HomeMy WebLinkAboutAgenda Report - June 16, 2021 C-13AGENDA ITEM (243
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute User License Agreement
for Racial and Identity Profiling Act (RIPA) Data Collection Application Software
Allowing the Lodi Police Department to Comply with the State of California's
AB953 Expanded Pedestrian or Traffic Stop Reporting Requirements with True
Blue Solutions, LLC dba. RIPALog, LLC of San Jose, CA ($17,200)
MEETING DATE:
PREPARED BY:
June 16, 2021
Chief of Police
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute user license
agreement for Racial and Identity Profiling Act (RIPA) data
collection application software allowing the Lodi Police Department
to comply with the State of California's AB953 expanded Pedestrian
or Traffic Stop reporting requirements with True Blue Solutions, LLC
dba. RIPALog, LLC of San Jose, CA in the amount of $17,200.
BACKGROUND INFORMATION: Since 1981, the California Department of Justice has collected data
from law enforcement agencies on citizen complaints against peace officers, including the number of
complaints received, the number alleging either felony or misdemeanor criminal conduct, and the number
sustained in each category. AB 953: The Racial and Identity Profiling Act expanded the type of
complaints that agencies are required to report to the Department of Justice, as well as the specific data
to be reported for complaints.
Specifically, beginning January 2016, in addition to reporting on citizen complaints received by law
enforcement agencies under Penal Code section 832.5 and citizen complaints alleging felony or
misdemeanor criminal conduct, AB 953 requires California law enforcement agencies to begin collecting
and reporting data on complaints that allege racial or identity profiling. AB 953 also expanded the
definition of racial and identity profiling, to clarify that it is "the consideration of, or reliance on, to any
degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or
expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a
stop or in deciding upon the scope or substance of law enforcement activities following a stop, except
that an officer may consider or rely on characteristics listed in a specific suspect description." The entirety
of the new definition can be found in Penal Code section 13519.4, subdivision. (e).
In addition to requiring the collection and reporting of data regarding citizen complaints that allege racial
or identity profiling, AB 953 expanded these requirements to require all city law enforcement agencies in
California to collect perceived demographic and other detailed data for every pedestrian or traffic stop.
The data to be collected includes, among other things, the perceived race or ethnicity, gender, and
approximate age of the person stopped, as well as other data such as the reason for the stop, whether a
search was conducted, and the results of any such search. Law enforcement agencies subject to this
reporting requirement must report this data to the California Attorney General's Office every year, with
specific reporting deadlines set forth in the statute. (Gov. Code, § 12525.5, subd. (a) —(g).)
APPROVED:
Stephen Sch ba r, City Manager
Adopt Resolution Authorizing City Manager to Execute User License Agreement for Racial and Identity
Profiling Act (RIPA) Data Collection Application Software Allowing the Lodi Police Department to Comply
with the State of California's AB953 Expanded Pedestrian or Traffic Stop Reporting Requirements with
True Blue Solutions, LLC dba. RIPALog, LLC of San Jose, CA ($17,200)
June 16, 2021
Page 2
The bill requires an agency that employs one or more but less than 334 peace officers to issue its first
annual report by April 1, 2023. This is the agency size that the Lodi Police Department is included in for
reporting requirements. Officers must start collecting perceived information on every pedestrian or traffic
stop to include:
1. Observed age, race, gender, disabilities (not from an ID)
2. Date, time, and location of the stop
3. Reason for the stop
4. Actions taken during the stop
5. Search information
6. Evidence found
7. Property seized
8. Result of the stop
Due to this approaching reporting deadline the department had to come up with a solution to collect the
required data that would have the least amount of impact on the officer's time. After some research done
by police command personnel they received a presentation from a RIPALog representative on a phone
application they had developed and implemented to fulfill the need to collect and report RIPA required
data.
RIPALog has created an app that makes it easy for officers to report the required stop data using their
cell phone or tablet. The app makes sure the required data is collected in the required format, avoiding
re -work. The RIPALog app streamlines the reporting process, allowing officers to comply with the law
quickly, and free up their time for important policing duties. Officers use the app to log the details of their
interaction with the resident and the app ensures the stop data is complete, and complies with the law.
