HomeMy WebLinkAbout2021-06-08; City Council; ; Approval of an Agreement with Motorola Solutions and Day Wireless Systems for the Software Upgrades for the Encryption of Police Radios in an Amount Not to Exceed $252,14Meeting Date: June 8, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Cindy Anderson, Senior Management Analyst
cindy.anderson@carlsbadca.gov, 760-931-2170
Subject: Approval of an Agreement with Motorola Solutions and Day Wireless
Systems for the Software Upgrades for the Encryption of Police Radios in
an Amount Not to Exceed $252,142
District: All
Recommended Action
Adopt a resolution authorizing the approval of an agreement with Motorola Solutions and Day
Wireless Systems for the software upgrades for the encryption of police radios in an amount
not to exceed $252,142.
Executive Summary
The Police Department has a total of 254 mobile police radios that are not encrypted, which is
needed to broadcast secure information and monitor the broadcasts from other agencies in the
county. This encryption is consistent with the requirements of the Federal Bureau of
Investigation’s Criminal Justice Information Systems Security Policy.
The total cost to upgrade all police radios is $252,142, which includes the encryption software
and installations. There are sufficient funds in the police department’s fiscal year 2021-22
operating budget to cover the costs of this project.
This agreement requires the City Council’s approval because Chapter 3.28 of the Carlsbad
Municipal Code establishes the City Council as the awarding authority for the procurement of
services and professional service that will cost the city more than $100,000 per agreement year.
Discussion
The Police Department is equipped with Motorola Solutions’ APX portable and mobile radios
which are used to communicate between police officers, dispatchers and outside law
enforcement agencies over considerable distances. These radios are installed in police vehicles
and throughout the Police & Fire Headquarters and Safety Training Center. They are also
carried as handheld devices by police officers, community service officers and police rangers.
They are an absolutely vital part of communicating and safe policing.
The California Department of Justice released an information bulletin regarding the
transmission of confidential information accessible from the California Law Enforcement
Telecommunications Systems in October 2020. It said that transmissions of personally
June 8, 2021 Item #10 Page 1 of 14
identifiable information must sent be via encrypted radios or in a manner consistent with
established policy (Exhibit 2). According to the bulletin, this includes “information that can be
used to distinguish or trace an individual’s identity, such as an individual’s first name, or first
initial, and last name in combination with any one or more specific data elements.”
Because the Police Department’s radios are not all encrypted, we are currently limited in our
ability to transmit sensitive information over the radio and often rely on sending information
through the mobile data terminal, a mobile computer, or through telephone communications,
as allowable by department policy 811.5.1, Transmission Guidelines (Exhibit 3). Because of the
remote nature of police work, in which officers perform their duties in the community, often
away from their mobile data terminals or the ability to speak on a telephone, the need to
transmit private information via encrypted radios is an important capability in providing
professional police services.
Many law enforcement agencies in San Diego County began encrypting their radio systems in
2019 to be in compliance with the new FBI regulations. The San Diego Sheriff’s Department and
the Oceanside, San Diego and Chula Vista police departments all have encrypted radios.
Because the majority of the department’s radios are not encrypted, we are limited in our ability
to monitor these allied agencies’ radio channels, which reduces situational awareness for
officers in the field. Interagency communication through the police radio system is especially
essential during calls that require mutual aid, such as pursuits, fires and active-shooter
scenarios, as well as notifications of wanted persons in the area or “be-on-the-lookout” notices.
The Police Department is currently contracted with Day Wireless Systems to manage and install
all components of our radio communication system. Day Wireless is the largest vendor for
Motorola products in the United States, and Motorola manufactures the APX Project 25 radios
that are used by all agencies in the county. Day Wireless is also contracted with the San Diego
Radio Communications System. A clause of that contract gives the city the right to use the same
pricing reached under the competitive bidding for that contract, which is allowed under Section
3.28.100 of the Carlsbad Municipal Code.
Options
Staff provides the following options for the City Council’s considerations:
1. Adopt a resolution authorizing the approval of an agreement with Motorola Solutions
and Day Wireless Systems for the software upgrades for the encryption of police radios
in an amount not to exceed $252,142
Pros
• The Police Department will be in compliance with new FBI privacy regulations
• The department will be able to transmit private information over the radio
• All portable and mobile radios at the Police Department will have the capability
to monitor the radio broadcasts from allied agencies in the county
Cons
• None identified
June 8, 2021 Item #10 Page 2 of 14
2. Do not adopt a resolution authorizing the approval of an agreement with Motorola
Solutions and Day Wireless Systems for the software upgrades for the encryption of
police radios.
