HomeMy WebLinkAbout06 - Automated Field Activity Software AgreementCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
April 27, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
Robert M. Luman, Chief of Police, 949 644 3701, RLuman @nbpd.org
Bill Hartford, Lieutenant, 949 644 3660, BHartford @nbpd.org
SUBJECT: APPROVAL OF .CONTRACT. BETWEEN THE NEWPORT BEACH
POLICE DEPARTMENT AND SPEEDTRACK, INC.
RECOMMENDATION:
Authorize the Mayor to execute a Licensing Agreement and Order Document between. the
Police Department and SpeedTrack, Inc.
DISCUSSION:
On January 26, 2010, the City Council authorized the waiver of Council Policy .F -5; and
authorized the Chief of Police or his designee and the City Attorney or his designee .to
negotiate a sole source contract with SpeedTrack, Inc., for the purchase, installation, and
maintenance of automated field activity software. The City Council further approved
Budget Amendment 10BA -029 increasing the expenditure appropriations in 1820 -8141,
Supplies Computer Software, by $85,000.
The SpeedTrack contract is for a three -year period. The initial payment, of $50,000
includes the set up and implementation of the system at a cost 6f.:$3,2,500; and the first
year's annual license fee, which is $17,500. Following the initial.year's payment,
SpeedTrack will be paid an annual license fee payment for the next two years of $17,500
each.
The SpeedTrack software solution will address the concerns of our patrol officers,
eliminate the redundancy of the current DFAR system, provide better accountability of the
field performance of officers, improve the. gathering of statistical data, expand. DFAR
storage capability, reduce the costs associated with timely manual searches, and afford
the management staff with accurate data concerning crime trends and the efforts made
by patrol officers to address those trends.
Fiscal Impact:
Budget Amendment 10BA -029 was approved by the City Council at the Council meeting
on January 26, 2010.
Authorization of SpeedTrack Contract
April 27, 2010
Page 2
Environmental Review:
The purchase of software from SpeedTrack, Inc., has been determined not to be a project
for purposes of the California Environmental Quality Act.
Prepared by: Submitted by:
Bill Hartford, Lieutenant Robert M. Luman
Support Services Division CHIEF OF POLICE
Attachments: SpeedTrack, Inc., Licensing Agreement
SpeedTrack, Inc., Order Document
Police Department Staff Report to City Council, dated January 26, 2010
d-
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
January 26, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
Robert M. Luman, Chief of Police, 949 644 3701, RLuman @nbpd.org
Bill Hartford, Lieutenant, 949 644 3660, BHartford @nbpd.org
SUBJECT: APPROVAL OF NEGOTIATED PURCHASE OF SOFTWARE FOR
AUTOMATED DAILY FIELD ACTIVITY REPORT FROM SPEEDTRACK,
INC.
RECOMMENDATION:
City Council authorize the waiver of Council Policy F -5, the adopted purchasing
guidelines, and authorize the Chief of Police or his designee and the City Attorney
or his designee to negotiate with the sole source vendor SpeedTrack, Inc., for the
purchase, installation, and maintenance of automated daily field activity reporting
software.
2. Approve a Budget Amendment (BA10 -000) increasing expenditure appropriations
in 1820 -8141, Supplies Computer Software, by $85,000.
DISCUSSION:
Background:
For the past several years, the Police Department has been exploring options concerning
the development of an automated Daily Field Activity Report (DFAR). Currently, patrol
officers are responsible for completing a DFAR following each duty shift. After the
completion of the DFAR, it is tracked and maintained as a record of the officer's activity.
The data contained in the DFAR is used by management to determine crime patterns,
employee productivity, and as a communication tool between the employee and their
supervisor. The DFAR, generated by the employee, can be hand written or completed on
a computer utilizing a program in File Maker Pro. The information captured and
maintained on the document is dependent on the amount of detail provided by the officer
and is seldom a complete record of all officer - generated activity. Manually producing the
form can reduce the amount of available time the officer has for field activities.
Current DFAR's are maintained in supervisors' files for several months and then stored in
large boxes. At the close of each month, supervisors are required to manually review
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Approval to Purchase Software for Daily Field Activity Report
January 26, 2010
Page 2
each officer's DFAR and complete a written recap of the officer's activities. If the
supervisor needs to retain information from a monthly recap or daily field activity report,
he must conduct a time consuming hand search to retrieve the data. Automation of
DFAR's would allow the Police Department to electronically capture all field activity
generated by all officers, provide a searchable database to effectively and efficiently
analyze data contained in the DFAR's, and increase productivity by eliminating the need
for officers to manually generate the record, thus increasing available field time.
Suggestions have been made by patrol officers requesting that the DFAR be generated
through the Police Department's Computer Automated Dispatch (CAD) and Records
Management Programs (RMS). After discussion with the Police Department's CAD and
RMS vendor, Northrop Grumman, members of the Police Department's Information
Technology Section determined that the current Northrop Grumman operating program,
Altaris, could not support an automated DFAR program. The alternative provided by
Northrop Grumman was the purchase of their latest RMS and CAD software package,
Command Point, which would cost the Police Department well over $500,000.
Due to the extensive cost of acquiring a new software system, a third -party solution was
sought. Members of the Department met with the staff of SpeedTrack, Inc., the
developers of Guided Information Access (GIA) software. GIA software acts as a search
engine utilizing the RMS and CAD databanks to generate data that provides analytical
information, which can be utilized for resource management, analysis of crime patterns
and trends, and the evaluation of policing strategies and tactics.
The GIA platform supports two SpeedTrack specific programs: the Criminal Information
Management System (CRIMes), which provides advanced crime analysts data to
management staff, detectives, and field officers; and the Employee Records
Management/Early Warning System (EWS), which affords a composite view of the
activities of field officers through the generation of an automated DFAR. Data obtained
through EWS would provide better accountability of patrol officers` field performance to
supervisors and management staff. The EWS will also provide a DFAR electronic
repository which would allow the Police Department to expand the number of DFAR(s)
currently stored.
GIA software is patented to SpeedTrack, Inc. They are the sole licensor of the software
and the only third -party solution available that provides a software system that meets the
needs of the Police Department.
SpeedTrack has proposed an initial payment of $50,000, which includes the set up and
implementation of the system at a cost of $32,500; and the first year's annual license fee,
which is $17,500. Following the initial year's payment, SpeedTrack has proposed an
annual license fee payment for the next two years of $17,500 each.
Approval to Purchase Software for Daily Field Activity Report
January 26, 2010
Page 3
The SpeedTrack software solution will address the concerns of our patrol officers,
eliminate the redundancy of the current DFAR system, provide better accountability of the
field performance of officers, improve the gathering of statistical data, expand DFAR
storage capability, reduce the costs associated with timely manual searches, and afford
the management staff with accurate data concerning crime trends and the efforts made
by patrol officers to address those trends.
Fiscal Impact:
Approve funding from the General Fund Unappropriated Reserve in the amount of
$85,000 for the installation, programming, and three -year licensing agreement for an
automated Daily Field Activities Report and crime analysis and investigative software.
Environmental. Review:
The purchase of software from SpeedTrack, Inc., has been determined not to be a project
for purposes of the California Environmental Quality Act.
Prepared by:
Bill Hartford, Lieutenant
Support Services Division
Submitted by:
Robert M. Luman
CHIEF OF POLICE
Attachments: SpeedTrack, Inc., Scope of Work
SpeedTrack, Inc., Quotation
Email from Miles Yano, CEO, SpeedTrack, Inc.
Approving Public Release of Scope of Work
Budget Amendment
a
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SOFTWARE DEVELOPMENT, IMPLEMENTATION
MAINTENANCE AND LICENSE AGREEMENT
WITH SPEEDTRACK, INC.
This Software Development, Maintenance and License Agreement (the "Agreement ")
is made as of 2010 by and between SpeedTrack, Inc., a California
corporation, with its principal place of business located at 4954 Sun Valley Road, Del
Mar, California, 92014, (corporate mailing address 19713 Yorba Linda Blvd. #197,
Yorba Linda, CA 92886) USA ( "SpeedTrack ") and City of Newport Beach, a municipal
corporation ( "Licensee ") (collectively the "Parties ").
1. Definitions. The following terms shall have the meanings assigned to them as
reflected below.
"Affiliate" means an entity controlled by, controlling, or under common control with
Licensee where control means the ownership or control, directly or indirectly, of more
than fifty percent (50 %) of all of the voting power of the shares (or other securities or
rights) entitled to vote for the election of directors or other governing authority, as of
the date of this Agreement or hereafter during the term of this Agreement.
"Documentation" means the user manuals and other documentation pertaining to the
Software that SpeedTrack delivers to Licensee.
"Order Document" means the document describing the software and /or the services
ordered by Licensee to be provided by SpeedTrack, as set forth in Attachment A
attached hereto.
"Software" means (i) the machine - readable object code version of the SpeedTrack
software specified in the applicable Order Document, including all corrections,
enhancements, and upgrades thereto that SpeedTrack provides to Licensee pursuant
to Section 11 below, (ii) the Documentation, and (iii) all copies of the foregoing.
"Specifications" means the specifications for the Software, as set forth in Attachment A
attached hereto.
