REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 23, 2026
FROM
TRACY REECE, Chief Probation Officer, Probation Department
SUBJECT
Title
Contract with Axon Enterprise, Inc. for a Drone Detection System
End
RECOMMENDATION(S)
Recommendation
1. Approve Contract with Axon Enterprise, Inc., including non-standard terms, for the provision of a drone detection system with related equipment, software, installation, and maintenance services, in an amount not to exceed $1,440,732 for the period of June 24, 2026 through June 23, 2031.
2. Approve the purchase of equipment associated with the drone detection system identified in Recommendation No. 1, as an unbudgeted fixed asset, in an amount not to exceed $456,860.
3. Authorize the Auditor-Controller/Treasurer/Tax Collector to post the necessary budget adjustments to Probation Department’s 2025-26 Budget, as detailed in the Financial Impact section (Four votes required).
(Presenter: Tracy Reece, Chief Probation Officer, 387-5692)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The total contract amount of $1,440,732 will be funded with available Proposition 172 revenue resulting from salary and benefit savings attributable to vacant positions within the Probation Department (Department) during 2025-26 fiscal year.
The contract includes the purchase and installation of a drone detection system, associated equipment, software licensing, and maintenance services for the period of June 24, 2026 through June 23, 2031. The equipment portion of the contract, totaling $456,860, is an unbudgeted fixed asset and requires budget authority in 2025-26.
The Department requests the Auditor-Controller/Treasurer/Tax Collector to post the following adjustments to the 2025-26 budget:
|
Fund Center |
Commitment Item/GL |
Description |
Action |
Amount |
|
4810001000 |
54404040 |
Equipment |
Increase |
$456,860 |
|
4810001000 |
52002115 |
Computer Software |
Increase |
$962,872 |
|
4810001000 |
52002400 |
Professional & Specialized Services |
Increase |
$21,000 |
|
4810001000 |
51001000 |
Operating Expenditures Salaries |
Decrease |
$1,440,732 |
BACKGROUND INFORMATION
The Contract with Axon Enterprise, Inc. (Axon) will provide for the implementation of a drone detection system at the Department’s youth detention facilities as a critical security measure designed to safeguard the well-being of youth in custody, staff and the surrounding community. The rapid growth of commercial and consumer drone technology, also known as Unmanned Aircraft Systems (UAS), has introduced new and evolving risks to secure facilities related to contraband delivery and unauthorized surveillance.
A particular concern is the increasing use of drones to introduce contraband, including cell phones, weapons, and drugs into secure facilities. Fentanyl poses an especially significant threat due to its extreme potency, where even minimal exposure can result in serious injury or death. The introduction of this type of substance into the youth detention facilities poses significant risks, including overdose, medical emergencies, and increased violence among detainees.
This will be the Department’s first deployment of a drone detection system at its youth detention facilities and represents a proactive investment in facility security and contraband interdiction efforts.
The Department is responsible for maintaining a safe, secure and structured environment within its juvenile detention facilities. Security breaches facilitated by drones can undermine facility operations, contribute to increased disciplinary incidents, and disrupt rehabilitative efforts. The deployment of a drone detection system will enhance situational awareness, reduce the likelihood of contraband introduction, and support staff in maintaining a secure environment conducive to supervision and rehabilitation. Funding for this project supports the Department’s primary mandate to provide rehabilitation services at a safe and secure juvenile detention facility for both staff and youth.
The Contract incorporates Axon’s Master Services and Purchasing Agreement (MSPA), which is Axon’s standard commercial contract. The Contract, including the MSPA, includes terms that differ from the standard County contract as follows:
1. The Contract does not require Axon to meet the County’s insurance standards as required pursuant to County Policies 11-05, 11-07 and 11-07SP.
• The County policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department as set forth in County policy and in the County standard contract.
• Potential Impact: The County has no assurance that Axon will be financially responsible for claims that may arise under the Contract, which could result in expenses to the County that exceed the total Contract amount.
2. Axon’s cumulative liability to the County is limited to the purchase price paid to Axon for the device, or if for services, the amount paid for such services over the 12 months preceding the claim. Neither party will be liable for special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.
• The County standard contract does not include a limitation of liability.
• Potential Impact: Claims could exceed the liability cap and the Contract amount leaving the County financially liable for the excess.
3. There is no termination for convenience. The County may only terminate the Contract for cause or if there are insufficient funds.
• The County standard contract gives the County the right to terminate the contract, for any reason, with a 30-day written notice of termination without any obligation other than to pay amounts for services rendered and expenses reasonably incurred prior to the effective date of termination.
• Potential Impact: The County can only terminate the agreement during the term for an uncured breach by Axon or insufficient funds. Any attempted termination by County without cause could result in payment liability for the full Agreement amount, which could result in payment liability where no funds are available due to lack of allocation or loss of funding.
4. There is no provision in the Contract addressing each party’s responsibility for paying attorneys’ fees.
• The County standard contract requires each party to bear its own costs and attorney fees, regardless of who is the prevailing party.
• Potential Impact: If either party institutes any legal proceedings related to the Contract, the prevailing party may be entitled to recover reasonable attorneys’ fees, which could exceed the total Contract amount.
5. The Contract does not require Axon to indemnify the County, as required by County Policies 11-05, 11-07.
• The County policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department as set forth in County policy and in the County standard contract.
• Potential Impact: The County has no assurance that Axon will be financially responsible for claims that may arise under the Contract, which could result in expenses to the County that exceed the total Contract amount.
While these are notable exceptions to the County’s standard contract language, the Department recommends approval of Recommendations No. 1 and 2 to allow for the provision of a drone detection system that will strengthen facility security and help mitigate emerging threats associated with unauthorized drone activity.
Approval of Recommendation No. 3 will authorize the Auditor-Controller/Treasurer/Tax Collector to post the necessary budget adjustments to fund the contract and associated costs.
PROCUREMENT
The County Administrative Office approved and authorized the release of Request for Proposal (RFP) No. PROB26-PROB-6362 with the Purchasing Department (Purchasing) on March 30, 2026, to solicit proposals from interested and qualified agencies to provide a drone detection system. The RFP was posted to the County’s Electronic Procurement Network (ePro) for 15 days, and 84 registered vendors were notified via email notification.
One proposal was received from Axon Enterprise, Inc. located in Scottsdale, Arizona, by the established deadline in response to the RFP. The proposal met the minimum requirements and continued through the evaluation process.
An evaluation committee comprised of Department personnel reviewed the proposal based on technical review, qualifications and experiences, and cost and revenue. As a result, Axon was recommended for contract award, having demonstrated the ability to meet the needs of the County. An award letter was sent out on April 17, 2026. No protests were received within the allowable period.
Purchasing supports this competitive procurement based on the formal solicitation described above.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Maria Insixiengmay, Deputy County Counsel, 387-5455) on May 18, 2026; Risk Management (Stephanie Pacheco, Staff Analyst II, 386-9039) on May 21, 2026; Auditor-Controller/Treasurer/Tax Collector (Charlene Huang, Manager, 382-7022) on May 23, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2065) on May 27, 2026; and County Finance and Administration (Matthew Dalton, Administrative Analyst, 387-5005) on June 5, 2026.