REPORT TO THE CITY COUNCIL
FROM: MINDY CASTO, Chief of Police
Police Department
BY: BURKE FARRAH, Deputy Police Chief
Patrol Division
SUBJECT
Title
Actions pertaining to the Fresno Police Department’s technology contract with Axon Enterprises, Inc.
1. Award a sole source agreement between the City of Fresno Police Department and Axon Enterprises, Inc., in the amount of $234,470.77 for the purchase of two (2) Drones as First Responder (DFR) units with Axon Air software and service support for a total of twelve (12) months and for the purchase of the third DFR unit from Axon Services, Inc. with Axon Air software and service support for a total period of four (4) years, in the amount of $149,588.62;
2. ***RESOLUTION - Adopt a Resolution authorizing the establishment of a contract for the purchase of two (2) drones with Axon Air software and service support for a total of twelve (12) months, along with the purchase of one (1) additional drone with Axon Air software and service support for a period of four (4) years, as a first responder with Axon Enterprises, Inc. without advertised competitive bidding (Subject to Mayor’s Veto);
3. Approve acceptance of donated funds for the purchase of the third DFR unit from Axon Services, Inc., to be dispensed in the amount of $50,000 each year for a total of four-years from the Fresno Police Chief’s Foundation, a third party, in an amount not to exceed $205,000;
4. Approve the purchase of the three (3) DFR units in compliance with California Government Codes (GC) 7070-7075 which require the governing body’s approval to purchase Military Equipment as defined by the government code.
Body
RECOMMENDATIONS
On December 14, 2023, Council authorized the acceptance of $23,663,194 in grant funding from the State of California, Board of State and Community Corrections (BSCC) for Organized Retail Theft (ORT) enforcement. Staff recommends Council authorize the Chief of Police to enter into a sole source agreement with Axon Enterprises, Inc. for 12 months in an amount not to exceed $235,000 for the purchase and service of two (2) DFR units as well as software and service support under the grant. The funding for the first year of service is included in the Police Department’s FY 2026 ORT grant budget.
It is also recommended Council authorize the Chief of Police to accept donated funds from a third party to be dispensed in the amount of $50,000 each year in a four-year purchase period from the Fresno Police Chief’s Foundation, a third party, in an amount not to exceed $205,000 for one (1) DFR from Axon Enterprises, Inc.
EXECUTIVE SUMMARY
The City of Fresno has been awarded grant funds in the amount of $23,663,194 from the State of California, BSCC to fund projects that support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft within the cities of Fresno and Clovis. The grant activity period is from October 1, 2023, to December 31, 2026. This grant was accepted by Council on December 14, 2023. Staff recommends the purchase of two (2) DFR units under the grant, along with software and service support for a total of 12 months with Axon Enterprises, Inc. to support combating organized retail crime in the City of Fresno.
The Fresno Police Department is also seeking approval for the purchase of the third DFR unit from Axon Services, Inc. in the amount of $149,588.62, a reduced cost due to a trade-in program, for a period of four years by and through the acceptance of donated funds to be dispensed in the amount of $50,000 each year four a four-year period from the Fresno Police Chief’s Foundation, a third party, in an amount not to exceed $205,000. The Fresno Police Department understands that to be retained, all donations over $25,000 must be accepted by City Council, and any department receiving donations must furnish the City Controller a report showing such donation within the first four weeks of July annually per Fresno Municipal Code 7-105.
BACKGROUND
The State Budget Act of 2022 (Senate Bill 154, Chapter 43, Statutes of 2022) established the Organized Retail Theft Prevention Grant Program. Funding is available to California city police departments, sheriff departments, and probation departments to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
Currently the Fresno Police Department utilizes and deploys approximately 42 conventional drones in the field. These drones are extremely valuable to both patrol and special units for aerial overwatch during in progress incidents, operations, searches of large outdoor areas, the interior of structures and many other situations facing law enforcement, enhancing both officer and public safety. Technology has advanced rapidly over the past three years and drones being used as first responders are now on the market and available to law enforcement. In addition to our existing Federal Aviation Administration (FAA) authorization, we have also obtained an FAA Certificate of Waiver, allowing for DFR operations in Fresno.
DFR entails the use of dock-based drones that can be remotely piloted from anywhere. Docks can be strategically located to provide the best coverage and response times, while balancing the need for equipment security. Axon has partnered with Skydio, the manufacturer of state-of-the-art, U.S.-made drone systems, and is now offering complete DFR units with service and training that includes all licensing needed for direct integration into our existing software platforms (Evidence.com and Fusus). Other DFR providers were explored, but did not meet the needs of DFR in Fresno.
With this equipment we anticipate a significant decrease in response times to in-progress crimes within the DFR’s optimal three-mile flight radius. DFR’s can be immediately dispatched to scenes to provide real-time information to responding officers, capture evidentiary video or provide information that allows a call to be cancelled, freeing-up officers under limited circumstances to respond to other calls for service. Authorizing this purchase through the utilization of grant and donated funds allows the department to initiate a DFR program without impacting the general fund. Existing grant funded officers and professional staff would be trained and assigned to operate DFR units remotely from their assigned workstations.
There will be two separate contracts with Axon for DFR. The first will allow the purchase of equipment and a one-year service contract through the ORT grant for two DFR units. For the DFR’s purchased under the grant, the service contract will end with the conclusion of the grant. Once purchased, the units would be the property of the Fresno Police Department and other funding sources would be utilized to continue their use. The second contract will be for a four-year period with Axon Air, software and service support for a period of four years with donated funds.
The City of Fresno will hold the contract and own all data obtained by DFR and any evidence (video) obtained will be automatically uploaded and stored in Evidence.com.
Training for up to four (4) pilots is included with the DFR purchase. These four trained pilots would then be authorized to provide in-house training that satisfies FAA requirements for DFR use.
The placement of the ORT funded DFR docks will be the Northeast and Northwest District stations. These locations provide security, necessary IT infrastructure and close proximity to the city’s highest concentrations of retail theft. The dock for the DFR purchased with donated funds will be placed on our police annex building, to provide coverage downtown as well as the Tower District.
ENVIRONMENTAL FINDINGS
This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378.
LOCAL PREFERENCE
This contract would be awarded as a sole source, meaning local preference would not apply since there is a single provider of the specified equipment.
FISCAL IMPACT
There will be no net impact to the general fund. The ORT grant provides full cost recovery for all operations, training and supplies for this program during the period of the grant for two (2) of the DFR units, as well as, Axon Air, software and service support for a total of 12 months. Expenses will be claimed and reimbursed on a quarterly basis. The third DFR will be purchased from donated monies from the Fresno Police Chief’s Foundation, a third party in the amount of $50,000 each year for four years, in an amount not to exceed $205,000.
Attachments:
Agreement Between City of Fresno Police Department and Axon Enterprises, Inc. with attached quotes
Sole Source Resolution
Fresno Police Department Drone Policy 439