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HomeMy WebLinkAbout2010-06-29; City Council; 20286; Agreement Installation Police Evidence SystemCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 20,286 POL APPROVAL OF THE AGREEMENT FOR INSTALLATION AND MAINTENANCE OF A POLICE EVIDENCE SYSTEM DEPT. DIRECTORU- CITY ATTORNEY CITY MANAGER fc/ RECOMMENDED ACTION: City Council to adopt Resolution No. 2010-165 approving the agreement with Quetel Corporation for the installation and maintenance of a Police Evidence System. ITEM EXPLANATION: Since the opening of the Safety Center in 1986, the Police Department has been using a computer application called Evidence Tracker to track the collection, storage and destruction of evidence obtained at crime scenes and property collected from citizens. Over the years, the system has become increasingly inadequate and is no longer compliant with the city's technology standards. In addition, the Police Department now collects a large amount of digital evidence, such as photographs, videos and audio recordings of interviews which cannot easily be accounted for in Evidence Tracker. Currently digital evidence is placed on compact discs (CDs) and stored in file cabinets and the manual tracking of digital evidence has become cumbersome and time-consuming. Recognizing the deficiencies in the current system and the lack of a system to track digital evidence, in Fiscal Year 2008-2009 the Police Department established goals to replace the current property and evidence system and obtain a digital evidence management system. Under the guidance of the Information Technology Governance Committee (ITGC), staff issued requests for proposals for both Property and Evidence (RFP 09-12) and Digital Evidence (RFP 09-13) systems. Upon evaluation of the proposals received from vendors, city staff determined that there were systems available that could be implemented to accomplish both the tracking of physical evidence and the management and centralization of the storage of digital evidence eliminating the need to buy two separate systems. A selection team of Police and Information Technology staff members evaluated 12 proposals. At the conclusion of vendor presentations, demonstrations, and site visits, the team determined that Evidence TraQ and Image TraQ from Quetel Corporation would best meet the needs of the Police Department. Staff presented the findings to the ITGC and received approval. DEPARTMENT CONTACT: Maria Callander 760-931-2176 maria.callander@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED XDN nn D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D Dnn Page 2 The Police Department estimates that 3500 hours of staff time are spent each year to work around the deficiencies of our current system. The replacement evidence management system will result in increased efficiencies in the following areas: • Patrol Division Officers will be able to enter property and evidence data on their patrol car computers instead of filling out multiple paper forms. By eliminating the need to fill out multiple forms, the time it takes to complete this process will be significantly reduced, allowing officers to spend more time conducting patrol functions. • Property and Evidence Division Currently Property and Evidence clerks manually review and correct evidence forms submitted by officers. This process may involve tracking down officers to obtain the correct information to properly check in evidence. With the new system the officers will enter data on their patrol car computers instead of filling out paper forms. The user interface will force the officers to enter data into mandatory fields and will provide drop- down lists to eliminate incorrect entries. These data entry control measures will reduce the time it takes to check-in evidence allowing more time to focus on core activities. FISCAL IMPACT: The Police Computer Aided Dispatch ("CAD") Implementation project replaces public safety information technology applications and infrastructure. The first phase of the project included the replacement of a 16 year old CAD system and the implementation of an 800 MHz radio data communication system. The second phase of the project includes the installation of a Storage Area Network and the implementation of public safety applications. The contract with Quetel for the implementation of a Police Evidence System totals $123,432. As shown in the table below, sufficient funds are available in the General Capital Construction funded Police CAD Implementation Project - Project No. 3685. POLICE CAD IMPLEMENTATION - PROJECT NO. 3685 TASK DESCRIPTION Design TOTAL APPROPRIATED TO DATE $2,312,228 $2,312,228 EXPENDITURES/ ENCUMBRANCES TO DATE $2,167,547 $2,167,547 REMAINING BALANCES $144,681 $144,681 The annual cost of software support services for the police evidence system after the completion of the one year warranty period is $14,475 and is budgeted in the Fiscal Year 2010-2011 Police budget. Page 3 ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guideline section 15738, this does not constitute a "project" within the meaning of CEQA and therefore, does not require an environmental review. EXHIBITS: 1. Resolution No. 7010-165 2. Professional Services Agreement between the City of Carlsbad and Quetel Corporation for Installation and Maintenance of a Police Evidence System. 1 RESOLUTION NO.2010-165 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE 3 AGREEMENT FOR INSTALLATION AND MAINTENANCE 4 OF A POLICE EVIDENCE SYSTEM WITH QUETEL CORPORATION 5 6 WHEREAS, the City of Carlsbad has recognized the need to upgrade or replace 7 the Property and Evidence System and to implement a Digital Evidence management 8 system; and 9 WHEREAS, the City of Carlsbad released Requests for Proposals and received 10 vendors' responses that were evaluated by the selection team; and 11 WHEREAS, after careful review and evaluation of the responses, the selection 12 team now recommends Quetel Corporation, for the installation and maintenance of a13 Police Evidence System; and WHEREAS, Quetel Corporation possesses the necessary skills and 16 qualifications to provide services required by the City; and 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 18 Carlsbad, California, as follows: 19 1. That the above recitations are true and correct. 20 2. That the Agreement with Quetel Corporation, a copy of which is attached 21 hereto, is hereby approved and the Mayor is authorized to execute the agreement on behalf of the City. 24 3. That the fees and compensation for the purchase and installation of the 25 Police Evidence system shall not exceed $123,432 as further described in the 26 Agreement between the City of Carlsbad and Quetel Corporation 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the annual fee for software support services shall not exceed $14,475 as further described in the Agreement between the City of Carlsbad and Quetel Corporation. PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the 29th day of June, 2010, by the following vote to wit: AYES: COUNCIL MEMBERS LEWIS, KULCHIN, HALL, PACKARD AND BLACKBURN. NOES: NONE. ABSENT: NONE- ATTEST: (SEAL) E M. \)OD, City AGREEMENT FOR INSTALLATION AND MAINTENANCE OF A POLICE EVIDENCE SYSTEM QUETEL CORPORATION THIS AGREEMENT is made and entered into as of the ^3off^/ day of , 2010, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Quetel, a corporation organized and existing under the laws of the Commonwealth of Virginia, ("Contractor"). RECITALS A. City requires the professional services of a firm that is experienced in installation and maintenance of Police Evidence Systems. B. City issued a Request for Proposals and contractor submitted a proposal to the City and has affirmed its willingness and ability to perform such work; and C. City carefully reviewed and evaluated the RFP responses and recommended Contractor for the installation and maintenance of a Police Evidence system. D. Selection of Contractor is expected to achieve the desired results as defined in the city's Request for Proposal, the contractors proposal and the attached Exhibits; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2- STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for an additional two one year periods. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #05.06.08 4. CHANGES IN WORK If, in the course of the Agreement, changes in work are proposed by Contractor or the City, and informal consultation with the other party indicates that a change in the terms and conditions of the Agreement may be warranted, Contractor or the City may request a change in the Agreement. The changes must be processed in the following manner: Contractor will forward a letter outlining the proposed changes, including any changes in the fees or statement of work to the City. The letter should clearly describe what services are to be provided. If appropriate, the letter will also describe what existing screen or function should be changed and what capability is provided. City staff will prepare an Amendment to the Agreement and submit it for approval to the City Manager. Any Amendment to this Agreement will not render ineffective or invalidate any unaffected portions of this Agreement. 5. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 6. COMPENSATION The total not to exceed fee payable for the Services to be performed as defined in Exhibit "A" and the equipment to be provided as defined in Exhibits "B" and "C" will be one hundred and twenty three thousand four hundred and thirty two dollars ($123,432). The total fee payable for two years of software support services as defined in Exhibit "H" will be fourteen thousand four hundred and seventy five dollars ($14,475) per year for a total of twenty eight thousand nine hundred and fifty dollars ($28,950). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services as specified in Exhibit "A". Incremental payments for the Services to be performed as defined in Exhibit "A" and the equipment to be provided as defined in Exhibits "B" and "C" will be made as outlined in attached Exhibit "D". Payments for software support services as defined in Exhibit "H" shall be made annually after the completion of the Warranty Period 7. LICENSE Contractor grants to the City a perpetual, irrevocable, nonexclusive, nontransferable license to use all Contractor application Software provided under this Agreement as specified in Exhibit "G" Software License. 8- STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide City Attorney Approved Version #05.06.08 services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 9. PERSONNEL 9.1 Contractor' s Project Manager. Zaki Horany will be Contractor's Project Manager and Hisham Abbas will be Contractor's back-up Project Manager for the Project. In addition to the specific duties identified in the Statement of Work contained in Exhibit "A", the general duties of Contractor's Project Manager include, but are not limited to: (a) functioning as a coordinator between Contractor's staff and the City's staff; (b) coordinating the deployment of Contractor's resources; (c) working with the City's Project Manager to plan all Project activities and tasks; (d) meeting with the City's Project Manager as frequently as deemed necessary by the City, at no additional cost to the City, to report on the Project's status and resolve outstanding issues; (e) preparing monthly status reports and submitting each status report to the City's Project Manager no later than five (5) business days prior to the next scheduled monthly meeting; (f) ensuring Contractor's tasks identified in the Statement of Work are performed in accordance with the Project Schedule; (g) acting as Contractor's point of contact for all matters relating to the Project and this Agreement; (h) facilitating meetings between the City and Contractor's executives, when scheduled or requested; (i) ensuring the City's Project Manager or designee receive necessary information through regular and called meetings, written documentation, and formal and informal communications; (j) ensuring only competent, qualified experts from Contractor and Contractor's subcontractors are utilized on this Project; (k) responding in writing to any written request from the City within five (5) business days from the date of request; and (I) promptly responding when contacted by the City's Project Manager. In each monthly status report, Contractor's Project Manager shall identify and document any late deliverables, and any impediments that Contractor may detect that will/may interfere with the successful completion of this Project, create delay in performance, or effecting the completion of this Project in the amount of time allocated by this Agreement. City Attorney Approved Version #05.06.08 9.2 City's Project Manager. The Police Department's Public Safety Information Technology Manager will be the City's Project Manager for the Project. In addition to the specific duties identified in the Statement of Work contained in Exhibit "A", the general duties of the City's Project Manager are: (a) coordinating the assignment of City resources necessary to fulfill the City's obligations under this Agreement; (b) acting as the City's point of contact for all matters relating to the Project and this Agreement; and (c) responding in writing to any written request from Contractor within five (5) business days from the date of the request. 9.3 Contractor's Key Personnel. If, at any time during the term of this Agreement, Contractor is required to change the Project Manager or back-up Project Manager for any reason, Contractor will replace the previous Project Manager or back-up Project Manager with a new Project Manager or back-up Project Manager, acceptable to the City, within ten (10) business days. In addition, Contractor will develop a plan for acclimating the new Project Manager and ensuring the Project continues on schedule. Until the new Project Manager has been identified and is fully acclimated to the Project, Contractor's President will assume the Project Manager's responsibilities under this Agreement. A change in Project Manager will not be grounds for a change in the schedule or a change in the terms of this Agreement. 9.4 Compliance with Work Rules. Contractor will ensure that, while they are on City premises, Contractor's personnel and subcontractors will comply with the City's working rules and policies, including the City's security procedures. 9.5 Background Checks and Removal of Personnel. Prior to being allowed to perform any work on this Project, all non-City personnel assigned to the Project must submit to and pass a background check by the Police Department. In addition, if, at any time, the City determines an individual is not able to effectively perform the services required by this Agreement, the City will notify and discuss the matter with Contractor in an attempt to reach a mutual resolution. However, at the City's request, Contractor will immediately remove the individual from the Project. Further, in the event that a non-City person assigned to this Project by Contractor is arrested for any reason, Contractor shall notify City's Project Manager of this event and City reserves the right to have Contractor remove said person from this Project. 10. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained City Attorney Approved Version #05.06.08 in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 11. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 12. PUBLIC DISCLOSURE REQUEST If City receives a request to disclose any Confidential Information under any Public Information Act, Open Records Act or similar law ("Request"), the City shall immediately notify Contractor and prior to disclosure give Contractor an opportunity to take any protective action it deems appropriate. If Contractor has not responded timely to the Request, as defined by the applicable law for which the Request is made pursuant to, the City may, in its sole discretion and without being in breach of this Agreement, respond to the Request as the City deems appropriate. In the event that Contractor directs the City not to disclose the Confidential Information materials sought pursuant to the Request, Contractor will indemnify City against any losses, including reasonable attorney fees and costs, sustained arising from the non-disclosure of the Confidential Information material requested in the Request. City, in its sole discretion may tender the Request to Contractor for response, including, any and all subsequent legal actions or challenges related to the non-disclosure. 13. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 14. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating City Attorney Approved Version #05.06.08 of not less than "A-:VM". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 14.1 Coverage and Limits. Contractor will maintain the types of insurance coverage and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 14.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 14.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 14.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 14.1.4 Professional Liability. Errors and omissions (E&O) liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 14.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 14.2.1 The City will be named as an additional insured on General Liability. 14.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City Attorney Approved Version #05.06.08 14.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 14.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 14.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurances coverage, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverage. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 14.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 15. WARRANTIES 15.1 Warranty Period. The warranty period ("Warranty Period") on all Contractor installed computer software and hardware is for one (1) year following the date of the City's final acceptance of the Police Evidence system as complete and authorizes final payment to Contractor. 15.2 System Warranty. Contractor warrants that the Police Evidence system will meet the requirements as defined in this Agreement, the City's Request for Proposal, any amendments to the RFP, the proposal submitted by Contractor and the final documentation for the Police Evidence system. Contractor warrants that for the Warranty Period and for as long as there is an agreement, including hardware and/or software maintenance agreements in effect between the parties, the Police Evidence system will be free from defects in material and workmanship and remain in good working order. 15.3 Equipment Warranty. Contractor warrants that at the time of delivery, all installed equipment listed in Exhibit "C" and any other piece of equipment or computer hardware or general component hardware installed as part of the Police Evidence System will be new and unused, will be free from defects in materials and workmanship and will remain in good working order during the Warranty Period. 15.4 Software Warranty. Contractor agrees that during the Warranty Period and as long as there is a maintenance agreement between the parties, Contractor will provide the City with any updates to the application software and any related documentation at no additional charge. City Attorney Approved Version #05.06.08 15.5 Work Quality Warranty. Contractor warrants that all work performed by Contractor under this Agreement will confirm to best industry practices and will be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge to do so. 15.6 Warranty of Title and Non-infringement. Contractor warrants that is has good title to all Contractor application software("Software") provided under this Agreement and the right to license its use to the City free of any proprietary rights of any other party or any other encumbrance whatsoever. Contractor shall indemnify, hold harmless, and defend the City from any liability for damage, costs, reasonable attorney fees or other loss incurred by the City in connection with any claim that the Software or the City's use thereof under this agreement violates the trade secret, trademark, copyright, patent, or other proprietary right of any other party; provided, however, that City has given Contractor prompt written notice of any such claim and Contractor shall not admit liability on behalf of the City. Should the Software become the subject of a claim of infringement of a trade secret, trademark, copyright or patent, the City may, at is option and expense either (1) procure for the City the right to continue to use the Software as contemplated in this Agreement, or (2) replace or modify the Software and/or modify its use to make its use under this Agreement non-infringing. Contractor agrees that the City's remedy here under shall not be limited to this corrective action. 15.7 Service Warranty. Contractor warrants that it will remedy any failure, malfunction, defect or nonconformity in the Police Evidence system as specified in Exhibit "H", Contractor Software Support agreement. 15.8 The provisions of the foregoing warranties are in lieu of any other warranty, whether express or implied, written or oral (including any warranty of merchantability or fitness for a particular purpose). The foregoing warranties extend to the City only and shall not be applicable to any other person or entity. 16. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement(s), as may be amended from time-to-time. 17. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. City Attorney Approved Version #05.06.08 8 18. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 19. COPYRIGHTS Contractor agrees that all copyrights that arise from the services, not hardware or software will be vested in City and Contractor relinquishes all claims to the copyrights, if any, in favor of City. 20. NOTICES The names of the persons who are authorized to give or receive written notices to or on behalf of City and to or on behalf of Contractor pursuant to this Agreement are identified below. For City: For Contractor: Name Maria Callander Name James Cleaveland Title Public Safety Technology Manager Title President Department Police Department Address 14100 Sullvfield Circle City of Carlsbad Suite 700 Address 2560 Orion Way Chantillv. VA 20151 Carlsbad. CA 92010 Phone No. 800 354 6777 Phone No. 760-931-2176 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 21. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. City Attorney Approved Version #05.06.08 Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 22. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 23. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 24. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #05.06.08 10 25. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 26. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 27. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor City Attorney Approved Version #05.06.08 11 on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 28. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 29. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 30. ORDER OF PRECEDENCE The City's Request for Proposal for Police Evidence System, Contractor's proposal, and all other documents specifically referenced as Exhibits to this Agreement, are included and made part of this Agreement. The requirements of this Agreement shall supersede any conflict between the attached Exhibits, and this Agreement. In the event of any inconsistency between or among the documents reference as Exhibits to this Agreement, or any other documents, the inconsistency shall be resolved by giving precedence in the following order: A. Agreement Amendments. B. Agreement. C. Exhibits 31. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #05.06.08 12 OFFICIAL SEAL NOTARY PUBU&COMMOWetffl OF WONA ADAM ROSS WAGNER COUNTY OF ARLINGTON ID* 7230181 My CommMon Expirae October 31, 2013 32. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR / (print name/title)ATTEST: LORR/^JEM.M/6OD City Clerk (e-mail address) -',, ^ + If required by City, proper notarial acknowledgment of execution by contractor must'' attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALDJfc^&LL, City Attorney PSJ By:. Assistant City Attorney 13 City Attorney Approved Version #05.06.08 EXHIBIT "A" SCOPE OF SERVICES This scope of services defines the principal tasks of both parties for the implementation of a complete Police Evidence system. Task 1: Assignment of Personnel The purpose of this task is to confirm the assignment of Contractor personnel and complete any necessary background Investigations. Contractor will: 1. Work with City background investigators to complete background investigation. 2. Provide all necessary documents for background investigators in a timely manner. 3. Confirm the appointment of the City's Project Manager. City will: 1. Inform Contractor of assigned background investigator(s) contact information. 2. Perform background investigations in a timely manner. Task 2: Initial Meetings and Business Process Analysis The purpose of this task is to jointly review the current workflow processes and existing forms utilized by the City, followed by detailed product presentations in order to allow the City to fully understand the capabilities of the Police Evidence system to be installed and to allow Contractor to understand what modifications need to be made to the base system in order to meet the City's needs. Standard system configuration will be provided at no additional cost to the City, and includes, but it not limited to, the renaming of agency-specific data elements and the modification of existing data-entry screens to reflect these updated field names. Modifications of the database, such as fields used to describe the item, people, and case associated with the item, are also at no additional cost to the City provided that they don't require major changes in source code or work flow. All forms in Exhibit "I" will be produced by the Police Evidence system Contractor will: 1. Schedule and attend on-site meetings at City facilities for a period of time sufficient to successfully complete these tasks. 2. Conduct a detailed review of the current workflow processes and existing forms utilized by the City in order to determine what forms can be modified and/or eliminated by the implementation of the new system. City Attorney Approved Version #05.06.08 14 3. Walk through of the evidence room and current procedures used to handle and control evidence from cradle to grave obtaining all relevant reports and forms used in the process. 4. Walk through of the City's current digital evidence collection and storage process 5. Observe operation and use of the current property system. 6. Conduct detailed product demonstrations to property room staff and selected field officers and detectives who may be called upon to use the various web browser modules to allow the City to fully understand the capabilities of the system to be installed. The demonstration will included but is not limited to: a. Discussion of management concerns and objectives b. How should officers enter data c. How the discovery process works d. How the barcodes are printed, scanned and used e. Use of the mobile barcode scanner uses f. Effective look up table coding to make the most of the system g. Codes and values for look up tables, e.g. crime charges, locations, categories, etc. h. Examine a standard set of fields as a kick off point for detailing fields and screens i. Obtain sample data and field definitions for legacy data to be imported 7. Ensure that Contractor personnel attend these meetings who are authorized to negotiate and commit Contractor to providing the desired changes to the system. 8. Provide overview of the optional modules that are included in the system to be provided. 9. Document any configuration changes requested by the City during this task. 10. Conduct a review of the hardware to be provided and update as required by the city. Contractor will provide price quotes, if applicable for hardware configuration changes requested by the City. City will: 1. Ensure that City personnel who are authorized to make system design and operational decisions are present and participating in the scheduled meetings or are available to the City's Project Manager as may be necessary. 2. Demonstrate the City's current system in order for Contractor to understand current operations and workflow procedures. 3. Provide input on how the new system's fields and screens should be set up and configured. 4. Provide current forms and procedure manuals for Contractor to review City Attorney Approved Version #05.06.08 15 Task 3: Submittal of Design Configuration The purpose of this task is for Contractor to prepare and submit a design document describing the police evidence system to be provided. Contractor will: 1. Produce and deliver to the City a design document that includes but is not limited to: a. All screens and data fields necessary for the digital and physical evidence modules b. Drafts of automated forms that will be produced by the system c. The format of the barcode labels to be printed d. Diagram the flow of mobile barcode scanner screens and logic e. A list of the look up tables which the City will need to populate f. All changes to base system that were identified during Task 2 including appropriate screen shots, flow charts and any other information required to document the system that is proposed. g. An updated Exhibit "E" adding any additional functions that need to be demonstrated during Preliminary Acceptance testing 2. Confer with the City as needed in order to obtain any additional information or clarifications necessary for contractor to complete the design document. The City will: 1. Confer with Contractor as needed in order to facilitate the consolidation of all information necessary for Contractor to complete the design document. Task 4: Review and Approval of Design Configuration The purpose of this task is for the City to review the design document submitted by Contractor, inform Contractor of necessary changes and then approve the final design document. This process may be iterative in nature, with various versions being produced until the final version is agreed upon. The City's Project Manager will be responsible for formally notifying Contractor of the approval of the design document. Contractor will: 1. Review the design document with the City and make any changes that are deemed necessary by the City. 2. Resubmit the modified version of the design document as necessary and review changes with the City. City will: 1. Review the design document, suggest changes that it deems appropriate and communicate these in writing to Contractor 2. Review and comment on any resubmitted versions of the design document as necessary. 3. Approve final version of the design document. City Attorney Approved Version #05.06.08 16 Task 5: Preliminary Data Conversion The purpose of this task is for Contractor to develop a routine for the export of data from the City's current system (provided in a flat file or Excel format), make any suggestions needed for data integrity and conformity to SQL Server field standards, and to develop a data transformation service (DTS) module. Contractor will: 1. Analyze the data from the City's current evidence system and bring to the City's attention any issues that may arise. 2. Develop a DTS module to import and test data against a sample of the data export from that system. 3. Note any corrections needed for data integrity and conformity to SQL Server field standards. City will: 1. Export a test file from the legacy evidence system to a flat file or Excel spread sheet. 2. Make decisions about the data corrections needed. 3. Make corrections and export a fresh copy, if significant corrections are required, Task 6: Coding and Installation of Test System The purpose of this task is for Contractor to code and install the Police Evidence system as specified in the design document including the converted data on a test server in the City's environment. Contractor will: 1. Configure the database tables and configure or develop screen layouts in accordance with the City's accepted design. 2. Create the formats of letters and forms including draft requests to officers to release property and to owners to pick up property 3. Install a test Police Evidence system on the already existing Contractor test server in the Safety Center Data Center, so that users can test how it adheres to the design document. 4. Populate the configured database with the converted data. 5. Install any hardware necessary to fully test the test system. City will: 1. Provide access to test server environment. 2. Provide and approve the values to be entered into the look up tables to validate entries into key fields. Many of these values, e.g. crime charges, locations, etc. will already be part of the current evidence system, but any additional values for those tables or additional tables, which the City may want, will be provided. New City Attorney Approved Version #05.06.08 17 tables with many entries may be entered into a spreadsheet and Contractor can import them. 3. Assist Contractor with installation of any necessary hardware. Task 7: City Review and Approval of Test System and Converted Data. The purpose of this task is to ensure that the functionality of the system is as specified in the design document and that the test data conversion was successful. Contractor will: 1. Review the functionality of the test system with the City and work jointly with the City to resolve any issues. 