DATE: April 1, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Tracy Avelar, Police Chief
DEPARTMENT: Police
SUBJECT: AUTHORIZING A FIVE-YEAR AGREEMENT WITH AXON
ENTERPRISE, INC. IN AN AMOUNT NOT TO EXCEED
$460,468.53 TO PURCHASE NEW BODY-WORN CAMERAS,
TASER DEVICES, AND ALL ANCILLARY EQUIPMENT AND
SERVICES
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute a Five-Year Agreement with Axon Enterprise, Inc. (Axon), in an amount not to exceed $460,468.53 for new Body-Worn Cameras, TASERs, and all ancillary equipment and services.
EXECUTIVE SUMMARY
In 2017, the Foster City Police Department (FCPD) purchased 45 updated body-worn cameras and deployed them to each officer in the field. Since the implementation of the body-worn camera program in 2013, the FCDP staff has found the recordings from the cameras to be an invaluable tool for documenting events, actions, conditions, and statements made during contacts with members of the public. The cameras have been found to enhance the department’s high level of accountability and in some cases disprove false claims of police misconduct thereby proving to be an effective risk mitigation tool for the FCPD. The cameras currently being used have reached the end of their useful life. Because of the daily demands of police work, the cameras continually break and costs to repair and replace the cameras are ongoing. The current
cameras do not meet the current needs and expectations of the Police Department as it relates to body-worn camera technology.
In 2019, the City Council authorized the FCPD to purchase 35 updated TASER devices including duty and training cartridges. Since the initial purchase of TASERs in 2009, staff has found that TASERs continue to be an invaluable tool for deescalating combative subjects and have reduced the chances of serious injury to suspects and officers alike. The Police Department’s current devices are nearing the end of their projected service life. Staff is recommending the replacement of our existing devices. As is the case with most technologies, improvements to the TASER device have been made over the last five years.
Based on the items outlined above, staff is recommending the replacement of the Police Department’s existing body-worn cameras and TASER’s with the purchase of 43 body-worn cameras, and 34 TASER’s from Axon by entering into a five-year agreement. The total costs over five years shall not exceed $460,468.53. The first year (FY 2024-25) will be funded through FCPD Equipment Replacement Fund (ERF) (620- 421-42-51) with the remaining four years being funded through the budget process.
The cameras and accompanying peripherals are being recommended for purchase because they are designed specifically for use by police departments and their officers. This means the camera’s durability, video/audio quality, available features, and the overall security of the camera content meet the needs of the Police Department. All officers assigned to patrol and special assignments, as well as the two patrol Community Service Officers and Reserve Police Officers, will be issued a body- worn camera.
BACKGROUND
FCPD officers are required by policy to record many different types of contacts.
Between 2017 and 2024, FCPD officers have used the Watchguard body-worn camera system during every type of interaction with the public in which recording the interaction was appropriate. These interactions have included traffic stops, calls for service, arrest situations, vehicle pursuits, interviews, and voluntary citizen contacts. The recordings have served as an invaluable investigative tool and aided in the successful prosecution of many criminal cases. The current cameras have functioned adequately overall but are now up for replacement. The current cameras have frequent malfunctions due to age. Based on these issues, staff recommends the purchase of 43 new body-worn cameras from Axon, which has a proven track record within law enforcement.
In 2019, FCPD purchased updated TASER’s and distributed them to all officers assigned to the patrol and administrative division. FCPD officers used their TASER devices while interacting with suspects who were actively resisting officers’ attempts to gain compliance, which allowed the officers to safely take the suspects into custody.
Moreover, the officers were able to choose an alternative to deadly force. The combination of intensive annual training and our officers demonstrating discipline with its application has made the TASER a highly effective use of force option. TASER technology currently used by FCPD officers has been surpassed by more useful TASER technology, rendering the current TASERs obsolete.
The FCPD has not been capable of transferring digital evidence electronically to the San Mateo County District Attorney’s Office due to the technology associated with the Watchguard camera system. Entering into the agreement with Axon will provide this ability through the integration of Evidence.com and thereby bringing FCPD into alignment with all other San Mateo County agencies and the District Attorney’s Office.
ANALYSIS
Body-worn cameras and TASER devices have proven to be useful tools for the FCPD.
Camera video has provided evidence in criminal matters, video used to confirm the innocence of officers accused of wrongdoings, and video used for accountability and training purposes. The newer technology being sought through Axon will provide cameras that perform well and a system that will allow secure electronic sharing of evidence.
