PREPARED BY: Cpt. B. Bubar DATE OF MEETING: 09/21/20
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING (1) APPROPRIATION OF $179,592 IN FUNDS PREVIOUSLY APPROVED TO FUND DRONE PROGRAM; (2) PURCHASE OF EQUIPMENT, TRAINING, AND INFRASTRUCTURE FOR THE NIGHTINGALE DRONE SYSTEM FOR ENHANCED PUBLIC SAFETY DRONE RESPONSE AT A COST OF $146,225 AND EXECUTION OF AN AGREEMENT WITH NIGHTINGALE; AND (3) A WAIVER OF FORMAL BID REQUIREMENTS AND APPROVAL TO ENTER INTO A CUSTOMER AGREEMENT WITH NIGHTINGALE FOR THE PURCHASE
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
Diversify Revenue Stream, Community Policing, and Strengthen Technological Infrastructure are adopted policy items under the FY 2019-21 City Council Priority Work Plan, as last amended on September 8, 2020.
CEQA Compliance Statement
This proposed action is not a project under CEQA pursuant to Guidelines Section 15378(b)(2): Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making.
BACKGROUND
Funding Sources
The Department of Justice (DOJ) Bureau of Justice (BJA) allocated the Coronavirus Emergency Supplemental Funding (CESF) Program to provide funding to assist eligible states, local units of government, and tribes in preventing, preparing for, and responding to COVID-19. The City of San Pablo was awarded $46,867 for an enhanced drone program to support COVID-19 response by police officers. On June 1, 2020, the City Council adopted resolution #2020-063 authorizing the acceptance and appropriation of $46,867 in funds from the Bureau of Justice (BFA) FY-20 Coronavirus Emergency Supplemental Funding Program. The City Council also approved the purchase of the Air Support Program with Impossible Aerospace which would have provided an enhanced public safety drone response.
The Supplemental Law Enforcement Services Grant (SLESF) is a mandated grant as defined by Government Code 30061(b)(3)(i) wherein the County remits at minimum $100,000 annually to be spent on frontline law enforcement. Grant revenues have accumulated and are available for appropriation. On February 18, 2020, the City Council approved Resolution #2020-023 for the appropriation of $63,648 from SLESF funding source for enhancements to the drone program infrastructure. These funds remain available.
On August 5, 2019, the City Council adopted Resolution #2019-123, approving the San Pablo Police Department’s use of drones and the purchase of three Impossible Aerospace US-1 drones at a cost of $76,881 for equipment and training. The funding source was from the Supplemental Law Enforcement Services Grant (SLESF). The San Pablo Police Department subsequently deployed and has utilized the Impossible drones in conjunction with tactical and outreach operations beginning in November 2019.
On February 18, 2020, the City Council adopted Resolution #2020-023, approving the appropriation of $63,648 from SLESF funding to support a buildout in creating access to the sally port rooftop; a photogrammetry application for the entire City; and upgrades and maintenance to drones and cameras.
Impossible Aerospace
In July 2020, Impossible Aerospace informed the San Pablo Police Department they would no longer be able to operate as a drone provider due to the unforeseen consequences of the COVID-19 pandemic. Subsequently, an amendment to the customer agreement with Impossible was executed to terminate that agreement (attached), and the City of San Pablo received a refund for equipment totaling $69,077 which has been accepted and deposited into the General Fund.
Nightingale Security
During the initial deployment with Impossible Aerospace, Nightingale Security was identified as a 3rd-party vendor to supply a base-station atop the Police Department’s sally-port, with the desired plan to integrate the US-1 drone unit for autonomous rooftop deployment, without delay, to respond to critical incidents. The base station has already been installed. However, the integration was not completed upon the closing of Impossible’s operations.
The San Pablo Police Department proposes to continue with enhanced public safety drone response through Nightingale Security at a cost of $146,225. The Nightingale Security drone solution offers proprietary technology and software advancements unique from any other drone developer:
• Patented Product: US Patent# 9,864,372 awarded to Nightingale Intelligent Systems for the invention of Automated Drone Systems.
• A/I capability: Machine learning algorithms run real-time on the drone to perform object recognition and anomaly detection while the drone is on the mission-enabling the system to get smarter as drones fly more missions.
• Edge Computing: All data gathered by Nightingale Systems is processed and stored behind customer’s firewall. This edge-based design ensures customer data is onsite and safe-unlike cloud-based solutions that are vulnerable to being hacked.
• Software: Patented Software developed by specialists from SpaceX, NASA and Willow Garage.
• Exemptions: FAA exemptions allowing both Night time and Multi-Drone operations.
• Flight Time: Significant operational flight time accumulated both in Test as well as in the field.
