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HomeMy WebLinkAboutC-4464 - Software Development, Implementation Maintenance and License Agreement0 ! 4W SOFTWARE DEVELOPMENT, IMPLEMENTATION MAINTENANCE AND LICENSE AGREEMENT WITH SPEEDTRACK, INC. This Software D velopment, Maintenance and License Agreement (the `Agreement ") is made as o UM 2 2010 by and between SpeedTrack, Inc., a California corporation, with ifs 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 Page 1 SpeedTrack Software License Agreement 04- 13- 10.npb rev.doc 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( §) 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 SpeedlTrack's prior written consent, which will not be unreasonably withheld. For clarity, the foregoing does not apply to any computer repair technicians Page 2 SpeedTrack Software License Agreement04- 13- 10.npb rev.doc 0 0 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 Page 3 SpeedTrack Software License Agreement 04-13- 10.npb rev.doc 9 0 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. Page 4 SpeedTrack Software license Agreement.04- 13- 10.npb rev.doc 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 specked 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 (II) correct, or provide a workaround for, errors that are reproducible by SpeedTrack. If options (1) and (11) 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 Page 5 SpeedTrack Software License Agreement 0473- 10.npb rev.doc 0 0 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. Page 6 SpeedTrack Software License Agreement O4- 13- 10.npb rev.doc 0 0 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, (11) 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 Parry ") 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 Parry 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 Page 7 SpeedTrack Software License Agreemsnt.04.13- 10.npb rev.doc 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 SpeedlTrack'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, Page 8 SpeedTrack Software License Agreement.04- 13- 10.opb rev.doc 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 immediate 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. Page 9 SpeedTrack Software license Agreement. 04 -13 -1 o.npb rev.doc 0 1 9 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. Page 10 SpeedTrack Softwaie License Agreement .04.13- 10.npb n:v.doc 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: OFFICE OF THE CITY ATTORNEY B: V eonie Mulvihill Acting City Attorney\�o ATTEST: m �4m� P �Mo"✓ Leilani I. Brown City Clerk __ ti U '%hpaNrP Page 11 SpeedTrack Software License Agreement.04-13-10.npb rev.doc CITY OF NEWPORT BEACH, A Municipal Corporation By✓g Keith D. Curry Mayor SPEEDTRACK, INC.: By: Y ✓ 0 0 0 Attachment A Service Order Page 12 SpeedTrack Software License Agreament.04- 13- 10.npb rev.doc 0 0 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.saeedtrack.com 0 0 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 MilesO 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.si)eedtrack.com SpeedTrack, Inc. Page 2 of 17 0 0 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, casestevents, 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 recognidon and mapping of data points to view patterns and types of activity. SpeedTrack, Inc. Page 3 of 17 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. Speecrrmck, Inc. Page 4 of 17 • i 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 6 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 51h 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 11 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'&d w 0 0 • 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! GIA 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. 3peedrradc, Irx. Page 7 of 17 Rather than requiring you to guess what information is available, or rely on a set of predefined reports, GIA: Presents you with lists of every unique word or value for every data field, document, or sentence in your data set. Then, 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. i. 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 0 0 3. SpeedTrack Software 3. i. 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: • SOL • 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 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 I, II, etc. (provided the categorization is provided to SpeedTrack) • Geographic region o Council district o Beat and Reporting District o Zip Code o Any other definable spatial group • Calls for Service • Call type • Call priority • Exact address, etc. 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 r i 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): o Two or more quad core Xeon processors (2 +GHz CPU speed). Slower CPU speed will reduce performance accordingly. 0 16GB or more of RAM for best performance and scalability. 0 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 I IS 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 username 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) 1 G RAM, however better performance is achieved with 2GB or more SpeedTrack, Inc. Page 11 of 17 0 E 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 clients 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 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. 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 6.1 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 "ROAN" (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. SpeedTrack, Inc. Page to of V 0 0 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, Ine. Page 14 of 17 0 0 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 trainer" 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 SpeedTrack'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. SpeedTrack, Inc. Page 15 of 17 0 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. Development/Set -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 project cost. Total CRIMeS and DFAR Solutions: $50,000. 1 -$-17-,5-00—.T $17,500. Service Maintenance, Upgrades (normally 30% of Year 1 costs, or $15,000 ) $0. $0. $0. Grand Totals: $50,000. $17,500. $17,500. 1. Invoiced upon execution of this Agreement and issuance of PO and once SpeedTrack has all required Data: $28,334. 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, programming 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 up cost 8.2. Software License The yearly software license is $17,500, renewable on the 1 s` of the month, 12 months after the issuance of the purchase order and every 12 months thereafter. 8.3. Systems Integration (Knowledge Engineering) & Implementation Speedirack, Inc. Pam 17 0 0 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 0 0 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- mailtvoice 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: Page 13 SpeedTrack Software License AgreemenL04- 13- 10.npb mv.doc 0 0 • 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 Page 14 SpeedTrack Software License Agreemant04- 13- 10.npb rev. doc 0 0 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. Page 15 SpeedTrack Software License Agreement04- 13- 10.npb rev.doc • • ATTACHMENT C PRIVATE CONTRACTOR MANAGEMENT CONTROL AGREEMENT Agreement to allow the California Law Enforcement Telecommunications System (CLETS) access by Newport Beach Police Department to CA03014QO (Public law enforcement/criminal justice agency) (ORI) (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 processinglinformation 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. Page 16 SpeedTrack Software License Agreement. 04- 13- 10.npb rev.doc 0 0 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 Employeallolunteer 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 Page 17 SpeedTrack Software License Agreement.04 -1 3- 10.npb rev.doc SPEEDTRACK, INC. Signature (private contractor) Print Name and Title Date CLETS PPP, rev 2/09 • • ATTACHMENT D EMPLOYEENOLUNTEER 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 -knove basis. The misuse of such information may adversely affect an individual's civil rights and violates the law and /or 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 HA VE READ THE ABOVE AND UNDERSTAND THE POLICY REGARDING MISUSE OF ALL INFORMATION FROM THE CLETS. Signature Print Name Date Page 18 SpaedTrack Software License AgreemenL04- 13- 10.npb rev. doc 0 • 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 certification of insurance shall be kept on file with Licensee at all times 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. Acceotable 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. L 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 ($9,000,000) 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 Page 19 SpeedTrack Soflwem License Agreement. 04- 13- 10.npb rev.doc 0 0 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. iii. 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. 