2. Make necessary changes in the test system in order to conform to the design document. 3. Make any necessary changes to the DTS in order to correct errors in data conversion. 4. Do successive test data conversions until issues with the DTS are resolved City will: 1. Validate the data imported from the current system and notify Contractor of any errors. 2. Review the functionality of the test system for conformance to the design document and notify Contractor of any corrections that need to be made. 3. Notify Contractor of final approval of test system. The City's Project Manager will be responsible for formally notifying Contractor of its approval. Task 8: Equipment Installation and Software Installation on Production servers The purpose of this task is to install the approved software configuration on the Citys production server and to complete the installation of the equipment listed in Exhibit "C". This is done in preparation for preliminary acceptance, training and production use. Contractor will: 1. Install the approved configuration in the test system on the City's production server. 2. Install and show City's IT technical staff how to install all hardware listed in Exhibit "C". City will: 1. Provide production servers. 2. Assist Contractor in the installation of equipment and software. City Attorney Approved Version #05.06.08 18 Task 9 Preliminary Acceptance Following installation, Contractor with the City's Project Manager or other authorized person will operate the system to demonstrate that it meets the requirements and functions without serious errors. Should any be encountered they will be fixed immediately and demonstrated. Demonstration of corrected errors may be conducted remotely. The procedures for this process are detailed in Exhibit "E", Preliminary Acceptance. Task 10 Training All training will be completed before the Police Evidence System goes into production as specified in the Training Plan (Exhibit "F") Task 11 Final Acceptance Test Period Following completion of all tasks identified in this Agreement, a mutually agreed to "go- live" date for the Police Evidence System will be determined. On that date, the City will begin a forty-five (45) day Final System Test period. The purpose of the final system acceptance test period is to verify that all Police Evidence system, hardware and software defects found during Task 9 have been successfully repaired and that all requirements of this Agreement have been successfully completed by Contractor. The Final System Test will be considered successfully completed when: 1. The Police Evidence system has run continuously without any serious errors 2. Minor errors found during the Final System Test have been remedied 3. The Police Evidence system has run continuously with an uptime standard of 99.95% For purposes of this Agreement, a serious error will have occurred if: 1. The City has essentially no effective use of the Police Evidence system. 2. A key function or operation of the Police Evidence system is substantially impaired and impacts the City's safety services operations. When serious errors occur, the City will immediately and in writing describe the error, in what function it occurred and what keystrokes or mouse clicks the user had performed immediately prior to the error. The 45-day Final System Test period will start anew after Contractor installs corrections to remedy such serious errors. Errors that are not serious as defined above will be corrected before the completion of the Final System Test. City Attorney Approved Version #05.06.08 19 Exhibit "B" Technology Requirements & Standards Server City will provide the server to run the Police Evidence system. The operating system will be Windows Server 2008 running under ESX Vmware. The City will also provide a database server running Microsoft SQL server 2008. All data will be stored on the Safety Center Compellent SAN. City will provide Uninterruptible Power Supply (UPS) protection. The Police Evidence system will be backed up using IBM Tivoli. The City provided server will undergo security review before and after installation of application. It is expected that all Police Evidence system components will function correctly with all current patches and standard security protocols such as Antivirus, and all appropriate Microsoft updates. Prior to the first training session, the Contractor will program all system components, any linking commands, configure all database shares, and test the entire Police Evidence system to ensure each feature functions correctly. Contractor is responsible for installing all software necessary for Police Evidence system, including but not limited to the server application, the client application and performing whatever configuration of those is necessary. The Police Evidence system will use the existing SQL server running with the following specs: • Intel Xeon 64-bit processor running at 3.0 GHz • 4 GB of RAM • 10 GB available for database storage • Windows Server 2008 64-bit • SQL Version 2008 Contractor guarantees that the server specification below will support the Police Evidence system application/web server. • 2.8 (or better) GHz Pentium 4 or greater processor speed • 4 GB of Random Access Memory (RAM) • 40 GB Operating System • 2.0 TB Data Storage (sized for 5 years) • Windows Server 2008 • .Net Framework 3.5 • IIS 7.0 City Attorney Approved Version #05.06.08 20 Remote Connection to Server Contractor's ability to provide both warranty and on-going annual support assumes quick, periodic access to the server, to install the application, provide upgrades, and diagnose problems. Remote access will be provided using Contractors remote support tool (Inter-tel). If for some reason, the Contractor's remote support tool no longer is effective, Contractor is amenable to using the City's web based SSL VPN. Workstations (clients) The Police Evidence system to be installed is completely web based and therefore does not require installation of client software other than a web browser. The Police Evidence system will be accessed on City provided workstations with the following minimum hardware and software specifications: • Pentium III or greater processing speed (Pentium IV is recommended) • 1 GB of RAM • 5 GB of free hard disk required. • USB ports for wedge scanner, and. signature capture option • Windows XP Professional or later • Internet Explorer version 7.0 or greater The Police Evidence system will be accessed from workstations at the Safety Center in the City's Active Directory domain (Carlsbad) and also the mobile workstations in the police vehicles in the police Active Directory domain (Safety). For example, an officer must be able to start entering evidence from a police mobile in the Safety domain, and complete the entry from a desktop in the City's Carlsbad domain. Barcode scanner requirements Contractor guarantees that MC 3000 barcode scanners will connect to the City's existing 802.11 wireless network and allow for real-time upload of data to the Police Evidence system. This will require the devices to use WPA2 protected EAP encryption. Contractor also guarantees that MC 3000 scanners will be capable of running in a "disconnected" state, using a separate software application if necessary. City Attorney Approved Version #05.06.08 21 Digital Evidence The Digital evidence system will accept and store and authenticate any digital file type. All digital evidence metadata will be stored and available to the user if necessary. The Police Evidence system will store both information about the physical evidence and the digital evidence and associate that evidence with a case number. The same user interface will be used to enter and view both types of evidence. It will be apparent to the user what types of evidence exist for a case. For example, while viewing the screen that lists the physical evidence for a case, there will be a link to the digital evidence for the case as well. City Attorney Approved Version #05.06.08 22 Exhibit "C" Project Cost Equipment Two heavy duty printer network printers (2,080 ea.) 3 $2,080.00 $6,240.00 Cutter 3 $720.00 $2,160.00 3" x 2" tags stock and ribbon for + 24K tags. $600.00 $600.00 SATO CG Portable barcode printer $695.00 $695.00 Two tethered scanners USB (215 ea.) 2 $215.00 $430.00 Five year mail in maintenance incl. Two signature pads 1" x 5" backlit (395 ea.) 2 $395.00 $790.00 Signature pad three year mail in maintenance (only option available) incl. Two MC 3000 mobile scanner (includes license) 2 $1,895.00 $3,790.00 Wireless upgrade for the mobile scanner (lea. @ 500) 2 $500.00 $1,000.00 Subtotal $15,705.00 Sales tax $1,374.19 Total Equipment cost $17,079.19 Hardware Maintenance Printer: Two year mail in maintenance without print head replacement 3 $275.00 $825.00 Cutter: two year mail in maintenance 3 $97.50 $292.50 Portable Printer: Two year mail in maint no print head replacement $195.00 $195.00 MC 3000 five year mail in maintenance 2 $520.00 $1,040.00 Total Hardware Maintenance $2,352.50 Software Core Software License $32,500.00 Enhancements (Data conversion, Signature capture, Attach files, Report Writer) $15,500.00 Submission rejection module $3,500.00 Wireless enabling software for the mobile scanner $2,500.00 Box management for the mobile scanner $3,500.00 Total Software Cost $57,500.00 Services: Installation and Training $7,500.00 Total Property and Evidence $84,431.69 Digital Evidence Project Cost Core Software License $33,500.00 Services Installation and Training $5,500.00 Total Digital Evidence $39,000.00 Total Project Cost Quetel $123,432.00 City Attorney Approved Version #05.06.08 23 Exhibit "D" Payment Schedule Milestone Payment Schedule Upon completion of: Task 1-4: Review and Approval of Design Configuration Task 5-7: Review and Approval of Test System and converted data Task 8-9: Preliminary Acceptance Task 10: Training Task 11: Final acceptance City will pay contractor: 20% 25% 25% 20% 10% plus retention $22,218 $27,772 $27,772 $22,218 $23,452 City will withhold 10% of every invoice until Final acceptance has been completed. 