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  7.G.       
Meeting Date: 06/15/2021  
Co-Submitter: Allison Hughes

TITLE:
Consideration and Approval of Contract:  Five (5)-year Master Services and Purchasing Agreement with Axon Enterprise, Inc. (formerly known as TASER International) for the Axon Officer Safety Plan, including, the Axon Flex body-worn cameras, Evidence.com License, and TASER 7 equipment in a five (5)-year total amount of $1,003,291.67.
STAFF RECOMMENDED ACTION:
  1. Approve the funding of the five (5)-year Master Services and Purchasing Agreement with Axon Enterprise, Inc. for the Axon Officer Safety Plan in the total amount of $1,003,291.67, including, the Axon Flex body-worn cameras, Evidence.com License, and TASER 7 equipment. The first payment, which will be due in FY2021-22, will be in the amount of $124,909.99; the remaining four (4) payments, over the remaining four (4)-years of the contract will be in the amounts of $219,595.42; and
  2. Authorize the City Manager to execute all necessary documents.
Executive Summary:
The Flagstaff Police Department is committed to the belief that body-worn cameras and TASERs are important and valuable tools, which help support the mission of the agency, with an emphasis on the valuing and protecting of life. The Flagstaff Police Department currently utilizes AXON Enterprise, Inc. (Axon) (formerly TASER International) body-worn cameras in conjunction with software known as Evidence.com. The body-worn camera video is audio-video documentation of a police officer’s investigative and enforcement activities from the perspective of the officer. The use of body-worn cameras has created greater transparency, more effective prosecution, more efficient citizen complaint investigations, and improved protection against false allegations of excessive use of force, misconduct, or racial profiling. Approval of this Master Services and Purchasing Agreement (Agreement) will allow the Flagstaff Police Department to bundle next generation of body-worn cameras with TASER 7 equipment to provide the latest technologies and assure the City of Flagstaff has the necessary unlimited data storage to maintain captured videos. The Agreement will replace the two (2) existing contracts that the Flagstaff Police Department has for the Axon body-worn camera program and the TASER program which are set to expire at the end of FY 22.

The main reason for requesting this new Agreement is:
  • It will allow the Flagstaff Police Department to bundle Axon equipment (body-worn cameras and TASERs) and have new equipment issued every year-and-a-half from Axon. This will allow for new technology and increased performance.
  • The upgrade allows the Flagstaff Police Department to have increased technology, better products, substantial savings (estimated at $200,000) over a five (5)-year period, and unlimited data storage. 
  • It will provide the opportunity to lock in 2021 prices with Axon for the next five (5)-years. This is the first year (2021), that Axon has decreased contract pricing, in an effort to help support law enforcement agencies, who may be struggling financially as a result of the COVID-19 pandemic. Additionally, the Flagstaff Police Department recognizes technology related costs have a consistent history of increasing year after year and this Agreement will help ensure the greatest cost-saving opportunity is maximized with Axon.
Financial Impact:
The current Axon body-worn cameras and TASER warranties will expire upon completion of FY2021-22. There will need to be a solution to continue the maintenance and replacement of the body-worn cameras and TASER platforms.  This Agreement provides the Flagstaff Police Department that solution. The agency will retain credit from original contracts and receive substantial discounts from AXON to put towards the TASER Assurance Plan. This TASER Assurance Plan also warranties the equipment and allows the Flagstaff Police Department to have an open stock on accessories which are included in the Agreement. If the Agreement is approved, the first payment, which will be due in FY2021-22, will be in the amount of $124,909.99; the remaining four (4) payments, over the remaining four (4)-years of the Agreement will be the amount of $219,595.42.  The FY2021-22 payment is budgeted in the Police budget in account number 001-04-062-0221-2-4303.
Policy Impact:
Failure to continue use of the body-worn cameras and/or TASER program will have significant impacts to the Flagstaff Police Department policy and procedures.
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives

