That the City Council:
A.  Approve to waive formal bid procedures per La Habra Municipal Code Section 4.20.070(E) regarding the acquisition of information technology equipment for the body-worn cameras, and 4.20.070(D) regarding the acquisition of the Taser devices;

B.  Approve and authorize the City Manager to enter a five-year agreement with Axon Enterprise, Inc. (Axon) in the amount of $798,205 for the purchase, maintenance, support and replacement (as needed) of body-worn cameras and Taser devices; and,

C.  Authorize staff to issue a purchase order to Axon for $159,641 for the initial purchase of 85 new body-worn cameras, 73 conducted energy weapons (Tasers), and associated hardware and evidence storage infrastructure.

Consistent with the City of La Habra’s approved FY22-23 Goals and Objectives (Attachment 1), the La Habra Police Department (LHPD) utilizes existing and emerging technologies to enhance public safety, improve transparency and accountability, and ensure compliance with department policies and procedures.  To help achieve a high standard of excellence in day-to-day operations, LHPD has been utilizing body-worn cameras (BWCs) produced by Axon, Inc., for several years to document interactions with the public.  BWCs have proven to be a highly effective tool to document instances where confrontations, uses of force, and/or arrests occur involving officers and the public, help establish a record of these instances to ensure proper training and protocols were followed, and provide the means for the City to defend itself from litigation and civil claims.

Axon software enables the LHPD staff to review incidents in order to try to determine the circumstances leading up to and during an interaction or event.  In addition, audio and video footage from BWC’s have provided crucial evidence used in legal proceedings that protect public safety within the community.  Axon’s advanced data management system has enhanced LHPD’s ability to search through image files, share and exchange information and evidence with the Orange County District Attorney's (OCDA) office, and provide the means to redact and transmit audio/video files to the OCDA seamlessly without additional cost. 
 
LHPD’s current contract with Axon, which was first approved by the City Council in 2017, is at the end of its initial five-year term. That initial contract, which was originally with Taser International Inc. before they diversified and rebranded their company to Axon, facilitated LHPD’s purchase of 67 BWC’s. In 2017, the LHPD requested bids from three BWC vendors including Axon (then called Taser). After testing and evaluating various products, Axon (Taser) was found to provide the best overall package of equipment, data storage systems and support. Since that time, LHPD has successfully and effectively integrated BWC use in departmental operations and policies, and have further refined the usage of BWC's to better serve the community.  As such, LHPD proposes to expand BWC usage to all personnel who consistently perform duties in the field.  This proposed BWC program expansion would include a total of 81 BWCs, distributed among staff as follows:

- Seventy (70) sworn police personnel;
- Three (3) animal control officers;
- Four (4) parking enforcement personnel;
- Four (4) community service officers; and,
- Four (4) back up devices to be issued as needed or used as temporary replacements for damaged units.

In addition to the BWC devices, this agreement will also replace aging conducted-energy weapons (CEW) that are carried by the officers (also known as Tasers) that have reached the end of their useful lifecycles. CEW’s have proven to be an effective less than lethal law enforcement tool to reduce the chance of serious injury to both officers and suspects. The CEW model currently carried by officers is no longer produced by Axon and, as a result, LHPD is unable to replace or repair equipment when damaged. It should be noted that Axon provides the premier CEW device in the industry and has been exclusively used by LHPD for 20 years. 

The newest model, Taser 7, would provide significant upgrades to the current models, including a feature that allows for the automatic activation of the BWC when a CEW is removed from its holster. This feature has great utility for officers who often need to react quickly when faced with an unexpected threat, and thereby reduces the chance that a BWC will not be activated in time to document an incident. As part of this proposed agreement, LHPD is seeking approval to purchase seventy-three (73) CEWs, which will be enough to assign to all sworn police positions, as well as maintain a small number of back up units to be held in reserve.

Staff was successful in negotiating with Axon to provide a reduced price for the combined acquisition of BWCs and CEWs devices. In addition, Axon has agreed to provide a “no cost” repair and replacement warranty for both BWCs and CEWs over the five-year term of the contract. Furthermore, by renewing an agreement with Axon for this equipment, the City will avoid any potential additional cost to convert and/or upload existing image and data files maintained by Axon to another selected vendor.

LHPD staff has been satisfied with the durability, performance, accessibility and dependability of Axon’s products and performance over the past five years and therefore recommends that the City Council approve and authorize a new agreement with Axon (Attachment 2). It should be noted that all Orange County police agencies, with the exceptions of the Brea and Tustin Police Departments, currently use BWCs provided by Axon, and that the OCDA's data/evidence management system continues to provide high speed, secure digital communications with Axon database systems, allowing the LHPD to quickly and efficiently upload digital image files and videos to the OCDA. 

In the event the City Council approves staff’s recommendation, the annual cost of the proposed agreement will be $159,641, for a total of $798,205 over the life of the five-year agreement. The cost of the first year of the contract will be equally split between available Asset Forfeiture Fund resources and the General Fund.