Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
18-011 One Concern, Inc., Technology Software As-A-Service (Saas) Agreement
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT BETWEEN THE CITY OF CUPERTINO AND ONE CONCERN, INC. THIS AGREEMENT ("Agreement"), is entered into this 31 st day of January 2018, by and between the CITY OF CUPERTINO, a California municipal corporation ("City"), and One Concern, Inc., a corporation whose address is 169 University Avenue, Palo Alto, CA 94301 ("Software Provider") ( collectively referred to as the "Parties"). RECITALS : The following Recitals are a substantive portion of this Agreement: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California. B. Software Provider is specially trained, experienced and competent to perforn1 the special services which will be required by this Agreement. C. City and Software Provider desire to enter into an agreement for Software Provider's provision of software-as-a-service (SaaS) pertaining to City 's online systems . Through this Agreement, Software Provider shall provide to City adisastermodelingandplanningtoolspecifictoanextreme seismic occurrence relating to the City 's geographic boundaries. The full scope of services covered by this agreement is described in the attached Exhibit A: Statement of Work (the "SOW"). 1. 2. NOW, THEREFORE, the Parties mutually agree as follows: TERM This Agreement shall commence on January 31, 2018 and ends on January 30, 2019, unless terminated prior thereto under the provisions of Section 16, below. This Agreement is subject to the Parties ' option to renew for two consecutive one year tenns in accordance with the terms of this Agreement. SCOPE OF SERVICES AND CONDITIONS THEREOF Subject to the tern1s and conditions set forth in this Agreement, Software Provider shall perforn1 each and every service as indicated in the schedule of performance/timeline set forth in the SOW (collectively "Services"), as described below. The SOW is attached as Exhibit A and incorporated herein by this reference. A. Responsibilities of Software Provider. Software Provider shall provide the software services as further described in the SOW. The Services provided under this Agreement shall include (a) any software, plug-ins or extensions related to the Services or upon which the Services are based including any and all updates, upgrades, bug fixes, dot releases, version upgrades or any similar changes that may be made available to the Software Provider from time to time (the "Software"), (b) any and all technical documentation necessary or use of the Services, in hard copy form or online (the "Documentation"), (t) regular maintenance of Software Provider's system , and (d) other technology, user interfaces , know-how and other trade secrets, techniques , designs, inventions, data, images, text, content, APls, and tools provided in conjunction with the Services. B. Equipment. If necessary to enable Software Provider to fulfill its obligations under the SOW, Software Provider shall , at its sole cost and expense, furnish all facilities, personnel and Page l o flO equipment to City necessary to provide the Services (the "Equipment"). City agrees, if necessary, to install the Equipment at the location(s) and in the manner specified by Software Provider and as directed by Software Provider. Any Equipment installed by City is a part of the Service and loaned to City by Software Provider, not sold. City agrees to return the Equipment to Software Provider at the termination of this Agreement in an undamaged condition, less ordinary wear and tear. C. Registration. Prior to using the Services, City shall identify the administrative users for its account ("Administrators"). Each Administrator wi ll be provided an administrator ID and password. D. License Grant. Software Provider hereby grants City a license to use the Software and the Documentation for the permitted purpose of accessing the Services. E. Reservation of Rights and Data Ownership. City shall own all right, title and interest in its data provided to Software Provider that is related to the services provided by this contract. Software Provider shall not access City user accounts or City data, except (1) as essential to fulfillment of the objectives of this Agreement, (2) in response to service or technical issues, or (3) at City 's written request. F . Data Protection. In carrying out the Services, Software Provider shall use best industry practices to protect the confidentiality of any private, confidential, or non-public data provided by the City ("City Data") as follows: 1. Implement and maintain appropriate security measures to safeguard against unauthorized access, disclosure or theft of City Data in accordance with recognized industry practice. 2 City Data shall be encrypted at rest and in transit with controlled access. Unless otherwise stipulated, Software Provider is responsible for encryption of the City Data in Software Provider's possession. 