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Home My WebLink AboutApproval and appropriation of $290,000 for the purchase of 5 Dept. ID PD-16-013 Page 1 of 3 Meeting Date: 9/6/2016 Approved 4-3 (O'Connell, Katapodis, Hardy - No) CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/6/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Robert Handy, Chief of Police SUBJECT: Approval and appropriation of $290,000 for the purchase of 50 body worn cameras and an evidence management system that includes five years of data storage, and 50 mobile smart phones with data plans for use by patrol officers for evidence collection Statement of Issue: The City Council is requested to appropriate $290,000 for the purchase of 50 body worn cameras and an evidence management system, including five years of data storage. $25,359 was already appropriated in the budget for the purchase of body worn cameras. The total amount for this purchase will be $315,539. The purchase will include 50 mobile smart phones with data plans for patrol officers to use the evidence collection and management system included with the body cameras. Financial Impact: The funds for this request are available in the Supplemental Law Enforcement Services Fund (SLESF) Fund 984. The Police Department was awarded a reimbursement grant from the Edward Byrne Justice Assistance Grant (JAG) for the purchase of body worn cameras in the amount of $25,359 that has already been appropriated into the existing budget Fund 1232. Recommended Action: A) Appropriate $290,000 from the Supplemental Law Enforcement Services Fund (Fund 984); and, B) Authorize the Chief of Police to purchase 50 TASER Axon body worn cameras, supporting equipment, with five years of"Evidence.com" data/evidence management system service, and 50 smart phones to with the first year of a data plans to accompany the body worn camera devices. Alternative Action(s): Do not approve the appropriation and direct staff accordingly. Analysis: Advancements in digital video camera technology have created the capability to equip our uniformed officers with body-worn cameras which are reliable, easy to use and cost effective. The Police Department's field personnel have been using digital audio recorders for several years to record suspect statements, witness interviews and noteworthy encounters with members of the public during law enforcement activities. The Police Department wishes to stay current with advancing technology and implement body-worn cameras. The capture of video evidence during police related contacts will greatly enhance the Police Department's capabilities in gathering and preserving the best possible evidence and will serve as another layer of transparency and public Dept. ID PD-16-013 Page 2 of 3 Meeting Date: 9/6/2016 accountability by providing a more detailed account of events. In terms of evidence collection, the cameras will provide an invaluable record of statements, physical evidence and even actual events during and immediately following crimes in progress and other critical and dynamic incidents. The capture and recording of these critical incidents and police related encounters will serve to further strengthen our relationship with the community. The Police Department has been researching body worn cameras for the past few years and watching as the technology and ease of use has continuously improved. Last year we conducted a ninety-day evaluation trial which successfully showed the value of a body worn camera program to our police officers. Police officers from various shifts and assignments volunteered to evaluate TASER Axon Inc., VieVu LLC, and Watchguard Vista video camera products. From the police officers' feedback, the TASER Axon system provided the best results combined with ease of use of the systems evaluated. Of all the systems evaluated internally, the TASER Axon system also required the least amount of technical assistance or support from Information Services. A thorough and comprehensive formal bid processes for body worn camera systems was recently conducted by the San Jose Police Department. It was conducted between November 20, 2015 and May 20, 2016. A total of 115 companies viewed the RFP, and eight proposals were received. At the end of the process, the contract was awarded to TASER International, Inc. by the San Jose City Council. Staff is recommending accepting the San Jose Police Department's RFP and award decision as an interagency process. Information Services has initiated a network upgrade to City Hall that will accommodate the increased network requirements of uploading/downloading videos from the body worn cameras. There was an existing need for the network upgrade that will be completed with this project. This initial upgrade is funded by the existing Police Department and Information Services budgets. Also, the Police Department has exchanged a vacant Administrative Assistant position for a Community Services Officer to assist in the processing and managing of the increased digital evidence that will be created by this body worn camera project. The funding difference for the position exchange is $9,069 annually which will be absorbed by the Police Department budget for FY 2016/17. This will become an additional personnel cost in following budget years. To enhance the officers' ability to view BWCs remotely in the field, appropriately tag and log them as evidence, a smart phone is beneficial. This allows the officers to be more efficient and not need to return to the station and log into a computer for managing the evidence. A smart phone for a patrol officer adds other features such as accessing information remotely in the field, contacting victims and witnesses, and accessing other department information remotely. The purchase of the phones and cases is $9,275. The City of Huntington Beach has an existing contract with Verizon for data plans. Each year will be $15,000 for the data plans on these smart phones. The funds requested in this RCA will pay for FY 2016/17. Once this initial issuance of 50 BWCs and smart phones are fully implemented, the Police Department will evaluate the program for expansion to the remaining 100 officers in uniform. Environmental Status: N/A Strategic Plan Goal: Enhance and maintain public safety Dept. ID PD-16-013 Page 3 of 3 Meeting Date: 9/6/2016 Attachmentts): 1. 2015 JAG Award 2. Phone 6 quote 3. Q-76532-1 Huntington Beach Syr Ultimate 50 4. San Jose BWC Memorandum 5. San Jose RFP_15-16-12_Body Worn Camera 6. TASER Agreement Executed San Jose Dept ID PD-15-007 Pagel of 2 Meeting Date 10/19/2015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/19/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Robert Handy, Chief of Police SUBJECT: Approve and authorize execution of an Agreement to Transfer Funds for 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and approve appropriation and expenditure of funds Statement of Issue In order to comply with the federal requirement for the Edward Byrne Memorial Justice Assistance Grant, an agreement to transfer funds is necessary between the County of Orange and the City of Huntington Beach The City Council is asked to approve the attached agreement Financial Impact Grant funds not anticipated in the original FY2015-16 City budget, estimated to be $25,359, will be fully reimbursed by the grant from the Department of Justice No other matching of in-kind City funds is required for this grant A new fund will be established for this funding Recommended Action A) Approve and accept the "Agreement to Transfer Funds for 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program" between the County of Orange and the City of Huntington Beach, and, B) Authorize the Mayor and City Clerk to execute, on the City's behalf, the agreement to transfer funds for 2015 Edward Byrne Memorial (JAG) program between the County of Orange and the City of Huntington Beach, and, C) Approve the appropriation and expenditure of up to $25,359 to be fully reimbursed by the grant from the Department of Justice via the County of Orange Alternative Action(s) Do not approve and direct staff accordingly Analysis This is a coordinated grant that was applied for on a countywide basis The City of Huntington Beach falls within the Orange County urban area and will be funded via the County of Orange The Edward Byrne Memorial Justice Assistance Grant (JAG) funds will be utilized to support a broad range of activities to prevent and control crime within the County of Orange The County of Orange has been certified disparate, therefore, this joint application includes twenty units of local government for which the applicant and fiscal agent is the County of Orange The twenty units of local government in the jurisdiction will utilize the funds for local initiatives, technical assistance, Item 9. - 1 xB -172- Dept ID PD-15-007 Page 2 of 2 Meeting Date 10/19/2015 training, personnel, equipment, supplies, and Information systems for criminal justice within the following purpose areas law enforcement, prosecution and court, prevention and education, corrections and community corrections, drug treatment, planning, evaluation and technology improvement The total City of Huntington Beach grant allocation is $27,866 Of the total grant amount, $2,507 is for the County's administrative fee and $25,359 is for the purchase of new tablet mobile data terminals for motor officers and foot beat officers Those officers currently do not have direct access to crime data bases and information that is available to officers in patrol vehicles This technology will assist the officers in being more efficient and safe with their enforcement and investigative activities Environmental Status Not applicable Strategic Plan Goal Enhance and maintain public safety Attachments) 1 JAG Agreement Letter from Orange County Sheriff's Department 2 Agreement to Transfer Funds for 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, including Attachments A-E HB -17;_ Item 9. - 2 ATTACHMENT #- I yNER%f,F 'lit ORANGE COUNTY SHERIFF'S DEPARTMENT ' tm MM w***' SHERIFF-CORONER SANDRA HUTCHENS September 24, 2015 Robert Handy, Chief of Police City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE 2015 Justice Assistance Grant (JAG) Transfer Agreements Chief Handy, The 2015 JAG application (DJ-BX-0226)was completed and the county is awaiting the transfer of funds from the Department of Justice Once received, the County will deposit funds into a trust account as required by law To legally distribute these federal funds to the applicable individual city municipalities, the County of Orange as primary fiscal applicant, is required to utilize a formal distribution method to reimburse the local agencies for their expenditures Our means to proceed to draw down funds for cost reimbursement will require action by your City Please obtain formal City Council approval for the attached document titled 112015 JAG Agreement to Transfer Funds" and return one original signed hard copy to me, with the authorized City Clerk and City Council signatures, by October 22, 2015 Enclosed for your records, is the award package as submitted to the Department of Justice to accept funding on behalf of all participating cities Please contact me with any questions pertaining to this award Thank you for your continued support in advancing the goals of the Justice Assistance Grant (JAG) within this county Very Respectfully, Nancy uyen Admi r ive Manager Grants Operations 714-935-6869 NMNguyen(aD-ocsd orq WKNIFF4150CUT 5 8•4I 431 THE CITY DRIVE SOUTH,ORANGE, CA 92868(714)935-6661 Integrity without compromise•Service above self•Professionalism in the performance of duty-Vigilance in safeguarding our community ATTACHMENT #2 I AGREEMENT TO TRANSFER FUNDS 2 FOR 2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) 3 PROGRAM DJ-BX-0226 4 5 THIS AGREEMENT is entered into this 2_2 nct day of a ember 2015, which date is 6 enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a 7 political subdivision of the State of California, hereinafter referred to as "COUNTY", and the City 8 of Huntington Beach , a municipal corporation. 9 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter 10 referred to as SHERIFF, in its capacity as the lead agency on behalf of 10 (ten) units of local 11 government, including SHERIFF and the cities of Anaheim, Costa Mesa, Fullerton, Garden 12 Grove, Huntington Beach, La Habra, Orange, Santa Ana and Westminster, hereafter referred to 13 as "SUBGRANTEES" 14 As required by the jurisdictional application, the SHERIFF has applied for, received and 15 accepted the Edward Byrne Memorial Justice Assistance Grant from the U S Department of 16 Justice, Office of Justice Programs, and Bureau of Justice Assistance (hereinafter referred to as 17 "JAG". 18 WHEREAS, the purpose of the grant is to supplement the resources available to prevent 19 and control crime within the County of Orange that are operated by individual agencies included 20 in the above-referenced 10 units of local government, as set forth in Attachment A "Program 21 Narrative", which is attached hereto and incorporated herein by reference 22 WHEREAS, the terms of the grant require that certain grant funds be transferred to 23 SUBGRANTEE to be used for grant purposes, which may include local initiatives, technical 24 assistance, strategic planning, research & evaluation, data collection, training, personnel, 25 equipment, forensic laboratories, supplies, contractual support, and information systems for law 26 enforcement, as more particularly described in Attachment A hereto 27 28 CFDA 16 738 FY2015 JAG Program U S Department of Justice Page 1 of 5 I NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 2 1 COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to 3 reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes 4 In order to obtain grant funds, SUBGRANTEE shall comply with the instructions 5 and submit to SHERIFF all required information and documentation, as set forth in Attachment 6 B hereto ("How to Apply for JAG Grant Reimbursements"), which is attached hereto and 7 incorporated herein by reference In no event will the total amount of the grant funds transferred 8 by COUNTY to SUBGRANTEE hereunder exceed SUBGRANTEE's allocation, as set forth in 9 Attachment C ("JAG Program Allocation"), which is attached hereto and incorporated herein by 10 reference 11 2 SUBGRANTEE shall be reimbursed with said JAG funds only for expenditures 12 necessary to acquire personal property or equipment as set forth in Attachment A hereto 13 [hereinafter called "grant property and equipment"] or to perform such other grant functions, if 14 any, for which Attachment A specifies that SUBGRANTEE may utilize grant funds 15 3 Throughout their useful life, SUBGRANTEE shall use grant property and 16 equipment only for grant purposes in accordance with Attachment A hereto 17 4 SUBGRANTEE shall exercise due care to preserve and safeguard grant property 18 and equipment from damage or destruction and shall provide regular maintenance and such 19 repairs for grant property and equipment as are necessary, in order to keep said grant property 20 and equipment continually in good working order 21 5 If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose 22 of it only in accordance with the instructions of COUNTY or the agency from which COUNTY 23 received the grant funds 24 6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents 25 and information in accordance with requirements set out in Attachment D ("Edward Byrne 26 Memorial Justice Assistance Grant Reporting Requirements"), attached hereto and incorporated 27 herein by reference 28 CFDA 16 738 FY2015 JAG Program U S Department of Justice Page 2 of 5 1 7 SUBGRANTEE shall comply with all applicable terms of the certification(s) that 2 are attached hereto as Attachment E ("2015 Grant Award & Special Conditions") and 3 incorporated herein by reference 4 8 By executing this Agreement, SUBGRANTEE agrees to comply with and ibe fully 5 bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E.hereto 6 SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no 7 longer will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E 8 hereto. 9 9 SUBGRANTEE and COUNTY shall be subject to examination and audit by the 10 State Auditor General with respect to this Agreement for a period of three years after final 11 payment hereunder 12 10 SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and 13 the agency from which COUNTY received grant funds, and their elected and appointed officials, 14 officers, agents and employees from any and all claims and losses accruing or resulting to any 15 and all contractors, subcontractors, laborers, and any other person,firm or corporation furnishing 16 or supplying work, services, materials or supplies in connection with SUBGRANTEE's 17 performance of this Agreement, including Attachments A, B, C, D and E hereto, and from any 18 and all claims and losses accruing or resulting to any person, firm, or corporation who may be 19 injured or damaged by SUBGRANTEE in the performance of this Agreement, including 20 Attachments A, B, C, D and E hereto 21 11. No alteration or variation of the terms of this Agreement shall be valid unless made 22 in writing and signed by duly authorized representatives of the parties hereto, and no oral 23 understanding or agreement not incorporated herein shall be binding on any of the parties 24 hereto 25 12. SUBGRANTEE may not assign this Agreement in whole or in part without the 26 express written consent of COUNTY 27 28 CFDA 16 738 FY2015 JAG Program U S Department of Justice Page 3 of 5 1 13 For a period of three years after final payment hereunder or until all claims related 2 to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and 3 maintain all documents, papers and records relevant to the work performed or property or 4 equipment acquired in accordance with this Agreement, including Attachments A, B, C, D and E 5 hereto. For the same time period, SUBGRANTEE shall make said documents, papers and 6 records available to COUNTY and the agency from which COUNTY received the grant funds or 7 their duly authorized representative(s), for examination, copying, or mechanical reproduction on 8 or off the premises of SUBGRANTEE, upon request, during usual working hours. 9 14 SUBGRANTEE shall provide to COUNTY all records and information requested 10 by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY 11 may be required to provide to the agency from which COUNTY received grant funds or other 12 persons or agencies. 13 15. COUNTY may terminate this Agreement and be relieved of the payment of any 14 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants 15 contained in this Agreement, including the applicable terms of Attachments A, B, C, D,and E 16 hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the 17 grant In the event of termination, COUNTY may proceed with the work in any manner deemed 18 proper by COUNTY. 19 16 SUBGRANTEE and its agents and employees shall act in an independent 20 capacity in the performance of this Agreement, including Attachments A, B, C, D and E hereto, 21 and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the 22 agency from which COUNTY received grant funds 23 H 24 H 25 H 26 H 27 H 28 CFDA 16 738 FY2015 JAG Program U S Department of Justice Page 4 of 5 i I IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, 2 State of California 3 DATED e2a2- 2015 COUNTY OF ORANGE, a political 4 subdivision of the State of California 5 U 6 By 7 Sandra Hut#fens, Sheriff-Coroner 8 Sheriff-Coroner Department "COUNTY" 9 APPROVED AS TO FORM 10 COUNTY COUNSEL s 12 Deputy 13 DATED 0 , 2015 14 15 SUBGRANTEE 16 17 By Al a ano Ti e 18 Jill Hard , Mayor 19 Huntington Beach City 20 21 ATTEST DATED. 1! - D f , 2015 22 Lj 23 City r c 024 DATE 101Iq ao s , 2015 25 26 27 28 CFDA 16 738 FY2015 JAG Program U S Department of Justice Page 5 of 5 Attachment A 2015-DJ-BX-0226 PROGRAM NARRATIVE General Description of Program Activities: The Edward Byrne Memorial Justice Assistance Grant(JAG) funds will be utilized to support a broad range of activities to prevent and control crime within the County of Orange The County of Orange has been certified disparate, therefore, this joint application includes ten units of local government for which the applicant and fiscal agent is the County of Orange The JAG funds will be utilized for the program/purpose areas outlined in the grant solicitation. The ten units of local government in the jurisdiction will utilize the funds for law enforcement, local initiatives, technical assistance, strategic planning, research and evaluation, data collection, personnel, equipment, forensic laboratories, supplies, contractual support and information systems for program areas The JAG funds support all components of the criminal justice system, from multi junsdictional drug and gang task forces to crime prevention programs, prosecution and court, corrections, drug treatment and enforcement and technology improvements Page 1 of 22 Attachment A 2015-DJ-EX-0226 The County of Orange—Sheriff-Coroner Department, Orange County Crime Laboratory proposes to use the 2015 Justice Assistance Grant Program funding as follows PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as Law Enforcement PROJECT NARRATIVE Proposed program activities— The Orange County Crime Laboratory services over 30 law enforcement agencies and is the only full service forensic laboratory providing service to the County of Orange as a whole The laboratory handles more than 30,000 cases per year, conducting over 225,000 exams The laboratory is requesting ten latent print comparison expert workstations and a new laptop computer for breath alcohol operator training The Latent Comparison Section conducted over 4,000 exams on over 1,350 cases in 2014 The latent print examiners spend their day sitting at workstations conducting meticulous and tedious evaluation of fingerprints New sit-stand workstations are needed as the cumulative impact of prolonged sitting increases health risks The risks range from physical ergonomically-related problems to metabolic, cardiovascular and cancer risks due to limited physical activity Alternating between standing and sitting positions is a direct solution without losing productivity Need for programs— The Forensic Alcohol unit oversees all evidential breath alcohol testing in the County, including all breath alcohol instrument operator training The Crime Lab has trained more than 5,000 operators to date and in 2014 provided instrumentation for the evidential testing of over 7,000 subjects. The unit is requesting a new laptop computer to update the technology utilized in the operator training program The technology currently is use is nearly ten years old The Crime Lab provides services to all law enforcement and has stakeholders that include the DMV, OCDA, OCPD, private defense and the Orange County Coroner Division The laboratory has partnered with universities, public health coalitions and task forces, Social Services and Community Programs and their partners PRJECT GOALS 1 Improved workspace for the Latent Print Examiners can improve productivity and case throughput 2 Improved technology for Breath Alcohol Operator Training assists with the training capabilities of the instructors 3 More efficient case throughput enables more latent prints to be examined and used as investigative tools in criminal cases Page 2 of 22 Attachment A 2015-DJ-BX-0226 4. Betterment of training allows for more operators available to provide roadside testing in DUI investigations 5 The Crime Lab services every law enforcement agency in the County, improving the lab ensures the best forensic service to the public and overall public safety services PROJECT STRATEGIES The equipment will be utilized to conduct casework and training for all law enforcement agencies in Orange County including the District Attorney's Office, California Highway Patrol and the Orange County Sheriff-Coroner, Coroner Division The project is equipment purchase to better enable and improve workspace and technology for two sections of the Orange County Crime Lab PROJECT IDENTIFIERS Crime Laboratory, Equipment—Forensic, System Improvements and Impaired Driving BUDGET DETAIL AND NARRATIVE JAG funds will be utilized to purchase The latent print examiner workstations, 10 total, are expected to cost $16,000 The laptop computer for breath alcohol operator training is expected to cost $2,000, total project budget of $18, 000 Anything in excess of this amount will be incurred by the County/Shenff-Coroner Department. Total: $18,000 TIMELINE AND/OR PROJECT PLAN Once the funds are received and made available by the County Board of Supervisors' approval process, the equipment requested will be purchased All purchases must go through the required County purchasing process and may be subject to competitive public bid The difference in the cost of the project and the JAG funds, if received, will be offset with Orange County Crime Laboratory Division funds All purchases will be completed in FY 15-16. FUNDING Total Allocation. $18,478 Administrative Fee (9%). $1,663 Funds Retained by City/County $16,815 Page 3 of 22 Attachment A 2015-DJ-BX-0226 City: Anaheim—Anaheim Police Department (APD) The City ofAnaheim proposes to use the 2015 Justice Assistance Grant Program funding as follows PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as Law enforcement programs-Overtime PROJECT NARRATIVE Proposed program activities— The Anaheim Police Department (APD) is requesting to use JAG funds to support overtime expenses for sworn personnel in the following divisions Operations, Operations Support, Investigations and Special Operations Due to budget constraints, APD's overtime budget has been under-funded for a number of years Need for programs— Although the police department has been actively recruiting and hiring new officers, staffing levels are still low Therefore,utilizing overtime hours is necessary to provide adequate service levels Overtime hours will be assigned to employees within the previously mentioned four divisions at the discretion of APD's command staff PROJECT GOALS The goal for this project is to improve and enhance the community's safety, while working with a limited budget and reduced staffing levels. In order to accomplish this, overtime hours will be authorized at the discretion of the department's command staff. PROJECT STRATEGIES Overtime hours will be authorized for individual employees at the discretion of the command staff A separate account code will be assigned specifically for this project A copy of all overtime documents will be approved by the appropriate personnel prior to submission for reimbursement. A payroll report of all overtime hours and any other required documentation will be included in each reimbursement request submitted to the Orange County Sheriff's Department PROJECT IDENTIFIERS Overtime BUDGET DETAIL AND NARRATIVE Overtime for the Department's personnel will range from $45 00 to $99 00 per hour, depending on the position and rank of each employee Due to budget constraints, APD is Page 4 of 22 Attachment A 2015-DJ-BX-0226 currently unable to fully fund overtime expenses TIMELINE AND/OR PROJECT PLAN The project goals and objectives will be implemented upon DOJ's approval of the JAG program funds and Anaheim's City Council approval to utilize the JAG funds for this prof ect FUNDING Total Allocation. $90,913 Administrative Fee(9%): $8,182 Funds Retained by City/County $82,731 Page 5 of 22 Attachment A 2015-DJ-BX-0226 City: Costa Mesa The City of Costa Mesa proposes to use the 2015 Justice Assistance Grant Program funding as follows PURPOSE AREAS Planning, evaluation and technology improvement programs PROJECT NARRATIVE The Costa Mesa Police Department's proposed program activity is to maintain and further develop a recently implemented live streaming-video system, based out of the South Coast Plaza retail district That prof ect was funded with p r i o r approved J A G funds The implemented system enables live video-capture, of any activity within South Coast Plaza's two-block area, to be streamed to designated police cars' mobile data terminal screens This facilitates reduced response tunes and unproved coordination to high risk and terrorist type incidents, e g active shooter, armed take-over jewelry store robberies, etc. The previously implemented live-video streaming system is linked to any of over 200 remote CCTV cameras located throughout South Coast Plaza's properties The South Coast Plaza retail district, located at 3333 Bristol Street and 3333 Bear Street, have been designated by the Department of Homeland Security (DHS) as the number 10 terrorist soft target among 600 designated terrorist targets throughout Orange County A federal ACAMS (Automated Critical Asset Management Systems) assessment has been conducted at this site With 25 million customers who frequent this location annually, SCP has been deemed by DHS as reasonably likely t o experience a terronst-type attack (active shooter, etc ) PROJECT GOALS The department's project goal is to fund required warranty and service to keep the live video streaming system operational The live video streaming system's continued operation will enable its evaluation for further development One such possible development, being considered, is to enable police officers working at the SCP police substation to be able to stream live video to responding police cars' MDT screens Presently, the live video streaming system is operated by South Coast Plaza dispatch staff, who are able to assign any chosen camera (activity location) and stream live video to designated CMPD patrol car PROJECT STRATEGIES To accomplish the department's 2015 JAG project goal, the agency will obtain quotes from vendors that can supply the identified service, technology and/or equipment needed PROJECT IDENTIFIERS 1) Electronic Monitoring, 2) System Improvement BUDGET DETAIL AND NARRATIVE Preliminary quotes have been obtained for the department's proposed program The estimated cost includes Page 6 of 22 Attachment A 2015-DJ-BX-0226 Annual service cost for continued live video streaming to 10 CMPD police vehicles (100 total viewer hours per month, over a 12-month period) $7,500 per year (x 2 years) _ $15,000 Annual hardware warranty for portable Ultra SD/HD system (i e interfacing hardware that enables capture and live video streaming to patrol car MOTs)• $2,500 per year (x 2 years) _ $5,000 Total $20,000 Note All costs in excess of allocated 2015 JAG funding will be funded by the City of Costa Mesa TIMELINE AND/OR PROJECT PLAN The project objectives and goals will be instituted immediately upon approval of the Costa Mesa City Council and the department's ability to utilize the JAG allocation for expenditures FUNDING: Total Allocation $18,158 Administrative Fee(9%) $1,634.22 Funds Retained by City/County $16,523 78 Page 7 of 22 Attachment A 2015-DJ-BX-0226 City: Fullerton The City of Fullerton proposes to use the 2015 Justice Assistance Grant Program funding as follows PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as Law enforcement programs. PROJECT NARRATIVE Proposed program activities - Funding for the proposed JAG 2015 Cold Case Project will pay for 2 part-time Consultants/Detectives to continue to re-open, re-investigate and, where possible, solve cold cases of homicide through the use of technology not available at the time the crime was committed. The 2015 JAG grant will be used exclusively for the Cold Case Project noted above Program need- Currently, the Fullerton Police Department has about 20 unsolved cases of murder on its books going back over 30 years. Clearly, the crime of murder calls for the greatest use of police resources to ensure justice for the victim, the victim's loved ones, and the murderer However, through a lack of evidence and witnesses, and - especially with decades-old crimes- a lack of technology, some crimes of murder were seemingly impossible to solve. Now, recent and rather astounding advances in both the collection and analysis of evidence make it possible to solve previously unsolvable cases Nonetheless, these cold cases will still require many hours of old-fashioned detective work, and with reduced budgets and a Police Department already stretched to its limits preventing and solving present-day crimes, these cold cases do not receive the attention and resources they deserve The Department's ongoing Cold Case Project was initiated through JAG funding, and currently, our detectives are involved with two cold cases, one of which is coming close to being solved and prosecuted The proposed JAG 2015 Cold Case Project would provide the needed manpower to continue these and other cases which are especially time- consuming and difficult to investigate due to the many years which may have transpired since the crime was committed. PROJECT GOALS The primary goal of the project is to reopen and reinvestigate cold cases of homicide and, where possible, solve and prosecute these cases Page 8 of 22 Attachment A 2015-DJ-BX-0226 PROJECT STRATEGIES With oversight from the Sergeant in charge of the Detective Unit, the Cold Case Project will utilize the expertise and experience of two retired police detectives acting as consultant/specialists to reopen, reinvestigate and, where possible, solve cold cases of murder Having experienced officers earning a modest hourly rate of $31.01 per hour means that the funding dollars will go much further than paying regular detectives. Both of these detectives will work an estimated 10 hours per week (520 hours each) for one year for a total of 1,040 man hours The Fullerton Police Department will pay for any in-kind costs exceeding the JAG 2015 budget These detectives will review the Department's cold cases and give priority to those with DNA evidence which could now provide clues sufficient to bring a killer or killers to justice or at least bring closure to a case Besides managing the newly-reopened cases and directing the processing of evidence, with the in-kind assistance of the CSI staff, these detectives will also conduct interviews and other research as necessary When sufficient evidence is produced and a murder suspect is identified, these cold cases will, whenever possible, be brought to the District Attorney's Office for prosecution 2014 JAG funds have enabled our Cold Case investigators to identify a suspect for a 1983 homicide, and this case is also being presented to the District Attorney's Office for review this week. The 2015 JAG grant will fund the work needed on two new cold cases from 2001 and 2004, one of which is an international case involving a Canadian victim PROJECT IDENTIFIERS Cold Cases BUDGET DETAIL AND NARRATIVE All monies will be used to pay the $31.01 per hour Personnel cost of the two Consultants/Detectives $31.01/hr x 2 detectives x 520 hrs $32,250 Less In-Kind 6,915 TOTAL JAG 2015 COST $25,335 TIMELINE AND/OR PROJECT PLAN Due to the complexities of a cold case, a specific timeline and guarantee of solving a cold case is not possible However, it is projected that cold case detectives will reopen, thoroughly investigate and, where possible, solve and bring for prosecution one to two cold cases within one year FUNDING Total Allocation $27,841 Administrative Fee (9%) $2,506 Funds Retained by City/County $25,335 Page 9 of 22 Attachment A 2015-DJ-BX-0226 City: Garden Grove The City of Garden Grove proposes to use the 2015 Justice Assistance Grant Program funding as follows PURPOSE AREAS: JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: Law enforcement programs PROJECT NARRATIVE The Police Department will use 2015 JAG funds to pay a portion of its jail services contract. The first contract was put into place in 2000, and has saved the Department tens of thousands of man- hours. What was previously at least a two-hour process for the arresting officer now takes only 15 minutes, allowing the officer to return to patrolling the streets The jail services contract is an indispensable component of Department operations and is key to maximizing officer's time spent out in the community PROJECT GOALS The Department's goal for utilizing a jail services contract is to create operational efficiencies and increase time patrol officer's time spent "on the streets." The time saved is equal to the productive hours of more than six patrol officers, and this time can be used to augment patrol operations. PROJECT STRATEGIES Contracting out jail services allows the Police Department to concentrate much more of its efforts on community safety rather than expending energy and resources on jail operations. Prior to the contract, officers would spend approximately two hours processing and transporting an arrestee. If the arrestee required medical clearance, that process could be extended by several hours. Now, sworn police officers complete preliminary paperwork on the arrestee and return to their field duties in as little as 15 minutes while the jailers complete the fingerprinting, photographing, transporting, etc. procedures. This increases the officer's availability to handle additional calls for services In 2014, the jailers processed 5,619 arrestees, saving sworn officers approximately 11,238 hours that would have been spent processing arrestees PROJECT IDENTIFIERS Community Policing; Detention (Non-residential) The Garden Grove Police Department implemented the Community Policing philosophy many years ago Contracting out staffing of the detention facility facilitates that philosophy, by enabling patrol officers to return to their beat areas more quickly. BUDGET DETAIL AND NARRATIVE Page 10 of 22 Attachment A 2015-DJ-BX-0226 The funds retained by the City will help to offset the annual cost of the jail services contract For FY 2015-16 the monthly cost of the contract will be $42,886 The cost covers staffing, operating expenses, and management fees, as well as liability insurance maintained by the vendor Personnel services provided under this contract guarantee 24/7/365 staffing of the jail at 9 625 FTE TIMELINE AND/OR PROJECT PLAN The jail is a 24/7 operation and operates 365 days a year The goals and objectives for the program are met on a continual basis, by allowing officers to return to their patrol duties quickly, thus enhancing the policing presence in the City FUNDING Total Allocation $33,089 Administrative Fee(9%) $2,978 Funds Retained by City/County $30,111 Page 11 of 22 Attachment A 2015-DJ-BX-0226 City: Huntington Beach The City of Huntington Beach Police Department proposes to use the 2015 Justice Assistance Grant Program funding as follows PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as Law enforcement and planning, evaluation, and technology improvement PROJECT NARRATIVE Proposed program activities— The Huntington Beach Police Department proposes evaluating and implementing a body worn camera program during the life of this grant We are currently developing policy for the program and will be testing three different vendors Once the vendor is chosen, we will use the awarded grant funds for the purchase of the body worn cameras, docking stations, hardware and network infrastructure support to implement the program Program need— Body worn cameras can help improve the high-quality public service expected of police officers and promote the perceived legitimacy and sense of procedural justice that communities have about their police departments Furthermore, departments that are already deploying body-worn cameras tell us that the presence of cameras often improves the performance of officers as well as the conduct of the community members who are recorded This is an important advance in policing PROJECT GOALS Our goal would be to implement a body worn camera, using the technology and evidence it creates to further the mission of providing law enforcement services to our community and maintaining public trust PROJECT STRATEGIES After careful evaluation of different vendors, developing policy and community support, our strategy will be to equip every uniformed police officer of the department with a body worn camera, as part of a department wide body worn camera program PROJECT IDENTIFIERS Body Worn Cameras BUDGET DETAIL AND NARRATIVE The purchase will be used for body worn camera equipment only The cameras cost between $600 and $800 each depending on which vendor we choose We will be equipping approximately 150 uniformed officers at a cost of$90,000 - $120,000 We will use the awarded Page 12 of 22 Attachment A 2015-DJ-BX-0226 grant funds to partially pay for the equipment cost. The remaining cost will come from other funds within our agency budget TIMELINE AND/OR PROJECT PLAN The body worn camera project should be completed and implemented by March 31, 2016. FUNDING Total Allocation $26,633 Administrative Fee (9%). $2,397 Funds Retained by City/County $24,236 Page 13 of 22 Attachment A 2015-DJ-BX-0226 City: La Habra The City of La Habra proposes to use the 2015 Justice Assistance Grant Program funding as follows PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as- Law enforcement- Overtime PROJECT NARRATIVE Proposed program activities— The La Habra Police Department currently employs a policing concept called "Crime Reduction Strategy" (CRS) which is similar to the data-driven police accountability model known as "COMPSTAT". CRS is a management process, within a performance management framework, that synthesizes analysis of crime and disorder data, strategic problem solving, and a clear accountability structure CRS facilitates accurate and timely analysis of crime and disorder data, which is used to identify crime patterns and problems. Based on this analysis, tailored responses or "strategies" are implemented through rapid deployment of personnel and resources An accountability structure is key to ensuring the analysis is acted upon and the responses are implemented correctly as well as assessing whether the responses are effective in reducing crime and disorder Program need— The La Habra Police Department proposes to use the 2015 JAG funds to cover overtime expenditures caused by rapid and ongoing deployment of personnel from our bicycle patrol unit to our identified crime districts. Current bicycle patrol deployments are very limited and only occur when sufficient staffing exists to cover shifts The bicycle patrol unit will work to significantly impact identified crime trends in our districts, as well as addressing quality of life issues reported by community residents PROJECT GOALS The goal of this project is to overtime fund bike patrol teams in identified crime districts, as well as respond to community concerns of specific quality of life issues. PROJECT STRATEGIES The entire JAG grant allocation for the City of La Habra ($10,742) will be spent on funding bicycle patrols and response to community concerns regarding quality of life matters. PROJECT IDENTIFIERS Community Policing Page 14 of 22 Attachment A 2015-DJ-BX-0226 Crime Prevention BUDGET DETAIL AND NARRATIVE Outline how JAG funds will be used to support and implement the program —Include a breakdown of costs as well as an overview of how funds will be allocated across approved JAG purpose areas (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, and Other category)— The deployment plan will consist of approximately (148) hours of overtime to staff the bike patrol assignments to address specified crime districts and community quality of life concerns This is based upon an average overtime rate (non-benefited) of$66.20 per hour TIMELINE AND/OR PROJECT PLAN Identify when the goals and objectives will be completed. This project involves developing a simple deployment plan, based upon crime analysis of our crime districts, and it is anticipated to be completed within 120 days of grant approval FUNDING Total Allocation: $10,742 Administrative Fee (9%). $966 78 Funds Retained by City/County: $9,775.22 Page 15 of 22 Attachment A 2015-DJ-BX-0226 City: Orange The City of Orange proposes to use the 2015 Justice Assistance Grant Program funding as follows: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as The purpose area for use of funds is Law Enforcement PROJECT NARRATIVE Proposed project activities— During 2014, Orange Police Department investigated thousands of crimes, a majority of which directly or indirectly involved a cellular phone The investigations discovered the suspects/victims use and/or possession of cellular phones dunng the commission of crimes or when being victimized Cellular phones contain minute by minute digital evidence of a suspect and/or victim's location and communication before, during and after the commission of a crime. The timely retrieval of this evidence in some cases may be lifesaving and be the only link that helps detectives solve the crime or locate the victim. By obtaining sophisticated cellular phone forensic extraction hardware / software, the Orange Police Department will be able to investigate technologically complex investigations. In addition, cellular phones are frequently used by suspects to store evidence of criminal activity or victimization. This equipment will also assist in the prosecution of suspects using evidence that simply could not be obtained by traditional methods Program need— Due to the prevalence of cellular phones in our society, the Orange Police Department needs to obtain sophisticated cellular phone forensic extraction hardware / software in order to improve investigative effectiveness as technological advances increase There have been times that physical evidence is complimented and strengthened by digital evidence. On occasion, digital evidence is all that exists to provide investigative leads and evidence in solving crimes. PROJECT GOALS To obtain sophisticated cellular phone forensic extraction hardware / software to view, analyze and retain digital evidence on cellular phones. In many cases, information provided by the cellular phone providers is incomplete as much of the user's data is stored locally on each phone. This hardware, coupled with the analysis software, will enable investigators to conduct cellular phone forensic examinations on all of types of cellular phones PROJECT STRATEGIES Page 16 of 22 Attachment A 2015-DJ-BX-0226 The cellular phone forensic extraction equipment will be used by the Orange Police Department as an investigative tool to obtain digital evidence stored on cellular phones PROJECT IDENTIFIERS Computer software/hardware Evidence-Based Equipment--Forensic BUDGET DETAIL AND NARRATIVE JAG funds will be used to purchase a Universal Forensic Extraction Device (UFED) for cellular equipment • CELLEBRITE UFED TOUCH ULTIMATE UFED TOUCH ULTIMATE (Logical &Physical Mobile Forensic Solution) $10,499 • UFED Camera attachment for UFED TOUCH $298 • 1 Year UFED Software Renewal $ 3,099 Sub Total $13,896 Sales tax $1,112 Grand Total $15,008 TIMELINE AND/OR PROJECT PLAN Once the funds are received and made available through the City's normal approval process, it is anticipated that product ordering, delivery, and setup would be complete within two weeks Use of the device would begin immediately Additional funding will be from other City of Orange funding sources FUNDING Total Allocation- $10,816 Administrative Fee (9%) $973 Funds Retained by City/County. $9,843 Page 17 of 22 Attachment A 2015-DJ-BX-0226 City: Santa Ana The City of Santa Ana proposes to use the 2015 Justice Assistance Grant Program funding as follows: PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as Law Enforcement PROJECT NARRATIVE Proposed program activities— Through the use of grant funding, the City of Santa Ana Proposes a three pronged approach to reducing criminal activity Funding will allow: 1.) Augmentation of our gang enforcement, as well as, advanced gang investigative training for gang suppression detectives. Funding will provide for gang enforcement activity with suppression details working overtime to target specific enforcement of gang members involved in violent behavior The department currently lacks the manpower and fiscal resources to address this problem, these officers will be deployed directly into the neighborhoods being most negatively affected by gang activity and will be funded for the three-year grant period Additionally, funding will be utilized to provide gang suppression personnel with advanced training to ensure gang related offenses are successfully prosecuted 2 ) Enhancement of Educational Opportunities The Santa Ana Police Department believes Community Oriented Policing (COP) has been and must remain at the core of crime reduction. A major component of COP is educational opportunities offered to residents. With funding severely cut, educational programs and staffing that provided this valuable resource have been reduced Officers as well as non-sworn staff will offer COP related training programs on an overtime basis to complete this goal Funding will cover the entire grant performance period 3 ) Enhancement of Community Policing Funding will provide for community policing enforcement operations with suppression details working overtime to address crimes of public disorder specifically tied to community complaints The department currently utilizes a robust community complaint tracking system to ensure responsiveness to resident concerns. Funding will cover the entire grant performance period. This funding will equate to approximately 1,247 hours of additional law enforcement resources within our community The Department will utilize the funds for personnel overtime and advanced gang investigative training, as needed. The remainder of the funds will be utilized to offer educational opportunities Page 18 of 22 Attachment A 2015-DJ-BX-0226 for neighborhood associations, community gatherings and residents ranging from children to adults Program need— The Santa Ana criminal street gang population of approximately 6,900 accounts for the less than two percent of the City's population however; this criminal element constitutes a significant impact on fear in the community and threatens the safety and stability of our neighborhoods The Department routinely receives between 20 and 30 specific community complaints per week which directly impact the quality of life for our residents. Enforcement related activities will be coupled with an educational component, which will enhance public understanding, trust and confidence. PROJECT GOALS The goal of this project is to reduce criminal activity and increase public safety through enhanced enforcement and educational efforts PROJECT STRATEGIES The use of selective enforcement overtime, response to community complaints, coupled with crime analysis data allows resources to be specifically deployed in areas of increased criminal activity during time frames found to be most beneficial to project goals• 1. Contact gang members and individuals involved in crimes of public disorder to gam intelligence, investigative information and ensure problem solving for prosecutorial purposes while striving to resolve longstanding community concerns 2 Increase the number of arrests and successful prosecution of gang members 3 Increase the number of community complaints resolved 4 Reduce the fear gang members evoke in the community and decrease community concerns through high visibility police presence and enforcement activities. 