA ITEM MIAMI BEACH - -� � ®ATE j0 Financial Impact Summary: Year 1: $635,176.30. Year 2: $953,183.72. Years 3-5: $115,902.00/per year. Five year total is$2,706,528.12. The proposed enhancements for the Police Department include funding for two positions in Year 1, total of $196,682.55. In Years 2-5, it is anticipated that three positions will be needed with full deployment, total of $247,790.95/year. Additional associated costs for the Police Department include build-out of Property and Evidence Unit to include electrical and carpentry, $39,000; IT infrastructure improvements, $12,030; and annual internet connection fee, $15,500. City Clerks Office Legislative Tracking: Charles Tear Sign-Offs: e artment Die Assistant i na er City Ma a er CT DO F Mt JLM Vlvk ot2 LM/KGB/MAS//MMM J � T:\AGENDA\2014\September\TASER S (9-10-14).docx MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the Ci Commission FROM: Jimmy Morales, City Manager 9 DATE: September 10, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATON OF THE CITY MANAGER AND WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE AND AGREEMENT WITH TASER INTERNATIONAL, INC., IN THE AMOUNT OF $635,057.90 (FOR YEAR ONE OF THE AGREEMENT), FOR THE PURCHASE OF BODY CAMERAS AND ASSOCIATED HARDWARE FOR THE MIAMI BEACH POLICE DEPARTMENT AND OTHER CITY DEPARTMENTS, ALONG WITH A LICENSE TO UTILIZE EVIDENCE.COM, A CLOUD BASED DIGITAL EVIDENCE STORAGE AND MANAGEMENT SOLUTION; SAID AGREEMENT FOR AN INITIAL TERM OF ONE YEAR WITH FOUR ONE-YEAR RENEWAL OPTIONS, TO BE EXERCISED AT THE CITY'S DISCRETION (AND SUBJECT TO FUNDING AVAILABILITY); AND FURTHER AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT, UPON SUCCESSFUL NEGOTIATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Streamline the Delivery of Services Though All Departments. BACKGROUND Two areas of public concern facing most police departments today are Use of Force and Officer Complaints. Millions of Americans have cellphones with built-in cameras. These cameras are often used to record use-of-force incidents involving police officers. However, these recordings seldom show the suspect's actions prior to the use-of-force or the events from the officer's perspective. In addition to the time and resources it costs to address these issues, over $2 billion is paid out each year in the U.S. just to settle brutality complaints. A recent year-long study by Cambridge University involving the Rialto (CA) Police Department, credited the use of body-worn cameras with an 87.5% reduction in the number of misconduct complaints lodged against Rialto's police officers. This study also documented a 59% decrease in the number of incidents where police officers utilized force. The presence of the camera deterred negative behavior and encouraged compliance on the part of the public as well as improved the accountability of police officers. It's not a surprise then, that the fastest growing trend in law enforcement is the deployment of . 1 Commission Memorandum TASER Body Wom Cameras September 10, 2014 Page 2 of 5 body-worn cameras. Therefore, in an effort to improve organizational transparency and accountability through video technology, the City of Miami Beach has determined the use of body-worn cameras should be implemented within those departments where there are high levels of interaction with the public. Personnel identified as meeting this criterion are Police Officers, Fire Inspectors, Code Compliance Officers, Building Inspectors and Parking Enforcement Specialists. TASER INTERNATIONAL TASER International is the industry leader in body-worn cameras and cloud based digital evidence management and storage. Other manufacturers of body-worn cameras incorporate some, but not all, of the features found in TASER's AXON camera systems. Two unique features that distinguish TASER from other manufacturers, are the multiple mounting options for the AXON Flex camera which provide video evidence from the wearer's "point of view" and Evidence.com, TASER's cloud based solution which allows for the secure storage and management of video and other types of digital evidence. Other specific features offered by TASER and desired by the City of Miami Beach include: • 12-hours of camera battery life in 30 second pre-record buffering mode and in record mode. This is the only camera that has the ability to last a full shift without being recharged. • TASER's Evidence Transfer Manager (ETM) allows automatic file uploading and simultaneous recharging of body cameras. Each ETM has multiple