3. Software Provider shall not use any City Data collected by it in connection with the Service for any purpose other than fulfilling the obligations under this Agreement, except, solely with respect to use in anonymized fonn that does not identify any individual or any third patty to optimize and improve Software Provider's services. G. Software Ownership. Except for City Data, Software Provider owns the Services, Software, Documentation, and any underlying infrastructure provided by Service Provider in connection with this Agreement. City acknowledges and agrees that (a) the Services, any Software and Documentation are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (b) Software Provider retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Services, the Software, any Documentation, any other deliverables, any and all related and underlying technology and any derivative works or modifications of any of the foregoing, including, without limitation, ( c) the Software and access to the Services are licensed on a subscription basis, not sold, and City acquires no ownership or other interest in or to the Services, the Software or the Documentation other than the license rights expressly stated herein, and ( d) the Services are offered as an on-line, hosted solution, and that City has no right to obtain a copy of the Services. H. Restrictions. City agrees not to, directly or indirectly: (i) modify, translate, copy or create 090517 Page 2 of 10 derivative works based on the Service or any element of the Softv,r are , (ii) interfere with or disrupt the integrity or perfom1ance of the Services or the data contained therein or block or disrupt any use or enjoyment of the Services by any third party, (iii) attempt to gain unauthorized access to the Services or their related systems or networks or (iv) remove or obscure any proprietary or other notice contained in the Services , including on any reports or data printed from the Services. I. Security Incident. In the event a data breach occurs with respect to City Data, Sofuvare Provider shall immediately notify the appropriate City contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a security incident. Software Provider shall (l) cooperate with City to investigate and resolve the data breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document responsive actions taken related to the data breach, including any post- incident review of events and actions taken to make changes in business practices in providing the services, if necessary. Should it become necessary to notify aggrieved persons about a security breach, Software Provider agrees to pay for the expense. If the data breach was caused by Software Provider's willful or reckless misconduct, Software Provider may be responsible for incidental and consequential damages caused to third parties. J. Notification of Legal Requests. Software Provider shall contact City upon receipt of any electronic discovery, litigation holds, discovery searches and expert testimonies related to City Data. Software Provider shall not respond to subpoenas , service of process and other legal requests related to City without first notifying City, unless prohibited by law from providing such notice. K. Access to Security Logs and Reports. Software Provider shall provide reports to City in a format as specified in the SOW agreed to by both Software Provider and City. L. Responsibilities and Uptime Guarantee. Software Provider shall be responsible for the acquisition and operation of all hardware, software and network support related to the services being provided. The technical and professional activities required for establishing, managing and maintaining the hosted environments are the responsibilities of Software Provider. Software Provider agrees to make the Services available for City's use on a 24/7/365 basis (with agreed-upon maintenance downtime). Software Provider's uptime shall consist of 99.9% system availability. M. Subcontractor Disclosure. Software Provider shall identify all of its all third party subcontractors or other entities who may be a party to a joint venture or similar agreement with Software Provider, and who will be directly involved in providing the Services under this Agreement. N. Business Continuity and Disaster Recovery. Software Provider shall provide to City a written business continuity and disaster recovery plan prior to or at the time of execution of this agreement and shall ensure that it meets City 's recovery time objective (RTO) specified in such plan. 0 . Compliance with Accessibility Standards. Software Provider shall comply with and adhere to the Americans with Disabilities Act of 1990 (42 U .S .C. § 12101). P. Web Services. Software Provider shall use Web services exclusively to interface with City Data in near real time when possible . 090517 Page 3 of lO Q. Encryption of Data at Rest . Software Provider shall ensure hard drive encryption consistent with validated cryptography standards as referenced in FIPS 140-2, Security Requirements for Cryptographic Modules for all personal data, unless City approves in writing the storage of personal data on Software Prov ider's portable device in order to accomplish work as defined in the statement of work. 3. COMPENSATION TO SOFTWARE PROVIDER Software Provider shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed $43,400 for the first year, with the option to extend for two I-year tem1s at $38,000 per year, for a cumulative total for three years in the amount not to exceed $119,400 . The payments specified in this section shall be the only payments to be made to Software Provider for services rendered pursuant to this Agreement. Software Provider shall invoice City according to the following schedule of milestones/deliverables: 151 year: Upon execution of this Agreement $20,000 Upon User acceptance of operational go-live platform $23,400 $43,400 total 2nd year: If renewed, upon execution of first I-year extension $38,000 total Agreement. 