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. Page 20 SpeedTrack Software License AgreerwntA4- 13- 10.npb rev.doc i 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda l_ 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 of $32,500; 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 w,1 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: Bill Hartford, Lieutenant Support Services Division Submitted by: li� M 18nn1 Robert M.Luman CHIEF OF POLICE Attachments: SpeedTrack, Inc., Licensing Agreement SpeedTrack, Inc., Order Document Police Department Staff Report to City Council, dated January 26, 2010 0 • i 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 NJ 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/Eady 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. q 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�1 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 5 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. #1.97, 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 Page 1 SpeedTrack Software License Agreement .0413- 10.npb iev.doc 7 • 41 not more than one copy of the Software is in use at the some 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 Page 2 SpeedTrack Software License AgreemenL04- 13- 10.npb rev.doc 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 Page 3 SpeedTrack Software License Agreement.04- 13- 10.npb rev.doc n M • 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. P_ age 4 . . . . . . . . . . - - 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 operationalttechnical 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 (I) replace the nonconforming Software with conforming Software, or (II) 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 Page 5 SpeedTrack Software License Agreement.04- 13- 10.npb rev.doc 41 • 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, (11) 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. Page 6 SpeedTrack Software License Agmemen1.04- 13- 10.npb rev.doc 9 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, (11) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS OR (111) 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 Page 7 SpeedTrack Software License Agreement.04- 13- 10.npb rev.doc 0 9 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 SpeedTrack'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 assetstsystems 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 CCLETS 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, Page 8 SpeedTrack Software License Agmement.04- 13- 10.npb iay.doc 14 0 0 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 immediate 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. Page 9 SpeedTrack Software Lkense Agreement 0413- 10.npb rev.doc 15 0 • 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 tor 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. Page 10 400drreck Software License Agreement04- 13- 10.npb rev.doc 9 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: OFFICE OF THE CITY ATTORNEY eonie Mulvihill Acting City Attorney 0,44 f-tl1 *119 Leilani I. Brown City Clerk Page 11 SpeedTrack Software Ucense Agieement.04- l3- f0.npb rev.doc CITY OF NEWPORT BEACH, A Municipal Corporation Keith D. Curry Mayor SPEEDTRACK, INC.: 0 Ll 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 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 "Cu 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 19 M 10 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 17 '! Il • 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 31 M • 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 cant' 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. Speed7rack, Inc. Page 6 of 17 • • 2. Overview of the SpeedTrack Solution SpeedTrack's solutions are based on an innovative new technology called Guided Information Access (GIA""). 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 a 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 &ot 17 `�' M • • 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, wiidcard 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 operand!, 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! GIA 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. SpeedTrack, Inc. Page 7 of 17 � 4 0 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. i. 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 of 17 r_3 • • 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 d 10 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 o Council district o Beat and Reporting District o Zip Code o Any other definable spatial group • Calls for Service • Call type • Call priority • Exact address, etc. 11, 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 -7 M 4. Hardware /Software Requirements 0 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): o Two dual or one quad core Xeon processors (2 ±GHz CPU speed). • Slower CPU speed will reduce performance accordingly. o 8GB or more of RAM for best performance and scalability. o 500GB 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. • 1TB 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 username 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) 1 GB RAM, however better performance is achieved with 2GB or more SpeetfTrack, Inc. Page f 1 of 17 �9 • • 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 clients 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. 9peedTreck, Inc. Page 12 of 17 9 q • 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, SOL 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. Verity 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 "ROAN" (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 SpeedTrack. Inc. Page 13 of 17 l .J �l 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 Leese 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 -61 • 0 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 trainer" 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 fogged 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. 73. 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 SpeedTracWs 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. SpeedTrad4 Inc. Page 15 of 17 3�_ Cost Quote 8. 1. costs 0 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. Development /Set -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 project cost. Total CRIMeS and DFAR Solutions: 1 $50,000.1 $17,500.1 $17,500. Service Maintenance, Upgrades (normally 30% of Year 1 costs, or $15,000 ) $0. $0. $0. Grand Totals: $50,000. $17 00. $17,500. 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 t 10,834 2. At Beta: $10,833. Invoiced upon installation of operational Beta version, 1/3 of the implementation, pro-qramming 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 up cost 8.2. Software License The yearly software license is $17,500, renewable on the 1 5' of the month, 12 months after the issuance of the purchase order and every 12 months thereafter. 8.3. Systems Integration (Knowledge Engineering) & Implementation SpwdTra&. Inc. Vassar 17 3 3 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 .... -- • 11 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. Jerry Lewak, CTO If Licensee is unable, to mach 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 lodging 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: Page 13 SpeedTrack Software License AgreemenL04- 1310.npb rev doc 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 Page 14 SpeedTrack Software License AgraemenL04- 13- 10.npb rev.doc IM 0 0 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 tern 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. Page 15 Spe9dTrack Software license Agreement.04- 13- 10.npb rev.doc 37 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) Soeedfrack.lnc. (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 adminlatraWn of criminal justice functions (e.g., dispatching functions or data processingflnfon»ation 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- spedfied 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 CJ/S 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 enforee: 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. Page 16 SpeedTrack Software License Agmement.04- 13- f0.npb rev. doc 3 0 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 CLEFS 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 Employee/Volunteer Statement Form prior to operating or having access to the CLETS computers, equipment or information. In accordance with the CLETSINCIC 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 shag 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 CJ IS Security Addendum; (2) the NCI 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 harts 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 contracL 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) Name and Title Date SPEEDTRACK, INC. Signature (private contractor) Print Name and Title Date CLETS PPP, rev 2/09 Page 17 SpeedTrack Software License Agreement04- 13- 10.npb rev.doc 39 L ATTACHMENT D • EMPLOYEENOLUNTEER 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 SpeedTreck, 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 anindividual'&We rightsand A4etates- thelaw-andforCLETS- policies. Penal Code (PC) section 502 prescribes the penalties relating to computer crimes. PC sedans 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. Goverment Code section 8200 prescribes the felony penalties for misuse of public records and information from the CLETS. Califomis 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 employeelvolunteer 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 Page 18 SpeedTrack Software License Agreement 04- 13- 10.npb revdoc Print Name q0 • 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. CurenLertifEcation of !ssnses at- all<times 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.subrogat!on 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 Page 19 SpeedTrack Software License Agreement.04- 13- 10.npb rev.doc q1 11 0 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: L 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, shalt be considered excess insurance only and not contributory with the insurance provided hereunder. iii. 