5 Offer enhanced educational opportunities through schools, community associations and neighborhood watch groups. PROJECT IDENTIFIERS See 2015 JAG Identifiers (attached) Gangs; Education; Community Policing; Violence Violent Crime Offenders BUDGET DETAIL AND NARRATIVE Outline how JAG funds will be used to support and implement the program— Include a breakdown of costs as well as an overview of how funds will be allocated across approved JAG purpose areas (i a Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, and an Other category) — Funds will be utilized for personnel overtime and advance gang investigative training with associated travel, as needed No funds are allocated for supplies, consultants or contracts. Overtime: $76,032.00 1,056 hours @ $72.00 per hour Training/Travel: $8,448.00 Page 19 of 22 Attachment A 2015-DJ-BX-0226 TIMELINE AND/OR PROJECT PLAN Identify when the goals and objectives will be completed Months 1-36• Gang Enforcement and Community Complaint enforcement continues throughout the life of the grant Months 1-36. Educational endeavors and advanced gang investigative training continue throughout the life of the grant FUNDING Total Allocation $92,835 Administrative Fee (9%)• $8,355 Funds Retained by City/County $84,480 Page 20 of 22 Attachment A 2015-DJ-BX-0226 City: Westminster The City of Westminster proposes to use the 2015 Justice Assistance Grant Program funding as follows PURPOSE AREAS JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as. Law enforcement programs. PROJECT NARRATIVE Proposed program activities— The grant funds are intended to cover overtime costs in the Detectives unit The goal of the project is to reduce the backlog of cases in the Detectives division and to gather additional evidence on active cases Program need— The Westminster Police Department is fiscally constrained from deploying the necessary investigative assets needed to successfully address these surges in criminal activity Stated conversely additional funding can provide for the appropriate surveillance and follow-up investigative resources needed to investigate individual crimes and to interrupt criminal patterns PROJECT GOALS Reduce backlog of cases in the Detectives division and gather additional evidence on active cases. PROJECT STRATEGIES Experience has demonstrated that early and aggressive investigative activities are critical to bringing emergent neighborhood-focused criminal activity under control before it escalates to far more serious levels. This request for JAG funding is to enhance and supplement (not replace) the investigative activities of the Westminster Police Department when unusual/high incident crime situations anse The JAG funding will underwrite the costs of necessary overtime to conduct investigations The timing and nature of additional resources deployed through the JAG funds will correspond directly to the characteristics of emergent criminal activity in the community and the means to best remedy those problems. As such, additional deployment through JAG funding is likely to include: • Additional surveillance activities • Additional participation in coordinated multi junsdictional investigations • Additional neighborhood-based special operations • More intensive follow-up Page 21 of 22 Attachment A 2015-DJ-BX-0226 PROJECT IDENTIFIERS Overtime Crime Prevention Surveillance BUDGET DETAIL AND NARRATIVE Personnel 1 Detective (Police Officer) at an overtime rate of $53.00 per hour will be assigned, as necessary, for additional investigative duties on behalf of areas experiencing enhanced criminal activity Deployment shifts (hours) will depend upon the nature of the investigative/surveillance assignment. $53.00 x 344 investigative hours= $18,232 Overtime rate will be used for actual additional investigative duties The Westminster Police Department will contribute supervision and other support to this initiative at its own expense TOTAL BUDGET= $18,273 TIMELINE AND/OR PROJECT PLAN During the grant period it is anticipated that the backlog of cases in the Detectives unit would be reduced FUNDING Total Allocation: $20,080 Administrative Fee (9%). $1,807 Funds Retained by City/County. $18,273 Page 22 of 22 Attachment B 2015-DJ-BX-0226 HOW TO APPLY FOR JAG GRANT REIMBURSEMENTS 1. A letter on your cities letterhead that includes or states the following: A Your agency's request for reimbursement in the amount of$ ; B. Against Grant Award#2014-DJ-BX-0038 C List of items purchased and types of costs being claimed for the quarter that match your city's initial wnte-up/request, D Certification that you complied with all procurement procedures outlined in your agency's procurement manual and financial and administrative requirements set forth in the current OJP Financial guide; E Letter is to be signed by the person authorized in the JAG Program MOU (City Manager) 2 Required attachments to the letter: A FEDERAL FINANCIAL REPORT Your agency is required to submit quarterly Federal Financial Report using a Standard Form SF- 425 (OMB) This report reflects the cumulative actual federal monies spent, unliquidated obligations incurred, and the unobligated balance of federal funds The Federal Financial Report is due at the Sheriff's Department Financial Division by the due dates indicated below- Qtr. ending 03-31-YY due no later than 4/10 Qtr. ending 06-30-YY due no later than 7/10 Qtr. ending 09-30-YY due no later than 10/10 Qtr. ending 12-31-YY due no later than 01/10 A helpful hints guide for completing Federal Financial Report is available at the DOJ-OJP website at- http•//www.oJp usdol goy/funding/forms htm B. INVOICE BILLING OCSD a The package should include an invoice from the city billing the Orange County Sheriff's Department(OCSD). The invoiceibill should reference the grant name, grant number and quarter ending date. b OCSD will reference your city's invoice number when reimbursement is made to your City C. BACKUP DOCUMENTS a All invoices/receipts and relevant purchase orders pertaining to federal monies spent b Time Sheets and part of payroll register showing personnel name or other individual identifier and details of payroll costs claimed, if any. c Copies of signed check(s) for purchase(s) and general ledger reports clearly indicating expenditures for the quarter All of the above documents must be provided to our office; otherwise your claim will not be processed. Please send your claims to: Orange County Sheriff's Department-Financial/Admin Division Attn Karla Lazandis 320 N Flower Street, Suite 108, Santa Ana, CA 92703 If you have any questions please call Karla Lazandis at(714) 834-6675 Attachment C 2015-DJ-BX-0226 2015 Total Allocation 9% Balance Available to City/County by City/County Entity Administrative Individual Cities/ County Entity inftf Fee Sheriff 19,334 1,740 17,594 Anaheim 95,123 8,561 86,562 Costa Mesa 18,999 1,709 17,290 Fullerton 29,130 2,621 26,509 Garden Grove 34,621 3,115 31,506 Huntington Beach 27,866 2,507 25,359 La Habra 11,239 1,011 10,228 Orange 11,317 1,018 10,299 Santa Ana 97,133 8,741 88,392 Westminster 21,010 1,890 19,120 TOTAL: 365,772 00 32,913 00 332,859 00 e Attachment D 2015-DJ-BX-0226 • State and Local Governments,Institutions of Higher Education, and Nonprofit Institutions. Completed audit reports for fiscal years earlier than 2007 should be mailed to the Federal Audit Clearinghouse, Bureau of Census, 1201 East loth Street, Jeffersonville, IN 47132 Completed audit reports for fiscal years 2008 and later should be submitted on the Federal Audit Clearinghouse's Web site at http://harvester.census gov/sac. Do NOT submit your audit reports to OJP unless specifically requested. • Commercial Organizations and Individuals. One copy of all audit reports should be mailed to Office of Justice Programs, Office of the Chief Financial Officer, ATTN: Control Desk, 810 Seventh Street NW , Room 5303, Washington, DC 20531 Direct any questions regarding the grant program to Nancy M Nguyen NMNguyen@ocsd org 431 The City Drive South Orange, CA 92868 (714) 935-6869 je Attachment D 2015-DJ-BX-0226 FY2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REPORTING REOUIREMENTS Programmatic Reporting Categorical Assistance Progress Reports Reporting on the progress of the grant program is required. Some grants may require an annual submission of progress report information Most programs require semiannual and/or quarterly reporting. Reporting requirements are specified in the grant solicitation and in the special conditions specified in the award. Questions concerning progress reporting should be directed to the Program Manager for the award Quarterly Programmatic (PMT) Reporting periods are January 1 —March 31 April 1 —June 30 July 1 — September 30 October 1 —December 31 Reporting requirements must be met during the life of the grant A full explanation of these requirements can be found in the OJP Financial Guide, which may be accessed at http.//www ojp usdoj gov/financialguide/mdex.htm Also check special conditions on awards for additional reporting requirements. GPRS will not permit access to funds if financial reporting is delinquent The following information concerns • Single Audit Reports • Categorical Progress Reports • Federal Financial Reports Single Audit Reports A special condition may be included with your award that details reporting requirements for audit reports Please review and comply with that special condition There is no form for submission of audit reports; however, a transmittal letter is needed Information about the letter and the rules for single audits may be found in the OJP Financial Guide, Post award Requirements, Audit Requirements and in OMB Circular No A-133, Audits of States, Local Governments, and Non-Profit Organizations The submission of audit reports for all grantees shall be as follows Attachment E Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs wash,nglon D C 20531 August 13,2015 Chauman Todd Spitzer County of Orange 10 Civic Center Plaza Santa Ana,CA 92701 Dear Chairman Spitzer On behalf of Attorney General Loretta Lynch,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 15 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation in the amount of$365,772 for County of Orange Enclosed you will find the Grant Award and Special Conditions documents This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate If you have questions regarding this award,please contact Program Questions,Gale Farquhar,Program Manager at(202)598-9522,and Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask ocfo@usdoj gov Congratulations,and we look forward to working with you Sincerely, Denise O'Donnell Director Enclosures OFFICE FOR CIVIL RIGHTS Office of Justice Programs Department of Justice 810 7th Street,NW Washington,DC 20531 Tel (202)307-0690 TTY (202)307-2027 E-mail askOCR(a_usdoj gov Website www ojp usdoj gov/ocr August 13,2015 Chairman Todd Spitzer County of Orange 10 Civic Center Plaza Santa Ana,CA 92701 Dear Chairman Spitzer Congratulations on your recent award In establishing financial assistance programs,Congress linked the receipt of federal funding to compliance with federal civil rights laws The Office for Civil Rights(OCR),Office of Justice Programs(OJP),US Department of Justice (DOJ)is responsible for ensuring that recipients of financial assistance from the OJP,the Office of Community Oriented Policing Services (COPS),and the Office on Violence Against Women(OVW)comply with the applicable federal civil rights laws We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in employment but also in the delivery of services or benefits A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits In March of 2013,President Obama signed the Violence Against Women Reauthorization Act of 2013 The statute amends the Violence Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race,color,national origin,religion,sex,disability,sexual orientation,or gender identity The new nondiscrimination grant condition applies to certain programs funded after October 1,2013 The OCR and the OV W have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations The Frequently Asked Questions are available at http//oip gov/about/ocr/vawafaqs him Enforcing Civil Rights Laws All recipients of federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to prohibitions against unlawful discrimination Accordingly,the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups In addition,based on regulatory criteria,the OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards Providing Services to Limited English Proficiency(LEP)Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U S C §2000d,recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP) See U S Department of Justice,Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,67 Fed Reg 41,455(2002) For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website http//wAw lep gov Ensuring Equal Treatment for Faith-Based Organizations The DOJ regulation,Equal Treatment for Faith-Based Organizations,28 C F R pt 38,requires State Administering Agencies(SAAs)to treat faith-based organizations the same as any other applicant or recipient The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board of directors The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently(or explicitly) religious activities While faith-based organizations can engage in non-funded inherently religious activities,they must hold them separately from the program funded by the DOJ,and recipients cannot compel beneficiaries to participate in them The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion For more information on the regulation,please see the OCR's website at http//www cjp usdoJ gov/about/ocr/equal fbo him SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as amended,42 U S C §3789d(c) the Victims of Crime Act of 1984,as amended,42 U S C § 10604(e),the Juvenile Justice and Delinquency Prevention Act of 1974,as amended,42 U S C §5672(b),and VAWA,Pub L No 113-4,sec 3(b)(4), 127 Stat 54,61-62(to be codified at 42 U S C § 13925(b)(13))contain prohibitions against discrimination on the basis of religion in employment Despite these nondiscrimination provisions,the DOJ has concluded that it may construe the Religious Freedom Restoration Act(RFRA)on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff,even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions See Advisory for Recipients of Financial Assistance from the U S Department of Justice on the U S Equal Employment Opportunity Commission's Enforcement Guidance Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964(June 2013),available at http//www oJp usdoJ gov//about/ocr/pdfs/UseofConviction_Advisory pdf Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination In light of the Advisory,recipients should consult local counsel in reviewing their employment practices if warranted,recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(see below) Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two obligations (1)complying with the federal regulation pertaining to the development of an EEOP(see 28 C F R pt 42,subpt E)and(2) submitting to the OCR findings of discrimination(see 28 C F R §§42 204(c), 205(c)(5)) Meeting the EEOP Requirement if your organization has less than fifty employees or receives an award of less than$25,000 or is a nonprofit organization,a medical institution,an educational institution,or an Indian tribe,then it is exempt from the EEOP requirement To claim the exemption,your organization must complete and submit Section A of the Certification Form,which is available online at http//www ojp usdoj gov/abouUocr/pdfs/cert pdf if your organization is a government agency or private business and receives an award of$25,000 or more,but less than$500,000,and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report(formerly called an EEOP Short Form),but it does not have to submit the report to the OCR for review Instead,your organization has to maintain the Utilization Report on file and make it available for review on request in addition,your organization has to complete Section B of the Certification Form and return it to the OCR The Certification Form is available at http//www ojp usdoj gov/about/ocr/pdfs/cert pdf if your organization is a government agency or private business and has received an award for$500,000 or more and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report (formerly called an EEOP Short Form)and submit it to the OCR for review within sixty days from the date of this letter For assistance in developing a Utilization Report,please consult the OCR's website at http//www ojp usdoj gov/abouUocr/ecop htm in addition,your organization has to complete Section C of the Certification Form and return it to the OCR The Certification Form is available at http//www ojp usdoj gov/abouUocr/pdfs/cert pdf To comply with the EEOP requirements,you may request technical assistance from an EEOP specialist at the OCR by telephone at(202) 307-0690 by TTY at(202)307-2027,or by e-mail at EEOsubmisson@usdoj gov Meeting the Requirement to Submit Findings of Discrimination if in the three years prior to the date of the grant award,your organization has received an adverse finding of discrimination based on race, color,national origin,religion,or sex,after a due-process hearing,from a state or federal court or from a state or federal administrative agency,your organization must send a copy of the finding to the OCR Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination complaints filed against subrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train subrecipients on applicable civil rights laws In addition,SAAs must submit to the OCR every three years written Methods of Administration(MOA)that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients For more information on the MOA requirement,see http//www ojp usdoj gov/funding/other_requirements him If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance,please contact us Sincerely, Michael L Alston Director cc Grant Manager Financial Analyst Department of Justice i Office of Justice Programs Bureau of Justice Assistance Washinglon 1)( 20531 Memorandum To: Official Grant File From: Orbin Terry,NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for County of Orange The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system,some of which could have environmental impacts All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds,whether the funds are used directly by the grantee or by a subgrantee or third party Accordingly,prior to obligating funds for any of the specified activities,the grantee must first determine if any of the specified activities will be funded by the grant The specified activities requiring environmental analysis are a New construction, b Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places, c A renovation, lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size, d Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example, in office,household, recreational,or education environments,and e Implementation of a program relating to clandestine methamphetamme laboratory operations, including the identification,seizure,or closure of clandestine methamphetamme laboratories Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA Further,for programs relating to methamphetamme laboratory operations, the preparation of a detailed Mitigation Plan will be required For more information about Mitigation Plan requirements,please see http//www ojp usdoj gov/BJA/resource/nepa html Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance Department of Justice j GRANT MANAGER'S MEMORANDUM,PT.I: Office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance I I Grant PROJECT NUMBER 2015-DJ-BX-0226 PAGE 1 OF 1 This project is supported under FYI5(BJA-JAG)42 USC 3750,et seq 1 STAFF CONTACT(Name&telephone number) 2 PROJECT DIRECTOR(Name,address&telephone number) Gale Farquhar Nancy �iyen N I (202)598-9522 Grants Manager Research and Development 431 The City Drive Soul], Orange,CA 92868-3303 (714)935-6869 3a TITLE OF THE PROGRAM 3b POMS CODE(SEE INSTRUCTIONS I BJA FY 15 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation ON REVERSE) '4 TiTLE OF PROJECT I FY 15 JAG Program l 5 NAME&ADDRESS OF GRANTEE 6 NAME&ADRESS OF SUBGRANTEE � I County of Orange 10 Civic Center Plaza Santa Ana CA 92701 7 PROGRAM PERIOD 1 8 BUDGET PERIOD j FROM 10/01/2014 TO 09/30/2018 FROM I0/01/2014 TO 09/30/2018 9 AMOUNT OF AWARD 10 DATE OF AWARD $365,772 08,13/2015 I 1 SECOND YEAR'S BUDGET i 12 SECOND YEAR'S BUDGET AMOUNT I � 13 THIRD YEAR'S BUDGET PERIOD 14 THIRD YEAR'S BUDGET AMOUNT _ __ __I_ 115 SUMMARY DESCRIPTION_ OF PROJECT(See mstrn_ction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program(IAG)allows states and units of local government,including tubes,to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions Grant funds can be used for state and local initiatives,technical assistance,training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more of the following program areas I)law enforcement programs,2)prosecution and court programs,3)prevention and education programs,4)corrections and community corrections programs,5)drug treatment and enforcement programs,6)planning,evaluation and technology improvement programs,and 7)crime victim and witness programs(other than compensation) The Orange County Sheriff Coroner Department will serve as the fiscal agent for the FY 15 JAG Grant and funds will be utilized to support a broad range of j activities to prevent and control crime in Orange County California NCA/NCF OJP FORM 4000/2(REV 4-88) Department of Justice Office of Justice Programs ley Bureau Of Justice Assistance Grant PAGE I OF 10 I RECIPIENT NAME AND ADDRESS(Including Zip Code) 4 A WARD NUMBER 2015-DJ-BX 0226 County of Orange 10 Civic Center Plaza Santo Ana CA 92701 5 PROJECT PERIOD FROM 10 Ill 2014 TO 09 10 2018 BUDGET PERIOD FROM 10 01 2014 TO 09 30 2018 6 AWARD DATE 08 13 2015 1 ACTION 2a GRANTFrIRSti'FNDORNO 8 SL PPLEMENT NUMBER Initial 950009291 00 2b GRANTFE DINS NO 111950874 9 PREVIOUS AWARD AMOUNT so 3 PROJE( 1 fl I I F - -- j FY 15 JAG Program 10 AMOUNT OF TH19 AWARD S 165 77? II TOTAI AIUARD $365 772 12 SPECIAL CONDITIONS 1 HE ABOVE GRANT PROIFCT IS APPROVED SUBJFCT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S) 13 STATUTORY AUTHORITY FOR GRANT This project is supported under FY 15(BJA-JAG)42 USC 37.�0 et scit 14 CATALOG OF DOMESTIC FEDERAL ASSISTANCF(CFDA Number) 16138 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANI PROGRAM 15 METHOD OF PAYMENT GPRS AGENCY APPROVAL i— "A� GRANTEE ACCEPTANCE —■ 16 TYPED NAME AND TITLE Or APPROVING OFFICIAL 18 TYPED NAME AND TITLE OF At rHORIZED GRANTEE OFFICIAL Denist.O'Donni.11 Todd Spitzer Director Board of Supervtsurrc Chair 17 SIGNATURE OF APPROVING OFFICIAL 19 SIGNA UT O Ell RECIPIFNT OFFICIAL 19A DATE _ AGENCY USE ONLY 20 ACCOUNTING CLASSIFICATION CODES 21 PDII _T0183 FISCAL FUND BUD DIV YEAR CODE ACT OFC REG SUB POMS AMOI NT X B DJ 80 00 00 365772 OJP FORM 4000 2(REV 5 87)PREVIOt S EDITIONS ARE OBSOLETE APPROVED AS TO FORM OFFICE OF THE OOUNTY COUNSK O1P FORM 4000 2(REV 4-881 COUNTY,CALIFORN T Gti2 �• tlase� - Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 10 Grant I I PROJECT NUMBER 2015-D]-BX-0226 AWARD DATE 08/13/2015 SPECIAL CONDITIONS 1 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C F R Part 200,as adopted and supplemented by the Department of Justice(DOJ)in 2 C F R Part 2800(the"Part 200 Uniform Requirements") apply to this 2015 award from the Office of Justice Programs(OJP) For this 2015 award,the Part 200 Uniform Requirements,which were first adopted by DOJ on December 26,2014,supersede,among other things,the provisions of 28 C F R Parts 66 and 70,as well as those of 2 C F R Parts 215,220,225,and 230 If this 2015 award supplements funds previously awarded by OJP under the same award number,the Part 200 Uniform j Requirements apply with respect to all award funds(whether derived from the initial award or a supplemental award) i that are obligated on or after the acceptance date of this 2015 award I Potential availability of grace period for procurement standards Under the Part 200 Uniform Requirements,a time- limited grace period may be available under certain circumstances to allow for transition from policies and procedures I that complied with previous standards for procurements under federal awards to policies and procedures that comply with the new standards(that is,to those at 2 C F R 200 317 through 200 326) j I I j For more information on the Part 200 Uniform Requirements,including information regarding the potentially-available grace period described above,see the Office of Justice Programs(OJP)website at http//o1P gov/funding/Part200UniformReguirements htm I � in the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact OJP promptly for clarification 2 The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently,the"2015 DOJ Grants Financial Guide") I � I 3 The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C F R Section 42 302)that is approved by the Office for Civil Rights is a violation of the Standard Assurances executed by the recipient,and may result in suspension of funding until such time as the recipient is in compliance,or termination of the award 4 The recipient understands and agrees that OJP may withhold award funds,or may impose other related requirements,if the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards 5 Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the j express prior written approval of OJP 6 The recipient and any subrecipients must promptly refer to the DOJ OIG any credible evidence that a principal, employee,agent,subrecipient,contractor,subcontractor,or other person has--(1)submitted a claim for award funds that violates the False Claims Act,or(2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving award funds Potential fraud,waste,abuse,or misconduct should be reported to the OIG by-mail Office of the Inspector General U S Department of Justice Investigations Division 950 Pennsylvania Avenue,N W Room 4706 Washington,DC 20530 e-mail oig hotline@usdoJ gov hotline (contact information in English and Spanish) (800)8694499 or hotline fax (202)616-9881 Additional information is available from the DOJ OIG website at www usdoJ gov/oig Ill OJP FORM 4000/2(REV 4-98) t �✓ `�J i I Department of Justice j Office of Justice Programs AWARD CONTINUATION E Bureau of Justice Assistance SHEET PAGE 3 OF 10 .. H Grant PROJECT NUMBER 2015-DJ-BX-0226 AWARD DATE 08/13/2015 1 SPECIAL CONDITIONS i 7 Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient under this award,or entity that receives a contract or subcontract with any funds under this j award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse I to an investigative or law enforcement representative of a federal department or agency authorized to receive such information The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to j sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information ! � I I In accepting this award,the recipient— i i a represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above,and b certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency � I I 2 If the recipient does or is authorized to make subawards or contracts under this award— � a it represents that— (1) R has determined that no other entity that the recipient's application proposes may or will receive award funds i (whether through a subaward,contract,or subcontract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or j purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above,and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation,and b it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to the agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency 8 Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries,without the express prior written approval of OJP 9 The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee Cf 28 C F R parts 66,70 I � OJP FORM 400012(REV 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET Grant PAGE 4 OF 10 I ' ' i I i PROJECT NUMBER 2015-DJ-BX-0226 AWARD DATE 08/13/2015 SPECIAL CONDITIONS 10 The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management(SAM)(or with a successor government-wide system officially designated by OMB and OJP) The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System(DUNS)number The details of recipient obligations are posted on the Office of Justice Programs web site at http//www ojp gov/fundmg/sam htm(Award condition Registration with the Systcm for Award Management and Universal identifier Requirements),and are incorporated by reference here This special condition does not apply to an award to an individual who received the award as a natural person(i e,unrelated to any business or non-profit organization that he or she may own or operate in his or her name) i I 11 Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed Reg 51225(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while dnvmg any vehicle during the course of performing work funded by this grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers 12 The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences,meetings,tramings,and other events,including the provision of food and/or beverages at such events,and costs of attendance at such events Information on rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3 10 of"Postaward Requirements"in the"2015 DOJ Grants Financial Guide") I � 13 The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available at http//www oJp usdoj gov/funding/ojptminmgguidmgprmciples htm 14 The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award,and those award funds have been,are being,or are to be used,in whole or in part,for one or more of the identical cost items for which funds are being provided under this OJP award,the recipient will promptly notify,in writing,the grant manager for this OJP award,and,if so requested by OJP,seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding 15 The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds,or of the parents or legal guardians of such students 16 The recipient understands and agrees that-(a)No award funds may be used to maintain or establish a computer i network unless such network blocks the viewing,downloading,and exchanging of pornography,and(b)Nothing in subsection(a)limits the use of funds necessary for any Federal,State,tribal,or local law enforcement agency or any other entity carrying out criminal investigations,prosecution,or adjudication activities 17 A recipient that is eligible under the Part 200 Uniform Requirements to use the"de minimis"indirect cost rate described in 2 C F R 200 414(f),and that elects to use the"de minimis"indirect cost rate,must advise OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200 Uniform Requirements The"de minimis"rate may be applied only to modified total direct costs(MTDQ i 18 The recipient must collect,maintain,and provide to OJP,data that measure the performance and effectiveness of activities under this award,in the manner,and within the timeframes,specified in the program solicitation,or as otherwise specified by OJP Data collection supports compliance with the Government Performance and Results Act (GPRA)and the GPRA Modernization Act,and other applicable laws OJP FORM 4000/2(REV 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 10 Grant PROJECT NUMBER 2015-DJ-BX-0226 AWARD DATE 08/13/2015 SPECIAL CONDITIONS 19 The recipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic desk reviews,and/or site visits The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks,including documentation related to any subawards made under this award Further,the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents Failurc to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards,including,but not limited to withholdings and/or other restnctions on the recipient's access to grant funds,referral to the Office of the inspector General for audit review,designation of the recipient as a DOJ High Risk grantee,or termination of an award(s) ! j 20 The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds Such data will be submitted to the FFATA Subaward Reporting System(FSRS) The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at http//www olp gov/funding/tfata him(Award condition Reporting Subawards and Executive Compensation),and are incorporated by reference here This condition,and its reporting requirement,does not apply to grant awards made to an individual who received the award as a natural person(i e,unrelated to any business or non-profit organization that j he or she may own or operate in his or her name) 21 Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of the Part 200 Uniform Requirements Program income earnings and expenditures both must be reported on the quarterly j Federal Financial Report,SF 425 I 22 The recipient understands and agrees that it has a responsibility to monitor its subrecipients'compliance with applicable federal civil rights laws The recipient agrees to submit written Methods of Administration(MOA)for j ensuring subrecipients'compliance to the OJP's Office for Civil Rights at CivilRightsMOACusdoJ gov within 90 days of receiving the grant award,and to make supporting documentation available for review upon request by OJP or any other authorized persons The required elements of the MOA are set forth at http//www olp usdoJ gov/tunding/other_requirements him,under the heading,"Civil Rights Compliance Specific to State Administering Agencies" I 23 In order to promote information sharing and enable interoperability among disparate systems across the Justice and public safety community,OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global)guidelines and recommendations for this particular grant Grantee shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at http//www it olp gov/gsp_grantcondition Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed Justification for why an alternative approach is recommended 24 To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity betweenlunsdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed iT system I OJP FORM 4000/2(REV 4-88) Department of Justice I Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PAGE 6 OF 10 Grant I i PROJECTNUMBER 2015-DJ-BX-0226 AWARD DATE 08/13/2015 SPECIAL CONDITIONS 25 The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C F R Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable Should OJP determine 28 C F R Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as per the regulation Should any violation of 28 C F R Part 23 occur,the recipient may be fined as per 42 U S C 3789g(c)-(d) Recipient may not satisfy such a fine with federal fiends I 26 The grantee agrees to comply with the applicable requirements of 28 C F R Part 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation") The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship,religious instruction,or proselytization Recipients of direct grants may still engage in inherently religious activities,but such activities must be separate in time or place from the Department of Justice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision } of services on the basis of a beneficiary's religion Notwithstanding any other special condition of this award,faith- based organizations may,in some circumstances,consider religion as a basis for employment See http//www ojp gov/about/ocr/equal_fbo htm i 27 Grantee agrees to comply with the requirements of 28 C F R Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent i ` 28 Grantee agrees to comply with all confidentiality requirements of 42 U S C section 3789g and 28 C F R Part 22 that are applicable to collection,use,and revelation of data or information Grantee further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C F R Part 22 and,in particular, section 22 23 29 Award recipients must venfy Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System f (GMS)to document changes i 30 The grantee agrees that within 120 days of award acceptance,each current member of a law enforcement task force funded with these funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,will complete required online(intemet-based)task force training Additionally,all future task force members are required to complete this training once during the life of this award,or once every four years if multiple awards include this requirement The training is provided free of charge online through BJA's Center for Task i Force Integrity and Leadership(www ctfli org) This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and accountability When BJA funding supports a task force,a task force personnel roster should be compiled and maintained,along with course completion certificates,by the grant recipient Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership(www ctfli org) 31 The recipient agrees to participate in BJA-sponsored training events,technical assistance events,or conferences held by BJA or its designees,upon BJA's request I I OJP FORM 4000/2(REV 4-88) i�� Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 7 OF 10 Grant I i � PROJECTNUMBER 2015-DJ-BX-0226 AWARD DATE 08/13/2015 SPECIAL CONDITIONS 32 All procurement(contract)transactions under this award must be conducted in a manner that is consistent with applicable Federal and State law,and with Federal procurement standards specified in regulations governing Federal awards to non-Federal entitles Procurement(contract)transactions should be competitively awarded unless circumstances preclude competition Noncompetitive(e g,sole source)procurements by the award recipient in excess of the Smiplified Acquisition Threshold(currently$150,000)set out in the Federal Acquisition Regulation must receive prior approval from the awarding agency,and must otherwise comply with rules governing such procurements found in the current edition of the OJP Financial Guide I 33 Approval of this award does not indicate approval of any consultant rate in excess of$650 per day A detailed Justification must be submitted to and approved b the Office of Justice Programs(OJP) � PP Y gr )program office prior to obligation or expenditure of such funds I 34 Award recipients must submit quarterly a Federal Financial Report(SF425)and annual performance reports through GMS(https//grants oJp usdoJ gov) Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA),P L 103-62,applicants who receive funding under this solicitation must provide data that measure the results of their work Therefore,quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool(PMT)website(www bJaperformancetools org) For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage Failure to submit required JAG reports by established deadlmes may result in the freezing of grant funds and future High Risk designation 35 The recipient agrees that funds received under this award will not be used to supplant State or local funds,but will be j used to increase the amounts of such funds that would,in the absence of Federal funds,be made available for law enforcement activities 36 The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations, OMB circulars,and guidelines,including the OJP Financial Guide,and to include the applicable conditions of this award in any subaward The recipient is responsible for oversight ofsubrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients The recipient agrees to submit,upon request, documentation of its policies and procedures for monitoring of subawards under this award 37 The recipient agrees to submit a signed certification that that all law entoreement agencies receiving vests purchased with JAG funds have a written"mandatory wear"policy in effect Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body armor purchases This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty I 38 Ballistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level,make or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List(http//ng gov) In addition,ballistic-resistant and stab-resistant body armor purchased must be American- made The latest NIJ standard information can be found here http//www niJ gov/topies/tcchnology/body-arinor/safety- initiative htin I 39 JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the j Bulletproof Vest Partnership(BVP)program I I ON FORM 4000/2(REV 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION 3 Bureau of Justice Assistance SHEET PAGE s OF 10 ` Grant ' I PROJECT NUMBER 2015-DJ-BX-0226 AWARD DATE 08/13/2015 I SPECIAL CONDITIONS I 40 The recipient is required to establish a trust fund account (The trust fund may or may not be an interest-bearing account)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG) The recipient also agrees to obligate the grant funds in the trust Lund(including any interest earned)during the period of the grant and expend within 90 days thereafter Any unobligated or unexpended funds,including interest earned,must be returned to the Office of Justice Programs at the time of closeout I 41 The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the grantee or by a subgrantee Accordingly,the grantee agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes If it is determined that any of the following activities will be funded by the grant,the grantee agrees to contact BJA I i The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds That is,as long as the activity is being conducted by the