Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  25-000336

 

MEETING DATE:

08/12/25

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Sheriff-Coroner   (Approved)

Department contact person(s):

Brian Wayt (714) 647-1803 

 

 

Dave Fontneau (714) 704-7919

 

 

Subject:  Approve Amendment Number Three to the Axon Enterprise Inc. Contract

 

     ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost:  See Financial Impact Section

Annual Cost: See Financial Impact Section

 

 

 

    Staffing Impact:

No

# of Positions:           

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:    GF: 20%, State: 34% (BSCC Organized Retail Theft (ORT) Prevention Grant), Other: 46% (Contract Partners)

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         8/8/2023 #12, 7/27/2021 #17, 9/15/2020 #21

 

RECOMMENDED ACTION(S):

 

Authorize the County Procurement Officer or Deputized designee to execute Amendment Number Three to add Additional Articles, Sections 24 through 15, and Attachment G – Certification Regarding Anti-Lobbying, regarding Federal Grant Funds, to amend Attachment A, Scope of Work and Attachment B, Compensation and Pricing Provisions to add FUSUS software in an amount of $3,020,972 for a new not to exceed amount of $44,302,107 to the contract with Axon Enterprise Inc. for Body Worn Cameras, Related Equipment, Warranties and Software.

 

 

 

 

SUMMARY:

 

Approval of Amendment Number Three to the contract with Axon Enterprise Inc. will allow the Sheriff-Coroner Department to purchase FUSUS Software and Related Equipment, Warranties and Software which offers a platform allowing the monitoring of video feeds from both public and privately owned sources in one place in real time.

 

 

 

 

BACKGROUND INFORMATION:

 

The Sheriff-Coroner Department (Sheriff) uses FUSUS Software for a video and data collaboration platform to expedite intelligence gathering and efficiency of response to situations as they unfold throughout the County in real-time. The platform is tied to a community-facing website portal for surveillance camera registry, providing a tool for identifying the location of cameras in proximity to incidents as well as a means for efficient outreach to collect recorded video and image files from public and private camera owners with their permission. FUSUS integrates into all existing video and data sources currently in use by Sheriff to establish a world-class unified intelligence and emergency response platform known as the Real-Crime Center. This will ensure effective information transfer within Sheriff and other law enforcement agencies to improve the safety and efficiency of response for public safety officials such as Law Enforcement agencies, OC Fire, Healthcare, to critical incidents as they unfold throughout the County.

 

The County first acquired the FUSUS Software on March 3, 2023, with the administrative approval of the MA-060-23010167 with SHI International Corp. for a not to exceed amount of $250,000. Please see Attachment B. Based on subsequent amendments, this contract was extended through September 28, 2025.

 

The FUSUS Software was acquired by Axon Enterprise Inc. (Axon). Sheriff identified a cooperative contract through the Sourcewell cooperative contract program with Axon. The Sourcewell cooperative contract was established as the result of a competitive public solicitation and contract award process. Cooperative purchasing programs leverage the power of combined purchasing volume resulting in cost savings to its members. Sheriff negotiated further discounts on pricing with Axon that resulted in an additional four percent of cost savings on the cooperative contract’s pricing. The use of the Sourcewell cooperative contract program is consistent with Section 4.7, Cooperative Purchasing, of the County’s 2021 Contract Policy Manual. Additionally, the contract includes non-standard indemnification and limitation of liability language which was reviewed and approved by Risk Management.

 

The table below shows the recent contract history with Axon:

 

Board of Supervisors (Board) Approved

 

Amendment

 Number or

Contract

 

 

 

Contract Term

 

 

Contract

Amount

 

 

 

Comments

9/15/20

n/a

n/a

n/a

On September 15, 2020, the Board approved a request from Sheriff to add 12 positions for the creation of the Media Analysis Bureau, with the responsibility of administering the Body Worn Camera program and managing all facets of digital multimedia collected including classification, cataloging, redacting and preserving the chain-of-custody of digital evidence.

 

7/27/21

Contract

7/27/21 - 7/26/26

$12,728,078

Contract was executed pursuant to Contract Policy Manual Section 3.3. Axon provided Sheriff with the Axon Unlimited Body Camera Bundle, which included the main components of a digital evidence management solution. It includes the primary hardware components of 1,051 Axon Body 3 Cameras and 335 Fleet 3 Cameras, software components of Axon Evidence Licenses, Training and Support, alongside the necessary warranties and upgrades for a five-year term. 

8/8/23

One

7/27/21 - 7/31/33

$28,553,057

Board approved amendment number one to increase the contract by $28,553,057 for a new cumulative not to exceed amount of $41,281,135, Taser 10, Unmanned Ariel Vehicles, Interview Room Cameras, Fleet 3 In Car Video, Related Equipment, Warranties and Software were added the Sourcewell cooperative contract with Axon on April 5, 2023, and to extend the term by seven years.

n/a

Two

N/A

$0

Amendment number two to add Axon Standards was approved administratively. Amendment issued pursuant to the terms of the original contract First amendment with Axon.

 

Sheriff now requests approval of Amendment Number Three to add Additional Articles, Sections 24 through 15, and Attachment G – Certification Regarding Anti-Lobbying, regarding Federal Grant Funds, to amend Attachment A, Scope of Work and Attachment B, Compensation and Pricing Provisions to add FUSUS software in the amount of $3,020,972, for a new cumulative amount of $44,302,107, as noted in the recommended action. The Organized Retail Theft Grant will be covering $1,030,000 of the FUSUS cost. In an effort to avoid or mitigate a price increase, the Sheriff secured a long-term fixed pricing based on the previous FUSUS pricing model with SHI International Corp. The Sheriff also increased the number of video streams to 10,000 in proposed Amendment Number Three.

This contract does not currently include subcontractors or pass through to other providers. See Attachment C for the Contract Summary Form. The Orange County Preference Policy is not applicable to this amendment which is issued against a cooperative agreement. Contractor performance has been deemed at least satisfactory.

 

 

 

FINANCIAL IMPACT:

 

Appropriations and Revenue for this contract are included in the Sheriff-Coroner's Budget Control 060 FY 2025-26 Budget and will be included in the budgeting process for future years. Ongoing revenue from the BSCC Organized Retail Theft Prevention Grant and will offset expenditures for FY 2025-26 through FY 2027-28. In the event funding is reduced or terminated, the County may renegotiate the level of services and/or terminate the contract, as necessary.

 

 

FY

Amount

2025-26

$335,202

2026-27

$378,789

2027-28

$378,789

2028-29

$379,827

2029-30

$378,789

2030-31

$378,789

2031-32

$378,789

2032-33

$379,827

2033-34

$32,171

 

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Amendment Number Three to Contract MA-060-21011432
Attachment B – Contract Number MA-060-23010167 with SHI International and Subsequent Amendments
Attachment C - Contract Summary Form