2. License. Subject to all of the terms and conditions of this Agreement (including,
without limitation, Licensee's payment of the annual license fee specified in the Order
Document), SpeedTrack hereby grants to Licensee, and Licensee hereby accepts from
SpeedTrack, a non- exclusive, non - transferable and non - sublicensable license to (i)
install, execute, access, run and use the Software solely for Licensee's own internal
business operations as related to the searching, analysis and reporting of data
contained in Licensee's databases specified in the Order Document; (ii) install the
Software on a secondary server that can be used at any time if the primary server is
not operational or is otherwise experiencing problems; (iii) make a reasonable number
of other copies of the Software solely for non - productive archival purposes, so long as
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7
not more than one copy of the Software is in use at the same time; and (iv) make
copies of the Documentation as reasonably necessary to support use of the Software
by Licensee's authorized employees. Licensee shall not remove, alter, obscure or fail
to reproduce any copyright or other proprietary rights notices or legends contained in
or on the Software or Documentation or physical media thereof. Licensee
acknowledges and agrees that, except as otherwise agreed to by the parties in writing,
it has no right to receive, use or examine any source code or design documentation of
any portion of the Software. As between the parties, SpeedTrack retains all right, title
and interest in and to the Software, including all applicable intellectual property and
proprietary rights existing anywhere in the world, except as expressly and
unambiguously licensed herein, and SpeedTrack reserves all rights in the Software not
granted to Licensee hereunder.
3. Affiliate Use. Except as otherwise agreed to by the parties in writing, the license
granted to Licensee under this Agreement does not include any Licensee parent,
subsidiary or affiliated entity. Licensee may include one of more of its Affiliates under
this Agreement by entering into an additional Order Document specifying the terms of
SpeedTrack's license of the Software to such Affiliate(s) as mutually agreed upon by
the parties. Upon execution of such Order Document by both parties, such Affiliate(s)
shall be included within the license granted hereunder, provided that Licensee shall
ensure compliance by such Affiliate(s) with the terms of Sections 2, 4, 10, 15 and 17
and Licensee shall be liable to SpeedTrack for any violation by such Affiliate(s) of such
terms and conditions as if such violation had been committed by Licensee.
4. Restrictions. Except as permitted under Section 2 and this Section 4, Licensee
shall not (and shall not permit others to): (i) reverse engineer, decompile, disassemble
or otherwise attempt to discover or reconstruct the source code (or underlying ideas,
sequence, structure organization or algorithms) of any portion of the Software, or
attempt to do so, except to the limited extent the foregoing is expressly permitted by
applicable law, in which case Licensee must first notify SpeedTrack in writing and
,request interoperability information regarding the Software, (ii) modify, adapt, translate
or create or prepare derivative works of the Software or include the Software in any
other products or software, (iii) file any patent application claiming an improvement of
any of the concepts, inventions, processes, methods or functionality contained or
embodied in the Software, (iv) provide, rent, resell, lease or loan the Software to any
other person or entity or provide any information services to any other person or entity
through the use of the Software, whether in the form of a timesharing service, service
bureau or other information processing service, as a managed service provider, an
application service provider or in performing any consulting or training services, (v)
disseminate performance information or analysis relating to the Software (except if
required by law or lawful court order), or (vi) use the Software in hazardous
environments requiring fail -safe performance in which the failure of the Software could
lead to death, personal injury or environmental damage. Licensee shall not use a third
party to manage Licensee's computer network environment in which the Software is
installed without SpeedTrack's prior written consent, which will not be unreasonably
withheld. For clarity, the foregoing does not apply to any computer repair technicians
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SpeedTrack Software License Agreement. 04- 13- 10.npb rev. doc �1
used to repair the computer network environment. SpeedTrack acknowledges and
agrees that Licensee shall use the Software, in addition to other uses, to create reports
containing Licensee's data in connection with service to Licensee's customers. To the
extent that that any of Licensee's customers need to use the Software in order to
access, download, read, or work with any of the reports created by Licensee
containing such performance data, SpeedTrack hereby grants to such customers of
Licensee, at no charge to either Licensee or Licensee's customers, a limited license to
use the Software during the term of this Agreement to the extent necessary to so
access, download, read, or work with the reports.
5. Professional Services. SpeedTrack shall diligently perform all the services
described in the Scope of Services attached hereto as Attachment A (the "Professional
Services "). Time is of the essence in the performance of the Professional Services
under this Agreement and SpeedTrack shall perform the Professional Services in
accordance with the schedule included in Attachment A. The failure by SpeedTrack to
strictly adhere to the schedule may result in termination of this Agreement by Licensee.
The Software and the Professional Services shall be subject to acceptance testing by
Licensee to determine if the Software and Professional Services meet the
requirements of Licensee and shall not be deemed accepted until Licensee, provides
written notice of such acceptance to SpeedTrack. In the event Licensee rejects the
Software and Professional Services, then, upon written notice thereof, SpeedTrack
shall refund to Licensee any fees previously paid for the Software and Professional
Services and this Agreement shall terminate.
6. Assignment. Neither party may assign or transfer any of its rights or delegate any
of its obligations under this Agreement without the prior written consent of the other
party, such consent not to be unreasonably withheld, and any purported assignment,
transfer or delegation without such other party's consent shall be null and void and
deemed a material breach of this Agreement
7. Payment. SpeedTrack shall invoice Licensee in accordance with the Order
Document. Licensee shall pay all invoiced amounts in full within thirty (30) days from
the date of SpeedTrack's invoice. In the event that Licensee fails to pay any
undisputed amount when due, and such failure continues for thirty (30) days after
receipt of written notice from SpeedTrack specifying such failure, SpeedTrack may
charge a late fee equal to 1 % of the invoice amount per month, or if less, the maximum
rate permitted by law, such late fee to commence thirty (30) days after Licensee's
receipt of notice.
8. Taxes. As Licensee is a municipal entity and SpeedTrack is providing Licensee
professional services in the form of the development, implementation and maintenance
of specialized computer software, both Parties are of the belief that no taxes shall be
due to the State of California under the terms of this Agreement. However, in the
event there is a change in the governing laws or it is later determined that taxes are
due under this Agreement, it shall be Licensee's obligation to remit such taxes due to
the State of California under Licensee's Direct Payment Exemption permit number SR
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EAA 24- 089475 DP and Licensee will self- accrue any Use Tax obligation to the
California Board of Equalization in the amount then determined to be proper and due.
9. Termination. This Agreement is effective on the date of execution by SpeedTrack
and shall continue in effect for a period one (1) year and shall automatically renew for
successive one (1)year terms up to a maximum of 3 years, unless and until terminated
in accordance with this Section 9 or extended by written amendment agreed upon by
the Parties. This Agreement may be terminated (i) by mutual agreement of
SpeedTrack and Licensee, (ii) by Licensee, upon thirty (30) days prior written notice to
SpeedTrack, or (iii) by either party, if the other party or any of its Affiliates breaches
any material provision of this Agreement and fails to cure such breach within thirty (30)
days following receipt of notice thereof describing the breach. Upon any termination of
this Agreement, Licensee shall immediately cease all use of the Software and certify in
writing to SpeedTrack within thirty (30) days after termination that Licensee has
destroyed or returned to SpeedTrack such Software and all copies thereof. If
termination pursuant to either of clauses (i) or (ii) above occurs, SpeedTrack shall
refund to Licensee prorata, as of the date of termination, that portion of the unused
fees paid in advance. If termination pursuant to clause (iii) above occurs due to breach
by SpeedTrack, SpeedTrack shall refund to Licensee prorate, as of the date of
termination, that portion of the unused fees paid in advance. However, if termination
pursuant to clause (iii) above occurs due to breach by SpeedTrack and Licensee has
not paid any fees in advance, SpeedTrack shall receive compensation according to the
Milestone Payment level completed within the Milestone Payment Schedule in Section
8.1 of the Order Document on the date of such breach. Termination of this Agreement
shall not limit either party from pursuing any remedies available to it, including
injunctive relief, or relieve Licensee of its obligation to pay all amounts that have
accrued or have become payable by Licensee hereunder. The provisions of Sections
1, 4, 7, 8, 9, 10, 12, 13, 14, 15, 16, 18 and 21 will survive any termination of this
Agreement.
10. Export Prohibition. Licensee: (i) shall use the Software only in the United States
of America, (ii) shall not export the Software outside of the United States in any
manner whatsoever, or permit any person or entity to gain access to the Software in
violation of applicable US laws or regulations, and (iii) shall comply with all applicable
US laws and regulations.
11. Maintenance, Service and Support. Subject to Licensee's payment of the annual
license fees specified in the Order Document for the Software, SpeedTrack shall
provide the maintenance services listed below ( "Maintenance. Services ") to Licensee
during the term of this Agreement:
SpeedTrack shall make available to Licensee without charge all new versions and
releases of the Software, including Software corrections, enhancements and upgrades,
if and when SpeedTrack makes them generally available to licensees of the Software
as part of Maintenance Services for the Software.
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SpeedTrack shall use commercially reasonable efforts to respond to communications
from Licensee's Support Liaison (defined in Attachment B, attached hereto) that
request SpeedTrack's consultation on the operational /technical aspects of the
Software as set forth in Attachment B; provided that if agreed by the parties in writing
that such consultation with respect to the operations /technical aspects requested may
only be effective through on -site consultation, then such consultation shall be
performed on -site at Licensee's facilities and shall be charged at SpeedTrack's hourly
rate as set forth in the Service Order.
Except as agreed by the parties above, SpeedTrack shall provide Maintenance
Services only via email or telephone.
SpeedTrack shall have no obligation to provide Maintenance Services for (i) altered,
damaged or modified Software or any portion of the Software incorporated with or into
other software, (ii) Software problems caused by Licensee's negligence, abuse or
misapplication, use of software other than as specified in this Agreement or the
Documentation or (iii) Software installed on any computer hardware other than the
computer hardware specified by SpeedTrack at installation. Further, SpeedTrack shall
have no liability for any changes in Licensee's hardware which may be necessary to
use the Software due to any new release or version provided by SpeedTrack.
