RESOLUTION 2018-060

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO
(1) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL SERVICES WITH ODIN SYSTEMS FOR THE DESIGN, PURCHASE,
INSTALLATION, IMPLEMENTATION, INTEGRATION AND TESTING OF THE CITY-WIDE
PUBLIC SAFETY EQUIPMENT PROJECT TO INCLUDE UP TO 56 ALPR CAMERAS AND 60
SITUATIONAL AWARENESS CAMERAS AND REPLACING THE CURRENT 3M CAMERAS TO
OPERATE WITH THE VIGILANT, HAWKEYE, AND LIVE EARTH SOFTWARE AT A COST
NOT TO EXCEED $2,491,335 AND TO EXECUTE RELATED SOFTWARE AGREEMENTS;
(2) AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND DOCUMENTS TO
EFFECTUATE A FOUR-YEAR LEASE FINANCING ARRANGEMENT FOR FY 2018/19
THROUGH FY 2020/21 AT A NOT-TO-EXCEED COST OF $2,608,530; (3)
AUTHORIZING THE APPROPRIATION OF $1,000,000 FROM THE FY 2017/18 GENERAL
FUND DESIGNATED RESERVE TO THE POLICE DEPARTMENT OPERATING BUDGET; AND
(4) AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR
PROFESSIONAL SERVICES WITH ODIN SYSTEMS FOR ONGOING MAINTENANCE AT A
YEARLY COST NOT TO EXCEED $150,000 WITH FOUR ONE-YEAR OPTIONS NOT TO
EXCEED $750,000 IN TOTAL FOR A TOTAL AUTHORIZATION OF $3,358,530

WHEREAS, City-Wide Security System under the Public
Safety Policy Area is an adopted policy item under the FY 2018-21 City
Council Priority Work plan, effective November 1, 2017;

WHEREAS, in 2011, the City selected and contracted with ODIN Systems to
implement a surveillance system. Since that time, ODIN Systems has
designed, installed, and implemented 134 situational awareness cameras
at fixed locations and 16 automated license plate reader cameras at
fixed locations throughout San Pablo;

WHEREAS, pursuant to City Council Resolution 2011-058, the previous
procurements through ODIN Systems received a waiver from City bidding
requirements for previous project purchases because: 1) specialized
services combined with equipment and products, in which the City
acquires and installs equipment but must also retain specialized
services for consulting on use, training, installing, maintaining, and
servicing the products (San Pablo Municipal Code section 3.16.110(B);
and 2) sole source agreements, given the unique software attributes
discussed above (San Pablo Municipal Code section 3.16.110(C);

WHEREAS, further competitive bidding requirements may be dispensed if
the public interest is better served by doing so, as where competitive
bidding would not produce an advantage. (Graydon v. Pasadena
Redevelopment Agency (1980) 104 Cal.App.3d 631; Los Angeles Dredging
Co. v. Long Beach (1930) 210 Cal.348.) The exception may be invoked
where the product or service contracted for is of unique value and may
not be obtained elsewhere (Hodgeman v. City of San Diego (1942) 53
Cal.App.2d 610,618);

WHEREAS, during the development of this initial project 2011, staff met
with local civil rights groups and discussed any concerns from the
community. Ultimately, the civil rights groups and the community
recognized the value of the system as it impacted public safety and the
San Pablo Police Department adopted Departmental Policy #378 -- Public
Safety Video Surveillance System in 2016;

WHEREAS, the City also contracted with ShotSpotter LLC to install
gunshot detection software which has been enhanced to cover much of the
City of San Pablo;

WHEREAS, all of this technology has been utilized to solve many
investigations including homicides and shootings. This technology has
positively impacted public safety as there has been a 74% reduction in
gun violence as well as continued decline in overall violent crime in
the City of San Pablo since 2011;

WHEREAS, the current coverage area of the situational awareness and ALPR
cameras is limited to specific areas of the City;

WHEREAS, staff recommends expanding technology with an additional 60
situational awareness cameras and 56 ALPR cameras and related software
integration ("City-wide Public Safety Equipment Project" or "Project"),
to greatly increase the likelihood that criminal activity would be
captured through technology;

WHEREAS, Live Earth software assists staff in emergency situations by
aggregating critical data from multiple systems onto a single
interactive map. With Live Earth, the Police Department will have the
ability to view real-time data and video from many data sources to help
gain instant awareness of incidents as they unfold in real time;

