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SR 08-22-2023 5H City Council Report City Council Meeting: August 22, 2023 Agenda Item: 5.H 1 of 6 To: Mayor and City Council From: Ramon Batista, Police Chief, Police Department Subject: Approval of First Modification of Agreement # 10796 with Axon Enterprises, Inc. for In-Car Camera Systems, Body Worn Cameras, and Cloud-Based Memory Storage for the Police Department Recommended Action Staff recommends that the City Council: 1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. 2. Authorize the City Manager to negotiate and execute a first modification to agreement #10796 in the amount of $3,155,360 (including a 10% contingency) with AXON Enterprises for the purchase of camera systems to include Body Worn Cameras (BWC), in-car cameras, and interview room cameras. The agreement will also be for the purchase of vital software components to include Evidence.com, a video management and storage system and Performance, an auditing and reviewing software. This will result in a 10-year amended agreement with a new total amount not to exceed $5,199,625. 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. Summary In 2016, the Santa Monica Police Department (SMPD) explored the use of Body Worn Camera (BWC) technology via a six-month pilot program. The program sought input from the end user officers, department administration, and the community. The program identified diverse benefits of such a technology. In 2017, following the completion of the pilot program, SMPD invested in a department- wide integrated system of in-car cameras and body worn cameras. SMPD previously 5.H Packet Pg. 211 2 of 6 utilized in-car cameras to record video evidence of law enforcement activity beginning in 2006. The acquisition of body-worn cameras in 2017 enhanced the ability to record events outside the reach of the in-car camera systems. The video captured by these systems was highly effective in providing evidence for traffic violations and enforcement, criminal investigations, and in-progress actions. In addition, the video recorded by BWCs has played a critical role in the internal administrative investigations of alleged misconduct and/or policy violations. The initial vendor selected by SMPD provided a system plagued with faulty equipment and repeated technical failures. Ultimately, Staff recommended the city accept a vendor refund of approximately 85% of the original purchase price for the previous system and simultaneously move forward with replacing the entire system. In 2018, SMPD partnered with AXON Enterprises to provide a fully integrated video system. This system was comprised of 65 in-car cameras and 325 BWCs. The corresponding five years of the contract proved to be a successful collaboration in which AXON provided dependable, durable, and innovative products. Discussion In the preceding seven years since SMPD first piloted BWCs, the calls for widespread adoption of the technology grew within the law enforcement community. Presently, almost half of law enforcement agencies in the United States use BWCs, and seven states mandate their use. Even federal law enforcement agencies and departments of correction have begun using BWCs. The community and law enforcement agencies have come to rely on BWCs to document evidence, strengthen po lice transparency and accountability, prevent, and resolve community complaints, train officers, and improve community and officer interactions. The AXON technology ecosystem is interwoven in the day-to-day operations of SMPD. As a result, it would be cost prohibitive to end this symbiotic relationship. The SMPD currently uses and seeks to continue to use the following products offered by AXON: 5.H Packet Pg. 212 3 of 6 AXON Body 3 The department currently equips over 325 employees, including sworn and professional staff, with the Axon Body 3. The AXON Body 3 is a camera system incorporating audio and video recording. This version of the BWC has proven to be durable and dependable in the rigorous environmental conditions of daily patrol. The extension of the contract with Axon will lead to the eventual transition to the AXON Body 4. AXON Body 4 is the next generation of BWC providing a wider field of view, improved battery efficiency, remote video uploading, and GPS tracking. FLEET 3 65 vehicles within the department fleet are currently equipped with the previous model in-car camera, Fleet 2. The Fleet 2 cameras, at almost five years old, are nearing their end-of-life cycle. Upon extension of the AXON contract, the 65 in -car cameras would be replaced with the new Fleet 3 model. The Fleet 3 will be the latest most advanced in car camera offered by AXON. It is a dual view camera that records a panoramic view and integrates a 4K ALPR camera making every car ALPR capable. The interior camera of the Fleet 3 offers increased visibility of occupants and night view ability. It will also support 5G technology as it becomes more widespread in the future. EVIDENCE.COM BWCs and other video recording systems present significant data management challenges for the department. Storage and management costs can become extreme over time. AXON was able to solve that problem for the department by offering Evidence.com. Evidence.Com provides the department with unlimited data storage in one secure system allowing for an effortless way to connect and manage the ever- growing data captured by the various systems employed by the department. This data includes video, audio, photographs, and other documents uploaded into the system. Evidence.Com functionality allows for smooth playback, intuitive searches, rob ust access control and documented chain of custody. Evidence.com allows the department to grant access to external partners or share content with a secure link. Community members and business owners can submit video evidence of crimes captured by cellular phones or surveillance systems directly to Evidence.com. The data can be 5.H Packet Pg. 213 4 of 6 shared with justice system collaborators such as prosecutors and public defenders. This sharing ability is secure and eliminates the need and expense of external hard drives to transfer the evidence. PERFORMANCE Axon Performance is a support software providing the department with auditing and reviewing capabilities. The software allows a supervisor near-immediate access to key body-worn camera and Fleet dash camera metrics. Supervisors are able to streamline the review process of BWC footage through randomized video audits. The department in turn can leverage this data to identify opportunities for development, better define policies and ensure personnel meet usage guidelines. In this modification, SMPD seeks to add the additional camera system, AXON INTERVIEW to renovate and improve the department’s interview rooms within the Public Safety Facility (PSF). The current interview rooms were first equipped during the original construction of the PSF. Officers and Detectives relied on these rooms to conduct and record vital interviews with victims, witnesses, and suspects. The camera technology in these