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SR 12-15-2020 3J City Council Report City Council Meeting: December 15, 2020 Agenda Item: 3.J 1 of 5 To: Mayor and City Council From: Jacqueline Seabrooks, Police Chief, Police Department Subject: Approval of Purchase Order with Axon Enterprises, Inc. for Purchase of Taser for Police Department Recommended Action Staff recommends that the City Council authorize the Procurement Manager to issue a purchase order with Axon Enterprises, Inc. for the purchase of Model 7 Tasers for the Police Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b-c) and is for a total amount not to exceed $862,391 over five years with future year funding contingent on Council budget approval. Summary The Santa Monica Police Department (SMPD) currently utilizes the Taser model X26P device. The X26P is a conductive energy device (CED) which is a self-defense tool relied upon by officers to overcome the resistance presented by violent, combative subjects. The Police Department’s current X26P inventory is approaching its end-of-life expectancy and its current warranty expires in the Spring of 2021. The equipment will no longer serviced by Axon Enterprises, Inc., thereby rendering any units requiring maintenance or software updates unusable. While newer versions of the X26P are being sold, they are being replaced by the more technologically advanced Taser model 7 device. Discussion It is the policy of SMPD that all members hold the highest regard for the sanctity of human life and the dignity and liberty of all persons. Each member of SMPD is entrusted with being a guardian of public safety, and the decision to use force, even at its lowest level, is a serious responsibility. When feasible, under the totality of circumstances, members shall utilize de-escalation strategies and techniques to 3.J Packet Pg. 203 2 of 5 minimize, divert, or eliminate conflicts and uses of force. Decisions regarding use of force must be made in a manner that is fair and unbiased. Every sworn and custody officer of the SMPD is provided with equipment, training, and skills to assist in the apprehension and control of suspects as well as the protection of officers and the public. One of the less lethal force tools utilized by the SMPD is the Taser, a CED manufactured by Axon Enterprises. The Taser is intended to control a violent or potentially violent individual, while minimizing the risk of serious injury. It is anticipated that the appropriate use of such a device will result in fewer serious injuries to both police personnel and suspects. Only members who have successfully completed Department approved training are issued and approved to carry a Taser. The Taser is used when it is reasonably necessary to control a person who is: - Violent, actively aggressive, and poses an immediate threat to the safety of an officer or others; - By their words or actions demonstrates the intention to be violent or to physically resist, and reasonably appears to pose an immediate threat to the safety of themselves, officer(s) or others. SMPD has deployed CEDs since the early 1990s. These devices have repeatedly proven themselves to be a valuable tool that has significantly changed the way law enforcement deals with violent and resistive suspects. It has been credited by multiple studies with reducing injuries to both suspects and officers. The Santa Monica Police Department has only deployed conductive energy weapons manufactured by Axon Enterprises, Inc. (formerly known as Taser International) because it is the only manufacturer that provides a consistently reliable product of this type in the market that has been studied and been the subject of favorable rulings in litigation. Axon Enterprises recently introduced the Taser 7 CED, which offers significant technological advancements over the Department's existing CED (X26P model). These technological features are patented and proprietary in nature; therefore, none of these features can be acquired from any other CED manufacturer. Examples of these features include the following: • The activated Taser 7 can be configured to automatically activate all Axon body worn camera systems on SMPD personnel within a radius of approximately 30 feet; 3.J Packet Pg. 204 3 of 5 • The Taser 7 is capable of firing multiple cartridges if necessary, whereas the X26P is a single shot weapon and can only fire one cartridge at a time before needing to be reloaded; • It can fire both the newly developed Taser 7 close quarter cartridges and standoff cartridges providing for an effective range of direct contact up to 25 feet; • It is equipped with a green laser and dual red lasers that adjust for the type of cartridge being deployed and lighting conditions; • The Taser 7 has the ability to display an electrical arch (which has been shown to de-escalate potentially violent situations) with the simple push of a button; • It delivers a similar electrical charge as previous models but at a more rapid pulse rate, causing more effective compliance; • The Taser 7 darts have been improved to fly straighter and faster with nearly twice the kinetic energy for better connection to the target; making it much more efficient against someone wearing multiple layers of clothing; • It can be wirelessly connected to the Department's existing Axon network to enable easier inventory management, firmware updates, and uploading of device logs. The Taser 7 Certification Product Package for the Department would include 242 Taser 7 devices as well as the holsters, docking stations, rechargeable batteries, hardware replacement warranty, and Axon Evidence.com licensing. The package would also include all of the required annual certification training cartridges, unlimited duty cartridges, online user training content access, 2 HALT training suits, 2 training targets, a training oculus headset plus access to Axon's de-escalation training content, 4 courses for basic instructor certification and an annual