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Staff Report.Amendment Axon BWC Agr PREPARED BY: Heather St. John Senior Administrative Analyst Reviewed by: Town Manager, Police Chief, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 5/2/2023 ITEM NO: 11 DATE: April 20, 2023 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Approve a First Amendment to the Axon Body Worn Camera Agreement for an Increase of $25,095 for a Total Agreement Not-to-Exceed Amount of $275,629 Consisting of the Following: a. Increase Total Quantity of Axon Body-Worn Camera Equipment and Charging Docks Not to Exceed a Total of $15,095; and b. Increase Axon Digital Evidence Storage Capacity for Audio and Video Recordings Not to Exceed a Total of $10,000 RECOMMENDATION: Approve a first amendment to the Axon Body Worn Camera agreement for an increase of $25,095 for a total agreement not-to-exceed amount of $275,629 consisting of the following: a. Increase total quantity of Axon body-worn camera equipment and charging docks not to exceed a total of $15,095; and b. Increase Axon digital evidence storage capacity for audio and video recordings not to exceed a total of $10,000. BACKGROUND: On February 18, 2020, the Town Council approved allocation of $377,130 of total funding to authorize the Town Manager to execute two five-year agreements with Axon Enterprises Inc. for the purchase and maintenance of Body-Worn Cameras (BWC) and conducted energy weapons (Tasers). The Axon Enterprises Inc. BWC original agreement totaled $250,534 of the $377,130 authorized amount, which consisted of body-worn cameras and digital evidence storage and maintenance for the duration of the agreement term through FY 2023/24. PAGE 2 OF 3 SUBJECT: Approve a First Amendment to the Axon Body Worn Camera Agreement DATE: April 20, 2023 BACKGROUND (continued): The Los Gatos-Monte Sereno Police Department was a pioneer in Santa Clara County in deploying Officers with body-worn cameras (BWC) beginning in 2008. In 2020, the Town’s Information Technology Department and Police Department identified Axon Enterprises Inc. as a preferred sole source vendor with upgraded BWC technology and a digital evidence storage platform for a successful BWC program, in compliance with best practices in accordance with legislative mandates. The current law enforcement practice is to collect and retain digital evidence on a single operating platform. This allows for seamless collection of BWC audio and video, patrol vehicle in-car camera audio and video as well as other digital evidence. The Axon Enterprise Inc. BWC equipment and data storage platform (Evidence.com) meets these critical needs and benefits the Town, Police Department, and the public through enhanced evidence collection, retention, increased Officer safety, accountability, and transparency. DISCUSSION: In 2021, the Town Manager approved a First Amendment with Axon (Attachment 1). The Town Attorney at the time determined that this was within the authority of the Town Manager because the increase in the total agreement was $15,095 and there was an immediate need for the Police Department to implement the new BWC program. At the time, staff recognized that this increase would affect the total dollar amount of the original Axon maintenance agreement and would be required to be brought forward for Council in the future for approval. This item is now before the current Council to provide an opportunity for formal approval of the First Amendment In 2021, the Department purchased an additional three BWC devices (for a total of 48 total BWC devices), a multi-device charging and digital upload dock, and six individual charging dock replacements. As best practice in accordance with state law and department policies, the additional cameras were purchased to outfit additional field personnel such as Community Service Officers and Reserve Police Officers with BWC technology. In addition, the Department also recognizes that maintaining several readily available replacement cameras allows for individual BWC replacement while faulty equipment is repaired and serviced. Throughout the past several years, staff has monitored the Axon BWC digital evidence storage use and capacity, and ongoing annual payments for this service. It is anticipated that prior to the end of the Axon Enterprises Inc. BWC and digital storage agreement term in FY 2023/24, digital evidence storage capacity may need to be increased to accommodate an increase in BWC video within the Axon Evidence.com system. Staff estimates a total increase of up to $10,000 for ongoing payments related to additional storage capacity for the remainder of the original agreement term. PAGE 3 OF 3 SUBJECT: Approve a First Amendment to the Axon Body Worn Camera Agreement DATE: April 20, 2023 DISCUSSION (continued): Staff is bringing forward this amendment to Axon’s Enterprises Inc. original BWC agreement to document the purchase of additional equipment and maintenance services, and potential funding for additional digital storage capacity. CONCLUSION: Approve the first amendment to the Axon Body Worn Camera agreement for an increase of $25,095 for a total agreement not-to-exceed amount of $275,629. FISCAL IMPACT: The addition of three body-worn cameras purchased in 2021 increased the annual maintenance costs within the original Axon Enterprises Inc. agreement for payments due in FY 2022/23 and in FY 2023/24 by a total of $15,095. There is sufficient funding in the FY 2022/23 Police Department operating budget to cover the increased cost of the additional maintenance services. In addition, funding for the anticipated increase in potential additional digital storage capacity for the remainder of the agreement term has been programmed in the proposed FY 2023/24 Police Department operating budget. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. First Amendment with Original Agreement