docking stations and users do not have to be present while files upload. Users can dock their cameras in seconds at the end of their shift and go home; no log-in or wait is required. TASER is the only vendor that offers this option. • TASER cameras and digital evidence management solution enables users to immediately link and attach metadata to recordings prior to the evidence being uploaded. The ability to attach metadata in the field improves accuracy and efficiency. All other systems require the digital evidence to be uploaded to a laptop or desktop prior to the metadata being attached. • Evidence.com provides efficient, managed, hosted storage of all forms of digital evidence, redundant back-up, automatic tracking of all system and user activity, real- time audit reports to show chain-of custody for evidence without the need for local storage or software. • TASER's "Evidence Mobile" is the only mobile application that gives users the ability to capture digital evidence, immediately identify it, and link it to Evidence.com from an iOS or Android mobile device. This application allows the evidence to immediately become manageable and searchable in Evidence.com. COSTS The Agreement with TASER is for the purchase of body-worn cameras, associated hardware, licensing and a subscription granting access to Evidence.com for a period of five years. The total cost for all Departments for the five year period is $2,706,527.62. This cost is spread out over the term of the Agreement as shown below: Commission Memorandum TASER Body Wom Cameras September 10, 2014 Page 3 of 5 Year 1 - $635,176.30 Year 2 - $953,183.72 Year 3 - $115,902.00 Year 4 - $115,902.00 Year 5 - $115,902.00 The Agreement contains a non-appropriation clause allowing the City to terminate the Agreement in the event sufficient funds are not appropriated in years two through five. The Agreement also contains a termination for convenience clause. The following chart shows the breakdown of payments to TASER over the five year term of the Agreement: TASER QUOTE Prepared by: Body-worn Camera Annual Costs * The office of Emergency Management FY 2015 Thru FY 2019 """WIDEA0I Year 1 Year 2 Year 3 Year 4 Year 5 Fire Department Five Year Total Due Net 30 Due Jon 2015 Due Jan 2016 Due Jon 2017 Duo Jon 2018 Due Jon 2019 5 cameras 533,820.00 115 cameras I S23,160.00 S12,690.00 512,690.00 $12,690.00 S12,690.00 Est.Shipping $181.48 Total 557,161.48 S12,690.00 S12,690.00 $12,690.00 S12,690.00 $107,921.48 Year 1 Year 2 Year 3 Year 4 Year 5 Code Compliance Five Year Total Due Net 30 Die Jon 2015 Due Jon-2016 Due Jon 2017 Duo Jon 2018 Due Jon 20V9 5 cameras 533,820.00 38 cameras I S51,795.00 $32,148.00 S32,148.00 $32,148.00 $32.148.00 Est.Shipping 5300.78 Total 585,915.78 S32,148.00 S32,148.00 $32,148.00 532,148.00 $214,507.78 Year 1 Year 2 Year 3 Year 4 Year 5 .Building.Department Five Year Total Due Net r0 Due Jon 20)5 Due Jon 2016 Duo Ion 2017 Due Jan 2018 Dua Jan 2019 5 Cameras 533,820.00 32 cameras I S44,325.00 S27,072.00 S27,072.00 $27,072.00 S27,072.00 Est.Shipping $269.66 Total 578,414.66 S27,072.00 S27,072.00 527,072.00 S27,072.00 $186,702.66 Year 1 Year 2 Year 3 Year 4 Year 5 Parking Department Five Year Total Due Net 30 Quo Jan 201 S Due Jon 2016 Dua Ion 2017 Due Jon 2018 Due Jon 2019 5 cameras 533,820.00 52 cameras I 569,225.00 S43,992.00 S43.992.00 543,992.00 543,992.00 Est.Shipping $344.68 Total 5103,389.68 S43,992.00 S43,992.00 543,992.00 543,992.00 $279.357.68 Year 1 Year 2 Year 3 Year 4 Year S Police Department Five Year Total Due Not 30 Due Oct 2015 Me Oct 2016 Due Oct 2C17 Due Oct 2018 Due Oct 2019 65 cameras S309,933.50 50 cameras (No cost to City) 320 cameras 5579,746.10 $256,860.00 S256,860.00 $256,860.00 S256,860.00 Est.Shipping S242.80 5675.62 Total $310,176.30 S837,281.72 S256,860.00 $256,860.00 1 S256,860.00 1 $1,918,038.02 Total Annual Costs: $635,057.90 $953,183.72 $115,902.00 $115,902.00 $115,902.00 Five Year Total Cost: $2,706,527.62 Note:In addition to the purchase of cameras,this quote includes all associated hardware,licensing,data storage fees,and the services detailed in TASER's Professional Services Agreement. There are no additional costs. Commission Memorandum TASER Body Wom Cameras September 10, 2014 Page 4 of 5 The Police Department, to handle the additional duties that will result from their implementation of body-worn cameras, has submitted a proposed budget enhancement for additional personnel. The proposed enhancement calls for the funding of two positions in the first