3rd year: If renewed, upon execution of second I -year $38,000 total extension Agreement. City shall pay Contractor within thirty (30) days after receipt of Service Provider's invoice. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. 4. TIME IS OF THE ESSENCE Software Provider and City agree that time is of the essence regarding the performance of this Agreement. 5. LICENSES; PERMITS; ETC. Software Provider represents and warrants to City that it has all licenses, pennits, qualifications, and approvals of whatsoever nature which are legally required to carry out the purposes of this Agreement. 6. ASSIGNMENTS. Software Provider may assign, sublease, or transfer this Agreement, or any interest therein, to a third party with the prior written consent of City, or without such consent to an acquirer of all or substantially all of Software Provider's assets or business related to this Agreement. Such consent shall not be unreasonably withheld. City's withholding of consent shall be deemed reasonable if it appears that the intended assignee in question is not financially or technically capable of performing Software Provider 's obligations under this Agreement, or if City has reason to conclude that the proposed assignee is otherwise incapable of fulfilling Software Provider 's duties hereunder. 7. INDEPENDENT PARTIES City and Software Provider intend that the relationship between them created by this Page 4 of JO Agreement is that of independent contractor. No civil service status or other right of employment will be acquired by virtue of Software Provider's services . None of the benefits provided by City to its employees, including but not limited to , unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Software Provider, its employees or agents . Software Provider is not a "public official" for purposes of Government Code§§ 87200 et seq . 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA) Software Provider assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IR.CA or other federal or state rules and regulations . Software Provider shall indemnify and hold City harmless from and against any loss , damage, liability, costs or expenses arising from any noncompliance of this provision by Software Provider. 9. NON-DISCRIMINATION 10. Consistent with City's policy prohibiting harassment and discrimination, Software Provider agrees that neither it nor its employee or subcontractors shall harass or discriminate against a job applicant, a City employee, or a citizen on the basis of race, religious creed, color, national origin, ancestry, handicap , disability, marital status , pregnancy, sex, age, sexual orientation, or any other protected class status. Software Provider agrees that any and all violations of this provision shall constitute a material breach of this Agreement. INTELLECTUAL PROPERTY INDEMNIFICATION Software Provider agrees to, at its expense, defend and/or settle any claim made by a third party against City alleging that the City's use of the Services infringes such third party 's United States patent, copyright, trademark or trade secret (an "IP Claim"), and pay those amounts finally awarded by a court of competent jurisdiction again st City with respect to such IP Claim. The City shall promptly notify software Provider of any such claim, tender control of the defense and settlement of such claim to Software Provider, and reasonably cooperate with Software Provider in such defense or settlement. 11 . DUTY TO INDEMNIFY AND HOLD HARMLESS 12 . Software Provider shall indemnify, defend, and hold ham1less City, its City Council, boards and commissions, officers, officials, employees agents, servants, volunteers and consultants ("Indemnitees ") from and against any and all liability, claims, actions, causes of action or demands whatsoever, in each case brought by third parties against any of them for personal injury or death, or property damage arising out of the negligence, tortious conduct, or a breach of this Agreement by Software Provider or Software Provider 's employees , officers , officials, agents or independent contractors, except to the extent liability is caused by the negligence, tortious conduct, or breach of City. Software Provider 's costs and expenses shall include reasonable attorneys ' fees of counsel of City 's choice, expert fees , and all other costs and fees of litigation. The provisions of this Section survive the completion of the Services or tennination of this Contract. For clarity, claims arising from injuries , death or other damages caused by natural disasters or similar events are not covered by this indemnity . Software Provider agrees to accept the City 's tend e r of defense of any claims or actions covered under this Indemnity provision. INSURANCE: A. General Requirements. On or b efore the commencement of th e term of this 0905 1 7 Page 5 of JO Agreement, Software Provider shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "B". Software Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement. B. Subrogation Waiver. Software Provider agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Software Provider shall look solely to its insurance for recovery. Software Provider hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Software Provider or City with respect to the services of Software Provider herein, a waiver of any right to subrogation which any such insurer of said Software Provider may acquire against City by virtue of the payment of any loss under such insurance. 