12. Limited Warranty. SpeedTrack warrants to Licensee that for a period of ninety
(90) days from Licensee's acceptance of the Software under Section 5 above: (i) the
media provided by SpeedTrack, if any, on which the Software is recorded will be free
from material defects in materials and workmanship under normal use, and (ii) the
operation of the -Software, as provided by SpeedTrack, will substantially conform to the
Specifications and to the Documentation applicable to the Software. The foregoing
warranty shall not apply to any third party software not provided by SpeedTrack or if a
failure of the Software to substantially conform to the Specifications or Documentation
is due, in whole or in part, to (a) any accident, abuse, attempted or actual modification
by anyone other than SpeedTrack, misuse, improper installation or misapplication, of
the Software or (b) any malfunction of any hardware or other equipment and /or third
party software not provided by SpeedTrack used in conjunction with the Software.
Licensee's sole and exclusive remedy, and SpeedTrack's sole obligation, under the
foregoing warranty shall be as follows: Following receipt of Licensee's written notice
of a failure of the Software to conform with the foregoing warranty, to (1) replace the
nonconforming Software with conforming Software, or (11) correct, or provide a
workaround for, errors that are reproducible by SpeedTrack. If options (1) and (II) are
not successful despite SpeedTrack's best efforts, such that SpeedTrack remains in
breach of warranty, then SpeedTrack shall refund all fees paid by Licensee and
terminate this Agreement and the license granted hereunder with respect to such
Software.
SpeedTrack also represents and warrants to Licensee that it has, shall obtain, and
shall keep in full force in effect during the term of this Agreement, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of whatsoever
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nature that is legally required of SpeedTrack to operate its business. SpeedTrack shall
maintain a City of Newport Beach business license during the term of this Agreement.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF, AND
SPEEDTRACK HEREBY DISCLAIMS, ALL OTHER WARRANTIES, WHETHER
EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, INTERFERENCE WITH QUIET
ENJOYMENT, SATISFACTORY QUALITY, ACCURACY, NON - INFRINGEMENT OF
THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
13. Infringement. SpeedTrack will at its own expense defend or settle any claim,
demand, suit, action, or proceeding brought against Licensee by a third party alleging
(i) that Licensee's use of the Software in accordance with this Agreement infringes any
copyright, trademark, or patent or misappropriates any trade secret or (ii) any other
claim or cause of action against Licensee arising out of or related to the Licensee's
authorized use of the Software (a "Claim ") and SpeedTrack shall pay all settlements by
SpeedTrack and judgments of Claims awarded against Licensee (including reasonable
attorneys' fees and costs) by order of a court of competent jurisdiction; provided that
Licensee (a) gives prompt written notice of such Claim to SpeedTrack; (b) permits
SpeedTrack to retain sole control of the investigation, defense or settlement of such
Claim, and (c) provides SpeedTrack with such cooperation and assistance as
SpeedTrack may reasonably request from time to time in connection with the
investigation, defense or settlement thereof, at SpeedTrack's expense. SpeedTrack
shall have no obligation with respect to any Claim to the extent such claim is based
upon (1) any use of the Software other than as authorized in this Agreement, (II) a
modification of the Software made by anyone other than by SpeedTrack, (III)
Licensee's continued use of the Software after SpeedTrack provides written notice to
Licensee that Licensee must discontinue use of the Software due to possible or actual
infringement; provided that Licensee shall have thirty (30) days from receipt of such
notice to discontinue use, (IV) Licensee's use of a superseded release of Software if
the infringement would have been avoided by use of a current release of the Software
made available to Licensee, provided that at such time as SpeedTrack delivers such
release, SpeedTrack provides written notice to Licensee that use of such release is
necessary to avoid infringement; or (V) the combination, operation or use of the
Software with any products, processes or materials not provided by SpeedTrack. In the
event SpeedTrack reasonably determines that the Software is or may be infringing,
SpeedTrack may, at its option and its expense, either (i) obtain for Licensee the right to
continue using the Software, (ii) replace the Software with a functionally equivalent
non - Infringing product, (iii) modify the Software so that it is non- Infringing while
providing substantially similar functionality, or (iv) accept the return of the Software and
refund to Licensee the unamortized portion of the license fees paid for such Software,
calculated on a straight -line basis over a five (5) -year period from the initial delivery of
the Software. This Section 13 states the entire liability of SpeedTrack, and Licensee's
sole and exclusive remedy, with respect to infringement of third party intellectual
property rights by the Software.
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14. Limitation of Liability and Damages. NOTWITHSTANDING ANYTHING HEREIN
TO THE CONTRARY, EXCEPT FOR SPEEDTRACK'S LIABILITY UNDER SECTION
15 OF THIS AGREEMENT, AND SPEEDTRACK'S LIABILITY UNDER SECTION 13
OF THIS AGREEMENT FOR CLAIMS, AS DEFINED THEREIN, ATTORNEYS FEES,
AND COSTS, ALL OFWHICH SHALL NOT BE LIMITED BY THIS SECTION 14, IN
NO EVENT SHALL SPEEDTRACK OR SPEEDTRACK'S SUPPLIERS BE LIABLE
WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY FOR (1) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR
CORRUPTION OF BUSINESS INFORMATION OR DATA AND THE LIKE), EVEN IF
SPEEDTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY,
SERVICES OR RIGHTS OR (III) ANY AMOUNT IN EXCESS OF THE AGGREGATE
AMOUNT OF LICENSE FEES PAID TO SPEEDTRACK UNDER THIS AGREEMENT
FOR THE SOFTWARE OR SERVICES GIVING RISE TO LIABILITY EXCEPT AS
EXPRESSLY PROVIDED IN SECTION 12 ABOVE, IN NO EVENT WILL
SPEEDTRACK BE LIABLE FOR ANY CLAIMS, DEMANDS OR ACTIONS OF ANY
NATURE BROUGHT BY ANY THIRD PARTY AGAINST LICENSEE.
IN NO EVENT SHALL LICENSEE BE LIABLE WITH RESPECT TO ANY SUBJECT
.MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES
WHATSOEVER (INCLUDING, .BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF
BUSINESS INFORMATION OR DATA AND THE LIKE), EVEN IF LICENSEE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Confidential Information. "Confidential Information" means trade secrets, know -
how and any proprietary tools, proprietary knowledge or proprietary methodologies
disclosed by one party (the "Disclosing Party ") to the other party (the "Receiving
Party") and not generally available to the public. The Order Document, this Agreement,
the Software and all source code, information relating to the functionality and
performance of the Software, Software benchmark test results and Software license
keys shall be deemed SpeedTrack's Confidential Information. The Receiving Party
shall maintain all Confidential Information of the Disclosing Party in strict confidence
and shall take all reasonable precautions necessary to safeguard the confidentiality of
the Confidential Information, including the precautions the Receiving Party uses in
protecting its own confidential information, but in no event shall the Receiving Party
exercise less than a reasonable degree of care. The Receiving Party shall not use or
disclose any of the Disclosing Party's Confidential Information, except to its employees
and to the extent necessary to exercise the rights granted, and to perform its
obligations, under this Agreement, provided that such employees have previously
agreed in writing to maintain the confidentiality of information that the Receiving Party
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receives from third parties pursuant to terms that are not less restrictive than those set
forth in this Section 15. The Receiving Party shall promptly notify the Disclosing Party
of any known unauthorized use or disclosure of the Confidential Information and will
cooperate with the Disclosing Party in any action brought by the Disclosing Party
against third parties to protect its proprietary rights in the Confidential Information.
In addition to the foregoing, in providing services hereunder SpeedTrack may have
access to Licensee's systems and data. SpeedTrack is granted access to such
systems and data solely to facilitate the services in this Agreement„ and is limited to
those specific systems, data, time periods and personnel designated by SpeedTrack
as separately agreed to by Licensee and SpeedTrack from time to time. Access is
subject to information and data protection policies, standards and guidelines as may
be provided by Licensee. Use of other systems is expressly prohibited. This
prohibition applies even when a system which SpeedTrack is authorized to access
serves as a gateway to other systems and assets outside the scope of SpeeclTrack's
authorization. Without limiting the foregoing, SpeedTrack warrants that it has
adequate security measures in place to comply with the obligations set forth in this
paragraph and to insure that access granted will not impair the integrity and availability
of Licensee's information assets /systems and data.
In addition to the foregoing, all access to CLETS (California Law Enforcement
Telecommunications System) or any CLETS data shall be subject to the following: (1)
SpeedTrack shall separately execute with the Private Contractor Management Control
Agreement attached hereto as Attachment C ("CLETS Agreement ") (2) SpeedTrack
shall ensure that its staff having access to record storage areas containing information
from the CLETS meet the minimum requirements set forth in such agreement,
including without limitation having each individual sign an EmployeeNolunteer
Statement Form in the form attached hereto as Attachment D prior to operating or
having access to the CLETS computers, equipment or information; and (3)
SpeedTrack shall indemnify and hold Licensee harmless from any breach by
SpeedTrack of the CLETS Agreement, or any violation of law with respect to CLETS or
CLETS data. SpeedTrack shall be responsible for providing Licensee's Administrator
(as defined in Section 21(e) below) with all documents and other information
necessary for compliance with the CLETS Agreement, including without limitation the
training requirements, background check information and EmployeeNolunteer
Statement Forms as more fully set forth in the CLETS Agreement. SpeedTrack
acknowledges its on -going obligation to provide such documents and information to
Licensee for any new personnel prior to their accessing CLETS or CLETS data.
Licensee reserves the right to impose additional or different restrictions on SpeedTrack
from time to time as necessary or appropriate, as determined by Licensee in its. sole
discretion, to enable Licensee to comply with its legal obligations with respect to
CLETS and CLETS data.