• Repair and Maintenance Services: Nightingale provides customers with post deployment repair and maintenance services making it a one stop shop for all drone system needs
The equipment and services procured through Nightingale Security will include:
• Two Portable Blackbird Drone Systems
• Photogrammetry (3D Mapping) of entire City of San Pablo
• Training
• Annual Maintenance and Repair
Note: One Nightingale base station has already been procured and installed through the previous agreement with Impossible. This means the SPPD Drone Program will have a fleet of three Nightingale drones (one fixed and two mobile).
The current flight time of the Nightingale Blackbird drone solution offers approximately 30-minutes. This is roughly half the flight time of the previously procured US-1 Impossible drone. However, the technology software of the Nightingale system compensates for reduced flight time as the system offers autonomous deployment and predesignated flight plans which makes the system more efficient.
FAA Certifications: Part-107 & COA
On July 24, 2019, the FAA awarded the San Pablo Police Department with a Certificate of Authorization (COA). The San Pablo Police Department is one of only two agencies in Contra Costa County to have been awarded a COA certificate. In addition, the San Pablo Police Department has seven certified pilots under the Part-107 certification. Upon completion of training requirements with the Nightingale Security drone, the Police Department will be adding the Nightingale Security equipment to the existing COA’s without interruption with the FAA.
ShotSpotter Integration
The City of San Pablo is one of only two Bay Area cities to have 100% coverage of ShotSpotter gunshot detection software. Subsequently, ShotSpotter has identified San Pablo to participate in the first of its kind pilot program for integrated drone response to gunshots within the City of San Pablo. This integration is further made possible with the proprietary technology of Nightingale as there is an autonomous component which allows pilots to preselect the safest most efficient routes to any given location in San Pablo.
Waiver of Formal Bid Requirements
Staff recommends that the procurement of services from Nightingale Security be exempted from City bidding requirements because: (1) the purchase involves 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) the unique software attributes discussed above support the use of sole source agreements (San Pablo Municipal Code section 3.16.110(C)).
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).
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 operational needs in rapid deployment patrol response with an autonomous drone solution is only developed and available for purchase from Nightingale Security, which is the sole developer and vendor of the proprietary Blackbird Nightingale drone. The San Pablo Police Department has not been able to find another vendor to reliably deliver a similar product with the technology to meet the Department’s specific operational needs, particularly with Impossible no longer providing such equipment and support.
Agreement
The City and Nightingale negotiated an agreement (attached) that does provide for some indemnification by Nightingale; although, limited to the insurance coverage carried by Nightingale. There is also a limited warranty; although, the Department is also purchasing an annual maintenance and support service.
Public Safety Standing Committee
On February 11, 2020, the Office of the Chief presented an update on the SPPD Drone Program to the 2020 Public Safety Standing Committee (Mayor Cruz and Councilmember Xavier), including enhanced features of deploying from PD rooftop utilizing the Nightingale Security base station solution. The Committee received the presentation and recommended to forward to City Council for formal consideration.
On September 2, 2020, the Office of the Chief presented another update on the SPPD Drone Program to the 2020 Public Safety Standing Committee (Mayor Cruz and Councilmember Xavier), to include the updated plan and progress with Nightingale Security. The Committee received the presentation and recommended moving it forward to City Council for formal consideration.
FISCAL IMPACT
Total cost of the Nightingale contract is $146,225, with total funding requested at $179,592; the $33,367 difference will be spent on additional drone infrastructure. All funding for this project has previously been approved and appropriated by City Council. New funding is proposed as follows:
• Currently, the Police Department holds Purchase Order #1221 for $83,737.50 with Impossible Aerospace Group. Staff requests that the purchase order be cancelled, thus allowing funds to flow back to General Fund fund balance for re-appropriation to the Nightingale project.
• On February 18, 2020, City Council approved Resolution 2020-023 appropriating $63,648 in SLESF funding for drone infrastructure. However, a balance of $26,777 was left unspent and was absorbed back into General Fund fund balance at fiscal year-end. Use of these funds, however, is restricted by the grantor and must be spent on enhancing police services, including equipment. Staff requests that the $26,777 balance of SLESF funding be re-appropriated from fund balance in the General Fund to the Nightingale project.
• On August 10, 2020 the Police Department received a refund of $69,077 from Impossible Aerospace for the unfinished drone project, which was deposited into the General Fund. The original source of this funding was a BJA grant; staff requests this funding be re-appropriated back to the Police Department to fund the project. Staff has already confirmed with BJA that this grant funding is transferable to Nightingale as the new vendor.
Funding would be recorded as follows:
|
Transaction |
Funding Source |
Amount |
From Account |
To Account |
|
Appropriate |
GF Fund Balance; cancelled purchase order |
83,738 |
100-0000-00000 |
100-2110-43600 |
|
Appropriate |
GF Fund Balance; originally from SLESF Fund 210 |
26,777 |
100-0000-00000 |
100-2110-43600 |
|
Appropriate |
GF Fund Balance; originally from BJA grant funding |
69,077 |
100-0000-00000 |
100-2110-43600 |
|
|
Total Funding: |
179,592 |
|
|