Pros
• None identified
Cons
• The Police Department will not be in compliance with new FBI privacy
regulations
• The department will not be able to transmit sensitive information over the radio
and must continue to rely on messaging through mobile data terminals and cell
phones to relay sensitive information
• The department will have 254 radios that will not be able to monitor the
frequencies of several allied agencies in the county
Staff recommend the first option, to adopt a resolution authorizing the approval of an
agreement with Motorola Solutions and Day Wireless Systems for the software upgrades for
the encryption of police radios in an amount not to exceed $252,142.
Fiscal Analysis
The cost of the encryption software for 254 radios is $233,092 and the cost of installation of the
software is $19,050, for a total cost of $252,142. This quote includes a 50% discount if the
purchase is made by June 30, 2021, because other agencies within the county will also be
upgrading their systems in the near future. There are sufficient funds in the Police
Department’s FY 2020-21 operating budget to cover the costs of the project.
Next Steps
The city manager will execute the agreement and two purchase orders will be created for
Motorola Solutions, Inc. in the amount of $233,092 and Day Wireless Systems, Inc. in the
amount of $19,050. The vendor will then begin the process of installing the encryption software
on 254 police radios.
Environmental Evaluation (CEQA)
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under Public Resources Code section 21065 in that it has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and therefore does not require environmental review.
Public Notification and Outreach
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council resolution
2. California Department of Justice Criminal Justice Information Systems information bulletin
No. 20-09-CJIS
3. Carlsbad Police Department Policy 811.5.1
4. Quote from Motorola Solutions
5. Quote from Day Wireless Systems
June 8, 2021 Item #10 Page 3 of 14
RESOLUTION NO. 2021431
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT WITH MOTOROLA SOLUTIONS
AND DAY WIRELESS SYSTEMS FOR THE SOFTWARE UPGRADES FOR THE
ENCRYPTION OF POLICE RADIOS IN AN AMOUNT NOT TO EXCEED $252,142
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the
public's interest to upgrade the police department's police radios with the installation of an encryption
software; and
WHEREAS, the police department has a total of 254 portable and mobile police radios that do
not have encryption capability; and
WHEREAS, the encryption is consistent with the Federal Bureau of Investigations (FBI) Criminal
Justice Information Systems (CJIS) Security Policy; and
WHEREAS, without the encryption capab.ility, police employees are unable to monitor
broadcasts from other police agencies in the county; and
WHEREAS, the cost to purchase the encryption software and install them includes a 50%
discount if purchased by June 30, 2021; and
WHEREAS, the city will exercise the right to utilize the piggyback clause of the competitively
bud solicitation made available through Motorola Solutions' contract with the San Diego Radio
Communications System; and
WHEREAS, the police department has sufficient funds in its FY 2020-21 operating budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the total cost of the project will not exceed $252,142 and there are sufficient funds
in the police department's FY 2020-21 operating budget to cover the costs.
June 8, 2021 Item #10 Page 4 of 14
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 8th day of June, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
Arviec'firrItalla,vc,t)
BARBARA ENGLESON, City Clerk
(SEAL)
June 8, 2021 Item #10 Page 5 of 14
EXHIBIT 2
June 8, 2021 Item #10 Page 6 of 14
June 8, 2021 Item #10 Page 7 of 14
Policy
811
Carlsbad Police Department
Carlsbad PD Policy Manual
Copyright Lexipol, LLC 2021/03/19, All Rights Reserved.
Published with permission by Carlsbad Police Department Protected Information - 1
Protected Information
811.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the access, transmission, release and
security of protected information by members of the Carlsbad Police Department. This policy
addresses the protected information that is used in the day-to-day operation of the Department
and not the public records information covered in the Records Maintenance and Release Policy.
811.2 AUTHORITY
This policy is established pursuant to the mandate of the Regulations Regarding Security of
Criminal Offender Record Information in California, Title 11, California Code of Regulations. Other
authority includes Penal Code § 11105, which delineates who has access to Criminal Offender
Record Information (CORI), and Penal Code §§ 11140 through 11144, which establishes penalties
for the improper use of rap sheets.