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. rmely 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. Page _20 • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT c N J94o- ioo��� � JAN it 6 20 10 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: 1. 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 dose of each month, supervisors are required to manually review • Approval to Purchase Software fogaily 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. anew. 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 fo0aily 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, Lreutenantt Support Services Division Submitted by: q&zbnl=�- 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 Speeffrady Inc. November 2009 Sole Soume Justification Miles Yano, CEO SpeedTradc Inc. `es Yano SpeedTmck,Inc. 19713 Yorba Linda Blvd. #197 Yorba Linda, CA 92886 714.693.7289 PH 714.693.2954 FX Contact: Miles Yano, Chairman and CEO miles@speedha&com direct 714.693.7289 1.. Sole Source Justification SpeedTrack, Inc. is a privately held California corporation which has invented and patented an entirely new data management system. This is achieved by our patented technology, designed specifically for managing and analyzing information in the networked world. Current data management systems were designed 40. years ago to work with mainframe computer systems requiring a rigid data structure, making theminfleidble_, and costly to maintain. No other crime analysis. software system software we know of today utilizes our approach and technology platform. If any company is displaying its information using the overlapping category approach (non - hierarchical) and the simultaneous display and shrinking of associated categories and items from the data population then they would need a license from Speedfarck or would be in violation of our LIS patent #: 5,544,360, 6,826,566 and 7,236,972. Police departinents spend millions each year to integrate and analyze information vital tD solving crimes. Over. the years most PD's have accumulated a variety of software programs to handle different aspects of ttheir business. The result is information that is stored in databases which cannot easily be used to analyze information on the fly. Current data integration software projects ran into the.miltions with the licenses ranging from $250K -$1M+ plus Implementation fees casting an equal or higher amount. On -going maintenance and IT support can tack on an additional 15 -209% per year. Additional costs arise. because the software applications are inflexible in handling new disparate information. Consequeritly, the systems need to be continually customized at significant additional Cost. The IT staff is constantly writing new programs to extract relevant information which was not planned for in the Initial design and this requires having unique programming experts for each application. These costs are the result of the inherent limitations and complexity of using Relation Database Management Systems. The Underhrfna Problem: Current data management systems .require that all the questions to be answered must be known before the system is built, If the questions change, the system will need to be rebuilt. This results in rigid software applications written for each specific use even though they share the same information. With the Increasing amount of new information that is constantly' being captured it is 'impossible for the current systems to be fast enough and flexible enough to keep 'up with the changing' information and -W anticipate all the possible questions that might be posed. T He bottom line as it relates to the underlying technology of current law enforcement software applications is that these were not designed to handle the growth -or diversity of the information generated in today's environment �^needTradc's Solution: A completely new data management system, specifically designed to store and retrieve any, type of digital information from multiple sources, is what SpeedTrack has engineered and can provide you at a modest cost. Our patented technology provides a technological capability not offered or even available from any other known company The benefits are: • Eliminates replication of data • Eliminates rigid data structure • Automatically creates the answers to the questions • . Integrates all types of disparate (digital) information into one place easily and automatically • Versatile Thin Client application suitable for corporations, PCs, handhelds and wireless devices • Inherent sapability with minimal hardware additions FacBtates easy programming changes and maintenance • Reduces hardware requirements for existing commercelenterprise 'software applications • .Lowers cost of ownership and improves software performance by 10X I-ona Beach Police Department• tong Beach has Implemented the CRIMS and ERMS systems pioneered by SpeedTradc. CRIMeS provide extraordinary investigative search capabilities. trend. identification and workload monitoring tools that are of particular interest to hmestigators, crime analysts and patrol officers, as well as police management ERMS was developed to capture and analyze important administrative data that facilitate comparisons of various performance metrics among employees and - work groups. Both systems Support the early identification and recognition of -trends so that proactive responses can be developed and rapidly Implemented. The applications. are based upon SpeedTracVs unique patented technology which provides a range and level of service unmatched in the industry.. 2 0 TABLE OF CONTENTS 0 NEWPORT BEACH POLICE DEPARTMENT DAILY FIELD.ACTNITY AND CRIMINAL INFORMATION ANALYSIS PROJECT .................................................................. ............................... 3 OBJECTIVE............................................................................ ............................... 3 COMMENTS/ISSUES TO BE ADDRESSED .......................................................... ............................... 3 . . 1 GENERAL' .......................................................................:............................. .........:....................4 2 OVERVIEW OF THE SPEEDTRACK SOLUTION ......................................... ..............................4 2.1 Analyze Data ............ .............. . .......... . .................... ..................... »...... .................. 5 2.2 Assist in Communication ......» .............................................................».................. ............................... 6 3 SPEEDTRACK SOFTWARE .....:...............................................................:... ..............................6 3.1 Client Side Software ............. .. ... » ........................... » ............... .. ................. » ......... » .... .:.......................... 6 3.2 Server Side Software .............»...».......................................»:. ............................... .......................6 3.3 ' Download of Data Extraction Capabilities... ..... » .» ». »..» » »..........7 3.4 Data Management Abilities .... ».»..» .......................................»............................... ................................ 7 3.5 Spatial Analysis Capabilities .. ........... .. ........................ :................ :.......................... :---------------------- :....... 7 3.6 CompStatFrepacationTechniques .. ...................... .. ... »_ .......... .» ..... : ...................... v ....................... 7 3.7 Compatibility with Other Analytical Applications . ................. ». .... 8 3.8 Mapping Compatibility with Google Earth, ESK AILS or Other Mapping System Software ....... 8 4 HARDWAREISOFTWARE REQUIREMENTS ..................:.:.......................... ..............................8 4.1 Server Hardware .... : .... .. ............. » ............................... » .... ». .... :. ....... _.. .................... : ... :. ..... ... ........... .: .... 8 4.2 Server Operating System-........... . ................................ ........... . ........... ............................................ 8 4.3 PC Client ............ ............................... .. ......... ... .. ». »:.............. »................... »... . »..8 4.4 Server.Access...........: . ».... 8 5 INSTALLATION PROCESS .......................................:................................... :.............................9 6 IMPLEMENTATION SCHEDULE ....................................:.... s......................... ..............................9 7 DATA MANAGEMENT AND STORAGE CAPABILITIES ..::......................... .:...........................10 7.1 Product Iategration.Capabilities for.Extracting Data from PM and CAD ................ :...... »............10 7.2 Data Storage Capabilities ...... ...................................... ............................... ............ »..... ...10 8 OTHER SERVICES AND SUPPORT ............................................................ .............................11 8.1 Training Plan ............ ............................... ..... .................... ». » ».. Il 8.2 Security Measures ............. ...... »... ................. ».. .:....................... .......... » ».................11 83 . Support. Maintenance and Product Updates :.........................:..::.........».............» »....................:.......11 8.4 Product Upgrades. .............. ......... I ... ........ ».. ...................... ...................... »... »..13 9 REFERENCES ............................... ....................... ....................14 10 QUALIFICATIONS ........................ ..... 16 11 PRESS RELEASE ..:........................................:...................:........................ :.:.:........................18 Confldenfal SpeediracK Im Page 2 of 1 e Newport Beach Police Department Daily. Field Activity and Criminal Information Analysis Project Objective Capture the information associated with each officer's daily activity and. integrate it with data contained in CAD and RMS: This will improve documentation and analytical capabilities, and in- turn improve resource management (staffing and deployment) and policing strategies and tactics (response and call management, problem oriented policing, etc.). Comments /Issues to be Addressed • Daily Feld Activity Report (DFAR) — each officer is currently'Yequired" to maintain a log of their daily activities on the DFAR (attached exhibit). The DFAR is maintained in a FileMaker application on each officer's PC. The individual DFAR's are printed'out and forwarded to the respective supervisors. Supervisors then roll the information contained in the . individual DFAR's up into summary reports for analysis and resource :management. o There is no central electronic repository for the information captured on the DFAR's. o There is no standard procedure for the officers to follow regarding how .the information for the DFAR is captured/in put. Some officers maintain the DFAR as each daily activity is completed/cleared; others wait until the end of the shift to fill in their recollection of the day's activities. o There is a perception among the officers that the DFAR is a waste of their time and does not provide value. To the extent that current methods do not change, this perception is likely to continue. o Consideration is being given to having dispatch capture field activity rather than having officers complete the DFAR.. This 'raises, other questions or challenges relating to communications workload, standing requirements, and.potential concerns with accuracy of the data. . • There is inoonsistency.or lack of standardization in reporting final disposition or Bearing activities with dispatch for entry into the CAD system. In addition, for approximately 12% of CAD entries, the dispatchers :over ride the standard entry code.. Such inconsistencies in the CAD entries make it difficult to report, analyze and manage resources. • All incident reports are scanned and stored in PDF format in a central repository. o ST could possibly OCR the pdf's to create a searchable text solution. Issue Solutbn Comment DFAR Repository Create a central repository for the . May be able to take advantage of the DFAR data FileMaker formallapplication already established. Important to ensure that a UI is associated with each activity to link . DFAR to CAD and RMS data No SOP for WAR Input Create and fix accountability for . Culturalloperational issue. It is critical adherence to SOP's for DFAR that NBPD establish and adhere to input operational SOP's in order to ensure that data is captured oonsistentl . SOP's Iaddng or not adhered Create.00 reports SOP Cultural/operational issue. to for cIsoatchdataent standards for data entry SOP's lacking or not adhered Create QC reports and fix Putturat(operational issue. to for officers to dear responsibilitylaccountability for activities with dispatch SOP standards for officer to adhere to Unable.lo search incident OCR text pill's for search' solution Need to better understand this process reports and obtain a sample of scanned reports for test/POC. Connden6al:. Speeffrack, Inc. Page 3 of is 1 General The Newport Beach Police Department is seeking an automated crime analysis program to idenfrfy, analyze and communicate crime patterns and trends easily and efficiently. This program will be used by the Newport Beach Police Department in conjunction with the Records Management System, Computer Aided Dispatch and other FileMaker databases as necessary to create the Daily Activity Report. 2 Overview of the Speeffrack Solution SpeeclTrack'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 51' 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. "SpeedTrack's technology enables a level of information and data analysis which 1 had been seeking for over 20 years. Without question, this is the most cost effective and efficient technology avallable. One of the best features is that SpeedTrack doesn't require fhe replacement of existing systems or databases, so:there is no disruption to ongoing operations." Joseph Brann, Founding Director. Office of COPS, US Department of Justice 'Criminal Information Management System (CRIMeS) - Crime Analysis Solution CRIMeS is a simple, straightforward, innovative crime analysis,and'investigative software application which links data systems :together. Once CRIMS has associated Computer Aided Dispatch (CAD), Records Management System_ (RMS), and other criminal databases then crime analysts, Investigators, patrol officers and command staff can intuitively. identify and analyze patterns and relationships between calls for service, people, incidents, vehicles, locations, MO's, etc. to solve crimes and establish prevention strategies. What Patrol Officers, Investigators, Analysts and Command Staff are able to do with CRIMeS Decision makers 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: • 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. • .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, number, etc. • Call for Service analytics: Units on Scene, Response Times, Cost per Call. • Search of all free text fields, reports and remarks. positional plate confidential' 9peeclTrack Inc. Page 4 of 18 In order to recognize the value created by the GIA platform, you 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 you. 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 predefined data summaries designed to produce predetermined types of answers (e.g., residential burglaries per quarter by'region). Asa 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 "noi hing found" with no guidance on 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) GIA GIA's primary focus is to show you every answer that exists, in your data, and let you decide'whats 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. 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 unlque 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. indentify previously hidden information by allowing the user to navigate information from the RMS and CAD systems 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._ cWace ilam spewrrrwk, inc. Pap 5 d ha 22 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. 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 client's machine. Updates to the application are made each day when the users login into GIA. 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'usirig 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 1Ws). 3.2. Server Side Software The GIA Server is a C ++ application that is run on a Windows web server. The GIA CompStat Server stores the metadata and text files required-to perform all of the search, analytics and reporting queries received from the GIA CompStat Client. The GIA CompStat Server contains the metadata of the RMS and CAD 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.whioh 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 eery 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 CompStat Server more efficient. CioMMe roal SpeWracl4 Iris. Page 6 of 18 3.3 Download of Data Extraction Capabilities We have a data extractor which. can extract all fields from all files designated, in a delimited text file fomiatfor: + SOL • 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_applicatrons. We can easily configure the data export and map to their data formatting requirements. 