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2015-28900 Reso RESOLUTION NO. 2015-28900 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO PURCHASE ADDITIONAL CONDUCTED ELECTRONIC WEAPONS AND OTHER ACCESSORIES (THE "EQUIPMENT") FROM TASER INTERNATIONAL, INC. IN THE TOTAL AMOUNT OF $519,230, PREVIOUSLY APPROVED AS A SOLE SOURCE PURCHASE PURSUANT TO RESOLUTION 2014-28726, AND AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH TASER INTERNATIONAL, INC., FOR THE PURCHASE OF THE EQUIPMENT; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THAT AGREEMENT WITH TASER INTERNATIONAL WHICH SHALL DEFER PAYMENT OF THE EQUIPMENT OVER A FIVE (5) YEAR PERIOD, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS. WHEREAS, Section 2-367(d) of the Miami Beach Code authorizes the City Commission to negotiate contracts for the purchase of goods and/or services in those circumstances where one source for the products or service is evident; and WHEREAS, TASER brand products, which includes the Taser X-2 Conducted Electrical Weapons (CEWs) and all department-issued accessories (extended warranties, battery packs, holsters, cartridges, etc.), is manufactured and solely distributed by Taser International Inc.; and WHEREAS, on September 10, 2014, the City Commission approved Resolution No. 2014-28726 that recognized Taser International, Inc. as the sole source and only authorized distributor of TASER brand products; and WHEREAS, the Police Department requires the purchase of CEWs and other accessories (the "Equipment") from Taser International, Inc., in the total amount of $519,230; and WHEREAS, Taser International, Inc. implemented a program that would allow Law Enforcement agencies to upgrade their existing CEWs X-26 to X-2, and permit these law enforcement agencies to defer the costs over a five (5) year period of time; and WHEREAS, the financing program will allow the Miami Beach Police Department to outfit its patrol officers with new CEWs, and allow the City to remit an initial down payment of $187,000 and four subsequent annual payment of$83,000 for the equipment. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorizing, pursuant to Section 2-367 (d) of the Miami Beach City Code, the City Manager to purchase additional Conducted Electronic Weapons and other accessories from Taser International, Inc. in the total amount of $519,230, previously approved as a sole source purchase pursuant to Resolution 2014-28726, and authorizing the City Administration to negotiate an agreement with Taser International, Inc., for the purchase of the equipment; and further authorizing the City Manager to execute that agreement with Taser International which shall defer payment of the equipment over a five (5) year period, upon conclusion of successful negotiations. PASSED AND ADOPTED THIS / " DAY OF Jlrn/ 0' , 2015. ATTEST: ----- /, y' Mayor Ph.-P°p Le`` ____ ii_ / '/; Ra el E. Granado, City Clerk v-r .,\\ L::. . 0. .. , . "•.':-:.';.. --,, ?� APPROVED AS TO ,...,:i.:::::' = ,\,;'s��': .);' ?\ FORM&LANGUAGE :r ,ca r.:::: \/Z), &FOR EXECUTION I'i'vOOR I i_ "ii i L-_L^ i_, - ,c-, i - °I - (5 �►,�.' • °... • ''67 4111W City Attorney C --Date COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO PURCHASE ADDITIONAL CONDUCTED ELECTRONIC WEAPONS AND OTHER ACCESSORIES (THE "EQUIPMENT") FROM TASER INTERNATIONAL, INC., IN THE TOTAL AMOUNT OF $519,230, PREVIOUSLY APPROVED AS A SOLE SOURCE PURCHASE PURSUANT TO RESOLUTION 2014- 28726, AND AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH TASER INTERNATIONAL, INC., FOR THE PURCHASE OF THE EQUIPMENT; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THAT AGREEMENT WITH TASER INTERNATIONAL INC., WHICH SHALL DEFER PAYMENT OF THE EQUIPMENT OVER A FIVE (5) YEAR PERIOD, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS. Key Intended Outcome Supported: Insist on Police Department Accountability and Skilled Management Leadership Issue: IShould the Administration adopt the Resolution? Item Summary/Recommendation: Since 2003,the Miami Beach Police Department has utilized the Taser weapons system as one tool in use of force encounters.There is ample research to support the effectiveness of this technology in reducing injuries and deaths to police officers and citizens. In effect,the Taser has become a very effective device to gain compliance when force is necessary to physically detain a subject. Unfortunately, the model originally urchased b the Department, the Taser X-26 Electronic Control Y� purchased by P Weapon(ECW), has reached the end of its service life and as of December 31,2014,Taser International will no longer manufacture or maintain it. In preparation,two years ago the department began a transition phase to a new Taser Smart-weapon, the X-2, and has been pleased with the product. The X-2 ECW is a significant upgrade from the Taser X-26 in both technology and safety.This is a critically important factor from the perspective of community relations and public perception.In this same spirit,the new model now includes a variety of features that will.aid in the Department's ability to deploy a more effective,less lethal weapon. In short,the X-2 model contains the latest technology in ECWs and uses less energy to produce the same neuromuscular incapacitation. Obviously the cost of upgrading and outfitting all patrol officers with the new unit presents some fiscal challenges. However, in late 2014,Taser International began a program that allows agencies to upgrade from the X-26 through a specific financing agreement. By using funding that is currently budgeted as a down payment, the Department can replace all ECW's immediately. After the initial down payment of$187,000, the financing program will require four subsequent,annual payments of $83,000. The agreement includes all new Taser X-2 ECWs with corresponding holsters, batteries and cartridges needed for training and deployment. Additionally,the financing agreement ensures the current pricing for the duration of the five year agreement and includes a five year extended warranty for all the ECWs. The Department will need a total of 345 ECW's to fully equip all sworn personnel, including Reserve Officers. This will also provide for a small inventory of ECW's as spares and replacements when units require service. It should also be noted that the financing agreement,as proposed by Taser,would replace all 55 of our previously purchased black X-2 ECWs and all new X-2s purchases with the yellow-colored version, allowing immediate identification of the device as an ECW and not a firearm. Essentially for the cost of slightly more than what is normally budget annually for Taser maintenance,the Department can replace all existing Taser X-26s with a newer, safer product. The only additional cost is AGENDA ITEM R7 C MIAMIBEACH DATE -fit{-I s that of replacement batteries and cartridges for the ECWs. CONCLUSION As a Police Department, it is crucially important that officers have access to tools that protect them in the course of their duties. However, another equally critical element includes safeguarding the health and safety of those we serve, including those we have to arrest or detain. It is my belief that the deployment of the new Taser technology will provide an appropriate balance to protect both the officer and the community from unexpected tragedy or unintended consequences. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation to purchase additional conducted electronic weapons and accessories(the"Equipment"),from Taser International Inc., in the total amount of$519,230, previously approved as a sole source purchase pursuant to Resolution No. 2014-28726, and authorizing the City Administration to negotiate an agreement with Taser International, Inc.,for the purchase of the equipment; and further authorizing the City Manager to execute that agreement with Taser International Inc., which shall defer payment of the equipment over a five (5) year period, upon conclusion of successful negotiations. , Advisory Board Recommendation: NA Financial Information: Source of Amount Account unds: . 1 $187.000 011-1130-000325 O Total . $187,000 Financial Impact Summary: City Clerk's Office Legislative Tracking: Sign-Offs: Department Director , Assistant City Manager City Manager DJO -) ST) . MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members the City C.Ci mission FROM: Jimmy L. Morales, City Manager 6 ' DATE: January 14, 2015 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO PURCHASE ADDITIONAL CONDUCTED ELECTRONIC WEAPONS AND OTHER ACCESSORIES(THE"EQUIPMENT") FROM TASER INTERNATIONAL, INC. IN THE TOTAL AMOUNT OF$519,230,PREVIOUSLY APPROVED AS.A SOLE SOURCE PURCHASE PURSUANT TO RESOLUTION 2014- : 28726, AND AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH TASER INTERNATIONAL, INC. FOR THE PURCHASE OF THE EQUIPMENT; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THAT AGREEMENT WITH TASER INTERNATIONAL WHICH SHALL DEFER PAYMENT OF THE EQUIPMENT OVER A 5 YEAR PERIOD, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS. ADMINISTRATION RECOMMENDATION • Adopt the Resolution ANALYSIS I Since 2003, the Miami Beach Police Department has utilized the Taser weapons system as one tool in use-of-force encounters. The leading thinking and best practice in American policing continues to be that these weapons are a compassionate less-lethal-force option. The vast majority of larger police departments issue them to patrol officers. There is ample research to support the effectiveness of this technology in reducing injuries and deaths to police officers and citizens. The Taser is an effective device to gain compliance when force is necessary to physically detain a subject. The model originally purchased by the Department, the Taser X-26 Electronic Control Weapon (ECW), has reached the end of its service life.As of December 31, 2014, Taser International no longer manufactures or maintains it. In preparation, two years ago the Department began a transition phase to a newer Taser Smart- i . weapon, the X-2, and has been pleased with the product. The X-2 ECW is a significant upgrade from the Taser X-26 in both technology and safety. This is an important factor from the perspective of community relations and public perception. The new model now includes a variety of features that will aid in the Department's ability to deploy a more effective, less lethal weapon. In short,the X-2 model contains the latest technology in ECWs and uses less energy to produce the same neuromuscular incapacitation. The cost of upgrading and outfitting all patrol officers with the new unit presents some fiscal challenges. However, in late 2014,Taser International began a program that allows agencies to upgrade from the X-26 through a specific financing agreement. By using funding that is currently budgeted as a down payment, the Department can replace all ECW's immediately. After the initial down payment of$187,000, to be taken from existing funding in the current fiscal year, the financing program will require four subsequent, annual payments of $83,000. The agreement includes all new Taser X-2 ECWs, with corresponding holsters, batteries and cartridges needed for training and deployment. Additionally, the financing agreement locks in the current pricing for the duration of the five-year agreement and includes a five-year extended warranty for all the ECWs. The Department will need a total of 345 ECW's to fully equip all patrol personnel, including Reserve Officers. This will also provide for a small inventory of ECW's as spares and replacements when units require service. It should also be noted that the financing agreement, as proposed by Taser, would replace all 55 of our previously purchased black X-2 ECWs and all new X-2s purchases with the yellow- colored version. This change in color is being done for safety reasons. The yellow Taser provides immediate identification of the device to suspects -- and to fellow officers on scene -- as an ECW and not a firearm. For the cost of slightly more than what is normally budget annually for Taser maintenance, the Department can replace all existing Taser X-26s with a newer, safer product. The only additional cost is that of replacement batteries and cartridges for the ECWs. CONCLUSION The upgrade of the Police Department's less-than-lethal ECWs is necessary at this time because the existing Tasers have become obsolete and because the newer devices are safer and more compassionate weapons. This proposal results in the immediate replacement of all 345 weapons in the MBPD inventory, with the cost covered over the next five years. Money for this fiscal year's down payment exists within the Police Department budget. The out-year cost of$83,000 annually for the next four years is reasonable for this important technology. It is my belief that the deployment of the new Taser technology will provide an appropriate balance to protect both the officers and the community from unexpected tragedy or unintended consequences. JLM:DJO:WRG:tr