811.3 RESPONSIBILITIES
The Chief of Police shall select a member of the Department to coordinate the use of protected
information.
The responsibilities of this position include, but are not limited to:
(a) Ensuring member compliance with this policy and with requirements applicable to
protected information, including requirements for the National Crime Information
Center (NCIC) system, National Law Enforcement Telecommunications System
(NLETS), Department of Motor Vehicle (DMV) records and California Law
Enforcement Telecommunications System (CLETS).
(b) Developing, disseminating and maintaining procedures that adopt or comply with the
U.S. Department of Justice’s current Criminal Justice Information Services (CJIS)
Security Policy.
(c) Developing, disseminating and maintaining any other procedures necessary to comply
with any other requirements for the access, use, dissemination, release and security
of protected information.
(d) Developing procedures to ensure training and certification requirements are met.
(e) Resolving specific questions that arise regarding authorized recipients of protected
information.
(f) Ensuring security practices and procedures are in place to comply with requirements
applicable to protected information.
811.4 ACCESS TO PROTECTED INFORMATION
Protected information shall not be accessed in violation of any law, order, regulation, user
agreement, Carlsbad Police Department policy or training. Only those members who have
completed applicable training and met any applicable requirements, such as a background check,
EXHIBIT 3
June 8, 2021 Item #10 Page 8 of 14
Carlsbad Police Department
Carlsbad PD Policy Manual
Protected Information
Copyright Lexipol, LLC 2021/03/19, All Rights Reserved.
Published with permission by Carlsbad Police Department Protected Information - 2
may access protected information, and only when the member has a legitimate work-related
reason for such access.
Unauthorized access, including access for other than a legitimate work-related purpose, is
prohibited and may subject a member to administrative action pursuant to the Personnel
Complaints Policy and/or criminal prosecution.
811.4.1 CRIMINAL RECORD SECURITY OFFICER
The Records Manager is the designated Criminal Record Security Officer for the Carlsbad Police
Department. This supervisor is responsible for ensuring compliance with this procedure and with
applicable records security regulations and requirements imposed by federal and state law. The
Criminal Record Security Officer will resolve specific questions that arise regarding authorized
recipients of CORI.
811.4.2 RELEASE OF CORI
Only the persons listed below are authorized to release CORI. Each authorized person releasing
CORI is responsible to ensure that each request granted appears legitimate and that the requester
is an authorized recipient with a right and need to know.
(a) Criminal Records Security Officer
(b) Records Manager
(c) Full-time employees of the Records Division
(d) Personnel specifically designated in writing by Division Commanders with the
concurrence of the Criminal Records Security Officer
811.4.3 RELEASE OF CORI TO FIELD PERSONNEL
Personnel shall not have access to CORI until a background investigation has been completed
and approved.
811.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION
Protected information may be released only to authorized recipients who have both a right to know
and a need to know.
A member who is asked to release protected information that should not be released should refer
the requesting person to a supervisor or to the Records Manager for information regarding a formal
request.
Unless otherwise ordered or when an investigation would be jeopardized, protected information
maintained by the Department may generally be shared with authorized persons from other law
enforcement agencies who are assisting in the investigation or conducting a related investigation.
Any such information should be released through the Records Division to ensure proper
documentation of the release (see the Records Maintenance and Release Policy).
June 8, 2021 Item #10 Page 9 of 14
Carlsbad Police Department
Carlsbad PD Policy Manual
Protected Information
Copyright Lexipol, LLC 2021/03/19, All Rights Reserved.
Published with permission by Carlsbad Police Department Protected Information - 3
811.5.1 TRANSMISSION GUIDELINES
Protected information, such as restricted Criminal Justice Information (CJI), which includes
Criminal History Record Information (CHRI), should not be transmitted via unencrypted radio.
When circumstances reasonably indicate that the immediate safety of officers, other department
members, or the public is at risk, only summary information may be transmitted.
In cases where the transmission of protected information, such as Personally Identifiable
Information, is necessary to accomplish a legitimate law enforcement purpose, and utilization of
an encrypted radio channel is infeasible, a MDT or department-issued cellular telephone should
be utilized when practicable. If neither are available, unencrypted radio transmissions shall be
subject to the following:
•Elements of protected information should be broken up into multiple transmissions,
to minimally separate an individual’s combined last name and any identifying number
associated with the individual, from either first name or first initial.