grantee,a subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met The activities covered by this special condition are a New construction, b Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places, c A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size, d Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments,and e Implementation of a program relating to clandestine methamphetamme laboratory operations,including the identification,seizure,or closure of clandestme methamphetamme laboratories The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at I http//www oJp usdoJ gov/BJA/resource/nepd htinl,for programs relating to niethaniphetamine laboratory operations Application of This Special Condition to Grantee's Existing Programs or Activities For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity 42 BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories To submit a success story,sign in to your My BJA account at https//www bla gov/Login aspx to access the Success Story Submission form If you do not yet have a My BJA account,please register at https//www bJa gov/profile aspx Once you register,one of the available areas on your My BJA page will be"My Success Stones" Within this box,you will see an option to add a Success Story Once reviewed and approved by BJA,all success stones will appear on the new BJA Success Story web page at https//www bJa gov/SuccessStoryList aspx 43 Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time The Prohibited Expenditure list may be accessed here https//www bJa gov/funding/JAGControlledPurchaseList pdf - - --- -- - -- - OJP FORM 4000/2(REV 4-88) Department of Justice i Office of Justice Programs I AWARD CONTINUATION iE Bureau of Justice Assistance SHEET PAGE 9 OF 10 Grant I I I PROJECTNUMBER 2015-DJ-BX-0226 AWARD DATE 08/13/2015 SPECIAL CONDITIONS 44 Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,without explicit written prior approval from BJA The Controlled Expenditure List,and instructions on how to request approval for purchase or acquisitions may be accessed here https//www bja gov/funding/JAGControlledPurchaseList pdf 45 Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,with award funds by an agency j will trigger a requirement that the agency collect and retain(for at least 3 years)certain information about the use of 1) any federally-acquired Controlled Equipment in the agency's inventory,and 2)any other controlled equipment in the j same category as the federally-acquired controlled equipment in the agency's inventory,regardless of source,and make that information available to BJA upon request Details about what information must be collected and retained may be accessed here https//www whitehouse gov/sites/default/files/dots/te_equipment_wg_final_report_final pdf 46 Recipient understands and agrees that,notwithstanding2 CFR 200 313,no 0 equipment fisted on the Controlled � Expenditure List that is purchased under this award may be transferred or sold to a third party,except as described below a Agencies may transfer or sell any controlled equipment,except not helmets and not shields,to a Law Enforcement Agency(LEA)after obtaining prior written approval from BJA As a condition of that approval,the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List j b Agencies may not transfer or sell any not helmets or not shields purchased under this award c Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs,with the exception of fixed wing aircraft,rotary wing aircraft,and command and control vehicles Before any such transfer or sale is finalized,the agency must obtain prior written approval from BJA All law enforcement-related and other sensitive or potentially dangerous components,and all law enforcement insignias and identifying markings must be removed prior to transfer or sale Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award,and to abide by any applicable laws and regulations in such disposal j i i 47 Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled j Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal , awards 48 Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BJA)has received documentation demonstrating that the state or local governing body review and public comment requirements have been met and a Grant Adjustment Notice(GAN)has been approved releasing this special condition 49 With respect to this award,federal funds may not be used to a cash Y pay compensation(salary plus bonuses)to any employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System j for that year (An award recipient may compensate an employee at a higher rate,provided the amount in excess of this compensation limitation is paid with non-federal funds) I This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the ON official indicated in the program announcement under which this award is made I i ON FORM 4000/2(REV 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION El Bureau of Justice Assistance SHEET PAGE 10 OF 10 Grant I i I PROJECT NUMBER 2015-DJ-BX-0226 AWARD DATE 08/13/2015 SPECIAL CONDITIONS i 50 Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has j received and approved the signed Memorandum of Understanding(MOU)between the disparate Jurisdictions and has i j issued a Grant Adjustment Notice(GAN)releasing this special condition i 51 Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has reviewed and approved the Abstract portion of the application and has issued a Grant Adjustment Notice(GAN) informing the recipient of the approval I i 52 Recipient may not expend,or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN)informing the recipient of the approval i I 53 Recipient may not expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has reviewed and approved the Program Narrative portion of the application and has issued a Grant Adjustment Notice (GAN)informing the recipient of the approval I II ' I I I � I I i I i I i I I I OJP FORM 4000/2(REV 4-88) il�f NASPO ValuePoint(formerly known as WSCA) CALIFORNIA CONTRACT #7-10-70-16 QUOTE FORM DATE: July 25,2016 Sales Rep lKristie Erwin E-CODE: I E1CFW Address 115505 Sand Canon Ave I Email: lkristie.erWnOverizonWreless.com Ci /State/Zi Irvine CA Phone: 949 52fi-2884 CUSTOMER •' ACCOUNT NAME: Cit of Huntington Beach-PD SHIP TO Account Name: lJohn Carpenter BILLING ADDRESS: SHIP TO Address BILLING ADDRESS: SHIP TO Address Huntington CITY/STATE/ZIP Beach Ca CITY/STATE/ZIP ACCOUNT#/ FEDERAL TAX ID: Acct Type: CUSTOMER ID: TRANSACTION ! Cell Phone#/ MONTHLY PAYMENT ^Taxable Actual # TRANSACTION TYPE NPA User Name Rate Plan RATE Accessory Equipment Model TYPE List Price Price ea. Price ea. Total Tax UNITS Total iPhone 6 4G LTE 16GB Space Gray Device SKU- MGSW 2WA Device Payment Retail $54888 SELECT 1 NEW ACTIVATION ONE $549.99 $549.99 $99.99 $2,199.96 50 $7,199.46 OtterBox Defender Series for iPhone 6/6s Black $49.99 SELECT 2 ACCESSORY ITEM SKU:77-52194 ONE $49.99 $49.99 $37.50 $199.96 50 $2,074.96 SELECT 3 SELECT ONE ONE $0.00 $0.00 SELECT 4 SELECT ONE ONE $0.00 $0.00 SELECT 5 SELECT ONE ONE $0.00 $0.00 SELECT 6 SELECT ONE ONE $0.00 $0.00 SELECT 7 SELECT ONE ONE $0.00 $0.00 SELECT 8 SELECT ONE ONE $0.00 $0.00 SELECT 9 SELECT ONE ONE $0.00 $0.00 SELECT 10 SELECT ONE ONE $0.00 $0.00 SELECT 11 SELECT ONE ONE $0.00 $0.00 SELECT 12 SELECT ONE ONE $0.00 $0.00 SELECT 13 SELECT ONE ONE $0.00 $0.00 SELECT 14 SELECT ONE ONE $0.00 $0.00 SELECT 15 SELECT ONE ONE $0.00 $0.00 SELECT 16 SELECT ONE ONE $0.00 $0.00 SELECT 17 SELECT ONE ONE $0.00 $0.00 SELECT 18 SELECT ONE ONE $0.00 $0.00 SELECT 19 SELECT ONE ONE $0.00 $0.00 SELECT 20 SELECT ONE ONE $3.00 $0.00 Estimated Monthly $0.00 CA State Sales&Use Regulation 1585 requires Verizon Wireless to assess sales tax on the retail price of cellular phones, Shipping Charge aircarrds and modems. Sales Tax is calculated based on the"SHIP TO"location. 8.000% Total $9,274 4,2 COMM ENTS/SPECIAL INSTRUCTIONS f(foore isforestimating purposes only.Additional charges,taxes,feesantl surchargesapply.Quote is based on pricing antlequipment offersavailable underthe contract between VerizonWireless&State ofCA,NASPO ValuePoiM ow rmerly knnasWSCA)ContractV-ID-061a(State Contract.Intheevert of any ambiguities or inconsistencies between this quote antl the State Contract,the State Contract shall prevail.Please refertothe State Contractforails,which can be found on the DGS.CA.gov site.Quote is valid for the earlier M 90 days,the date State Contract expires,or the date promotional pricing expires. WSCA-CA Quote Form 2 22 2012 TASER International Protect Life. Protect Truth. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (8OO) 978-2737 Fax: Russ Reinhart (714) 536-5976 (714) 374-1629 Quotation rreinhart@hbpd.org Quote: 0-76532-1 Date: 7/14/2016 3:49 PM Quote Expiration: 8/31/2016 Contract Start Date*: 9/1/2016 Contract Term: 5 years AX Account Number: 112599 Bill To: Ship To: Huntington Beach Police Dept. -CA Russ Reinhart 2000 Main Street Huntington Beach Police Dept. -CA Huntington Beach, CA 92648 2000 Main Street US Huntington Beach, CA 92648 US SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Chad Kapler 480-341-9539 ckapler@taser.com Fedex-Ground Net 30 *Note this will vary based on the shipment date of the product. Year CITY ITEM# DESCRIPTION NET UNIT PRICE NET TOTAL 9 70033 WALL MOUNT BRACKET,ASSY, EVIDENCE.COM DOCK USD 35.00 USD 315.00 50 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 33,000.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 2 89101 PROFESSIONAL EVIDENCE.COM LICENSE:YEAR 1 PAYMENT USD 468.00 USD 936.00 60 185110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 1 85055 PREMIUM PLUS SERVICE USD 15,000.00 USD 15,000.00 10,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 7,500.00 50 74001 AXON CAMERA ASSEMBLY,ONLINE,AXON BODY 2 USD 399.00 USD 19,950.00 50 74018 Z-BRACKET MOUNT, MIENS,AXON BODY 2 USD 0.00 USD 0.00 50 74020 MAGNET MOUNT, FLEXIBLE, AXON BODY 2 USD 0.00 USD 0.00 50 73004 WALL CHARGER, USB SYNC CABLE, FLEX USD 0.00 USD 0.00 9 74008 AXON DOCK,6 BAY+CORE,AXON BODY 2 USD 1,495.00 USD 13,455.00 9 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 1,944.00 2 74001 AXON CAMERA ASSEMBLY,ONLINE,AXON BODY 2 USD 0.00 USD 0.00 2 74018 Z-BRACKET MOUNT, MIENS,AXON BODY 2 USD 0.00 USD 0.00 Page 1 of 4 QTY ITEM# DESCRIPTION NET UNIT PRICE NET TOTAL 2 74020 MAGNET MOUNT, FLEXIBLE,AXON BODY 2 USD 0.00 USD 0.00 Year 1 Tax Amount: USD 5,493.15 Year 1 Net Amount Due Including Taxes: USD 97,593.15 Year 2 QTY ITEM# DESCRIPTION NET UNIT PRICE NET TOTAL 10,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 7,500.00 50 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 33,000.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 2 89201 PROFESSIONAL EVIDENCE.COM LICENSE:YEAR 2 PAYMENT USD 468.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 9 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 1,944.00 Year 2 Tax Amount: USD 2,795.52 Year 2 Net Amount Due Including Taxes: USD 46,175.52 Year 3 QTY ITEM# DESCRIPTION NET UNIT PRICE NET TOTAL 10,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 7,500.00 50 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 33,000.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 2 89301 PROFESSIONAL EVIDENCE.COM LICENSE:YEAR 3 PAYMENT USD 468.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 9 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 1,944.00 Year 3 Tax Amount: USD 2,795.52 Year 3 Net Amount Due Including Taxes: USD 46,175.52 Year 4 QTY ITEM# DESCRIPTION NET UNIT PRICE NET TOTAL 10,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 7,500.00 50 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 33,000.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 2 89401 PROFESSIONAL EVIDENCE.COM LICENSE:YEAR 4 PAYMENT USD 468.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 9 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 1,944.00 Year 4 Tax Amount: USD 2,795.52 Year 4 Net Amount Due Including Taxes: USD 46,175.52 Year 5 QTY ITEM# DESCRIPTION NET UNIT PRICE NET TOTAL 10,000 85035 EVIDENCE.COM STORAGE USD 0.75 USD 7,500.00 50 85078 ULTIMATE EVIDENCE.COM ANNUAL PAYMENT USD 660.00 USD 33,000.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 2 89501 PROFESSIONAL EVIDENCE.COM LICENSE:YEAR 5 PAYMENT USD 468.00 USD 936.00 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 Page 2of4 QTY ITEM# DESCRIPTION NET UNIT PRICE NET TOTAL 9 87026 TASER ASSURANCE PLAN DOCK 2 ANNUAL PAYMENT USD 216.00 USD 1,944.00 Year 5 Tax Amount: USD 2,795.52 Year 5 Net Amount Due Including Taxes: USD 46,175.52 Subtotal USD 265,620.00 Estimated Sbipping&Handling Cost USD 404.64 Estimated Tax USD 16,675.23 Grand Total USD 282,699.87 Page 3of4 Complimentary Evidence.com Tier Upgrade Through September 2016 This quote contains a purchase of either the Basic or Standard Evfdence.com license.You will temporarily receive the features available with the Professional license for the Basic and Standard licenses purchased until September 2016.This is a free upgrade to your account so you can enjoy all the benefits of our most feature rich license her.In September 2016 you will be prompted to select which users you would like to assign to each tier.This will have no impact on uploaded data. Axon Pre-order Thank you for your interest in Axon!This pre-order is a commitment to purchase Axon Body 2 and/or Axon Fleet.Axon Body 2 is available for delivery between 8-10 weeks after purchase date.Axon Fleet is available for delivery between August 1,2016 and August 14,2016. You will be notified if there are any delays.TASER reserves the right to make product changes without notice. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote,you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's Master Services and Purchasing Agreement posted at wwwAaser.com/lecal.You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity,such as the company,municipality,or government agency you work for,you represent to TASER that you have legal authority to bind that entity.If you do not have this authority,do not sign this Quote. Signature: Date: Name(Print): Title: PO#(if needed): Quote: 0-76532-1 Please sign and email to Chad Kapler atckapler@mser.com or fax to THANK YOU FOR YOUR BUSINESS! Protect Life'and©are trademarks of TASER International,Inc.,and TASER@ is a registered trademark of TASER International,Inc.,registered in the U.S. 2013 TASER Internal oral,Inc.All tights reserved. Page 4 of 4 COUNCIL AGENDA: 6/07/16 ITEM: 3.7 ak CITY OF SiWJQSE Memorandum CAPITAL OF SILICON VALLEY TO: HONORABLE MAYOR FROM: Julia H. Cooper AND CITY COUNCIL Edgardo Garcia SUBJECT: SEE BELOW DATE: May 20, 2016 Approved Date Z-4 �t SUBJECT: REPORT ON REQUEST FOR PROPOSAL FOR A BODY WORN CAMERA AND EVIDENCE MANAGEMENT SYSTEM RECOMMENDATION Accept the report on the Request for Proposal ("RFP") for a Body Worn Camera and Evidence Management System and adopt a resolution authorizing the City Manager to: 1. Negotiate and Execute an Agreement with Taser International, Inc. (Scottsdale, AZ) for the purchase of a Body Worn Camera and Evidence Management System, including 963 body worn cameras, docking stations, evidence management software, video and capture storage services, training, and related professional services for an initial five-year term, ending June 2021, with a maximum compensation not-to-exceed $4,427,940, subject to the annual appropriation of funds. 2. Execute change orders not-to-exceed $500,000 in the event additional cameras are required for additional police officers, or to cover any unanticipated changes that may be required during system implementation, subject to the appropriation of funds. 3. Execute up to five, one-year options to extend the term of the Agreement after the initial five-year term, subject to the annual appropriation of funds. OUTCOME Approval of this action will allow the San Jose Police Department(SJPD)to utilize a Body Worn Camera(BWC) system to improve policing and provide a safer community. There is a nationwide movement toward the use of body worn cameras in the law enforcement industry. Body worn cameras can enhance accountability and increase transparency between officers and the public they serve. The San Josh Police Department is committed to outfitting officers with cameras to record an accurate representation of officer-community contacts, and to developing an effective, comprehensive policy through ongoing community outreach. Body worn cameras HONORABLE MAYOR AND CITY COUNCIL May 20,2016 Subject: Report on Request for Proposal for a Body Worn Camera and Evidence Management System Page 2 have proven to be a useful tool for report writing and evidence collection while reducing complaints and lawsuits against officers. Body worn camera deployment will increase officer safety, improve police effectiveness, and advance community relations in San Josh. EXECUTIVE SUMMARY This memorandum provides the City Council with a report on the RFP process for a body worn camera and evidence management system. After a thorough and complete evaluation of proposals from eight different companies, staff recommends award of contract to Taser International, Inc., who submitted the most advantageous proposal to the City based on the criteria set forth in the RFP. BACKGROUND In November 2013, the San Josh Police Department created the Body Worn Camera Committee (BWC Committee)to work with various stakeholders as the Department drafted a work plan and policies to incorporate body worn cameras as standard-issue equipment for all officers. The goals of the BWC Committee were to provide the Department, City Council and the Community with information on body worn cameras,to develop a comprehensive body worn camera policy, to evaluate body worn camera features and functionality, and to develop specifications and requirements that would be used to procure and implement a body worn camera solution. In April 2015, the Department brought forth a spending plan that City Council approved for the Supplemental Law Enforcement Services grant which proactively set aside the initial allocation to begin the roll out of the BWC program'. This initial allocation was not expected to cover the full cost of the program; however, it allowed the Department to begin the initial roll-out and identify the full cost of the program. In June 2015,the Department formed the Body Worn Camera Administrative Unit to manage the test and evaluation phase, continue internal and external outreach as well as coordinate and plan for the procurement and implementation of body worn cameras. In July 2015,the San Josh Police Department initiated a three-month test and evaluation of body worn cameras, known as a Pilot or Field Test. The purpose of the Field Test was to evaluate the features available with the different body worn cameras and evidence management systems used for data collection and archiving, as well as understand what actions would be required to implement a full deployment of body worn cameras given the Department's current resources, staffing levels, and infrastructure. 'hq://sanjoseca.gov/DocumentCenterNiew/42499 HONORABLE MAYOR AND CITY COUNCIL May 20,2016 Subject:Report on Request for Proposal for a Body Worn Camera and Evidence Management System Page 3 The Field Test established that the body worn cameras and the cloud-based evidence management systems tested are secure and have robust features and functionality that are specifically designed for law enforcement including ease of reviewing and annotating and sharing video evidence'files as needed with other Department staff and the Santa Clara County District Attorney's Office. Feedback from the Field Test Officers and the Department's Systems Development Unit all supported the direction to store the video evidence in a Criminal Justice Information Services (CJIS) compliant, cloud solution. In October 2015, as part of City Council's adoption of the 2014-2015 Annual Report, the City Council approved an appropriation from the Federal Drug Forfeiture Fund to fully fund the initial year of the BWC Program2. In February 2016, the City Manager's Office released the 2017-2021 City Manager's Five—Year Forecast, which assumed a Committed Addition for the ongoing funding necessary to sustain the program3. This Committed Addition has been brought forward in the 2016-2017 Proposed Operating Budget as part of the budget development process for City Council review4. Since 2014, there have been numerous updates and reports to the Public Safety Finance and Strategic Support Committee on the Department's plan for the deployment of body worn cameras, as well as updates on the status of the field test leading to the development and issuance of a RFP to procure a BWC system. ANALYSIS In November 2015, the Finance Department released a RFP for a Body Worn Camera and Evidence Management System through the City's e-procurement system. A total of 115 companies viewed the RFP, and eight proposals were received by the January 11, 2016 proposal deadline as listed below: • Digital Ally, Inc. (Lenexa, KS) • Municipal Emergency Services, Inc. (Southbury, CT) • SHI International Corp. (Somerset,NJ) • Taser International, Inc. (Scottsdale, AZ) • Utility Associates, Inc. (Decatur, GA) • VieVu LLC (Seattle, WA) • ViON Corporation(Herndon, VA) • WatchGuard Video (Allen, TX) 'hn://www.sanioseca.gov/DocumentCenterNiew/46659 s http://www.sanjoseca.gov/DocumentCenterNiew/54731 a ho://www.sanjoseca.gov/DocumentCenterNiew/56312 HONORABLE MAYOR AND CITY COUNCIL May 20,2016 Subject: Report on Request for Proposal for a Body Worn Camera and Evidence Management System Page 4 The RFP evaluation process consisted of four phases with only the highest scoring proposals advancing to the next phase. After each phase the scores from the previous phase were converted to the new weight for each subsequent phase. The evaluation criteria and respective weights for each phase are summarized in the table below: Weight by Phase Criteria Phase 1 Phase 2 Phase 3 Phase 4 Experience 90% 30% 15% 10% Technical Capabilities 60% 25% 15% Oral Presentation/Demonstration 50% 20% Cost 45% Local Business Preference 5% 5% 5% 5% Small Business Preference 5% 5% 5% 5% TOTAL 100% 100% 100% 100% A team of five evaluators with representation from the Police Department, the San Jose Police Officer's Association, the City Manager's Office, and the Independent Police Auditor was formed to evaluate the proposals. Proposals were independently evaluated and scored by each team member. Phase 1: Experience: Each proposer's experience was considered, including the number of years implementing BWC solutions in an environment similar to the City's. At the conclusion of this Phase, four of the eight proposers (Digital Ally, Municipal Emergency Services, SHI, and WatchGuard)were eliminated from further consideration. Phase 2: Technical Capabilities: In this phase, proposals were evaluated for a variety of factors including their project approach for deploying their solution, hardware, video storage capacity, video redaction capabilities, customer service, and training. At the conclusion of this Phase, (VieVu)was eliminated from further consideration leaving three finalists. Phase 3: Oral Presentations/Demonstrations: Three finalists, Taser, Utility, and ViON were invited to participate in oral presentations to demonstrate their knowledge and understanding of the City's requirements, introduce key personnel who would be assigned to the project, and to present a comprehensive demonstration of their solution. At the conclusion of this Phase,two of the three remaining firms (Utility and ViON) were eliminated from further consideration. Phase 4: Cost: Taser was required to submit a comprehensive cost proposal that included all required hardware, software subscriptions, cloud storage,hosting and related professional services for project management, implementation, integration, installation, testing, training, initial warranty, and support. HONORABLE MAYOR AND CITY COUNCIL May 20,2016 Subject: Report on Request for Proposal for a Body Worn Camera and Evidence Management System Page 5 Best and Final Offer (BAFO):A Best and Final Offer was issued to Taser in order to make final clarifications to the City's requirements, and obtain best and final pricing. This step resulted in a $558,600 price reduction over the initial five-year term of the agreement. A summary of scores for each proposer by phase of the evaluation may be found in Attachment A to this memorandum. Local and Small Business Preference: In accordance with City policy,ten percent of the total evaluation points were reserved for local and small business preference. None of the Proposers requested consideration for the preference; therefore,the preference was not a factor in the final outcome. Award Recommendation: Staff recommends award of contract to Taser International, Inc. The evaluation team unanimously agreed that their proposed solution is the most advantageous and the best value to the City. Taser's proposal scored highest overall; meeting or exceeding all of the RFP specifications, and their solution was rated superior in the following key areas: • Extensive experience and expertise in the development, implementation, installation and support of Body Worn Camera and Evidence Management Systems. Track record of successful implementations, reliability of installed systems and superior customer service as validated through reference checks (see below references). • Light-weight, durable, easy to use body worn camera with a configurable pre-event buffer and extensive battery life. • A cloud-based evidence management software solution with user-friendly functions for video editing and redaction as well as ease of reviewing, case management, annotating and sharing video evidence files. • Unlimited storage capacity for photos and videos uploaded from body worn cameras. • Body worn camera replacement every 2.5 years included in the cost of the solution. • Integration with the Police Department's computer-aided dispatch(CAD) software. Staff conducted comprehensive reference checks with the 1) San Diego (CA) Police Department, and 2) Charlotte Mecklenburg (NC)Police Department where 1,000 and 1,456 body worn cameras were successfully deployed, respectively. Both references checked positive. Summary of Agreement: Staff is requesting authority to negotiate and execute an Agreement with Taser International, Inc. that will include fixed pricing for hardware, software subscription licenses, storage services, and professional services for project management, implementation, integration, installation,testing,training, and technical maintenance and support during the initial five-year term. The Agreement will also include a detailed statement of work defining all deliverables and a compensation schedule with payments tied to the successful completion of milestones for the initial implementation of the system, and the BWC deployment schedule. The initial term of the agreement is five years with options to extend the agreement for up to five additional one-year terms. Option year pricing shall be based on renewal quotes from Taser HONORABLE MAYOR AND CITY COUNCIL May 20,2016 Subject: Report on Request for Proposal for a Body Worn Camera and Evidence Management System Page 6 International, Inc. and any requests for compensation increases must be justified by the company and are subject to approval by the City. Protest: The RFP process included a ten day protest period that commenced when Proposers received the City's Notice of Intended Award on April 28, 2016. On May 6, 2016, the City received a protest from the law firm of Dentons US LLP, acting on behalf of Utility Associates. Their protest contends that 1)the City's technical evaluation rating of Taser higher than Utility is irrational and inconsistent with the RFP requirements; 2) Utility's evaluated score for Phase 3, Demonstrations, is unreasonable because Utility met all requirements and, therefore, should have received a perfect score; 3) By eliminating Utility prior to Phase 4, Cost, the City failed entirely to evaluate relative cost and value to the City; 4) Had the City evaluated Utility's proposed cost, Taser would have received a lower cost score and Utility a perfect score of 45. A copy of the protest is attached. The protest was carefully reviewed by the Chief Purchasing Officer who concluded that the City fairly evaluated and scored all proposals against the criteria set forth in the RFP. On May 17, 2016,the City formally notified Utility Associates that their protest was denied, and of their appeal rights to the City Council. Attached is a copy of the Chief Purchasing Officer's determination. EVALUATION AND FOLLOW-UP This memorandum will not require any follow-up from staff. PUBLIC OUTREACH This item will be posted on the City's website for the June 7, 2016 City Council Agenda. COORDINATION This memorandum has been coordinated with the City Attorney's Office and the City Manager's Budget Office. FISCAL/POLICY ALIGNMENT This action is consistent with the City's 2015-2016 Operating Budget City Service Areas Delivery Framework for Performance-Driven Government for Operational Services: 1) The public feels safe anytime, anywhere in San Jose, and 2) Strategic Support's Effective Use of Technology. HONORABLE MAYOR AND CITY COUNCIL May 20,2016 Subject: Report on Request for Proposal for a Body Worn Camera and Evidence Management System Page 7 COST SUMMARY/IMPLICATIONS 1. AMOUNT OF RECOMMENDATION (5-year initial term): $4,427,940 2. COST ELEMENTS: Year 1 Implementation - Evidence.com Unlimited Plan including all software, hardware, hosting 761,244 services, unlimited storage,technical maintenance & support) - Integration with the CAD System 15,000 Implementation subtotal 776 244 On-Going Annual Costs (Evidence.com annual license plus storage) - Year 2 912,924 - Year 3 912,924 - Year 4 912,924 - Year 5 912,924 On-going Annual Costs subtotal 3 651 696 Contingency $500,000 GRAND TOTAL 4 22_7 9-40 3. SOURCE OF FUNDING: Multiple funding sources as follows: - Supplemental Law Enforcement Services Fund - Federal Drug Forfeiture Fund - Police Department Non-Personal/Equipment General Fund 4. FISCAL IMPACT: The ongoing costs for this program are budgeted in the General Fund and incorporated into the 2016-2017 Proposed Budget. After the initial five-year term,the costs of ongoing subscription and technical support must be justified by the vendor, approved by the City, and are subject to the appropriation of funds. HONORABLE MAYOR AND CITY COUNCIL May 20,2016 Subject:Report on Request for Proposal for a Body Worn Camera and Evidence Management System Page 8 BUDGET REFERENCE The table below identifies the fund and appropriations proposed to fund the contract and contingency costs recommended as part of this memorandum. Ongoing annual costs are subject to the annual appropriation of funds. 2015-2016 Adopted Operating Fund Appn Total Amt. for Budget Last Budget Action # # Ap, n. Name Appn Contract Page Date, Ord. No. 414 2539 SLES Grant 2014- $1,811,361 $500,000 XI - 88 02/09/2016 2016 Ord. # 29688 419 3592 Body Worn $1,200,000 $276,244 XI - 33 10/20/2015 Cameras Ord. #29636 Total 2015-2016 Project $776,244 Funding 2015-2016 Adopted Operating Fund Appn Total Amt. for Budget Last Budget Action # # Ap n. Name Appn Contract Page Date, Ord. No. 419 3592 Body Worn $1,200,000 $500,000 XI - 33 10/20/2015 Cameras Ord. #29636 Total Contingency Funding $500,000 Available HONORABLE MAYOR AND CITY COUNCIL May 20,2016 Subject: Report on Request for Proposal for a Body Worn Camera and Evidence Management System Page 9 CEQA Not a Project, File No. PP10-066 (a)Agreements and Contracts. /s/ JULIA H. COOPER EDGARDO GARCIA Director of Finance Chief of Police For questions regarding the Request for Proposal, please contact Mark Giovannetti, Finance Deputy Director, at(408) 535-7052. For questions regarding the BWC system and deployment, contact Lieutenant Elle Washburn, Body-Worn Camera Administrative Unit, at(408) 537-1332. Attachment A: Summary of Scores by Evaluation Phase. Attachment B: Protest letter from Dentons LLP, Inc. submitted on behalf of Utility Associates Attachment C: Letter from City's Chief Purchasing Officer responding to Dentons' protest letter. Attachment A: Summary of Scores by Evaluation Phase Criteria/Phase Max Digital MES I SHI I Taser I Utility VieVu ViON WatchGuard Points Phase 1 -Experience Experience 90 57 61 63 86 75 69 69 56 Small 5 0 0 0 0 0 0 0 0 Local 5 0 0 0 0 0 0 0 0 Phase 1 Total 100 57 61 63 86 75 69 69 56 Phase 2-Technical Experience normalized 30 29 25 23 23 Technical 60 54 45 40 44 Small 5 0 0 0 0 m Local 5 0 0 0 0 .,_ V_ Phase 2 Total 10011% MW, 83 70 1 63 1 67 Phase 3-Demonstrations Experience g . normalized 15 14 12 12 '# Technical normalized 25 22 19 18 Demo 50 48 42 29 Small 5 0 0 0 a_ . Local 5 0 0 0 Phase 3 Total 100 84 73 59 _ Phase 4- Cost Experience normalized 10 10 Technical : '! W Frmo '.-. L. normalized 15 13 Demo normalized 20 19 Cost 45 45 Small 5 0 _ .. -� �,.��. ,. Local 5 0y L ' Phase 4 Total 100 87 ,;; Attachment B Dentons US LLP 601 South Figueroa Street-Suite 2500 Los Angeles,CA 90017-6704 United States McKenna Government Contracts, continuing excellonco at Dentons dentons.com May 6, 2016 Chief Purchasing Officer City of San Jose 200 East Santa Clara Street, 13th Floor San Jose, CA 96113 Re: Protest of Notice of Intended Award-RFP 15-16-12 Dear Purchasing Officer: In accordance with the City of San Jose Code of Ordinances ("Code"), as well as the laws and regulations of the State of California, Utility Associates, Inc. ("Utility")submits this Protest in response to the City of San.Jose (the "City") Notice of intended Award (the "Notice") of a contract based on Request for Proposal 15-16-12 (the "RFP"). The RFP sought proposals for a Body Worn Camera and Evidence Management System (the "System"). The Notice states that the City intends to award a contract to Taser International, Inc. ( Taser"). Utility submitted a timely proposal that was considered for award and is thus an "interested party"entitled to file this Protest. Code§4.12,410. The City's decision to award the contract to Taser is inconsistent with the terms of the RFP and applicable procurement law. In particular, the City improperly evaluated Taser's and Utility's technical proposals and failed entirely to evaluate relative cost to the City. As a result, the City effectively made an improper sole-source award to Taser at a price that the City has no basis to deem reasonable. The City's award to Taser is a bad decision for the City, its uniformed officers, and the community of taxpayers they serve and protect. The City has a history of ignoring its own procurement practices and has repeated this mistake here. Utility requests a hearing to address the issues raised in this Protest and requests that the City withdraw the Notice and fully reconsider Utility's Proposal, including its cost proposal. I. Background Upon information and belief, the following facts support that the City's evaluation was improper: 1. The City issued the RFP on November 20, 2015, See RFP, 2. The RFP sought proposals for a "cloud-based Body Worn Camera ... and Evidence Management System" to support the City's police department. Id. at 1. 3. The RFP Indicated that the City expected to procure approximately 963 cameras. Id. [Name-If Available] McKenna Government Contracts, May 6,2016 continuing excellence at Oentons Page 2 dentons.corn 4. The RFP required proposals to be submitted by January 11., 2016, with oral presentations and demonstrations to follow. Id. at 3. 5. The RFP indicated that the City would evaluate proposals as follows: a. In Phase 1,the City would evaluate the offerors'experience and qualifications based on written submittals. Id. at 6. b. In Phase 2, the City would evaluate the offerors' technical capabilities. id. at 7. c. In Phase 3, the City would invite the top offerors to demonstrate and present their Systems to the City. Id. d. In Phase 4,the City would consider cost proposals, Id. 6. Based on its evaluation or proposals, the RFP required the City to make an award decision "based on the overall highest ranked Proposer." Id. at 8. 7. Utility submitted its Proposal on January 6, 2016. See Utility Proposal at 1. 8. Utility proactively proposed a total cost of$4,386,000.00 for the System. Id. at 59, 9. Utility proposed a complete System that met the RFP's requirements. Id. 10. The City evaluated Utility's proposal and awarded the following scores: a. Utility's experience was evaluated at 76190,which was"normalized"to 26/30 based on the terms of the RFP. Notice at 2. b. Utility's technical was evaluated at 45/60,which was"normalized"to 19125 based on the terms of the RFP. Id.. - C. Utility was invited to demonstrate its system,and its demonstration was evaluated at 42/50. Id. 11. The City did not evaluate Utility's cost, Id. at 3. 12. Utility's proposal had the second-highest score at the end of Phase 3. id. at 2. 13. The City evaluated Taser's proposal and awarded the following scores: a. Taser's experience was evaluated at 86/90, Id. b. Taser's technical was evaluated at 54160. Id. C. Taser's demonstration was evaluated at 48150. Id. d. Taser's cost was evaluated at 45/45. Id, at 3. 14. The City only evaluated Taser's cost proposal and did not evaluate any other proposer's cost proposal. Id. [Name-If Available) McKenna Government Contracts, May 6,2016. continuing excellence at Dentons Page 3 dentons.com 15. Taser's System has many limitations. For example, Utility understands that Taser's cameras cannot perform the following functions, some of which are required by the RFP: a. "Officer Down" emergency alerts b. Automatic logins from a chipset in the officer's uniform C. Policy-based recording d. Automatic recording triggered by rapid motion e. Remote automatic recording triggered by central dispatch f. Recording triggered by GeoFence zones g. Live video streaming h. Automatic Global Positioning System ("GPS") tagging for video i. Receive alerts from systems such as Amber, Silver, or BOLO j. Automatic video redaction. See RFP at 18. 16. Taser's system cannot redact 45 minutes of video or display the redacted video within the four-hour demonstration time frame. 17. Utility's System can perform all functions listed above in paragraphs 15 and 16 that Taser's system cannot perform, including those that were required by the RFP. See Utility Proposal. 18. In Phase 3, Utility successfully completed all five demonstration tasks within the four-hour demonstration timeframe, including: a. Record 45 minutes of video. b. Upload 45 minutes of recorded video. C. Display 45 minutes of recorded video, d. Redact 45 minutes of recorded video. e. Display the redacted 45 minutes of recorded video. 19. Utility's System is the only System that includes, at no additional charge, an automatic redaction feature that drastically reduces the need for manual redaction and, thus,would save the City the significant time and expense of manually redacting videos. See SmartRedaction by Utility, Inc., http:f/www.smartredaction,com/. 20. Taser originally proposed a price of$4,986,552.96. Taser Quotation Q-44138-10 at 4. 21. Taser did not submitthis quotation with its bid but, instead,submitted it upon request by the City. [Name-If Available) McKenna Government Contracts, May 6.2016 continuing excellence at Dentons Page 4 dentons.com 22, During cost evaluation,Taser provided a best and final offer(°BAF4")of$4,427,940,00, Id at 12. 23. The City did not competitively evaluate costs and instead awarded Taser a perfect cost evaluation score without considering the cost of other proposals. 24. • The City issued the Notice on April 28, 2016. 25, Utility submits this timely proposal within ten calendar days of the Notice. See Notice at 1. II. Argument The City, like any governmental agency, must adhere to the source selection criteria articulated in its RFP. Cypress Sec., LLC v. San Francisco, 184 Cal. App.4th 1003, 1015(2010); Pozar v. Dep't of Transp., 145 Cal. App. 3d 269, 271 (1983) (agency must follow its own procedures for contract awards). These principles ensure fair and open competition and allow proposers to compete on fair and equal grounds. See Cal. Pub. Cont.Code§100(c)(The purpose of public contract codes is to"provide all qualified bidders with a fair opportunity to enter the bidding process."), The City's evaluation was contrary to law for four reasons: 1)the City's technical evaluation,of Taser higher than Utility is irrational and inconsistent with the RFP requirements; 2) Utility's evaluated score for Phase 3, Demonstrations, is unreasonable because Utility met all requirements and,therefore, should have received a perfect score; 3) by eliminating Utility prior to Phase 4, Cost, the City failed entirely to evaluate relative cost and value to the.City; and 4) had the City evaluated Utility's proposed cost,Taser would have received a lower cost score and Utility a perfect cost score of 45. The City's award to Taser would be contrary to both law and sound policy, and thus, the City should withdraw the Notice and fully reconsider Utility's proposal. A. The City's Evaluation of Utility's Technical Evaluation Was Unreasonable and Should Have Resulted in a Higher Score Utility's system is technically superior and performs the RFP requirements-that Taser does not and therefore should have received a higher technical score. As noted above, on information and belief,Taser's System cannot perform a number of critical tasks, including the sending and receiving of emergency alerts (such as 'officer down" alerts or "Amber" alerts), remote and automatic triggering, and automatic video redaction. Utility's system performs each of these functions. Moreover, the RFP sought a System that offers auto-redaction capabilities, which is a feature that Utility can uniquely provide. RFP at 18. .Accordingly, at Phase 2, Utility's System should have been evaluated as superior to Taser's on its technical merits. B. The City's Evaluation of Utility's Demonstration Was Unreasonable and Should Have Resulted in a Higher Score Utility performed perfectly in the demonstration and, thus, should have received all 50 points available. Utility was able successfully to complete all five demonstration tasks within the required four-hour timeframe. Taser's System is not capable of doing so. Yet, inexplicably, the City evaluated Taser's [Name If Available) McKenna Government GGntracts, May 6,2016 continuing excellence at Dentons Page 6 denlons.com demonstration higher than Utility's, Had the City properly evaluated Utility's demonstration,then Utility would ,have received all 50 points, beating Taser's demonstration evaluation. C. The City Violated City Code and the Terms of the RFP by Improperly Failing to Evaluate Cost and by Accepting Taser's Late Bid The City must procure goods and services, including information technology("IT")purchases, using competitive processes, See Code §4.12.210. The City may only use non-competitive procedures for emergencies, contracts with other public agencies, sole-source procurements,' or purchases of unique services. Id, 'at §4.12.216. Contracts "shall be awarded to the bidder who has submitted the most advantageous...proposal." Id. at § 4.12.310(C). For IT purchases in particular, the City must "create opportunities for competition to arrive at the most economical price while meeting operational needs.' City Policy Manual § 5.1.9. Thus, the Code and City Policies require the City to consider cost as a factor in competitive procurements. Here, the City did not do so. The City did not request a BAFO from any offeror but Taser and evaluated oniv Taser's proposed cost. The City improperly excluded Utility from the competition without giving any consideration for cost. The City was not justified in doing so because Utility proposed a technically acceptable System that, as described above, will better meet the City's needs than can Taser's. By only reviewing one contractor's cost proposal, the City did not have the opportunity to decide if it will get the best deal from Taser. Indeed, because the City only evaluated Taser's cost proposal,Taser could have proposed any cost and been awarded full credit under the RFP's evaluation scheme. The City should have considered Utility's cost proposal because Utility proposed a System that meets the City's operational needs. The City thus violated City regulations by refusing to consider all elements of Utility's proposal in the competitive evaluation process. Indeed,the process essentially became an improper non-competitive solicitation. The RFP was not an emergency procurement, the contract is not one with public agencies, and there were many vendors capable of providing the requisite goods and services. By limiting its review to Taser's cost proposal,the City excluded all offerors but one from the competitive procurement process and thus converted the RFP process into a sole-source procurement. The City was not justified in doing so. In addition to violating the City's regulations,the City's refusal to evaluate Utility's costs violates the terms of the RFP. The RFP provides that the highest scoring proposals from Phase 3 will be evaluated based on cost, which represents 45%of the evaluation weighing criteria. RFP at 7-8. The factors in Phases 1-3 collectively represent 45%of the evaluation weighing criteria. Id, at 8. Thus, offerors understood that cost was the most important single factor in determining award of the contract. Yet, the City did not actually compare cost proposals among the top scorers after Phase 3, The City was required to do so. Even if the City had properly evaluated Utility's proposal (which, as described above, it did not), Utility should not have been excluded from the Phase 4 cost evaluation because at no point was Utility's proposal found to be technically unacceptable or subject to exclusion on any other basis. 