Then command staff reviews the reports for completeness and has the opportunity to approve or reject
them. Stop data log reports are then created in accordance with the California RIPA legislation (AB 953),
and automatically formatted and submit the CA DOJ each year. The app also allows command staff to
pull reports at any time to ensure compliance.
The RIPALog app is the solution that the Lodi Police Department has found to comply with the Racial and
Identity Profiling Act Stop Data Regulations. It is easy to use, Department of Justice Compliant, and will
save our officers time. The initial cost of the application is a onetime base license fee of $10,000 and an
annual subscription of $7,200. For the initial cost we will use 2020/21 salary savings and budget the
ongoing annual cost.
FISCAL IMPACT: Onetime base license fee of $10,000 and an annual subscription of $7,200
totaling $17,200.
FUNDING AVAILABLE: 10032000.72369 — Software Licensing Cost
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
S77e�'vz�#.
Sierra Brucia
Chief of Police
RIPALog, LLC Agreement Number: 202105-107
End User License Agreement
THIS AGREEMENT is between RIPALog, LLC C'RIPALog'� and the entity purchasing and using the
software (" Agency's and the individuals accessing the software (''Users'l. This Agreement describes
Agency's right to access and use RIPALog's app software and Web services (collectively, the
"Services'.
1. License Grant. Subject to the terms of this Agreement, RIPALog grants Agency a limited,
non-exclusive, non -transferable license to use the Services for Agency's internal business purposes
only, and to make printed or electronic copies of any reports, numeric results and other information or
materials generated from Agency's Users' access and use of the Services. Agency will provide access to
the Services only to Agency's Users. Any updates, modifications, enhancements or new versions of the
Services that RIPALog makes available to Agency will be Services for purposes of this Agreement.
2. Setup and Customization. Agency will provide RIPALog with all information required for
setup of Agency's RIPALog Services and registration of Agency's administrator for the site
(''Administrator'. RIPALog will create any necessary logins and passwords for Agency's Administrator.
Agency is responsible for registering all Users. During the Term, Agency may enroll as many Users as
required. On request, RIPALog will create a customized look and feel for Agency's Services and Agency
will pay for all changes identified with that customization.
3. Content. If, in using the Services, Agency or a User uploads, records or otherwise transmits
any content to RIPALog's servers, Agency is solely responsible for that content. Neither Agency nor
Agency's Users will use the Services or upload, record or otherwise transmit any content that (a)
infringes a third party's proprietary rights, rights of publicity or rights of privacy, (b) violates any law,
statute, ordinance or regulation, (c) is defamatory, libelous, threatening, harassing, obscene, harmful
or pornographic, or (d) contains any viruses or other software that is intended to damage or interfere
with (or surreptitiously intercept or capture) any system, data or personal information.
4. Technical Support. RIPALog will provide technical support for the Services to Agency's
Administrator. RIPALog's support obligation will be limited to telephone support during RIPALog's
normal business hours (8:30 a.m. to 5:30 p.m. Pacific Time, Monday through Friday - excluding
holidays). Technical support will address issues related to use of the Services but will not include
issues related to a User's Internet connectivity or computer hardware. RIPALog will maintain the
Services and maintenance will normally be performed each Sunday between 7:00 p.m. and 4:00 a.m.
(Eastern Time). During scheduled maintenance, the Services may not be available for use. If the
Services are unavailable, other than during regularly scheduled maintenance, for a period of at least 24
hours, Agency's next annual subscription will include a pro -rated credit equal to the unscheduled
downtime. Such credit will be Agency's only remedy for unscheduled downtime. Because of the
inherent qualities of the Internet, RIPALog cannot prevent and, therefore, is not responsible for
inadvertent security breaches, nor is RIPALog responsible for any failure to maintain the confidentiality
of any information.
S. Ownership. RIPALog and its licensors will own and retain all applicable copyrights,
trademarks, service marks, trade dress, trade secrets and other intellectual property rights in the
Services and all related items, including any enhancements or derivative works, whether or not
RIPALog, LLC • tel 877.IT4.COPS • fax 877.484.2677 • www.RIPALog.com
5655 Silver Creek Valley Road #316, San Jose, California 95138
authorized. All graphics, logos, service marks and trade names, including third -party names, product
names and brand names (collectively, "Marks's relating to the Services are owned by RIPALog or its
affiliated entities. RIPALog reserves all rights related to the Marks not expressly granted in this
Agreement.