13. RECORDS Software Provider shall maintain internal records reflecting that the Services were perforn1ed by Software Provider hereunder in accordance with customary recordkeeping practices in the software development industry. Software Provider shall provide free access to such records to the representatives of City or its designee 's at all reasonable and proper times , and gives City the right to examine and audit same, and to make transcripts therefrom as necessary. No such examination and audit shall give City the right to access records relating to other Software Provider customers. Such records shall be maintained for a period of three (3) years after Software Provider receives final payment from City for all services required under this agreement. 14. NONAPPROPRIATION This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code and Agreement will tern1inate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, tenn, condition, or provision of this Agreement. 15. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after deposit in the U.S. Mail, postage prepaid, addressed as hereinafter provided. All notices, demands, requests, or approvals shall be addressed as follows: TO CITY: 10300 Torre Avenue Cupertino CA 95014 Attention: Bill Mitchell Copy to: Randolph Hom, Esq. Cupertino City Attorney 20410 Town Center Lane, Suite 210 Cupertino, CA 95014-3255 Page 6 oflO TO SOFTWARE PROVIDER: Name: One Concern ---------- Address: 169 University Avenue -----~---- Pa Io Alto CA 94301 Attention: James Waterman --------- 16. TERMINATION 17. A. Basis for Termination. In the event Software Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Software Provider shall be deemed in default in the perfonnance of this Agreement. City may terminate this Agreement for cause, or in its sole discretion may provide Software Provider a reasonable opportunity to cure the default in accordance with the time specified in City's written notice of default, or as mutually agreed by the Parties. In addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Software Provider written notice thereof, which shall be effective immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Software Provider as provided herein. Upon receipt of any notice of termination, Software Provider shall immediately discontinue perfomrnnce . · B. Pro Rata Payments. City shall pay Software Provider for services satisfactorily perfom1ed up to the effective date of tennination. In such event, a calculation of the amounts due shall be deemed correct as computed on a pro rata basis with compensation provided for the period of service paid as a percentage of the total contract amount. For clarity, Software Provider shall not be obligated to refund any pre-paid amounts in connection with termination. C. Handling of City Data. In the event of termination of this Agreement, Software Provider shall implement an orderly return of City Data in a CSV or another mutually agreeable fonnat at a time agreed to by the parties .. During any period of service suspension, Software Provider shall take due care to protect City Data and shall not take any action to intentionally or otherwise erase any City data for a period of at least 30 days after the effective date of tennination. Upon the City 's approval , Software Provider shall securely dispose of City Data, as authorized by City. Software Provider shall provide post-termination assistance to City, consistent with generally accepted standards applicable to the Services, unless the Parties have agreed to a specific data retrieval arrangement as part of the SOW. Software Provider shall securely dispose of all requested data in all of its fom1s, such as disk, CD/ DVD, backup tape and paper, when requested by City. Data shall be permanently deleted and shall not be recoverable, in accordance with the National Institute of Standards and Technology's (NIST) approved methods. Certificates of destruction shall be provided to City upon request. WARRANTY AND WARRANTY DISCLAIMER Software Provider warrants that (i) the services shall be provided in a diligent, professional, and workmanlike manner in accordance with generally accepted industry standards , (ii) provision of the services shall not infringe or misappropriate any intellectual property rights of any third pmty, and (iii) the services shall substantially perfom1 in all material respects as described in the SOW. In the event of any breach of section (iii), above, Software Provider shall be liable for the repair or replacement of the services that are subject to the warranty Page 7 of 10 18. 19. 20. 