WHEREAS, HawkEye Effect Camera Automation system provides enhanced
situational awareness during critical events. Through its Certified
Integration with Milestone and ShotSpotter, the HawkEye Effect
automatically provides visual verification of gunshot incidents which
ensures first responders have critical information to make rapid
decisions;

WHEREAS, the technology of the sixteen 3M cameras installed throughout
the City has become antiquated and would require upgrades and
replacement;

WHEREAS, Vigilant Solutions ALPR system provides enhanced analytical
data which can be easily accessed by authorized individuals in real
time, but outside agencies can only access the data with the Police
Department's consent. This data greatly assists in developing more
investigative leads efficiently. This technology improves upon the 3M
ALPR system previously integrated;

WHEREAS, this City-Wide Public Safety Equipment Project can be exempted
from City bidding requirements because: (1) specialized services
combined with equipment and products, in which the City acquires and
installs equipment but must also retain specialized services for
consulting on use, training, installing, maintaining, and servicing the
products (San Pablo Municipal Code section 3.16.110(B); and (2) sole
source agreements, given the unique software attributes discussed above
(San Pablo Municipal Code section 3.16.110(C);

WHEREAS, acquisition pursuant to the specialized services and equipment
exception and sole source justification are met because the goods and
services required to satisfy the agency's specific technological needs
and product integration are only manufactured and available for purchase
from ODIN Systems and the related software companies of Vigilant
Solutions, Savvux Technology Solutions, and Live Earth. ODIN is the sole
developer and vendor of the current design and wireless communication
system network currently in place in the City of San Pablo and a
consistent and integrated system is crucial to the successful deployment
and maintenance of the equipment and software. The San Pablo Police
Department has not been able to find another vendor to reliably deliver
a combination of equipment, software integration, and service platform;

WHEREAS, on November 7, 2017, the Public Safety Standing Committee
received a presentation on the City-Wide Public Safety Equipment Project
and software as well its implementation. The Committee voted to receive
the presentation and recommended this item be forwarded to the City
Council for approval;

WHEREAS, on February 27, 2018, the Budget, Fiscal & Legislative Standing
Committee received a presentation on the costs and financing of the
City-Wide Public Safety Equipment Project. The Committee voted to
receive the presentation and recommended this item be forwarded to the
City Council for approval;

WHEREAS, on March 19, 2018, during the City Council meeting, the
community raised concerns with the City-Wide Public Safety Equipment
Project as it related to public safety, privacy and data sharing with
federal immigration enforcement agencies;

WHEREAS, on March 26, 2018, Police Administration met with the local
Chair of the ACLU Berkeley/North East Bay Chapter and shared an overview
of the technology currently in place in the City of San Pablo and the
positive impact to overall community safety. The ACLU representative had
an opportunity to provide input and feedback regarding the direction of
the project;

WHEREAS, on April 4, 2018, the Chief of Police presented a public safety
strategic overview to the local San Pablo Rotary Club. This presentation
outlined the benefits and success of the Police Department's public
safety strategy to include: Progressive Training, Technology, and
Community Policing. This presentation also included an overview of the
City-Wide Public Safety Equipment enhancement project with additional
ALPR and situational awareness cameras. During this meeting, members had
an opportunity to provide feedback and input on the direction of the
project;

WHEREAS, on April 11, 2018, the San Pablo Police Department held a
public community workshop surrounding the Public Safety Equipment
Project and proposed expansion, which was advertised in English and
Spanish. Police Administration presented the positive impact on crime
reduction with the technology strategies. A team of Vigilant executive
staff attended and presented relating to their commitment to ensuring
the public safety and outlining their security measures to prevent
unauthorized data sharing;

WHEREAS, City staff had high-level discussions with Vigilant Solutions,
a Northern California based company, about the concern of local
jurisdictions regarding immigration issues and compliance with
California Senate Bill 54.    The President and Vice President of the
company will be signing the Agreement with the liquidated damages
provision to reinforce that Vigilant understands the ramifications of
this issue and will not be sharing any San Pablo PD data without the
consent of San Pablo PD;

WHEREAS, staff is requesting the City Council authorize the City Manager
to enter into contract with ODIN Systems for City-Wide Public Safety
Equipment system to include: design, purchase, install, maintain,
implement, integrate, testing and warranty at a cost not to exceed
$2,491,335;

WHEREAS, staff is requesting the City Council authorize the City Manager
to enter into software licensing agreements related to the City-Wide
Public Safety Equipment Project;