6. Data Ownership. Agency will retain ownership of all data entered by their Users. Except as
required by features of the Services, RIPALog will not share the Users' or Agency's data without prior
consent of the Agency.
7. Limitations on Use. Agency and Agency's Users will not, nor will they permit others to, do
any of the following: (a) sell, distribute, transmit or otherwise provide access or use to any person not
authorized by this Agreement, (b) store Services in any information storage and retrieval system which
provides access to persons not authorized by this Agreement, (c) rent, sublicense, lease or assign any
license to the Software to anyone, (d) copy, reproduce, create derivative works from, de -compile,
disassemble or otherwise reverse -engineer the Services, or (e) make use of the Internet or an Intranet
to provide access to the Services through any local or wide area networks, timesharing services,
multiple site arrangements or other vehicles which permit multiple simultaneous access or distribution
other than as provided by this Agreement.
8. Payments. Payments are due as set forth in the Order Form. Undisputed payments not
received when due will bear interest at the lower of 2.5% per month or the highest rate permitted by
law. RIPALog may suspend Services if Agency's payment of undisputed fees is 10 or more business
days late. RIPALog may also recover any sums spent in collecting undisputed sums not paid when
due, including reasonable attorneys' fees. If Agency continues using the Services after the Term,
Agency will pay RIPALog the then prevailing pro -rated monthly rate for use of the Services until Agency
stops Agency's use.
9. Term and Termination. The initial term of this Agreement ("Term'l is as set forth on the
Order Form. Either party may terminate this Agreement without cause at the end of the initial Term or
any renewal Term by providing the other party with 30 days prior written notice. Agency may
terminate this Agreement if RIPALog fails to provide the Services to Agency and the breach is not cured
within ten business days after RIPALog receives written notice of the breach. RIPALog may terminate
this Agreement if Agency breaches any term of this Agreement, including failing to make timely
payment of fees due, if the breach is not cured within ten business days after Agency receives written
notice of the breach. On termination with or without cause, all of Agency's payment obligations due
through the date of termination will be then due and payable, RIPALog may revoke the license granted
to Agency by this Agreement and RIPALog may immediately prohibit Agency's use and access to the
Services.
10. Limited Warranty and Disclaimer; Because of the possibilities of human and technical error
inherent in the input and compilation of data, Agency understands that the data provided by RIPALog
may contain errors. The prices which RIPALog is charging Agency for the Services is based, in part, on
RIPALog's expectation that Agency will bear the risk of any loss or injury which might be incurred by
Agency or Agency's Users in relying on that data. As a result, Agency is responsible for determining
that all data provided by RIPALog is sufficiently accurate for its purposes and that the Services operate
in a satisfactory manner.
RIPALog warrants to Agency that the Services will operate substantially in accordance with the
RIPALog, LLC • tel 877.IT4.00PS • fax 877.484.2677 • www.RIPALog.com
5655 Silver Creek Valley Road #316, San Jose, California 95138
documentation provided to Agency online C'Documentation'�. This limited warranty will apply only
during the first 60 days after the Services are first made available to Agency ("Warranty Period'. If
the Services do not function in accordance with the Documentation, and Agency so notifies RIPALog in
writing during the Warranty Period ("Warranty Claim'j, Agency will be entitled to a refund of the fees
collected by RIPALog during the Warranty Period. This refund will be Agency's exclusive remedy for a
breach warranty. All Warranty Claims not made in writing or not received by RIPALog within the
Warranty Period will be deemed to have been waived.
OTHER THAN THIS LIMITED WARRANTY, RIPALog MAKES NO REPRESENTATIONS ABOUT
THE SERVICES AND IS PROVIDING THEM TO AGENCY AND AGENCY'S USERS "AS IS" AND
WITHOUT WARRANTY OF ANY KIND. RIPALog EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RIPALog DOES NOT
WARRANT (A) THAT THE SERVICES ARE OR WILL BE ACCURATE, COMPLETE,
UNINTERRUPTED, WITHOUT ERROR OR FREE OF VIRUSES, OTHER HARMFUL
COMPONENTS OR OTHER PROGRAM LIMITATIONS, OR (B) THE ACCURACY, QUALITY,
RELIABILITY, SUITABILITY, COMPLETENESS OR USEFULNESS OF THE REPORTS, DATA OR
OTHER INFORMATION AGENCY OBTAINS FROM USING THE SERVICES. USE OF THE
SERVICES IS ENTIRELY AT AGENCY'S OWN RISK AND AGENCY ASSUMES THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION OF PROBLEMS THAT MAY BE CAUSED
BY VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, RIPALog WILL NOT BE LIABLE TO AGENCY OR ANY USER FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES EVEN IF IT HAS BEEN
APPRISED OF THE LIKELIHOOD OF THOSE DAMAGES. IN NO EVENT WILL RIPALog's
AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES
PAID BY AGENCY TO RIPALog DURING THE CURRENT TERM.