21. claim, at no cost to City. If Sofuvare Provider is unable to repair or replace the product/services, then it will refund any pre-paid fees for services not rendered. Except for the warranty described in this section, the services are provided without warranty of any kind, express or implied including, but not limited to, the implied warranties or conditions of design or merchantability. Neither party shall be liable for (i) any indirect damages arising from or related to this Agreement under any theory (including in contract or tort), including lost revenue, lost profits and consequential or incidental damages or (ii) amounts in excess of the fees paid by the City to Sofu¥are Provider in the twelve (12) months preceding the initial claim giving rise to liability hereunder, except as provided in Section 11. Neither party will be liable for breach of contract damages suffered by the other party that are remote or speculative, or that could not have reasonably been foreseen on entry into this Agreement. COMPLIANCE Sofu¥are Provider shall comply with all state or federal laws and all ordinances, rules, policies and regulations enacted or issued by City. CONFLICT OF LAW This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any suits brought pursuant to this Agreement shall be filed with the Superior Court for the County of Santa Clara, State of California. ADVERTISEMENT Sofu¥are Provider shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services perforn1ed under this Agreement unless prior written approval has been secured from City to do otherwise. INTEGRATED CONTRACT This Agreement, including Exhibits A and B, represents the full and complete understanding of every kind or nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Software Provider. In the event that any Service Level Agreement, Exhibit, Statement of Work, or other associated instrument or agreement executed by the Parties in conjunction with this Agreement contains a tern1 that conflicts with the tenns of this Agreement, the terms of such other document or Exhibit shall govern and supersede the applicable tenn of this Agreement. 22. AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. Page 8 of IO CITY OF CUPERTINO A Municipal Corporation By y-:Jd_~ Title Chief Technology Officer Date January 30 , 2018 Recommended for Approval: Bill Mitchell CTO Name and Title ,,_.,--1-----+-------L.......:.~-_µJ-;_( ~,;: lph Stevenson Hom Cupe · o City Attorney ~'i t Grace Schmidt / r-30 -1 !.r City Clerk o Over $175 ,000-Council Approval Required o O ver $45 ,000-Depa11m ent Head Approva l Required o Up to $45,000-Des ignated Supervisor Approva l Required Exhibit A : Statement of Work Title Sr Director, Global Engagement Date January 29, 2018 Exhibit B : Insurance Requirements and Proof ofinsurance Page 9 of IO Contract No . ___ _ Exhibit A: Statement of Work ("SOW") 10 Seismic Concern Statement of Work Prepared for : CUPERTINO Prepared by: 1 con cer nTM Se:srn:c Concernrn SOW Cupe1-tinc 1C This page intentionally left blank Seismic Concem'M SOW Cupertino November 09, 2017 To : David Brandt City Manager City of Cupertino Subject: Seismic Concern Resilience Platform -Proposal 1C Thank you for your interest in Seismic Concern, the products and services comprising the Seismic module offered by One Concern, Inc. The enclosed Statement of Work describes the range and nature of the product's features and services, and we hope that your needs and requirements are reflected accurately throughout this document. The price breakdown of services offered are at our discounted rate of $43,400 per year for a population area of 62,000 residents in the City of Cupertino. This pricing includes 10 licensed users with access to the Seismic Concern Response module, 10 licensed users with access to the Seismic Concern Preparedness module, 10 licensed users with access to the Seismic Concern Mitigation module, 10 licensed users with access to the Seismic Concern Recovery module, 10 licensed users with access to the Seismic Concern Resilience module, as well as (TBD) Critical Infrastructure buildings for Seismic Concern Critical Infrastructure module. This pricing is outlined in Appendix D. Seismic Concern is a revolutionary predictive analytics platform that uses cutting-edge science and technology spanning multiple domains, from geophysics and earthquake engineering to artificial intelligence . It fundamentally changes the way Emergency Operations Centers respond to earthquakes, reducing the time required for initial damage estimation from months to minutes while bringing a data-driven methodology to the response, recovery, preparedness, and mitigation process. At One Concern, we genuinely believe that our product will help save lives: to make this possible, every aspect of the product is specifically designed to be intuitive and user-friendly for our intended users. Seismic Concern is a cloud-based Software as a Service (SaaS) platform that operates on standard, freely available web browsers-there are no complicated installation or setup procedures involved. This means less time spent learning how to use a tool, and more time learning from using it. Thank you for considering One Concern for your resiliency needs. Please do contact us if you have questions about the proposal or any other queries. Sincerely, James Waterman Senior Director, Global Engagement 2 Se:srn:c Concern 1 M SOW Cupertino 1C Statement of Work for Seismic Concern Wll'·i.''