1 Sole-source procurements are those where only one manufacturer can provide the requisite goods. Id. at§4,12.230. [Name-If&ailablej McKenna Government Contracts, May 6,2016 continuing excellence at Oentons Page 6 dentons.com Instead, at the end of a long procurement process, the City ignored the merits and costs of Utility's proposal to award the contract to a preferred vendor.Though the City indicated that cost would be the most important single factor,the City did not compare the costs of any contractors'proposals and, instead,simply awarded Taser full credit for cost and ignored the cost of all other proposals. Accordingly, award to Taser is improper without a full and proper evaluation of Utility's proposal. D. Had the City Properly Evaluate_d Utility's Cost Proposal,Utility Would Have Received a Lower Cost Score than Taser Taser's perfect cost score was presumably based on it being the only, and therefore lowest, cost proposal, Had the City considered Utility's lower initially proposed cost,Taser would have received less than 45 and Utility would have received a perfect 45 based on its lowest price proposal. Taser was the only contractor that had the opportunity to submit a BAFO. Its BAFO was more than$500,000.00 lower than its original proposal and was less than$10,000.00 less than Utility's.2 Had Utility been given the opportunity to issue a BAFO, Utility likely would have discounted its proposal by at least $10,000.00, which would have allowed Utility to be rated as the best offeror in terms of cost. Overall, had the City properly evaluated the proposals, Utility's score would have been higher than Taser's.3 Utility proposed additional technical capabilities, including capabilities required by the RFP. Moreover,Utility's Phase 3 demonstration score should have been perfect. Finally,had Utility been given the opportunity to propose a BAFO for cost in Phase 4,it is likely that Utility would have scored higher than Taser on cost, as well. Utility's proposal should have been properly and fully evaluated,and the City's failure to do so violates California law, City regulations, and the terms of the RFP. E, The City's Action is Contrary to Sound Public Policy Excluding Utility from cost evaluation was also contrary to sound public policy. The City refused to consider the most capable and cost-effective video evidence management solution on the market today, to 2 The RFP specifically stated that the City would not disclose proposal information before announcing an award decision. RFP at 12. Yet,Taser proposed a significant discount for its BAFO—a discount which put its BAFO cost proposal very close to Utility's original proposal. Additionally, the City violated its own RFP Manual by considering Taser's late price submission. The RFP Manual requires technical and cost proposals to be submitted at the same time in separate envelopes. That way, proposers cannot base their price proposals on the number of offerors left in the competition. Here, this was not done and, instead,Taser was permitted to submit its cost proposal with the knowledge that it was the only remaining bidder. 3 Indeed, the City did not properly manage the committee of evaluators, Evaluators are required to participate in the entire review process. Here, at least one reviewer—Christina Cebrian—signed her conflict of interest form on March 28,2016, long after the procurement process began. If Ms.Cebrian was not involved in the entire process, her scores should not have been considered. Since the City has refused to provide Utility with the scores, it is unclear if Ms. Cebrian's scores were improperly included in the evaluation. Accordingly,to the extent that not all evaluators participated in the entire procurement process, the City improperly evaluated the proposals, ! • George B.Newhouse,Jr. McKenna Government Contracts, May 6,2016 continuing excellence at Dentons Page 7 denlons.com the detriment of the City's police officers and citizens. Indeed, the City has a history of violating its own procurement regulations in order to award contracts improperly. See,, e.g., Office of the City Auditor, Consuifing Agreements:Better Enforcement of Procurement Rules, Monitoring,and Transparency is!Needed, Report to the City Council of San Jose (June 12, 2013) (noting that the City had repeatedly misused exceptions to competitive procurements and Improperly narrowed Its list of preferred vendors). The City's evaluation of this RFP was, unfortunately, no different. The City ostensibly engaged numerous contractors in the competitive process but then refused to allow the contractors to compete on the most important, if not the determinative, factor--cost, Instead, the City Intends to award the contract to its preferred vendor,though Taser's solution will not offer the City what other vendors,Including Utility,can offer. Had the City been able to justify its choice of vendor through the competitive scoring process,presumably it would have done so. Instead, the City simply ignored its own procurement criteria when those criteria became Inconvenient. The City used the "competitive" process to paper over what was, essentially, an unjustified sole-source decision. This process is not in the best interest of the City, its police department,or the taxpayers because it values purchase from a particular vendor over the solution that best serves the interests of the City. Ill, Conclusion Contrary to law, the City improperly issued the Notice and plans to award the contract to a vendor whose System is both inferior to and more expensive than Utility's, The City's action also contravenes sound public policy; the award to Taser indicates that the City values its relationship with Taser more than the Interests of the City,its officers,and its taxpayers. Accordingly,the Notice should be withdrawn,and Utility's proposal should be given a full and fair evaluation based on the criteria in the RFP. Very tr s, Geo e 8. Newhouse, Jr DN 32301864.6 Attachment C CITY OF SANOSE Finance Department CAPITAL OF SILICON VALLEY Purchasing Division May 17,2016 Mr.George B.Newhouse Jr.,Esq. Dentons US LLP 601 South Figueroa Street Suite 2500 Los Angeles, CA 90017 Dear Mr.Newhouse, Subject: Protest letter from Dentons US LLP dated May 6,2016 submitted on behalf of Utility Associates,Inc. Reference: City of San Jose Request for Proposal 15-16-12;Body Worn Camera and Evidence Management System The City of San Jose(City)received the protest letter dated May 6,2016 submitted by Dentons US LLP (Dentons)on behalf of Utility Associates, Inc. (Utility)in reference to the City's Request for Proposal (RFP) 15-16-12 for a Body Worn Camera and Evidence Management System... Following the issuance of the Notice of Award on April 28,2016,the City offered to meet with Utility to answer any questions that Utility may have concerning their proposal and the evaluation process. Utility declined to meet with the City. Please accept this letter as the City's decision to decline Utility's request to withdraw the Notice of Award and to reevaluate Utility's proposal for the reasons set forth below. 13ack rog und: The proposal evaluation team was comprised of five members with representation from the Police Department(2),the San Jose Police Officers Assocjation(1),the City Manager's Office(1),and the Independent Police Auditor(1). The RFP evaluation and selection process was considered in four phases.The proposals were evaluated with an emphasis in Phase 1 on experience with installing and implementing BWC solutions,in Phase 2 on technical solution,in Phase 3 on presentation and product demonstration,and in Phase 4 for cost. Only proposer(s)earning the highest scores at each stage would advance to the next phase. See Section 16 of the RFP,"Review Process and Selection Criteria." Under Section 12 of the RFP,Utility had the opportunity but did not object to the review and evaluation process. The City cannot pre-determine what score will be sufficient to advance to the next Phase,or guarantee a minimum number of proposals to advance. Whether a proposal receives additional consideration depends on a number of variables, such as the number of proposals,the scores,the separation between the scores and the viability of the proposed solution. The evaluation team is not required to recommend that a proposal be considered for the next phase. The City received eight proposals in response to the RFP, and only three proposals were recommended for demonstration of the BWC solution on-site. Utility was one of the three companies invited to demonstrate its solution. In Phase 1,Utility received a score of 75 out of 90 or 83°%of available points (discounting ten points that are reserved for the local'and small business preference). In Phase 2,Utility received a score of 70 out of 90 or 78% of available points. In Phase 3,Utility received a score of 73 out of 90 or 81% of available points. By comparison,Taser scored 86, 83,and 84 for Phases 1-3, respectively, or 96%, 92%, and 93%of total.available points for phases 1-3, respectively. Consistent with the R1,T,the City did not request a cost proposal from Utility or any of the other proposers. The phased approach enabled the City's evaluation team to first determine if the company can demonstrate a viable solution that meets the City's requirements before consideration of the cost. In other words,the cost would not unduly influence the selection of a solution that may not meet the City's needs. Discussion Utility contends that the Notice of Award should be rescinded and that Utility's proposal should be reevaluated based on the following arguments: 1)"the City's technical evaluation of Taser higher than Utility is irrational and,'inconsistent with the RFP requirements; 2)Utility's evaluated score for Phase 3, Demonstrations, is unreasonable because Utility met all requirements and,therefore,should have received a perfect score; 3) by eliminating Utility prior to Phase 4, Cost,the City failed entirely to evaluate relative cost and value to the City; and 4)had the City evaluated Utility's proposed.cost,Taser would have received a lower cost score and Utility a perfect score of 45." 1. The City's evaluation of Taser's and Utility's technical qualifications is supported by the evidence, and consistent with the 1ZFP requirements. All information submitted or presented to the City by Utility was considered, evaluated,and scored. Utility earned a technical score of 19 out of 25 or 76%of the available points compared to Taser's score of 22 or 88%of available points. Utility scored lower on a number of requirements where Utility stated that the requirement"is currently available"but in many cases offered little explanation to help the City understand how the requirement would be met. Nonetheless,the team felt that sufficient information was provided to advance Utility to the demonstration phase of the evaluation process allowing the City to witness critical elements of Utility's solution first hand. 2. The demonstration score is based on more than completion of a demonstration but Taser's and Utility's relative suitability of the BWC solultion to City requirements. The product demonstration phase of the evaluation process provided an opportunity for the City to physically review the solution and observe a live demonstration of the product and the evidence management system. Each participant in the demonstration was provided a script that included five elements; 1)Brief overview of the BWC and Evidence Management System,2)Hardware Demonstration,3)Evidence Management System,4)Video Storage,5)Performance Tasks; Within each category there were a total of 45 specific criteria that proposers were asked to demonstrate. The simple act of demonstrating the task does not guarantee a perfect score and this was never presented as pass/fail scoring for this evaluation phase. Instead,each task was evaluated and scored 200 East Santa Clara Street,13'"Floor,San Jose,CA 95113 Tel(408)535-7050 Fax(408)292-6480 iviviv.Saigoseca.gov by the evaluation committee against the City's requirements, and Taser's demonstration earned them a score of 96% of the available points versus Utility's score of 84%. The following is a summary of key comments made by the evaluation team regarding Utility's technical solution and product demonstration, leading to the evaluation team's decision not to advance Utility: • There were serious concerns of police officer perception and substantive changes in officer work conditions that would be required if we were to use Utility's primary"integrated" camera mounting system. Utility's primary mounting system would require anyone using a BWC to be fitted for a custom uniform. (shirt,vest, etc.) Concerns were raised about officer safety and comfort due to the heat generated from an electronic device worn inside the user's uniform.Utility's optional externally worn mounting options were bulky and heavy. • Utility's integrated mounting system that is internally worn inside the user's uniform is designed for a"de-militarized took"as described in Utility's proposal. This feature is contrary to the City's desire to make the camera conspicuous to the public. • Although Utility's proposal represented that they met the required 12 hour camera battery life, Utility did not demonstrate this in their product demonstration. Instead they presented the requirement would be met with the use of a backup battery that officers would have to early with thew_ • Utility's camera has an inferior field of view,by comparison. • Utility did not demonstrate their docking station solution as required. • Utility did not demonstrate,as required,the ability to view video in the field using a srnartphone device. Instead,Utility's camera has a review screen to view video,requiring the officer to remove the camera from the uniform"pouch", and take the camera off-line to display the video. •. Utility's response to the City's requirement that the EMS integrate with the City's Computer Aided Dispatch System was that the"requirement is available by development from the vendor." • Utility's Evidence Management System (EMS)did not include case management system functionality. • Utility's method of evidence uploads requires hardware be installed into every police vehicle prior to deployment,thus requiring the scheduling and rotating of police vehicles out of service and possibly lengthening the deployment timeline. 3. The City is not required to recommend consideration of cost if the solution-vas either not viable or the preferred solution. The phased approach enabled the City's evaluation team to first determine if the company can demonstrate a viable solution that meets the City's requirements before consideration of the cost. In other words,the RFP was designed to ensure that the cost would not unduly influence the selection of a solution that may not meet the City's needs. The fact that Utility submitted an unsolicited cost proposal does not necessarily mandate that the City be compelled to evaluate the cost. Following the demonstration,the evaluation team concluded that Utility would not be a viable solution, in part, for the reasons stated above. Simply stated,Utility was not considered in the cost phase because it was not the superior and preferred solution based on the needs and requirements of the City, 4. The Notice of sward to Trier was based on the totality of information considered by the evaluation team, and Utility's cost hypothetical assumes facts inconsistent with the evaluation team's conclusions as to the relative viability of the solutions. Utility's cost hypothetical.does not include 200East Santa Clewa Sneer;13'r'Floor;San Jose,CA 95113 Tel.(408)535-7050 Fax(408)292-6480 ivir .sa f o.Teca.gov professional services to integrate their proposed solution to the Comity's Computer Aided Dispatch system (CAD), Utility submitted an unsolicited cost proposal, Even assuming that the evaluation team did evaluate Taser's Best and Final price of$4,427,940 to Utility's hypothetical Best and Final price of $4,376,006,and.Utility received a score of 45,the relative percentage difference in cost would not have resulted in a material discrepancy in the scores to have resulted in an award to Utility. In addition, Utility's cost proposal does not include any costs to integrate their system with the City's CAD system,which was originally priced by Taser at over$500,000, Had Utility considered this requirement,it's very likely that their price would have been greater than Taser's. Finally, evaluation of the cost proposal presumes that Utility's solution was a viable and/or preferred solution. Utility also argued the following points in support of its protest: 1. The City did not properly manage the evaluation teain because one evaluator signed their conflict of interestform well after the evaluation process began. All evaluators are required to sign conflict of interest and confidentiality forms prior to disclosure of the proposals to the team and the start of the proposal evaluation process. The process also allows and sometimes requires observers to sit-in on various aspects of the evaluation or demonstration process. Their involvement in the process may very well come at a later date and therefore they are not required to complete and sign the forms until later in the process. You requested copies of the signed conflict of interest and confidentiality forms and based on the March 28,2016 date that one form was signed,and incorrectly concluded that there was partial involvement from an evaluator. Iu fact,this person was an observer that had been recently assigned and was coming up to speed on the project. 2, The City accepted a cost proposal from Taser that was submitted late and with Taser's knowledge that they were the only proposer requested to submit a cost proposal. Utility submitted an unsolicited cost proposal. Following the demonstration,the evaluation team concluded that Utility would not be a viable solution, and did not recommend that Utility advance to the cost phase. Utility's cost proposal was never considered or shared with the evaluation team or with any other proposer. Taser was not informed by the City as to which proposals would be evaluated in the cost phase. In fact the RFP provides that the City would not ask for the cost proposal until Phase 4. Utility's allegations of disclosing cost information to Taser for the purpose of creating a competitive advantage are without any basis in fact. 200 East Santa Clara Street,131 Floor,San Jose,CA 95113 Tel. (408)535-7050 Fax(408)292-6480 1mpw.sarfjoseca.gov Conclusion The City fairly evaluated and scored all proposals against the criteria set forth in the RFP and cannot consider suggestions at this time on how the proposals should have been scored, The RFP was written pursuant to the San Jose Municipal Code. The evaluation process made no guarantees that a minimum number of proposers would advance to each subsequent phase of the evaluation process.A competitive process where eight proposals were considered and evaluated over a five month period is not a sole source procurement. After careful review,I have determined that the City's RFP process was followed,and to uphold Staff s recommendation of award to Taser Tnteinational,Inc. You may appeal this decision to the San Jose City Council by filing a written appeal with the City Clerk within ten days from the date of this letter. Tentatively,this item is expected to be considered by the San Jose City Council on June 7, 2016, Sincerely, Marls Giovannetti Deputy Director,Finance 200 East Santa Clara Street,13'4 Floor,San Jose,CA 95113 Tel.(108)535-7050 Fax(408)292-6480 ivusiv.sanJoseca.gov CITY OF 0% SAN 0SE CAPITAL OF SILICON VALLEY REQUEST FOR PROPOSAL RFP 15-16-12 Body Worn Camera and Evidence Management System November 20, 2015 Table of Contents 1 INTRODUCTION ............................................................................................................................ 1 2 PROJECT OBJECTIVES................................................................................................................ 1 3 TERM OF AGREEMENT................................................................................................................ 1 4 SCHEDULE.................................................................................................................................... 1 5 BACKGROUND.............................................................................................................................. 2 6 MINIMUM QUALIFICATIONS......................................................................................................... 2 7 COMPLETE RFP............................................................................................................................ 2 8 PROCUREMENT TIMELINE .......................................................................................................... 3 9 CONTACT INFORMATION ............................................................................................................ 3 10 HOW TO OBTAIN THIS RFP...................................................................................................... 3 11 PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES............................................. 3 12 OBJECTIONS............................................................................................................................. 3 13 SUBMISSION OF PROPOSALS................................................................................................. 4 14 LATE PROPOSALS.................................................................................................................... 4 15 RESPONSE DOCUMENTS / SUBMISSION REQUIREMENTS.................................................. 4 16 REVIEW PROCESS and EVALUATION CRITERIA.................................................................... 6 17 BASIS OF AWARD ..................................................................................................................... 8 18 PROTESTS................................................................................................................................. 8 19 GENERAL INFORMATION ......................................................................................................... 9 20 GROUNDS FOR DISQUALIFICATION ....................................................................................... 9 21 ADDENDA AND INTERPRETATION ........................................................................................ 10 22 PROPOSAL SUBMISSION ....................................................................................................... 10 23 EXAMINATION OF PROPOSED MATERIAL............................................................................ 10 24 CODE ADHERENCE, PERMITS AND FEES............................................................................ 11 25 TERMS AND CONDITIONS OF AGREEMENT......................................................................... 11 26 INSURANCE REQUIREMENTS ............................................................................................... 11 27 LOCAL AND SMALL BUSINESS PREFERENCE ..................................................................... 11 28 PUBLIC NATURE OF PROPOSAL MATERIAL......................................................................... 12 29 NON-DISCRIMINATION/NON-REFERENTIAL TREATMENT................................................... 13 30 CITY BUSINESS TAX............................................................................................................... 13 ATTACHMENT A—STATEMENT OF REQUIREMENTS .................................................................... 14 ATTACHMENT B — PROPOSAL CERTIFICATION ............................................................................. 24 ATTACHMENT C — PREVIOUS CUSTOMER REFERENCE FORM ................................................... 26 ATTACHMENT D — REQUEST FOR LOCAL/SMALL BUSINESS PREFERENCE .............................. 27 ATTACHMENT E — INSURANCE REQUIREMENTS........................................................................... 28 ATTACHMENT F— COMPANY PROFILE ........................................................................................... 31 1 INTRODUCTION 1.1. The City of San Jose (hereinafter"City") is soliciting proposals for a cloud-based Body Worn Camera (BWC) and Evidence Management System (EMS), in support of the San Jose Police Department (hereinafter"SJPD"). 1.2. The solution shall be a hosted turnkey solution including body worn cameras, peripherals/accessories, hosted video storage, video management software, configuration, implementation, and training. 1.3. Proposers providing partial solutions (e.g. storage only or hardware only) shall not be considered. 1.4. The City estimates procuring approximately 963 cameras. The quantities specified herein are the City's best estimate of the quantities that will be purchased; however, they are not guaranteed. Any variations from these estimated quantities shall not entitle the Proposer to an adjustment in unit pricing or rates. 1.5. The City reserves the right to purchase additional quantities at the same price for a period of twelve (12) months after the execution of an agreement. 1.6. Please refer to Attachment A for a detailed statement of requirements for the System. 2 PROJECT OBJECTIVES 2.1. The objective of this RFP is to evaluate and select a solution that best meets the technical, functional and business requirements of the City. It is the City's intent to select a vendor that has experience implementing Body Worn Cameras and Video Management Systems comparable in size, scope and complexity to the City's requirements. 3 TERM OF AGREEMENT The initial term of the agreement shall be for five (5) years. The City reserves the right to extend the agreement for five (5) additional one (1) year terms for a total of ten (10) years. 4 SCHEDULE The City requires a phased approach to implementation as summarized below. The new System implementation for Phase 1 must be underway no later than June 30, 2016. Phase Officer Type/Area Phase I Patrol (by Division Phase 11 Special Operations Phase III Department Bureaus Phase IV Reserves RFP 15-16-12 Body Worn Camera System Page 1 of 32 5 BACKGROUND 5.1. The SJPD is a high-volume, high-performance, full-service police department responding to about one million calls for service each year from a centralized location. The SJPD is administered by a command staff including the Chief, Assistant Chief, and four Deputy Chiefs, presiding over an Operations Command divided into four Bureaus. The SJPD has 1,109 sworn officers and 477 civilian staff in four Bureaus comprised of 11 divisions with more than 61 specialized Units and assignments. 5.2. There is a nationwide movement toward body worn cameras as the law enforcement community recognizes they enhance accountability, performance and transparency between officers and the public. The added level of transparency may also positively contribute to the public's trust of the SJPD. 5.3. The body worn cameras will aid in the City's criminal investigations and enhance information sharing with other law enforcement agencies, the San Jose City Attorney's Office and the Santa Clara County District Attorney's Office. 6 MINIMUM QUALIFICATIONS A Proposer will be considered "non-responsive" to this RFP and will be disqualified from further consideration if any of the following minimum qualifications are not met. 6.1. Submit three different customer implementation references from Police departments or other law enforcement agencies for similar contracts from Police departments or other law enforcement agencies where the same or similar Body Worn Camera System solution has been installed and implemented, using Attachment C; Previous Customer Reference Form. 6.1.1. At least one reference must be from a Police department or other law enforcement agency with experience in providing a Body Worn Camera System which includes at least 350 cameras deployed. 6.1.2. Note. References shall be evaluated and scored as part of the "Experience" evaluation criteria as described in this RFP. Therefore, it is important that each reference be as complete and descriptive of the work that was done, and as close as possible to the City's requirements as described in the RFP. References for larger implementations are also preferred. 7 COMPLETE RFP This document describes the goals and objectives of this procurement, the RFP process, and RFP provisions. In addition, the following attachments, exhibits and/or appendices are included: 7.1. Attachments: Attachment Number Title A Statement of Requirements B Proposal Certification Form C Previous Customer Reference Form D Local/Small Business Enterprise Preference Request E Insurance Requirements F Company Profile Template RFP 15-16-12 Body Worn Camera System Page 2 of 32 8 PROCUREMENT TIMELINE Date Time Event November 20, 2015 RFP Released December 11, 2015 5:00pm Deadline for submittal of any Vendor objections & questions (Pacific Time) December 18, 2015 5:00pm Deadline for City's response to Vendor's written questions (Pacific Time) January 11, 2016 4:00pm Proposals due (Pacific Time) TBD Oral Presentations / Demonstration (for finalists only) 9 CONTACT INFORMATION City of San Jose Finance/Purchasing, 13th Floor 200 E. Santa Clara St. San Jose, CA 95113 Attn: Jay Coleman Phone: 408-535-7057 E-mail: iay.coleman0san0oseca.gov 10 HOW TO OBTAIN THIS RFP 10.1. This RFP may be downloaded from the BidSync e-Procurement system located at www.bidsvnc.com . Suppliers can also find a link at the City of San Jose Bid-Line Web site at www.sanooseca.gov/purchasing/default.asp. At either Web site, follow the links to register for the on line service. You may register for free either on-line or by calling BidSync Vendor Support at 1-801-765-9245 and telling the support representative that you are registering for City of San Jose procurements. 10.2. All addenda and notices related to this procurement will be posted by the City on BidSync. In the event that this RFP is obtained through any means other than BidSync, the City will not be responsible for the completeness, accuracy, or timeliness of the final RFP document. 11 PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES Questions pertaining to this RFP should be submitted via the BidSync System. Please submit all questions by the deadline indicated in the procurement timeline, Section 8. The City will provide a written response to all pertinent questions in the form of an Addendum. Questions answered on BidSync shall be considered addenda to the RFP. 12 OBJECTIONS Any objection as to the structure, content or distribution of this RFP must be submitted in writing to the City Purchasing contact identified in Section 9 prior to the submission deadline for Questions and RFP 15-16-12 Body Worn Camera System Page 3 of 32 Answers. Objections must be as specific as possible, and identify the RFP section number and title, as well as a description and rationale for the objection. 13 SUBMISSION OF PROPOSALS 13.1. Submit one (1) original and five (5) copies of the technical proposal clearly marked as such. The outside of the box or package and the cover or title page of each proposal shall be marked as follows: RFP 15-16-12, Body Worn Camera and Evidence Management System. In addition, include an electronic copy of your proposal on a CD or DVD, in pdf format. 13.2. Refer to the procurement timeline in Section 8 and 9 for due dates and delivery location. 13.3. All proposals shall be submitted as hard copy bound documents. The Original hard copy version of the proposal will be considered the official proposal submission. 13.4. Hard copy RFP documents are to be printed on paper that contains a minimum of 30% PCW, Chlorine Free. 100% PCW, Chlorine Free is preferred. 13.5. All pages shall be sequentially numbered and a table of contents shall be provided. 13.6. The font size on each page shall be 11 point Times New Roman or Arial font. 13.7. The pages shall be double sided with a maximum of one and one half line spacing. 14 LATE PROPOSALS Late proposals shall be rejected and returned to the Proposer. This deadline is absolute and proposals received after the due date and time shall not be considered. Proposers must select a method of delivery that ensures proposals will be delivered to the correct location by the due date and time. 15 RESPONSE DOCUMENTS / SUBMISSION REQUIREMENTS In order to expedite the evaluation process, each proposal shall be organized in accordance with this section. Proposals that do not follow the specified format outlined below, or fail to provide the required documentation, may receive lower scores, or if found to be non-responsive, be disqualified. In the event of any conflict between any of the proposal documents, resolution thereof shall be in the City's sole discretion. Proposals shall include the following information in the format indicated. 15.1. Cover Letter: Include a transmittal letter identifying the Proposer's firm and the proposal package being submitted. Include other important general information that is deemed significant enough to be highlighted. The letter shall provide the name, title, address, telephone number, and fax number of the individual authorized to contractually bind the firm and be signed by the authorized individual. 15.2. Executive Summary: Include the type of technology proposed (cameras and video management system), a summary containing highlights of the proposal, describing how the Proposer will meet the requirements of the RFP, including the Proposer's approach to providing the services described in this RFP, describing how the project team would be organized, a statement of the Proposer's understanding of the project and services required, and how the Vendor will ensure responsiveness to City staff and project requirements. Additionally, identify the best solutions for total cost of ownership with regards to the technology required to support the proposed solution. RFP 15-16-12 Body Worn Camera System Page 4 of 32 15.3. Table of Contents: A table of contents shall be provided that identifies the page numbers where to find the various sections included in the proposal. 15.4. Company Profile: The Proposer shall submit a company profile describing its company history, number of years the organization has been in business and capabilities. The company profile information should be detailed and complete using Attachment F Company Profile Template. 15.5. Organization Chart & Staff Qualifications: The proposal shall detail the organization structure of the team including names and positions of the Project Manager and personnel to be assigned to the project, as well as provide resumes and relevant experience of the Project Manager and key staff. These should clearly demonstrate Proposer's qualifications to perform the project activities described in this RFP. Include the names of customers served for any item on the resume where "Project Manager' is listed as a duty. 15.6. Project Approach: This should give an introduction and overview of the Proposer's phased implementation approach, management plan, list general objectives, develop a work plan breaking the project into recommended tasks or work elements clearly associated with the scope of work in this RFP, and explain the methodology to be used. It should be clear what work will be performed by the Proposer and what will be performed by each of the subcontractors, if applicable. All responses must be complete and unequivocal. The plan shall indicate all types meetings to be held at the City related to implementation and a description of who will participate and the meeting's purpose. 15.7. Deliverables: Deliverables are defined as material tasks or phase products. Proposer shall include a list of all proposed deliverables to be used as the basis for payments. 15.8. Project Schedule: The new System implementation for Phase 1 must be underway no later than June 30, 2016. The proposal shall provide a schedule that the Proposer believes is most appropriate to complete the scope of work for this project. This schedule section shall contain a general Microsoft Office Project Gantt chart (or other similar project planning tool) for each of the tasks identified by the Proposer tagged to the major deliverables set forth by this RFP. The schedule for each task and timing of each deliverable should be based upon the number of calendar days or weeks needed to complete the project. 15.8.1. Since time is of the essence on this project, the City will make sure that City staff is available as required by the approved schedule to ensure timelines are met. 15.9. Sample Documents: In addition to the documents mentioned above, the proposal response shall include the following sample documents: 15.9.1. Provide proposed training schedules and sample materials. 15.9.2. All subscription/license agreements, including warranty for hardware being proposed. 15.10. Technical Response: 15.10.1. Resources Plan: Describe your firm's ability to provide staff to meet the requirements of this RFP. Please include number of staff. If subcontractors will be utilized, please explain when and for what purpose. 15.10.2. Describe how you will meet the requirements outlined in Attachment A- Statement of Requirements. RFP 15-16-12 Body Worn Camera System Page 5 of 32 15.10.3. Please describe your training program. Provide a list of available on-line training courses. Describe the amount of on-site training that is included in your proposed implementation. Include the number of training classes required per group. 15.10.4. What is the time needed for your firm to begin performing services after receiving an executed agreement? 15.11. Attachments — Required: The following documents must be completed and submitted with your technical proposal. Proposals that do not include the following fully completed documents shall be deemed non-responsive and will not be considered: 15.11.1. Attachment B, Proposer Certification 15.11.2. Attachment C, Previous Customer Reference Worksheet (per Section 6). Three references are required. Include a list of at least three clients that would substantiate the Contractor's experience. Contacts should be individuals who can verify performance on projects of a similar scope and budget as this project. 15.11.3. Attachment F, Company Profile Template 15.12. Attachments —Optional: The following documents are required, but will not result in immediate disqualification of your proposal if they are incomplete, or inadvertently omitted from your proposal. However, failure to submit these forms with your proposal, or incomplete submittals, may result in a lower overall score. 15.12.1. Attachment D, Local and Small Business Preference. This form must be provided if the Proposer is requesting consideration. If this form is not included with your proposal, consideration for local and small business preference shall not be granted. This form may not be submitted at a later date. 15.13. Post Award Submittal Requirements: Awardee is required to submit the following documents within 10 (ten) days from the final day of the protest period date after the Recommendation of Award. Failure to provide the documents within this time frame may result in withdrawal of the Award, and award to the next highest ranked Proposer. 15.13.1. Attachment E, Insurance Requirements —Certificate of Insurance 16 REVIEW PROCESS and EVALUATION CRITERIA The proposals received will be reviewed for Proposal Responsiveness. This is a PASS/FAIL review. Proposals will be reviewed to ensure that they meet minimum qualification requirements as described in RFP Section 6 and that all required documentation are included with the proposal submission as described in Section 15. Proposals that are deemed non-responsive will be disqualified from further consideration. The evaluation process shall be a phased approach as described below: 16.1. PHASE 1 —EXPERIENCE 16.1.1. Only responsive proposals will be considered. In this step, the Proposer's experience and qualifications will be evaluated based on the written submittals as per Section 15. 16.1.2. The highest scoring proposals from this Phase 1 (per weighting criteria Section 16.7) will advance to Phase 2 evaluation. RFP 15-16-12 Body Worn Camera System Page 6 of 32 16.2. PHASE 2—TECHNICAL RESPONSE 16.2.1. The Phase 1 scores for"Experience" will be normalized to the respective Phase 2 weight. For example, if a proposal scored all 90 points for Experience in Phase 1, this score will now be converted to 30 points in Phase 2. In a different scenario, if a proposal scored 72 points for"Experience" in Phase 1, this score will be converted to 26 points in Phase 2 (72 points earned points/ 90 Phase 1 maximum points x 50 Phase 2 maximum points = 26 points). 16.2.2. The highest scoring proposal(s) from this Phase 2 (per weighting criteria Section 16.7) will advance to Phase 3 evaluation 16.3. PHASE 3— ORAL PRESENTATION/ DEMONSTRATION 16.3.1. Phase 2 Finalist(s) shall be invited to present oral presentations for the purpose of introducing key members of the project team, and allowing the City to fully understand the Proposer's ability to meet the evaluation criteria. 16.3.2. Finalist(s) will be provided a list of scenarios and types of demos to present. Finalists are not limited to this list. 16.3.3. The Phase 2 scores for Experience and Technical will be normalized to the respective Phase 3 weights. 16.3.4. The highest scoring proposal(s) from this Phase 3 (per weighting criteria Section 16.7) will advance to Phase 4 evaluation. 16.4. PHASE 4— COST 16.4.1. The Phase 3 scores will be normalized to their respective Phase 4 weights. 16.4.2. In this phase, the following will be introduced: 16.4.2.1. A cost proposal will be requested from the finalist(s). 16.4.2.2. The City's exemplar agreement will be provided to finalist(s) to review and comment on City's standard terms and conditions. Note any exceptions to the City's terms and conditions of the Exemplar Agreement. If there are no exceptions, please return the first page of the Agreement marked "No Exceptions". Please note that excessive changes may result in lower proposal scores, or disqualification of proposal. 16.4.2.3. A Best and Final Offer (BAFO) may be requested. 16.5. Proposal Review and Evaluation 16.5.1. The proposals will be evaluated against the general Phase criteria and weighted scores will be applied as described in Section 16.7. 16.5.2. During any phase or at any point in the process, the City may seek clarification from any or all Proposers in order to better understand and evaluate the proposed solution. This process may not be used as an opportunity to submit missing documentation or to make substantive revisions to the original proposal. 16.6. Best and final offer (BAFO) 16.6.1. A Best and Final Offer (BAFO) may be held with one or more Phase 4 participants if final information or clarification is necessary in order to make a final decision. The BAFO may allow Proposers to revise their original technical and/or cost proposals based on information received from the City. The City will send out the request for a BAFO with instructions addressing the areas to be covered and the date and time in RFP 15-16-12 Body Worn Camera System Page 7 of 32 which the BAFO is to be submitted. After receipt of the BAFO, scores may be adjusted based on the new information received in the BAFO. 16.6.2. The City will request only one BAFO, unless the City's Chief Purchasing Officer determines in writing that another BAFO is warranted. 16.6.3. Proposers are cautioned that the BAFO is optional and at the sole discretion of the City. Therefore, Proposers should not assume that there would be an additional opportunity to amend their technical or price proposals after the original submission of technical and price proposals. Proposers may not request an opportunity to submit a BAFO. 16.7. Proposal Evaluation Weighting Criteria Wei ht bv Phase Criteria Phase 1 Phase 2 Phase 3 Phase 4 Proposal Responsiveness Experience 90% 30% 15% 10% Technical Capabilities 60% 25% 15% Oral Presentation/ Demo 50% 20% Cost ML__ 45% Local Business Preference 5% 5% 5% 5% Small Business Preference 5% 5% 5% 5% TOTAL 100% 100% 100% 100% 17 BASIS OF AWARD 17.1. Award will be based on the overall highest ranked Proposer score in accordance Section 16.7. 17.2. Should the City, in its sole discretion, determine that a secondary award is required, award will be to the second highest ranked Proposer. 17.3. Should either of the selected Proposers fail to provide post award documents as required, the City, in its sole discretion, may withdraw the award recommendation, and select the next highest ranked Proposer for award. 17.4. The City reserves the right to accept an offer in- full, or in-part, or to reject all offers. 18 PROTESTS 18.1. If an unsuccessful Proposer wants to dispute the award recommendation, the protest must be submitted in writing to the Chief Purchasing Officer no later than ten calendar days after announcement of the successful Proposer, detailing the grounds, factual basis and providing all supporting information. Protests will not be considered for disputes of proposal requirements and specifications, which must be addressed in accordance with Section 12. Failure to submit a timely written protest to the Chief Purchasing Officer will bar consideration of the protest. RFP 15-16-12 Body Worn Camera System Page 8 of 32 18.2. The address for submitting protests is: City of San Jose 200 East Santa Clara Street, 13th Floor San Jose, CA 95113 Attention: Chief Purchasing Officer 19 GENERAL INFORMATION 19.1. The City reserves the right to accept or reject any item or group(s) of items of a response. The City also reserves the right to waive any informality or irregularity in any proposal. Additionally, the City may, for any reason, decide not to award an agreement as a result of this RFP or cancel the RFP. The City shall not be obligated to respond to any proposal submitted, nor be legally bound in any manner by submission of the proposal. 19.2. The City is not required to accept the lowest price proposal. Responses will be evaluated to determine the most advantageous proposal on a variety of factors including but not limited to price, implementation costs, design quality, features, and performance. 19.3. Final award shall be contingent upon reaching an agreement on software licensing terms, if applicable. 19.4. Do not include sales tax in your price quotation. The City will work with the selected supplier to add sales tax as appropriate, and will incorporate it into the contract. 19.5. Statistical information contained in this RFP is for informational purposes only. The City shall not be responsible for the complete accuracy of said data. 19.6. The City reserves the right to verify any information provided during the RFP process and may contact references listed or any other persons known to have contracted with the Proposer. 