24 City Attorney Approved Version #05.06.08 Exhibit "E" Preliminary Acceptance The functions that will be demonstrated by Contractor on the production Police Evidence system during Task 10 of Exhibit "A" include but are not limited to: Enter and query data and images 1. Enter several records in each of the look up tables such as: a. Add users to the user table b. Add locations to the location table 2. As an officer add two cases using the officer module including at least the following steps: a. Enter physical evidence b. Assign and print barcodes c. Put in locker d. Print report forms e. Enter digital evidence including an impression with a RAW file f. Print receipt g. Annotate one or more images h. Add additional evidence to one of the two cases 3. As a property officer accept physical evidence a. Put physical items away on the shelf using the mobile scanner b. Verify that the move was recorded in the history 4. Query that the item and the digital records have been entered into the active database 5. Query by case 6. Verify that the physical evidence records are in the active database 7. Show that the history records reflect that they have been submitted, accepted, and moved to the proper shelves 8. Display the attached reports that were automatically attached 9. Verify that the images are in the active database 10. Verify that item image shows as Authenticated 11. Show that the history records their submission, annotation, and access 12. Edit one or two item and image records 13. Check history tables to verify the edits 14. Test the query capability physical evidence a. Build searches for physical evidence using different fields and save i. By case ii. By person iii. By submitting officer b. Run queries and verify that they return the expected records c. Sort on a non-default column d. Print the browse grid e. Add a field to the browse grid and move it to the desired position f. Remove a field g. Verify that the added fields is positioned properly and the deleted field gone 15.Test the query capability for digital evidence a. Build searches using different fields and save City Attorney Approved Version #05.06.08 25 i. By photographer ii. By case iii. By case investigator 16. In the Image TraQ module, query a case with an impression image 17. Measure and calibrate the image 18. Save the calibration 19. Print the image in a 1:1 ratio 20. Using Photoshop make some enhancements to another image 21. Save the enhancements 22. Compare the original authenticated image with the enhanced image 23. Print the comparison images 24. Copy the two images to a CD 25. Verify that they copied 26. Print the images on the case 27. Enter a case as an officer and reject one or more items 28. Make sure his/her email is set to that of one of the testers 29. Check that the email arrived at the prescribed email address 30. Correct email address, as needed 31. Transfer one or more physical evidence items from one location to another 32. Use the signature pad 33. Verify that they item and history records record the transfer 34. Print the chain of custody to show the signature Reports 1. Build, save, and run an ad hoc report 2. Narcotics items submitted for the prior month 3. Assumes narcotics items are separable by category for other items 4. Modify and save the above report to permit selection of any category 5. Run the report and check that it prompts for category Build and run notifications letters 1. Create an (investigator) letter requesting release authorization based on a case query 2. Email to account that can be verified (e.g. a tester) 3. For owners create a letter requesting retrieval of unneeded property based on a case query City Attorney Approved Version #05.06.08 26 Exhibit "F" Training Plan Section 1 Introduction Scope: This training plan describes and defines the training, educational program goals, objectives and standards for supporting the implementation of a Police Evidence system for the City. Contractor software products covered in this Training Plan are Evidence TraQ and Image TraQ. Goal: The goal of this training plan is to make sure all personnel understand the proper use of the software and hardware provided with the Evidence TraQ and Image TraQ. This plan provides a basis for establishing the required learning objectives in all training methods and offers recommended courses. Objectives: The objective of this plan is to train the appropriate City personnel to understand how to • Enter the descriptions of physical and digital evidence into the system and upload digital evidence • Maintain that data and images throughout the their complete life cycle • Retrieve that data and images • Report on that data Note: Contractor will not provide for instruction in the operation of the Photoshop software whose use is permitted in Image TraQ. Section 2 User Levels This plan outlines five separate levels of users and maps skills against them so that managers overseeing the two evidence functions can adequately train personnel, thereby gaining more efficient operational use of the data the systems contain. Database Administrator - The City's IT Administrators will not be involved in the day- to-day tasks of the Property and Evidence Room and will concentrate of tasks that can be performed from the Server Room. The City's IT Administrators will be responsible for the installation and re-installation of the software on the server, on mobile scanners, short cuts on PCs. Skill Level • Extensive experience in the Microsoft SQL operating system • Formal training in Networking • A strategic view of the domain and interaction with all external domains • Ability to work independently to quickly and completely solve problems • Debugging Network Problems City Attorney Approved Version #05.06.08 27 • Ability to train Application Administrators Application Administrator - The Application Administrator is normally a manager who is responsible for the assignment to user groups' employees for each of the two systems, administration of various tables such as Data Tables and Lookup tables and for training they will be responsible for training new System Users. Skill Level • Strong communications skills. (Can explain solutions for problems to users and other Administrators.) • Maintain and enforce adherence to City procedures with regard to physical and digital evidence • Strong knowledge how to user Windows Operating Systems and Applications System User - The System Users are the property and evidence room staff and crime scene investigators. These are the work-horses of the systems. They perform the day- to-day tasks that keep them running smoothly. Skill Level • Strong knowledge of Windows Applications • Attention to detail Trainers - The Trainers are the City employees that will be responsible for training the Officers in the Electronic Property Report Form. These may be the system users, because of their familiarity with procedures and standards Skill Level • Strong knowledge of Windows Applications • Strong communications skills • Strong knowledge of Teaching Theory Officers - The Officers will be responsible for entering physical and digital evidence into the systems and using at least the physical evidence portion for viewing records, etc. Skill Level • Familiar with Personal Computers • Familiar with Web Browsers City Attorney Approved Version #05.06.08 28 Section 3: Training Classes Class: System Users and Application Administrators Objectives The purpose of this training class is to provide instruction on the day-to-day use of the two TraQ systems. Following training, students should be able to perform all their day-to-day functions. Length and Schedule There are three four-hour sessions, taking place as follows: 1. 2. 3. One afternoon session A morning session on the following day. In the interim require that users enter at least five actual cases of varying complexity on a day or days that the property room is closed to the public. A refresher session two or four weeks later Delivery Method The training will entail class room instruction, with a one-to-one relationship between attendees and computer workstations. Students will be provided instruction on how to perform a specific function in a hands-on environment to assist with their learning the system, and how to adapt the system to their environment. Content Database Overview Components of the virtual table, which displays, cases, people, and items Box Table Look-Up Tables History Image pointers and directory structure Data entry/editing Item Officer screens Physical evidence Digital evidence Barcode Printing Recording locker placement Saving a Record Printing forms Physical evidence acceptance screens Data Entry aides Drop Down Menu Calendar drop downs Tab or Mouse Movement Enter additional records later Case Data is repeated City Attorney Approved Version #05.06.08 29 Queries Building a simple query Operators (data type specific) Building an advanced query Adding Conditions ("and" vs. "or") Using Brackets in an advanced query Building an "Ask Later" query Enter Ask Later Prompt Saving Queries Selecting an Existing Query Quick Queries Browse Grid Shows items in query Click on item to get underlying record detail Sort browse grid and column values Change column widths Print browse grid Configure columns Transfers (physical evidence) Scan to Location Scan or key Assignee (custodian) Enter Reason Scan Barcode Report builder Reports Overview Reports Concepts Building a Report Selecting a Report Modifying an Existing Report Copying a Report Report Options Other reports forms and letters Inventory Reports Chain of custody Letters Officers Owners Delete record Not yet saved Record is saved Suppress record, does not allow reuse of barcode number Attachments: Attach a File City Attorney Approved Version #05.06.08 30 Images: Upload Annotate Query and view (crime scene technicians) Copy (crime scene technicians) Calibrate (crime scene technicians) Compare (crime scene technicians) Print (crime scene technicians) Mobile Computer Software (physical evidence) Move between storage locations Transfer Inventory Manage Boxes Class: Application Administrators Objectives In addition to learning the day-to-day operations of Evidence TraQ and Image TraQ; Application Administrators will have an additional training session to train them in administering various supervisorial functions. Following training, students should be able to perform the application administration duties. Delivery Method The training will entail classroom instruction, with a one-to-one relationship between attendees and computer workstations. Each student will complete hands-on exercises to assist with their learning. In addition, students and the instructor will discuss how to best use Evidence TraQ and Image TraQ while working within the City's environment and procedures Length One two-hour session. Content Look-up Table Maintenance Necessity of preparing lists ahead of time Adding and editing Deactivating values Security Putting Users in Groups Deactivating a User City Attorney Approved Version #05.06.08 31 Class: Database Administrators Objectives Database Administrators will learn how to install the Property and Evidence Software on the workstations and the mobile computer devices. In addition, they will learn how to set up various User Groups for Evidence TraQ and Image TraQ. Length Training Time: One two-hour session Delivery Method The training will entail classroom instruction, with a one-to-one relationship between attendees and computer workstations and mobile computers. Each student will complete hands-on exercises to assist with their learning. Content Installing Evidence TraQ and Image TraQ on server Installing Evidence TraQ in the Mobile Computers Creating User Groups Class: Trainers Objectives Trainers are the City employees whose responsibility will be to train the Officers in the description and submission of physical and digital evidence as well as the query browser. Length Training Time: One two-hour session Content Electronic Property Report Form Printing Barcodes Printing forms/reports Queries Delivery Method The training will entail classroom instruction, with a one-to-one relationship between attendees and computer workstations and mobile computers. Each student will complete hands-on exercises to prove with their full understanding. City Attorney Approved Version #05.06.08 32 Class: Officers Objectives The City's Officers will be trained by the City's Trainers. Officers will be trained the operation of the physical evidence description screens and digital evidence description and upload. Length Training Time is will be one two-hour session. Delivery Method The training will entail classroom instruction, with a one-to-one relationship between attendees and computer workstations and mobile computers. Each student will complete hands-on exercises to prove show they have mastered data entry and query. Content Access short cut Electronic physical evidence report form Enter a new case Add Involved People Add New Items Cash Firearms Narcotics Edit un-submitted physical evidence Edit People Print barcodes Record locker number Print reports Submit Upload images Enter a new case Add Involved People Upload images Annotate images Queries physical evidence and digital evidence Query Types Case Person Investigator City Attorney Approved Version #05.06.08 33 Exhibit "G" Software License 1. License 1.1 Contractor hereby grants to the City a perpetual, irrevocable, non-transferable and non-exclusive license to use all Contractor application software provided under this Agreement to: (a) operate the System; (b) conduct internal training and testing; and (c) perform disaster recovery, backup, archive and restoration testing, and implementation. 