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File #: 13375   
Type: Consent Status: Agenda Ready
File created: 12/8/2025 Department: District Attorney
On agenda: 12/16/2025 Final action:
Subject: Amendment to Agreement with Axon Enterprise, Inc. for a Body Worn Camera System and Software Subscription Upgrade to the Digital Evidence Management System
Attachments: 1. COV-DA-12-16-25-AMENDMENT TO CONTRACT WITH AXON, 2. R1-ATT-DA-12-16-25-AMENDMENT TO CONTRACT WITH AXON
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REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          December 16, 2025

 

FROM

JASON ANDERSON, District Attorney 

         

SUBJECT                      

Title                     

Amendment to Agreement with Axon Enterprise, Inc. for a Body Worn Camera System and Software Subscription Upgrade to the Digital Evidence Management System

End

 

RECOMMENDATION(S)

Recommendation

1.                     Approve Amendment No. 1 to Agreement No. 22-1000 with Axon Enterprise, Inc. for software licenses to a cloud-based Digital Evidence Management System, to purchase a body worn camera system and upgrade the subscription to add software tools within the Digital Evidence Management System, increasing the total agreement amount by $2,371,603, from $6,066,870 to $8,438,473 and extending the term by three years, for a total contract period of November 1, 2022 through December 31, 2035.

2.                     Authorize the Purchasing Agent to issue future change orders up to $10,000 and sign subsequent non-substantive amendments, subject to County Counsel review.

3.                     Direct the District Attorney to transmit any change orders and subsequent non-substantive amendments to the Clerk of the Board of Supervisors within 30 days of execution.

(Presenter: Michael Fermin, Chief Assistant District Attorney, 382-3662)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Provide for the Safety, Health and Social Service Needs of County Residents.

Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The current cost of Agreement No. 22-1000 (Agreement) with Axon Enterprise, Inc. (Axon) is $6,066,870. The amendment will cost an additional $2,371,603 for a total amended contract cost of $8,438,473. The annual cost for FY25-26 is $763,431 and will be funded by the District Attorney’s (Department) Public Safety Sales Tax (Proposition 172) ongoing allocation. The appropriation will be included in future recommended budgets.

 

BACKGROUND INFORMATION

The Department is the public prosecutor and has the mandated responsibility to prosecute crimes committed within San Bernardino County, including city jurisdictions, pursuant to Government Code 26500. As part of prosecuting cases, Department attorneys need to review digital evidence such as video files, police interviews with suspects and witnesses, police reports, 911 recordings, and other related digital and electronic files. In the past, attorneys had to request these records from law enforcement agencies, make copies of CDs and DVDs and provide these copies to the Public Defender’s office or other defense counsel (discovery). The Department needed a comprehensive repository to retain and centralize files for the purpose of retention and reevaluation. This need became critical due to Criminal Justice Reform efforts by California legislators which permitted re-litigation of all prior prosecuted cases. This includes but is not limited to motions pursuant to Penal Code section 1172.6, Penal Code section 745, and several others.

 

To meet these needs, on October 25, 2022 (Item No. 40), the Board approved 10-year Contract No. 22-1000 with Axon for 500 user software licenses to a cloud-based Digital Evidence Management System (DEMS) with unlimited storage for the period of November 1, 2022 through October 31, 2032. The DEMS facilitates receiving and sharing case-related files for the investigation and prosecution of crime. This system replaced the manual labor and paper files that the Department received and also created an efficient, electronic method to share files. Law enforcement agencies submit any digital materials (evidence) through the DEMS to the Department for review, further investigation, and prosecution. The Department shares files from the DEMS to the Public Defender or other defense counsel (discovery).

 

In addition, the DEMS provided software tools that enabled staff to review and process evidence more quickly. These tools include audit logs to record activity when files are uploaded to reduce or eliminate liability associated with claims of misplaced evidence, discovery not being provided to the defense in a timely manner, and tracks staff access and edits to the files. Other tools include standardizing various file formats for quick access to files, trimming content to facilitate faster review, adding time metrics to files, adding tags, blurring non-related demographic images, and transcriptions of recorded events. It also offers tools to clean up files for clarity and acuity.