19.7. The City may require financial statements for the last two fiscal years as certified by an independent Certified Public Accountant. Do not submit these documents unless they are requested. 20 GROUNDS FOR DISQUALIFICATION 20.1. All Proposers are expected to have read and understand the "Procurement and Contract Process Integrity and Conflict of Interest", Section 7 of the Consolidated Open Government and Ethics Provisions adopted on August 26, 2014. A complete copy of the Resolution 77135 can be found at: httlp://www.sanooseca-gov/DocumentCenter/View/35087 20.2. Any Proposer who violates the Policy will be subject to disqualification. Generally, the grounds for disqualification include: 20.2.1. Contact regarding this procurement with any City official or employee or evaluation team other than the Procurement Contact from the time of issuance of this solicitation until the end of the protest period. 20.2.2. Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms, or conditions of this proposal. RFP 15-16-12 Body Worn Camera System Page 9 of 32 20.2.3. Influencing any City staff member or evaluation team member throughout the solicitation process, including the development of specifications. 20.2.4. Evidence of submitting incorrect information in the response to a solicitation or misrepresentation or failure to disclose material facts during the evaluation process. 20.3. In addition to violations of the Process Integrity Guidelines, the following conduct may also result in disqualification: 20.3.1. Offering gifts or souvenirs, even of minimal value, to City officers or employees. 20.3.2. Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City. 20.3.3. Evidence of Proposer's inability to successfully complete the responsibilities and obligations of the proposal. 20.3.4. Proposer's default under any City agreement, resulting in termination of such Agreement. 21 ADDENDA AND INTERPRETATION 21.1. The City shall not be responsible for nor be bound by any oral instructions, interpretations or explanations issued by the City or its representatives. Should discrepancies or omissions be found in this RFP or should there be a need to clarify the RFP, requests for clarification may be sent via e-mail or fax to the attention of the contact named in Section 9. 21.2. Proposer requests for clarification shall be deliverable as stated in Section 11. Any City response to a request for clarification will be made in the form of an addendum to this RFP. All addenda shall become part of this RFP. 22 PROPOSAL SUBMISSION 22.1. This RFP does not commit the City to pay any costs incurred in the submission of a proposal or in making any necessary studies or designs for the preparation thereof, nor the purchase or contract for the services. 22.2. After acceptance of the successful proposal by the City, the successful Proposer(s) shall be obligated to enter into an agreement consistent with the proposal submitted. 22.3. Should the successful Proposer fail to execute the agreement, the City shall have the right to seek legal remedies against the Proposer, including forfeiture of the proposal bond, if any, and an action for damages and shall have the right to award to the next responsive Proposer. 23 EXAMINATION OF PROPOSED MATERIAL The submission of a proposal shall be deemed a representation and certification by the Proposer that they have investigated all aspects of the RFP, that they are aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and that they have read and understood the RFP. No request for modification of the statement shall be considered after its submission on grounds that Proposer was not fully informed as to any fact or condition. RFP 15-16-12 Body Worn Camera System Page 10 of 32 24 CODE ADHERENCE, PERMITS AND FEES Contractor shall agree to abide by all laws, rules and regulation of the United States, State of California, Santa Clara County, and the City of San Jose, securing all necessary licenses and permits in the connection with resulting contract at no additional cost to the City. Successful contractor must have or obtain a current City of San Jose business license. 25 TERMS AND CONDITIONS OF AGREEMENT 25.1. Upon conclusion of the RFP process, City Staff will make a recommendation to the City Council regarding the selection based upon the evaluation of the proposals. The City will enter into negotiations with one or more Proposer(s). Proposer(s) shall enter into a contract with the City in substantial conformity with the selected proposal and the form of the City's Standard Terms and Conditions. The Exemplar Agreement (to be provided during Phase 4), outlines the City and its standard terms and conditions as part of the agreement between the City and the successful Proposer. The City reserves the right to negotiate project deliverables and associated costs. 25.2. All agreements will require the Proposer to adhere to the terms of their proposal and to act in accordance with all applicable laws and regulations. 25.3. An agreement shall not be binding or valid with the City unless and until it is executed by authorized representatives of the City. 26 INSURANCE REQUIREMENTS 26.1. The selected Proposer(s), at Proposer's sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the insurance requirements outlined in Attachment E. 26.2. All policies, endorsements, certificates and/or binders shall be subject to approval by the Risk Manager of the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager. The selected Proposer agrees to provide the City with a copy of said policies, certificates and/or endorsements. 26.3. Certificate of Insurance, as required, shall be provided to City within 10 days of the notice of award. Failure to provide the required Certificate of Insurance may result in withdrawal of the Award, and award to the next highest ranked Proposer. 27 LOCAL AND SMALL BUSINESS PREFERENCE 27.1. Chapter 4.12 of the San Jose Municipal Code provides for a preference for Local and Small Businesses in the procurement of contracts for supplies, materials and equipment and for general and professional consulting services. The amount of the preference shall be 5 points if the business is local and an additional 5 points if the business is small. 27.2. In order for the Proposer to be eligible for local and/or small business preference, the Proposer must meet the following requirements: 27.2.1. For local preference, Vendor must have a current San Jose Business Tax Certificate Number and have an office in Santa Clara County with at least one employee. RFP 15-16-12 Body Worn Camera System Page 11 of 32 27.2.2. The small business preference is a subset of the local preference. For small business preference, Vendor must first qualify as a local business as mentioned above, and have a total number of employees of 35 or less (regardless of where they are located). 27.3. If Proposer meets the eligibility requirements and wants to receive the preference, the Proposer must complete Attachment D, Request for Contracting Preference for Local and Small Businesses. If the Proposer fails to complete this form and submit it with the proposal, the Proposer will be denied consideration for local/small business preference. This information cannot be submitted later. 27.4. The preference shall only be considered for the prime Proposer(s). However, in the event that the proposing firm is a Joint Venture (JV) or Partnership as indicated on the Proposal Certification Form (Attachment B, then the Local Preference shall apply if any one of the firms in the JV or Partnership meets the definition for a local business. In order for a JV or Partnership to be considered for the Small Business Preference, then the aggregate of all of the employees that make up the JV or partnership must meet the definition for a small business. 28 PUBLIC NATURE OF PROPOSAL MATERIAL 28.1. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act (Cal. Government Code section 6250 et seq.) All documents that you send to the City will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions to this disclosure requirement. 28.2. Therefore, any proposal which contains language purporting to render all or significant portions of their proposal "Confidential', "Trade Secret" or"Proprietary", or fails to provide the exemption information required as described below will be considered a public record in its entirety subject to the notification procedures in Section 28.5. 28.3. Do not mark your entire proposal as "Confidential'. 28.4. The City will not disclose any part of any proposal before it announces a recommendation for award, on the grounds that there is a substantial public interest in not disclosing proposals during the evaluation process. After the announcement of a recommended award, all proposals received in response to this RFP will be subject to public disclosure. If you believe that there are portion(s) of your proposal which are exempt from disclosure under the Public Records Act, you must mark it as such and state the specific provision in the Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if you submit trade secret information, you must plainly mark the information as "Trade Secret" and refer to the appropriate section of the Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. 28.5. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked "Confidential', "Trade Secret" or"Proprietary", the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. RFP 15-16-12 Body Worn Camera System Page 12 of 32 29 NON-DISCRIMINATION/NON-REFERENTIAL TREATMENT The successful Proposer agrees that there shall be no discrimination against, or segregation of, any person, on account of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, national origin, marital status, or family status, in connection with or related to the performance of City contracts. 30 CITY BUSINESS TAX The Proposer(s) shall be required to comply with the San Jose Municipal Code Chapter 4.76 with respect to payment of the City Business Tax prior to any commencement of work. Contact Finance/Revenue Management at (408) 535-7055 to determine the applicable tax. RFP 15-16-12 Body Worn Camera System Page 13 of 32 ATTACHMENT A— STATEMENT OF REQUIREMENTS INSTRUCTIONS FOR RESPONDING TO THIS SECTION: • Respond to each requirement, and clearly indicate if the requirement is currently available, available through configuration performed by vendor, available through configuration performed by City, available by development by either vendor or City or the requirement is not available. • Comment on each specification as required assisting the City in understanding how the requirement is met. Please be as concise in your response as possible. • Where appropriate, provide supporting documentation such as screen shots, sample reports and user documentation in order to demonstrate how the specification is addressed. NOTE: Where the word "shall" or"required" appears, Proposers may not take an exception. NOTE: The terms "Contractor' and "Vendor' are used interchangeably. Where the term "Contractor' or "Vendor" are used, the description denotes the responsibilities of the selected Proposer, once an agreement is completed. Where the term "Proposer" is used, the description denotes expectations of the respondents to this RFP as part of their proposal. The Vendor is to provide an explanation for each requirement that the Vendor feels has restrictions, limitations or needs clarification. Further, the Vendor is to provide a brief explanation of each enhancement or modification and reference the item number. 1. GENERAL 1.1. The SJPD requires the EMS solution to: a) have law enforcement specific functionalities; and b) system and its data must run in Criminal Justice Information Service (CJIS) compliant facilities and support models. 1.2. The proposed solution (hardware and software) must be of the most recent release and the selected Vendor shall provide all hosting, software maintenance, and technical support services for the proposed solution throughout the term of the contract. 2. TECHNOLOGY ENVIRONMENT 2.1. The SJPD's technology infrastructure is similar to other businesses and government operations. It consists of end-point devices such as desktop computers, printers, and scanners. The end- point devices are connected through wired and wireless networks. The Local Area Network is 10 GigE using standard network cabling (Cat 6a). The wireless network is set up using VPN that is supported by two commercial carriers using 4G LTE networks. . The core network also connects 18 remote buildings using fiber, AT&T Switched Ethernet Services (ASE) and or standard T1 lines for connectivity. 2.2. Any proposed system must operate in a 24x7x365 environment and be able to accommodate over 1,100 sworn officers, 500 civilian personnel, 1,000 standalone PC's, and 350 patrol cars with 450 mobile data computers (MDCs). SJPD operates via an independent, proprietary Wide Area Network distributed to approximately 1,700 end-users and over 150 diverse print devices. Most of these workstations are currently running Microsoft 7 as the Operating System. 2.3. The SJPD uses various enterprise software solutions to capture and store information. The SJPD's Records Management Systems is from Versaterm and the system used to capture Computer Aided Dispatch systems information is from Hexagon Safety and Infrastructure, formerly Intergraph Corporation. Both systems use 2-3 tier architectures and use Online RFP 15-16-12 Body Worn Camera System Page 14 of 32 Attachment A Transaction Processing solutions to capture and normalize information. Their Online Transaction Processing (OLTP)/Database Management System (DBMS) solutions are Informix, and Oracle, respectively. Other systems used are MS SQL, MS Access, for the DBMS tier. The SJPD also manages a Data Warehouse where information from various systems is consolidated and managed into streamlined access. 3. SYSTEM REQUIREMENTS 3.1. Proposers will provide system diagrams and all associated documentation related to hardware and system architecture. 3.2. Hosting and software maintenance services, at a minimum, shall include updates and upgrades to the solution, including corrections of any substantial defects, fixes of any minor bugs, and fixes due to any conflicts with mandatory operating systems security patches as well as upgrades to new version releases. Selected vendors shall be responsible for ensuring system availability and a minimum uptime of 99%. Non — production environments, such as testing and staging shall also be covered as well as backward compatibility with the deployed BWC devices. 3.3. The SJPD is also seeking Proposer input on the approach to security, beyond the minimum requirement of role-based security and user authentication at the application level. 4. HARDWARE 4.1. Cameras worn by officers shall be lightweight, preferably six ounces or less in total combined weight. 4.2. Cameras shall have minimal wiring, not exceed two wires or cables. 4.3. Cameras shall have recording capability of at least ten continuous (10) hours (the City would prefer twelve (12) hours of continuous recording capability). 4.4. Cameras must have a stand-by battery life of twelve (12) hours without recharging or additional batteries. 4.5. Camera lens must have a field of view of at least 60 degrees. 4.6. The recording speed shall be no less than 30 frames per second (fps). 4.7. Camera shall record video images in full color with a minimum resolution of 640 pixels x 480 pixels. 4.8. Does the camera have a pre or post-event buffer? If so, please describe the buffer functionality. 4.9. Cameras should have multiple mounting options to accommodate varying uniformed officers, plain-clothed officers, and tactical field situations. Examples include, but are not limited to, lapel, shoulder, eyeglasses, cap, helmet, holster, button shirt, zipper shirt, utility belt, etc. 4.10. Does camera allow for on scene (in the field) viewing? If so, describe the ability to playback or view video. 4.11. Camera shall provide feedback to user when activated, either via a visual indicator or audible tone. RFP 15-16-12 Body Worn Camera System Page 15 of 32 Attachment A 4.12. Camera must have an indicator that shows current operating mode. 4.13. If the camera offers night vision enhancement, the City shall have the ability to enable or disable it. 4.14. The System shall provide automatic indexing functionality of video files and be capable of interfacing with existing computer-aided dispatch (CAD) vendor, Intergraph 1/CAD by Hexagon Safety and Infrastructure. 4.15. Vendor shall define the required time for automated indexing (specific time frame after upload of video evidence) and any expected error rate percentage upon indexing. 4.16. Cameras shall automatically embed a time/date stamp in the recorded video. 4.17. Cameras shall prevent users from deleting recorded files without authorization. 4.18. Camera shall have a method for adding desired metadata to video in the field prior to upload. 4.19. Officers must have the ability to playback or view video in the field on mobile cameras and/or MDC's (Getac B300 mobile data terminals) wirelessly (i.e. Bluetooth). 4.20. Camera shall have a pre-event record feature (BWC should capture at least thirty (30) seconds of video prior to officer initiating the recording). 4.21. Camera will export in a standard, open format, such that it can be replayed in freely available software without processing or conversion. Proprietary data formats shall not be accepted. 4.22. The Proposer must offer a multi-dock station capable of uploading digital evidence from multiple cameras simultaneously. 4.23. The Proposer must state the transfer rate of video from the multi-dock station to the cloud in sixty or thirty-minute increments. Proposers shall break down transfer rates by video quality (i.e. Hi Def). 4.24. The multi-dock station must charge the camera batteries, securely transfer files without loss of quality or metadata, and delete the files from the camera once transferred to the evidence management system. 4.25. The multi-dock station should not require a Department computer to operate, connect or interface with the Internet (e.g. the multi-dock station should be a standalone device that connects to the cloud storage solution via an Ethernet connection). 4.26. Describe device wireless activation features (e.g. device is automatically activated with the activation of patrol vehicle's light bar). 4.27. The camera should not cause electromagnetic interference with nearby airwave radios (and other electronic equipment and radio communication systems). 4.28. Loss of power to the camera must not cause data to be lost/corrupted. 4.29. Cameras will be ruggedized. Cameras shall be able to survive a six-foot drop test. Cameras shall be able to operate at minimum temperature of -4 degrees Fahrenheit and a maximum temperature of 122 degrees Fahrenheit. RFP 15-16-12 Body Worn Camera System Page 16 of 32 Attachment A 4.30. Vendor will state camera's Ingress Protection (IP) rating. The City prefers an IP rating of IP67. 4.31. Describe what features devices have in place to prevent accidental activations of camera by the user (without the need for accessories or alteration of equipment by user). 5. EVIDENCE MANAGEMENT SYSTEM (EMS) 5.1. EMS shall be an externally hosted, cloud-based data storage solution with the capability of organizing/managing video/digital evidence and be accessible via the internet to multiple users simultaneously. 5.2. EMS must not require local storage infrastructure. 5.3. EMS must allow for remote access with complete functionality (review, enter metadata and send video) with SJPD mobile devices and computers. 5.4. EMS shall provide an automatic audit trail for when files and videos are accessed. 5.5. Upload times to the EMS will be defined in per hour or thirty-minute increments of video files. 5.6. Any required or expected `buffering' times before video files are accessible in cloud storage (for view or adding metadata) will be clearly defined. 5.7. EMS must allow officers to enter additional metadata to recorded files, such as notes or comments. 5.8. Describe System compatibility with SJPD mobile devices (iPhones, Kyocera Duraforce, Samsung Rugby Pro). 5.9. Solution must support all major digital file types (avi, jpeg, mpeg, etc.). 5.10. EMS shall provide remote viewing of the stored video based on the permissions granted by the System Administrator. 5.11. EMS shall allow users to search video files by name, date of recording, date of upload, case number (CAD-generated), device number, as well as categorize and add notes to each file within the solution. 5.12. Proposer shall indicate the number of searchable fields in storage system and any `wild card' searches that can be done to locate stored data. 5.13. EMS must allow System Administrators the ability to grant access of specific files to specified persons for a specific period of time. 5.14. EMS shall have the ability to share files internally and externally via secure links over the Internet. 5.15. EMS shall grant System Administrators the ability to set variable retention rules per SJPD preferences. 5.16. EMS shall have the ability to set time tables for automatic deletions of files. 5.17. EMS shall have the ability to recover deleted evidence within a minimum of seven (7) days of deletion. The City would prefer a recovery period of 30 days. RFP 15-16-12 Body Worn Camera System Page 17 of 32 Attachment A 5.18. The EMS will maintain a log/audit trail illustrating users who have viewed and copied video to an external source (e.g. DVD/ long term storage). 5.19. EMS must have the ability to preserve the raw file without editing. 5.20. EMS must securely store all videos and recordings in a way that only City-authorized users and users authorized by SJPD can view. 5.21. EMS must provide redundant, security back-up of all data. 5.22. EMS must offer redaction capabilities. 5.23. EMS must be compatible with at least Windows 7 Professional Operating System or more recent versions) and Internet Explorer Version 11 web browser or more recent version(s). 5.24. Preferences: 5.24.1. Users should have the ability to send email messages from hosted solution interface to end users. 5.24.2. EMS should send System Administrators administrative notifications when evidence files are about to be deleted. 5.24.3. EMS should send System Administrators administrative notifications when users need their credentials reset due to failed log on attempts. 5.24.4. EMS should offer auto-redaction capabilities, to include high-movement and low light video; preferred to minimize the amount of time to redact 30 fps for the entire length of video. 5.24.5. EMS should have the ability to capture data, report on video statistics and provide custom reports. 6. VIDEO STORAGE 6.1. The storage facility must be located within the continental United States. 6.2. Define maximum storage capacity, if any. 6.3. Does your storage solution have the ability to download video from multiple camera units simultaneously? 6.4. Solution should have two tier storage capacity for active video and long term storage needs as defined by the City. 6.5. Describe ability of proposed solution to provide the City with the ability to export/download and migrate original recordings with all metadata to other storage options, i.e. local storage or a local digital evidence management system, after a set time period for long term (`cold') storage as determined by the City. 6.6. Does solution have the ability to maintain and export audit trail along with video? 6.7. Describe archival, hot and cold cloud storage solutions. 6.8. Discuss different cost savings as defined by various storage solutions (active vs. long-term storage of files). RFP 15-16-12 Body Worn Camera System Page 18 of 32 Attachment A 6.9. Describe capability to respond to requests to pull video from 'cold cloud storage', including time required to download video from storage. 6.10. Does proposed solution offer storage options for 'unlimited storage' of body camera video evidence. 7. SYSTEM SECURITY 7.1. The EMS shall meet the minimal security requirements for the Criminal Justice Information Services (CJIS) Policy. In particular, the EMS shall comply with Policy Areas 2 through 13 in Section 5 of the CJIS Policy. The CJIS Policy can be viewed by accessing the following link: https://www.f bi.gov/about-us/ci is/ci is-security-pol icy-resou rce-center 7.2. The City may verify that Contractor is in compliance with CJIS by requesting a compliance audit of Contractor's technology deployment through the CJIS Systems Agency to the Federal Bureau of Investigation (FBI). The FBI CJIS Division shall perform the requested audit to verify compliance. 7.3. System shall provide full conformance to Federal Information Processing Standards (FIPS) Publication 140-2. 7.4. Proposer will provide a detailed explanation of data security standards, to include but not limited to: defining the physical environment, location of all host servers; protections against natural and man-made disasters; encryption; transfer; storage; redundancy and recovery of files. 7.5. Describe security standards for hardware (cameras) in place to prevent data from being accessed in the event a camera is lost or stolen. 7.6. Proposer will describe any previous loss of data occurring from criminal actions, as well as other issues that impact data integrity, such as unauthorized data access by contract personnel. 7.7. EMS shall provide user authentication with a unique username and password. 7.8. EMS will allow for authorized users to be established based on various roles and permissions by the System Administrator. 7.9. EMS will offer optional IP access restriction, and security challenge questions upon access from an unknown or previously used location. 7.10. Provide a non-technical means for field personnel to remotely view stored video without altering original file (other than applying metadata to file). 7.11. Any access to stored video shall be maintained in an automatic log or audit trail showing users that have viewed, shared or copied video to an external source (e.g. CD/DVD, local storage, etc.), and the audit trail should be capable of being exported 7.11.1. Log activities performed by specific user ID, IP address and time/date stamp all activities. 7.12. System Administrators shall have the ability to administratively manage accounts and assign rights and permissions to system users. RFP 15-16-12 Body Worn Camera System Page 19 of 32 Attachment A 7.13. EMS shall provide ability to set an unsuccessful access attempt limit and suspend IDs after reaching the unsuccessful access threshold. 7.14. EMS shall provide ability to send alerts to System Administrators for unauthorized access attempts. 7.15. EMS shall enable automatic Iogoff of ID after a defined period of session inactivity, and perform subsequent re-log-on password authentication. 7.16. EMS shall provide ability to configure password parameters such as password lengths, user access to expiration settings and other behaviors, enabling alphanumeric characters, etc. 7.17. EMS shall provide ability to lock out user or group ID. 7.18. Describe ability of system to enforce password expiration. 7.19. Describe ability of system to limit concurrent sessions. 7.20. Describe ability of system to log changes to administrative functions. 8. INFORMATION SECURITY 8.1. Contractor shall encrypt transmission of Confidential data when transferred through publicly accessible networks such as the Internet. 8.2. Contractor shall ensure all transmission of information data files are transferred through a Secure Socket Layer (SSL), which creates a 128 bit encrypted connection which is password protected. All data files that are on Contractor's servers are encrypted once they have completed the upload and pre-process procedures. 8.3. All input data transmitted across public networks (all networks other than the City's) shall be encrypted during transit and decrypted electronically during processing to produce non- confidential output data. The decrypted data shall not be accessible by Contractor's employees unless otherwise limited on a "need to know" basis as determined by the San Jose Police Department designee. 8.4. The System shall have a host-based firewall technology preventing inappropriate/ unauthorized access. Contractor shall provide the following: 8.4.1. All intrusion detection system monitoring for unauthorized access attempts. 8.4.2. Must run anti-virus software. 8.4.3. Monitor daily logs for potential intrusions, file integrity. 8.4.4. Only allow access by uniquely assigned and auditable IDs. 8.4.5. All data transfers and administrative access must be in an encrypted format. 9. CURRENT TECHNICAL COMPONENTS 9.1. The SJPD currently utilizes the following applications that provide useful information to the SJPD as a whole. RFP 15-16-12 Body Worn Camera System Page 20 of 32 Attachment A 9.1.1. Computer Aided Dispatch - provided by Hexagon and uses Oracle as a Database Management System. 9.1.2. Records Management System— provided by Versaterm and uses Informix as the Database Management System. 10. SJPD RESPONSIBILITIES 10.1. Technical Tasks 10.1.1. SJPD pays the cloud subscription fees; 10.1.2. Procure the necessary software licenses if required; 10.1.3.Acceptance testing of all software recommendations and installations. 10.2. Administrative Tasks 10.2.1. Facilitate all required logistics, including scheduling, room reservations, hardware, etc. needed for workshops and training; 10.2.2. Provide follow-up written comments to Contractor when necessary within ten business days following review sessions; 10.2.3. Provide workshop/training facilities on-site. Contractor will be provided reasonable access to the training/workshop facilities, such as the building, room, and hardware; 10.2.4. Provide Enterprise account privileges and passwords to Contractor as needed; 10.2.5. Provide a work space and a computer when Contractor is working on- site. 10.3. Provision of Data 10.3.1.Access to Intergraph CAD system, schema design, technical resources and available Application Programming Interface (API); 10.3.2.Access to Versaterm RMS system, schema design, technical resource and available API. 10.4. SJPD Resources 10.4.1.The SJPD will appoint a project manager, whom the Contractor's project manager will report to; 10.4.2.The SJPD will provide system administration of the new system(s) once implemented and accepted. 11. TRAINING 11.1. Proposer shall provide training for hardware and software for no less than 225 of assigned officers. 11.2. Proposer shall provide the City a `Train-the-Trainer' level course for twenty (20) students. This training shall provide the student the ability to adequately equip an end user sufficient knowledge to properly operate and utilize the body worn device equipment and EMS. 11.3. Proposer shall provide an Advanced Training course for up to ten (10) administrative users in areas related to technical support and video management. The training should at a minimum focus on the areas related to the EMS operating system, use and assigning of the equipment, RFP 15-16-12 Body Worn Camera System Page 21 of 32 Attachment A maintenance, troubleshooting, changing of components in need of repair, account management, video management, video redaction and video security. Provide a description of a training plan and schedule. 11.4. Trainings shall include but not be limited to the following: Onsite in person and/or seminar training, online/intranet interactive and pre-recorded training. 11.5. Proposer will provide training materials to City that are customized to reflect City's business processes. 11.6. All material and manuals necessary, including electronic versions, to perform the required training shall be furnished by the Vendor. 11.7. The Vendor shall authorize the City to utilize the material in future training sessions. 11.8. Long term training shall be provided in the form of archived digital training materials, long term refresher training for management/training staff, as well as a" train-the-trainer" program for City Staff. 11.9. Please describe your training program and schedule. Provide a list of available on-line training courses. Describe the amount of on-site training that is included in your proposed implementation. Describe any additional training packages not mentioned. 12. WARRANTY 12.1. Proposal shall include a minimum twelve (12) month warranty and support on all items with each device purchased. 12.2. The Twelve (12) month warranty shall begin at the completion of phased implementation. All shipping/transportation costs, parts, and labor costs shall be included in the initial warranty coverage and priced for ongoing maintenance plans. 12.3. Repair and/or replacement shall be provided within 72 hours of receiving returned defective or damaged equipment at no charge during the warranty period. 12.4. The warranty, unless otherwise stated in the contract, shall include all evidence management system upgrades. 12.5. Proposer shall offer, as an option, an extended warranty for four (4) years. 13. CUSTOMER SERVICE 13.1. Vendor will provide 24/7/365 technical support (phone, email etc), and additional on-site or after-hours service cost should be noted separately. 13.2. Cost for basic support services should be proposed as an annual cost. 13.3. Vendor should provide a complete list of services and response times for help calls of varying priority. RFP 15-16-12 Body Worn Camera System Page 22 of 32 Attachment A 14. MAINTENANCE & REPAIRS (HARDWARE) 14.1. Proposer shall propose and provide a detailed description of the maintenance services that are available once the one-year warranty has expired. 14.2. Vendor shall provide on-site repair services as required. 15. DISASTER RECOVERY 15.1. Contractor shall provide a system for disaster recovery in another region (within the Contiguous United States) with a single server containing an entire copy of the content store and database. 15.2. In the event of a failure of the main system, the EMS will be scaled up to the specifications of the full system as quickly as possible, but no longer than 24 hours from the failure. 15.3. Describe your Disaster Recovery policy. 16. EXIT STRATEGY 16.1. The CITY will own the video/data contained in the System and upon agreement expiration and/or termination of the agreement, Proposer/Contractor must agree to provide all video/data to the CITY in format that is compatible with the CITY's enterprise database platform. 16.2. At the termination of the contract for vendor-hosting, all video/data at the PROPOSER'S facilities shall be purged only after CITY determines that it has satisfactory copies of the video/data. RFP 15-16-12 Body Worn Camera System Page 23 of 32 Attachment A ATTACHMENT B — PROPOSAL CERTIFICATION NO PROPOSAL SHALL BE ACCEPTED WHICH HAS NOT BEEN SIGNED IN INK IN THE APPROPRIATE SPACE BELOW Proposing Firm Name: Address: Telephone: Facsimile: E-Mail: Contact person name and title: PROPOSER REPRESENTATIONS 1. Proposer did not, in any way, collude, conspire or agree, directly or indirectly, with any person, firm, corporation or other Proposer in regard to the amount, terms, or conditions of this proposal. 2. Proposer additionally certifies that neither Proposer nor its principals are presently disbarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency, any California State agency, or any local governmental agency. 3. Proposer acknowledges that all requests for deviations, exceptions, and approved equals are enclosed herein and that only those deviations, exceptions, and approved equals included in the RFP document or permitted by formal addenda are accepted by the City. 4. Proposer did not receive unauthorized information from any City staff member or City Consultant during the Proposal period except as provided for in the Request for Proposal package, formal addenda issued by the City, or the pre-bid conference. 5. Proposer hereby certifies that they will meet the equipment delivery and installation services dates included in the RFP and/or its attachments. 6. Proposer hereby certifies that the information contained in the proposal and all accompanying documents is true and correct. 7. Please check the appropriate box below: ❑ If the proposal is submitted by an individual, it shall be signed by him or her, and if he or she is doing business under a fictitious name, the proposal shall so state. ❑ If the proposal is made by a partnership, the full names and addresses of all members and the address of the partnership, the full names and addresses of all members and the addresses of the partnership, the full names and addresses of all members and the address of the partnership shall be stated and the proposal shall be signed for all members by one or more members thereof. ❑ If the proposal is made by a corporation, it shall be signed in the corporate name by an authorized officer or officers. RFP 15-16-12 Body Worn Camera System Page 24 of 32 Attachment B ❑ If the proposal is made by a limited liability company, it shall be signed in the corporate name by an authorized officer or officers. ❑ If the proposal is made by a joint venture, the full names and addresses of all members of the joint venture shall be stated and the bid shall be signed by each individual. By signing below, the submission of a proposal shall be deemed a representation and certification by the Proposer that they have investigated all aspects of the RFP, that they are aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and that they have read and understand the RFP. Authorized Representative Name (sign name): Authorized Representative Signature (print name): Authorized Representative Title (print title):+ Complete additional signatures below as required per# 7 above Authorized Representative Name (sign name): Authorized Representative Signature (print name): Authorized Representative Title (print title :+ Authorized Representative Name (sign name): Authorized Representative Signature (print name): Authorized Representative Title (print title :+ NO PROPOSAL SHALL BE ACCEPTED WHICH HAS NOT BEEN SIGNED IN INK IN THE APPROPRIATE SPACE RFP 15-16-12 Body Worn Camera System Page 25 of 32 Attachment B ATTACHMENT C — PREVIOUS CUSTOMER REFERENCE FORM At the time of proposal submission, three references are required from Proposers that can substantiate large customer accounts where the Proposer has provided sales, service and support similar to the requirements of this RFP. Please submit these references using this attachment. Only one copy of the form is provided in the RFP package. Proposers are required to copy the form as required to meet the reference submission requirements. Name of Customer: Customer Contact: Customer Address: Customer Phone Number: Customer Email: Your Company Name: Does this reference substantiate that your company meets the requirement for ONE reference with 350 cameras deployed: (Section 6.1.1)? Yes ❑ No ❑ What was the period of performance? Contract Period From: To: Type of Contract: $ value of Contract: On-Premise Model ❑ Hosted Model ❑ Brief Description of Service Provided for this Customer: RFP 15-16-12 Body Worn Camera System Page 26 of 32 Attachment C ATTACHMENT D — REQUEST FOR LOCAL/SMALL BUSINESS PREFERENCE Chapter 4.12 of the San Jose Municipal Code provides for a preference for Local and Small Businesses in the procurement of contracts for supplies, materials and equipment and for general and professional consulting services. The amount of the preference depends on whether the vendor qualifies as a Local Business Enterprise*or Small Business Enterprise—and whether price has been chosen as the determinative factor in the selection of the vendor. In order to be a Local Business Enterprise (LBE)you must have a current San Jose Business Tax Certificate Number and have an office in Santa Clara County with at least one employee. If you qualify as an LBE you can also qualify as a Small Business Enterprise (SBE) if the total number of employees (regardless of where they are located)of your firm is 35 or fewer. There are two ways in which the preference can be applied. In procurements where price is the determinative factor(i.e.there are not a variety of other factors being considered in the selection process)the preference is in the form of a credit applied to the dollar value of the bid or quote. For example, a non-local vendor submits a quote of$200 per item and a LBE submits a quote of$204 per item. The LBE receives a 2.5%credit on the quote,which equals approximately$5 and thus the LBE will win the award because the quote is evaluated as if it had been submitted as$199. In procurements such as RFP there are usually a variety of factors evaluated to determine which proposal best meets the City's needs. In procurements such as these where price is not the determinative factor, an LBE or SBE will be given an additional 5%to 10%points in the scoring of their proposal. The followina determinations have been made with resect to thisprocurement: for official use only) Type of Procurement ❑ Bid I ❑ Request for Quote' Request for Proposal Type of Preference ❑ Price is Determinative Price is Not Determinative Amount of Preference LBE preference=2.5%of Cost LBE preference=5%of Points SBE preference=2.5%of Cost SBE preference'=5%of Points''. In order to be considered for any preference you must fill out the following statement(s)under penalty of perjury. Business Name Business Address Telephone No. Type of Business ❑ Corporation ❑ LLC ❑ LLP ❑ General Partnership ❑ Sole Proprietorship ❑ Other(explain) "LOCAL BUSINESS ENTERPRISE(LBE) PREFERENCE In order to qualify as an LBE you must provide the following information: Current San Jose Business Tax Certificate Number: Address of Principal Business Office or Regional, Branch or Satellite Office with at least one employee located in Santa Clara County: ""SMALL BUSINESS ENTERPRISE (SBE) PREFERENCE In order to qualify as an SBE you must qualify as an LBE and have 35 or fewer employees. This number is for your entire business--NOT just local employees, or employees working in the office address given above. Please state the number of employees that your Business has: Based upon the forgoing information I am requesting that the Business named above be given the following preferences (please check): ❑ Local Business Enterprise ❑ Small Business Enterprise I declare under penalty of perjury that the information supplied by me in this form is true and correct. Executed at: California Date: Signature Print name RFP 15-16-12 Body Worn Camera System Page 27 of 32 Attachment D ATTACHMENT E — INSURANCE REQUIREMENTS CONTRACTOR, at CONTRACTOR'S sole cost and expense, shall procure and maintain for the duration of this AGREEMENT, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services hereunder by the CONTRACTOR, its agents, representatives, employees or subcontractors or suppliers. The cost of such insurance shall be included in the CONTRACTOR'S bid. 1 Minimum Scope and Limit of Insurance There shall be no endorsements reducing the scope of coverage required below unless approved by the City's Risk Manager. Tjrpo of Insurance Minimum Limit 1 Commercial General Liability $1,000,000 per occurrence for The coverage provided by Insurance Services Office "occurrence"form bodily injury, personal injury and CG 0001, including coverages for contractual liability, personal injury, property damage or$2,000,000 broadform property damage, independent contractors, products and annual aggregate. completed operations. 2. Automobile Liability $1,000,000 combined single limit The coverage provided by Insurance Services Office form number CA per accident for bodily injury and 0001. Coverage shall be included for all owned, non-owned and hired property damage. automobiles. 3. Workers' Compensation and Employer Liability $1,000,000 combined single limit As required by the Labor Code of the State of California. per accident for bodily injury and property damage. 4. Professional Liability/Errors and Omissions Not less than $1,000,000 each Including coverages for negligent acts, errors or omissions arising from claim and annual aggregate professional services provided under this contract, with any deductible not to exceed $25,000 each claim 2 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the City's Risk Manager. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and contractors; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the City's Risk Manager. 3 Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 3.1. General Liability and Automobile Liability Coverages RFP 15-16-12 Body Worn Camera System Page 28 of 32 Attachment E a. The City, its officials, employees, and agents are to be covered as additional insureds as respects: liability arising out of activities performed by, or on behalf of, the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, and agents. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees, and agents. Any insurance or self-insurance maintained by the City, its officials, employees, and agents shall be excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, or agents. d. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. Coverage shall contain a waiver of subrogation in favor of the City, its officials, employees, and agents. 3.2. Workers' Compensation and Employers Liability Coverage shall be endorsed to state carrier waives its rights of subrogation against the City, its officials, and agents. 3.3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City; except that ten (10) days' prior written notice shall apply in the event of cancellation for non-payment of premium. 4 Acceptability of Insurance Insurance is to be placed with insurers acceptable to the City's Risk Manager. 5 Verification of Coverage 5.1. Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 5.2. Copies of all the required ENDORSEMENTS shall be attached to the CERTIFICATE OF INSURANCE which shall be provided by the Contractor's insurance company as evidence of the stipulated coverages. 