Governance (Public Safety)
The AXON body-worn camera system benefits the City of Flagstaff, community members, the Flagstaff Police Department and individual officers. The use of this technology will help to protect officers and the Flagstaff Police Department from false accusations of wrongdoing as well as continue the agency's history of transparency with the community. The body-worn cameras have also assisted with prosecution of criminal cases.
Has There Been Previous Council Decision on This:
No. However, a similar five (5)-year contract for Axon body-worn cameras received approval from City Council in June 2017. Additionally, in FY2020-21, a contract for the use of a TASER products was also approved by City Council for one (1)-year.
Options and Alternatives:
  1. The City Council may approve the Agreement with the Axon for the next five (5)-years with an option to renew; or
  2. The City Council may choose to reject the Agreement. If the Agreement is rejected, the warranty for the current body-warn cameras will expire in FY2021 and Axon will start charging for the overage in data and all replacement of body-worn camera components. Further, the Flagstaff Police Department would be required to pay for any future upgrades to body-worn camera systems/equipment and TASER equipment. 
Background/History:
The Flagstaff Police Department successfully implemented the use of body-worn cameras in July of 2014. Currently, all sworn officers assigned to patrol and working in the field have been equipped with Axon FLEX 2 body-worn cameras. There are currently two (2) contracts for Axon Flex 2 body-worn cameras and evidence storage.

The use of body-worn cameras supports a reduction in citizen complaints, use of force incidents; they support an increase in capturing valuable evidence to help with the prosecution of crimes and to continue to assist with the transparency of the Flagstaff Police Department operations with the community. In the first year of the body-worn cameras, there was a 38% decrease in complaints (2015 compared to 2014). The Flagstaff Police Department is committed to the belief that the body-worn camera is an important and valuable tool for law enforcement, including, the software known as Evidence.com which offers storage and redaction. The officers have been able to record their investigations which are then reviewed by detectives and attorneys facilitating prosecution. The body-worn cameras have proven to work well with the Flagstaff Police Department and meet the needs of officers and citizens of Flagstaff.

The benefits of using body-worn cameras include:
  • Reducing use of force incidents and citizen complaints.
  • Provide an exceptional point of view recording of incidents and crime scenes.
  • Capturing valuable statements by victims, witnesses, and suspects to aid in prosecution.
  • Afford officers an opportunity to review incidents to enhance their reports and their testimony in court.  
  • Allows supervisors to review officer interactions to provide mentorship and training, if they recognize areas of potential improvement.
  • The Officer Safety Plan allows the police department to have new technology and better support from Axon.
The customer service provided by Axon has been exceptional and support is available when needed, especially during major investigations. As noted, Axon has developed a product called Evidence.com which is a cloud-based storage system that complies with the requirements of the Arizona Criminal Justice Information System (ACJIS). Evidence.com stores all officers’ video in accordance with retention schedules, allowing investigators to review the investigations and share them with the City and County Attorney’s Office. This is an exceptional tool for prosecution as well as investigations. Evidence.com has redaction software which allows the Flagstaff Police Department to release videos to the public in an expedient manner, but stay in compliance with state law by redacting any personal and sensitive video footage. The redaction tool and ability to quickly upload redacted video has been invaluable to supporting our agency’s dedication to transparency and communication. 

There are many benefits of a cloud-based system offered by Evidence.com. The first being that there are no hardware costs to the Flagstaff Police Department; no hardware systems need to be replaced and no additional computer or servers are needed for initial or ongoing purchase/replacement. There is no burden on the Flagstaff Police Department to worry about available storage space since there is unlimited storage available on Evidence.com. This helps reduce the amount of physical or tangible media placed in our evidence room; this digital media is stored in the cloud. Officers also use the Axon Capture phone application, which allows them to take and upload crime scene photographs with their personal electronic devices, which are uploaded and stored in Evidence.com.  Similarly, Axon has developed Axon Citizen, allowing officers, detectives or any department user, to share a link to a community member and afford an opportunity to the community member to upload photos or videos from their device to the associated incident.  This reduces staff time in uploading or gathering the photos or videos electronically, then burning those videos or images to a disc.

One component of the Agreement is the Axon Assurance Plan which allows for extended hardware coverage, spare parts for the cameras, and upgrade models every year and a half. Additionally, new Axon docking stations are included for both the TASER 7 and body-worn camera Flex 3 platforms. The Agreement will also include unlimited storage and have an improved redaction software to help save on staff time and resources when producing public record and/or media requests.

