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2015-28976 Reso RESOLUTION NO. 2015-28976 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 $499,309.76, PREVIOUSLY APPROVED AS A SOLE SOURCE PURCHASE PURSUANT TO RESOLUTION NO. 2014-28726, AND FURTHER AUTHORIZING THE CITY TO DEFER PAYMENT OF THE EQUIPMENT OVER A FIVE (5) YEAR PERIOD THROUGH SUNTRUST EQUIPMENT FINANCE AND LEASING CORP., AND REPEALING CITY OF MIAMI BEACH RESOLUTION NO. 2015-28900 THAT AUTHORIZED THE PURCHASE OF THE EQUIPMENT ON JANUARY 14, 2015. 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.) (hereinafter identified as "the Equipment"), 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 the Equipment from Taser International, Inc., in the total amount of $499,309.76, which will serve to provide the Police Department with CEWs that are a significant upgrade in technology; and WHEREAS, Taser International, Inc. implemented a program that allowed Law Enforcement agencies to immediately upgrade their existing CEWs X-26 to the technologically advanced X-2 model, and these law enforcement agencies had the ability to defer the costs for the CEWs over a five (5) year period of time; and WHEREAS, on Janua ry 14, 2015, the City Commission approved Resolution No. 2015- 28900 that authorized the Police Department to purchase the CEWs, but omitted the actual purchase amount for the Equipment and the entity that would have financed this expenditure; 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 finance this equipment through SunTrust Equipment Finance and Leasing Corp. ("STEFL") over a five (5) year period; and WHEREAS, the repealing of Resolution No. 2015-28900 will be effective immediately upon passage by the Mayor and City Commission of this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby 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 $499,309.76, previously approved as a sole source purchase pursuant to Resolution No. 2014- 28726, and further authorizing the City to defer payment of the Equipment over a five (5) year period through SunTrust Equipment Finance and Leasing Corp., and repealing City of Miami Beach Resolution No. 2015-28900 that authorized the purchase of the Equipment on January 14, 2015. PASSED AND ADOPTED THIS IS- DAY OF Apri( , 2015. ATTEST: i. .� =•'•;.�. �1..� -.114 Mayor Phili o L Raf:el E. Gr- ado.. :,rs I= .xi it ... 0�tt �% • 17.011%.„, : APPROVED AS TO Th RpnORATED' s FORM & LANGUAGE . • 431" &F CUTION ar City Attorney Dote 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$499,309.76, 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. Key Intended Outcome Supported: Insist on Police Department Accountability and Skilled Management Leadership Item Summary/Recommendation: This matter was previously brought to the Commission, in January 2015, and unanimously approved as a Consent Item. However, a new financing arrangement has since been identified and secured, requiring the Commission's approval. It is crucially important that officers have access to tools that protect them in the course of their duties.Another equally critical element includes safeguarding the health and safety of those we serve, including those we have to arrest or detain. 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 from Taser International Inc. (previously approved as a sole source purchase pursuant to Resolution No. 2014-28726). Advisory Board Recommendation: NA Financial Information: Source of Amount Account Funds: 1 $499,309.76 Subject to budget appropriation. OB 0 Total $499,309.76 Financial Impact Summary: The financing program will allow the Miami Beach Police Department to outfit its patrol officers with new ECWs through SunTrust Equipment Finance and Leasing Corp. ("STEFL"). After the initial down payment of$187,000,the financing at 67%of the 6 month LIPOR rate plus 74 basis points, which is currently at 1.77%, will occur over a five (5) year period. City Clerk's Office Legislative Tracking: Sign-Offs: Department Director Assistant City Manager City Manager DJO lot ice .71.41 MIAMIBEACH AGENDA ITEM C 7e DATE 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 of the Ci Co mission FROM: Jimmy L. Morales, City Manager "" DATE: April 15, 2015 SUBJECT: 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 $499,309.76, 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 ADMINISTRATION RECOMMENDATION Adopt the Resolution ANALYSIS 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. The Taser has become a very 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 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. 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. This matter was previously brought to the Commission, in January 2015, and unanimously approved as a Consent Item. However, a new financing arrangement has since been identified and secured, requiring the Commission's approval. The financing program will allow the Miami Beach Police Department to outfit its patrol officers with new ECWs through SunTrust Equipment Finance and Leasing Corp. ("STEFL"). After the initial down payment of$187,000, the financing at 67% of the 6 month LIPOR rate plus 74 basis points, which is currently at 1.77%, will occur over a five (5) year period. 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 ou r 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 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 arrestor 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. JLM:DJO:wrg