1.2 The license for each Contractor application product will become effective on the date the product is used by the City in a live environment. The City may use the Contractor application software on any equipment at any City facility and may make as many copies of the software as it desires to support its authorized use of the software, provided the copies include Contractor's or the third-party owner's copyright or other proprietary notices. 1.3 Contractors granting of and the City's use of the Contractor application software does not constitute a waiver of the City's right to reject the system, in whole or in part. 1.4 The license fee for the Contractor application software shall be payable by the City in accordance with the terms of this Agreement. 2. Restriction on Use and Transfer of the Contractor application software The City may not copy the Contractor application software (except as allowed in Section 1.2) or otherwise make the Contractor application software available, in whole or in part, to any other party, and may not take any action to modify, reverse assemble or reverse compile the Contractor application software, or any part thereof. The City may not sell, assign, give, sub-license in any manner or otherwise transfer by operation of law or otherwise, this license or said programs to any third party without prior written approval by Contractor. 3. Ownership and Protection of Confidential Information 3.1 Contractor shall at all times retain sole title to and ownership of the Contractor application software, except that title to and ownership of any portion of the Contractor application software that is owned by a third party shall remain with the applicable third party, such as Microsoft operating and database systems, Infragistics utilities for creating controls, barcode and signature capture software, bar code printer utilities, etc. 3.2 The Contractor application software and the associated documentation contain copyrighted and/or proprietary information of Contractor. The City may not disclose or otherwise make available the Contractor application software or the associated documentation to any person other than the City's employees for the purposes necessary for the City's use as authorized herein. The City may not remove or alter City Attorney Approved Version #05.06.08 34 any copyright notices or any other proprietary legends in the application software or the associated documentation. The City must take such steps as are reasonably necessary to ensure continued confidentiality and protection of the Contractor application software and the associated documentation as required hereunder and to prevent unauthorized access thereto or use thereof by any of the City's employees or any other entity. The provisions of this paragraph shall survive any termination of the license granted hereunder except as provided by law with which the City complies. 4. Limitation of Liability Except for Contractor's liability arising out of the manufacture, sale or supplying of the Contractor application software or its use or disposition, shall not exceed the license fees paid by the city under this Agreement. In no event shall Contractor be liable to the City or any other person or entity for special, incidental or consequential damages (including, but not limited to, loss of profits, loss of savings, loss of data or loss of use damages) arising out of the use or disposition of the Contractor application software. In no event will Contractor be liable for any claim brought by the City more than two years after the cause of action arose or reasonably should have been discovered. 5. Maintenance The City may obtain from Contractor software support services. Software maintenance commences one year from Final Acceptance of the Police Evidence system. 6. Export Law City may not export or otherwise transfer the Contractor application software outside the United States unless done in full compliance with the U.S. Export Administration Act and any other laws or regulation governing the export of materials of such nature. 7. General 7.1 If any provision hereof shall be deemed by any court to be invalid, illegal, or unenforceable, such provision will be enforced to the maximum extent permissible by law, and the validity, legality and enforceability of the remaining provision hereof shall not be affected or impaired. 7.2 This License and the underlying Agreement in which it is included supersede all prior agreements and understanding between the City and Contractor related to the Contractor application software and is intended to be the complete and exclusive statement of the terms of the City's license to use the Contractor application software. 7.3 This License shall be governed by, and construed in accordance with the laws of the State of California City Attorney Approved Version #05.06.08 35 Exhibit "H" Contractor Software Support Services The purpose of this Exhibit is to define the level of service to be provided by Contractor during the Warranty Period and thereafter. 1. TERMS OF AGREEMENT After the Warranty Period of 365 days, the annual cost of software support services shall be $14,475. Subject to appropriations of funds by the City Council, payment for software support services will be paid annually. Software support services can be renewed by mutual written agreement for successive twelve-month periods. Either party at the end of the term or any renewal period can cancel this software support service with respect to all or any of the Software by giving the other party a 60-days written notice. Contractor may, in addition, cancel software support services with respect to any Software that, in its good faith judgment has become excessively abused, modified by other than Contractor personnel, or obsolete, and return any unused funds to the Client. 2. SERVICE OBLIGATIONS During the Warranty Period and for as long as there is a software support agreement between the parties, Contractor shall use its best efforts to remedy any failure or malfunction as follows: 2.1 Priority one failures: 2.1.1 For purposes of this Agreement, a priority one failure will have occurred if (a) the City has essentially no effective use of the Police Evidence system and/or (b) the Police Evidence system does not allow officers to enter data in the system, and after a journeyman-level IT Administrator has rebooted the server, they are still unable to enter data. 2.1.2 Contractor will respond with as many qualified and knowledgeable representatives as necessary within sixty (60) minutes after notification by the City. 2.1.3 Contractor will furnish uninterrupted, continuous efforts to remedy priority one failures on an emergency basis. 2.1.4 Contractor will be available 24 hours per day, seven days per week for resolution of Priority one failures. 2.1.5 Priority one failures which, in Contractor's good faith judgment, are due to the City's sole negligence, operation error, abnormal use, or alteration or repairs not performed or authorized by Contractor, may be repaired by Contractor, and City Attorney Approved Version #05.06.01 36 the City agrees to pay for such services at Contractor's current time and material rates. Contractor will not perform any such services without prior consent and knowledge of the City. 2.2 Major errors and/or malfunctions 2.2.1 For purposes of this Agreement, a major error or malfunction will have occurred if a key function or operation of the Police Evidence system is substantially impaired but the City still has effective use of the Police Evidence system. 2.2.2 Contractor will respond with as many qualified and knowledgeable representatives as necessary within four hours after notification by the City. 2.2.3 Contractor will be available from 8:00am to 6:00pm (EST) Monday through Friday for resolution of major errors and/or malfunctions. 2.3 Technical Support 2.3.1 For purposes of this Agreement technical support is defined as any malfunction or error other than a priority one failure or a major error or malfunction. 2.3.2 Contractor will respond with as many qualified and knowledgeable representatives as necessary within one business day after notification by the City. 2.3.3 Contractor will be available from 8:00am to 6:00pm (EST) Monday through Friday technical support. 