•Additional information regarding the individual, including date of birth, home address,
or physical descriptors, should be relayed in separate transmissions.
Nothing in this policy is intended to prohibit broadcasting warrant information.
811.6 SECURITY OF PROTECTED INFORMATION
The Chief of Police will select a member of the Department to oversee the security of protected
information.
The responsibilities of this position include, but are not limited to:
(a)Developing and maintaining security practices, procedures and training.
(b)Ensuring federal and state compliance with the CJIS Security Policy and the
requirements of any state or local criminal history records systems.
(c)Establishing procedures to provide for the preparation, prevention, detection, analysis
and containment of security incidents including computer attacks.
(d)Tracking, documenting and reporting all breach of security incidents to the Chief of
Police and appropriate authorities.
811.7 TRAINING
All members authorized to access or release protected information shall complete a training
program that complies with any protected information system requirements and identifies
authorized access and use of protected information, as well as its proper handling and
dissemination.
811.7.1 COMPUTER TERMINAL SECURITY
No employee shall be authorized to operate computer terminal equipment with access to CORI
until the operator has completed the appropriate training.
June 8, 2021 Item #10 Page 10 of 14
Carlsbad Police Department
Carlsbad PD Policy Manual
Protected Information
Copyright Lexipol, LLC 2021/03/19, All Rights Reserved.
Published with permission by Carlsbad Police Department Protected Information - 4
811.7.2 DESTRUCTION OF CORI
When any document providing CORI has served the purpose for which it was obtained, it shall
be destroyed by shredding.
Each employee shall be responsible for destroying the CORI documents they receive.
811.7.3 CUSTODIAN OF CRIMINAL RECORDS
The Records Manager, unless otherwise directed by the Administration Division Commander,
shall be the Department's official Custodian of Criminal Records. The Custodian of Criminal
Records shall be responsible for the security, storage, dissemination and destruction of criminal
records, and will serve as a primary contact for the California Department of Justice for any related
issues. The Administration Division Commander may appoint other department employees to the
role of Custodian of Criminal Records, who will share the same responsibilities regarding criminal
records.
The Administration will ensure that he/she makes the appropriate applications and notifications
to the California Department of Justice regarding the Department's Custodian of Criminal Record
appointments, per the requirements of Penal Code § 11102.2.
This subsection is not intended to interfere with any other employee acting as a custodian of
records for other statutory purposes but is narrowly tailored to address issues of criminal history
records.
811.8 TRAINING PROGRAM
All personnel authorized to process or release CORI shall be required to complete a training
program prescribed by the Criminal Record Security Officer. The Training Bureau shall coordinate
the course to provide training in the proper use, control, and dissemination of CORI.
811.9 PENALTIES FOR MISUSE OF RECORDS
Penal Code §§ 11140 and 11144 make it a misdemeanor to furnish, buy, receive, or possess
Department of Justice rap sheets without authorization by a court, statute, or case law.
Title 11, California Administrative Code § 702 provides that authorized persons or agencies
violating the Regulations Regarding the Security of Criminal Offender Record Information in
California may lose direct access to CORI maintained by the California Department of Justice.
Divulging the content of any criminal record to anyone other than authorized personnel is a
violation of Policy Manual § 340.3.7(a).
Employees who obtain, or attempt to obtain, information from the department files other than that
to which they are entitled in accordance with their official duties is a violation of Policy Manual
§ 340.3.7(a).
June 8, 2021 Item #10 Page 11 of 14
Carlsbad Police Department
Carlsbad PD Policy Manual
Protected Information
Copyright Lexipol, LLC 2021/03/19, All Rights Reserved.
Published with permission by Carlsbad Police Department Protected Information - 5
811.10 CALIFORNIA RELIGIOUS FREEDOM ACT
Members shall not release personal information from any agency database for the purpose of
investigation or enforcement of any program compiling data on individuals based on religious
belief, practice, affiliation, national origin or ethnicity (Government Code § 8310.3).
811.11 AUDITS
The Records Manager will review the list of CLETS users Bi-Annually to ensure separated
personnel no longer have access to criminal history information.
