REPORT TO MAYOR AND COUNCIL

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1 AGENDA ITEM NO. 3.g REPORT TO MAYOR AND COUNCIL TO THE HONORABLE MAYOR AND COUNCIL: DATE: October 22, 2013 SUBJECT: APPROVE THE USE OF ASSET SEIZURE FUNDS FOR THE PURCHASE OF A SPECIALIZED MAGNETIC HAND HELD ACOUSTIC HAILING DEVICE FROM LRAD CORPORATION Report in Brief This report represents a request for the transfer of Asset Forfeiture funds in the amount of $9, for the purchase of a specialized magnetic hand held acoustical hailing device from LRAD Corporation. The Concord Police Department Tactical Negotiations Team (TNT) is a team of officers who have specialized training in conducting negotiations with persons under unusually stressful and/or life threatening conditions. The Negotiations Team operates under the direction of a SWAT Command Officer and in conjunction with the SWAT Tactical Team during critical incidents. TNT members are also utilized to negotiate during patrol level calls involving suicidal and high risk crisis intervention suspects. Currently the Tactical Negotiations Team is using a 12 year old Loud Hailer as a portable Public Address system. The Loud Hailer system is showing its age (battery compartment does not securely close), has a low quality handheld microphone cable (which is faulty), and has a cumbersome power source (uses ten (10) D cell batteries). Parts are also very difficult to find for this antiquated auditory amplification system. Members of TNT have researched alternatives to the Loud Hailer system and determined that the LRAD 100X long range acoustic devise would better serve the needs of SWAT/TNT as well as the Police Department as a whole. The LRAD system is a robust, capable, military tested unit that has the following desired features: LRADX Key Features: 137 decibel, semi directional, highly intelligible speech transmission 600 meter range Vibration, shock, temperature, water resistant Lithium battery standard (12 volt and 120 volt wired power options) 20 foot remote microphone, volume control panel Optional 300 meter wireless kit Variable angle magnetic mount (optional tripod mount)

2 AUTHORIZE THE USE OF ASSET FORFEITURE FUND FOR THE PURCHASE OF A MAGNETIC HAND HELD ACOUSTIC HAILING DEVICE October 22, 2013 Page 2 The LRAD 100X system can be affixed to the Mamba or a patrol car via an included magnetic mount and will allow the operator to remain inside the vehicle when in service. Unlike the current fixed Mamba PA system, this PA can be aimed directly at the target location and adjusted to overcome the sound of the running Mamba or patrol vehicle. Other agencies have mounted the LRAD directly to the turret, allowing precise aiming and adjustability. The LRAD system also allows the use of prerecorded messages. These messages can include prerecorded messages (unlawful assembly, etc.) or messages of family members recorded on scene and broadcast to a barricaded subject. Staff is recommending the City Council adopt Resolution No approving the transfer of $9, of asset seizure funds to purchase a LRAD 100X long range acoustic devise. Discussion The LRAD 100X has been procured and sustained by US Army Special Operations Command (SOCOM) and by the U.S Navy after extensive competitive testing. Marines and Army teams in Afghanistan are currently using over 2100 LRAD 100X magnetic systems in daily operations. Several local law enforcement agencies, as well as law enforcement agencies from around the world, are using LRAD s for daily police operations. The Police Department staff have spoken to and looked at various other vendors at trade shows, via trade journals and advertisements and have not found any similar systems for comparison. There are other vendors that sell magnetic hand held acoustic hailing devices, however none offer the unique qualities as the LRAD-100X. Fiscal Impact There will be no addition financial impacts to the General Fund. The source of funding is the asset forfeiture account. Asset forfeiture funds are regulated by the Health and Safety Code ( H&S) and cannot be mixed with the city s General Fund. According to the California Attorney General s Annual Report on drug trade. Asset forfeiture law permits law enforcement agencies to use the proceeds of forfeiture to purchase safe, more effective equipment that they otherwise could not afford. They are often utilized for one-time, capital equipment expenditures. The funds may not be used to pay salaries, benefits, or direct personnel costs. Adequate funds exist in the asset forfeiture fund to support this purchase. The LRAD 100X comes with a standard one year warranty against manufacturer defects. Additional warranty years can be purchased at $ a year, however due to the quality of this military grade battle tested product, and it s anticipated limited use, we will not purchase an extended warranty. The LRAD 100X has a life expectancy of 660,000 hours, or 27,500 days, or over 75 years of continuous use. Based on those

3 AUTHORIZE THE USE OF ASSET FORFEITURE FUND FOR THE PURCHASE OF A MAGNETIC HAND HELD ACOUSTIC HAILING DEVICE October 22, 2013 Page 3 numbers staff does not anticipate replacing the LRAD 100X until its technology is so antiquated that a better model exists, maybe in a half century or so, when the device has less than its anticipated shelf life left. The City of Concord Police Department asset forfeiture account is currently $428, After purchase of the LRAD 100X ($9,986.24) the asset forfeiture account will have a balance of $418, Public Contact The agenda has been properly posted. Recommendation for Action Staff is recommending the City Council adopt Resolution No approving the transfer of Asset Forfeiture Funds in the amount of $9, for the purchase of the LRAD-100X magnetic hand held long range acoustic hailing device manufactured by LRAD Corporation. Prepared by: Lieutenant Steve Dyer SWAT Commander Special Investigations Bureau Steved@cpd.ci.concord.ca.us Valerie J. Barone City Manager Valerie.Barone@cityofconcord.org Reviewed by: Guy S. Swanger Chief of Police Guy.swanger@cpd.ci.concord.ca.us Attachment No. 1: Resolution No

4 Attachment No BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA A Resolution Authorizing the Release and Spending of Asset Seizure Funds to Purchase a Specialized LRAD 100X Magnetic Hand Held Acoustical Hailing Device Resolution No / WHEREAS, assets resulting from illegal proceeds gained by sales of drugs may be seized by law enforcement; and WHEREAS, State law stipulates the proper distribution of seized funds is to support law enforcement efforts and the Concord Police Department has proposed expenditures which will enhance the Concord Police Department s law enforcement efforts; and WHEREAS, the Concord Police Department has proposed the expenditure of asset seizure funds to purchase a LRAD 100X specialized magnetic hand held acoustical hailing device in the amount of $9, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS: Section 1. The City Council has approved the recommendation of the City Manager and City staff with regard to expenditure of asset forfeiture funds for the purchase of a LRAD 100X specialized magnetic hand held acoustical hailing device in the amount of $9, and has authorized the transfer of the necessary funds from the Asset Seizure account. Section 2. This resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED by the City Council of the City of Concord on October 22, 2013, by the following vote: AYES: Councilmembers NOES: Councilmembers - ABSTAIN: Councilmembers ABSENT: Councilmembers - // Res. No

5 Attachment No I HEREBY CERTIFY that the foregoing Resolution No was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on October 22, Mary Rae Lehman, CMC City Clerk 7 APPROVED AS TO FORM: Mark S. Coon City Attorney Res. No

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