rooms has long become obsolete and ceased to function. Detectives and Officers have come to rely on audio recordings and/or BWC to capture these necessary evidentiary interviews. Relying on BWC for detailed and lengthy interviews comes with numerous limitations. The BWC offers a limited field of view of subjects’ reactions and mannerisms. It also offers a restricted perspective of the interview environment and interaction with the officer or detective. With the extension of the AXON contract, four interview rooms would be equipped with the state of the art, AXON Interview system. This would include camera hardware, ethernet switches, microphones, capture servers, and touch panel devices. The interview rooms would also be integrated into AXON Evidence.com. AXON Interview would provide complete, clear recordings that would be securely stored in the cloud- based system maintained by AXON. 5.H Packet Pg. 214 5 of 6 AXON Enterprise offers a product bundle that is both unparalleled and flexible. As a result, the department has access to an extensive combination of camera systems and applications that can be modified and adapted to meet its ever-evolving needs. The department does not currently possess a technology infrastructure or the software capability that can replace all of functionality provided by AXON Enterprises. The department has yet to find a comparable technology solution that matches AXON Enterprises. Environmental Review The award agreement is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award agreement is covered by the commonsense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement will provide the City with body- worn cameras, in car cameras, and cloud storage. Therefore, it can be seen with certainty that the proposed agreement would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA. Past Council Actions Meeting Date Description 12/18/18 (attachment A) Council authorized an agreement for the purchase of body worn camera system, in-car camera systems, and cloud- based storage. Financial Impacts and Budget Actions Staff recommends the following budget changes to transfer budget between ISD to the Police Department for the digital storage costs: FY 2023-24 Budget Changes Department Account Numbers Amount ISD 01140001.529230 ($76,500) SMPD 01180005.529230 $76,500 Total $0 Staff seeks authority to approve available funding from the General Fund in the Police Department to increase the amount of agreement with AXON Enterprises for the 5.H Packet Pg. 215 6 of 6 purchase of body worn, in-car and interview room cameras, including manufacturers and extended warranty; associated software and software license; and other equipment and accessories. Future year funding is contingent on Council Budget approval. Agreement Modification Request Agreement # Current Authorized Amount Modified Request Amount Future Years Amount Dept Account # Total Revised Contract Amount 10796 $1,669,265 $659,619 $2,495,741 01180005.529230 $4,824,625 $375,000 $0 $0 01140001.529230 $375,000 Total $2,044,265 $659,619 $2,495,741 TOTAL $5,199,625 Prepared By: William Heric, Captain Approved Forwarded to Council Attachments: A. December 18, 2018 - Staff Report (Web Link) B. Original Contract - Part I C. Original Contract - Part II D. Axon Oaks Form 2023 5.H Packet Pg. 216 5.H.bPacket Pg. 217Attachment: Original Contract - Part I (5861 : 1st Mod for Body Worn Camera) 5.H.bPacket Pg. 218Attachment: Original Contract - Part I (5861 : 1st Mod for Body Worn Camera) 5.H.bPacket Pg. 219Attachment: Original Contract - Part I (5861 : 1st Mod for Body Worn Camera) 5.H.bPacket Pg. 220Attachment: Original Contract - Part I (5861 : 1st Mod for Body Worn Camera) 5.H.bPacket Pg. 221Attachment: Original Contract - Part I (5861 : 1st Mod for Body Worn Camera) 5.H.bPacket Pg. 222Attachment: Original Contract - Part I (5861 : 1st Mod for Body Worn Camera) 5.H.bPacket Pg. 223Attachment: Original Contract - Part I (5861 : 1st Mod for Body Worn Camera) 5.H.bPacket Pg. 224Attachment: Original Contract - Part I (5861 : 1st Mod for Body Worn Camera) 5.H.bPacket Pg. 225Attachment: Original Contract - Part I (5861 : 1st Mod for Body Worn Camera) 5.H.bPacket Pg. 226Attachment: Original Contract - Part I (5861 : 1st Mod for Body Worn Camera) 5.H.bPacket Pg. 227Attachment: Original Contract - 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Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 272Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 273Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 274Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 275Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 276Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 277Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 278Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 279Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 280Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 281Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 282Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 283Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 284Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 285Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 286Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 287Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 288Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 289Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 290Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) 5.H.cPacket Pg. 291Attachment: Original Contract - Part II (5861 : 1st Mod for Body Worn Camera) CITY OF SANTA MONICA OAKS INITI ATIVE 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 off icial from receiving, and a person or entity from conferring, specified personal benef its 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 f or 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 inf ormation must be updated and supplied every 12 months. DocuSign Envelope ID: 07DA6846-64E2-4FF9-969A-9D7A5E50DDA7 5.H.d Packet Pg. 292 Attachment: Axon Oaks Form 2023 (5861 : 1st Mod for Body Worn Camera) CITY OF SANTA MONICA OAKS INITI ATIVE 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 benef its 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. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY: Bid/PO/Contract # ____________________________ Permit # ___________________________ Robert E. Driscoll, Jr. VP, Associate General Counsel contracts@axon.com 800-978-2737 Axon Enterprise, Inc. See attached. n/a DocuSign Envelope ID: 07DA6846-64E2-4FF9-969A-9D7A5E50DDA7 5/26/2023 | 11:41 AM MST 5.H.d Packet Pg. 293 Attachment: Axon Oaks Form 2023 (5861 : 1st Mod for Body Worn Camera) Name(s) of trustees, directors, partners, and officers: Officers Are: Patrick Smith, Chief Executive Officer Isaiah Fields, Chief Legal Officer Brittany Bagley, Chief Financial Officer Joshua Isner, Chief Operating Officer Jeff Kunins, Chief Product Officer DocuSign Envelope ID: 07DA6846-64E2-4FF9-969A-9D7A5E50DDA7 5.H.d Packet Pg. 294 Attachment: Axon Oaks Form 2023 (5861 : 1st Mod for Body Worn Camera)