For City Council Meeting November 12, 2024
TO: Honorable Mayor and City Council
FROM: G. Michael Milhiser, Interim City Manager
AUTHOR: Mark P. Kling, Chief of Police
Title
Request City Council to Approve (1) the Five (5) Year Contract and Purchase of One Hundred Forty (140) Taser 10 devices, Certification Program with Virtual Reality and Software Licensing from AXON Enterprise, Inc., Formerly Known as Taser International, in the Amount of $860,505.30, and (2) Authorize the Interim City Manager or Designee to Execute all Documents.
(ACTION)
Body
RECOMMENDATION
Staff recommends that the City Council:
• Approve the five (5) year contract and purchase of one hundred forty (140) Taser 10 Certification Program with Virtual Reality and Software Licensing for $860,505.30, and
• Authorize Interim City Manager or designee to execute all documents.
BACKGROUND
Conducted Energy Weapons (TASER’s) are tools used to gain compliance of suspects through the electrical stimulation of large muscle groups within the body, causing temporary incapacitation. The proper deployment of TASER’s reduces the risk of injury to the general public and to police officers, thereby reducing the number of potential litigation cases and workers compensation claims.
The decision to acquire the Taser 10 devices is based on empirical data reflecting the positive impact of CEWs on officer-involved shootings. Studies have shown that departments employing CEWs have experienced a significant reduction in lethal force incidents. The Taser 10’s increased deployment capability and effective range contribute to better control over potentially volatile situations, allowing officers to de-escalate encounters without resorting to firearms.
ANALYSIS/DISCUSSION
The Rialto Police Department completed its purchase of one hundred twenty-six (126) TASER 7 (Conductive Energy Weapons) in June 2020 for deployment by sworn Rialto Police Department personnel. TASER devices were purchased as an effective way to confront and control assaultive subjects, allowing for rapid de-escalation and resulting in increased safety for police officers and the involved subjects. All sworn and trained police personnel at the Rialto Police Department are issued TASER’s for deployment under appropriate circumstances. Currently, all Rialto Police Officers utilize the TASER 7, which was chosen for its reliability, manufacturer’s technical and legal support, and its proven design attributes.
The initial purchase of the TASER 7 devices came with a five (5) year warranty, which will expire in June 2025. AXON Enterprise, Inc. will no longer repair or replace the current TASER 7 once the warranty is expired. Staff continually seeks to enhance officer safety and improve community outcomes. The Taser 10 represents a significant advancement in conductive energy weapon (CEW) technology compared to the previous model, Taser 7. With the new purchase, the current inventory of TASER 7’s will be replaced with the TASER 10. Training, certification and all expendables are included in the TASER 10 contract.
The department will deploy the Taser 10, Axon’s most current model CEW, which includes notable upgraded safety features such as increased deployment range to create more time and space to de-escalate and resolve conflicts, the ability to deploy multiple probes without the need to reload, and advancements in accuracy, effectiveness, and reliability. Therefore, new holsters, power magazines and cartridges will also need to be replaced to conform to the new device model.
The Rialto Police Department has seen firsthand the benefits of integrating advanced technologies into daily operations. The implementation of the Taser 10 will:
• Enhance Officer Safety: Officers will have a more effective tool at their disposal to manage confrontations, reducing the need to escalate to deadly force.
• Improve Community Relations: The use of non-lethal force options fosters trust between law enforcement and the community, demonstrating a commitment to minimizing harm.
• Decrease Officer-Related Shootings: Historical data suggests that departments utilizing CEWs report lower instances of officer-related shootings, further supporting our commitment to a progressive policing model.
Currently, AXON Enterprise, Inc. is the only company that manufactures the TASER 10. This product is far superior to its closest competitor for its imbedded proprietary technology, ease of use, and company support. The depth of AXON’s support staff, research, and legal defense assistance, coupled with their extensive track record, makes TASER 10 the only defensible choice. Additionally, the Department currently has four certified TASER instructors who received training and certification provided by AXON Enterprise, Inc. Rialto Police Department Policy requires all members who carry Conductive Energy Weapons (CEW’s) to complete annual proficiency training which is conducted by certified TASER trainers.
Axon is the manufacturer of the Taser 10 CEW and related Taser 10 Certification Program with VR. The Certification Program with VR and all related equipment, software integration and access, accessories, training, and maintenance support services provided, are only available for purchase through Axon. The City has recognized AXON Enterprise, Inc., formerly known as Taser International, as a sole source manufacturer of TASER CEW’s.
The acquisition of Taser 10 devices from Axon Enterprise, Inc. is a strategic investment in the safety and effectiveness of the Rialto Police Department. The enhanced features of the Taser 10 will allow our officers to engage more safely and effectively in a variety of situations, aligning with our ongoing mission to protect and serve our community while minimizing the potential for harm.
Axon Enterprise, Inc. (formerly Taser International) has been recognized by the City as a sole source manufacturer of the Axon Taser CEW Systems currently being utilized by the Police Department. Staff has worked with the City Purchasing Division and determined that this purchase is acceptable as specified under Rialto Municipal Code 2.48.060 -Sole Source Provision.
The total cost for one hundred forty (140) TASER 10 devices to include related hardware, training, tax and shipping is $860,505.30 over the five (5) year contract period.
ENVIRONMENTAL IMPACT
The proposed action does not meet the definition of a project as defined by Section 15378 California Environmental Quality Act (CEQA). A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and excludes the following:
1) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making
2) Organizational or administrative activities of governments that will not result in direct or in direct physical changes in the environment.
GENERAL PLAN CONSISTENCY
The City of Rialto has outlined key goals and objects relating to public safety. The purchase of this technology is in consistent with meeting these objectives.
Goal 5-8: Provide effective and comprehensive policing services that meet the safety needs of Rialto.
LEGAL REVIEW
The City Attorney's Office has reviewed the staff report and approved it as to form.
FINANCIAL IMPACT
Operating Budget Impact
AXON Enterprise, Inc. will replace the Rialto Police Department’s current inventory of TASER 7’s with the TASER 10. Funding in the amount of $169,278.68 is budgeted in the approved fiscal year 2024/2025 budget in Account No. 10106281 52011, for the first of the five payments due for this contract with AXON Enterprise, Inc
Staff will budget annual needed funding for each year for fiscal years 2025/2026 through 2028/2029 in Account No. 10106281 52011 for the obligations for years 2 - 5, for a total contract amount of $860,505.30, as stated in the chart below.
|
FISCAL YEAR |
YEAR OF CONTRACT |
CONTRACT AMOUNT DUE |
|
2024/2025 |
1 |
$169,278.68 |
|
2025/2026 |
2 |
$172,806.68 |
|
2026/2027 |
3 |
$172,806.68 |
|
2027/2028 |
4 |
$172,806.68 |
|
2028/2029 |
5 |
$172,806.58 |
|
GRAND TOTAL |
|
$860,505.30 |
Per Rialto Municipal Code Section: 2.48.145 a vendor disclosure form has been received from the vendor and is attached to this report.
Capital Improvement Budget Impact
This report does not impact the Capital Improvement Budget.
Licensing
This action does not trigger a requirement for a business license.