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APPROVE FINDINGS AND AWARD PURCHASING CONTRACT TO PEN-LINK, LTD. IN AN AMOUNT NOT TO EXCEED $172,800
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RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to award a purchasing contract with Pen-Link, Ltd. for six additional software licenses and maintenance, in an amount not to exceed $172,800; and
2. Approve findings pursuant to the Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
3. It is further recommended that the City Manager is hereby authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
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Summary
The Pen-Link, Ltd. (Pen-Link) equipment in the Stockton Police Department’s (SPD) Investigations and Communications room was purchased and installed in 2011 with an analog system connected to a switchboard. In 2018, SPD updated the system from analog to a digital on-premise turnkey solution. The complexity and duration of long-term investigations have increased rapidly, creating a need to expand the system capacity by activating additional communications lines via software licenses. SPD is currently in a one-year agreement for maintenance on its existing lines, which ends May 31, 2021. Staff recommends Council approve findings to support an exception to the competitive bidding process for the purchase of six additional licenses and five years of maintenance, in an amount not to exceed $172,800 (Attachment A).
DISCUSSION
Background
Law enforcement agencies use communication equipment as an investigative tool. Based on federal and state laws regulating the use of this type of investigative tool, the cases where it is used are major criminal investigations, including narcotics sales, human trafficking, gang-related violent offenses, and homicides. Using this technology to assist in major investigations has led to the arrest and conviction of violent offenders. The responsible parties to these crimes would most likely not face criminal charges if it were not for the use of these investigative techniques.
In 2011, SPD purchased analog equipment from Pen-Link and installed it in the Investigations and Communications room. At the time, analog was the latest version of communications equipment. In 2017, the equipment reached the end of its useful life as technology improvements over the six-year span rendered it obsolete. In researching replacement options, SPD discovered that modern systems were digital, which allow for an extensive amount of data collection compared to analog. SPD requested quotes to upgrade to a digital system. Responses were received from JSI Telecom and Pen-Link, the only two companies that provide this type of equipment and connectivity. Pen-Link was selected as it had the lower cost and offered features JSI Telecom did not.
Pen-Link is the leader in Investigations and Communications room software and hardware equipment. The California Department of Justice (DOJ) also uses Pen-Link’s hardware and software for its law enforcement operations. SPD routinely partners with DOJ on operations in which DOJ assists with additional personnel, funding, and equipment. This specific partnership helps as a force multiplier to SPD and saves the City money. Having both DOJ and SPD using the same hardware and software significantly improves efficiency and coordination.
Pen-Link is the only company that offers equipment that SPD staff is trained on, is compatible with local partner agencies who assist with data collection and evaluation, and provides maintenance. The system has the capability to intercept phone calls, text messages, and social media websites at the same time, which is critical to complete thorough police investigations. In addition, Pen-Link is the only company that has the capability to merge phone, social media, and GPS data onto one screen for ease of viewing. JSI Telecom does not have that capability, requiring more time to review the various data fields investigators use during the operation.
Present Situation
In 2018, SPD installed the Pen-Link digital system to equip the Investigations and Communications room with computer workstations, software, three communications lines, and a dedicated server for evidence storage, which is necessary to maintain chain of custody for all court-related evidence. Each line requires a software license. The system is configured with additional lines available to activate by purchasing licenses.
SPD uses the system to conduct long-term investigations. During these investigations, staff is limited to the amount of phone and social media lines available to monitor. These investigations are complex and evolve rapidly. Frequently, these investigations expand, requiring the use of additional lines to monitor additional targets of the investigation. To maintain the integrity of the investigation on these occasions, staff has to quickly contact Pen-Link to rent additional licenses, resulting in extra costs. As technology continues to advance, targets are using more social media platforms to communicate with each other. This requires additional licenses to monitor various social media accounts. By activating six more licenses, SPD will be better able to conduct long-term in-house investigations, without the added rental costs and time delays associated with acquiring rental licenses.
Findings
Pursuant to Stockton Municipal Code Section 3.68.070, Council may approve findings that support an exception to the competitive bidding process. The exceptions apply here for the following reasons:
1. Pen-Link is the leader in Investigations and Communications room software and hardware equipment.
2. SPD has used Pen-Link hardware and software since 2011. As a result, staff is extensively trained in how to operate the system.
3. Pen-Link is compatible with local and federal partner agencies that assist with data collection and evaluation, additional personnel, funding, and equipment.
4. The Pen-Link system currently installed is configured to quickly activate additional lines via the purchase of software licenses.
5. Pen-Link is the only company that can provide support and maintenance on all active lines.
FINANCIAL SUMMARY
The total cost of the purchasing contract is $172,800. Funding is available from the 2019 Justice Assistance Grant (JAG) grant allocation and will have no fiscal impact on the General Fund. Sufficient funds were budgeted in FY 2020-21 Police Department Grants and Special Programs 2019 Federal JAG Account No. 025-2474-530. Future maintenance costs will be incorporated into the Police Department’s Annual Budget request.
Attachment A - Pen-Link, Ltd. Agreement