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 delimfted format. 3.5 Spatial Analysis Capabilities Our solution allows the dataset from ANY of the standardized and ad-hoc .queries to be mapped to Goggle Earth; "Microsoft Maps . and any other mapping program available whose API is compatible with SpeedTrack's output capabilities. Spatial maps can be .done for any and all groupings of data to .include but not limited to: • . Incident.types • Incident crime Gass categories, Type I, II, etc. • Geographic region o Council district o Beat and Reporting District o Zip Code o Any other definable spatial group • Calls for Service o Call type " o Call priority o Exact address, etc. These -analyses can encompass any and all of the possibilities available in your data. 3.6 G_ompStat Preparation .Techniques Almost all of the 'CompStaC type of reports can be automatically generated by. the SpeedTrack application and will not require ANY user interverdion to create. As an additional feature we can have these reports automatically e- mailed to the analysts and other management staff as requested. The differenfiating advantage of the SpeedTrack application is that it allows the exploration (via intuitive ad -hnc queries) of the data in a manner which will uncover sighificant 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. No need to use third party" reporting tools such as Crystal Reports, Access, etc. . Cafidentlaf SpaWrark Inc. Page 7 ar 18 • . .• 3.7 Compatibility with Other Analytical Applications SpeedTraok ban 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, 3.8 Mapping Compatibility with Google Earth, ESRI, ArcGIS or Other Mapping System Software See section 3.5 Spatial Analysis Capabilities above. 4 Hardware /Software Requirements The following hardware and software is to be provided by the customer and is not priced in this order. We strongly recommend a dedicated server with only SpeedTrack GIA Server loaded. 4.1 Server Hardware • Minimum requirement (small size implementation): o One or more dual core Xeon processor (2+GHz CPU speed). Slower CPU speed will reduce performance accordingly., o . 8GB of RAM for best performance and scalability. .. 0 250GB or more free space on a hard drive. • Recommended requirement (medium size implementation):. . o Two dual or one quad. core Xeon processors (2 +GHz CPU speed). Slower CPU speed will reduce. performance accordingly." o - BGB_or more of RAM for best performance and scalability: o 500GR or more free space on a hard drive. • Optimal (larger size implementations): o Two or more quad core Xeon processors (2 +GHz CPU speed). Slower CPU speed will reduce performance accordingly. o 16GB or more of RAM for best performance and =[ability. o 11713 or more free space on a hard drive. 4.2 Server Operating System Windows 2003 Standard or Enterprise Server or XP Pro utilizing IIS. 4,3 PC Client Windows 2003 or XP Microsoft Internet Explorer 7.0. or higher Java 1:6 or. higher Adobe Reader: MS Office (Excel) or compatible system for viewing output data tables (optional) 2GB or more of RAM 4.4 Server Access SpeeciTrack requires direct VPN access to the server for maintenance activities. ConMential Spw frra* Inc. implementation, troubleshooting and Page 8 d t8 • 0 5 Installation Process The physical installation of the application software simply requires VPN access to the SpeedTrack server to download the program files. SpeedTrack then performs the basic tasks listed below as part of installation process. Some of.the integrationfinstallation tasks which need to be performed are as follows: 1. .Extract.data from CAD and RMS in text file format (csv, pipe, or tab delimited). We can extract only the data fields. defined or extract all data fields which exist in each of the databases. We recommend extraction of all data so we know what exists within each database. Each file from each database will be kept separate and in its native extracted form. 2. Perform generic data cleansing. . 3. Analyze the data, including extraction of all unique data values for every file. 4. Create an overall "vocabulary" for each field of data by. combining the data values from the different databases, including selection of data types, ranges and aggregations required. This is the basic metadata.cloud from which the GIA server operates. 5. Create a list of synonyms for the vocabularies. 6. Define and create the - various client GUI layouts, this involves defining which groupings of data are contained within each client GUI. 7. Define layouts and create the necessary reports in conjunction with your CompStat requirements. 8. Perform_.verification and.: alpha, beta and user acceptance testing prior to' roll -out. Define administrative functions, user lists, passwords, and procedures for use. 9. Implement exception reporting for problemsfbug fixes. 10. Implement auto data update: 6 . Implementation Schedule While timelines for implementations can vary., it is anticipated.that we will have a beta version for user testing. within. 60 days of. receipt ...of the. data. SpeedTraek's believes in continuous process improvement and as such ailows.two'such beta versions to be tested before going live into production. 1. Maet 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 fisted below based upon a detailed understanding of the end user requirements. - 2. Review of the RMS, CAD and FileMaker systems and establish the most efficient data extraction methodology. Discuss user habits and desires re: investigative and crime analysis capabilities desired of each system and for the combined data analysis capabilities. 3. Data Extract: Download," data. to CSV, pipe. or tab deNmited text files per SpeedTrack documentation. SpeedTrac k.has its own data extractor for Oracle, SQL and Access databases (others will be written as needed) and can be used to extract data for this.project. 4. Review Data Extracts: Receive and Joad data onto the GIA 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 not fy the customer of any discrepancies. Extract file and field names for all data. 5. Generic. Data Cleansing: Perform generic data cleansing -to generate "clean" CSV files. Extract a. sample of each file and check the cleaned data. .Confider�al SpeedTrack Inc. Page 9 of 18 0 6. Thorough Data Analysis: Using our "HOAid" (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. 7. 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. 8. 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 devetoped at the idek- off. meeting. The vocabulary will be selected from the actual data values extracted from the databases. A list of privacy data will also be collected and used to prevent the display of these selected data field values. 9. 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 oomplated, the resulting matrix will be the core of the implementation process. 10. Creation of various levels of data .access: If necessary prepare the required number of "views" into.ft-data to accommodate the desired levels of data sharing. . II Creation of the. GUI(s):. 'Starting. with the basic GUI, create the set of .tibs and selector groupings based upon the users initial input and feedback. Edit the definition file with final adjustments and create the application configuration file. 1.2. Validation Testing: Forma user group to test the usability of the application,. collect comments and recommendations:: Spee frack will perform requirements validation testing to ensure all requirements are met. 13. Repeat process to incorporate new data or requested changes. 7 Data Management and Storage Capabilities 7..1 Product integration Capabilitles 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 systerm .9 allowed,: we can perform this function on an automated basis, either downloading changes to the databases (add, modify or deletes), or downloading the entire databases periodically, if practicable. 7.2 Date Storage Capabilities The individual RMS and: CAD.flatfiles will be stored on the GIA Server, the data itself will be accessed through either the ReporCServer via an existing report. or directly from the clienfs 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. Confdentlal . Speedrrack Inc. . Page 10d 18. 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. 8 Other Services and Support 81 Training Plan SpeedTrack employs the 'train the trainer concept, once acceptance testing is completed. Users are typically trained in,a 30 minute class which consists of a short functionality walkthrough, .then several example searches which demonstrate thefeatures. Training materials will be developed as required. SpeedTrack will hold the number of required classes during acceptance testing to ensure that the users And administrators are qualified to use the system. SpeedTradi will create materials for train the trainer sessions (materials, local in -office training, and remote training via GoToMeeting). • Create training documentation for each implementation . • Training materials will be located in the Help menu Conduct a. "train the trainer" session;, in -office for local end users, or GoToMeeting for remote end users 8.2 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 I 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. 