·N~ H1:F~\; ;:t,i:>~;1:e, Ct:il:::~i• WOOdside Are Prol,ctJon llis1ricl S-imulat!Ona t1,:mr¥, ;;tEf<\/<11$ Up Name Mag S1a1us Dale iSkm ~rd ~·,oo,fa~t • tf;i:e ;_,,,,:t'. f;A !,~,1 One Co ncern Cont a ct Info Jomes \tv'oterma11 Sr: Directo r , Globa l Engagement 169 Un ive rsity Avenue Palo Alt o , CA 94301 (916) 833-1254 waterman@oneco11cern.com . . '"~' " .:. . • l<Of,i~ 3 '.!UH 4JtiZO!O, 1 c onc e rn,,,, 169 Univers ity Avenue Palo Alto, CA 9 4301 (6 50) 272 -931 7 www.o neco11cern .c om • + Se:sm:c Concei-n 1 M SOW Cupe1·tino 1 C Contents Project Plan Solution Overview 2.1 Seismic Concern Response Module 2.2 Seismic Concern Preparedness Module 2.3 Seismic Concern Recovery Module 2.4 Seismic Concern Mitigation Module 2.5 Seismic Concern Critical Infrastructure Module 2.6 Seismic Concern Live Support 2.7 Seismic Concern Software Support · Pricing and Schedule Invoicing Planning and Preparation 5.1 Project Management 5.2 Contracting/ Procurement 5.3 Site Preparation Product Implementation 6 .1 Seismic Concern Response Module 6.1.1 Value Proposition 6 .1.2 Process Configuration 6.1.3 Process Validation/Targeted User Training 6 .2 Seismic Concern Preparedness Module 6.2.1 Value Proposition 6.2.2 Process Configuration 6.2.3 Process Validation/Targeted User Training 6.3 Seismic Concern Recoverv Module 6.3.1 Value Proposition 6.3 .2 Process Configuration 6.3 .3 Process Validation/Targeted User Training 6.4 Seismic Concern Mitigation Module 6 .4.1 Value Proposition Process Configuration Process Validation/Targeted User Training 6 .5 Seismic Concern Critical Infrastructure Module 6.5.1 Value Proposition 4 Seismic Concern TM SOW Cupertino Process Configuration Process Validation/Targeted User Training APPENDIX A -ONE CONCERN I CUSTOMER RESPONSIBILITIES APPENDIX B -SYSTEM REQUIREMENTS 1.0 User Software 2.0 Server Software 3.0 Hardware 4 .0 Internet Connectivity APPENDIX C -SEISMIC CONCERN ARTIFICIAL INTELLIGENCE TECHNIQUES APPENDIX D -COST PROPOSAL 5 1C Seismic Concern 1 M SOW Cupertino 1C 1.0 Project Plan This proposal covers the content and requirements for delivery of products and services as part of Seismic Concern and outlines the responsibilities of both One Concern and the Customer. 2.0 Solution Overview One Concern will provide the following products and services in support of this project. • Seismic Concern Response Module • Seismic Concern Preparedness Module • Seismic Concern Mitigation Module • Seismic Concern Recovery Module • Seismic Concern Critical Infrastructure Module • Seismic Concern Live Support • Seismic Concern Software Support • Seismic Concern On-Site Implementation Training All the above modules will serve to help jurisdictions quantify and build resilience in a data-driven manner. 2.1 Seismic Concern Response Module Seismic Concern Response Module is a live module active during an event (an earthquake in this case) which furnishes real-time situational awareness within a few minutes. It has the following four main features: • Census Block Damage Map • Initial Building Damage and Risk Assessment • Data Insights and Custom Data Toggles • Data Input for Belief Propagation 2.2 Seismic Concern Preparedness Module Seismic Concern Preparedness Module is an on-demand earthquake module targeted at improving preparedness by taking jurisdiction capacity into consideration. This module will consist of several blueprints, each focused on a different function in the jurisdiction. The aim of each blueprint is to inform the Customer with response prioritization strategies. They also serve as a bas e for conducting training drills, among several other uses. The Preparedness Module will allow the Customer to add incident action plans 6 Sersrn:c Concernrn SOW Cupertino 1C against each blueprint. All members of the ecosystem create action plans that are captured by the platform Machine Learning capabilities for organizational readiness upon an actual live event. The platform "presents back to the ecosystem" all action planning, resource optimization, logistics, etc. as originally defined by ecosystem leaders -and live event optimized. Initial roll out will start out with the following two blueprints: • Jurisdiction Simulation Blueprint • Community Preparedness Blueprint Seismic Concern Preparedness Module will eventually roll out several more blueprints all targeted to provide focused preparedness efforts. 2.3 Seismic Concern Recovery Module Seismic Concern Recovery Module provides insights which can help a jurisdiction perform both data-driven quick-fix recovery strategies as well as help with longer term recovery efforts. It is used typically after a recent occurrence of a major event. It may be used either in tandem with or immediately after using the Seismic Concern Response Module . The focus of this module will be 'building forward' and not just 'building back'. 