PREPARED BY: Cpt. B. Bubar DATE OF MEETING: 06/01/20
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING (1) ACCEPTANCE AND APPROPRIATION OF $46,867 IN FUNDS ANTICIPATED TO BE RECEIVED FROM THE BUREAU OF JUSTICE (BJA) FY-20 CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM; (2) AUTHORIZING THE PURCHASE OF AN AIR SUPPORT PROGRAM AT A COST OF $83,737 FOR ENHANCED PUBLIC SAFETY DRONE RESPONSE; AND (3) A WAIVER OF FORMAL BID REQUIREMENTS AND APPROVAL TO ENTER INTO A CUSTOMER AGREEMENT WITH IMPOSSIBLE AEROSPACE CORPORATION 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 amended May 18, 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.
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.
Drone Program
On August 5, 2019 the City Council approved Resolution #2019-123 authorizing the appropriation of $125,000 from fund balance in the Supplemental Law Enforcement Services Grant Fund (210-0000-00000) to the Police Department capital projects account (100-2110-46300) to purchase three US-1 Impossible Aerospace drones and to support further development of infrastructure for a comprehensive drone program. The Resolution included a waiver of formal bidding requirements under San Pablo Municipal Code 3.16.110. Staff subsequently acquired, received training, and deployed the US-1 Drone operationally beginning in December 2019, primarily for tactical operations.
Impossible Aerospace Air Support Program
Currently the SPPD Drone Team has the training and equipment to support primarily tactical operations, such as supporting SWAT deployments. Based on current systems, there is limited capability for rapid efficient field deployment for critical patrol response. The purposed purchase is for equipment, training, and software from Impossible Aerospace in the form of the Air Support Program. Air Support is a complete turn-key unmanned airborne policing and first response system. It enables officers to send high performance drones from rooftops or other mobile command centers within seconds of a priority call for service, such as a shooting or traffic accident, and to provide immediate video intelligence that can be distributed real-time to responding officers. The program includes IT connectivity support, camera systems, routine maintenance, additional FAA certifications, training and program support.
Mobile System
The key benefit of the Air Support Program is the aircraft are ready to fly at a moment’s notice. As part of the Air Support Program, a mobile command center will be outfitted to deploy from varying locations. A mobile command center can be parked in the field for immediate response to critical incidents or search and rescue missions. The existing asset of the mobile trailer owned by SPPD, primarily used for traffic operations, will be outfitted to function as a fully self-contained flight operations center with power, connectivity, monitors and communication.
Coronavirus First Responder Response
Once implemented and deployed, the objectives and goals of the Air Support Program will align with safety protocols for first responder response during the ongoing COVID-19 pandemic. Drone response integrated into Patrol operations will provide an air support resource to mitigate potentially unnecessary risk exposures for our community and staff. Officers would be able to access information from a scene within seconds to better prepare for the appropriate response while immediately identifying victims, suspects, and hazards.
Public Safety Technology Development Community Meeting
On June 20, 2019, the Office of the Police Chief facilitated a community information meeting on the success of current technology systems and a possible drone program. This included a complete overview of the proposed drone program with Impossible Aerospace. Impossible Aerospace CEO Spencer Gore was present and highlighted the US-1 drone to the community, and staff from Public Works presented on potential drone uses for their projects. Staff answered questions and addressed concerns from the community. The meeting was well attended by the public and included members from the North East Bay Area Chapter of the ACLU (American Civil Liberties Union).
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 for diverse drone deployment. The Committee received the presentation and recommended to forward to City Council for formal consideration.
San Pablo Rotary
On March 11, 2020, the Office of the Chief presented an update on the SPPD Drone Program, including a demonstration of the Impossible US-1 drone in flight and conceptual integrated patrol response as included in the Air Support program. The SPPD Drone Team received positive feedback in support of the program and future plans for enhancement.
Homeless Outreach
The Police Department has explored different uses of drones in an effort to provide outreach during the Coronavirus pandemic. On April 17, 2020, the SPPD Drone Team deployed a US-1 drone outfitted with a prototype speaker system to broadcast a message of resource and assistance for our population suffering from homelessness. The drones were deployed to remote areas throughout the city which would otherwise by challenging to access by staff due to possible exposure risks. There are plans for future outreach operations to connect those individuals in need of assistance with appropriate resources.
Waiver of Formal Bid Requirements
Staff recommends that the procurement of services from Impossible Aerospace with the Air Support Program 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 a drone solution capable of the extended battery life is only developed and available for purchase from Impossible Aerospace, who is the sole developer and vendor of the proprietary US-1 drone and the Air Support Program. The San Pablo Police Department has not been able to find another vendor to reliably deliver a similar product with technology to meet the agency’s specific operational needs.
The recommended Customer Agreement with Impossible Aerospace Corporation is attached.
FISCAL IMPACT
Upon approval, $46,867 will be accepted from the Department of Justice (DOJ) Bureau of Justice (BJA) Coronavirus Emergency Supplemental Funding (CESF) Program and appropriated to the Police Department professional services account (100-2110-43600). These funds will be combined with $63,648 previously appropriated from the Supplemental Law Enforcement Services Grant Fund (210) to the Police Department professional services account (100-2110-43600) to fund the Air Support Program through Impossible Aerospace at a cost of $83,737. The remaining $26,778 of appropriated SLESF funds will be used for further communication and digital storage solutions for drone program infrastructure.
|
From Account |
Amount |
To Account |
Amount |
|
100-2110-33405 |
$46,867 |
100-2110-43600 |
$46,867 |