11. Hardware And Service Re it mems. Agency and Agency's Users are solely responsible
for acquiring, servicing, maintaining and updating all equipment, devices, computers, software and
communications services that allow Agency to access and use the Services, and for all expenses
relating thereto (plus any applicable taxes). Agency and Agency's Users will access and use the
Services in accordance with any operating instructions or procedures that may be issued by RIPALog,
and as amended by RIPALog from time to time. RIPALog does not make any commitments regarding
use or performance of the mobile app with Apple iOS versions other than 13.0 or higher, and Web
Services with browsers other than Google Chrome version 86 or higher and Mozilla Firefox version 84
or higher.
12. Performance. The operation and availability of the systems used for accessing and interacting
with the Services, including, mobile device networks, computer networks and the Internet or to
transmit information, whether or not supplied by Agency or RIPALog, can be unpredictable and may,
from time to time, interfere with or prevent the access to and/or the use or operation of the Services.
RIPALog is not responsible for that interference or prevention of access or use.
13. Miscellaneous Provisions.
(a) Governing Law. This Agreement is made under and will be governed by, and
construed in accordance with, the laws of the State of California, except that body of law controlling
RIPALog, LLC • tel 877.IT4.COPS • fax 877.484.2677 • www.RIPALog.com
5655 Silver Creek Valley Road #316, San Jose, California 95138
conflicts of law. The prevailing party in any litigation between the parties will recover its reasonable
attorneys' fees and costs from the non -prevailing party.
(b) Marketing. Agency consents to RIPALog's use of Agency's name and logo for the
limited purpose of identifying Agency as a RIPALog customer. From time to time, RIPALog selects
candidates from its customer list whom it wishes to announce as a business relationship. If Agency is
selected, RIPALog will notify Agency before the press release or quote is published in the public
domain.
(c) Government Regulations. Neither Agency nor any of Agency's Users will export, re-
export, transfer or make available, whether directly or indirectly, any regulated item or information to
anyone outside the U.S. in connection with this Agreement without first complying with all export
control laws and regulations which may be imposed by the U.S. government
(d) Survivability. The terms of the following Sections of this Agreement will survive any
cancellation, termination, or rescission: Ownership, Limitation of Use, Warranty and Limitation of
Liability.
(e) Severability and Waiver. If any provision of this Agreement is held to be
unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable
provisions will be construed in accordance with applicable law as nearly as possible to reflect the
original intention of the parties. The waiver of any breach or default of this Agreement will not
constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights
of the waiving party. Agency may not assign or delegate Agency's obligations under this Agreement
either in whole or in part without the prior written consent of RIPALog.
(f) Governmental Agencies. Use of the Services by the United States Government or
other governmental agencies will be as "restricted computer software" or "limited rights data" as set
forth in "Rights in Data - General" at 48 CFR 52.227-14, or as "commercial computer software" or
"commercial computer software documentation" under DFARS 252.227-7015, or under such other
similar applicable terms to prevent the transfer of rights in and to the technology to the government
other than under normal commercial licensing terms.
(g) Privacy Policy. The RIPALog Privacy Policy can be accessed at on the RIPALog Web
site ("Privacy Policy'. The Privacy Policy is a part of this Agreement and is incorporated by reference.
(h) Entire Agreement and Amendments. The Agreement (including the Privacy Policy)
and the Order Form constitute the entire agreement between Agency and RIPALog with respect to the
Services and supersede all other communications and proposals, whether electronic, oral or non-
electronic. Terms in any other document, and in whatever form, will have no effect. RIPALog may
amend the provisions of this Agreement or the Privacy Policy at any time by posting the changed terms
on the the RIPALog Web site. By using the Services after revised terms are posted, Agency agrees to
be bound by the amended terms. Amendments that Agency proposes can only be accepted by
RIPALog in a non -electronic writing manually signed by authorized representatives of the parties. The
Services are being provided electronically and RIPALog may communicate electronically for matters
relating to the Services. Agency will periodically visit the RIPALog Web site to examine the then -
current Agreement (including the Privacy Policy).