master instructor training course certification class. In addition, participation in the Taser 7 Certification Product Package will allow the Department to pay for the cost of this program over a 5-year period, which is unique to only this particular product package. The other benefit of this product package is that it would allow the contract to be awarded to Axon Enterprises, Inc. for the Taser 7 Certification Product Package to immediately equip all of its officers with the 3.J Packet Pg. 205 4 of 5 Taser 7 device while amortizing the cost associated with this benefit over a period of 5 years. Breakdown of Costs by Year Year Months Covered Date Payments 1a 6 Dec-20 $ 55,125 1b 12 Jul-21 $ 88,200 2 12 Jul-22 $ 165,375 3 12 Jul-23 $ 221,477 4 12 Jul-24 $ 221,476 5 6 Jul-25 $ 110,738 Total $ 862,391 As a result, the Taser product line is the one most often utilized by contemporary law enforcement organizations. Recent advancements in the technology associated with conductive energy devices include the incorporation of accountability features such as internal monitoring and auditing functions and video capture capability through a direct link with the Department’s pre-existing body-worn cameras where those cameras are within range of the Taser 7 at the time of a deployment. Deployment information such as the date, time, internal temperature, and duration of each discharge is automatically captured and stored in the device’s data portal for risk management purposes. This information can be essential when conducting post-deployment reviews. Although there are various CEDs in the marketplace, these weapons require the device to be in direct contact with the target subject. Axon Enterprises, Inc. is the only manufacturer of a conductive energy device which enables both direct contact and the valuable ability to deploy the device from up to 25 feet from the target subject. This distance has the potential to provide an enhanced safety zone for the officer when he/she is interacting with a violently resistive subject. The functional differences between the current Taser X26P and the proposed Taser 7 will require that all personnel who are issued the Taser 7 undergo additional training which will be included in any amendments to existing Department policy concerning the use of such conductive energy devices. Staff recommends replacing all the Police Department’s existing inventory of X26P models with the new and updated Taser 7 model, the most current device offered by Axon Enterprises, Inc. Vendor/Consultant Selection 3.J Packet Pg. 206 5 of 5 Staff recommends Axon Enterprises, Inc. provide and deliver the Taser 7 as an exception to the competitive bid process per SMMC 2.24.250 (b-c). Axon Enterprises, Inc. is the only authorized Southern California distributor. Past Council Actions Meeting Date Description 05/24/2016 (attachment A) Most recent purchase of previous Taser model X26P. Financial Impacts and Budget Actions Staff seeks authority to approve funding from the General Fund to award a purchase order to Axon Enterprises, Inc. for the purchase of the Taser 7. Future year funding is contingent on Council budget approval. Contract Request FY 2020-21 Budget Request Amount Department Account # Total Contract Amount $55,125 01180005.529230 $862,391 Prepared By: Nicole Bustamante, Senior Administrative Analyst Approved Forwarded to Council Attachments: A. Staff Report - May 24, 2016 B. Oaks Form - Axon Enterprises, Inc. 3.J Packet Pg. 207 City Council Report City Council Meeting: May 24, 2016 Agenda Item: 3.M 1 of 3 To: Mayor and City Council From: Jacqueline Seabrooks, Police Chief, Police Department Subject: Purchase of Tasers for the Police Department Recommended Action Staff recommends that the City Council authorize the Purchasing Services Manager to issue a purchase order with Proforce Law Enforcement, an Arizona-based company, for the purchase of Taser Model X26P. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.080(d) and is for a total amount not to exceed $232,585.18. Executive Summary The Santa Monica Police Department currently utilizes the Taser model X26 manufactured by Taser International and distributed through the sole source distributor for Southern California, ProForce Law Enforcement. The Taser X26 is a conductive energy device which is a self-defense tool relied upon by officers to overcome the resistance presented by violent, combative subjects. Because the Police Department’s current X26 Taser inventory is well beyond its expected lifespan, the equipment is no longer serviced by Taser International, thereby rendering any units requiring maintenance or software updates unusable. The Taser X26 has been discontinued and replaced by the more technologically advanced model X26P. Given the age of and increasing numbers of inoperable Taser X26 units currently in the Police Department’s inventory, Staff recommends the award of a purchase order in an amount not to exceed $232,585.18 to Proforce Law Enforcement; the awarding of this purchase order is an exception to the competitive bidding process articulated in Santa Monica Municipal Code Section 2.24.080(d); competition does not exist because only one vendor possesses the unique ability or capability to meet the particular requirements of the solicitation, such as a good or service that is copyrighted, patented or otherwise only available from one license holder. Background In 2003, the Santa Monica Police Department purchased the first of many Taser X26 devices. This equipment provides officers with a less-lethal option which can be deployed in order to subdue violently resistive subjects while minimizing the injury potential for officers and the involved subject. This conductive energy device has proven to be highly effective in stopping even the most focused and aggressive 3.J.a Packet Pg. 208 Attachment: Staff Report - May 24, 2016 (4359 : Purchase of Taser for Police Department) 2 of 3 subjects. By equipping the Department’s