8.3 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.produet 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 SpeedTracWs business, are provided. to.customers as consulting sendees. "Ali. example of consulting services may include, but are.not limited to; custom application development; data warehouse design, requirements analysis, andlordatabase 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. Confidendai Speecrrrack, rnc.. Page 71 of i8 8.3.1 Technical Support SpeedTrack's Technical Support staff is committed to responding to and resolving customer issues in a manner whicti.satisfies our customers. The objectives of Technical Support are the following: • Keeping customers informed of the status of their issues as those issues are being resolved. • Keeping customers informed of the status of upcoming: production releases and maintenance versions. Providing customers with a mechanism for escalating issues. . Our policy is to meet the following response objectives: • Answering .customer contacts directly, whenever possible; otherwise, acknowledging all contacts within four business hours. Responding to each issue immediately whenever possible; and, otherwise, responding to the customer within one business day, with details on SpeedTrack's progress in resolving the issue and/or intended plan of action. • Notifying each customer within one business day when the status of any of the customer's feature request or ongoing issue changes,.or when a fix for any of the customer's issue or feature.-request is ready in a new version of the software: • Consider an issue to be resolved only when -the customer understands and agrees with the actions that have been taken and the consequences of those actions. Telephone support from the United States office may be obtained by a Customer's Support Liaison (as defined Below) in the following ways: • Phoner (858) 481 -7199 7:30 e.m. - 6:00 p.m: PST; Monday through Friday on non - holidays • Fax; (714) 693 -2954 • E -mail: support@speedtrack oom • Message:,.(858)481 -7199 If. a customer is unable to reach SpeedTrack Technical Support by phone, a voice mail message may be left. When leaving a voice mail message, the following information should be provided: ..Name Company • Phone Number • Fax number ('if applicable) • E-mail address • SpeedTrack software products), including software version and product registration number(s) • The specific issuelrequest at hand Upon logging an issue, the Customer's Support Liaison will receive an issue identification number for future reference. A "Support Liaison" is defined as a person .whom the Customer ha&: designated as a point -of- contact with SpeedTrack's support personnel. The Customer mustdesignate a single_ employee to serve as the Support Liaison. The Customer, may change its Support Liaison on occasion, 0 necessary, so long as it provides written.notioe.to SpeedTrackof such change. .confidential Speedrrack, inc. Page 12d 18 8.3.2 Prioritization of Issues 0 Priority levels are assigned to each issue during the initial call, whenever possible. Our objective is to assign a prioritization level to all issues within one business day. These prioritization levels are used to ensure that important issues are resolved quickly and determine the escalation procedures for an issue. Priority 1: A .production system is down or severely impacted as a result of a SpeedTrack software .product. Examples include, general protection faults (crashes), corrupted or incorrect .data, or connection problems due to the software. priority 2: Customer has a serious issue with a feature necessaly to its work for which it has discovered no work -around and which completely prevents the feature from being used. Priority. 3:. Customer has a serious issue with a feature for which a.work -around exists, a minor issue with a feature for which no work- around exists or a critical usage question. Priority 4: Customer has a minor issue with a feature for which a wotk-around exists,. a usage question or.a high priority enhancement request. Priority 5: Customer has a minor question, issue or enhancement request 8.3.3 Support Escalation Procedures SpeedTrack Technical Support will attempt to resolve, as quickly as possible, all technical support issues and questions regarding the products. However, if the customer is not satisfied with the responsiveness or. the quality. of the suppoq received, the customer may indicate a desire to escalate the priority level of an issue. If the customer 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. Jeriy'Lewak Chief Technology Officer, SpeedTrack Ph:(858) 481 -1584 e -mail: jerzy@speedtrack com If the customer is still not satisfied with the response of SpeedTrack in handling the technical issue, then the second level of escalation will be to contact: Mies Yano: Chief Executive Officer, SpeedTrack Ph:(714) 693 - 7289 e -mail: miles@speedtrack com Customer 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. '8.4 Product Upgrades Technical Support includes free 'product updates.(as such term. 1s.defined in the Software License Agreement between the customer and SpeedTrack). Con4don4al .. Speerrwk hno. Page 13 of 18 9 References Long Beach Police Department Detective Richard'Bell (562) 570 -7065 ' Long Beach, California . 900+ sworn officers Detective Richard Bell oversees our Criminal .Information Management System (CRIMeS) currently in use at the Long Beach Police Department'(LBPD). SpeedTracWs CRIMeS application has been live at Long Beach since early in 2002 and provides ad -hoc investigative and crime analysis capability for all the Tiburon RMS data and is integrated with the City parking citation database as well. The current CRIMeS application has produced excellent results and has helped solve several major cases: Currently the system satisfies the majority of the data extraction, integration, search and analysis requirements of any police departmentfservice project within the department. All Command Staff, Patrol, Investigators,. Detectives and Crime Analysts have access to use: CRIMeS once they complete the 30- minute training session. CRIMeS training has been given-to a majority of the LBPD staff and classes are ongoing on a continual basis according to the needs of the Long Beath Police Department. CRIMeS is a stand -alone client server architecture, accessed using a browser (JAVA application). CRIMeS extracts the raw data in text format from the :Tiburon server, then processes it to provide full analysis capability on all client specified fields such as:.: • Persons . • Vehicles • incidents Citations. • Addresses • Geographic locations • Phone numbers • MO's It is also integrated with the City's panting citation data, which comes from a legacy database. The resulting metadata is. stored on the SpeedTrack CRIMeS TIE Server. Our SpeedTradc TIE -Server application automatically performs complex analytics such as dynamically. displaying the number of records which contain a .certain .data set of categories and simultaneously. displays the remaining associated categories and their frequency of occurrence. At the same time, the application computes and displays the population of records (titles only) after each category _ selection. The user has the ability to generate complex Boolean queries (loth conjunctive and disjunctive) by simply selecting the desired categories while simultaneously seeing which data categories are available and the associated remaining items. ALL .queries from every CRIMeS implementation will return a . positive result. There is no guessing as. the user is displayed with choices and all remaining values to further refine their search. . Project Background: SpeedTrack has. been. working with the Long Beach Police Department (LBPD) since mid- June 2001 developing Criminal information Management" System, (CRIMeS), utilizing. its patented data integration/database technology to provide powerful ad -hoc querying, data anatytics and data mining capability to departments " "andAhe, personnel who need -that .data.without requiring. special technical skills. CRIMeS integrates information from multiple disparate databases and displays the'information to the user via a "graphical user interface (GUI). This makes the system intuitive and. effective in CaMidenval Speedrrack Inc. :: Page 114 of 18 performing investigative tasks by iterative "analysis of data, and provides rapid response to a near unlimited variety of queries. All Officers (users) can be experts, able to generate complex Boolean queries and basic data analytics by simply pointing and clicking on the categories of interest. Initially LBPD provided SpeedTrack with data from their citallons,:vehicles, property, bookings, persons and main -incident tables. The total number of records was 450,000. Our GUI provides a simple view into all of the available-data. The user simply selects the data categories they want integrated, in any order, for any range of values and instantly thepopulation