WHEREAS, staff is requesting the City Council authorize the City Manager
to enter into contract with ODIN Systems for the ongoing maintenance of
the City-Wide Public Safety Equipment system at an annual cost not to
exceed $150,000 with four one-year options to extend at the City's
discretion and if budgeted for a total contract cost not to exceed
$750,000;

WHEREAS, staff concluded financing the City-wide Public Safety Equipment
Project through a four-year lease at a cost of $2,608,530 provided
benefits as the City could utilize the full capacity of the system with
new hardware and software installed and integrated within the first year
of the project. This option is preferential over funding the project in
installments annually as the system would be integrated in increments
with delayed benefits;

WHEREAS, staff is also requesting the City Council authorize the City
Manager to execute a four-year lease agreement with Fleetwood Leasing
LLC for Fiscal Years 2018/19 through FY 2020/21 for the City-wide Public
Safety Equipment Project, at a total not to exceed cost of $2,608,530;

WHEREAS, the first year of the lease financing agreement will be paid in
the amount of $1,000,000 with funding appropriated under the General
Fund Designated Reserve. Subsequent annual payments of $536,177 will be
paid in fiscal years 2018/19, 2019/20, 2020/21, with funds appropriated
from General Fund Designated Reserve if available and after approval by
the City Council; and

WHEREAS, the financed cost plus the annual maintenance costs put the
total value of the contract at $3,358,530.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Pablo hereby:

1.  Authorizes the City Manager to enter into an agreement for
    professional services with Odin Systems for the design, purchase,
    installation, implementation, integration and testing of an
    enhancement to the City-Wide Public Safety Equipment Project to
    include up to 56 ALPR cameras and 60 situational awareness cameras
    and converting current 3M Cameras to Vigilant at a cost not to
    exceed $2,491,335;

2\. Determines that a true and very real need exists for the acquisition
of the City-Wide Public Safety Equipment described on Exhibit A in the
Government Obligation Contract dated as of March 20, 2018 between the
City and Fleetwood Finance Leasing LLC ("Contract"), which is attached
and incorporated as Exhibit A to this Resolution; and that the Contract,
substantially in the form presented to the City Council, is in the best
interests of the City for the acquisition of the City-wide Public Safety
Equipment; and the City Council hereby approves the entering into of the
Contract by the City and authorizes Matt Rodriguez, City Manager to
execute the four-year lease financing Contract with a first year cost of
$1,000,000 and four subsequent annual payments of $536,177 totaling a
not-to-exceed amount of $2,608,530 for Fiscal Years 2018/19 through FY
2020/21 for the City-Wide Public Safety Equipment Project in
substantially the same form presented; and authorizes the City Manager
or designee to execute any related documents, including any Escrow
Agreement, necessary to the consummation of the transaction as
contemplated by the Contract;

3\. Authorizes the appropriation of $1,000,000 from the FY 2017/18 GFDR
earmarks for IT Systems Maintenance, Replacement, CAD/RMS, Surveillance
Cameras (Resolution 2018-032) into the Police Department's FY 2017/18
budget to fund the first year cost of the project
(100-2110-43600-ODI-VIG);

4\. Authorizes the first year of the lease financing Contract will be
paid in the amount of $1,000,000 in funding appropriated from the
General Fund Designated Reserve;

5\. Authorizes the City Manager to enter into an agreement for
professional services with ODIN Systems for the ongoing maintenance of
the City-Wide Public Safety Equipment system, at an annual cost not to
exceed $150,000 and to authorize the City Manager to execute up to four
one-year options to extend the maintenance agreement at the City's sole
discretion and contingent upon City Council appropriation of adequate
funding in the applicable fiscal year, for a total cost not to exceed
$750,000;

6\. Authorizes the City Manager to enter into software licensing
agreements related to the City-Wide Public Safety Equipment Project;

7\. Authorizes the City Manager to make modifications to the equipment
and services described above, if needed, as long as within the
authorized budget for the project; and

8\. Authorizes the City Manager to procure additional insurance
coverage, including property/casualty coverage for the equipment and
rental interruption insurance.

\ \ \ \ \ \

Adopted this 16th day of April, 2018, by the following vote:

AYES: COUNCILMEMBERS: Valdez, Cruz, Kinney and Morris

NOES: COUNCILMEMBERS: None

ABSENT: COUNCILMEMBERS: Calloway

ABSTAIN: COUNCILMEMBERS: None

ATTEST: APPROVED:

/s/ Lehny M. Corbin /s/ Paul V. Morris

Lehny M. Corbin, Deputy City Clerk Paul V. Morris, Vice Mayor