officers with Taser X26 equipment, the number of officer injuries associated with violent encounters has been substantially reduced. Importantly, the number of injuries to violent and resistive suspects has also substantially decreased. Taser International, an Arizona-based company, is the only company that manufactures a consistently reliable, time-tested, conductive energy device. As a result, the Taser product line is that most often utilized by contemporary law enforcement organizations. Recent advancements in the technology associated with conductive energy devices include the incorporation of internal monitoring and auditing functions and video capture capability. Deployment information such as the date, time, internal temperature, and duration of each discharge is automatically captured and stored in the device’s data portal; for risk management purposes, this information can be essential when conducting post-deployment reviews. In July 2006, July 2007, September 2011, and April 2012 the City Manager’s Office authorized the sole source purchase of Tasers from Proforce Law Enforcement, Southern California’s sole distributor for Taser International. In April 2013, the City Manager’s Office authorized a five-year sole source option for the purchase of Tasers. Discussion Conductive energy devices have long been considered a vital tool in preventing and de- escalating violent physical encounters. The Police Department has successfully relied upon the Taser Model X26 during encounters with violent and potentially violent individuals with the result being less severe or minimal injuries to the involved officers and subjects than would have been the case had the Taser not been deployed. A conductive energy device is controlled and regulated by a microprocessor which delivers a low grade shock which is generally sufficient to disrupt the behavior of violently resistive individuals thereby enabling them to be taken into custody. In order to be consistently effective, conductive energy devices require routine maintenance, battery recharging/replacement, software updates, and data downloads supported by consistent training and comprehensive usage policies. As the Department’s inventory has aged, replacement parts have become more difficult to locate, and service/repair costs may exceed the value of device replacement. The Taser X26 currently in use in the Police Department has exceeded its functional service expectancy; a significant number of Tasers are currently inoperable. Because of the age of the existing equipment, Taser International no longer provides service, maintenance, software updates, or replacement parts for the X26. Although there are various conductive energy devices in the marketplace, these devices require the device to be in direct contact with the target subject. Taser International is the only manufacturer of a conductive energy device which enables both direct contact and the valuable ability to deploy the device from a distance of up to 15 feet from the 3.J.a Packet Pg. 209 Attachment: Staff Report - May 24, 2016 (4359 : Purchase of Taser for Police Department) 3 of 3 target subject. This distance has the potential to provide an enhanced safety zone for the officer when he/she is interacting with a violently resistive subject. Staff recommends replacing all of the Police Department’s existing inventory of X26 models with the new and updated X26P model, the most current device offered by Taser International, and distributed by Proforce Law Enforcement. Vendor/Consultant Selection Staff recommends Proforce Law Enforcement provide and deliver the Model X26P Tasers as an exception to the competitive bid process. The Taser X26P qualifies as an item of the original equipment manufacturer and/or their authorized exclusive distributor and meets the criteria of a proprietary purchase. The Taser X26P is a goods which is copyrighted, patented, or otherwise only available from a license holder ProForce Law Enforcement. The Santa Monica Police Department is receiving a volume discount for the purchase of the replacement devices. Proforce Law Enforcement is the only authorized Southern California distributor for Taser International. Financial Impacts and Budget Actions The purchase order to be awarded to Proforce Law Enforcement is for an amount not to exceed $232,585.18. Funds are available in the FY 2016-17 expenditure control budget in the Police Department. The purchase order will be charged to account S010300.589000. Prepared By: Neela Patel, Senior Administrative Analyst Approved Forwarded to Council 3.J.a Packet Pg. 210 Attachment: Staff Report - May 24, 2016 (4359 : Purchase of Taser for Police Department) CITY OF SANTA MONICA OAKS INITIATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months. 3.J.b Packet Pg. 211 Attachment: Oaks Form - Axon Enterprises, Inc. (4359 : Purchase of Taser for Police Department) CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period. Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY: Bid/PO/Contract # ____________________________ Permit # ___________________________ legal@axon.com 480-905-2000 Name(s) of persons or entities receiving public benefit: Axon Enterprise, Inc. Name(s) of trustees, directors, partners, and officers: Chairman of the board: Michael Garnreiter, Director: Dr. Matthew R. McBrady, Director: Dr. Richard Carmona, Director: Mark Kroll, Ph.D, Director: Hadi Partovi Director: Caitlin Kalinowski Director: Julie Anne Cullivan Director: Adriane Brown; Officers: Patrick Smith; Luke Larson; Isaiah Fields; Josh Isner; Jawad Ahsan Name(s) of persons with more than a 10% equity, participation, or revenue interest: N/A Prepared by: __Robert_____Driscoll_____________________Title: __VP,_____Associate___G____eneral___Counsle_________ Signature: ______________________________________ Date: ___12/1/2020_____________ 3.J.b Packet Pg. 212 Attachment: Oaks Form - Axon Enterprises, Inc. (4359 : Purchase of Taser for Police Department)