File #: 2022-2599   
Type: Consent Calendar Item
Body: City Council
On agenda: 12/6/2022
Title: Recommendation to Authorize the City Manager, or Designee, to Negotiate and Execute a Five-Year Agreement with Axon Enterprise, Inc. to Acquire Body-Worn Camera (BWC) Equipment and 80 Conducted Energy Devices (CED), Generally Known as Tasers, for a Total Purchase Price, Not to Exceed $1,103,180.93. (Police 10031110)
Attachments: 1. Exhibit 1 - Contract, 2. Presentation

Title

 

Recommendation to Authorize the City Manager, or Designee, to Negotiate and Execute a Five-Year Agreement with Axon Enterprise, Inc. to Acquire Body-Worn Camera (BWC) Equipment and 80 Conducted Energy Devices (CED), Generally Known as Tasers, for a Total Purchase Price, Not to Exceed $1,103,180.93.  (Police 10031110)

 

Body

 

To: Honorable Mayor and Members of the City Council

 

EXECUTIVE SUMMARY

 

The City of Alameda’s (City) Police Department (APD) has, and currently is, contracted with Axon Enterprise, Inc. (formerly Taser International) to acquire Body-Worn Cameras (BWC) and Conducted Energy Devices (CED), also known generally as tasers.  BWCs were first purchased in June 2015 and CEDs were first purchased in January 2017.  In July 2019, APD entered into a revised agreement for BWCs and that contract remains in effect through Fiscal Year (FY) 2024-25.  The contract for CEDs is expired.

 

As part of the original contract, APD received upgraded BWCs and needs to purchase equipment needed to charge these BWCs.  Additionally, APD needs to replace CEDs because they have exceeded their five-year life cycle and are no longer warrantied.

 

Although the contract for BWCs remains in effect, APD is recommending  allowing the City Manager to renegotiate the existing contract which would include both the BWC and CED terms.  The new contract would be for a total purchase price not to exceed $1,103,180.93.

 

BACKGROUND

 

Since 2015, APD has entered into three contracts with Axon Enterprise, Inc.:

1)                     June 2015: The City Council approved $424,752.61 for the purchase of 80 BWCs and the contract term was five years.

2)                     January 2017: The City Council approved $139,509.00 for the purchase of 60 CEDs and the contract term was five years.

3)                     July 2019: The City Council approved a renegotiation of the existing BWC contract for the acquisition of 88 BWCs and approved $793,792.26.  The contract term was six years.

 

APD is authorized to have 88 sworn personnel.  All sworn and select uniformed professional staff (i.e., parking enforcement, animal control, abandoned vehicle technician, etc.) are issued a BWC, while 80 sworn personnel are issued a CED.

 

BWC

BWCs allow audio/video footage and photographs to be captured and preserved for evidentiary purposes.  BWCs also help to preserve content that can be reviewed to ensure accountability, fulfill public records requests, and comply with legislative mandates.

 

In June 2022, Axon Enterprise, Inc. replaced all existing BWCs with upgraded models at no cost.  This arrangement was included in the July 2019 contract renegotiation.  The change in equipment requires the purchase of charging docks.

 

CED

CEDs serve to supplement, not replace, current alternatives to using force.  The use of a CED is considered an intermediate level of force.   

 

In 2017, the Taser X26P was purchased and issued to select sworn personnel.  This model has reached its five-year warranty and needs to be replaced.  The replacement model of the Taser X26P is the Taser 7.  Taser 7 adds additional capabilities such as cartridges optimized for close-range spreads, which increase effectiveness during close range encounters.  Additionally, the batteries are rechargeable, which reduces operational costs.

 

DISCUSSION

 

Prior to 2019, all sworn and select uniformed professional staff were issued the Axon Flex 2 BWC.  The Axon Flex 2 contains three pieces: a battery pack, a camera, and a component cord.  The charging dock for this system requires a device that can charge the battery pack and the camera.

 

During the recent upgrade, Axon Enterprise, Inc. supplied the Alameda Police Department with the Axon Body 3 BWC.  The Axon Body 3 houses the camera within the battery pack using a one-piece design.  Because of the change in design, new charging docks must be purchased. 