In any event if any CLETS data or any personal data related to Licensee personnel is
accessed or disclosed by SpeedTrack (or its employees, subcontractors or agents)
contrary to applicable laws or security procedures, or SpeedTrack (or its employees,
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SpeedTrack Software License Agreement. 04- 13- f0.npb rev.doc i f
subcontractors or agents) discovers, receives notice of or suspects that unauthorized
access, acquisition, disclosure or use of such data has occurred or is likely to occur
(each a "Security Incident "), SpeedTrack will notify Licensee by phone and email to
Licensee's Administrator within twelve (12) hours of such actual or possible Security
Incident, with full particulars as to the incident, including the type of data that was the
subject to the Security Incident and the identify of the affected users, and shall update
such contact person continuously on the status of such actual or potential Security
Incident until it is resolved. If applicable laws require notice to authorities or individuals,
or other remedial action, or notices or other remedial actions are warranted, then
SpeedTrack shall undertake such remedial action, at SpeedTrack's expense or, at
Licensee's option, reimburse Licensee for the expense of remedial action undertaken
by Licensee. The foregoing does not relieve SpeedTrack of any notice of other
obligations it may have under the law or from its obligations to bear all costs related to
Security Incidents.
Upon request, Licensee may audit SpeedTrack to verify SpeedTrack's compliance with
this Section 15.
16. Injunctive Relief. Each party acknowledges and agrees that. in the event of a
material breach of this Agreement including, but not limited to, a breach of any of the
provisions of Section 2 (License), Section 4 (Restrictions), or Section 15 (Confidential
Information) of this Agreement, the non - breaching party shall be entitled to seek
I
mmediate injunctive relief, without the requirement of posting a bond or any other form
of security and without limiting its other rights and remedies.
17. Usage Verification. At SpeedTrack's request, but not more frequently than
annually, Licensee shall furnish SpeedTrack with written certification, signed by
Licensee's authorized representative, that Licensee's usage of the Software is in full
accordance with this Agreement.
18. Conflicts of Interest. SpeedTrack or its employees may be subject to the
provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires
such persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such persons
from making, or participating in making, decisions that will foreseeably financially affect
such interest. If subject to the Act, SpeedTrack shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by Licensee. SpeedTrack shall indemnify and hold
harmless Licensee for any and all claims for damages resulting from SpeedTrack's
violation of this Section.
19. Equal Opportunity Employment. SpeedTrack represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of. race, religion, color, national origin, handicap,
ancestry, sex or age.
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SpeedTrack Software License Agreement.04- 13- 10.npb rev.doc
15
20. Insurance. Without limiting SpeedTrack's indemnification of Licensee, and prior
to commencement of services under this Agreement SpeedTrack shall obtain, provide
and maintain at its own expense during the term of this Agreement, a policy or policies
of liability insurance of the type and amounts described in Attachment E and in a form
satisfactory to Licensee.
21. General.
a) This Agreement shall be governed by and construed in accordance with the laws of
the State of California, without giving effect to any conflicts of laws principles that
would require the application of laws of a different state. The parties agree that the
United Nations Convention on Contracts for the International Sale of Goods does not
apply to this Agreement. Furthermore, the parties acknowledge that terms of the
Uniform Computer Information Transaction Act (UCITA) shall not apply to this
Agreement, regardless of the states in which the parties do business or are
incorporated. Any action seeking enforcement of this Agreement or any provision
hereof shall be brought exclusively in the state or federal courts located in the County
of Orange, State of California, United States of America. Each party hereby agrees to
submit to the jurisdiction and venue of such courts.
b) If any provision of this Agreement shall be held by a court of competent jurisdiction
to be contrary to law, that provision will be enforced to the maximum extent permissible
and the remaining provisions of this Agreement will remain in full force and effect.
c) All notices, consents or approvals required by this Agreement shall be in writing and
shall be deemed given five (5) days after being sent by certified or registered air mail,
postage prepaid, or when received after being sent by commercial overnight courier
service with tracking capabilities and written confirmation of receipt, to the parties at
the addresses set forth above or such other addresses as may be designated in writing
by the respective parties pursuant to the terms of this sub- paragraph.
d) No amendment to or modification of this Agreement will be binding unless in writing
and signed by both parties. No waiver of any breach of this Agreement shall be
effective unless in writing, nor shall any breach constitute a waiver of any subsequent
breach of any of this Agreement. This Agreement (including all Attachments)
constitutes the entire agreement of the parties regarding the subject matter hereof and
supersedes all prior and contemporaneous negotiations, agreements and
understandings, written or oral, between the parties with respect to the subject matter
hereof.
e) This Agreement will be administered by the Support Services Lieutenant of the
Newport Beach Police Department, or his designee (the "Administrator"), who shall
have the authority to act for City under this Agreement. The Administrator shall
represent City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
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SpeedTrack Software License Agreement.04- 13- 10.npb rev. doc i p _
IN WITNESS WHEREOF, each party has caused its duly authorized representative to
execute this Agreement as of the date set forth below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE OF THE CITY ATTORNEY A Municipal Corporation
B : By:
eonie Mulvihill Keith D. Curry
Acting City Attorney1�o Mayor
ATTEST: SPEEDTRACK, INC.:
Leilani I. Brown
City Clerk
Page 11
SpeedTrack Software license Agreement.04- 13- 10.npb rev.doc
SpeedTrack, Inc.
.....simply information
Order Document
Improving Organizational Effectiveness via
Results Driven Performance
SpeedTrack, Inc.
19713 Yorba Linda Blvd. #197
Yorba Linda, CA 92668
Miles Yano, CEO
miles@speedtrack.com
714.404.8662 mobile
714.693.7289 phone
714.693.2954 fax
www.speedtrack.com
19
This document was prepared expressly for the Newport Beach Police Department by
SpeedTrack, Inc.
Questions regarding this document should be addressed directly to:
Miles Yano, CEO
Miles@Speedtrack.com
(714) 693 -7289 direct ph.
(714) 404 -8662 mobile
(714) 693 -2954 fax
Legal Name:
SpeedTrack, Inc.
19713 Yorba Linda Blvd., Ste 197
Yorba Linda, CA 92886
SpeedTrack, Inc. is a California "C" Corporation (2143880)
Tax ID Number: 95- 4757490
Company general phone number (714) 693 -7289
Facility and Correspondence:
Miles Yano, CEO
SpeedTrack, Inc.
19713 Yorba Linda Blvd., Ste 197
Yorba Linda, CA 92886
Website:
www.speedtrack.com
SpeedTrack, Inc. Page 2 of 17
NEWPORT BEACH POLICE DEPARTMENT
Improving Organizational Effectiveness via Results Driven
Performance
Objective
Implement a software system which both improves organizational effectiveness and provides line
officers and investigators powerful search and crime analysis capabilities.
The Need
Truly effective law enforcement agencies are those that recognize their performance is best measured
by assessing the results they achieve (outcomes) rather than the activities (inputs) they are engaged in.
Yet, most departments continue to place great emphasis on measuring basic police activity (arrests,
calls, citations, etc.) and mistakenly view these as being an indicator of effectiveness or success.
Additionally, when these activities are inadvertently misdirected or poorly focused they become very
costly as they result in significant inefficiencies and lost productivity.
Arguably, the ultimate measure of police performance and effectiveness is viewed as the reduction in
criminal activity that is achieved. Police management must therefore be able to ensure that the efforts
and activities undertaken by individual officers and work units are directly tied to the agency's goals and
that these can then be accurately assessed via the performance metrics that are employed. This
process logically begins with the ability to capture detailed summaries of all ongoing activity. It also
requires the ability to conduct timely and meaningful analyses of the data and the application of fact -
based decisions so as to develop suitable strategies and tactics that are responsive to the unique and
ever - changing circumstances that influence crime. SpeedTrack's software system provides those
features and more.
Through the use of SpeedTrack the department can improve the ability to drill down into all calls for
service and officer activities to examine variables and influences that are often overlooked or
unrecognized due to various limitations associated with existing CAD and RMS systems. SpeedTrack
will assist the Police Department in better identifying and dealing with underlying problems that exist in
the high crime areas and factors that contribute to particular crimes, and can promote the development
of strategies and deployment of tactics to achieve the desired reductions in crime and service
demands. The system provides immediate feedback as to the effectiveness of your strategies and the
return on your investment (ROI) can be measured as a function of the outcomes and cost (crime
reduction and officer time).
Using this same data but in a different application, officers, investigators and crime analysts will have
the most powerful and advanced search and analytical capabilities available to quickly recall data from
multiple systems with a simple click of the mouse. This will greatly improve their productivity and should
reduce the time required to solve crimes and identify key factors which contribute to the incidence of
criminal activity. Some of the features line personnel will find particularly useful include:
Search: Fast intuitive search and analysis of CAD and RMS to easily retrieve the information
they need related to details on individuals, vehicles, locations, incidents, cases /events, etc. This
will greatly improve individual performance and reduce the need to involve IT and crime
analysts to perform the majority of these tasks.
2. Criminal Activity Analysis: Pattern recognition and mapping of data points to view patterns and
types of activity.
SpeedTrack, Inc. Page 3 of 47 ,e, 0
3. Automatically Mediated Association Group Identification: We will provide the officer /analyst with
the necessary tools to determine associations, whether direct or implied, between data entities.
Enable the officer /analyst to choose various ways of defining associations and determining the
associated entities. SpeedTrack's approach to identify key groups and associations is flexible
and adaptable to a variety of different conditions and is NOT based upon a fixed set of
assumptions regarding how to define links and associations.