RIPALog, LLC • tel 877.IT4.COPS • fax 877.484.2677 • www.RIPALog.com
5655 Silver Creek Valley Road #316, San Jose, California 95138
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed to be effective as of
the date written below
AGENCY REPRESENTATIVE:
Signature:
Name: vL cjl.06LbXU -C
Job Title:
Date:
Approved as to Forth:
JANICE D. MAGDICH
City Attorney
RIPALOG, LLC
f,
Signature:
Name: _ Lou Kvitek
Job Title: Region Manager
Date: 5/18/2021
RIPALog, LLC • tel 877.IT4.COPS • fax 877.484.2677 a www.RIPALog.com
5655 Silver Creek Valley Road #316, San Jose, California 95138
RIPALogTM Order Form
IMI RIPALog, LLC
Tel 877.IT4.COPS
Fax 877.484.2677
Date: 5/18/2021
Order Number: 202105-107
Please complete the following (print/type) for the Agency:
Contact Name
Jennelle Baker
Contact Phone
209-333-6800 x 6722
Job Title
Management Analyst
Email address
jbaker@lodi.gov
Agency Name
Lodi Police Department
215 W. Elm Street
Address 1
Address 2
City
Lodi
State
CA
Zip
95240
Agency Phone
209-333-6727
209-333-6792
Agency Fax
1. Service commencement date: 7/1/2021
2. Subscription Term: Annual — invoice for July 1 fiscal year
3. Payment: Base License $ 10,000
Subscription $ 7,200
All payments will be invoiced each Term and are due upon receipt. Amounts above do not
include any applicable sales, use, excise or similar taxes, which will be set on each invoice.
4. Information:
Agency confirmation:
RIPALog Sales Rep:
Number of sworn officers
DOJ submittal : Start:
by law with Jan 2022 data
(fee covers DOJ data collection and submittal)
Interval: TBD (monthly, quarterly, annually)
Approved as to Form:
Print:
Print: Lou Kvitek
JANICE 0, MAGDi
City Attorney 56g LLC • tel 877.IT4.COPS • fax 877.484.2677 • www.RIPALog.com
5555 Silver Creek Valley Road #316, San Jose, California 95138
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RESOLUTION NO. 2021-173
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE USER LICENSE AGREEMENT FOR RACIAL AND IDENTITY
PROFILING ACT (RIPA) DATA COLLECTION APPLICATION SOFTWARE WITH
TRUE BLUE SOLUTIONS, LLC, DBA RIPALOG, LLC, OF SAN JOSE
WHEREAS, since 1981, the California Department of Justice has collected data from
law enforcement agencies on citizen complaints against peace officers, including the number of
complaints received, the number alleging either felony or misdemeanor criminal conduct, and
the number sustained in each category; and
WHEREAS, beginning in January 2016, in addition to reporting on citizen complaints
received by law enforcement agencies under Penal Code section 832.5 and citizen complaints
alleging felony or misdemeanor criminal conduct, AB 953 requires California law enforcement
agencies to begin collecting and reporting data on complaints that allege racial or identity
profiling; and
WHEREAS, the bill requires an agency that employs one or more but less than 334
peace officers to issue its first annual report by April 1, 2023; and
WHEREAS, the RIPALog app is the solution that the Lodi Police Department has found
to comply with the Racial and Identity Profiling Act Stop Data Regulations. It is easy to use,
Department of Justice compliant, and will save officers time.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute User License Agreement for Racial and Identity Profiling
Act (RIPA) data collection application software with True Blue Solutions, LLC, dba RIPALog,
LLC, of San Jose, California, in the amount of $17,200; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Date: June 16, 2021
I hereby certify that Resolution No. 2021-173 was passed and adopted by the Lodi City
Council in a regular meeting held June 16, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, and Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Nakanishi
ABSTAIN: COUNCIL MEMBERS — None
7JENNIFERtUSMIR
City Clerk
2021-173