5.3. Proof of insurance shall be either emailed in pdf format to: Riskmgmt@sanjoseca.gov, or mailed to the following postal address (or any subsequent email or postal address as may be directed in writing by the Risk Manager): City of San Jose— Finance Department RFP 15-16-12 Body Worn Camera System Page 29 of 32 Attachment E Risk & Insurance 200 East Santa Clara St., 14th Floor San Jose, CA 951 1 3-1 905 6 Subcontractors Contractors shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. RFP 15-16-12 Body Worn Camera System Page 30 of 32 Attachment E ATTACHMENT F — COMPANY PROFILE 1 General Information Proposer shall provide the following information: 1.1. Background of the company, including a brief corporate history indicating location of company's main office, other names the company has utilized in the past, companies that have merged or affiliated with Proposer. 1.2. A brief history of company(s) products and services offered, including its development, installations, upgrades, and product changes including summary of lifecycle of body worn cameras and video management systems and any planned or projected upgrades over the next 5 years. 1.3. Overall company experience implementing your proposed solution including organization name and size, as well as users. 1.4. Staffing and degree of participation in project by other firm or subcontractor. 1.5. The address and phone number of the U.S. based corporate office. 1.6. Disclosure of any Implementations that have failed (where this did not result in a terminated contract or litigation) within the last seven years. 2 Client List & Implementations Proposer shall provide the following information: 2.1. Provide a client list of all installations occurring within the last three (3) years and indicate if completed, in progress or cancelled, if different from the references provided. 3 Organizational Information Proposer shall provide the following information: 3.1. An organizational chart for the division of the company(s) directly responsible for the product or services proposed in this RFP. Indicate total employees in the development, sales, support and service (implementation support) departments. Indicate the total number of employees and their distribution by function. Indicate (by function) total employee head count by year for the last five years. Identify, with an asterisk, those categories comprised of people serving multiple roles. • Total Employees. • Sales. • Technical Support. • Research and Development. • Maintenance. • Implementation. • Management. 4 Research and Development Activities/Strategic Production Direction Proposer shall provide the following information: RFP 15-16-12 Body Worn Camera System Page 31 of 32 Attachment F 4.1. A description of your current research and development ("R&D") activities. Including the percentage of total revenue reinvested in product development annually and the actual dollar figure invested/reinvested annually for each of the past five years. 4.2. A statement of your strategic direction for each of the product lines being proposed, including a development timeline through the life of the current version. 4.3. A statement of your strategic direction with respect to development of technologies, products, product features and services in support of eCommerce related products and technologies. 4.4. A statement of your strategic direction with respect to development of non-traditional service delivery models such as outsourcing, hosting and Software as a Service ("SaaS"). Include in your response any references or case studies of other organizations that have adopted service delivery models of this type and refer to any partnerships (formal or informal) you have with other vendors that provide these services. RFP 15-16-12 Body Worn Camera System Page 32 of 32 Attachment F City of San Jose FA Office of the City Clerk Agreement for Body Worn Camera and Evidence Management Sysfe�m 201 Between the City of San Jose and Taser International, Inc. &ACCEPTED O REJECTED This Agreement is entered into as of the City's execution date ("Effective Date") between the City of San Jose, a municipal corporation (hereinafter"City"), and Taser International, Inc., a Delaware corporation, registered to do business in the State of California (hereinafter"Taser" or"Contractor"). Each of City and Contractor are sometimes hereinafter referred to as a "Party" and collectively as the "Parties". RECITALS WHEREAS, the City issued a Request for Proposal ("RFP") for a Body Worn Camera and Evidence Management System ("System"); and WHEREAS, the Contractor has gained a good understanding of City's requirements pertaining to this System through Contractor's examination of the City's Request for Proposals documents; and WHEREAS, the Contractor has the necessary expertise and skills to perform such services; and i WHEREAS, based on this in-depth understanding and the Contractor's knowledge and experience with other municipal organizations, Contractor warrants that the proposed System will meet the City's specifications and requirements as described in the Scope of Services; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. AGREEMENT DOCUMENTS The documents forming the entire Agreement between City and Contractor shall consist of this Agreement including: I EXHIBIT A - Scope of Services -Appendix 1 —Hardware and System Specifications -Appendix 2—Preliminary Project Schedule -Appendix 3— Evidence.com Plans -Appendix 4 —Milestone and Deliverables Acceptance Form -Appendix 5—Final System Acceptance Certificate -Appendix 6—Price List EXHIBIT B - Compensation/Payment Schedule EXHIBIT C - Insurance Requirements EXHIBIT D - Evidence.com Terms of Use EXHIBIT E -Taser Assurance Plan EXHIBIT F -Axon Integration Services EXHIBIT G - Change Order Form EXHIBIT H - Notice of Exercise of Option to Extend Agreement Form EXHIBIT I -Taser Proposal Response (incorporated by reference) j EXHIBIT J - City of San Jose RFP#15-16-12 Body Worn Camera and Evidence Management System for the San Jose Police Department (incorporated by reference) In the event any discrepancies or inconsistencies between the provisions of this Agreement and the Exhibits, the provisions of this Agreement will prevail. Notwithstanding the Agreement for Body Worn Camera and Evidence Management System Page 1 of 15 1328408 foregoing, the terms of the Evidence.corn Terms of Use (Exhibit D),Taser Assurance Plan (Exhibit E), and Axon Integration Services (Exhibit F) shall prevail with respect to the specific terms therein. The provisions in the Exhibits shall prevail over conflicting terms in the Appendices to the Exhibits. Exhibit I and Exhibit J are incorporated by reference, and shall be relied upon to aid in interpretation of the terms in the body of the Agreement and Exhibits A through H. Exhibit I and Exhibit J do not reduce the requirements negotiated by the Parties as set forth in the body of the Agreement and Exhibits A through H. This Agreement and the Exhibits set forth above, contain all of the agreements, representations and understandings of the Parties hereto, and supersede and replace any previous understandings, commitments, or agreements, whether oral or written. Any other terms or conditions included in any shrink-wrap or boot-screen license agreements, quotes, invoices, acknowledgments, bills of lading, or other forms utilized or exchanged by the Parties shall not be incorporated in this Agreement or be binding upon the Parties unless the Parties expressly agree in writing or unless otherwise provided for in this Agreement. Contractor and City hereby acknowledge that they have drafted and negotiated the Agreement jointly, and the Agreement will be construed neither against nor in favor of either, but rather in accordance with its fair meaning. 2. TERM OF AGREEMENT 2.1. Term The term of this Agreement is from the Effective Date to June 30, 2021 ("Initial Term"), inclusive, subject to the provisions of Section 14 (Termination). 2.2. Options to Extend After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for up to five (5) additional one-year terms through June 30, 2026("Option Periods"). City shall provide Contractor with no less than thirty (30) days prior written notice of its intention to exercise its option to extend the term of this Agreement. See Exhibit H for Notice of Exercise of Option to Extend Agreement Form. I 2.3. Annual Appropriation of Funds City's funding of this Agreement shall be on a fiscal year basis (July 1 to June 30) and is subject to annual appropriations. Contractor acknowledges that the City, a municipal corporation, is precluded by the California State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the City to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the Initial Term and any Option Periods are contingent upon the appropriation of funds by the City. This Agreement will terminate immediately if funds necessary to continue the Agreement are not appropriated. Despite the foregoing, the City shall pay Contractor for any Services performed in accordance with this Agreement up to the date of termination. 3. SCOPE OF SERVICES 3.1. Scope of Services Contractor agrees to license and install the System, provide the products, and perform the professional services as set forth in the Scope of Services ("Services") which is attached as Exhibit A hereto and incorporated as though fully set forth herein (the "Scope of Services"). Agreement for Body Worn Camera and Evidence Management System Page 2 of 15 1328408 !� 1 3.2. Equipment Any additional equipment, parts, or services required for final acceptance as detailed in Scope of Services (Exhibit A) but not reflected in the Contractor's pricing shall be the sole responsibility of the Contractor and at no cost to the City. 3.3. Notification Contractor agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Contractor's ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. 3.4. Support Service The terms of support for the System shall be as set forth in the Scope of Services Exhibit A, Section 12. 4. DATA AND FACILITIES Contractor acknowledges that it has in its possession all applicable specifications and drawings, and all other documents to which reference is made herein and/or which are matched hereto, and all such data are adequate to enable Contractor fairly to determine its ability to perform the work called for herein at the price and in accordance with the schedule set forth herein. Contractor represents that it now has or can readily procure without assistance of City all facilities, machinery and equipment necessary for the performance of this Agreement. I 5. STANDARD OF SERVICE II In connection with the performance of any Services pursuant to this Agreement: ` 5.1. Number of Employees Contractor warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement. Furthermore, Contractor shall, at its expense, supply all tools, equipment and other materials necessary to perform the Services contemplated in this Agreement. 5.2. Skill of Employees Contractor warrants that employees shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. 5.3. Duty of Confidentiality All data, documents, discussions or other information developed or received by or for one party in performance of this Agreement are confidential and must not be disclosed to any person except as authorized by the other party, or as required by law. The receiving party warrants that all employees utilized by it in performing Services are under a written obligation to the receiving party requiring the employee to maintain the confidentiality of information of the other party to the extent permitted by law. s 1 i Agreement for Body Worn Camera and Evidence Management System Page 3 of 15 1328408 s 5.4. Security and Safety Contractor shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. City may require each employee providing Services to undergo a background investigation, including, but not limited to a criminal records and fingerprint check. Contractor shall promptly replace any employee found to be unacceptable to City, in its sole discretion, on the basis of a significant infraction found in the background investigation. 6.5. Contractor's obligations to employees Contractor shall provide for and pay the compensation of its employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers' compensation benefits)which an employer is required to pay relating to the employment of employees. City shall not be liable to Contractor or to any employee for Contractor's failure to perform its compensation, benefit, or tax obligations. Contractor shall indemnify, defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 5.6. Replacement of Employees During the course of performance of Services, City may request replacement of an employee or a proposed employee, provided that there is reasonable cause. In such event, Contractor shall, within ten (10)working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. If, within the first thirty (30)days after an employee's commencement of Services, City notifies Contractor(1) such employee's level of performance is unacceptable, (2) such employee has failed to perform as required, or (3) such employee, in City's sole opinion, lacks the skill, knowledge or training to perform at the required level, then Contractor will be required to review the work performed by such employee, confirm that quality of work, and correct any items the Contractor deemed incorrect. 6. SCHEDULE OF PERFORMANCE Contractor shall perform the Services according to the terms and provisions of Exhibit A, Appendix 2 entitled "Preliminary Project Schedule". Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 7. CHANGE ORDER PROCEDURE AND AUTHORIZATION 7.1. Changes Any changes to this Agreement that relate to (i)the deletion of Products or Services, (ii) adding additional Products, or Services (iii) changing or modifying Products or Services, or (iv) making other changes that materially alter the scope of this Agreement or the Deliverables required under this Agreement, including approval of all performance and/or payment schedules shall be made by the Director of Finance in accordance with the procedures set forth below. 7.2. Contract Change Requests Either party hereto may, from time to time, and at any time during the term hereof request a change, as defined in the above section. (The party requesting the change is hereinafter referred to as the "Requesting Party.") Requests for changes shall be in writing and shall be addressed and delivered to the other party. Such writing shall be identified as a "Contract Change Request,"shall carry a sequential number for ease of tracking, shall set forth in Agreement for Body Worn Camera and Evidence Management System Page 4 of 15 1328408 i 3 detail the nature of the change requested and the costs associated therewith, and shall identify the Products, Services, Deliverables or Schedules to be changed. 7.3. Procedures i As soon as practical after receipt by the notified party of copies of the Request, the parties shall meet as necessary to discuss the change and to ascertain its cost and schedule impacts, if any. 7.4. Change Orders If the parties decide to implement a change request, a standard form Change Order ("CO") shall be prepared in a form substantially similar to the form attached hereto as Exhibit G, which CO shall describe the change, delineate the cost, schedule, and other impacts of the change and the payment terms for any price increase. Only City's Director of Finance and Contractor's Authorized Representative shall have authority to execute COs to this Agreement. Execution of a CO by City's Director of Finance and Contractor's Authorized Representative shall constitute a modification hereof and shall be binding on both parties hereto. 8. COMPENSATION 8.1. City shall pay Contractor an amount not to exceed Four Million, Four Hundred Twenty- Seven Thousand, Nine Hundred Forty Dollars ($4,427,940) during the Initial Term ("Maximum Compensation"). The terms, rate and schedule of payment are set forth in the attached Exhibit A, Appendix 6 "Price list", and Exhibit B, "Compensation/Payment Schedule." Contractor shall submit to City invoices at the completion of each milestone that include a breakdown of Services as provided in attached Exhibit B, entitled "Compensation/Payment Schedule." City will make payments to Contractor within thirty (30) days after the date of approval of each invoice. City will make payments when due in the form of a check, or wire transfer drawn on a U.S. financial institution. 8.2. All freight charges are included in the Contract Price under Section 8.1, and will be pre-paid by Contractor. Title in the Equipment shall remain with the Contractor until such goods have been received and paid for by City. The risk of loss for the Equipment remains with the Contractor until the City accepts delivery of the Equipment at 201 W Mission St, San Jose, CA, 95110. Contractor shall insure the Equipment against loss or damage. 9. TAXES AND CHARGES Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of Contractor's business. 10. SYSTEM ACCEPTANCE Upon final completion of each phase of the System installation, City and Contractor shall conduct an Acceptance Test. The criteria for the Acceptance Tests shall be as set forth in a mutually-agreed Acceptance Test Plan. System Acceptance shall occur upon successful completion of the Acceptance Tests described in the Acceptance Test Plan to be provided by Contractor. When System Acceptance occurs for each phase, the Parties will memorialize this event by promptly executing a Milestone and Deliverables Acceptance Form (Exhibit A, Appendix 4) and when applicable, a Final System Acceptance Certificate (Exhibit A, Appendix 5), Agreement for Body Worn Camera and Evidence Management System Page 5 of 15 1328408 If, in the discretion of City, the System does not meet the requirements of the Acceptance Test specifications, City may (1) permit Contractor to repair or (2) permit Contractor to replace the System so that the System meets the Acceptance Test specifications in all material respects, all at no additional expense to City. Payment for any part or parts of the System or Services provided hereunder, or inspection or testing thereof by City, shall not constitute acceptance or relieve Contractor of its obligations under this Agreement. City may inspect the components of the System when delivered and reject upon notification to Contractor any and all of the System which does not conform to the Specifications or other requirements of this Agreement. Components of the System which are rejected shall be promptly corrected, repaired, or replaced by Contractor in accordance with Contractor's warranty obligations under this Agreement, such that the System conforms to the warranties, Specifications and the other requirements of this Agreement. If City receives components of the System with defects or nonconformities not reasonably apparent on inspection, then City reserves the right to require prompt correction, repair, or replacement by Contractor in accordance with Contractor's warranty obligations under this Agreement following the discovery of such defect or nonconformity. 11. REPRESENTATION AND WARRANTIES 11.1. Equipment and Hardware Warranty 11.1.1. Contractor warrants that all goods and services shall be delivered or performed free of all liens, claims, security interest or encumbrances, will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect for the applicable warranty period. Contractor assumes design responsibility, and warrants that all goods and services shall be delivered or performed free of design defect and suitable for the purposes intended by City, and that neither purchase, use or resale, nor delivery or performance thereof shall violate any patent, copyright or similar rights. Contractor's warranties shall run to City and shall not be deemed to be exclusive. City's inspections, approval, acceptance, use of or payment for all or any part of the goods or services shall in no way affect its warranty rights whether or not a breach of warranty had become or should have become evident at the time. 11.1.2. Contractor shall provide its full warranty as part of this Agreement. 11.1.3. Warranty shall cover all body worn cameras, docking stations, signal units, camera batteries and controllers under this Agreement for the term of the Agreement and as further detailed in Exhibit E, "Taser Assurance Plan". 11.1.4. If City claims that equipment and hardware is nonconforming, City shall: (1) Promptly notify Contractor in writing of the basis of such nonconformity; (2) Submit a request for repair or replacement via Contractor's Return Material Authorization (RMA) website. The website may be accessed through the following link: http://www.taser.com/support/returns; (3) Return the equipment freight prepaid to Contractor's designated location; and Agreement for Body Worn Camera and Evidence Management System Page 6 of 15 1328408 Contractor shall at its own expense, repair, or replace all defective the equipment. 11.1.5. As part of its Warranty, Contractor shall provide a pool of spare cameras to be stored on-site at the City. The pool of spares shall be 3 percent of the total amount of cameras under contract. 11.2. Warranty Period & Enforcement The Warranty Period for all equipment, hardware and software of the System shall be valid for as long as the City pays the required annual fees for the Evidence.com Unlimited Licenses (which is inclusive of all the cost elements listed in Appendix 6, Price List) and commences upon date of delivery of equipment, hardware and software. The applications software and related software(if any) shall, during any Warranty Period, function properly under ordinary use and operate in conformance with Its Specifications and Documentation. During the Warranty Period, Contractor shall provide warranty service to City at no additional cost and will include all Services or replacement products or product media necessary to enable Contractor to comply with the foregoing warranty. Contractor shall pass through to City any manufacturers' warranties which Contractor receives on the System and, at City's request; Contractor shall enforce such warranties on City's behalf. 11.3. Warranty Against Infringement Contractor agrees to defend and indemnify City of all direct losses, costs and damages resulting from a determination that the product or software as supplied to City infringes any patent rights, copyrights or trademarks provided that: City promptly notifies Contractor in writing upon City becoming aware of existence of any such suit, action, proceeding threat; allows Contractor sole control of the defense and/or settlement thereof; and provides such reasonable cooperation as Contractor may require. In no event shall City consent to any judgment or decree or do any other act in compromise of any such claim without Contractor's express prior written consent. In no event will Contractor be liable for the payment of any amount agreed to in settlement without its express consent. In the event that City is enjoined from use of the product or software due to a proceeding based upon infringement of patent, copyright or trademark, Contractor shall, at its option, either: 11.3.1. Modify the product or software, at Contractor's expense, so it becomes non-infringing; 11.3.2. Replace the infringing product or software with equal non-infringing product or software, at Contractor's expense; 11.3.3. Procure, at Contractor's expense, the necessary permissions for the City j to continue using the product or software; or 11.3.4. Remove the product or software and refund the purchase price and transportation costs thereof, less a reasonable amount for depreciation. 11.4. Operability Contractor warrants that the Software does not contain any timers, counters, or preprogrammed devices that will cause the Software to become erased, inoperable, or incapable of processing in the manner as documented in the contract documents specified. j 3 Agreement for Body Worn Camera and Evidence Management System Page 7 of 15 1328408 11.5. Upgrades Contractor agrees to maintain the Software to operate on all compatible upgrades of the cloud hosted hardware product line and operations system used by City and described in more detail in Exhibit A, Section 13. 12. WARRANTIES 12.1. Prime Contractor Responsibility Contractor understands and accepts full responsibility for all requirements and deliverables defined in this Agreement. Contractor warrants it: 12.1.1. Has read and agrees with the specifications contained in the Scope of Services (Exhibit A); 12.1.2. Fully understands the facilities, difficulties, and restrictions attending performance of the services; and 12.1.3. Contractor agrees to inform City of any unforeseen conditions which will materially affect performance of the work within 45 days of the execution of this Agreement and shall not proceed until written instructions are received from City. 12.2. Authority to Make Agreement Contractor represents and warrants that Contractor has full right and authority to perform its obligations under this Agreement. City shall be entitled to use the System without disturbance. 12.3. Contractor Agreements with City Employees Neither Contractor nor any director, employee or agent of Contractor or its subcontractors or Contractors shall knowingly, without prior written notification thereof to City, enter into any business relationship with any employee or agent of City unless such person is acting for and on behalf of City. i 12.4. New Media Media upon which the Software is delivered to City: 12.4.1. Shall be new and shall be free from defects in manufacture and materials. 12.4.2. Shall be manufactured in a good and workmanlike manner using a skilled staff fully qualified to perform their respective duties. 12.4.3. Shall, during any Warranty Period, function properly under ordinary use and operate in conformance with the Specifications. 12.4.4. In the event that media on which any software application, or third-party application software is delivered is defective and cannot be read or utilized for its intended purpose by Contractor supplied or approved equipment, Contractor shall replace the defective media as soon as possible. Any delays occasioned by the failure of new media shall not be considered an excusable delay. i Agreement for Body Worn Camera and Evidence Management System Page 8 of 15 1328408 12.5. Specifications The Contractor's Software and related Software shall, during the warranty period, function properly under ordinary use and operate in conformance with this Specifications and Documentation. During the warranty period, Contractor will provide warranty service to City at no additional cost in accordance with the Warranty as provided in Section 11 (Representation and Warranties) and will include all Services or replacement products or product media necessary to enable Contractor to comply with the foregoing warranty. Contractor shall pass through to City any manufacturers'warranties which Contractor receives on the System and, at City's request, Contractor shall enforce such warranties on City's behalf. 13. PACKING AND SHIPPING OF GOODS 13.1. All goods shall be delivered "free on board destination" to the location specified herein, full freight prepaid except for special or expedited orders. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. City's order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by City shall be shipped in separate boxes or containers for each destination at no extra charge. 13.2. Title to and risk of loss on all goods shall pass to City only upon delivery by Contractor in the manner specified herein and City's acceptance of such goods. 14. TERMINATION I 14.1. Termination for Convenience City shall have the right to terminate this Agreement, without cause, by giving not j less than thirty (30)days written notice of termination. 14.2. Termination for Default If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. 14.3. Termination Authority The Director of Finance ("Director") is empowered to terminate this Agreement on behalf of City. 14.4. Consequences of Termination In the event of termination, Contractor shall deliver to City copies of all reports, documents, and other work performed by Contractor under this Agreement. In the event of termination for convenience and upon receipt of copies of all reports, documents, and other work performed by Contractor under this Agreement, City shall pay Contractor for services satisfactorily performed and reimbursable expenses properly incurred to the date of termination. i Agreement for Body Worn Camera and Evidence Management System Page 9 of 15 1328408 15. INDEMNIFICATION 15.1. Contractor shall defend, indemnify and hold harmless City, its officers, employees and agents against any claim, loss or liability arising out of or resulting in any way from work performed under this Agreement due to the willful or negligent acts (active or passive) or omissions by Contractor's officers, employees or agents. The acceptance of said services and duties by City shall not operate as a waiver of such right of indemnification. 15.2. Limitation of Liability • EXCEPT FOR FRAUD, MALICIOUS, WILLFUL OR INTENTIONAL ACTS INCLUDING THEFT, BREACHES OF CONFIDENTIALITY, OR PROPERTY DAMAGE, CONTRACTOR SHALL NOT BE LIABLE TO THE CITY FOR ANY f UNFORSEEABLE INDIRECT, PUNITIVE, OR INCIDENTAL DAMAGESCAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY OF THE PRODUCTS OR SERVICES RELATED TO THIS AGREEMENT HEREUNDER OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN. • EXCEPT FOR FRAUD, MALICIOUS, WILLFUL OR INTENTIONAL ACTS INCLUDING THEFT, BREACHES OF CONFIDENTIALITY, OR PROPERTY DAMAGE, IN NO EVENT SHALL CONTRACTOR'S TOTAL LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE PRODUCTS OR SERVICES FURNISHED, WHETHER BASED ON CONTRACT,WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER VALUE OF $10,000,000 OR TWO TIMES THE MAXIMUM VALUE OF THIS AGREEMENT,WHICHEVER AMOUNT IS GREATER AT THE TIME OF THE LOSS OR DAMAGE. • THERE SHALL BE NO LIMITATION OF LIABILITY FOR INFRINGEMENT OF INTELLECTUAL PROPERTY, PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. 16. CONFIDENTIAL AND PROPRIETARY INFORMATION 16.1. Confidentiality All data, documents, discussions or other information developed or received by or for Contractor in performance of this Agreement are confidential and must not be disclosed to any person except as authorized by City, or as required by law. 16.2. Ownership of Materials All reports, documents or other materials developed or discovered by Contractor or any other person engaged directly or indirectly by Contractor to perform Contractor's services are City's property without restriction or limitation upon their use. 16.3. Ownership of Data The City shall maintain ownership and control of the data throughout the contract period. Contractor shall have the right to use the data solely to perform services under the Agreement with the City. Contractor may not use the data, a subset of the data, and/or a summary of the data, or, cause or permit the data, a subset and/or a summary, to be used by any third party, outside the scope of the Agreement without the express written consent of the City. Contractor shall provide City with a copy of Agreement for Body Worn Camera and Evidence Management System Page 10 of 15 1328408 i the data in a mutually-agreed-upon format at regular intervals and at such additional times as the City deems appropriate. Contractor warrants that throughout all operational and maintenance activities the accuracy of the database will be preserved. 16.4. Enforcement The City and Contractor agree that damages are not adequate, and no adequate remedy at law exists for any threatened or actual disclosure or use of information by Contractor in violation of the provisions of this Agreement. Accordingly, Contractor consents to the entry of an injunction against threatened or actual disclosure or use of the information in violation of the provisions of this Agreement. 17. INSURANCE REQUIREMENTS Contractor agrees to have and maintain the policies set forth in Exhibit C, entitled "Insurance Requirements,"which is attached hereto and incorporated herein. All policies, endorsements, certificates and/or binders shall be subject to approval by the Risk Manager of the City of San Jose as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager. Contractor agrees to provide City with a copy of said policies, certificates and/or endorsements before work commences under this Agreement. 18. WAIVER Contractor agrees that City's waiver of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver of any other provision or a waiver of any subsequent breach or violation of the same or any other provision. City's acceptance of the performance of any of Contractor's services will not be a waiver of any provision of this Agreement. 19. INDEPENDENT CONTRACTOR Contractor, in the performance of this Agreement, is an independent contractor. Contractor shall maintain complete control over all of Contractor's employees, any subcontracting subcontractors, and Contractor's operations. Neither Contractor nor any person retained by Contractor may represent, act, or purport to act as the agent, representative or employee of City. Neither Contractor nor City is granted any right or authority to assume or create any obligation on behalf of the other. 20. COMPLIANCE WITH LAWS Contractor shall comply with all applicable laws, ordinances, codes and regulations (collectively, "laws") of the federal, state and local governments, including without limitation, any and all laws specified elsewhere in this Agreement. 21. CONFLICT OF INTEREST Contractor shall avoid all conflict of interest or the appearance of conflict of interest in performance of this Agreement. 22. NONDISCRIMINATION Contractor agrees that there shall be no discrimination against, or segregation of, any person, on account of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, national origin, marital status, or family status, in connection with or related to the performance of this Agreement. Agreement for Body Worn Camera and Evidence Management System Page 11 of 15 1328408 i 23. GIFTS 23.1. Prohibition on Gifts Contractor acknowledges that Chapter 12.08 of the San Jose Municipal Code prohibits City's officers and designated employees from accepting gifts as defined in Chapter 12.08. 23.2. No Offer Contractor agrees not to offer any City officer or designated employee any gift prohibited by Chapter 12.08. 23.3. Breach of Agreement Contractor's offer or giving of any gift prohibited by Chapter 12.08 will constitute a material breach of this Agreement. In addition to any other remedies City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 14 (Termination) of this Agreement. 24. DISQUALIFICATION OF FORMER EMPLOYEES Contractor is familiar with Chapter 12.10 of the San Jose Municipal Code ("Revolving Door Ordinance") relating to the disqualification of City's former officers and employees in matters which are connected with their former duties or official responsibilities. Contractor shall not utilize either directly or indirectly any officer, employee, or agent of Contractor to perform services under this Agreement, if in the performance of such services, the officer, employee, or agent would be in violation of the Revolving Door Ordinance. 25. CONTRACTOR'S BOOKS AND RECORDS 25.1. Maintenance during Term Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. 25.2. Maintenance after Term Contractor shall maintain all documents which demonstrate performance under this Agreement for a minimum period of three (3)years, or for any longer period required by law, from the date of termination or completion of this Agreement. 25.3. Inspection Any documents required to be maintained pursuant to this Agreement must be made available for inspection or audit, at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Contractor shall provide copies of such documents to City for inspection at City Hall when it is ? practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. i i Agreement for Body Worn Camera and Evidence Management System Page 12 of 15 1328408 I 25.4. Custody of Records Where City has reason to believe that any of Contractor's documents relating to this Agreement may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the Contractor's documents be given to City and that these documents be maintained in City Hall. City agrees to grant access to Contractor's documents to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest. 26. ASSIGNABILITY The parties agree that the expertise and experience of Contractor are material considerations for this Agreement. Unless specifically authorized by this Agreement, Contractor may not assign the performance of any obligation or interest under this Agreement without the prior written consent of City. Any attempt by Contractor to assign this Agreement, in violation of this Section, will be voidable at City's sole option. 27. SUBCONTRACTORS I 27.1. Authorized Subcontractors Notwithstanding Section 26 (Assignability) above, Contractor may use designated subcontractors approved in advance by City in performing Contractor's services. Contractor must obtain City's prior written consent in order to change or add subcontractors. Contractor shall be responsible for directing the work of the approved subcontractors and for any compensation due to subcontractors. City assumes no responsibility whatsoever concerning such compensation. i 27.2. Compliance with Agreement � Contractor shall ensure that Contractor's subcontractors comply with this Agreement. At City's request, Contractor shall require any or all of Contractor's subcontractors to sign an agreement with Contractor requiring compliance with this Agreement. i 28. GOVERNING LAW This Agreement must be construed--and its performance enforced--under California law. 29. JURISDICTION &VENUE In the event that suit is brought by either party to this Agreement, the parties agree that venue must be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California. Contractor further agrees that in the event of a lawsuit involving this Agreement is filed by City, Contractor will unconditionally accept the jurisdiction of a federal or state court located in Santa Clara County, California. 30. NOTICES ' All notices and other communications required or permitted to be given under this Agreement must be in writing and must be personally served, or mailed, postage prepaid via U. S. mail, or sent via courier service, addressed to the respective parties as follows: Agreement for Body Worn Camera and Evidence Management System Page 13 of 15 1328408 To City: City of San Jose Attention: Director of Finance 200 E. Santa Clara Street, 13th Floor San Jose, CA 95113 To Contractor: Taser International, Inc. 17800 North 85th Street Scottsdale, AZ 85255 Attention: Contracts Notice will be effective on the date personally delivered or if sent by courier service, on the date of receipt. If mailed, notice will be effective three (3) days after deposit in the mail. The parties may } change their respective addresses in accordance with the provisions of this Section. 31. MISCELLANEOUS 31.1. Survival of Provisions If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. ' 31.2. Assignment Subject to the provisions of Section 26 (Assignability) of this Agreement binds and inures to the benefit of the parties and their respective successors and assigns. 31.3. Headings The headings of the sections and exhibits of this Agreement are inserted for convenience only. They do not constitute part of this Agreement and are not to be I used in its construction. 31.4. Authority of Director of Finance Where this Agreement requires or permits City to act and no officer of the City is specified, City's Director of Finance or the designated representative of City's Director of Finance has the authority to act on City's behalf. i i i 1 Agreement for Body Worn Camera and Evidence Management System Page 14 of 15 1328408 City of San Jose APPROVED AS TO FORM: a municipal corporation A a .�.- Ros Tsongtaat ii By Senior Deputy City Attorney Name: Mark Gio nnetti Date: fo a xD Title: Deputy Director, Finance Date: 2-4 16 Taser International, Inc. "Contractor" a Delaware corporation authorized to conduct business in California By First Authorized Signature Name: Title: Date: 3� 2eo (e, By econd duKorized Signature Name: Title: Date: ,2s<.$ I I Agreement for Body Worn Camera and Evidence Management System Page 15 of 15 1328408 Exhibit A—Scope of Services The following Scope of Services ("Services") defines the principal activities and responsibilities of Taser International, Inc. ("Taser" or"Contractor") and the City of San Jose (hereinafter"City") for the implementation of the Body Worn Camera and Evidence Management System. The purpose of this Scope of Services is to document the implementation of a new Body Worn Camera ("BWC") and Evidence Management System ("EMS") (collectively known as "System")for the City of San Jose, including the scope of services, project activities and assumptions, project milestones and deliverables and the participation and responsibilities of Contractor and City staff. The Payment Schedule (Exhibit B) is based on the Project Milestones and Deliverables described in the Scope of Services. 1. OVERVIEW OF SERVICES 1.1. Contractor shall provide, deliver, and implement a Body Worn Camera and Evidence Management System consisting of hardware and software. 1.2. The System shall be a cloud-based Software-as-a Service (SaaS) solution hosted on Amazon Web Services ("AWS") and built around the following components: • Body Worn Cameras, including mounting equipment; • Axon Signal Units; • Docking Stations; • Evidence.com Evidence Management System, including mobile applications; • Evidence.com Computer Aided Dispatch (CAD)/Records Management System (RMS) Integration module; and • Unlimited Digital Evidence storage. 1.3. Contractor shall supply the expertise, management and full implementation services for the System, including: • Project initiation and management; • Equipment, hardware, software installation and integration; • Integration; • System testing; • Hardware and software training; • Placing into production use of the EMS; • Ongoing maintenance for equipment, hardware and software. 2. SYSTEM REQUIREMENTS 2.1. The System shall have law enforcement specific functionalities, and the System and its data shall run in Criminal Justice Information Service (CJIS) compliant facilities and support models. Agreement for Body Worn Camera and Evidence Management System Exhibit A-1 2.2. The System (hardware and software) shall be of the most recent release and the Contractor shall provide all hosting, software maintenance, and technical support services for the proposed solution throughout the term of the contract. i 2.3. The System shall adhere to the requirements as detailed in Appendix 1, "Hardware and System Specifications". 3. CONTRACTOR RESPONSIBILITIES 3.1. Project Manager("PM")—Contractor shall assign a Project Manager to serve as the primary contact for the project, and will take the lead role in overseeing and providing the services listed under Sections 8, 9 and 10 below. The PM will work closely with the City's Project Manager to ensure that all integrations, configurations and trainings are completed or scheduled prior to deployment. 3.1.1. The Contractor's Project Manager shall be available Monday through Friday (8:00 - 5:00 PST) except for holidays including designated points in time as specified in this Exhibit A. 3.2. Pre-Sales System Engineer—Contractor shall assign a Pre-Sales System Engineer to oversee all network/technical needs and integrations with the City's current systems (e.g. CAD/RMS integration, light bar activation, etc.). The Pre-Sales System Engineer will work in collaboration with the City's IT point of contact to assess current bandwidth, calculate the potential network impact of the Body Worn Camera System and develop ways to reduce network impact. The Pre-Sales System Engineer will also assist with calculating the exact network impact and development. 3.3. Professional Services Manager—Contractor shall assign a Professional Services Manager to assist with all aspects of training. 3.4. Regional Support Manager- Contractor shall assign a Regional Support Manager to act as a supplemental point of contact at Contractor's headquarters. 3.5. Contractor shall coordinate and oversee the installation of the System. 3.6. Contractor shall prepare draft Project Plan for review and approval by City. 3.7. Contractor shall resolve deviations from the Project Plan with timely cooperation by City. 3.8. Contractor shall prepare draft Test Acceptance Plan for review and approval by City. 3.9. Contractor shall maintain project communications with the City's Project Manager. 3.10. Contractor shall monitor the project to ensure that support resources are available as scheduled and as identified in the Agreement. 3.11. Contractor shall manage the efforts of the Contractor staff and coordinate Contractor activities with the City's Project Manager. 3.12. Contractor shall provide regular(e.g. daily or as required) phone conversations between the Contractor's Project Manager and the City's Project Manager until such time as both parties develop a mutually agreeable level of communication. Agreement for Body Worn Camera and Evidence Management System Exhibit A-2 i 3.13. Contractor shall participate in weekly meetings with the City's implementation team. Participation can be waived by mutual agreement. 3.14. Contractor shall provide timely responses to critical issues raised by the City's Project Manager. 3.15. Contractor shall prepare and submit project change proposals to the City's Project Manager as necessary for consideration and pre-approval for formal Change Order(s) as described in Section 7 of the Agreement. 4. CITY RESPONSIBILITIES 4.1. City Resources 4.1.1. The City will appoint a Project Manager, whom the Contractor's Project Manager will report to. 4.1.2. The City will provide system administration of the new system(s) once implemented and accepted. 4.2. Technical Tasks 4.2.1. City pays the cloud subscription fees; 4.2.2. City will procure the necessary software licenses as required; and 4.2.3. City, in conjunction with the Contractor, will perform acceptance testing of all software recommendations and installations. 