The Procurement Department has done its due diligence and determined that this Agreement qualifies as a sole source purchase. The Flagstaff Police Department has been using Axon products for many years and has trained its officers extensively on use of the Axon Flex body-worn cameras and TASER products. This Agreement will promote continuity within the department on very complex products and technology. This includes the use of the software program, Evidence.com which under the proposed Agreement, has expanded to cloud storage technology. New Axon body-worn camera products are compatible with this cloud storage technology. The Flagstaff Police Department has been implementing Axon's products and services successfully and entering into the Agreement would be an appropriate sole source purchase.
Key Considerations:
  1. The Flagstaff Police Department has been using Axon body-worn camera systems since 2017. Officers are familiar with the devices, the software and how to label, upload, download, share, search, categorize and store the videos properly in Evidence.com.
  2. The Agreement would allow the Flagstaff Police Department to have unlimited data.
  3. The Agreement provides officers with additional training and materials as required for the continued deployment of Axon equipment.
  4. The Agreement affords the Flagstaff Police Department great long-term training advantages by offering the ability to have two (2) “TASER Master Instructors”, which is an ongoing financial benefit to the City of Flagstaff, insofar as, the agency would be able to recertify existing TASER Instructors (in lieu of sending them to Scottsdale for multiple days for the recertification) and train new TASER Instructors (in lieu of sending personnel to Scottsdale for two weeks to receive their certification).
  5. The Agreement will upgrade to the TASER 7 platform, which has shown increased effectiveness for penetrating dense clothing, greater incapacitation of combative subjects, multiple prong deployment ability (currently the TAXER X26 only has a one-time prong deployment capability, while the TASER 7 has two opportunities for long-range deployment to incapacitate a combative subject). 
Expanded Financial Considerations:
The initial payment of $124,909.99, will allow for an immediate upgrade to the TASER 7 conductive energy weapon for sworn officers, training cartridges and live TASER 7 cartridges. In addition to the TASER 7 equipment, the costs for body-worn camera evidence storage and retention will also be included; basic and professional evidence storage licensing along with unlimited data for all videos stored on Evidence.com is also part of this Agreement.  

The total amount for the five (5)-year term of the Agreement will be $1,003,291.67. The amount requested for year one (FY 2021-22) is $124,909.99.  

The true value of the Agreement without the Flagstaff Police Department's credit or discount would be $1,129,364.50.  Based on the total value of the contract ($1,129,364.50), the Axon discount is $200,820.62, or a 17.8% discount of list price. The subtotal of the Agreement before taxes, and shipping and handling is $928,543.88. Taxes of $74,747.79 bringing the total amount of the Agreement to $1,003,291.67. 
  • Year ONE will be in the amount of $124,909.99 and will include replacement equipment and unlimited evidence storage and retention of videos.  The Agreement also includes redaction and sharing tools to properly manage the release of videos, as well as TASER Instructor/Master Instructor certification vouchers.
  • Year TWO will be in the amount of $219,595.42 and will include replacement of broken or damaged equipment along with unlimited evidence storage, retention of videos and redacting software, as well as TASER Instructor/Master Instructor certification vouchers.
  • Year THREE will be in the amount of $219,595.42 and will include a replacement of all body-worn cameras with Axon's newest technology and unlimited evidence storage, retention of videos and redacting software, as well as TASER Instructor/Master Instructor certification vouchers.
  • Year FOUR will be in the amount of $219,595.42 and will include replacement of broken or damaged equipment along with unlimited evidence storage and retention of videos, as well as TASER Instructor/Master Instructor certification vouchers.
  • Year FIVE will be in the amount of $219,595.42 and will include a replacement of all body-worn cameras with Axon's newest technology and unlimited evidence storage and retention of video, as well as TASER Instructor/Master Instructor certification vouchers. This will be the last year of the Agreement.
Community Benefits and Considerations:
The Flagstaff Police Department values customer service and community trust. Axon body-worn camera videos will aid in prosecution, accurately documenting victim and witness statements as well as creating an objective recording of the crime scene. The use of Axon body-worn cameras allows the City of Flagstaff and the Flagstaff Police Department to be more transparent in officer interactions with the public. As a risk management tool, the video recorded by the body-worn cameras and stored in the Evidence.com cloud may alleviate accusations of wrong-doing and prevent use of force incidents.
Community Involvement:
The audio and video recording from the body-worn cameras have helped enhance the Flagstaff Police Department's ability to review probable cause for arrests, view officer and suspect interactions, provide feedback for officers in training and allows for a visual of evidence collecting for investigation and prosecution.  The Flagstaff Police Department has received multiple requests from the media and citizens requesting body-camera footage and by having this tool has helped to increase trust between the department and the community. There have been many meetings with City community members who have vocalized their support of the body-worn camera program.
Attachments
Contract with Axon
Quote for products


    

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