Over time, additional databases of information can be associated and integrated with this application to
improve criminal analytical capabilities, and in turn improve resource management via effective staffing
and deployment analysis. Policing strategies and tactics can be improved by utilizing response and call
management data. Additionally, problem oriented policing policies and programs will be enhanced by
the ability to analyze, track and visualize criminal activity.
SpeedTrack, Inc. Page 4 of 17 U d
1. Summary of Project for Newport Beach Police Department
The Newport Beach Police Department is seeking to improve organizational effectiveness and measure
the results of its law enforcement activity. This program will be used by the Newport Beach Police
Department in conjunction with the Records Management System, Computer Aided Dispatch, and other
City and Police databases as necessary to carry out additional analysis. Future applications will be
developed as identified by the Newport Beach Police Department and provided for under the
Maintenance Services.
Using the CAD , RMS, and data outputs provided, with extraction tools provided by SpeedTrack,
SpeedTrack will deliver a solution which provides:
Management reports of the daily activity of its officers. This will require Newport Beach to
modify and use various codes and code tables to capture the daily activity of each officer.
Additionally, the incident narrative field within CAD will be utilized for officer incident reports.
• Powerful search, performance dashboards and investigative capability as outlined in section 2.0
below.
• Incident field will be developed within CAD or other data application.
SpeedTrack, Inc. Page 5 of 17 ^�
2. Overview of the SpeedTrack Solution
SpeedTrack's solutions are based on an innovative new technology called Guided Information Access
(GIATm). GIA crime analytics solutions were developed specifically for RMS and CAD and other
criminal database systems with the help of Long Beach Police Department (the 5"' largest police
agency in California). The GIA platform recognizes every possible answer contained in your data and
allows the user to intuitively navigate to the information that is most important to them (think GPS for
information). There is no wasted time searching through standard report sets, or making special
requests to IT analysts. For the first time, decision makers can have at their fingertips the information
that is most important to them.
SpeedTrack's crime analysis solutions are not intended to replace all of your current standard reports.
They are designed specifically to provide the most advanced technology available to analyze,
understand and get ahead of the key drivers of these trends.
Management Accountability Performance System — (MAPS)
MAPS is an interactive management dashboard which displays all of the key performance
metrics. Selected performance metrics are integrated and linked such that every dimensional
aspect can be analyzed in terms of their effect on the others. This unique visualization will
promote improved critical thinking skills and allow command staff to quickly identify previously
unknown relationships and use this to guide deployment and other tactical decisions. There can
be numerous different dashboards depending upon the performance parameters that you may
want to measure. They can include but are not limited to:
1. Activity type: Calls for service, officer initiated, administrative, origin, etc.
2. Activity detail: Nature, frequency, time of occurrence, location, response time, total on
scene time, individual officer on scene time, ID of highest utilization calls and locations,
etc.
3. Other features such as: Number of Part I and II crimes by location, type, MO, persons
contacted, vehicles involved, etc. (classification mapping to crime codes provided by
Newport Beach).
Criminal Information Management System (CRIMeS) — Search and Analysis
CRIMeS is a powerful search engine for patrol officers and investigators. Searches can be performed
across multiple databases such as Computer Aided Dispatch (CAD), Records Management System
(RMS). Crime analysts, investigators, patrol officers and command staff can quickly and easily find the
information they are looking for amongst all the calls for service, people, incidents, vehicles, locations,
MO's, etc. They will use this data daily to help them solve crimes and management can also use the
analytical capabilities to analyze crime patterns and trends and to establish prevention strategies.
What Patrol Officers, Investigators, Analysts and Command Staff are able to do with CRIMeS
Decision makers at all levels have at their fingertips an "n- dimensional" guided search capability of their
data, with ability to associate detailed information, or even partial information such as (if this data is
provided):
• Information about people (by involvement) such as name, sex, DOB, age, race, height,
weight, occupation, address, phone #, etc.
• Location of event such as street name and number, type, state, county, city, zip code,
zone, beat, etc.
SpeedTrack, Inc.
Page&oi t7 C"I "J
• Incident type; date; location by division, district, beat; method of entry; means of attack;
crime class and charge.
• Vehicle year, make, model, style, color, license plate, wildcard plate, positional plate
number, etc.
• Call for Service analytics: Units on Scene, Response Times, and Cost per Call.
• Search of all free text fields, reports and remarks.
In order to recognize the value created.. by -the GIA platform, one must first appreciate the difference
between data and information. Data is a string of characters that describe something: an address, a
person, an incident, a modus operandi, etc. Data becomes information when it answers a question, or
facilitates a decision. So information is synonymous with answers.
Traditional Approach
Conventional databases and applications are focused on storing data and providing fast linear text
searches. They do not take into account the information within the data and so cannot provide user
guidance to that information. In other words, conventional solutions are designed to respond to
questions using specific words, often unknown to users other than IT personnel.
This approach requires that you:
1. Formulate a question using the "right" words.
2. Search or query the data to determine if a match exists, hoping it answers your question (the
equivalent to shooting arrows in the dark, hoping to hit something), or
3. Rely on pre- defined data summaries designed to produce predetermined types of answers (e.g.,
residential burglaries per quarter by region).
As a result:
1. You can spend valuable time searching for information that may not be in your data, or
2. You risk having valuable answers go undetected by not asking the "right question ".
3. The system will sometimes return massive result sets of thousands (or millions) of records, or
sometimes return "nothing found" with no guidance about how to best refine the query.
In short, you have no idea what the range and breadth of answers are that exist in your data, must
focus on asking the right questions, and cannot identify what you may be missing. You don't know
what you don't know!
G/A
GIA's primary focus is to show you every answer that exists in your data, and let you decide what's
important. GIA stores all of the associations that exist between the words and values of your data, and
what they describe. By capturing the associations, GIA stores information (as opposed to just storing
data). Using this approach, GIA identifies every possible question that can be asked which has an
answer contained in your data, and presents them to you in a dynamic interface.
Speed-rrack, Inc. Page 7 of 17 ?'t
d, ➢
Rather than requiring you to guess what information is available, or rely on a set of predefined reports,
GIA:
1. Presents you with lists of every unique word or value for every data field, document, or
sentence in your data set. Then,
2. Narrows or expands the lists as you make selections from these words and values to reveal
only words and values that are associated with your selections — guiding you to information with
100% contextual relevance.
This occurs n- dimensionally across every data field, every document and every sentence. You are
essentially "navigating" your information, continuously making new discoveries and expanding your
knowledge. -
2.1. Analyze Data
GIA analytics solutions provide unparalleled ability to mine data and identify previously hidden
information by allowing the user to navigate information from the RMS, CAD and other databases using
any combination of dimensions contained in the data (spatial, temporal or statistical) to produce reports.
In addition, calls for service and incident dashboards are available for command staff to quickly assess
activity by call type, division, beat, address and response times. Finally, custom filters are easily
created by the users enabling them to perform complex queries at the click of a button.
2.2. Assist in Communication
GIA can push the results of any ad -hoc analysis to a standard report format, MS Excel, CSV file or
mapping program. In addition, because GIA provides information access to all levels of the
organization in a user friendly intuitive manner, everyone throughout the organization can perform their
own analyses and the amount of resources currently dedicated to creating special reports can be
significantly reduced. This access to information promotes a level of critical thinking and problem
oriented policing that is otherwise unattainable.
3peedTrack, Inc. Page 8 of 17
t,^::.
3. SpeedTrack Software
3.1. Client Side Software
The GIA client is a JAVA application that is downloaded on each PC using a Web Start page. The
users go to an internal web page and click on a link to the application, which automatically downloads
to the users' machine. Updates to the application are made each day when the users login in to the
application. There are several different views allowing the information to be displayed and analyzed in
a variety of ways.
Dynamic dashboard(s) provide a graphical representation of key data fields when trending
and pattern recognition is desired. The dashboards are dynamic in terms of allowing users
to interact with the graphs, pie charts and lists of data to perform both canned and ad -hoc
analysis and reports.
Faceted navigation displays a number of data fields which show the interaction between the
data values in each of the data fields. This is extremely valuable in learning inter- associated
details about criminal activity which cannot be found using traditional database queries and
standard reporting programs.
Standardized data view is used when there are many data fields to be analyzed and
reported on (10's to 100's).
3.2. Server Side Software
The GIA server is a C ++ application that is run on a Windows web server. The GIA server stores the
metadata and text files required to perform all search, analytics and reporting queries received from the
GIA client. The GIA server contains the metadata of the RMS, CAD and other (incorporated) data
systems. This is the equivalent of what we call the "Answer Cube ". The Answer Cube contains all of
the possible pre- defined search and analysis combinations which are available from the data. The data
is simply stored as text files on the server. This is exactly the opposite of a traditional relational
database solution which only stores the data and then relies on the search queries on the data to
determine if the question can be answered.
The Item Viewer reporting server is a JAVA application which handles the data viewing, search query
data extraction and reporting functionality. It also allows the user to export the data into Excel or CSV
file formats.
There is also a supporting auxiliary data server which handles miscellaneous functions to make the GIA
server more efficient.
3.3. Data Extraction Capabilities
We have a data extractor which can extract all fields from all files designated, in a delimited text file
format for:
• SQL
• Oracle
• Access
• Excel
We can schedule this download for automatic updating and data refreshes. In addition, SpeedTrack
has the ability to export data for use in other applications. We can easily configure the data export and
map to their data formatting requirements.
SpeedTrack, Inc. Page 9 of 17 c
3.4. Data Management Abilities
We have the capability and tools to handle and manipulate all forms of data from any source, provided
that the data can be extracted and downloaded into any delimited text file format, namely, but not
limited to: comma separated value, tab delimited or, pipe delimited format.
3.5. Spatial Analysis Capabilities
Our solution allows the dataset from ANY of the standardized and ad -hoc queries to be mapped.