4.3. Administrative Tasks City shall: 4.3.1. Facilitate all required logistics, including scheduling, room reservations, hardware, etc. needed for workshops and training; 4.3.2. Provide follow-up written comments to Contractor when necessary within three business days following review sessions; 4.3.3. Provide workshop/training facilities on-site. Contractor will be provided reasonable access to the training/workshop facilities, such as the building, room, and hardware; 4.3.4. Provide enterprise account privileges and passwords to Contractor as needed; and 4.3.5. Provide a work space and a computer when Contractor is working on-site. 4.4. Provision of Data: City shall: 4.4.1. Provide Contractor access to Intergraph CAD/RMS system, schema design, technical resources and available Application Programming Interface (API); Agreement for Body Worm Camera and Evidence Management System Exhibit A-3 4.4.2. Provide Contractor access to Versaterm RMS system, schema design, technical resource and available API. 5. INTEGRATION 5.1. Contractor shall provide an integration module that will allow the EMS to interact with CAD/RMS. 6.1.1. Integration module shall be used by City to automatically tag videos recorded on BWC's with a case ID, category and location. 5.1.2. Integration module shall allow users to auto-populate video met-data saved to the EMS based on data already contained in the City's CADIRMS. 6.2. City shall provide Contractor with access to the required computers, network systems, and CADIRMS solely for the purpose of performing the integration services. 5.3. Contractor shall perform integration services as described in Exhibit 1=, "Axon Integration Services". 6. SOFTWARE LICENSES 6.1. Evidence.com Plan Licenses 6.1.1. Contractor shall provide software licenses for the Evidence.com Unlimited application to the number of users set forth in Appendix 6, Price List, as may be amended. 6.1.2. Contractor shall provide licenses for the Evidence.com Standard application to the number of administrative users and/or users not provided a body worn camera set forth in Appendix 6, Price List, as may be amended. These licenses shall be at no additional charge. 6.1.3. Contractor shall provide licenses for the Evidence.com Pro application to the number of administrative users and/or users not provided a body worn camera set forth in Appendix 6, Price List, as may be amended. These licenses shall be at no additional charge. 6.1.4. The features included in each application shall be as described in Appendix 3, Evidence.com Plans. i 6.2. CAD/RMS Integration Licenses 6.2.1. Contractor shall provide licenses for the Evidence.com CADIRMS Integration application to the number of users set forth in Appendix 6, Price List, as may be amended. These licenses shall be at no additional charge. 6.3. If additional Evidence.com Unlimited licenses are required by the City, Contractor shall provide additional licenses at the rates listed in Exhibit B, Section 4. i I Agreement for Body Worn Camera and Evidence Management System Exhibit A-4 I 7. SCHEDULE 7.1. Contractor shall complete development, delivery, installation, training, testing and final acceptance for go-live date of no later than February 10, 2017, or seven months after this contract is signed by both parties, whichever is earliest. Notwithstanding the foregoing, the Parties agree the schedule and completion assumes timely response from the City. Contractor understands time is expressly made of the essence with respect to each and every task and related deliverables. 7.2. A preliminary Project Schedule is included in Exhibit A, Appendix B. Contractor will present a draft Project Schedule at the Project Kick-off. Following collaborative review by the City and Contractor, the Project Schedule will be updated by the Contractor's PM for approval by the City Project Manager. This initial Project Schedule will be used as a baseline for control of the project. Moving forward, based on the City approved changes, Contractor will be responsible for updates to the Project Schedule which will be one project control mechanism used to manage, track, and evaluate Contractor's performance. Contractor will work with the City Project Manager to identify all tasks, deliverables, and appropriate milestones where City information/activity is required and where timeline dependencies for subsequent Contractor activities exist within the Project Schedule. 8. IMPLEMENTATION -GENERAL Contractor shall provide implementation services for the Body Worn Camera and Evidence Management System, consisting of six (6) phases. These services include: 8.1. Participating in scheduled conference calls as required during the project implementation process; 8.2. Identifying configuration choices; 8.3. Participating in interface-related activities; 8.4. Fielding questions regarding system functionality, choices and new processes via phone and email; 8.5. Providing the required hardware, equipment and software; 8.6. Conducting training for the implementation team members; and 8.7. Developing training material and conducting Trainer-Training. 9. IMPLEMENTATION --PHASE 1 9.1. Phase 1 Overview Contractor shall: 9.1.1. Develop a project plan that outlines Phase 1 technical approach and methodology; 9.1.2. Hold project planning meetings with the City project team and obtain approval from City; 9.1.3. Set up communication with the City project team to resolve any issues found; Agreement for Body Worn Camera and Evidence Management System Exhibit A-5 i 9.1.4. Install and configure all necessary hardware and applications; and 9.1.5. Prepare and provide a Project status report at the completion of Phase 1. Contractor must obtain formal approval and signoff of each deliverable before moving to the next phase. City shall not unreasonably delay approval of deliverables. 9.2. Project Initiation and Planning Meeting Contractor will meet with the City's project management team to lead a Project Kickoff Meeting. Contractor will coordinate with City's project management team to schedule meeting and meeting logistics, including agenda and attending participants. The meeting shall also include a discussion of the following: 9.2.1. Introduction of team members and identification of project roles for Contractor and City; and 9.2.2. Review and discussion of the Project Plan (including key roles, workflows and processes). The Project Plan shall include the following: 9.2.2.1. User interface requirements; 9.2.2.2. Deployment requirements; 9.2.2.3. Operational requirements (including system administration, security, hosting, categories and retention policies); 9.2.2.4. Performance and scalability requirements; 9.2.2.5. Acceptance test criteria; and 9.2.2.6. Finalization of project planning items. 9.3. Solution Implementation Contractor will initiate solution implementation and testing for the Body Worn Camera and Evidence Management System after the respective requirements are accepted by the City. Key activities accomplished under this task include: 9.3.1. Delivery and configuration of body worn cameras in Phase 1. 9.3.2. EMS system set up and configuration • Setup Axon Mobile Application on CITY smart phones; • Setup Evidence.com CAD integration module; • Configure categories & custom roles based on City's needs; • Troubleshoot IT issues with Evidence.com and Axon Dock access; and • Contractor shall work with City to install Evidence Sync software on locked- down computers (if applicable). 9.3.3. Axon docking station installation Agreement for Body Worn Camera and Evidence Management System Exhibit A-6 i • Contractor shall work with City to decide ideal location of docking station j setup and set configurations on docking stations if necessary; • Contractor shall authenticate docking station with Evidence.com using "admin" credentials from City; • Contractor shall work with City to configure its network to allow for maximum bandwidth and proper operation within City's network environment; • Contractor shall provide enough docking stations to support the number of cameras provided (1 to 1 ratio). 9.3.4. Axon Signal unit installation • Contractor shall install Axon Signal units in City police vehicles; and • City shall decide which police vehicles, if any, shall have Signal units installed inside. 9.4. Training i 9.4.1. Contractor will develop training materials for the Body Worn Camera and Evidence Management System. 9.4.2. Contractor shall conduct training as described in Section 11 below. 9.5. End User Testing and Acceptance/Go-Live 9.5.1. Contractor shall conduct all end user testing in accordance with the test plan provided during implementation, including video capture tests, video download tests, etc., to ensure System meets the City's performance requirements. If the City does not notify Contractor within 7 days of the Acceptance Test that the System does not meet the requirements of the specifications, the System will be deemed accepted and City shall issue a Milestone and Deliverables Acceptance Form,Appendix 4 in accordance with Section 9.5.2 below. 9.5.2. System components will be deemed complete and accepted if they pass end user testing. The System shall be ready for deployment and operational use can be initiated after the following conditions are met. • User testing is complete and the City has provided written acceptance in the farm of a Milestone and Deliverables Acceptance Form, Appendix 4, and when applicable, a Final System Acceptance Certificate, Appendix 5 in accordance to Section 10 of the Agreement. • All necessary configuration tasks for the System have been completed. 9.6. Deliverables Contractor shall complete the following deliverables in each phase: 9.6.1. Provide and install Body Worn Cameras including: 8.4.1.1. Axon Body 2 Cameras; Agreement for Body Worn Camera and Evidence Management System Exhibit A-7 8.4.1.2. Axon Flex Cameras; 9.6.2. Provide and install mounting equipment for body worn cameras; 9.6.3. Provide and install docking stations; 9.6.4. Provide and install Axon Signal Units; 9.6.5. Implement Evidence.com Cloud services; • Evidence.com Evidence Management System • Evidence.com CAD/RMS Integration • Evidence.com Mobile Application • Digital Evidence storage i 9.6.6. Conduct user training on the new System implementation; 9.6.7. Develop Acceptance or Final Acceptance test plan; 9.6.8. Perform acceptance testing; and i 9.6.9. Obtain formal acceptance and sign off by City. I 10. IMPLEMENTATION - PHASES 2-6 � For Phases 2 through Phase 6, Contractor shall provide the following services: j 10.1. Contractor shall provide implementation services as described in Sections 9.3, 9.4, and 9.5 I above. j 10.2. Contractor shall provide deliverables as described in Section 9.6 above. 10.3. For Phases 2-6, Contractor shall deliver body worn cameras to the City at the beginning of each Phase, as follows. 10.3.1.Phase 2—number of cameras as specified in Appendix 2, Preliminary Project Schedule, as may be amended; 10.3.2. Phase 3— number of cameras as specified in Appendix 2, Preliminary Project Schedule, as may be amended; 10.3.3. Phase 4— number of cameras as specified in Appendix 2, Preliminary Project Schedule, as may be amended; 10.3.4. Phase 5- number of cameras as specified in Appendix 2, Preliminary Project Schedule, as may be amended; and 10.3.5. Phase 6 - number of cameras as specified in Appendix 2, Preliminary Project Schedule, as may be amended. I i Agreement for Body Worn Camera and Evidence Management System Exhibit A-8 i i i 10.4. Phase 6 Final Go-Live and Final System Acceptance 10.4.1.At the conclusion of Phase 6, City and Contractor shall initiate final go-live and final system acceptance process. i 10.4.2.A 45-day Post Go-Live period shall commence upon Go-Live of the System. Contractor shall provide Post Go-Live warranty/support for forty-five (45)calendar days of which 5 days will be on-site support to correct any defects that are identified during the go-live period. 10.4.3. During the 45-day Post Go-Live period, Contractor shall repair System malfunctions E at no additional cost. In addition, Contractor shall conduct continuous System Acceptance together with City Staff and assist the City throughout the Post Go-Live phase to identify and respond to any needs and concerns to ensure a smooth transition to support. 10.4.4.Final System Acceptance: After the 45 days of post go-live warranty/support and the City is satisfied with all test results and all previously identified issues are resolved, the City shall proceed with the execution of the Final System Acceptance Certificate, Appendix 5. 10.4.5.Contractor understands that final acceptance and final payment shall be given only when all tests in the acceptance test plan are performed without error and the System has been operationally and error free for 45 days, and System users are fully trained. i 11. TRAINING I 11.1. Contractor shall provide on-site training for hardware and software for City Staff during each phase of implementation, including: 11.1. 'Train-the-Trainer' level coursework for up to thirty (30) students. This training shall provide the students the ability to adequately equip an end user with sufficient knowledge to properly operate and utilize the body worn cameras and EMS. 11.1.2. Advanced Training coursework for up to ten (10) administrative users in areas related to technical support and video management. The training should at a minimum focus on the areas related to the EMS operating system, use and assigning of the equipment, maintenance, troubleshooting, changing of components in need of repair, account management, video management, video redaction and video security. j 11.2. Trainings shall include but not be limited to the following: Onsite in person and/or seminar training, online/intranet interactive and pre-recorded training. 11.3. Contractor will provide training materials to City that are customized to reflect City's business processes. 11.4. All material and manuals necessary, including electronic versions,to perform the required training shall be furnished by the Contractor. 11.5. The Contractor shall authorize the City to utilize the material in future training sessions. Agreement for Body Worn Camera and Evidence Management System Exhibit A-9 i 11.6. If necessary, Contractor shall align user trainings with officers' shift schedules, in order to minimize disruption in City's daily functions. 11.7. Contractor shall provide a description of a training plan and schedule. 11.8. If further training is needed, Contractor shall provide training at the rate listed in Exhibit B, Section 5. 12. CUSTOMER SERVICE AND SUPPORT 12.1. Contractor shall provide on-going support (telephone, online, email and remote-location troubleshooting)for the System. 12.2. Contractor's Technical Support staff shall be available Monday through Friday from 7:00 AM until 5:00 PM Mountain Standard Time. Critical Incident/ Emergency assistance shall be available 24/7. i 12.3. Contractor shall provide the 3-tiered Technical Support system as described below. 12.3.1.Tier 1: Technical Support—General how-to questions j • Frequently asked questions (FAQs) • Product navigation I • Feature clarification • Standard queries • Assistance with known solutions 12.3.2.Tier 2: Technical Support—Advanced Issues • Advanced product troubleshooting • Advanced Evidence.com configuration j • Any escalated issues from Tier 1 support 12.3.3.Tier 3: Technical Support— Critical Issues • Critical problem or recurring problems rendering the product inoperable or requiring workarounds, bug fixes, testing and/or simulation. 12.4. For each tier, Contractor shall respond to technical inquiries within one (1) business day. 13. UPGRADES AND ENHANCEMENTS i 13.1. Contractor will provide all upgrades and enhancements, as defined herein, at no additional charge during the term of this Agreement. i 13.2. For purposes of this Agreement, the terms"upgrades" and "enhancements"shall include without limitation any and all releases that have the following functions and purposes: (i) j implementing correction of System (or component application) errors or malfunctions; (ii) adding new System features, functions and performance capabilities, including modifications designed to meet federal, state and legally mandated requirements; and (iii) changing the intellectual property contained in the programs. Agreement for Body Worn Camera and Evidence Management System Exhibit A-10 I ! i I 13.3. Any major updates or upgrades will be made only upon Parties mutual agreement, with consideration to potential to breaking customization programming, integrations or coding. Upon a major software release, Contractor will provide support for two major releases behind the current release. Contractor shall provide a recommendation to City as to which software i version to use. 13.4. Contractor shall provide to City documentation describing the functions, features, and performance capabilities that have been modified by the updates, enhancement and/or release notes, and shall give City adequate notice of the availability of each updates or enhancement by email within five (5) days of its publication. 13.6. Hardware Upgrades 13.5.1. Contractor shall upgrade body worn cameras and docking stations, free of charge, every 2.5 years under this Agreement. 13.5.2. Upgraded cameras and docking stations shall be for the most recently released model. 14. WARRANTY 14.1. Per Section 11.2 of the Agreement, the Warranty Period shall commence upon Final System Acceptance. 15. DISASTER RECOVERY 15.1. Contractor shall provide a system for disaster recovery in the Western Region of the United States (i.e. Oregon). 15.2. The System and all data shall be replicated between two data centers. In the event of a disaster, the system will fail over automatically to the secondary site and provide uninterrupted service to the System. 15.3. The EMS will be scaled up to the specifications of the full system as quickly as possible, as but no longer than 24 hours from the failure 16. EXIT STRATEGY 16.1. The City will own the video/data contained in the System and upon Agreement expiration and/or termination of the Agreement, Contractor shall provide all video/data to the City in format that is compatible with the City's enterprise database platform. 16.2. Upon Agreement expiration and/or termination of the Agreement, Contractor shall not delete any of the City's video/data for a period of ninety (90) days. The Contractor shall work with the City to allow City to retrieve its video/data during the ninety-day period without incurring any additional fees. After the ninety-day period, Contractor will delete any City content remaining in the System, unless legally prohibited, and will confirm such deletion in writing. Agreement for Body Worn Camera and Evidence Management System Exhibit A-11 i Appendix 1 —Hardware and System Specifications 1. HARDWARE 1.1. Body Worn Cameras 1.1.1. Contractor shall provide Axon Body 2 body worn cameras to the City of San Jose ("City"). 1.1.1.1. City shall have the option to use the Axon Flex body worn cameras at no additional charge. 1.1.2. Cameras worn by officers shall be lightweight, not to exceed six ounces in total combined weight. 1.1.3. Cameras shall have minimal wiring, not to exceed two wires or cables. 1.1.4. Cameras shall have recording capability of at least ten (10) continuous hours. 1.1.5. Cameras shall have a stand-by battery life of twelve (12) hours without having to recharge or use additional batteries. 1.1.6. The camera lens shall have a field of view of at least 60 degrees. 1.1.7. The recording speed of the cameras shall be no less than 30 frames per second (fps). 1.1.8. Cameras shall record video images in full color with a minimum resolution of 640 pixels x 480 pixels. 1.1.9. Cameras shall have a pre-event buffer of at least 30 seconds. 1.1.10. Cameras shall have multiple mounting options to accommodate varying uniformed officers, plain-clothed officers, and tactical field situations. Examples include, but are not limited to, lapel, shoulder, eyeglasses, cap, helmet, holster, button shirt, j zipper shirt, utility belt, etc. i 1.1.11.Cameras shall provide clear indication to user when activated, either via a visual indicator or audible tone. 1.1.12.Cameras shall have an indicator that shows current operating mode. 1.1.13.Cameras shall automatically embed date and time stamp in the recorded video. Dates and time stamps shall sync with the atomic clocks at the National Institute of Standards and Technology (NIST). 1.1.14.Cameras shall prevent users from deleting recorded files without authorization. 1.1.15.Cameras shall have a method for adding desired metadata to video in the field prior to upload. 1.1.16.Video captured by cameras shall be exportable in a standard, open format, such that it can be replayed in freely available software without processing or conversion. Agreement for Body Worn Camera and Evidence Management System Exhibit A,Appendix 1-1 1.1.17.Cameras shall have wireless activation features. 1.1.17.1.Cameras shall be compatible with Axon Signal Units. 1.1.18. Cameras should not cause electromagnetic interference with nearby airwave radios (and other electronic equipment and radio communication systems). 1.1.19.Loss of power to the camera shall not cause data to be lost or corrupted. 1.1.20. Cameras will be ruggedized. Cameras shall be able to survive a six-foot drop test. Cameras shall be able to operate at minimum temperature of-4 degrees Fahrenheit and a maximum temperature of 122 degrees Fahrenheit. 1.1.21.Contractor shall provide a pool of spare cameras to be stored on-site at the City. The pool of spares shall be 3 percent of the total amount of cameras under contract. i 1.1.22.The Axon Body 2 cameras shall have an Ingress Protection (IP) rating of at least IP67. The Axon Flex cameras shall have an IP rating of at least IPx2. 1,1.23. Cameras shall have features in place to prevent accidental activation by the user without the need for accessories or alteration of equipment by user. 1.1.24. If additional body worn cameras are required by the City, Contractor shall provide additional cameras at the rates listed in Exhibit B, Section 4. 1.2. Docking Stations 1.2.1. The Contractor shall provide docking stations capable of uploading digital evidence from multiple cameras simultaneously. 1.2.2. Contractor shall provide enough docking stations to support the number of cameras provided (1 to 1 ratio). 1.2.3. Docking stations shall automatically upload digital evidence to the EMS from the cameras. I 1.2.4. The docking stations shall charge the cameras' batteries, securely transfer files without loss of quality or metadata, and delete the files from the cameras once transferred to the EMS. 1.Z5. The docking stations shall not require a department computer to operate, connect or interface with the Internet (e.g. the multi-dock station should be a standalone device that connects to the cloud storage solution via an Ethernet connection). 1.3. Axon Signal Units j 1.3.1. Contractor shall provide Axon Signal units which shall provide for wireless activation of body worn cameras. 1.3.2. Axon Signal units shall be installed in City's police vehicles at City's sole option. 1.3.3. When Axon Signal unit is installed in an officer's vehicle, camera will automatically turn on with vehicle light bar activation or other in-car triggers. Agreement for Body Worn Camera and Evidence Management System Exhibit A, Appendix 1-2 1.3.4. Signal units shall operate over Bluetooth low energy. 1.3.6. Signal units shall have a Bluetooth signal reach of up to thirty(30)feet. I 1.3.6. Signal units shall have power and status LED lighting to indicate unit functioning. 2. EVIDENCE MANAGEMENT SYSTEM 2.1. The EMS shall be an externally hosted, cloud-based data storage solution with the capability of organizing and managing video and other digital evidence and be accessible via the internet to multiple users simultaneously. 2.2. EMS shall not require local storage infrastructure. 2.3. EMS shall be compatible with and allow for remote access with complete functionality with City mobile devices and computers. 2.4. EMS shall be compatible with at least Windows 7 Professional Operating System or more recent versions) and Internet Explorer Version 11 web browser or more recent version(s). 2.6. EMS shall allow for on-scene (in the field) viewing, using Evidence.com mobile application. 2.6. EMS shall allow officers to enter additional metadata to recorded files, such as notes or comments. 2.7. EMS shall provide an automatic audit trail for when files and other digital evidence are accessed. Audit trail shall record users who have viewed and copied video to an external source (e.g. DVD/long term storage). 2.8. Once video data has been uploaded to EMS, there shall be no buffering time before video files are accessible in the EMS. 2.9. EMS shall support all major digital file types (avi, jpeg, mpeg, etc.). 2.10. EMS shall provide remote viewing of the stored video files based on the permissions granted by the System Administrator. 2.11. The EMS shall provide automatic indexing functionality of video files and be capable of interfacing with existing computer-aided dispatch (CAD) Contractor, Intergraph 1/CAD by Hexagon Safety and Infrastructure. 2.12. Upon completion of upload, digital evidence shall be immediately be available for search. 2.13. EMS shall allow authorized users to search video files by name, date of recording, date of upload, case number(CAD-generated), device number, as well as categorize and add notes to each file within the system. i 2.14. EMS shall allow users to search for files based on multiple metadata fields. 2.16. EMS shall allow System Administrators the ability to grant access of specific files to specified persons for a specific period of time. 2.16. EMS shall allow System Administrators the ability to set variable retention rules per City preferences. Agreement for Body Worn Camera and Evidence Management System Exhibit A, Appendix 1-3 2.17. EMS shall allow users with reporting permissions to generate reports showing EMS utilization. 2.18. EMS shall have the ability to share files internally and externally via secure links over the internet. 2.19. EMS shall have the ability to set time tables for automatic deletions of files. EMS shall send System Administrators emailed notifications when evidence files are about to be deleted. 2.20. EMS shall send System Administrators notifications when users need their credentials reset due to failed log on attempts. 2.21. EMS shall have the ability to recover deleted evidence within a minimum of seven (7) days of deletion. 2.22. EMS shall have the ability to preserve the raw file without editing. 2.23. EMS shall securely store all videos and recordings in a way that only City-authorized users and users authorized by City can view. 2.24. EMS shall provide redundant, security back-up of all data. 2.25. EMS shall offer video redaction capabilities, including auto-redaction capabilities, to include high-movement and low light video. 2.26. EMS shall offer users the ability to send email messages from hosted solution interface to end users. 3. DIGITAL EVIDENCE STORAGE i 3.1. EMS shall include a cloud-based storage solution that is highly scalable. 3.2. Cloud storage solution shall allow for unlimited storage for digital evidence uploaded from Axon body worn cameras. 3.3. For the purposes of this Agreement, digital evidence shall be defined as data, text, video, audio, and capture (images) uploaded to the EMS. 3.4. The cloud storage solution shall have the ability to download video from multiple camera units simultaneously. 3.5. The cloud storage solution shall allow for a two-tier storage capacity for active ("hot") storage and archival ("cold") storage needs as defined by the City. 3.6. Cloud storage solution shall provide the City with the ability to export/download and migrate original recordings with all metadata to other storage options, i.e. local storage or a local digital evidence management system, after a set time period for archival ('cold') storage as determined by the City. 3.7. Contractor shall respond to requests to pull data from "cold" cloud storage within twenty-four (24) hours. Agreement for Body Worn Camera and Evidence Management System Exhibit A, Appendix 1-4 4. SYSTEM SECURITY 4.1. The EMS shall meet the minimal security requirements for the Federal Bureau of Investigation's (FBI) Criminal Justice Information Services (CJIS) Policy. In particular, the EMS shall comply with Policy Areas 2 through 13 in Section 5 of the CJIS Policy. The CJIS Policy can be viewed by accessing the following link. https://www.fbi.gov/about-us/cjis/cjis-security.policy-resource-center 4.2. The City may verify that Contractor is in compliance with CJIS by requesting a compliance audit of Contractor's technology deployment through the CJIS Systems City to the Federal Bureau of Investigation (FBI). The FBI CJIS Division shall perform the requested audit to verify compliance. 4.3. System shall comply fully with all required security certifications including but not limited to: • Federal Information Processing Standards (FIPS) Publication 140-2; I • Federal Information Security Management Act (FISMA); • Federal Risk and Authorization Management Program (FedRAMP); • International Organization for Standardization (ISO) 27001. 4.4. Cameras shall have security standards in place to prevent data from being accessed in the event a camera is lost or stolen. 4.6. EMS shall provide user authentication with a unique username and password. 4.6. EMS will allow for authorized users to be established based on various roles and permissions by the System Administrator. 4.7. EMS will offer optional IP access restriction and security challenge questions upon access from an unknown or previously used location. 4.8. EMS shall provide a non-technical means for field personnel to remotely view stored video without altering original file (other than applying metadata to file). 4.9. Any access to stored video shall be maintained in an automatic log or audit trail showing users that have viewed, shared or copied video to an external source (e.g. CD/DVD, local storage, etc.), and the audit trail should be capable of being exported. 4.9.1. Log activities performed by specific user ID, IP address and time/date stamp all activities. 4.10. System Administrators shall have the ability to administratively manage accounts and assign rights and permissions to system users. 4.11. EMS shall provide ability to set an unsuccessful access attempt limit and suspend IDs after reaching the unsuccessful access threshold. 4.12. EMS shall provide ability to send alerts to System Administrators for unauthorized access attempts. 4.13. EMS shall enable automatic logoff of ID after a defined period of session inactivity, and perform subsequent re-log-on password authentication. Agreement for Body Worn Camera and Evidence Management System Exhibit A, Appendix 1-5 4.14. EMS shall provide ability to configure password parameters such as password lengths, user access to expiration settings and other behaviors, enabling alphanumeric characters, etc. 4.15. EMS shall provide ability to lock out user or group ID. 4.16. System Administrators shall have the ability force City-wide password resets. 4.17. EMS shall have the ability to limit concurrent sessions. 4.18. EMS shall have the ability to log changes to administrative functions. 5. INFORMATION SECURITY 5.1. Contractor shall encrypt transmission of confidential data when transferred through publicly accessible networks such as the internet. 5.2. Contractor shall ensure all transmission of information data files are transferred through a Secure Socket Layer(SSL), which creates a 128 bit encrypted connection which is password protected. All data files that are on Contractor's servers are encrypted once they have completed the upload and pre-process procedures. 5.3. All input data transmitted across public networks (all networks other than the City's) shall be encrypted during transit and decrypted electronically during processing to produce non- confidential output data. The decrypted data shall not be accessible by Contractor's employees unless otherwise limited on a "need to know" basis as determined by the San Jose Police Department designee. 6.4. The System shall have a host-based firewall technology preventing inappropriate/ unauthorized access including the following features. 5.4.1. All intrusion detection system monitoring for unauthorized access attempts; 5.4.2. Must run anti-virus software; 5.4.3. Monitor daily logs for potential intrusions, file integrity; 5.4.4. Only allow access by uniquely assigned and auditable IDs; 5.4.6. All data transfers and administrative access must be in an encrypted format. Agreement for Body Worn Camera and Evidence Management System Exhibit A, Appendix 1-6 Appendix 2—Preliminary Project Schedule San Jose Axon Project I ID Task Name Start Finish Resource INames 1 CITY Axon Project Fri 7/1/16 Wed 2 Phase 1 Fri 7/1/16 Tue 8/2/16 j 3 Swap Test Units For Production Units & Fri 7/1/16 Fri 7/1/16 CITY,TASER Deploy 4 Configuration Tasks Mon 7/4/16 Fri 7/8/16 CITY,TASER 5 Draft Deployment Plan created Mon 7/4/16 Tue 7/5/16 CITY,TASER 6 Site survey for ETM installation, Mon 7/4/16 Mon 7/4/16 CITY,TASER test bandwidth 7 ETM registration and configuration Mon 7/4/16 Tue 7/5/16 CITY,TASER 8 Install and test E.com Docks Mon 7/4/16 Tue 7/5/16 CITY,TASER 9 Evidence.com Setup (Roles & Mon 7/4/16 Mon 7/4/16 CITY,TASER Permissions, Categories) 10 Create user accounts in Evidence.com Wed 7/6/16 Wed 7/6/16 TASER I 11 Inventory, assign,test all Axon devices Wed 7/6/16 Thu 7/7/16 CITY,TASER 12 Draft video police created (If needed) Mon 7/4/16 Fri 7/8/16 CITY 13 Install AXON Mobile & Evidence Mobile Mon 7/4/16 Mon 7/4/16 CITY,TASER App (Done at the time of training) 14 Install MDT Application (SYNC) (Can be Mon 7/4/16 Mon 7/4/16 CITY,TASER done at the time of training, IT needed) 15 EVIDENCE.COM Training Tue 7/12/16 Wed 7/13/16 CITY,TASER 16 Evidence.com Super User Training SessionTue 7/12/16 Tue 7/12/16 TASER 1 17 Evidence.com Super User Training Wed 7/13/16 Wed 7/13/16 TASER Session 2 (Optional) 18 Train The Trainer Tue 7/12/16 Tue 7/12/16 TASER 19 Evidence Tech Training Wed 7/13/16 Wed 7/13/16 TASER 20 Phase 1 Department Go Live Rollout Thu 7/14/16 Tue 8/2/16 CITY,TASER (328 cameras) 21 Week 1 Training Thu 7/14/16 Sat 7/16/16 22 Gear Fit and Training (2-3 shifts, Thu 7/14/16 Thu 7/14/16 CITY,TASER 30 cameras deploved) 23 Gear Fit and Training (2-3 shifts, Fri 7/15/16 Fri 7/15/16 CITY,TASER 20 cameras deployed) Page 1 Agreement for Body Worn Camera and Evidence Management System Exhibit A, Appendix 2-1 San Jose Axon Project ID Task Name Start Finish Resource Names 24 Gear Fit and Training(2-3 shifts, Sat 7/16/16 Sat 7/16/16 CITY,TASER 36 cameras deploved) 25 Week 2 Training Tue 7/19/16 Sat 7/23/16 26 Gear Fit and Training(2-3 shifts, Tue 7/19/16 Tue 7/19/16 CITY,TASER 20 cameras deploved) 27 Gear Fit and Training (2-3 shifts, Wed 7/20/16 Wed 7/20/16 CITY,TASER 30 cameras deploved) 28 Gear Fit and Training (2-3 shifts, Thu 7/21/16 Thu 7/21/16 CITY,TASER 20 cameras deploved) 29 Gear Fit and Training(2-3 shifts, Fri 7/22/16 Fri 7/22/16 CITY,TASER 40 cameras deploved) 30 Gear Fit and Training(2-3 shifts, Sat 7/23/16 Sat 7/23/16 CITY,TASER 20 cameras deploved) 31 Week 3 Training Sun 7/24/16 Sat 7/30/16 32 Gear Fit and Training(2-3 shifts, Sun 7/24/16 Sun 7/24/16 CITY,TASER 10 cameras deploved) 33 Gear Fit and Training(2-3 shifts, Tue 7/26/16 Tue 7/26/16 CITY,TASER 25 cameras deploved) 34 Gear Fit and Training (2-3 shifts, Wed 7/27/16 Wed 7/27/16 CITY,TASER 15 cameras deploved) 35 Gear Fit and Training (2-3 shifts, Thu 7/28/16 Thu 7/28/16 CITY,TASER 12 cameras deploved) 36 Gear Fit and Training (2-3 shifts, Fri 7/29/16 Fri 7/29/16 CITY,TASER 20 cameras deploved) 37 Gear Fit and Training (2-3 shifts, Sat 7/30/16 Sat 7/30/16 CITY,TASER 30 cameras deploved) 38 Phase 1 Go Live Complete (328 Cameras) Sat 7/30/16 Sat 7/30/16 39 Post Deployment Meeting Sat 7/30/16 Sat 7/30/16 CITY,TASER 40 41 Phase 2 Sun 7/31/16 Thu 9/1/16 42 Configuration Tasks Mon 7/18/16 Fri 7/22/16 CITY,TASER 43 Site survey for ETM installation, Mon 7/18/16 Mon 7/18/16 CITY,TASER test bandwidth 44 ETM registration and configuration Tue 7/26/16 Wed 7/27/16 CITY,TASER 45 Install and test E.com Docks Thu 7/21/16 Fri 7/22/16 CITY,TASER 46 Create user accounts in Evidence.com Thu 7/21/16 Thu 7/21/16 TASER 47 Inventory, assign,test all Axon devices Mon 7/25/16 Tue 7/26/16 CITY,TASER Page 2 I Agreement for Body Worn Camera and Evidence Management System Exhibit A, Appendix 2-2 San Josd Axon Project ID Task Name Start Finish Resource [Names 48 Install AXON Mobile & Evidence Mobile Mon 7/25/16 Mon 7/25/16 CITY,TASER App (Done at the time of training) 49 Install MDT Application (SYNC) (Can be Mon 7/25/16 Mon 7/25/16 CITY,TASER done at the time of training, IT needed) 50 Phase 2 Department Go Live Rollout Sun 7/31/16 Thu 9/1/16 CITY,TASER (295 cameras) 51 Week 1 Training Sun 7/31/16 Sat 8/6/16 52 Gear Fit and Training(2-3 shifts, Sun 7/31/16 Sun 7/31/16 CITY,TASER 16 cameras deploved) 53 Gear Fit and Training (2-3 shifts, Mon 8/1/16 Mon 8/1/16 CITY,TASER 30 cameras deploved) 54 Tue 8/2/16 Tue 8/2/16 CITY,TASER Gear Fit and Training (2-3 shifts, 10 cameras deploved) 55 Gear Fit and Training (2-3 shifts, Wed 8/3/16 Wed 8/3/16 CITY,TASER 15 cameras deploved) 56 Gear Fit and Training (2-3 shifts, Thu 8/4/16 Thu 8/4/16 CITY,TASER 10 cameras deploved) 57 Gear Fit and Training (2-3 shifts, Fri 8/5/16 Fri 8/5/16 CITY,TASER 20 cameras deploved) 58 Gear Fit and Training (2-3 shifts, Sat 8/6/16 Sat 8/6/16 CITY,TASER 10 cameras deploved) 59 Week 2 Training Mon 8/8/16 Fri 8/12/16 60 Gear Fit and Training (2-3 shifts, Fri 7/8/16 Fri 7/8/16 CITY,TASER 30 cameras deploved) 61 Gear Fit and Training(2-3 shifts, Tue 8/9/16 Tue 8/9/16 CITY,TASER 12 cameras deploved) 62 Gear Fit and Training(2-3 shifts, Wed 8/10/16 Wed 8/10/16 CITY,TASER 20 cameras deploved) 63 Gear Fit and Training(2-3 shifts, Thu 8/11/16 Thu 8/11/16 CITY,TASER 10 cameras deploved) 64 Gear Fit and Training(2-3 shifts, Fri 8/12/16 Fri 8/12/16 CITY,TASER 10 cameras deploved) 65 Week 3 Training Mon 8/8/16 Fri 8/12/16 66 Gear Fit and Training(2-3 shifts, Mon 8/8/16 Mon 8/8/16 CITY,TASER 30 cameras deploved) 67 Gear Fit and Training(2-3 shifts, Tue 8/9/16 Tue 8/9/16 CITY,TASER 12 cameras deploved) 68 Gear Fit and Training(2-3 shifts, Wed 8/10/16 Wed 8/10/16 CITY,TASER 20 cameras de to ed i Page 3 Agreement for Body Worn Camera and Evidence Management System Exhibit A, Appendix 2-3 San Josd Axon Project ID Task Name Start Finish Resource Names 69 Gear Fit and Training(2-3 shifts, Thu 8/11/16 Thu 8/11/16 CITY,TASER 10 cameras deploved) 70 Gear Fit and Training (2-3 shifts, Fri 8/12/16 Fri 8/12/16 CITY,TASER 10 cameras deploved) 71 Week 4 Training Sun 8/14/16 Thu 8/18/16 72 Gear Fit and Training(2-3 shifts, Sun 8/14/16 Sun 8/14/16 CITY,TASER 10 cameras deploved) 73 Gear Fit and Training(2-3 shifts, Mon 8/15/16 Mon 8/15/16 CITY,TASER 10 cameras deploved) 74 Gear Fit and Training (2-3 shifts,8 Tue 8/16/16 Tue 8/16/16 CITY,TASER cameras deploved) 75 Gear Fit and Training (2-3 shifts, 8 Wed 8/17/16 Wed 8/17/16 CITY,TASER cameras deploved) 76 Gear Fit and Training(2-3 shifts, 8 Thu 8/18/16 Thu 8/18/16 CITY,TASER cameras deploved) 77 Week 5 Training Tue 8/30/16 Thu 9/1/16 78 Gear Fit and Training(2-3 shifts,8 Tue 8/30/16 Tue 8/30/16 CITY,TASER cameras deploved) 79 Gear Fit and Training (2-3 shifts,8 Wed 8/31/16 Wed 8/31/16 CITY,TASER cameras deploved) 80 Gear Fit and Training (2-3 shifts, 8 Thu 9/1/16 Thu 9/1/16 CITY,TASER cameras deploved) 81 Phase 2 Go Live Complete(295 Thu 9/1/16 Thu 9/1/16 Cameras) 82 Post Deployment Meeting Thu 9/1/16 Thu 9/1/16 CITY,TASER 83 Phase 3 Thu 9/1/16 Wed 9/28/16 84 Configuration Tasks Thu 9/1/16 Wed 9/7/16 CITY,TASER 85 Site survey for ETM installation, Thu 9/1/16 Thu 9/1/16 CITY,TASER E test bandwidth i 86 ETM registration and configuration Tue 9/6/16 Wed 9/7/16 CITY,TASER i 87 Install and test E.com Docks Mon 9/5/16 Tue 9/6/16 CITY,TASER 88 Create user accounts in Evidence.com Mon 9/5/16 Mon 9/5/16 TASER I 89 Inventory, assign, test all Axon devices Mon 9/5/16 Tue 9/6/16 CITY,TASER Page 4 I i Agreement for Body Worn Camera and Evidence Management System Exhibit A, Appendix 2-4 I San Josd Axon Project ID Task Name Start Finish Resource Names 90 Install AXON Mobile& Evidence Mobile Mon 9/5/16 Mon 9/5/16 CITY,TASER App (Done at the time of training) 91 Install MDT Application (SYNC) (Can be Mon 9/5/16 Mon 9/5/16 CITY,TASER done at the time of training, IT needed) 92 Phase 3 Department Go Live Rollout Mon 9/12/16 Fri 10/28/16 CITY,TASER (90 cameras) 93 Week 1 Training Mon 9/12/16 Wed 9/14/16 94 Gear Fit and Training (1 shift, 10 Mon 9/12/16 Mon 9/12/16 CITY,TASER cameras deoloved) 95 Gear Fit and Training(1 shift, 10 Tue 9/13/16 Tue 9/13/16 CITY,TASER cameras deoloved) 96 Gear Fit and Training(1 shift, 10 Wed 9/14/16 Wed 9/14/16 CITY,TASER cameras deoloved) 97 Week 2 Training Mon 9/19/16 Wed 9/21/16 98 Gear Fit and Training(1 shift, 10 Mon 9/19116 Mon 9/19/16 CITY,TASER i cameras deoloved) 99 Gear Fit and Training(1 shift, 10 Tue 9/20/16 Tue 9/20/16 CITY,TASER cameras deoloved) 100 Gear Fit and Training (1 shift, 10 Wed 9/21/16 Wed 9/21/16 CITY,TASER cameras deoloved) 101 Week 3 Training Mon 9/26/16 Wed 9/28/16 102 Gear Fit and Training (1 shift, Mon 9/26/16 Mon 9/26/16 CITY,TASER 10 cameras deployed) i 103 Gear Fit and Training(1 shift, Tue 9/27/16 Tue 9/27/16 CITY,TASER j 10 cameras deployed) 104 Gear Fit and Training(1 shift, Wed 9/28/16 Wed 9/28/16 CITY,TASER 10 cameras deployed) l I 105 Phase 3 Go Live Complete (90 Wed 9/28/16 Wed 9/28/16 Cameras) 106 Post Deployment Meeting Wed 9/28/16 Wed 9/28/16 CITY,TASER I 107 Phase 4 Sat 10/1/16 Thu 10/27/16 i I I Page 5 Agreement for Body Worn Camera and Evidence Management System Exhibit A,Appendix 2-5 I I I San Josd Axon Project ID Task Name Start Finish Resource Names 108 Configuration Tasks Sat 10/1/16 Thu 10/6/16 CITY,TASER 109 Site survey for ETM installation, Mon 10/3/16 Mon 10/3/16 CITY,TASER test bandwidth 110 ETM registration and configuration Tue 10/4/16 Wed 10/5/16 CITY,TASER 111 Install and test E.com Docks Wed 10/5/16 Thu 10/6/16 CITY,TASER 112 Create user accounts in Evidence.com Wed 10/5/16 Wed 10/5/16 TASER 113 Inventory, assign,test all Axon devices Wed 10/5/16 Thu 10/6/16 CITY,TASER 114 Install AXON Mobile& Evidence Mobile Wed 10/5/16 Wed 10/5/16 CITY,TASER App (Done at the time of training) i 115 Install MDT Application (SYNC) (Can be Wed 10/5/16 Wed 10/5/16 CITY,TASER done at the time of training, IT needed) 116 Phase 4 Department Go Live Rollout Mon 10/10/16 Thu 10/27/16CITY,TASER (83 cameras) 117 Week 1 Training Mon 10/10/16 Wed 10/12/16 118 Gear Fit and Training(1 shift, 9 Mon 10/10/16 Mon CITY,TASER cameras deploved) 10/10/16 119 Gear Fit and Training (1 shift, 9 Tue 10/11/16 Tue 10/11/16 CITY,TASER cameras deploved) 120 Gear Fit and Training (1 shift, 10 Wed 10/12/16 Wed CITY,TASER cameras deploved) 10/12/16 121 Week 2 Training Mon 10/17/16 Wed 10/19/16 ; 122 Gear Fit and Training(1 shift, 9 Mon 10/17/16 Mon CITY,TASER cameras deploved) 10/17/16 123 Gear Fit and Training(1 shift, 9 Tue 10/18/16 Tue 10/18/16 CITY,TASER cameras deploved) 124 Gear Fit and Training (1 shift, 10 Wed 10/19/16 Wed CITY,TASER cameras deploved) 10/19/16 125 Week 3 Training Mon 10/24/16 Wed 10/26/16 126 Gear Fit and Training(1 shift, 9 Mon 10/24/16 Mon CITY,TASER cameras deploved) 10/24/16 127 Gear Fit and Training(1 shift, 9 Tue 10/25/16 Tue 10/25/16 CITY,TASER ; cameras deployed) i Page 6 I I Agreement for Body Worn Camera and Evidence Management System Exhibit A,Appendix 2-6 I i San Josd Axon Project ID Task Name Start Finish Resource Names 128 Gear Fit and Training(1 shift, 10 Wed 10/26/16 Wed CITY,TASER cameras deploved) 10/26/16 129 Phase 4 Go Live Complete(83 Cameras) Wed 10/26/16 Wed 10/26/16 130 Post Deployment Meeting Wed 10/26/16 Wed CITY,TASER 10/26/16 131 Phase 5 Mon 10/31/16 Thu 11/24/16 3 132 Configuration Tasks Mon 10/31/16 Fri 11/4/16 CITY,TASER 133 Site survey for ETM installation, Mon 10/31/16 Mon CITY,TASER test bandwidth 10/31/16 134 ETM registration and configuration Mon 10/31/16 Tue 11/1/16 CITY,TASER 135 Install and test E.com Docks Tue 11/1/16 Wed 11/2/16 CITY,TASER 136 Create user accounts in Evidence.com Tue 11/1/16 Tue 11/1/16 TASER 137 Inventory, assign,test all Axon devices Wed 11/2/16 Thu 11/3/16 CITY,TASER 138 Install AXON Mobile& Evidence Mobile Wed 11/2/16 Wed 11/2/16 CITY,TASER App (Done at the time of training) i I 139 Install MDT Application (SYNC) (Can be Wed 11/2/16 Wed 11/2/16 CITY,TASER done at the time of training, IT needed) 140 Phase 5 Department Go Live Rollout Mon 11/7/16 Thu 11/24/16CITY,TASER (83 cameras) 141 Week 1 Training Mon 11/7/16 Wed 11/9/16 142 Gear Fit and Training(1 shift, 9 Mon 12/5/16 Mon 12/5/16 CITY,TASER cameras deploved) 143 Gear Fit and Training (1 shift, 9 Tue 11/8/16 Tue 11/8/16 CITY,TASER cameras deploved) 144 Gear Fit and Training (1 shift, 10 Wed 11/9/16 Wed 11/9/16 CITY,TASER cameras deploved) 145 Week 2 Training Mon 11/14/16 Wed 11/16/16 146 Gear Fit and Training(1 shift, 9 Mon 11/14/16 Mon CITY,TASER cameras deploved) 1-1/14/16 147 Gear Fit and Training(1 shift, 9 Mon 12/5/16 Mon 12/5/16 CITY,TASER cameras de to ed Page 7 I I I Agreement for Body Worn Camera and Evidence Management System Exhibit A,Appendix 2-7 San Josd Axon Project ID Task Name Start Finish i2esource Names 148 Gear Fit and Training(1 shift, 10 Wed 11/16/16 Wed CITY,TASER cameras deploved) 11/16/16 149 Week 3 Training Mon 11/21/16 Wed 11/23/16 150 Gear Fit and Training(1 shift, 9 Mon 11/21/16 Mon CITY,TASER cameras deploved) 11/21/16 151 Gear Fit and Training(1 shift, 9 Tue 11/22/16 Tue 11/22/16 CITY,TASER cameras deploved) 152 Gear Fit and Training (1 shift, 10 Wed 11/23/16 Wed CITY,TASER cameras deploved) 11/23/16 # 153 Phase 5 Go Live Complete(83 Cameras) Wed 11/23/16 Wed 11/23/16 154 Post Deployment Meeting Wed 11/23/16 Wed CITY,TASER 11/23/16 155 Phase 6 Mon 11/28/16 Wed 12/21/16 156 Configuration Tasks Mon 11/28/16 Fri 12/2/16 CITY,TASER 157 Site survey for ETM installation, Mon 11/28/16 Mon CITY,TASER test bandwidth 11/28/16 158 ETM registration and configuration Tue 11/29/16 Wed CITY,TASER 11/30/16 159 Install and test E.com Docks Thu 12/1/16 Fri 12/2/16 CITY,TASER 160 Create user accounts in Evidence.com Thu 12/1/16 Thu 12/1/16 TASER 161 Inventory, assign, test all Axon devices Thu 12/1/16 Fri 12/2/16 CITY,TASER 162 Install AXON Mobile& Evidence Mobile Thu 12/1/16 Thu 12/1/16 CITY,TASER App (Done at the time of training) 163 Install MDT Application (SYNC) (Can be Thu 12/1/16 Thu 12/1/16 C1TY,TASER done at the time of training, IT needed) 164 Phase 6 Department Go Live Rollout Mon 11/28/16 Wed CITY,TASER (83 cameras) 12/21/16 165 Week 1 Training Mon 12/5/16 Wed 12/7/16 166 Gear Fit and Training (1 shift, 9 Mon 12/5/16 Mon 12/5/16 CITY,TASER cameras deploved) 167 Gear Fit and Training(1 shift, 9 Tue 12/6/16 Tue 12/6/16 CITY,TASER cameras deployed) i Page 8 I Agreement for Body Worn Camera and Evidence Management System Exhibit A,Appendix 2-8 San Jose Axon Project CD Task Name Start Finish Resource Names 168 Gear Fit and Training (1 shift, 10 Wed 12/7/16 Wed 12/7/16 CITY,TASER cameras deploved) 169 Week 2 Training Mon 12/12/16 Wed 12/14/16 170 Gear Fit and Training (1 shift, 9 Mon 12/12/16 Mon CITY,TASER cameras deploved) 12/12/16 171 Gear Fit and Training(1 shift, 9 Tue 12/13/16 Tue 12/13/16 CITY,TASER cameras deploved) 172 Gear Fit and Training (1 shift, 10 Wed 12/14/16 Wed CITY,TASER cameras deploved) 12/14/16 173 Week 3 Training Mon 12/19/16 Wed 12/21/16 174 Gear Fit and Training(1 shift, 9 Mon 12/19/16 Mon CITY,TASER cameras deploved) 12/19/16 175 Gear Fit and Training (1 shift, 9 Tue 12/20/16 Tue 12/20/16 CITY,TASER cameras deploved) 176 Gear Fit and Training(1 shift, 10 Wed 12/21/16 Wed CITY,TASER cameras deploved) 12/21/16 177 Phase 6 Go Live Complete (83 Cameras) Wed 12/21/16 Wed 12/21/16 178 CITY Axon Project Completion Meeting Wed 12/21/16 Wed CITY,TASER 12/21/16 1 1 Page 9 i Agreement for Body Worn Camera and Evidence Management System Exhibit A, Appendix 2-9 I i Appendix 3— Evidence.Com Plans EVIDENCE.COM PLANS @ASEC STANOARp we . P:tib tJLTtMATR UNLfMITEp „ --- INCLUDED STORAGE 10GB 20GB 30GB 406B Unlimited Unlimited Storage' Storage' Axon Capture App ✓ ✓ ✓ ✓ ✓ ✓. Evidence Sync ,/ ✓ ✓ ✓ ✓ ✓ DOCk-Automated Video Upload ✓ ✓ t/ �/ ✓ ✓ Secure File Storage ,/ �/ ✓ ✓ Evidence Folders ✓ ✓ ✓ ✓ ✓ ✓ GPS tbtapping of Captured media ,/ ,j ✓ ✓ Fite E Case Sharing ✓ ✓ ✓ ✓ ✓ Video Clips&Markers ✓ ✓ ✓ ✓ Lock specific Files for IA ,/ ✓ ✓ ✓ Custom User Roles �/ ✓ ✓ ✓ Custom Categories ✓ J ✓ ✓ i Automatic File Deletion Schedules ✓ ,/ t/ ✓ Bulk Reassign,Share,Edit ,/ ✓ ✓ ✓ User&Device managernent ✓ ✓ ✓ ✓ Video Redaction ✓ ✓ ✓ Operational Group Permissions ✓ J ✓ s� Agency Usage Reports ✓ ✓ ✓ J i Active Directory Support ✓ ✓ ✓ Two Axon Camera Upgrades' ✓ ✓ Fui(Axon Camera Warranty ✓ ✓ Unlimited HO Storage' ✓ One Smart Weapon Upgrade' �r Full Smart weapon Warranty +Ap kcSto5yearconrractsonly 'vwlnteddata for tuoncameraand Axon Capture uploads,add[tiona?storage is cr. M. per Gt;per month. Other to rrns and corrdhlorts rrsay apply and TASER reserves th a right to change or end these offers at any time. i Agreement for Body Worn Camera and Evidence Management System Exhibit A,Appendix 3-1 , I "-`-,�,--^.