Title
RESOLUTION NO. 2016-214 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT, APPROVING THE CONSOLIDATION OF THE EXISTING AGREEMENTS INTO ONE, NEW FIVE-YEAR AGREEMENT WITH TASER INTERNATIONAL, AND AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE ANY FUTURE ADDITIONAL BODY WORN CAMERAS AND TASER ELECTRONIC CONTROL WEAPONS FROM TASER INTERNATIONAL
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
The Police Department has been a national leader in the research and deployment of Body Worn Cameras and the deployment of less lethal weapons. The Police Department has extensively researched and tested Body Worn Cameras (BWCs) since 2010 and was one of the first departments in the country to deploy BWCs throughout its patrol division in 2014. In prior fiscal years, City Council approved four separate agreements with Taser International to systematically outfit uniformed sworn personnel with BWCs and services to maintain the equipment. Since then, the Police Department identified a critical need to outfit 42 additional personnel with BWCs and to deploy an additional 75 Electronic Control Weapons (ECWs) to the Patrol Division. Taser International has agreed to enhance all previous agreements by consolidating them into one new five-year agreement that will add to and replace existing equipment with the latest models and provide enhanced services beneficial to the City at an effective discount of 28% off their customary pricing plan.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The use of police body worn cameras has been a growing national trend due to recent high profile events. The cameras not only will protect people who make legitimate complaints, but this new technology has been proven to protect police from false allegations of excessive force. City Council has approved four prior agreements with Taser International to provide Body Worn Cameras (BWCs), related hardware (i.e. charging stations, battery packs, etc.) and limited cloud-based storage services to store BWC video footage based on current city retention schedules. The Police Department worked with the Finance Department to secure funding to pay for the existing agreements in full over the course of the life of each agreement.
Below is the breakdown of the existing encumbrances that have secured the funding approved by City Council in the past:
|
Resolution |
Date |
BWCs purchased |
Amount Approved |
Amount Paid |
Balance |
|
*Initial purchase |
|
6 |
$20,247.95 |
$16,198.36 |
$4,049.59 |
|
R2014-201 |
11-04-2014 |
114 |
$501,293.79 |
$247,614.75 |
$253,679.04 |
|
R2015-207 |
08-18-2015 |
12 |
$54,163.33 |
$17,725.57 |
$36,437.76 |
|
R2015-246 |
10-27-2015 |
36 |
$173,399.83 |
$55,761.91 |
$117,637.92 |
|
Totals |
|
168 |
$749,104.90 |
$337,300.59 |
$411,804.31 |
*The department used existing funds to purchase six (6) BWCs for testing purposes.
In a very short amount of time, BWCs have become a critical piece of safety equipment that no officer should be without. While the current inventory of 168 BWCs is substantial, it is insufficient to deploy cameras to officers working investigations or special events. In reality, police officers working investigations and special events should also have access to BWCs to ensure an accurate record of investigative contacts and enforcement activity outside of the uniform division.
Additionally, the department has increasingly faced a shortage of Taser ECW’s in patrol. ECWs, commonly known as a “Taser Weapon”, represent a critical less lethal option for officers serving in any capacity, uniformed or plain clothes. On busy shifts that overlap special events, the department has experienced shortages of ECWs, forcing some officers to deploy without a critical piece of safety equipment tied to use of force. The Police Department approached Taser International to renegotiate the four existing contracts into one contract designed to address the need for more cameras, ECWs and projected data storage needs.
After extensive negotiations, Taser International has agreed to consolidate the existing agreements with the Police Department into one new five-year agreement with the following benefits:
• 42 new BWCs to fully outfit the necessary sworn personnel, bringing the total number of BWCs to 210
• Replacement of all 168 BWCs currently in inventory with the latest models with extended warranties on the entire BWC fleet
• Enhanced digital evidence storage (Evidence.com Pro Licenses)
• The new contract allows for upgrades to the updated inventory of BWCs and charging stations at years 2.5 and 5
• Extends warranties on BWCs and charging stations for the duration of the plan
• Allows for unlimited storage for BWC devices and data from the Evidence Mobile App
• Adds 75 Taser X26p ECWs with extended warranties through the life of the five-year contract
• Adds 75 Taser ECW battery packs that automatically activate the BWCs when an ECW is activated
• 40 GB of included storage per license (210) for other digital media
• Effective contract discount of 28% over retail rates based on CVPD’s history with Taser as an early adopter agency of both BWCs and ECWs. This discount is the highest discount Taser International offers even the largest agencies.