is reduced to just the associated records and remaining category choices. This allows the intuitive navigation of .huge amounts of data within seconds, and transforms the average computer user into a powerful data miner, simply by clicking the mouse.:. This phase of the project from data availability to SpeedTrack to first beta version took approximately eight weeks. The rest of the time was for the SpeedTrack team to become familiar with the terminology and to, conduct user interviews to formulate the initial GUI. The production version of CRIMeS at LBPD is fully functional and has over 4.5MM incidents from RMS, integrated to include data on persons, citations, vehicles, bookings, incidents, MO's, addresses, phone numbers and crime class_ Information. The.user response has -been outstanding with several officers interviewed stating that. with this technology they could reduce their data analysis time nearly an order of magnitude and can perform ad -hoc queries not previously available. We have implemented an automated weekly update feature: "and are working: on a: daily update process. We have also integrated Long Beach City's parking citationAatabase into CRIMeS for a more comprehensive view into criminal activity. Durham Regional Police Department . Christine Robson, Manager Information Technology (905) 579 - 1520 x3318 Ontario Canada 839 swom officers SpeedTrack CRIMES application has been in production with front line officers and Crime Analysts at Durham Regional Police Department since late 2003 The CRIMeS implementation is similar to the one Used for Long. Beach Police_ Department with the .exception that an implementation is being done for "CAD, two RMS systems (legacy PRC and new Versadex) and a field reporting system (Direct Entry, home grown system). We implemented each system individually and integrated the individual systems when the:alstomer required the capability: The CAD and: RMS systems are Northrop Grumman, PRC and the Field Reporting System is home grown and feeds the RMS system. CRIMeS is a stand -alone client. server architecture, accessed using a browser (JAVA application). CRIMeS extracts the raw data in text format from the PRC server and field reporting server and then processes it to provide full analysis capability on all client specified .fields re: persons, vehicles, incidents, citations, addresses, geographic locations, phone numbers, MO's, report narratives, etc. The CRIMeS implementations for Durham's crime analysts have been extreme.- For their Direct Entry system they wanted every field of data to be available Jor search. We were able to accommodate this with our system. What does available mean? For-each field of data, . we show the user every unique field value, then associate each field value with every. other value from every other field in.the database. This represents for Direct Entry over 700,000 different data values, which are associated with each. other and can be analyzed in a pure ad- hoc.fashion. For a typical relational database system, this would mean that they would have had to index every data value within their database and to build relationships with every other record and value, which is neither practical nor cost effective. We have done nearly the same for CAD'and RMS. Our system eliminates this time consuming and expensive step." We.atso "made " availabte the extensive vocabulary in the narrative reports contained in the databases. The result is a very intuitive and easy way to search multiple narratives to find records /reports; which oontain.the words you are seeking.. cafte .6al SpeeciTrack Inc. Page 15 of 18 After several iterations we have narrowed the number of fields down to a more manageable level post implementation vs. several hundred at the initial project start. Project Background: SpeedTrack has been working with the Durham Police Department (DPD) to implement CRIMeS, utilizing its patented data integration/database technology -to provide powerful adhoc querying, data analytics and data. mining capability to the officers. This makes the system intuitive and effective in performing. investigative tasks by iterative analysis of data, and provides rapid response to a near unlimited variety of queries. Ail Officers (users) can.be experts, able to generate complex Boolean queries and basic data analytics by simply pointing and clicking on their categories of interest. Durham RMS and CAD is a Northrop Grumman PRC system. Durham had recently changed vendors to Versadex CAD and RMS system. They will be exporting the Versadex CAD and RMS data to text files and then will continue to utilize the SpeedTrack CRIMeS application to perform the required ad- hoc queries and reports.. Additionally, CRIMeS will bridge between the historical CAD and RMS system to the new CAD. and RMS system; thereby allowing.the users total transparency for searches regarding all stored criminal information. York Regional Police Department Ron Huber, Manager information Technology (905) 830-0303 x7948 Ontario Canada 978 sworn officers At York Regional Police'Department, SpeedTrack implemented the CRIMeS application for its legacy PRC RMS and CAD system, allowing York to reduce their dependency on the old system. They will eventually be able to turn off the legacy servers and still be able to get access to and perform searches critical ta.calls.for service'as well as criminal investigations. The same CRIMeS system was implemented for the new Versadex AMS system providing- additional and powerful search capabilities to investigators, front line and crime analysts. Additional setvioes and capabilities were added, such as legacy record editing; posting. of legacy data to Canada's 'PIP system. This is similar to what was done for Durham and -what will also be done for Niagara in the very near future. Please see the description for Durham above.as the jobs were virtually identical in nature and scope. 10 Qualifications SpeedTrack Company_ Overview SpeedTrack, Inc. is a California Corporation formed_: in - July 1999, with the mission of making integrating, accessing and analyzing digital information intuitive, flexible and affordable. The corporate office is located In Del Mar, California. Our passion is helping clients "get to the Information." SpeedTrack has developed and been granted several patents for an entirely new way to integrate, navigate access, orange, analyze and view electronic information. Created from a user's perspective, SpeedTraccs patented "Technology for Information Engineering" (TIE), reduces the cost of integrating and. transfomung digital data into usable information by an order of magnitude, while increasing performance 10X. We have developed a software platform based on TIE that we refer to as Guided Information Access, or GIA. The.GIA platform dramatically outperforms traditional relational database architectures and technology in terms of cost, time, effort,.ease of use and efficiency. In addition, GIA allows users to store,.acoess, analyze and report on both structured and unstructured data. Data is integrated and . associated from multiple. data sources ..such that search, CLAP, knowledge management, business intelligence and business analytic applications can be . deployed without disturbing.the existing applications or databases. Confidential Speedrrack, Inc: Page'16 of 18 Team Blo's Inventor and Co- Founder, Jerry Lewak, Ph.D. Jerzy oversees all technical aspects of SpeedTrack, leading the activities in product. development, R &D and Intellectual Property. He is the principal inventor of the Guided Information Access Platform (GIA). Jerzy has developed over a dozen consumer software products including one of the leading word processing applications for the MAC, NISUS WRITER, currently used in 80 countries. He has been President and founder of Nisus Software for 24 years, developing software products for the Mac. and Windows operating systems. Dr. Lewak is a professor emeritus from the University of California at San Diego where he taught Electrical and Computer Engineering for 25 years. Dr. Lewak received his BS and Ph.D. in Theoretical Physics from the University of Manchester, England, and holds multiple software patents. Co- Founder, Chairman and CEO, Miles Yano Miles co4ounded.SpeedTrack in. 1999. He functions as player /coach for SpeedTrack responsible for general management and operations of the company. Additionally, Miles has .assembled the patent litigation and licensing team to spearhead infringement activities. Miles is also the co- inventor of two SpeedTrack granted patents and two patents pending. Prior to ' SpeedTrack, Miles' engineering background includes 17 years of aerospace, advanced telecommunication satellite design and project management experience.. While at Rockwell International, Miles was twice nominated for Engineer of the Year for his design and advanced research projects. As. VP. Business, Development for Irvin Industries, he helped double sales. As an entrepreneur, Miles has been involved in two high -tech start -ups. Miles :earned his BS in Mechanical Engineering from the . University of Hawaii and his MS in Engineering