-�y',.r��rq+�^�",w-6� -Fla-•. '�" „-�r,��✓,.✓- - e- a.,,.:,. ssi•-��r'.c.-,�-.✓-.s r"�'n�.� �.-."�'�.,,,n'�' BA51C STANpARp PRO ULTIMATE U111LlMITEp ` j Secure evidence storage All Basic features Ail Standard and All Pro features All Ultimate features Basic features Basic management tools File and case sharing Axon camera upgrade Unlimited HD storage'of Agency analytics every 2.5 yrs Axon camera uploads Axon Capture Bulls actions Automated redaction Extended Axon Unlimited storage'of Audittrails Admin roles camera warranty Axon Capture uploads Single sign-an 1 AD Integration Dedicated support &maintenance 3 $15 user/month $25 user/month $39 user/month $55 userlmonth $79 user/month AUnOmted data for Axon camera and Axon C Dture uoloads additional storaee is only 6 25c oerGB Der month ,a` .-r' -^' .,'*r` 5`N-hr',, ,_✓w,, „ Y',' J'•7yt� .✓' ..-�" ...-.-'y....^✓-. ,+ij ,�,.+-.7 r"'.a'.„ _/_ :r..c .*:.,>:,- �.,, .. .:s, � ^Sn��ayt� 'OM' �� r .¢�YvY�wxry'�6zrrG. �r �Nyr�r� vr�� arc 65 .rv )1MOM'- 7 ,� 1 A .�f .:.r,a^. r-.. r.,r•,y',%=-r-:%.^ µl. ,,,'✓,a, ..✓ .. f ,,,,.3yf„y."'1:.:� �?ar ��-: S','�"'`.. �-�•y..�i+ �9'-+.r,..?.�w s^^ -",.✓^"'"rr'1'- MF_r,-.:c.__7'.. .�.. .rx-a. ✓-r, F , .� _.��..< .., ,.<+n u,:_�..,w...r r✓..... . ��,�,.r,� �- /r.?S' !�.w:�-, I --- -- .-- OFF[CER SAFETY A h— Maximize officer safQty and get the best value by bundling TASER i Smart Weapons and body-worn cameras.The Officer Safety Plan offers complete budget predictability and IGeeps your technology ; up to date. $99 userlmonth I i I i i i Agreement for Body Worn Camera and Evidence Management System Exhibit A,Appendix 3-2 i Appendix 4— Milestone and Deliverables Acceptance Form The Contractor shall submit this form once a milestone (the completion of a phase) is completed for City approval prior to submitting an invoice. MILESTONE AND DELIVERABLES ACCEPTANCE FORM Project Title: Contract Number: Reviewers: Originator: Issued to To be returned to Reviewer on: Originator by: Milestone Completed (Check box): ❑ Phase l ❑ Phase 2 ❑ Phase 3 ❑ Phase 4 ❑ Phase 5 Deliverables Completed: I have reviewed the above milestones and deliverables on behalf of the City The milestone and deliverable(s) are accepted. The milestone/deliverable(s) are rejected for the reasons noted below: Name: Signature: Date: I i j I i Agreement for Body Worn Camera and Evidence Management System Exhibit A,Appendix 4-1 i i i Appendix 5— Final System Acceptance Certificate i After the customer is satisfied with all test results and resolution, the customer will proceed with signing the Acceptance Test Certificate. FINAL SYSTEM ACCEPTANCE CERTIFICATE Customer Name: City of San Jose Project Name: Body Worn Camera and Evidence Management System This System Acceptance Certificate memorializes the occurrences of System Acceptance. Contractor and City acknowledge that: 1. All System or product documentation promised under the Agreement has been provided. 2. The System is accepted, except for any items listed on the attached punch list, if applicable. The parties will promptly complete their respective punch list responsibilities according to a mutually-agreed schedule. 3. By acknowledging the Final Acceptance of this project the City agrees to pay any remaining invoices to the Contractor according to the Body Worn Camera and Evidence Management System Agreement. 4. Upon signed acceptance by the City, access to the Contractor's Customer Support Center providing Support Service will be made available during the hours designated in the Scope of Services. City of San Jose ("Customer") Taser International, Inc. ("Contractor") By: By: Name: Name: Title: Title: Date: Date: i i i Agreement for Body Worn Camera and Evidence Management System Exhibit A, Appendix 5-1 I Appendix 6— Price List Initial Terre Description of Cost Elements Quantity Year 1 Year 2 Year 3 Year 4 Year 5 1. Hardware - Body Worn Cameras - Docking Stations -Mounting Equipment(Uniform clip/hook) 963 Included Included Included Included Included - BWC Spares(-3%) -Axon Signal Units 2. Software License/SaaS Subscription Evidence.com Unlimited License -Evidence.com CAD/RMS Integration 963 $761,244* $912,924 $912,924 $912,924 $912,924 License 3. Hosting Services 963 Included Included Included Included Included -Unlimited Axon Video and Capture Storage 4. Other Software License/SaaS 43 Standard Subscription Licenses Included Included Included Included Included Evidence.com Standard License 40 Pro Licenses - Evidence.com Pro License 1 5. Professional Services for Implementation:. - Implementation € -CAD Integration -Training $15,000 Testing & Final Acceptance Go-Live I 6. i Other Hosting Related-Disaster Recovery Included Included Included Included Included 7. Taser Assurance Plan 963 Included Included Included Included Included SYSTEM SUBTOTAL $776,244 $912,924 $912,924 $912,924 $912,924 SYSTEM GRAND TOTAL $ 4,427,940 *does not include$27,530 for accelerated deployment to be paid via change order. i i I I i I Agreement for Body Worn Camera and Evidence Management System Exhibit A,Appendix 6-1 i i i EXHIBIT B--COMPENSATION/PAYMENT SCHEDULE 1. Compensation 1.1. The maximum amount payable for all products and services provided under this Agreement shall not exceed Four Million, Four Hundred Twenty-Seven Thousand, Nine Hundred Forty Dollars ($4,427,940) during the initial five-year term. Any additional services requested by the City that would exceed the preceding maximum amount will be addressed in accordance with the Change Order Procedures. No additional services will be performed unless both parties execute a Change Order outlining the services requested and the compensation agreed for such services. 1.2. Progress payments shall be made to Contractor by City based on net thirty (30) days payment terms, following receipt of invoices that may be issued after acceptance of designated milestones as shown below in Table 131-Payment Schedule. All payments are based upon City's acceptance of Contractor's performance as evidenced by successful completion of all of the deliverables as set forth for each milestone. City shall have no obligation to pay unless Contractor has successfully completed and City has approved the Milestone for which payment is due. i 1.3. Payment for any part or parts of the System provided hereunder, or inspection or testing thereof by City, shall not constitute acceptance or relieve Contractor of its obligations under this Agreement. City may inspect the components of the System when delivered and reject upon notification to Contractor any and all the System, which does not conform to the Specifications or other requirements of this Agreement. Components of the System, which are rejected shall be promptly corrected, repaired or replaced by Contractor. If City receives components of the System with defects or nonconformities not reasonably apparent on inspection, then City reserves the right to require prompt correction, repair or replacement by Contractor in accordance with Contractor's warranty obligations. 2. Project Performance& Payment Schedule 2.1. Work shall commence immediately upon execution of the Agreement. 2.2. Invoicing procedure: The City agrees to compensate Contractor for the Services performed in accordance with the terms and conditions of this Agreement. Contractor shall send invoices to the City according to Table 131 listed below. The actual dates of completion for each milestone may vary from the estimated completion date indicated in Table B1 and the Preliminary Project Schedule (Exhibit A-1, Appendix 2). Milestone completion date may be updated and revised as mutually agreed upon between City and Contractor. Payment shall be made based on City acceptance of milestones and SOS deliverables. 2.3. For ongoing cloud subscription and storage services after the implementation period (see Table 131), City shall prepay for the Services provided under this Agreement at the start of each option period. In the event of early termination of the Agreement, Contractor shall refund the City any fees not expended and paid in advance on a prorated basis. 2.4. Contractor shall submit invoices to designated City contact. Agreement for Body Worn Camera and Evidence Management System Exhibit B-1 j Table 131: Compensation/Payment Schedule Scope of Estimated % of Year Milestone/item Services Completion Payment 1 Total Deliverables Date Amount (Exhi bit A-1) A; YEAR 1 IMPLEMENTATION: ` 1. Phase 1- Project Planning, Implementation, $211,138.30 Training &Go-Live (approximately 328 cameras) Section 9 8/2116 27.20% 2. Phase 2- Implementation, Training & & Go-Live Section 10.1- $190,024.50* (approximately 295 cameras) 10.3 911/16 24.48% 3. Phase 3- Implementation, Training & Go-Live Section 10.1- $57,752.54 (approximately 90 cameras 10.3 9/28/16 7.44% 4. Phase 4- Implementation &Training Section 10.1- $55,268.56 (approximatel 84 cameras 10.3 10/27/16 7.12% 5. Phase 5- Implementation &Training Section 10.1- - (approximately 83 cameras 10.3 11/24/16 $53,405.57 6.88% j 6. Phase 6- Implementation & Training Section 10.1- - (approximately 83 cameras 10.3 12/21/16 $53,405.57 6.88% Section $77,624 7. Final Go-Live 10.4.1-10.4.2 12/22/16 10% Section $77,625 8. Post Go-Live and Final System Acceptance 10.4.4-10.4.5 2l5/17 10% Total Year 1 initial license, installation, setup) $776,244 100% B. On- oing $erutces Y �� "ayttenfi"Atrabunt Year 2 (cloud subscription & storage services) $912,924 Year 3 (cloud subscription &storage services) $912,924 Year 4 (cloud subscription & storage services) $912,924 Year 5 cloud subscription & storage services $912,924 MAXIMUM COMPENSATION (INITIAL 5-YEAR TERM) $4,427,940* *does not include$27,530 for accelerated deployment to be paid via change order. All amounts stated above are in United States Currency. 1 Agreement for Body Worn Camera and Evidence Management System Exhibit B-2 3. Renewal Period Compensation 3.1. Pursuant to Section 2.2 of the Agreement, the City reserves the right to extend the term of this Agreement for additional five one-year terms ("Option Periods")for ongoing Body Worn Camera and Evidence Management System subscription licenses. 3.2. After the initial five-year term, ongoing subscription license costs shall be set at $912,924 per year for the Evidence.com Unlimited Plan, which is inclusive of all of the cost elements listed in Appendix 6, Price List. 4. Additional Cameras/Subscription Licenses Should the City require additional body worn cameras/Evidence.com Unlimited subscription licenses, Contractor shall provide them at the following rate. 4.1. Evidence.com Unlimited License (includes camera): $948 per user per year. 5. Additional Training Should the City require additional training, Contractor shall provide the training at the following rate. 5.1. On-site Training: $2,000 per day. 6. Additional Storage ! Should the City require additional storage (data not uploaded from Axon body worn cameras), Contractor shall provide the training at the following rate. 6.1. Additional storage: 6.250 per gigabyte per month. i I I i Agreement for Body Worn Camera and Evidence Management System Exhibit B-3 I EXHIBIT C —INSURANCE REQUIREMENTS Contractor, at Contractor's sole cost and expense, shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services hereunder by the Contractor, its agents, representatives, employees or subcontractors or suppliers. The cost of such insurance shall be included in the Contractor's bid. 1. Minimum Scope and Limit of insurance There shall be no endorsements reducing the scope of coverage required below unless approved by the City's Risk Manager. Type of Insurance Minimum Limit 1. Commercial General Liability $1,000,000 per occurrence j The coverage provided by Insurance Services Office"occurrence" for bodily injury, personal form CG 0001, including coverages for contractual liability, injury and property damage personal injury, broadform property damage, independent or$2,000,000 annual contractors, products and completed operations. pgqregate. 2. Automobile Liability $1,000,000 combined single The coverage provided by Insurance Services Office form limit per accident for bodily number CA 0001. Coverage shall be included for all owned, non- injury and property damage. owned and hired automobiles. 3. Workers' Compensation and Employer Liability Not less than $500,00) each As required by the Labor Code of the State of California. loss. 4. Crime/Custodial/Security— Commercial Crime Insurance Not less than $1,000,000 Including coverages for loss sustained by a client as a result of each claim and annual employee dishonesty. The requirements of this coverage, as aggregate they apply to Agreement (but not its subcontractors), may be satisfied by the provision of similar coverage through a self- insurance program, in form and content that is acceptable to City's Risk Manager, whose approval shall not be unreasonably withheld. 5. Cyber&Technology Errors& Omissions $2,000,000 each occurrence Technology/professional liability insurance and data protection and loss and $4,000,000 liability insurance covering liabilities for financial loss resulting or general aggregate. arising from acts, errors, or omissions, in rendering services provided and network security liability under this agreement as well as all Contractor costs, including damages it is obligated to pay Client or any third party, which are associated with any Security Breach (as hereafter defined) or loss of Personal Data, j regardless of cause (including, without limitation, Contractor negligence or gross negligence and unlawful third party acts). Costs to be covered by this insurance policy shall include without limitation: (a) costs to notify individuals whose Personal Data was lost or compromised; (b) costs to provide credit monitoring and credit restoration services to individuals whose Personal Data was lost or compromised; (c) costs associated with third party claims arising from the Security Breach or loss of Personal Data, including litigation costs and settlement costs; and (d) any investigation, enforcement or similar miscellaneous costs. For the I Agreement for Body Worn Camera and Evidence Management System Exhibit C-1 I purposes of this Section, "Security Breach"means (1) the failure by the Contractor to properly handle, manage, store, destroy or otherwise control, or the unauthorized disclosure by the Contractor of: (a) Personal Data in any format or(b) third party corporate information in any format specifically identified as confidential and protected under a confidentiality agreement or similar contract; (2) an unintentional violation of the Contractor's privacy policy or misappropriation that results in the violation of any applicable data privacy laws or regulations; or(3) any other act, error, or omission by Contractor in its capacity as such which is reasonably likely to result in the unauthorized disclosure of Personal Data. The requirements of this coverage, as they apply to Agreement (but not its subcontractors), may be satisfied by the provision of similar coverage through a self-insurance program, in form and content that is acceptable to City's Risk Manager, whose approval shall not be unreasonably withheld. 2. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the City's Risk Manager. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and contractors; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the City's Risk Manager. 3. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 3.1. General Liability and Automobile Liability Coverages a) The City, its officials, employees, and agents are to be covered as additional insureds as respects: liability arising out of activities performed by, or on behalf of, the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, and agents. b) The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees, and agents. Any insurance or self-insurance maintained by the City, its officials, employees, and agents shall be excess of the contractor's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, or agents. d) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e) Coverage shall contain a waiver of subrogation in favor of the City, its officials, employees, and agents. i Agreement for Body Worn Camera and Evidence Management System Exhibit C-2 3.2. Workers' Compensation and Employers Liability Coverage shall be endorsed to state carrier waives its rights of subrogation against the City, its officials, and agents. 3.3. All coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City; except that ten (10) days' prior written notice shall apply in the event of cancellation for non-payment of premium. 4. Acceptability of Insurance Insurance is to be placed with insurers acceptable to the City's Risk Manager. 5. Verification of Coverage 5.1. Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. f i 5.2. Copies of all the required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Contractor's insurance company as evidence of the stipulated coverages. 5.3. Proof of insurance shall be either emailed in pdf format to: Riskmgmt@sanJoseca.gov, or mailed to the following postal address (or any subsequent email or postal address as may be directed in writing by the Risk Manager): City of San Jose-- Finance Department Risk & Insurance 200 East Santa Clara St., 14th Floor San Jose, CA 95113-1905 i 6. Subcontractors Contractors shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. i i i Agreement for Body Worn Camera and Evidence Management System Exhibit C-3 EXHIBIT D -- EVIDENCE.COM TERMS OF USE 1 Access Rights. Upon the purchase or granting of a subscription from TASER and the opening of an Evidence.com account the City will have access and use of the Evidence.com Services for the storage and management of City Content during the subscription term (Term). The Evidence.com Service and data storage are subject to usage limits. The Evidence.com Service may not be accessed by more than the number of end users specified in the Agreement. If City becomes aware of any violation of this Agreement by an end user, the City will immediately terminate that end user's access to City Content and the Evidence.com Services. 2 City Owns Ciitv Content. The City controls and owns all right, title, and interest in and to j City Content and TASER obtains no rights to the City Content and the City Content are not business records of TASER. The City is solely responsible for the uploading, sharing, withdrawal, management and deletion of City Content. TASER will have limited access to City Content solely for the purpose of providing and supporting the Evidence.com Services to the City and City end users. The City represents that the City owns City Content; and that none of City Content or City end users' use of City Content or the Evidence.com Services will violate this Agreement or applicable laws. 3 Evidence.com Data Security. 3.1. Generally. TASER will implement commercially reasonable and appropriate measures designed to secure City Content against accidental or unlawful loss, access or disclosure. TASER will maintain a comprehensive Information Security Program (ISP) that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence uploaded, security education, risk management, and data protection. The City is responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to City Content. Log-in credentials are for City internal use only and City may not sell, transfer, or sublicense them to any other entity or person. The City agrees to be responsible for all activities undertaken by the City, City employees, City contractors or agents, and City end users which result in unauthorized access to the City account or City Content. Audit log tracking for the video data is an automatic feature of the Services which provides details as to who accesses the video data and may be downloaded by the City at any time. The City shall contact TASER immediately if an unauthorized third party may be using the City account or City Content or if account information is lost or stolen. 3.2. FBI CAS Security Addendum. For customers based in the United States, TASER agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Addendum for the Term of this Agreement. 4 Our Support. TASER will make available updates as released by TASER to the Evidence.com Services. Updates may be provided electronically via the Internet. TASER will use reasonable efforts to continue supporting the previous version of any API or software for 6 months after the change (except if doing so (a) would pose a security or ! intellectual property issue, (b) is economically or technically burdensome, or (c) is Agreement for Body Worn Camera and Evidence Management System Exhibit D-1 i needed to comply with the law or requests of governmental entities. The City is responsible for maintaining the computer equipment and Internet connections necessary for use of the Evidence.com Services. 6 Data Privacy. TASER will not disclose City Content or any information about the City except as compelled by a court or administrative body or required by any law or regulation. TASER will give notice if any disclosure request is received for City Content so the City may file an objection with the court or administrative body. The City agrees to allow TASER access to certain information from the City in order to: (a) perform troubleshooting services for the account upon request or as part of our regular diagnostic screenings; (b) enforce this agreement or policies governing use of Evidence.com Services; or (c) perform analytic and diagnostic evaluations of the systems. i 6 Data Storage. TASER will determine the locations of the data centers in which City Content will be stored and accessible by City end users. For United States customers, TASER will ensure that all City Content stored in the Evidence.com Services remains within the United States including any backup data, replication sites, and disaster recovery sites. TASER may transfer City Content to third parties for the purpose of storage of City Content. Third party subcontractors responsible for storage of City Content are contracted by TASER for data storage services. Ownership of City Content remains with the City. For use of an Unlimited Evidence.com License unlimited data may be stored in the City's Evidence.com account if the data originates from a TASER device. Unlimited storage is solely for content generated by Axon devices. TASER reserves the right to limit the types of content the City can store and share using the Unlimited or Totally Unlimited Evidence.com Licenses. 7 Fees and Payment. Additional end users may be added during the Term at,the pricing in effect at the time of purchase of additional end users, prorated for the duration of the Term. Additional end user accounts will terminate on the same date as the pre-existing subscriptions. TASER reserves the right to charge additional fees for exceeding purchased storage amounts or for TASER's assistance in the downloading or exporting , of City Content. 8 Suspension of Evidence.com Services. TASER may suspend City access or any end user's right to access or use any portion or all of the Evidence.com Services immediately upon notice in accordance with the following: ; 8.1. The City or an end user's use of or registration for the Evidence.com Services (i) poses a security risk to the Evidence.com Services or any third party, (ii) may adversely impact the Evidence.com Services or the systems or content of any other customer, (iii) may subject TASER, TASER's affiliates, or any third party to liability, or(iv) may be fraudulent; 8.2. If TASER suspends the right to access or use any portion or all of the Evidence.com Services, the City remains responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension. TASER will not delete any of City Content on Evidence.com as a result of a suspension, except as specified elsewhere in this Agreement. 9 Software Services Warranty. TASER warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any i Agreement for Body Worn Camera and Evidence Management System Exhibit D-2 i i third party. TASER disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to the Evidence.com Services. 10 License Restrictions. Neither the City nor any City end users may, or attempt to: (a) permit any third party to access the Evidence.com Services except as permitted in this Agreement; (b) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Evidence.com Services; (c) reverse engineer, disassemble, or decompile the Evidence.com Services or apply any other process or procedure to derive the source code of any software included in the Evidence.com Services, or allow any others to do the same; (d) access or use the Evidence.com Services in a way intended to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; (e) copy the Evidence.com Services in whole or part, except as expressly permitted in this Agreement; (f) use trade secret information contained in the Evidence.com Services, except as expressly permitted in this Agreement; (g) resell, rent, loan, or sublicense the Evidence.com Services; (h) access the Evidence.com Services in order to build a f competitive product or service or copy any features, functions, or graphics of the Evidence.com Services; (i) remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of ours or our licensors on or within the Evidence.com Services or any copies of the Evidence.com Services; or 0) use the Evidence.com Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third party privacy rights, or to store or transmit malicious code. All licenses granted in this Agreement are conditional on continued compliance this Agreement, and will immediately and automatically terminate if the City does not comply with any term or condition of this Agreement. The City may only use our trademarks in accordance with the TASER Trademark Use Guidelines (located at www.TASER.com). 1 Agreement for Body Worn Camera and Evidence Management System Exhibit D-3 i EXHIBIT E—TASER ASSURANCE PLAN The TASER Assurance Plan or "TAP" is included as part of the Evidence.com Unlimited Licenses purchased under this Agreement. TAP provides hardware extended warranty coverage, Spare Products, and Upgrade Models. TAP only applies to the TASER Product listed in and purchased under the Agreement. The City may not buy more than one TAP for any one covered Product. 1 TAP Warranty Coverage. TAP includes the extended warranty coverage described in the current hardware warranty. TAP warranty coverage starts at the beginning of the TAP Term and continues as long as the City continues to pay the required annual fees for the Evidence.com Unlimited Licenses or chooses to purchase a standalone TAP. The City may not have both an optional extended warranty and TAP on the Axon camera/Dock product. TAP for the Axon camera products also includes free replacement of the Axon flex controller battery and Axon Body battery during the TAP Term for any failure that is not specifically excluded from the Hardware Warranty. 2 TAP Term. The TAP Term for all equipment, hardware and software of the System shall be for the life of the Agreement, so long as the City continues to make payments on the + Unlimited License plan or purchases a standalone TAP, and commences upon date of delivery of equipment, hardware and software. I 3 SPARE Product. TASER will provide a predetermined number of spare Products for those hardware items and accessories listed in the Quote (collectively the "Spare Products ) to keep at the City location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. The City must return to TASER, through TASER's RMA process, any broken or non-functioning units for which a Spare Product is utilized, and TASER will repair or replace the non-functioning unit with a replacement product. TASER warrants it will repair or replace the unit which fails to function for any reason not excluded by the TAP warranty coverage, during the TAP Term with the same product or a like product, at TASER's sole option. The City may not buy a new TAP for the replacement product or the Spare Product. 3.1. Within 30 days of the end of the TAP Term the City must return to TASER all Spare Products. The City will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products not returned to TASER. If all the Spare Products are returned to TASER, then TASER will refresh the allotted number of Spare Products with Upgrade Models if the City purchases a new TAP for the Upgrade Models. 4 TAP Up-grade Models. Upgrade Models are to be provided as follows during and/or after the TAP Term: (i) 2.5 years after the Effective Date and once again 5 years after the Effective Date if the City purchased 5 years of Evidence.com services with an Ultimate License or Unlimited Licenses or OSP and made all TAP payments. Any Upgrade Model provided within the six months prior to the scheduled upgrade will be deemed an upgrade. Thirty days after the Upgrade Models are received, the City must return the products to TASER or TASER will deactivate the serial numbers for the products received unless the City purchases additional Evidence.com licenses for the Agreement for Body Worn Camera and Evidence Management System Exhibit E-1 I I i Axon camera products the City is keeping. The City may buy a new TAP for any Upgraded Model provided in Year 5. 4.1. TAP Axon Camera Upgrade Models. 4.1.1. If the City purchased Unlimited License or OSP, then TASER will upgrade the Axon camera (and controller if applicable), free of charge, with a new on-officer video camera of the City's choice. 4.2. TAP Dock Upgrade Models. TASER will upgrade the Dock free of charge, with a new Dock with the same number of bays that is the same product or a like product, at TASER's sole option. If the City would like to substitute a different product model for the Upgrade Model or add additional bays, then the City must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model desired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 5 TAP Termination. If an invoice for TAP is more than 30 days past due or the City defaults on its payments for the Evidence.com services then TASER may terminate TAP and all outstanding Product related TAPs. TASER will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 5.1. TAP coverage will terminate as of the date of termination and no refunds will be given. 5.2. TASER will not and has no obligation to provide the free Upgrade Models. 5.3. The City will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products provided under TAP. If the Spare Products are returned within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product invoice. 1 5.4. The City will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. If the City received Axon Products free of charge and TAP is terminated before the end of the term then (a) the City will be invoiced for the remainder of the MSRP for the Products received and not already paid as part of the TAP before the termination date; or(b) only in the case of termination for non-appropriations, return the Products to TASER within 30 days of the date of termination. i I i Agreement for Body Worn Camera and Evidence Management System Exhibit E-2 EXHIBIT F --AXON INTEGRATION SERVICES 1. Scope of Integration Services. The project scope will consist of the development of an integration module that allows the EVIDENCE.com services to interact with the City's RMS so that City's licensees may use the integration module to automatically tag the AXON® recorded videos with a case ID, category, and location. The integration module will allow the Integration Module License holders to auto populate the AXON video meta-data saved to the EVIDENCE.com services based on data already maintained in the City's CAD/RMS. TASER is responsible to perform only the Integration Services described in this SOW and any additional services discussed or implied that are not defined explicitly by this SOW will be considered out of the scope and may result in additional fees. 2. Pricing. All Integration Services performed by TASER will be rendered in accordance with the fees and payment terms set forth in the Agreement. 3. Delivery of Inte ration Services. 3.1 Support After Completion of the Integration Services. After completion of the Integration Services and acceptance by the City, TASER will provide up to 5 hours of remote (phone or Web-based) support services at no additional charge to the City. TASER will also provide support services that result because of a change or modification in the EVIDENCE.com services at no additional charge as long as the City maintains EVIDENCE.com subscription licenses and Integration Module Licenses, and as long as the change is not required because the City changes its RMS. Thereafter, any additional support services provided to the City will be charged at TASER's then current standard i professional services rate. 3.2 Changes to Services. Changes to the scope of the Integration Services must be documented and greed upon by the Parties in a change order. If the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the Parties and included in the change order, signed by both Parties. 3.3 Warranty. TASER warrants that it will perform the Integration Services in a good and workmanlike manner. 4 Acceptance. TASER will present City with a completed Checklist(Checklist)certifying TASER's completion of the Integration Services. If City reasonably believes that TASER did not complete the Integration Services in substantial conformance with this SOW, City must notify TASER in writing of its specific reasons for rejection within 7 calendar days from delivery of the Checklist to the City. TASER will address the City's issues and will re-present the Checklist for the City's review. If TASER does not receive a written notification of the reasons for rejection of the Checklist, the absence of a response will constitute City's affirmative acceptance of the Integration Services, and a waiver of any right of rejection. 5 City's Responsibilities. TASER's successful performance of the Integration Services depends upon the City's: 5.1 Making available its relevant systems, including its current CAD/RMS, for assessment by TASER (including making these systems available to TASER via remote access if possible); 5.2 Making any required modifications, upgrades or alterations to City's hardware, facilities, systems and networks related to TASER's performance of the Integration Services; 5.3 Providing access to the building facilities and where TASER is to perform the Integration Services, subject to safety and security restrictions imposed by the City (including providing security passes or other necessary documentation to TASER representatives l performing the Integration Services permitting them to enter and exit City premises with l laptop personal computers and any other materials needed to perform the Integration Services); I Agreement for Body Worn Camera and Evidence Management System Exhibit F-1 I 5.4 Providing all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) necessary for TASER to provide the Integration Services; 5.6 Promptly installing and implementing any and all software updates provided by TASER; 6.6 Ensuring that all appropriate data backups are performed; 6.7 Providing to TASER the assistance, participation, review and approvals and participating in testing of the Integration Services as requested by TASER; 5.8 Providing TASER with remote access to the City's Evidence.com account when required for TASER to perform the Integration Services; 5.9 Notifying TASER of any network or machine maintenance that may impact the performance of the integration module at the City; and 6.10 Ensuring the reasonable availability by phone or email of knowledgeable staff and personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to TASER (these contacts are to provide background information and clarification of information required to perform the Integration Services). 6 Authorization to Access Computer Systems to Perform Services City authorizes TASER to access City's relevant computers, network systems, and RMS solely for the purpose of performing the Integration Services. TASER will work diligently to identify as soon as reasonably practicable the resources and information TASER expects to use, and will provide an initial itemized list to City. City is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by City. 9 7 Definitions. "Integration Services" means the professional services provided by us pursuant to 9 this SOW. I I I I I Agreement for Body Worn Camera and Evidence Management System Exhibit F-2 I EXHIBIT G—CHANGE ORDER FORM Pursuant to Section 7 of the Agreement for between the City of San Jose and Taser International, Inc., the Agreement is hereby amended as follows: (The following language is hereby provided as an example of how to complete this form.) 4. Contractor shall provide the following additional services at the costs indicated below: TOTAL 2. The following services, products or deliverables are hereby deleted and the associated costs in amounts set forth below are also deleted. TOTAL 3. EXHIBIT— is hereby amended to read as set forth in the Revised EXHIBIT which is attached hereto. — 4. All of the terms and conditions of the Agreement not modified by Change Order shall remain in full force and effect. Total Cost of Change I Total Credit of Change Previous Amendments and/or Change Orders Original Contract ACCEPTANCE APPROVED AS TO FORM Contractor hereby agrees to accept the amount set forth herein as payment in full of the work described and further agrees that Contractor is Senior Deputy City Attorney entitled to no additional time or compensation for such work other than as set forth herein. Taser International Inc., Contractor City of San Jose 1 3 3 Date Date 1 1 Agreement for Body Worn Camera and Evidence Management System Exhibit G-1 i EXHIBIT H — NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT FORM AGREEMENT TITLE: CONTRACTOR Taser International, Inc.: DATE: (date the notice is sent must be consistent with the time for exercise set forth in Agreement) Pursuant to Section 2.2 of the Agreement referenced above, the City of San Jose hereby exercises its option to extend the term under the following provisions: OPTION NO. NEW OPTION TERM Be in date. End date: MAXIMUM COMPENSATION for New Option Term: For the option term exercised by this Notice, City shall pay Contractor an amount not to exceed the amount set forth above for Contractor's services and reimbursable expenses, if any. The undersigned signing on behalf of the City of San Jose hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature. ! CITY OF SAN JOSE a municipal corporation j By Name: Title: Date: I i IIi I 1 1 Agreement for Body Worn Camera and Evidence Management System Exhibit H-1 i City of Huntington Beach September 6 , 2016 BODY WORN CAMERAS ITEM # 18 BWCs in Huntington Beach e Researching BWCs for years o Study session and pilot program 2015 o Study Session March 7 , 2016 Proposed plan Current Environment 95% of law enforcement agencies are testing or planning to implement BWCs 0 1 /3 of law enforcement agencies have BWC 's , 2/3 have in car video 1 /2 of OC law enforcement agencies are testing or have implemented BWCs Value of Video as Evidence Criminal prosecutions Civil defense o Video is quickly becoming an expectation o Scott v. Harris : United States Supreme Court • Court overturned lower court decision to support a police department and officer based on the evidentiary weight of video of the incident. Traffic and DUI enforcement o Capture moving traffic violations on cameras Ability to video tape a DUI impairment investigation no Strong evidence for DUI drug cases JAG Grant Funds 2011 — Dual Shield Software 2012 — Digital Scanner/Software 2013 — Intergraph AVL System 2014 — Electronic Ticket Writers 2015 — Body Worn Cameras SLESF Grant Funds 0 2011 — Added 50 Motorola Radios & Automated Parking Citations 2012 — No expenses ( BWC) 2013 — MEU Truck and Trailer 0 2014 — No expenses ( BWC) 0 2015 — No expenses ( BWC) Other Recent Tech Upgrades CAD/RMS upgrade 2013 2014 — New desktops computers for the entire Police Department 0 2015/16 — New MDCs in all vehicles r 2014/15/16 — New Dispatch Radios, Car Radios and Handheld Radios In House Data Storage vs Cloud Not just data storage, also management of the data Ability to share with District Attorney and other LEA via cloud saves time and money Redundant back up and reliability Community Survey by CSU LB 0 93% of respondents strongly agree or agree that HBPD can do its job well 79% strongly agree or agree that the HBPD is very open with the work it does Community Survey by CSU LB 71 % of respondents strongly agree or agree that all police officers should be required to wear body-worn cameras 66% strongly agree or agree that body- worn cameras make everyone safer. 68% strongly agree or agree that the HBPD should require officers to wear body cameras . Use of Force Injuries : 5years 655 Use of force incidents 215 resulted in an injury to an officer (33%) 43 officers treated at hospital Uses of Force Injuries : 5years Several significant injuries requiring surgery and even medical retirements 503 suspects injured (77%) Cost savings claims/ litigation o Complaints on officers reduced complaints by 85% Use of Force reduced by 55% On going studies show reduction in police officer court time (overtime) HB Cost savings claims/ litigation Based on review of past 10 years of legal claims , City Attorney estimates potential savings of $300 - $400 thousand dollars per year Currently we average 60 complaints per year Staff hours of investigation HB Cost savings : Injury prevention Direct costs of medical treatment and ongoing therapy o Salary and OT savings o Some injuries take officers off work for months • Disability Retirement Implementation o Upgrade the City's Internet backbone o Ease into the technology with 50 cameras o Transition officers into the adjustment at a reasonable pace Convert Administrative Secretary position into CSO for digital evidence management Implementation Purchase 50 Taser BWC's with Evidence . com digital evidence management system . Purchase 50 Apple Smart phones Facilitates viewing/filing videos from the field Crime scene photos Modernize officer communications Costs o JAG Grant $25,359 SLESF $290,000 Appx. $9 ,000 annually for CSO upgrade o Appx. $15,000 annually for smart phones Questions ? i �x C`i�p OM,''pi rF HUNTINGTON BEACH POLICE DEPARTMENT I STANDARD OPERATING PROCEDURES MANUAL i 024—SHIFT MINIMUMS Pebf-uaq 2015 1. PURPOSE: This procedure establishes shift deployment minimums for Uniform Patrol. i 2. AUTHORITY: This procedure is issued by the authority of the CN1ef of Police. 3. APPLICATION: This procedure applies to all members of the Patrol Bureau. 4. PROCEDURE: i SUN MON TUES WED THURS FRI SAT Watch I (Day Sh f ) 11 11 11 11 11 11 11 Watch II (Swing Shift) 10 10 10 10 10 10 10 -' ,r Watch`III,(Night Sh,ift). . . 8 8 8 8 8 10 10 i 4 The desk officer is not included as part of the shift minimums. The watch commander is authorized to consider all Uniform Division personnel assigned to duty in calculating staffing levels as he/she deems appropriate. He/she is further authorized to deploy staffing levels below the listed minimums if it is necessary and appropriate considering reasonably foreseeable service demands. 5. RESPONSIBILITY: It shall be the responsibility of all Uniform Division watch commanders to ensure compliance with this procedure. i I t I SUPPLEMENTAL COMMUNICATION "___"a • • T ��/� I AQW4a Mm No.: �l 39