TASER devices have proven their worth over the many years of use by FCPD officers.
These devices provide a less than lethal level of force, and when deployed, have typically resulted in minimal injury while providing officers with opportunity to gain subjects compliance. Because the simple display of the TASER device is often enough to gain compliance; the discharge of the TASER is typically not necessary.
Staff recommends that we upgrade our WatchGuard Video body-worn camera system to Axon and purchase 43 cameras based on the following:
•Secure data storage: Utilizes encrypted storage to protect the integrity and confidentiality of recorded footage.
•Quick activation: Enables rapid activation to start recording at a moment's notice. •Pre-event buffering: Records a short buffer of footage prior to activation to capture events leading up to the recording.
•Long battery life: Ensures extended recording time for full shifts or longer operations.
•Durability: Designed to withstand the rigors of law enforcement and public safety environments.
•GPS and timestamping: Provides location and time information for each recording, enhancing accountability and situational awareness. •Integration with cloud-based Evidence.com platform: Allows seamless uploading, storage, management, and sharing of recorded footage with the San Mateo County District Attorney’s office. Our current process involves a Senior Community Service Officer downloading digital media evidence on a CD and our Court Officer hand delivers the evidence to the District Attorney’s office. This process is not timely or cost efficient. Having the ability to share the evidence directly with the District Attorney’s office will cut down on staff time preparing and delivering evidence, the cost of supplies and will ensure the District Attorney’s office will have evidence available in a timely manner in order to make filing decisions on our criminal cases and discovery for court hearings. •The expected service life of the Axon body-worn camera is five years. •Purchasing 43 cameras will allow us to issue a body-worn camera to every police officer assigned to patrol and special assignments, as well as to each community service officer on patrol, and it allows for the availability of spare devices in the event there is a need.
The following provides an overview basis for the need to replace our current TASER devices:
•The current devices are suffering an increasing number of malfunctions due to age and usage.
•The demonstrated effectiveness of the device in gaining suspect compliance/cooperation.
•The demonstrated effectiveness of the device as a less lethal use of force option. •An assumed reduction of injury to both suspects and officers averted through the display and/or application of the device.
Per TASER International, the recommended service life of a TASER device is five years. The useful life takes into account deployments and the environment in which they are used. As the devices age, malfunctions exhibited by the TASERs increase, resulting in a failure of the darts to deploy or a lack of electrical charge. Furthermore, devices that have exceeded their useful life are no longer eligible for service by TASER.
The contract specifies the provision of 43 Body-Worn Cameras will be replaced at multiple intervals, which is included in the costs. This ensures that there will be no additional costs throughout the contract..
California Environmental Quality Act
The multi-year contract with Axon for purchase of law enforcement equipment and ancillary services is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
FISCAL IMPACT
The total cost of purchasing 43 Axon Body-worn cameras and 34 Axon TASERs over a five-year contract is $460,468.53. The payment structure involves $145,010.51 in the first year, $78,864.48 in years two through four, and $78,864.58 in the fifth year. The cost of the first year of the contract will be funded through our Equipment Replacement Funds for TASERs and Body Worn Cameras, which as of July 1, 2024, will have a combined balance of $147,000. The Equipment Replacement Funds will be transferred into line item 001-0620-421-4251, and then used to pay for the first year of the contract.
The appropriation of funds will be through the budget process with the first year being FY 24/25.
For the remaining four years, we will be requesting the City allocate the necessary funding from the General Fund into line item 001-0620-421-4251. The total amount required for these years totals $315,458.02 broken down as follows:
•Year 2-FY 25/26 /August 2025 - $78,864.48
•Year 3-FY 26/27 /August 2026 - $78,864.48
•Year 4-FY 27/28 /August 2027 - $78,864.48
•Year 5-FY 28/29 /August 2028 - $78,864.58
The purchase will be made through Axon, a sole source vendor to law enforcement agencies.
The total cost breakdown will be:
43 Body-Worn Cameras
Unlimited Storage & Auto Tagging
License Bundles
34 Taser Devices
$118,368.80
$100,962.60
$51,999.00
$165,729.60
2-day Taser Training $2,500.00
Estimated Tax $20,908.53
Total $460,468.53
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS
Attachment 1 - Resolution
Attachment 2 - Axon Enterprise, Inc. Quote
Attachment 3 - Sole Source Letter