2.4 Contractor holidays: Contractor will observe the following holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Contractor may change these holidays upon 60-days written notice to the City. 2.5 Remote support: To provide the most responsive service, the City will provide Contractor with a method to provide support remotely. This method will either be a VPN or a connection to Contractor through Contractor's secure Web site. 2.6 Services outside the scope of this agreement. If in the course of this Agreement the City desires that the Contractor perform support services outside the scope of the software support services defined herein, the procedure described in section 4 of the Agreement, "Changes in Work", shall be followed. City Attorney Approved Version #05.06.08 37 3. LIMITATION OF CONTRACTOR LIABILITY Contractor shall not be responsible or liable for any failure to perform thereunder if such failure is caused by acts of God, strikes or labor disputes, failures of transportation, fire or flood or other casualties, which are beyond circumstance for any incidental or consequential damages or any damages for negligence, with respect to any software held under this Agreement. City Attorney Approved Version #05.06.08 38 Exhibit I Police Evidence Forms This exhibit contains the City's current Police Evidence paper forms that are to be automated by the new Police Evidence system provided in this Agreement. (Remainder of this page left intentionally blank) City Attorney Approved Version #05.06.08 39 CARLSBAD POLICE DEPARTMENT PROPERTY / EVIDENCE REPORT Reporting Officer Assigned Detective Crime Type Relationship Codes: Name (Last, First Middle) or Organization Address (including City, State & Zip) Home Phone Work Phone Sex Date of Birth Additi Name (Last, First Middle) or Organization Address (including City, State & Zip) Home Phone Work Phone Sex Date of Birth Additi CASE#: DATE: PAGE OF ARJIS ID # ARJIS ID # V=Victim O=Owner F=Finder S=Suspect Relationship to Incident V O F S Residence LJ Business Lj onal Information / ID Relationship to Incident V O F S Residence LJ Business LJ onal Information / ID PROPERTY/EVIDENCE INFORMATION Item* Make Quantity Item Description Model Weight ID/Serial Number Cash Deposit OK NO Comments Owner's Name, DOB, Address, Phone # (show only last name if owner previously identified) CLASSIFICATION CHECK ONE ONLY (OFFICER) O Court/Ev D Impound D Found Pr D Destructi dence - - Release aperty Hold for after 48/ D Safek roy at ear :ourt disposition or officer/investigator release 72 hours (personal contact to stop release) :eping D Recovered - Return to owner iest convenience BAR CODE FINAL DISPOSITION (P/E CUSTODIAN) D Returned to Owner D Destroyed D Retained by Court D Auctioned D Department Use D Charity D Case Jacket By: D Other D Agency Date: Item # Make Quantity Item Description Model Weight ID/Serial Number Cash Comments Deposit OK NO Owner's Name, DOB, Address, Phone # (show only last name if owner previously identified) CLASSIFICATION CHECK ONE ONLY (OFFICER) D Court/Evidence - Hold for court disposition or officer/investigator release D Impound Release after 48/72 hours (personal contact to stop release) D Found Property D Safekeeping P Recovered Return to owner D Destruction - Destroy at earliest convenience BAR CODE FINAL DISPOSITION (P/E CUSTODIAN) D Returned to Owner D Destroyed D Retained by Court D Auctioned D Department Use D Charity D Case Jacket By: D Other D Agency Date: ltem# Make Quantity Item Description Model Weight Comments ID/Serial Number Cash Deposit OK NO Owner's Name, DOB, Address, Phone # (show only last name if owner previously identified) CLASSIFICATION CHECK ONE ONLY (OFFICER) D Court/Evt D Impound D Found Prc D Destructic dence - >perty 1 >n - Dest Hold for court disposition or officer/investigator release after 48/72 hours (personal contact to stop release) 3 Safekeeping D Recovered - Return to owner roy at earliest convenience BAR CODE FINAL DISPOSITION (P/E CUSTODIAN) D Returned to Owner D Destroyed D Retained by Court D Auctioned D Department Use D Charity Q Case Jacket By: D Other D Agency Date: Revised 12/17/03 D Receipt Requested ^AKJL&ttAU rUJLlCli, U&VAK. I MfcfN 1 PROPERTY/EVIDENCE REPORT CONTINUATION Reporting Officer CASE #: DATE:PAGE OF ARJIS ID # PROPERTY/EVIDENCE INFORMATION Item » Item Description Make Model ID/Serial Number Cash Quantity Weight Comments Deposit OK NO BAR CODE Owner's Name, DOB, Address. Phone It (show only last name if owner previously identified) CLASSIFICATION CHECK ONE ONLY (OFFICER) D Court/Evidence - Hold for court disposition or officer/investigator release D Impound - Release after 48/72 hours (personal contact to stop release) Q Found Property D Safekeeping D Recovered Return to owner O Destruction - Destroy at ear iest convenience FINAL DISPOSITION (P/E CUSTODIAN) D Returned to Owner D Destroyed D Retained by Court D Auctioned D Department Use P Charity a Case Jacket Bv: D Other D Agency Date: Item # Item Description Make Model ID/Serial Number Quantity Weight Comments Cash Deposit OK NO BAR CODE Owner's Name, DOB, Address, Phone H (show only last name if owner previously identified) CLASSIFICATION CHECK ONE ONLY (OFFICER) D Court/Evidence - Hold for court disposition or officer/investigator release D Impound - Release after 48/72 hours (personal contact to stop release} D Found Property D Safekeeping D Recovered - Return to owner D Destruction Destroy at earliest convenience FINAL DISPOSITION (P/E CUSTODIAN) D Returned to Owner D Destroyed D Retained by Court D Auctioned CD Department Use D Charity D Case Jacket Bv: O Other D Agency Date: Item # Item Description Make Model ID/Serial Number Quantity Weight Comments Cash Deposit OK NO BAR CODE Owner's Name, DOB, Address, Phone it (show only last name if owner previously identified) CLASSIFICATION CHECK ONE ONLY (OFFICER) D Court/Evidence Hold for court disposition or officer/investigator release D Impound - Release after 48/72 hours (personal contact to stop release) D Found Property D Safekeeping D Recovered - Return to owner i — i LJCMruciion uesiroy ai earnest convenience FINAL DISPOSITION (P/E CUSTODIAN) D Returned to Owner D Destroyed D Retained by Court D Auctioned D Department Use D Charity D Case Jacket Bv: D Other D Agency Date: Item tt Item Description Make Model ID/Serial Number Cash Quantity Weight Comments Deposit OK NO BAR CODE Owner's Name, DOB, Address, Phone tt (show only last name if owner previously identified) CLASSIFICATION CHECK ONE ONLY (OFFICER) D Court/Evidence - Hold for court disposition or officer/investigator release D Impound - Release after 48/72 hours (personal contact to stop release) D Found Property D Safekeeping D Recovered - Return to owner D Destruction - Destroy ai ear iest convenience FINAL DISPOSITION (P/E CUSTODIAN) D Returned to Owner D Destroyed D Retained by Court D Auctioned D Department Use D Charity D Case Jacket Bv: D Other D Agency Date: D Receipt Requested Revised 12/17/03 PROPERTY/EVIDENCE FORM San Diego Sheriffs Department SEIZURE DATE CRIME DATE REPORTING OFFICER INCIDENT TYPE DIVISION PAGE 1 OF BILLING CODE SDSO CASE NUMBER INCIDENT LOCATION ID PERSON SUBMITTING (OTHER THAN ABOVE) . ASSIGNED DETECTIVE ID OUTSIDE AGENCY STATION/UNIT OUTSIDE AGENCY CASE* HAS OTHER EVIDENCE BEEN PREVIOUSLY SUBMITTED ON THIS CASE? Q Y Q N JUVENILE CASE 7 D Y D N KEY CASE NUMBER MAIL STOP DETECTIVES PHONE NUMBER PHONE NUMBER LAB SERVICE' D Y D N DATE NEEDED PEOPLE AFFILIATED WITH THE LISTED PROPERTY AFFILIATE TYPE NAME (LAST, FIRST. MIDDLE) RACE HOME ADDRESS, CITY. STATE ZIP SEX DOB AGE HOME PHONE EMPLOYER/SCHOOL INFORMATION (RANK IF MILITARY) BUSINESS OR MILITARY ADDRESS. CITY, STATE. ZIP AFFILIATE TYPE NAME (LAST. FIRST MIDDLE) RACE HOME ADDRESS CITY. STATE ZIP BUSINESS PHONE SEX DOB AGE HOME PHONE EMPLOYER/SCHOOL INFORMATION (RANK IF MILITARY) BUSINESS OR MILITARY ADDRESS, CITY. STATE. ZIP AFFILIATE TYPE NAME (LAST. FIRST MIDDLE) RACE HOME ADDRESS CITY. STATE ZIP BUSINESS PHONE SEX DOB AGE HOME PHONE EMPLOYER/SCHOOL INFORMATION (RANK IF MILITARY) BUSINESS OR MILITARY ADDRESS CITY STATE. ZIP BUSINESS PHONE EVIDENCE INFORMATION SECTION ITEM*LAB SERVICE' ITEM DESCRIPTION QUANTITY D Y D N MAKE MODEL CALIBER VALUE ID'SERIAL NUMBER EVIDENCE TYPE FILE CONTROL * PROP AFFILIATION NAME SEARCH WARRANT' D Y D N PLACE BAR CODE LABEL HERE FINDER WISHES TO CLAIM' D Y D N LAB REQUEST / COMMENT J ITEM* i LAB SERVICE' 1 ITEM DESCRIPTION D Y D N | MAKE 1 i ID'SERIAL NUMBER i j PROP AFFILIATION NAME MODEL CALIBER EVIDENCE TYPE QUANTITY VALUE FILE CONTROL* SEARCH WARRANT' Q Y D N PLACE BAR CODE LABEL HERE FINDER WISHES TO CLAIM' D Y D N ' .AS REQUEST /COMMENT ITEM* i LAB SERVICE'D Y ID.-SERIAL NUMBER ' ITEM DESCRIPTION MODEL EVIDENCE TYPE CALIBER VALUE QUANTITY FILE CONTROL* PLACE BAR CODE LABEL HERE PROP AFFILIATION SEARCH WARRANT' D Y Q N FINDER WISHES TO CLAIM' D Y D N LAB REQUEST / COMMENT EVID-1 (04-2004)Page 1 of PROPERTY/EVIDENCE FORM / ADDITIONAL PROPERTY San Diego Sheriffs Department ITEM* MAKE LAB SERVICE? D Y D N ID/SERIAL NUMBER PROP AFFILIATION ITEM DESCRIPTION MODEL EVIDENCE TYPE SEIZURE DATE CALIBER NAME PAGE QUANTITY VALUE FILE CONTROL * SEARCH WARRANT? D Y O N SDSO CASE NUMBER PLACE BAR CODE LABEL HERE FINDER WISHES TO CLAIM? D Y D N LAB REQUEST ( COMMENT ITEM*LAB SERVICE? D Y D N MAKE ID/SERIAL NUMBER PROP AFFILIATION ITEM DESCRIPTION MODEL CALIBER EVIDENCE TYPE NAME QUANTITY VALUE FILE CONTROL « SEARCH WARRANT? D Y D N PLACE BAR CODE LABEL HERE FINDER WISHES TO CLAIM7 D Y D N LAB REQUEST / COMMENT ITEM* MAKE LAB SERVICE? D Y D N ID/SERIAL NUMBER PROP AFFILIATION ITEM DESCRIPTION MODEL EVIDENCE TYPE CALIBER NAME QUANTITY VALUE FILE CONTROL # SEARCH WARRANT? D Y D N PLACE BAR CODE LABEL HERE FINDER WISHES TO CLAIM? D Y D N LAB REQUEST / COMMENT ITEM* MAKE LAB SERVICE? D Y D N ID/SERIAL NUMBER PROP AFFILIATION ITEM DESCRIPTION MODEL EVIDENCE TYPE CALIBER NAME QUANTITY VALUE FILE CONTROL * SEARCH WARRANT? D Y D N PLACE BAR CODE LABEL HERE FINDER WISHES TO CLAIM? D Y D N LAB REQUEST /COMMENT ITEM*LAB SERVICE? D Y D N MAKE ID/SERIAL NUMBER PROP AFFILIATION ITEM DESCRIPTION MODEL EVIDENCE TYPE CALIBER NAME QUANTITY VALUE FILE CONTROL * SEARCH WARRANT? D Y ON PLACE BAR CODE LABEL HERE FINDER WISHES TO CLAIM?D y D N LAB REQUEST / COMMENTf ITEM* MAKE LAB SERVICE? D Y D N ID/SERIAL NUMBER PROP AFFILIATION ITEM DESCRIPTION MODEL EVIDENCE TYPE CALIBER NAME QUANTITY VALUE FILE CONTROL * SEARCH WARRANT? O Y D N PLACE BAR CODE LABEL HERE FINDER WISHES TO CLAIM? D Y D N LAB REQUEST / COMMENTI EVID-1A (04-2004)Page of CARLSBAD POLICE DEPARTMENT CASE #: PROPERTY/EVIDENCE ITEM(S):. RELEASE REQUEST DATE: PROPERTY: CLAIMANT/AUTHORIZED AGENT I, , hereby certify under penalty of perjury that the above property/money belongs to , and that I am the lawful owner/authorized agent for the lawful owner. I do hereby claim the property with the understanding that any false claims or misrepresentations of fact may result in criminal charges being filed. SIGNED: DATE: NAME (PRINTED): ADDRESS: CITY/ STATE/ZIP: RES./BUS. TELEPHONE NO: PERSONAL I.D.