June 8, 2021 Item #10 Page 12 of 14
APX RADIO UPGRADES
QUOTE TO:Carlsbad PD - Jessica Field 760-931-2215
PREPARED BY: Andy Grimm 858-864-3660 agrimm@daywireless.com
DATE:April 27, 2021
Quote Valid through June 30, 2021 Quote # QU0000777111AG
*Line #Qty Item Description
Total Extended
Price
1 1 T7665 HAVE TDMA & SMARTZONE, OTAP IN APX6000 PORTABLE $0.00 APX6000 $0.00
1A 136 H869CC ENH: MULTIKEY (Needed for AES & DES Encryption)$380.00 $51,680.00
Model # 800MHz, MODEL 3.5
Flashcode
2 1 T7698 HAVE TDMA & OTAP IN APX6500 MOBILE RADIO $0.00 APX6500 $0.00
2A 105 W969BL ENH: MULTIKEY (Needed for AES & DES Encryption)$380.00 $39,900.00
Model # 800MHZ, APX6500
Flashcode
3 1 T7656 HAVE TDMA & OTAP IN APX7500 MOBILE RADIO $0.00 APX7500 $0.00
3A 11 W969BJ ENH: MULTIKEY (Needed for AES & DES Encryption)$380.00 $4,180.00
Model # 800MHZ, APX7500
Flashcode
4 1 T8426 HAVE TDMA & OTAP IN APX8500 MOBILE RADIO $0.00 APX8500 $0.00
4A 2 W969BJ ENH: MULTIKEY (Needed for AES & DES Encryption)$380.00 $760.00
Model # 800MHZ, APX8500
Flashcode
3 3 T7936 APX MACE ENCRYPTION UPGRADE CD $57.50 $172.50
3A 254 CA00182AR ADD: AES ENCRYPTION SOFTWARE $633.00 $160,782.00
4 3 T7936 APX MACE ENCRYPTION UPGRADE CD $57.50 $172.50
4A 254 CA00840AK ADD: DES,DES-XL,DES-OFB $689.00 $175,006.00
$432,653.00
$216,326.50
$16,765.30
$233,091.80
$233,091.80
7.75% Tax on Equipment
Total Equipment and Tax
Discounted Pricing from San Diego County RCS Contract # 553982. Shipping is included at No Charge. PO's must be made out to Motorola Solutions, INC (not Day
Wireless).
Order Total (Equipment, Tax, Labor)
Special 50% Discount, Must
Order by 6/30/21
List PricePart Number
SOFTWARE UPGRADES for APX RADIOS
Total Equipment:
KVL4000 SERIAL # 201CTT0387
Page 1 EXHIBIT 4June 8, 2021 Item #10 Page 13 of 14
Date 04/28/2021
Quotation#QO13652
Bill To
Carlsbad, City of- Police Dept
2560 Orion Way
Attn: Patrol CSO
Carlsbad CA 92010-7240
United States
Ship To
Carlsbad, City of- Police Dept
2560 Orion Way
Attn: Patrol CSO
Carlsbad CA 92010-7240
United States
2001-San Diego
8300 Juniper Creek Lane Suite 100
San Diego CA 92126
United States
Expires 05/28/2021
Terms NET 30-GOV
Representative Andrew Grimm
Direct Phone (858) 864-3660
E-Mail agrimm@daywireless.com
Shop Phone (858) 537-0709
Contact Jessica Field
Contact Phone (760) 931-2215
Item#
2001 INSTALLA...
Quantity
1
Description
2001 INSTALLATION LABOR - Install Multikey Flash upgrades
into APX radios. Then load AES/DES Encryption Software into
portable & mobile radios using KVL Keyloader. Track, Log and
report new flashcodes & codeplugs for each model type back to
RCS. Total of 254 APX Radios to be upgraded.
Rate
19,050.00
Amount
19,050.00
Total $19,050.00
_______________________________________________________________________
LEGAL NAME OF PURCHASER P.O. NUMBER
_______________________________________________________________________
AUTHORIZED SIGNATURE DATE
ORDERS SUBJECT TO SHIPPING & HANDLING AND SALES TAX IF APPLICABLE - TERMS SUBJECT TO CREDIT REVIEW
THIS QUOTE IS SUBJECT TO REVIEW BY MANAGEMENT FOR COMPLETENESS AND ACCURACY
* Please reference Quotation # on correspondence and purchase orders. Prices firm for 30 days unless otherwise stated *
* $25 NSF Charge - 20% Restocking Fee - 1.5% Late Fee *
Exhibit 5
June 8, 2021 Item #10 Page 14 of 14