Mapping can distinguish different types of data items, such as:
• Incident types
• Incident crime class categories, Type
SpeedTrack)
• Geographic region
• Council district
• Beat and Reporting District
• Zip Code
• Any other definable spatial group
• Calls for Service
• Call type
• Call priority
• Exact address, etc.
II, etc. (provided the categorization- is provided to
These analyses can encompass any and all of the possibilities available in your data.
3.6. Performance Data Tracking Features
SpeedTrack supports and promotes a multilayered dynamic approach to provide effective reporting,
analysis and problem identification through novel Performance Data Tracking (PDT) features. Reports
can be automatically generated by the SpeedTrack application and will not require ANY user
intervention to create.
The ease of use of the SpeedTrack application means that the vast resources of information can
actually be used to create reports that promote the development of more effective and targeted crime
reduction strategies. The differentiating advantage of the SpeedTrack application is that it allows for
easier exploration (via intuitive ad -hoc queries) and encourages examination of the data in a manner
which will uncover significant and insightful information which we matriculate into a new series of
needed reports and analysis. These reports can be configured by the Administrator and pushed out
with a minimum of effort and expense. There is no need to hire additional staff or to use third party
reporting tools such as Crystal Reports, Access, etc., thereby enabling immediate use and controlling
additional costs.
3.7. Compatibility with Other Analytical Applications
SpeedTrack can provide data output files in a universal file format (CSV or XML) which can be read into
and used by any other program which can accept a delimited text file.
SpeedTrack, Inc. Page 10 of 17 n
4. Hardware /Software Requirements
In order to obtain consistent performance, reliability, and control, with the least complexity, SpeedTrack
strongly recommends a dedicated server for your SpeedTrack solution(s). The following hardware and
software is recommended. These items are not priced in our proposal, and accordingly will be provided
by the Customer.
4.1. Server Hardware
Recommended (medium size implementation):
• Two dual or one quad core Xeon processors (2 ±GHz CPU speed).
Slower CPU speed will reduce performance accordingly.
• 8GB or more of RAM for best performance and scalability.
• 50OGB or more free space on a hard drive.
Optimal (larger size implementations):
• Two or more quad core Xeon processors (2 +GHz CPU speed).
• Slower CPU speed will reduce performance accordingly.
• 16GB or more of RAM for best performance and scalability.
• 1 TB or more free space on a hard drive.
4.2. Server Operating System
64 -bit Windows 2003 — 2008 Standard or Enterprise Server or XP Pro utilizing IIS
4.3. Server Software
Since SpeedTrack can export information to Excel for your external reporting, we would like to have this
application on the server for our testing purposes. (Excel or MS Office, or Open Office if necessary.)
4.4. Server Access
SpeedTrack requires direct VPN access to the server for implementation, troubleshooting and
maintenance activities. Setting up remote desktop access (terminal services), with a usemame and
password will facilitate remote access and maintenance activities.
In order to use our web based mapping feature, server access to the Internet is needed as well.
4.5. Alerting
We have found that by creating alerts to automate notification of job process completion /failure, we can
offer our customers the best service. This requires your email server to forward the email notification to
our outside address. Alternatively, you may elect to use another process that will send email
notification(s) to our SpeedTrack email addresses.
4.6. End User PC
Windows XP
Microsoft Internet Explorer 7.0 or higher
Java version 6 is required on each individual users PC in order to run the application
Adobe Reader
MS Excel (or Office) or a compatible system for viewing output data tables (optional)
IGB RAM, however better performance is achieved with 2GB or more
SpeedTrack, Inc. Page i t of 17
a�
5. Data Management and Storage Capabilities
5.1. Product Integration Capabilities for Extracting Data from RMS and
CAD
Data is downloaded on a set periodic basis and then uploaded and processed into the SpeedTrack
data integration server. The application will display the last time each of the various agencies has
updated their data into the system. If allowed, we can perform this function on an automated basis,
either downloading changes to the databases (add, modify or delete), or downloading the entire
databases periodically, if feasible.
5.2. Data Storage Capabilities
The individual RMS and CAD flat files will be stored on the GIA server. The data itself will be accessed
through either; the Report Server via an existing report, or directly from the client's machine using the
client JAVA application. The user can select any and all items of interest resulting from his set of search
criteria. The search result set is sent to the Data/Report Server from the Data Integration Server.
The SpeedTrack solution provides for a relatively straightforward approach to integrating new data
sources with each new data source following the general process and the new "vocabulary' being
added to the metadata cloud and associated to other data records which are relevant. The SpeedTrack
technologies native ability to associate disparate data is paramount to why it can easily handle new
data sources.
SpeedTrack, Inc. Page 12 of 17 /1 �A
6. Professional Services: Implementation Process
SpeedTrack will complete the following implementation process in accordance with the implementation
schedule set forth below. SpeedTrack believes in rapid prototyping and continuous process
improvement, allowing two beta versions to be tested before "going live" into production.
1. Meet with customer to determine details of the business requirements, establish critical success
factors and identify /resolve issues and agree upon roles and responsibilities. Establish
timelines for the tasks listed below based upon a detailed understanding of the end user
requirements.
2. Review of RMS and CAD databases and utilize the data extracts as outlined in clause 4 below.
Discuss user habits and desires re: management reporting investigative and crime analysis
capabilities desired of each system and for the combined data analysis capabilities.
3. Newport Beach: Modification to CAD code tables to include TBD codes and method to capture
incident narratives and officer activities. The objective is to use CAD to capture all officers' daily
activities and provide that data to SpeedTrack. For RMS, review utilizing the data extract
Newport provides to COPLINK. If mutually agreed upon, SpeedTrack will use this data format.
4. Data Extract: Download the data to CSV, pipe or tab delimited text files per SpeedTrack
documentation. SpeedTrack will use its own extractor, for Oracle, SQL and Access databases,
to extract data for this project.
SpeedTrack shall assist Newport Beach Police Department (NBPD) in implementing all aspects
of data extraction. SpeedTrack will be responsible for working with corresponding vendors of
legacy systems (e.g. Northrop Grumman) with regard to the data extraction and to facilitate
interfaces with NBPD systems. Integration of the SpeedTrack system with outside vendor
systems will be the responsibility of SpeedTrack. In some cases, SpeedTrack may experience
problems with the integration, such as a lack of cooperation from the RMS vendor. SpeedTrack
will utilize all reasonable resources to resolve integration problems. However, if the problem
persists or the solution is cost - prohibitive, NBPD reserves the right to terminate the Agreement
upon written notice to SpeedTrack. In such event, SpeedTrack shall receive compensation
according to the Milestone Payment level completed within the Milestone Payment Schedule in
Section 8.1 below.
5. Review Data Extracts: Receive and load data onto the SpeedTrack server. Verify the integrity
of each file, check that the field names are in the first line and that the field values seem to
match the field names. Create exception reports and notify the customer of any discrepancies.
Extract file and field names for all data.
6. Generic Data Cleansing: Perform generic data cleansing to generate "clean" CSV files. Extract
a sample of each file and check the cleaned data.
7. Thorough Data Analysis: Using our "HOAN" (hands off data analyzer) we thoroughly analyze
the data on several dozen parameters which provides deep knowledge of the integrity and
quality of the data. This includes the extraction of every unique data value from each field from
each file in the project. This is unique to the SpeedTrack technology as these are the values
from which our generalized vocabulary is built and becomes the basis for search and analysis
parameters.
8. Selection of Data Fields and Data Dictionary: Meet with the customer to determine/confirm the
field names, data values and meanings. Collection of all data conversion code tables.
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9. Creation of Customer Vocabulary: In conjunction with the customer, create a vocabulary which
will define the fields and data values to be used for this project as defined by the requirements
gathered. The vocabulary will be selected from the actual data values extracted from the
databases. If necessary, list of privacy data can be identified to prevent display of these data.
10. Preparation of the Full Authoring Process: Using the vocabulary, set up the required
implementation runs to create the metadata and the analysis matrix which contains the answers
to all possible combinations of Boolean search queries available in the selected fields of data.
Once this process is completed, the resulting matrix will be the core of the implementation
process.
11. Creation of Various Levels of Data Access: If necessary prepare the required number of "views"
into the data to accommodate the desired levels of data sharing.
12. Creation of the GUI(s): Starting with the basic graphic user interface (GUI), create the set of
tabs and selector groupings based upon the users initial input and feedback. Edit the definition
file with final adjustments and create the application configuration file.
13. Validation Testing: Form a user group to test the usability of the application, collect comments
and recommendations. SpeedTrack will perform requirements validation testing to ensure all
requirements are met.
14. Repeat process to incorporate new data or requested changes.
IMPLEMENTATION SCHEDULE
Should SpeedTrack and NBPD successfully extract all required data, and SpeedTrack develop the
requested Software, SpeedTrack's Project Manager and NBPD's Administrator shall work cooperatively
establish an implementation schedule that is agreeable to both SpeedTrack and NBPD.
SpeedTrack shall submit all requests for extensions of time for performance in writing to the
Administrator not later than seven (7) calendar days after the start of the condition that purportedly
causes a delay. The Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond SpeedTrack's control. If at any time SpeedTrack
fails to meet the schedule set forth above, Newport Beach shall have the right to terminate this
Agreement upon written notice. In such event, SpeedTrack shall receive compensation according to the
Milestone Payment level completed within the Milestone Payment Schedule in Section 8.1 below.