 

As with any piece of electronic device, optimal performance degrades over time.  The Taser X26P has reached its five-year life cycle since being purchased in 2017.  Using an electronic device that has reached its life cycle makes the item more susceptible to failure, leading to increased risk when the device is deployed.  Also, the product is no longer covered by the manufacturer’s warranty.

 

Axon Enterprise, Inc. now offers a bundled contract.  There are three costs contained in this contract:

1)                     BWC-related equipment: cables and charging docks.

2)                     CED-related equipment: CEDs, batteries, cartridges, training equipment, and charging docks.

3)                     Licensing and certification: includes, but is not limited to, technologies to auto-tag metadata and assist with redactions, data storage, and instructor course vouchers for certification.

 

The contract is attached as Exhibit 1.

 

ALTERNATIVES

 

Option 1:

The City Council approves this proposal to renegotiate the existing contract to purchase BWC equipment and 80 CEDs.

 

Option 2:

The City Council continues to exercise the remaining terms of the existing BWC contract and the continued use of existing CEDs that are no longer under warranty.  Without the warranty, devices that malfunction would need to be replaced at full cost.  Additionally, since the item is no longer covered under warranty, the manufacturer can’t verify the device is working as designed.  There could be concerns related to efficacy, which increases the safety risk of use.

FINANCIAL IMPACT

 

The total purchase price for the five-year contract is $1,103,180.93.  The Police Department will finance this purchase through Axon Enterprise, Inc. over five years.

 

Previously approved amounts and payment history:

 

BWC and Data Storage

CED

 

Authorized

Expended

Authorized

Expended

FY 2014-15

$173,328.61

$154,359.01*

-

-

FY 2015-16

$62,856.00

$62,856.00

-

-

FY 2016-17

$62,856.00

$67,598.40

$87,679.20

$89,856.91*

FY 2017-18

$62,856.00

$67,473.60

$12,957.35

$12,927.76

FY 2018-19

$62,856.00

$62,856.00

$12,957.35

$12,927.76

FY 2019-20

$8,230.55

$8,230.55

$12,957.35

$12,986.93

FY 2020-21

$89,500.69

$94,180.69

$12,957.35

$12,986.93

FY 2021-22

$163,215.43

$169,229.73

-

-

FY 2022-23

$177,615.43

$0

-

-

FY 2023-24

$177,615.43

N/A

-

-

FY 2024-25

$177,615.43

N/A

-

-

TOTAL

$1,218,545.57

$686,783.98

$139,508.60

$141,686.29

*wholly or partially paid using grant funds

 

To date, APD has expended $529,583.90 less than the amount authorized for these two programs (BWC and Data Storage, CED).

 

The APD’s budget for FY 2022-23 includes $195,500 for costs associated with BWC and Data Storage.  If approved by the City Council, the first installment of any new agreement would be paid utilizing these budgeted funds.  Future installments will be included in budgetary requests.

 

If approved, the disbursement of funds will follow this schedule:

FY 2022-23 (year 1)

$192,234.85

FY 2023-24 (year 2)

$227,736.52

FY 2024-25 (year 3)

$227,736.52

FY 2025-26 (year 4)

$227,736.52

FY 2026-27 (year 5)

$227,736.52

TOTAL

$1,103,180.93

 

MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE

 

This action is authorized under Alameda Administrative Rule 5 and Alameda Municipal Code Section 2-62.5, which exempts contracts with any single or sole source supplier for supplies, materials, equipment, or other personal property from the City’s local purchasing policy.

 

ENVIRONMENTAL REVIEW

 

This action is not a project for the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 10561(b)(3), as there is no possibility that this action may have a significant effect on the environment.

 

CLIMATE IMPACTS

 

There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.

 

RECOMMENDATION

 

Authorize the City Manager, or designee, to negotiate and execute a five-year agreement with Axon Enterprise, Inc. to acquire Body-Worn Camera (BWC) equipment and 80 Conducted Energy Devices (CED) for a total purchase price, not to exceed $1,103,180.93.

 

Respectfully submitted,

Nishant Joshi, Chief of Police

 

By,

Alan Kuboyama, Police Lieutenant

 

Financial Impact section reviewed,

Margaret O'Brien, Finance Director

 

Exhibit:

1.                     Axon Enterprise, Inc. Contract

 

cc:                     Erin Smith, City Manager