 

The Department would like to amend the contract with Axon to add new software tools including Artificial Intelligence (AI) to review, analyze, and summarize evidence, adding timelines with transcripts of audio and video files, and instant navigation. The DEMS now provides native tools to retrieve cell phone data without needing to download and convert file formats or interface with other systems. The DEMS also provides AI search capability of the Department’s uploaded policy documents for targeted searches and quick access for inquiries. These tools enable faster review and incorporation of evidence into case files to determine next steps in investigation or charges to be filed.

 

In addition, the Department would like to implement the use of Axon’s body-worn camera system for specific circumstances. The system will further enhance public safety by enabling District Attorney Investigators (Investigators) to record events during investigations, joint operations, training, and other fieldwork. It is common for the general public to record events or activities that require law enforcement intervention. It would be helpful for Investigators to have their own recordings of events. The Department intends to limit the use of the cameras to job duties that require specific documentation such as serving search warrants, serving subpoenas, and during investigations of certain crimes due to the probability of encountering suspects or witnesses who are not friendly to law enforcement. The body-worn camera system is integrated with the DEMS and video footage will be uploaded to the DEMS and shared with defense counsel if required.

 

The amendment contains the following non-standard term:

 

1.                     The amendment increases the term by three years for a new total contract period of November 1, 2022 through December 31, 2035.

                     County Policy 11-04 requires that County contracts not exceed five years.

                     Potential Impact: Extending the contract term beyond five years may limit the County’s ability to procure new DEMS providers.

The amendment terms include Axon’s compliance with the FBI’s Criminal Justice Information System (CJIS) and the California Law Enforcement Telecommunication System protocols such as additional protective measures for the Department’s files, storage, and access within the United States by authorized users only, and protocols to limit damage in the event of a data breach. The Department will have continuous and unobstructed access to files, technical support 24 hours a day, and the ability to terminate for any reason with 180-day advance notice. The reason for the longer notice is that if the contract is terminated, the Department may need time and Axon’s assistance to transition the files (at no cost) to another vendor or to on-premise storage in a way that will minimize disruption to the Department’s operations.

 

Over the last nine years, the Department has implemented new technology, automated business processes, and increased communication with law and justice partners to aid the investigation and prosecution of crime for public safety. Since the COVID-19 pandemic, the Department has struggled with filling its vacant attorney positions. Due to heavy caseloads, it is critical that the Department continue to implement or expand the use of new technology and tools to assist staff.

 

County Policy 11-04 requires that non-competitive contracts in excess of $200,000 per year and exceeding a five-year term must be approved by the Board of Supervisors.

 

The Department requests approval of the contract amendment to upgrade the existing subscription software package and add the body-worn camera system. The request for a three-year extension to the contract is to ensure costs remain reasonable for the duration of the contract.

 

PROCUREMENT

Currently there are not any vendors who offer a CJIS-compliant digital evidence management system with this specific combination of unlimited cloud storage, sophisticated editing, transcription tools, and Artificial Intelligence to summarize evidence. These tools assist Department attorneys by enabling faster case preparation. Unlimited cloud storage enables the Department to consolidate all previously collected audio, video, photographs, and other digital evidence into a single, centralized repository for current use and retention.

 

The Department anticipates contracting for DEMS well into the foreseeable future given the increase of video and audio recordings of incidents, as encouraged by the California Legislature. Other law enforcement departments and agencies will eventually transition to the use of body-worn cameras, which will exponentially increase review and storage needs by the Department. The existing contract currently provides unlimited storage. It would take significant resources to transition to a new vendor, given the number of law enforcement agencies who partner with the Department.

 

Purchasing concurs with the non-competitive justification, as Axon is the sole provider offering this specific combination of services tailored to the needs of law enforcement agencies.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel, (Daniella Hernandez, Deputy County Counsel, 387-5455) on November 19, 2025; Purchasing (Jessica Barajas, Supervising Buyer, 387-2065) on November 20, 2025; and County Finance and Administration (Elias Duenas, Administrative Analyst, 387-4052) on December 1, 2025.