TITLE
Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with Mallory Safety and Supply, LLC, of Longview, WA, for Automated License Plate Recognition (ALPR) system equipment, on the same terms and conditions afforded to the County of Fairfax, VA, in total amount not to exceed $1,208,372, until the County of Fairfax, VA, contract expires on September 30, 2023, with the option to renew for as long as the County of Fairfax contract is in effect, at the discretion of the City Manager. (Citywide)
DISCUSSION
City Council approval is requested to enter into a contract with Mallory Safety and Supply, LLC (Mallory Safety), for the purchase and delivering of Automated License Plate Recognition (ALPR) system equipment. The technology will be used to recover stolen vehicles and identify wanted vehicles involving murder, kidnapping, robbery, and other types of investigations. The Long Beach Police Department (LBPD) initially purchased Vigilant Solutions’ ALPR system in 2017 to replace 3M mobile ALPR hardware that had been in use since the inception of ALPR technology in the Department. The current request will upgrade the Vigilant Solutions equipment purchased in 2017. The UASI grant funds approved for LBPD are intended to prepare the Department to address increased safety concerns related to the 2028 Olympics to be hosted in Los Angeles and Long Beach areas.
LBPD researched procurement options for public safety emergency preparedness equipment and related services, and discovered other agencies had completed open, fair, transparent, and competitive procurement processes. The City of Long Beach (City) reviewed the contract options and determined that the contract between the County of Fairfax, VA, with Mallory Safety provided the best value to the City.
Mallory Safety was selected based on their competitive pricing, service level, and breadth of product offerings. Mallory Safety partnered with Vigilant Solutions, a leader in the ALPR technology. Vigilant Solutions software is capable of ingesting information from other ALPR companies with their proprietary Law Enforcement Archival and Reporting Network (LEARN). They provide unlimited access to commercially collected license plate data, a mobile phone app, hosted data storage and sharing with other law enforcement agencies, software updates, and analytical and statistical tools. Most importantly, Vigilant Solutions exceeds current guidelines of the Criminal Justice Information Systems (CJIS) standards which sets data security requirements for all government agencies and private entities handling criminal justice data.
The Urban Areas Security Initiative (UASI) grant program provides financial assistance to address the unique multidisciplinary planning, operations, equipment, training, and exercise needs of high-threat, high-density urban areas. It also assists in building and sustaining capabilities to prevent, protect against, respond to, and recover from threats or acts of terrorism. The UASI 2020 grant program will fund this effective investigative tool as part of the grant awarded to the City on May 4, 2021.
Technology Use and Data Privacy
As with all police systems, LBPD is committed to ensuring technology is utilized in an ethical, lawful, and responsible manner. LBPD has a firm policy and oversight mechanisms in place to protect the community’s personal information and civil liberties. Only personnel trained in the use of the ALPR system, including its privacy and civil liberties protections, are authorized to access the system, and possible detection leads must be corroborated through additional official law enforcement sources. Lastly, LBPD’s policy includes periodic audits and prohibits the dissemination of data for non-law enforcement purposes, including the monitoring of activities protected by the First Amendment to the Constitution.
California Senate Bill (SB) 54 and Long Beach Values Act
In accordance with California Senate Bill (SB) 54 and the City’s Values Act, LBPD does not share ALPR data with agencies involved in federal immigration enforcement such as Immigration and Customs Enforcement (ICE). In June 2021, LBPD stopped sharing ALPR data with out of state and federal agencies. Additionally, LBPD implemented new agreements for sharing ALPR detection data and hotlists within Vigilant. Law enforcement agencies may only have access to LBPD’S ALPR data when they intend to comply with SB 54 and sign onto a Memorandum of Understanding agreeing to do so.
While Vigilant Solutions technology allows for sharing capabilities with other law enforcement agencies, LBPD does not allow any sharing of outside agency data without supervisor approval and a review of the request to ensure that the sharing of this information is not for immigration enforcement. This practice is being codified in the newest draft of the department’s policy.
The Department continues to build upon its current policy. Most recently, the ALPR policy was reviewed by the Community Advisory Committee. During these meetings, the Committee identified areas where the present policy could be adjusted to better allay concerns of ALPR use. The policy is currently being updated to reflect recommendations from the Community Advisory Committee and best practices research.
City Charter Section 1802 provides an alternative procurement method by permitting the City to purchase or otherwise obtain services, supplies, materials, equipment, and labor with other governmental agencies. This alternative procurement method can save time and reduce costs through economies of scale by purchasing under existing contracts from other government agencies on a voluntary and selective basis, when authorized by a Resolution adopted by the City Council.
This matter was reviewed by Deputy City Attorney Arturo D. Sanchez on January 4, 2023, Purchasing Agent Michelle Wilson on December 21, 2022, and by Budget Management Officer Nader Kaamoush on December 29, 2022.
TIMING CONSIDERATIONS
City Council action to adopt a Resolution and award a contract concurrently is requested on February 7, 2023, to ensure the contract is in place expeditiously.
FISCAL IMPACT
The total amount of the contract will not exceed $1,208,372. The contract costs will be offset by UASI 2020 grant funding that is currently budgeted in the General Grants Fund Group in the Police Department. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no local job impact associated with this recommendation.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
WALLY HEBEISH
CHIEF OF POLICE
APPROVED:
THOMAS B. MODICA
CITY MANAGER