PROJECT MANAGER
SpeedTrack shall designate a Project Manager, who shall coordinate all phases of the implementation
services. This Project Manager shall be available to NBPD at all reasonable times during the
Agreement term. SpeedTrack has designated Leesa Goldin to be its Project Manager. SpeedTrack
shall not remove or reassign the Project Manager or assign any new or replacement personnel to the
services without the prior written consent of NBPD. NBPD's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
SpeedTrack, at the sole discretion of NBPD, shall remove any of its personnel assigned to the
performance of services upon written request of NBPD. SpeedTrack warrants that it will continuously
furnish the necessary personnel to complete the services on a timely basis as contemplated by this
Agreement.
SpeedTrack, Inc. Page 14 of 17
u 1
7. Other Services and Support
7.1. Training Plan
SpeedTrack employs the "train the trainer" concept, once acceptance testing is completed. Users are
typically trained in a brief 2 hour class which consists of a functionality walkthrough, then several
example searches which demonstrate the features.
Training materials will be developed as required. SpeedTrack will include materials for "train the
trainee' sessions and offer local in -office training, and remote training via GoToMeeting.
SpeedTrack will hold the number of required classes after acceptance testing to ensure that the users
and administrators are qualified to use the system.
7.2. Security Measures
This application runs within the customer firewall, so secure access to the application is similar to
running other applications within your protected environment. SpeedTrack has internal security
measures which provide for using Active Directory to setup individual user names and passwords if
desired, or to grant application access once the user is logged on. A unique capability SpeedTrack has
is that it can create different "views" into the data which can restrict access to administer defined data
fields.
7.3. Professional Support, Maintenance and Product Updates
For the purposes of this engagement, the annual software license fee will be fixed for the first three
years. The annual software license includes technical support services for software products licensed
from SpeedTrack (the "Products "), maintenance and support, and free product updates (as such term is
defined in the Software License Agreement between the customer and SpeedTrack).
Under this proposal, SpeedTrack will provide all support necessary to deliver a stable and fully
operational system to satisfy the customer in meeting agreed upon project goals.
Support services include answering questions with regard to the operation of the software and
troubleshooting. Support services do not include services which, in the usual course of SpeeclTrack's
business, are provided to customers as consulting services. An example of consulting services may
include, but are not limited to; custom application development, data warehouse design, requirements
analysis; and/or database design tasks that are not specifically included in the scope of the project.
Ongoing technical support is provided as long as the annual subscription license is paid in full and is
still in force.
IA
SpeedTrack, Inc. Page 15 of 17 ,�
Cost Quote
8. 1. Costs
Costs to the use of SpeedTrack's application for use by Newport Beach Police Department (NBPD) are
as follows. No additional compensation shall be made under the Agreement without the prior written
approval of NBPD.
The initial implementation will utilize CAD and RMS data.
uevelopmenvset -up /Implementation Fee: (includes $32,500. $0. $0.
programming required). $100,000 original cost — 67.5%
reduction.
Annual License Fee: Year 2 and beyond, includes 100 $17,500. $17,500. $17,500.
hours of implementation time to add in new data. 17.5% of
total oroiect cost.
I Total CRIMeS and DFAR Solutions: 1 $50,000. 1 $17.500. 1 $17.500.
30% of Year 1
or
I Grand Totals: I $50,000.1 $17.500.1 $17.500. 1
1. Invoiced upon execution of this Agreement and issuance $28,334.
of PO and once SpeedTrack has all required Data:
Annual license fee plus 1/3 of the implementation,
programming and set -up cost ($17,500 + 10,834)
2. At Beta: $10,833.
Invoiced upon installation of operational Beta version, 1/3 of
the implementation, proqramming and set up cost
3. In Production: $10,833.
Invoiced upon acceptance under Section 5 of the
Agreement, final 1/3 of implementation, programming and
set uo cost
8.2. Software License
The yearly software license is $17,500, renewable on the 1 sr of the month, 12 months after the issuance
of the purchase order and every 12 months thereafter.
8.3. Systems Integration (Knowledge Engineering) & Implementation
SpeedTrack, Inc, g 4 Fd 17
33
Engineering and developer support to integrate the NBPD data and implement the SpeedTrack
applications at the NBPD is at the fixed price of $32,500 USD. Such price includes all travel
expenses.
8.4. Partnership with Newport Beach Police Department
It is understood that this contract is done in full cooperation and partnership with NBPD. As such
NBPD is receiving special price and project scope consideration. In return NBPD agrees to cooperate
with SpeedTrack in providing their insight into NBPD needs for data integration and what software
features would add value to the existing SpeedTrack applications.
End of document
SpeedTrack, Inc. Page 17 of 17 y y
Attachment B
Maintenance and Service Level Policy
SpeedTrack provides maintenance and support, and Software updates as part of the
license of the Software. Support services include answering questions relating to the
operation of the Software and troubleshooting.
Technical Support
Technical support will be provided as long as the annual license fee is paid in full and
in still in force.
Telephone support may be obtained in the following ways:
-Phone: (858).481 -1584
9:00 A.M. -6:00 P.M. PT; Monday through Friday on non - holidays (US)
• Fax: (858) 858 -6154
• E -mail: support@speedtrack.com
• Message: (858) 481 -1584 after hours please leave message
Head of Technical Support: Dr. Jerzy Lewak, CTO
If Licensee is unable to reach a SpeedTrack Technical Support Person by phone,
please send an e-mail or leave a voice mail message. When leaving an e- mail /voice
mail message, the following information should be stated:
• Name
• Company
• Phone Number
• SpeedTrack Software being used
• E -mail address
Upon logging an issue, Licensee will receive an issue identification number for future
reference.
A "Support Liaison" is defined as a person whom Licensee has designated as a point -
of- contact with SpeedTrack's support personnel. Licensee must designate two
employees, but may designate up to five employees, to serve as the Support Liaison.
Licensee may change its Support Liaisons on occasion, if necessary, so long as it
provides written notice to SpeedTrack of such change.
Technical and Service Support Objectives
SpeedTrack's Technical Support will keep Licensee informed of all material technical
issues, upcoming production releases and maintenance versions and with a
mechanism for escalating issues as necessary.
SpeedTrack's shall use commercially reasonable efforts to:
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35
• Answer Licensee contacts directly or, otherwise, acknowledging all contacts within
24 hours.
• Respond to each issue as soon as practicable; and, otherwise, responding to
Licensee within 1 business day with details on SpeedTrack's progress in resolving
the issue and /or intended plan of action.
• Notify Licensee when the status of Licensee's feature requests or ongoing issues
changes, or when a fix for any of the issues or feature requests is ready in a new
version of the Software;
• Ensure that Licensee understands and agrees with the actions that have been taken
and the consequences of those actions (within reason and practicability).
SpeedTrack shall provide fixes and corrections as necessary to resolve issues; fixes
and corrections will be provided in the form of code changes or work - arounds;
SpeedTrack shall be responsible for directly accessing Licensee's servers to
implement these code changes or work - arounds via a VPN connection. SpeedTrack
shall be responsible for implementing the VPN connection and the costs for such VPN
connection.
Prioritization of Issues and Progress Reporting
Priority levels are assigned by SpeedTrack to each issue during the initial call,
whenever possible. SpeedTrack's objective is to assign a prioritization level to all
issues within one business day. These prioritization levels are aimed at resolving
important issues quickly and to determine the escalation procedures for an issue.
Priority 1: A production system is down or severely impacted as a result of the
Software. Examples include, Server(s) crashes, corrupted or incorrect data, or "bugs"
in the software. Resolved on the highest priority basis with a target of resolving in one
(1) business day from initial call by Licensee. Daily status reports provided.
Priority 2: Licensee has a serious issue with a feature of the Software necessary to its
work for which it has discovered no work- around and which completely prevents the
feature from being used. Resolved on the highest priority basis with a target of
resolving within two (2) business days from the initial call by Licensee. Daily status
reports
provided.
Priority 3: Licensee has a serious issue with a feature of the Software for which a
workaround exists, a minor issue with a feature for which no work - around exists or a
critical usage question. Target of resolving in three (3) business days from initial call by
Licensee. Weekly status reports provided.
Priority 4:. Licensee has a minor issue with a feature of the Software for which a
workaround exists, a usage question or a high- priority enhancement request.
Scheduled along with other Priority 4 and 5 issues.
Priority 5: Licensee has a minor question, issue or enhancement request relating to the
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Software. Scheduled along with other Priority 4 and 5 issues.
Escalation Procedures
SpeedTrack Technical Support will use commercially reasonable efforts to resolve
material technical support issues and questions regarding the Software in a timely
manner. If, however, Licensee is not satisfied with the responsiveness or the quality of
the support received, it may escalate the priority level of an issue.
If Licensee is not satisfied with the response of SpeedTrack Technical Support Person
handling the technical issue, then the first level of escalation will be to contact.
Dr. Jerzy Lewak
Chief Technology Officer, SpeedTrack
Ph:(858) 481 -.1584
e -mail: jerzy@speedtrack.com
If Licensee is still not satisfied with the response of SpeedTrack in handling the
technical issue, then the second level of escalation will be to contact.
Miles Yano
Chief Executive Officer, SpeedTrack
Ph:(714) 693 -7289
e -mail: miles @speedtrack.com
Examples of where Licensee may request escalation of an issue to a higher priority
level include:
• The SpeedTrack Technical Support staff is not adhering to the policies outlined in this
Technical Support Policy.
• Licensee reasonably believes that an issue was assigned a lower priority than it
deserves.
• Licensee reasonably believes that escalation is warranted by special circumstances.
Licensee may request escalation of an issue to a higher priority level by calling the
support line and asking to discuss the matter with the Chief Technology Officer.
Product Upgrades
Technical Support includes Software updates and upgrades that SpeedTrack makes
generally available to its licensees.