year, at a cost of $196,682.55. The second, and subsequent years, call for an additional position for a total cost of$247,790.95 per year. The Police Department will also incur the following non-budgeted, additional costs associated with the implementation of body-worn cameras. • Property and Evidence Unit build out, electrical and carpentry: $39,900 • IT infrastructure: $129030 • Internet charges, per year: $15,500 The other Departments will also incur additional, non-budgeted costs when implementing the use of body-worn. Although these costs are expected to be less, it is anticipated there will be a significant increase in public records requests. Fulfilling these requests in a timely manner will mostly likely require additional personnel. PHASED-IN DEPLOYMENT PROCESS The deployment of the body-worn cameras will be conducted in several phases beginning in October 2014. Fire, Code, Buildinq and Parkin_g The initial deployment for Fire Inspectors, Code Compliance Officers, Building Inspectors and Parking Enforcement Specialist will consist of five body-worn cameras each, for an initial period of approximately three months. Prior to implementing full deployment for these Departments, an evaluation of the program will be conducted to identify and rectify any unanticipated issues related to the use of the cameras and, the storage and management of the video collected as well as the management of public records requests. Beginning in January 2015, the following number of additional cameras will be issued: • Fire Inspectors— 15 • Code Compliance—38 • Building Inspectors—32 • Parking Enforcement—52 This constitutes full deployment for these departments. Police As the largest user within the City, the Police Department's deployment of body-worn cameras will be conducted in three phases. The initial deployment will consist of issuing approximately 65 cameras to sworn personnel working in the Entertainment District and other areas where there is frequent contact with the public. In addition, one or two officers from each shift and patrol area will be selected. It is anticipated this first phase will last approximately six to 12 months. At the conclusion of this first phase, like the other Departments, an evaluation will be conducted to identify and rectify any unanticipated issues related to the use of the cameras and, Commission Memorandum TASER Body Wom Cameras September 10, 2014 Page 5 of 5 the storage and management of the video collected as well as the management of public records requests. Phase two will consist of deploying an additional 50 cameras, possibly as early as April 2015, to police personnel assigned to the Crime Suppression Unit, Assertive Crime Enforcement Unit, K- 9 and SWAT. Additional volunteers from Uniform Patrol on various shifts and area assignments will also be issued cameras. At the conclusion of this phase, another evaluation will be conducted to further improve the program. Phase three will consist of deploying the remaining unassigned cameras to all uniformed officers and first line supervisors. This anticipated deployment will begin approximately 18-14 months after the initial deployment. POLICY AND TRAINING Prior to the deployment of any body-worn cameras, each of the respective Departments will have an approved policy in place to include, but not limited to, when body-worn cameras will be activated/deactivated, the procedure for storing collected video, retention periods and who can access stored video and for what purposes. The Police Department's policy will be written utilizing the International Association of Chiefs of Police's body-worn camera model policy and will provide the basis for the other Departments' policies. Prior to being issued a body-worn camera, all users will attend four hours of training. Training will cover departmental policy, operation of the camera and the transfer of video from the camera to Evidence.com. CONCLUSION AND RECOMMENDATION Based upon TASER's unique features and a field test conducted by the Miami Beach Police Department, product reviews, detailed analysis of competitive camera systems and recommendations from other police departments and law enforcement professionals, the Administration recommends the Mayor and City Commission authorize the Mayor to enter into a five year, phased agreement with TASER International for the purchase TASER's body-worn cameras and associated hardware along with a license to utilize Evidence.com. JLM/KGB/MAS/MMM T:\AGENDA\2014\September\Suntrust ATM MEMO(9-10-14).docx