Management from the University of Santa Clara. Strategic Development, Jeff Pratt Jeff directs business strategy for SpeedTrack, and was responsible for acquiring the company's first commercial client. Jeff's background includes over 20 years of risk management experience with publicly traded financial institutions. Jeff has a reputation for innovative solutions to problems that range from designing and implementing database systems for I asset management, to the design and construction of an isolation table for microscopy (used in Cal Tech's Developmental Biology Department). Jeff earned.a BS in Biological Science from the University of California at Irvine, and his MBA from UCl's Merage School of Business. Chief Financial Officer, Dennis Lee Dennis is an accomplished financial professional with more than 30 years of proven experience with rapidly growing companies. Dennis is currently CFO for Health Research Association, a $15M year clinical trials management company. Formerly. CFO for DevelopMentor; a. leading edge software training company for corporations, he led a company workout/turnaround. Dennis has extensive start- up experience as a CFO for ETM, an entertainment ticketing. company, where he oversaw 5 rounds of venture funding ($80MM raised) and helped manage the company through the tough growth phases of $0430MM revenue and 200 employees. Dennis is a• licensed CPA and received his BS in Business'Administration from the University of California at Berkeley. Joseph Braun— Joseph Brann & Associates Joseph Brann is the founder and President of Joseph Brann & Associates. The firm specializes In the public safety arena, with a particular focus on Improving managerial performance .and accountability in police organizations and evaluating organizational and executive performance. From 1994 to 1999, he served as the founding Director and led the development of the Office of Community Oriented Policing carmential SpeedTfwk Inc. , Page 17 d 18 • 0 Services (COPS) in the U. S. Department of Justice. He was appointed by President Clinton to head that agency following passage.of. the 1994 Crime Act legislation. The COPS Office was responsible for advancing. community policing throughout the country by funding and redeploying over 100,000 police officers. Director Brann built this new agency to be responsive to and supportive of local government, resulting in a national reputation for delivering quality customer service; Joe holds .a Bachelor's degree in. Criminal Justice from California State University, Fullerton, a Master of Public Administration degree from the University of Southern California and is a graduate of the FBI National Academy. 11 Press Release SpeedTrack, Inc. forms Strategic Alliance with Joseph Brann, & Associates. Yorba Linda, Calif. (September 28, 2009) SpeedTrack, Inc. and Joseph Brann and Associates (JBA) have formed a strategic alliance to bring to market the most powerful and efficient solution for managing resources and improving performance for Public Safety and Law Enforcement agencies. "SpeedTrack's technology enables,a level of information and data analysis which I had been seeking for over 20 years," said Joe. Brann. "Without question, this is the most cost effective and efficient technology available. One:of the best features. is that SpeedTrack doesn't require the replacement of existing systems or databases, so there is.no disruption to ongoing operations." SpeedTrack is excited to be teaming up with one of the Top Cops in law enforcement. "Joe's expertise coupled with our ability to cost effectively integrate, search, analyze and report information is a game changer," said Miles Yano, CEO of $peedTrack. SpeedTrack shares JBA's goal of providing a complete systemic solution for Law Enforcement and City Govemments to enable efficient: management of resources, improved. productivity and reduced risk at an affordable prioe. About Joseph Brann and Associates JBA is a California firm headquartered in the greater Los Angeles area. Established in 2000, JBA works with Law Enforcement and Public Safety agencies to improve management accountability and organizational performance. Mr. Brann has had a distinguished government career at both . the local and federal level. In 1994 he was appointed by President Clinton to create and head a new federal agency, the Office of Community Oriented. Policing- Services. .(COPS Office), in the U. S. Department of Justice. That agency has provided more than $10 billion in grants to over 13,000 law enforcement agencies to support and advance community policing throughout the country. About SpeedTrack, Inc. SpeedTrack's Guided Information Access (GIA) software platform is spawning anew generation of information technology. Founded in 1999.by UCSD Professor Emeritus Jerry Lewak and entrepreneur Miles Yano, SpeedTrack is the leading developer of next generation faceted search and navigation technologies.: SpeedTrack's patented innovations improve information access for_ GPS navigation devices,. Business Intelligence solutions, eDiscovery and Search applications. SpeedTrack is headquart ®red in.Yorba Linda, California. For more information; visit www.speedtrack.com. confidential. _ $peWrack, Inc. Page la d is SpeedTrack, Inc. Newport Beach-Police Department .Quotation CAD, RMS and Was Initial Databases Set Up /Implementation Fee (includes programming required for DFAR). $100,000 orignal cost - 67.5% reduction Annual License Fee, Year 2 and beyond we include 100 hours of implementation 41rne to add in new data. 17.5% of total project cost. Total CRIMeS + DFAR Solutions Totals $17 i. unai KicK -otf upon your receipt of all our data: Annual License Fee + 1/3 of Implementation, prol 2. At Beta, 30 days'after project start: 1/3 of Implementation, programming and set-up = 10,833 3. In Production, 30 days after Beta: final 1/3 of Implementation, programming and set -up = 10,833 Notes This quote Is valid until January 31, 2009: Service, Maintenanca and Upgrades fee is waived in lieu of additional implementation hours for future add -ons $17,500.00 $17 $17,500.00 = 17.500 +10.834, 0 0 Hartford, Bill From: Miles Yano (miles @speedtrack.com) Sent: Saturday, January 16, 2010 7:52 AM To: Hartford, Bill Cc: Haro, Suzanne Subject: RE: SpeedTrack Scope of Work document OK. You have my permission to go ahead and use it. Best, Miles Yano, CEO /Co- founder SpeedTrack, Inc. www.speedtrack.com ph: 714.693.7289 fax: 714.693.2954 0 Confidentiality Notice: This communication, and any files attached, contains confidential information that may be privileged. The information is intended only for the use of the individual(s) or entity to which it is addressed. If you are not the intended recipient, any disclosure, distribution or the taking of any action in reliance upon this communication is prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by reply e-mail and destroy the original information. Thank you. From: Hartford, Bill [mailto:BHartford @nbpd.org] Sent: Friday, January 15, 2010 5:09 PM To: Miles Yano Cc: Haro, Suzanne Subject: RE: SpeedTrack Scope of Work document Miles, the scope of work will be part of the council package and therefore a public document that if your competitors go looking for it they will find it. Please let me know, Bill _ _._ .... .._._....._._.._._.__.__ ___._...__.__..__.___.._---.._ ...._.._- ..----..�- --_.._....._ From: Miles Yano [mailto:miles @speedtrack.com] Sent: Friday, January 15, 2010 5:07 PM To: Hartford, Bill Cc: Haro, Suzanne Subject: RE: SpeedTrack Scope of Work document M. Sorry about that you have permission to share this document with anyone with the need to know re: the project or with the city for use in procurement activities. Just not for public dissemination like to our competitors. Obviously the price will be made public. • • Best, Miles Yano, CEO/Co-founder SpeedTrack, Inc. www.speedtrack.com ph: 714.693.7289 fax: 714.693.2954 Confidentiality Notice: This communication, and any files attached, contains confidential information that may be privileged. The information is intended only for the use of the individual(s) or entity to which it is addressed. If you are not the intended recipient, any disclosure, distribution or the taking of any action in reliance upon this communication is prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by reply e-mail and destroy the original information. Thank you. From: Hartford, Bill [mailto:BHartford @nbpd.org] Sent: Friday; January 15, 2010 4:55 PM To: Miles Yano Cc: Haro, Suzanne Subject: SpeedTrack Scope of Work document Miles, I received an email from the Office of the City Attorney expressing their concern with utilizing your "scope of work document due to the fact you have classified the documents as "confidential." I will need you to send me an email giving me permission to present this document to our City Council as an exhibit to my staff report. As such, the scope of work document does become public record. I need your permission email by Tuesday, January 19`". Thanks, Bill Lieutenant William S. Hartford Support Service Commander Newport Beach Police Department bhartfordAnbnd.orP 949.644.3660