For City Council Meeting September 24, 2024
TO: Honorable Mayor and City Council
FROM: G. Michael Milhiser, Interim City Manager
AUTHOR: Mark P. Kling, Chief of Police
Title
Request City Council to 1) Approve the Purchase of Upgraded Digital Analysis Hardware, an Annual Upgrade, and Annual Software Subscription in the Amount of $120,534.95 with Cellebrite, Inc.; and 2) Authorize the Acting City Manager or his Designee to Execute all Documents.
Body
RECOMMENDATION
Staff recommends that the City Council:
1) Approve the purchase of upgraded digital analysis hardware, an annual upgrade and annual software subscription in the amount of $120,534.95 with Cellebrite, Inc.; and
2) Authorize the Interim City Manager, or his designee, to execute all documents.
BACKGROUND
The Police Department currently relies on Cellebrite for the recovery, decoding, and analysis of digital evidence from mobile devices. Cellebrite is a leading provider of digital forensic extraction and analysis tools tailored for law enforcement. To effectively identify and present evidence of criminal activity during investigations and prosecutions, capturing and analyzing digital data from mobile devices is essential. However, as security measures on mobile devices continue to evolve, it has become crucial to upgrade our Cellebrite subscription to maintain our ability to access and analyze this data effectively.
On July 25, 2023, the council approved the acquisition of upgraded digital analysis hardware and an annual software subscription from Cellebrite, Inc. To ensure that investigators remain adept at collecting digital evidence, the department must stay current with ongoing technological advancements. Consequently, it is essential to upgrade the annual subscription to Cellebrite's platforms, which now include features and technology not available in previous versions.
ANALYSIS/DISCUSSION
The Rialto Police Department is experiencing an increased amount of digital evidence during investigations and currently does not have sufficient tools to unlock, extract all available data, nor analyze many of these devices. As of today, RPD is collecting a multitude of mobile devices, laptops, iOS devices, and more that are deemed possible points of evidence. However, without the proper tools within the Department, RPD is not able to collect all potential evidence from these devices at a crime scene nor throughout the investigation process. Investigators are forced to request assistance from San Bernardino County Sheriff’s Department and other neighboring agencies to extract evidence from our devices. Because Rialto’s devices are not their priority, the wait time has been months before these requests are fulfilled, causing an increase to the amount of time it takes to complete investigations. The inability to access critical data in a timely manner has interfered with evidence collection and subsequent prosecution of criminal offenders.
With advancements in technology, the current Cellebrite subscription has become limited in its extraction and analysis capabilities, and the hardware extraction devices are now outdated and no longer serviceable. Upgrading to the proposed Cellebrite subscription will provide significant cost and time savings. This new subscription will enable lawful unlocking, decryption, and extraction of crucial digital evidence from a broad array of iOS and Android devices. Investigators will gain access to essential data such as GPS history, photos, videos, social media content, instant messages, texts, and even deleted cloud-based information. Furthermore, the upgraded subscription includes comprehensive training to certify employees as court-qualified Cellebrite users.
Without upgrading our current Cellebrite Inc. package, investigators will face substantial challenges in digital evidence collection. Limited access to evidence is like attempting to understand a book with most of its pages missing. To reconstruct the full picture, investigators need the capability to gather all available evidence comprehensively that will ultimately lead to successful prosecution of law violators.
In light of the critical need for advanced digital evidence processing tools, staff requests the City Council's approval for the proposed upgrade to the Cellebrite subscription and hardware. The Rialto Police Department's current limitations in accessing and analyzing digital evidence have significantly impacted the efficiency and effectiveness of our investigations. By investing in the upgraded Cellebrite platform, the Department will gain essential capabilities for unlocking, decrypting, and extracting data from a wide range of digital devices, which is crucial for timely and comprehensive evidence collection. This enhancement not only results in substantial cost and time savings but also ensures that our investigators are equipped with the latest technology and training necessary for high-quality forensic analysis. Approving this upgrade will directly contribute to improving the speed and accuracy of our investigations, ultimately supporting better outcomes in the prosecution of criminal offenders and ensuring justice for our community.
In April 2023, our staff collaborated with the City’s Purchasing Division and confirmed that this purchase aligns with Rialto Municipal Code 2.48.280, which permits sole source procurement by the city. There has been no changes in this sole source vendor, nor has any other vendor made technological advances to compete with Cellebrite.
ENVIRONMENTAL IMPACT
The proposed action does not meet the definition of a project as defined by Section 15378 California Environmental Quality Act (CEQA). A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and excludes the following:
1) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making, and
2) Organizational or administrative activities of governments that will not result in direct or in direct physical changes in the environment.
GENERAL PLAN CONSISTENCY
The City of Rialto has outlined key goals and objects relating to public safety. The purchase of this technology is in consistence with meeting these objectives.
Goal 5-8: Provide effective and comprehensive policing services that meet the safety needs of Rialto.
LEGAL REVIEW
The City Attorney's Office has reviewed the staff report.
FINANCIAL IMPACT
Operating Budget Impact
Funding in the amount of $120,534.95, is available in Police Department Information Technology Account Number 10106151 52021, for the hardware, annual upgrade and renewal subscription with Cellebrite, Inc.
Per Rialto Municipal Code Section: 2.48.145 a vendor disclosure form is attached.
Capital Improvement Budget Impact
This staff report does not impact the Capital Improvement Budget.
Licensing
This action does not trigger a requirement for a business license.