#: : PHOTO: YES / NO MAIL/SHIPPING Checks will be mailed to claimant at no charge. Claimant/Agents may pick up property at the Carlsbad Police Department at no charge. A special handling fee plus estimated shipping charges must be paid in advance for property shipped to claimants. D Special Handling $25 D Additional estimated shipping charge: $ AMOUNT COLLECTED: $ RECEIPT #: BY: RELEASE AUTHORITY D Court Order D Disposed D 1 Year MSD D 3 Years Pel D Found Prop D Safekeeping BY: DATE: DOther non-standard release, reason: BY: APPROVED: DATE: STATION RELEASE Above property released by: DATE: Above property received by: DATE: Revised 8-9-99 11-9 HH Evidence Processing Request Case Number: # Victim: Requested By: Request for: Q] Fingerprints Crime Type: Suspect: Date of Request: I | Other (Please specify which items): Item Number Item Description Prints DNA FOR LABORATORY USE ONLY Processed by: Date: | | Prints Located | | NO Prints Located Process Used: [~~] Visual | 1 Fume | 1 Black Magnetic Powder | [ Bi-Chromatic Powder [~1 Ninhydrin Q Photograph | | PI Other: D CALID Request n Black Powder G Dye Stain Alternate Light Source Additional Information: San Diego County SHERIFF'S DEPARTMENT BOOKING INTAKE / PERSONAL PROPERTY INVENTORY FIRST TWO BOXES TO BE COMPLETED BY JAIL STAFF Jail Booking Number Assigned Pre-lntake Clerk ID #Agency Case # PERSONAL INFORMATION PROPER COMPLETION OF THIS FORM WILL EXPEDITE YOUR BOOKING Name: Last, First Middle Suffix Race Sex Age Alias Names: Last, First Middle Suffix Height Weight Hair Eyes Place of Birth: City / State / Country Home Address Street City State Employer Name Street City State Zip Zip Date of Birth (mm/dd/yyyy) Passport # Citizenship (Country) Home Phone Work Phone Social Security Number DL, State ID or Other ID Number License State ARREST REMARKS: ARREST INFORMATION Arresting Agency Arrest Date / Time Arresting Officer: Name & ID Billing Agency Transporting Officer & ID#: ARREST #1 (Field Charges or Warrant Information) Section Code Description 1 2 3 4 5 PERSONAL PROPERTY INVENTORY PREBOOK ARJIS BOOK ARJIS Cash Accounting (USA Currency Only) X$1 = $ X $2 = $ x$5 = $ x$10= $ x$20= $ x $50 = $ x$100= $ TOTAL $ Sealed Bag w/lnmate Property Delivered to Jail m n YES NO WALLET: Y N PURSE: Y N CELL PHONE.Y N WATCH: Y N YM WM OTHER Location of Arrest (Beat # or Street Address and City) Vehicle Location: U Left At Scene n Towed By: Court Destination: (Circle) SD ELC SBCV NCV TOTAL BAIL AMOUNT: ARREST #2 (Additional Warrants or Additional Charges) Section Code Description 1 2 3 4 5 HOLDS: Li FEDERAL D STATE PAROLE D IMMIGRATION BELT: Y N KEYS: SHOES: MEDICATIONS: GLASSES:Y N Y N Y N Y N RING: Y N NECKLACE: Y N EARRING: Y N YM YM WM WM OTHER OTHER YM WM OTHER ADDITIONAL PROPERTY REMARKS: Inmate's Signature Arresting Officer's Signature J-15 10/04 DISTRIBUTION: WHITE-BOOKING YELLOW-INTAKE DEPUTY PINK-ARRESTING OFFICER GOLDENROD-INMATE San Diego County SHERIFF'S DEPARTMENT REGIONAL CRIME LABORATORY SUPPLEMENTAL INFORMATION WORKSHEET REQUIRED FOR DMA ANALYSIS REQUESTS WITH POSSIBLE CODIS ENTRY SDSO Case #: Crime Type: Collecting Officer: Victim Narne(s): ID#: SDSO Division or Outside Agency: Crime Date: Assigned Detective: ID #: Outside Agency Case #: Date of Request: Contact Phone #: Suspect Name(s) or Unknown: Is there a known suspect(s) in this case? Yes D No If yes, has reference sample(s) been submitted? Yes No Is it likely that there is more than one possible perpetrator of the crime? | | Yes | | No Maybe Note: If there is a named suspect(s) in this case and you want to compare evidence samples to a known individual(s), a "reference oral swab" kit should be collected and submitted with the evidence even if the individual(s) is known to have a DNA profile on file in the state or national offender DNA database of CQDIS. _ Is the potential biological evidence believed to have originated from the perpetrator(s) of the crime? Yes D No Note: Only "suspect" evidence profiles are eligible for CODIS entry. Profiles originating from a victim or some other lawful source (i.e. not related to the crime) may not be put into the CODIS database. Are any elimination samples needed? Yes D No n Maybe If yes, have they been submitted? Yes n No Note: If it is possible that the potential biological evidence may have come from a source other than the perpetrator of the crime or may contain a mixture of DNA, e.g. suspect & victim, an elimination sample from the victim(s) or other individuals might be needed. A scenario where this situation might exist would include evidence such as a swab collected from the steering wheel of a recovered stolen vehicle. Please provide any additional information relevant to this DNA lab service request that might be useful for the DNA analyst (e.g. is the biological sample being submitted for possible touch/contact DNA?): 5255 Mt. Etna Dr., San Diego, CA 92117 (858) 467-4600 CL-5 1/07 CARLSBAD POLICE DEPARTMENT PROPERTY / EVIDENCE TRANSMITTAL CASE #: XX-XXXXX DATE: XX/XX/XXXX ITEM#DESCRIPTION The above items have been: D D D D Removed from P/E and I have assumed custody Signed: ID # Returned to P/E Signed: Retained by the court (court receipt attached) Signed: ID# Other: Signed: [~] Receipt Requested F.E.S.; Bryanna M. Toussaint I.D. #5400 CARLSBAD POLICE PHOTOGRAPHIC LIST Case #: 09-02339 (Aerial) Roll #: BT3 Item #: BMT-43A Item # Roll # Photo #Description of Photograph Location By SAA = same as above 49 Page of CARLSBAD POLICE DEPARTMENT Case # PROPERTY/EVIDENCE CASH INVENTORY U.S. CURRENCY X $100 = $ Item# X $ 50 = $_ X $ 20 = $_ X $ 10 =$_ X $ 5 = $_ X $ 2 =$ U.S. COINS X $1.00 = $_ X $ .50 = $_ X $ .25 = $_ X $ .10 =$_ X $ .05 =$_ X $ .01 =$ X $ 1 =$ TOTAL CURRENCY $TOTAL COINS $ TOTAL MONEY $ Counted & Sealed by : Date : I.D.# Time: Verified by:I.D.# Money taken from: Owner's name: Comments: Revised 11-05-04 50 CARLSBAD POLICE DEPARTMENT CASE f PROPERTY/EVIDENCE ITEM(S). CONVERSION REQUEST PROPERTY TO BE CONVERTED CASH: $ ... PROPERTY: REASON FOR CONVERSION PROPOSED USE; REQUEST BY: • . • DATE: APPROVED: , DATE- (CHIEF OF POLICE) AFFIDAVIT The below cash/property was originally received by the Carlsbad Police Department as:D FOUND PROP D SAFEKEEPING Q COURT/EVIDENCEDCONFISCATED QDESTRUCTION DRECOVERED D NO OWNER, D A POSSIBLE OWNER, LI THE OWNER, was identified. The following efforts were made to locate/contact the owner with negative results: D D.M.V. SEARCH, Q Cll SEARCH.D PHONE/INFO SEARCH, D NOTICE(S) MAILED, D OWNER FAILED TO CLAIM. Public Notice (Found Property with a value over $50.00) was accomplished by advertising in the newspaper on BY: CONVERSION AUTHORIZATION After reasonable effort the Carlsbad Police Department has been unable to locate/contact the owner of the above cash/property. Under the authority of section 2080.4 California Civil Code and section 3.30.050 Carlsbad Municipal Code, I authorize the above cash/property to be retained for use by the City of Carlsbad. BY: DATE: (CITY MANAGER) CASH TRANSFER On .19 a total of $ . was transferred from the Cash/Evidence account to the General Fund by: Date (Finance #882-519-2130-5151) (Finance #001-810-0000-8331) 02-17-94 51 CARLSBAD POLICE DEPARTMENT CASE # PROPERTY/EVIDENCE ITEM # CASH DEPOSIT DEPOSIT AMOUNT $ RECEIPT #. DATE:. (Finance #' 886 2133 2720} P/E CUSTODIAN: '_ FINANCE: SUPERVISOR (OVER $1,000.00) , PROPERTY/EVIDENCE CUSTODIAN D Attach receipt to rear of the original CASH DEPOSIT form. n Forward the original CASH DEPOSIT form to the Investigations secretary. n Place a copy of the CASH DEPOSIT form in the P/E case file. INVESTIGATIONS SECRETARY D Record CASH DEPOSIT in cash/evidence ledger, BY: DATE: _____ Q File the original CASH DEPOSIT form and cash deposit CLAIMED PROPERTY/EVIDENCE CUSTODIAN D Forward the RELEASE REQUEST and REQUEST FOR REFUND to the Investigation's Secretary. D Place copy of the RELEASE REQUEST form in the P/E file. INVESTIGATIONS SECRETARY D Verify funds. D Have Investigation's Commander or Chief of Police sign REQUEST FOR REFUND. D Forward REQUEST FOR REFUND to the Finance Department, place copy in file. Credit the cash/evidence ledger, BY: . DATE:. D After audit return the CASH DEPOSIT, cash receipt, REQUEST FOR REFUND (copy) and RELEASE REQUEST to P/E UNCLAIMED PROPERTY/EVIDENCE CUSTODIAN D Forward CONVERSION REQUEST form to the Investigation's Secretary. D Place copy of the CONVERSION REQUEST form in the P/E file. INVESTIGATIONS SECRETARY n Verify funds D Have the Chief of Police and City Manager sign CONVERSION REQUEST D Forward CONVERSION REQUEST to the Finance Depart, place copy in file. n Credit the cash/evidence ledger, BY: DATE: D After audit, return the CASH DEPOSIT, cash receipt, and CONVERSION REQUEST to P/E. QUARTERLY AUDIT Trie above transaction was verified. Investigation's Supervisor: Date: Rev: 1-29-98 52 CARLSBAD POLICE DEPARTMENT PROPERTY/EVIDENCE DISPOSITION - AUCTION CASE # INVEN# CL MAKE DESCRIPTION .SERIAL#BAR CODE The above item(s) have been:DISPOSITION INFO Q Sold at public auction Q Dispo = "09" AUCTION n Location = "OUT YR" Signed: Other:. Signed:. REVISED 01-20-94 53 Carlsbad Police Department 08 December 2009 2560 Orion Way Carlsbad, California 92010 Superior Court of the State of California Vista, California RE: Application for the destruction of controlled substances Application is hereby made to dispose of controlled substances no longer needed as evidence in any criminal matter. Attached is a listing of those items we propose destroying. All items listed are either found contraband, evidence in cases the District Attorney has declined to prosecute, or evidence in cases that have gone to court and been disposed of at least six months prior to this date. GARY F. MARTELL Property/Evidence Manager Carlsbad Police Department ends Order for the Destruction of Controlled Substances Listing of substances to be destroyed SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD ORDER FOR THE DESTRUCTION OR DISPOSITION OF CONTROLLED SUBSTANCES IT IS HEREBY ADJUDGED AND DECREED, that the Carlsbad Police Department, 2560 Orion Way, Carlsbad, California, is authorized in accordance with sections 11474 and 11474.5 of the Health and Safety Code of the State of California to destroy or dispose of the controlled substances and paraphernalia on the attached schedules, which have been held for the time prescribed by law. WHEREFORE, IT IS ORDERED AND DECREED, that the following controlled substances and/or paraphernalia be disposed of or destroyed by S.E.R.F., Long Beach, California. Dated: Judge of the Superior Court 55 PROPERTY/EVIDENCE Date: OWNER NOTIFICATION Case#: 09-9999 NAME STREET ADDRESS Oceanside, CA 92056 The Carlsbad Police Department is holding property which belongs to you or may belong to you. To claim this property, Please contact me at (760) 931-2113 or write to: Carlsbad Police Department Property/Evidence Custodian 2560 Orion Way Carlsbad, CA 92010 PROPERTY IS RELEASED BY APPOINTMENT ONLY!! Please refer to the above case number when leaving a message on voice mail. This property MUST be claimed within XX days from DATE. If you are incarcerated, you must make arrangements for someone to pick up your property. This authorization must be in writing and notarized. All unclaimed property is disposed of in accordance with the California Penal Code. NAME Chief of Police BY: NAME, CSO Property/Evidence Custodian 56 PROPERTY/EVIDENCE Date: OWNER NOTIFICATION Case #: 07-9999 NAME STREET ADDRESS Vista. CA 92084 The Carlsbad Police Department is holding a weapon that belongs to you. Effective 1 January, 2005, owners of weapons impounded by law enforcement agencies are required to initiate their own background checks through the Department of Justice. If you do not have internet access, to obtain the documents necessary to initiate this check, please contact me at (760) 931- 2113 or write to: Carlsbad Police Department Property/Evidence Custodian 2560 Orion Way Carlsbad, CA 92010-7280 These documents can be obtained on line at www.ag.ca.gov/firearms. Look under "Law Enforcement Gun Release". PROPERTY IS RELEASED BY APPOINTMENT ONLY!! Please refer to the above case number when writing or leaving a message on voice mail. This property must be claimed within 180 days from DATE . If you are incarcerated, you must make arrangements for someone to pick up your property. This authorization must be in writing and notarized. All unclaimed property is disposed of in accordance with the California Penal Code. NAME Chief of Police BY: NAME, C.S.O. Property/Evidence Custodian 57 COQ •3Z d)0_ £ -n Q. < Q) O.a _2o .y Q) °- Etoz g§§ siEo V £5"Scc Do !s CDtt) c *4™c *dotn0)O ^O 0) _c * '-J • ;; < i - • ._•--•i D Io0} -d O Q D F <u H>§ y •— it « cr->-i Q. a)^ a) cr.ig.*0) rf O0^0) <U m -CCC § 0 Q 9 •Q !C 'C 3=5 Q 1 15 '•8 ^5c'C ^^o ffl ^>. C<3 tr\ c S 5" II 111s Ddl" 58