The proposed consolidated contract offers the following substantial benefits to the department:
• Combined with the current inventory of 35 X26p ECWs, the 75 new Taser ECWs proposed in the consolidated contract will allow the department to issue a new ECW to every officer in patrol (110). The department will also have a reserve of 50 older model ECWs for investigators and for checkout for special assignments. This will ensure that any on-duty Chula Vista Police officer will be issued or have access to both a BWC and an ECW any time they are on-duty
• The police department will have a complement of 210 BWCs to ensure any on-duty officer or investigator, regardless of primary assignment, has access to a BWC
• Extending the life of the existing agreements will ensure equipment is kept under a replacement plan at a fixed cost
• Eliminating existing storage limits by offering unlimited storage. This takes away the uncertainty of having to pay higher data rates should the department exceed expected storage
• Replaces outdated equipment with newer models
• Enhances technology by offering smart battery packs that automatically activate the cameras when Taser ECWs are deployed
• Fully outfits all necessary sworn personnel with BWCs and ECWs regardless of their assignment
Additionally, Taser International is offering to consolidate the existing agreements without any penalties and is offering the City the maximum discount currently offered to larger agencies. The revised 5-year agreement is $963,165. Existing funds from the original agreements in the amount of $411,804 will offset the cost, resulting in a net fiscal impact of $551,361. The restructured payment plan would consolidate the existing agreements and respective encumbrance balances and if approved by Council, use the existing funds to make payments on the consolidated agreement as follows:
|
Consolidated agreement amount |
Current available funding |
New funding required |
FY 2017 Payment |
FY 2018 Payment |
FY 2019 Payment |
FY 2020 Payment |
FY 2021 Payment |
|
$963,165 |
$411,804 |
|
$216,935 |
$186,558 |
$8,312 |
|
|
|
|
|
$551,361 |
|
|
$178,246 |
$186,558 |
$186,558 |
By utilizing the existing funds approved by City Council, the costs for the consolidated agreement are fully covered for fiscal years 2017 and 2018. Additionally, fiscal year 2019 would be partially funded. The Police Department will work with the Finance Department to allocate the necessary funds to cover the costs during fiscal year 2019 through fiscal year 2021.
DECISION-MAKER CONFLICT
Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704.4(a)(1). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This resolution supports the goal of Strong and Secure Neighborhoods by equipping personnel with adequate resources for community policing.
CURRENT YEAR FISCAL IMPACT
Approval of this resolution will authorize the Mayor to consolidate the existing contracts into a new single five-year agreement with Taser International for the purchase of Taser Electronic Control Weapons, Body Worn Cameras, and related equipment and digital evidence storage services. The current budget already includes funding from the existing agreements with Taser International to fully fund the first full year of the agreement. Therefore, there is no net fiscal impact in the current fiscal year for approving this resolution.
ONGOING FISCAL IMPACT
The Police Department has identified funds from the existing agreements to cover costs in fiscal year 2018. The ongoing fiscal impact for the remaining term of the five-year contract is outlined in the table below.
|
|
YEAR 1 FY 16/17 |
YEAR 2 FY 17/18 |
YEAR 3 FY 18/19 |
YEAR 4 FY 19/20 |
YEAR 5 FY 20/21 |
5-YEAR TOTAL |
|
Annual Cost |
$216,935 |
$186,558 |
$186,558 |
$186,558 |
$186,558 |
$963,165 |
|
Available funding |
$216,935 |
$186,558 |
$8,312 |
$0 |
$0 |
$411,804 |
|
Net Fiscal Impact |
$0 |
$0 |
$178,246 |
$186,558 |
$186,558 |
$551,361 |
The Police Department will coordinate with the Finance Department to allocate the necessary funds to cover the costs during fiscal year 2019 through fiscal year 2021. Furthermore, the Police Department believes that the use of body worn cameras will reduce the number of citizen complaints and costly lawsuits about police misconduct. The positive fiscal impact of less complaints and lawsuits can potentially offset the ongoing costs of the BWC program.
Funding has not been identified for the future years of the contract. Appropriations for the ongoing costs related to this program will be considered by City Council as part of the development of the relevant fiscal year budget process.
Additionally, the approval of the resolution by City Council will allow the Police Department to purchase additional Body Worn Cameras or Taser Electronic Control Weapons in the near future as needed, if funding is identified.
ATTACHMENTS
Attachment 1: Taser Quotation Q-83018-2 (Agreement)
Staff Contact: Joseph Walker, Police Department