Licensee shall not be required to implement new updates or upgrades and SpeedTrack
will continue to support the Software for the term of this Agreement. If Licensee wishes
to implement an update or upgrade, SpeedTrack shall use commercially reasonable
efforts to implement via the VPN connection. If such implementation is not technically
feasible, the parties shall agree on another method.
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ATTACHMENT C
PRIVATE CONTRACTOR MANAGEMENT CONTROL AGREEMENT
Agreement to allow the California Law Enforcement Telecommunications System (CLETS) access by
Newport Beach Police Department to CA0301400
(Public law enforcement/criminal justice agency) (ORI)
SoeedTrack. Inc.
(Private Contractor)
to perform software license installation and maintenance services on its behalf.
(Type of service)
Access to the CLETS is authorized to public law enforcement and criminal justice agencies only (hereinafter
referred to as the CLETS subscribing agency), which may delegate the responsibility of performing the
administration of criminal justice functions (e.g., dispatching functions or data processing/information services) in
accordance with the Federal Bureau of Investigation's (FBI) Criminal Justice Information Services (CJIS) Security
Addendum to a private contractor. The private contractor may access systems or networks that access the CLETS
on behalf of the CLETS subscribing agency to accomplish the above - specified service(s). This Agreement must be
received by the California Department of Justice (CA DOJ) prior to the subscribing agency permitting access to the
CLETS. The performance of such delegated services does not convert that agency into a public criminal justice
agency, nor automatically authorize access to state summary criminal history information. Information from the
CLETS is confidential and may be used only for the purpose(s) for which it is authorized. Violation of confidentiality
requirements or access authorizations may be subject to disciplinary action or criminal charges.
Pursuant to the policies outlined in the CLETS Policies, Practices and Procedures (PPP) and the FBI's CJIS
Security Policy, it is agreed the CLETS subscribing agency will maintain responsibility for security control as it
relates to the CLETS access. Security control is defined as the ability of the CLETS subscribing agency to set,
maintain and enforce:
1. Standards for the selection, supervision and termination of personnel. This does not grant hiring /firing authority to
the CLETS subscribing agency, only the authority to grant the CLETS systems access to personnel who meet these
standards and deny it to those who do not; and
2. Policies governing the operation of computers, access devices, circuits, hubs, routers, firewalls and other
components that make up and support a telecommunications network and related CA DOJ criminal justice
databases used to process, store or transmit criminal justice information, guaranteeing the priority, integrity and
availability of service needed by the criminal justice community.
Security control includes, but is not limited to, the supervision of applicable equipment, systems . design,
programming and operating procedures associated with the development, implementation and operation of any
computerized message - switching or database systems utilized by the served law enforcement agency or agencies.
Computer sites must have adequate physical security to protect against any unauthorized viewing or access to
computer terminals, access devices or stored /printed data.
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Additionally, it is the responsibility of the CLETS subscribing agency to ensure all private contractors receiving
information from the CLETS meet the minimum training, certification and background requirements that are also
imposed on the CLETS subscribing agency's staff. The minimum requirements are applicable also to staff having
access to record storage areas containing information from the CLETS. The minimum requirements include, but are
not limited to:
1. Prior to allowing the CLETS access, train, functionally test and affirm the proficiency of the CLETS
computer operators to ensure compliance with the CLETS and the FBI's National Crime Information Center
(NCIC) policies and regulations, if applicable. Biennially, provide retesting and reaffirm the proficiency of all
the CLETS operators, if applicable;
2. State and FBI criminal offender record information searches must be conducted prior to allowing access
to the CLETS computers, equipment or information. If the results of criminal offender record information
search reveal a record of any kind, access will not be granted until the CLETS subscribing agency can
review the matter to decide if access is appropriate. If a felony conviction of any kind is found, access shall
not be granted; and
3. Each individual must sign an EmployeeNolunteer Statement Form prior to operating or having access to
the CLETS computers, equipment or information.
In accordance with the CLETS /NCIC policies, the CLETS subscribing agency has the responsibility and authority to
monitor, audit and enforce the implementation of this agreement by the private contractor. The private contractor
agrees to cooperate with the CLETS subscribing agency in the implementation of this agreement and to accomplish
the directives for service under the provisions of this agreement. The Management Control, Agreement shall be
updated when the head of either agency changes or immediately upon request from the CA DOJ.
By signing this agreement, the vendors and private contractors certify they have read and are familiar with the
contents of (1) the FBI's CJIS Security Addendum; (2) the NCIC 2000 Operating Manual; (3) the FBI's CJIS Security
Policy; (4) Title 28, Code of Federal Regulations, Part 20; and (5) the CLETS PPP and agree to be bound by their
provisions. Criminal offender record information and related data, by its very nature, is sensitive and has potential
for great harm if misused. Access to criminal offender record information and related data is therefore limited to the
purpose(s) for which the CLETS subscribing agency has entered into the contract. Misuse of the system by, among
other things: accessing it without authorization; accessing it by exceeding authorization; accessing it for an improper
purpose; using, disseminating or secondary dissemination of information received as a result of this contract for a
purpose other than that envisioned by the contract, may subject me to administrative and criminal penalties.
Accessing the system for an appropriate purpose and then using, disseminating or secondary dissemination of
information received for another purpose other than execution of the contract also constitutes misuse. Such
exposure for misuse includes, but is not limited to, suspension or loss of employment and prosecution for state and
federal crimes.
CITY OF NEWPORT BEACH
A Municipal Corporation
Signature (CLETS Subscribing Agency)
Print Name and Title
Date
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SPEEDTRACK, INC.
Signature (private contractor)
Print Name and Title
Date
CLETS PPP, rev 2/09
39
ATTACHMENT D
EMPLOYEE/VOLUNTEER STATEMENT FORM
USE OF INFORMATION FROM THE CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM
(CLETS) AND THE DEPARTMENT OF MOTOR VEHICLES RECORD INFORMATION
As an employee /volunteer of SpeedTrack, Inc., which is under contract to provide services to the City of Newport
Beach Police Department, you may have access to confidential criminal records, the Department of Motor Vehicle
records or other criminal justice information, much of which is controlled by statute. All information from the CLETS
is based on the "need -to- know' and the "right -to -know" basis. The misuse of such information may adversely affect
anindiviu' aF3 SiVi�Fght3 an r'vieiates the IoW and /OY CLETS - policies.
Penal Code (PC) section 502 prescribes the penalties relating to computer crimes. PC sections 11105 and 13300
identify who has access to state and local summary criminal history information and under which circumstances it
may be released. PC sections 11141 -11143 and 13302 -13304 prescribe penalties for misuse of state and local
summary criminal history information. Government Code section 6200 prescribes the felony penalties for misuse of
public records and information from the CLETS. California Vehicle Code section 1808.45 prescribes the penalties
relating to misuse of the Department of Motor Vehicle record information. PC sections 11142 and 13303 state:
"Any person authorized by law to receive a record or information obtained from a record who knowingly
furnishes the record or information to a person not authorized by law to receive the record or information is
guilty of a misdemeanor."
Any employee /volunteer who is responsible for the CLETS misuse is subject to immediate dismissal from
employment. Violations of the law may result in criminal and /or civil action.
I HAVE READ THE ABOVE AND UNDERSTAND THE POLICY REGARDING MISUSE OF ALL INFORMATION
FROM THE CLETS.
Signature
Date
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Print Name
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ATTACHMENT E
Insurance Requirements
A. Certificates of Insurance. SpeedTrack shall provide certificates of insurance
with original endorsements to Licensee as evidence of the insurance coverage
required herein. Insurance certificates must be approved by Licensee's Risk
Manager prior to commencement of performance or issuance of any permit.
Current-certifcationof insurance ! b° + ' �� 1 • n •:^
..tjZ .epron- ei�e- Vr'It, .,GGr*ee -ar aarurnas
during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the Licensee's Risk Manager.
D. Coverage Requirements
I. Workers' Compensation Coverage. SpeedTrack shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance
for his or her employees in accordance with the laws of the State of
California. In addition, SpeedTrack shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor's employees. Any notice of cancellation or
non- renewal of all Workers' Compensation policies must be received by
Licensee at least thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) prior to such change. The insurer
shall agree to waive all rights of. subrogation against Licensee, its
officers, agents, employees and volunteers for losses arising from work
performed by SpeedTrack for Licensee.
ii. General Liability Coverage. SpeedTrack shall maintain
commercial general liability insurance in an amount not less than one
million dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, contractual
liability. If commercial general liability insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall
apply separately to the work to be performed under this Agreement, or
the general aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. SpeedTrack shall maintain
automobile insurance covering bodily injury and property damage for all
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activities of SpeedTrack arising out of or in connection with work to be
performed under this Agreement, including coverage for any owned,
hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit for each occurrence.
iv. Professional Errors and Omissions Insurance. SpeedTrack shall
maintain professional errors and omissions insurance, which covers the
services to be performed in connection with this Agreement in the
minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance policy
shall be endorsed with the following specific language:
The Licensee, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
SpeedTrack.
ii. This policy shall be considered primary insurance as respects to
Licensee, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from SpeedTrack's operations or services provided
to Licensee. Any insurance maintained by Licensee, including any self -
insured retention Licensee may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect
to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against Licensee, its.elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to Licensee, its elected or appointed officers,
officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after
thirty (30) calendar days (10 calendar days written notice of non -
payment of premium) written notice has been received by Licensee.
F. Timely Notice of Claims. SpeedTrack shall give Licensee prompt and timely
notice of claim made or suit instituted arising out of or resulting from
SpeedTrack's performance under this Agreement.
G. Additional Insurance. SpeedTrack shall also procure and maintain, at its own
cost and expense,. any additional kinds of insurance, which in its own, judgment
may be necessary for its proper protection and prosecution of the work.
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