2.4 Seismic Concern Mitigation Module Seismic Concern Mitigation Module focuses on providing tools and data that can be used to create and evaluate between various hazard mitigation strategies; including but not limited to seismic retrofitting. Decisions related to reducing risk and vulnerability to the built environment including current and future structures can now performed by highlighting areas of highest risk, areas in need of mitigation, and areas of decreasing seismic safety. In particular, this module will present granular seismic risk information and provide data to support, validate, or invalidate approaches proposed in the jurisdiction's long term hazard mitigation plan. 2.5 Seismic Concern Critical Infrastructure Module The Seismic Concern Critical Infrastructure Module predicts the damage state for specific structures designated by the customer, as an add-on to the Seismic Concern Response, Preparedness, Recovery and Mitigation Modules. The modules operation requires the customer to work with One Concern to identify structures of interest, and provide data pertaining to their design and maintenance . 7 Seisrn:c Concern TM SOW Cupertino 1C Upon either a simulated or live earthquake, the One Concern Critical Infrastructure Module creates an icon that will appear on the damage map at the location of each piece of infrastructure identifying their predicted damage state . 2.6 Seismic Concern Live Support Recognizing the unpredictable and critical nature of an earthquake emergency, Seismic Concern includes 24 x 7 call support with a representative of the core technical team during an earthquake event in the Customer's jurisdiction, to ensure ease of access to critical situational awareness. 2.7 Seismic Concern Software Support Seismic Concern includes on-site installation and basic on-boarding support. Regular Customer support is available via email 12 hours a day, Monday through Friday, excluding One Concern's designated corporate holidays. 3.0 Pricing and Schedule Pricing is contained in Appendix D and is subject to change based on mutually agreed upon changes in scope . The number of "on-site" days quoted is based on the Appendix D accepted by Customer and assumes that Customer is fully prepared to receive purchased services (i.e. conditions of Customer checklist are met, supporting hardware and software are in place and installed, designated staff is available and all the conditions are met as per Appendix A and Appendix B) as scheduled. Should One Concern be required to remain "on-site" in excess of the quoted time, at the request of the Customer or due to delays caused by the Customer, such time and related expenses shall be billed to the Customer at One Concern's then-current rates. If additional time is required to complete the project beyond that available during initial installation, One Concern will coordinate with Customer before taking any action. When Customer's purchase order includes professional services in excess of what is required, hours not used can either be "banked" for future development or One Concern can bill only for actual hours used. 8 1C 4.0 Invoicing Customer will be invoiced for products when passwords are provided by One Concern to the Customer, and thereafter, annually, the first day of service each successive service year. Services (excluding support delivered as part of a Software Support Plan) will be invoiced monthly, as delivered. All invoices are payable to One Concern, Inc. on terms of NET30. 5.0 Planning and Preparation 5.1 Project Management Upon notification of the project being awarded, One Concern will schedule and conduct a Project Kick-Off Meeting with the Customer. This meeting is intended to confirm the details of this Statement of Work, coordinate implementation of administrator training and customer support, and resolve any other issues or concerns. Project Management provides scheduling, project plan development and management, requirements management, invoicing support, issues and action items tracking, and project communication. 5.2 Contracting / Procurement Following receipt of a purchase order and consistent with the proposed delivery schedule as coordinated with the Customer, One Concern will deliver the product website, password and instructional manual. 5.3 Site Preparation Prior to delivery of the product, both One Concern and the Customer have specific responsibilities as outlined in Appendix A. In addition, the Customer must have the required supporting hardware are detailed in Appendix B. 9 Seismic Concem 1 M SOW Cupertino 1C 6.0 Product Implementation The following modules enable jurisdictions to effectively evaluate the risks, potential losses and efficacy of their strategies in order to quantify and build resilience in a data-driven manner. While there is currently no single measure of resilience today that is widely accepted, and most created measurements are complex and difficult for jurisdictions to interpret, these modules can bring jurisdictions closer to a better understanding of their resilience. 6.1 Seismic Concern Response Module The Seismic Concern Response Module is an Artificial Intelligence/Machine Learning based predictive platform (see Appendix C) consisting of features that are fundamental to assessing earthquake-related structural damage for planning response operations. It is a live module that is active in the event of an earthquake, furnishing real-time situational awareness in a matter of minutes. 6.1.1 Value Proposition The value of the Response Module stems from the critical situational intelligence generated by each of the Module's individual features, which are outlined below. • Census Sub-Block Damage Map: The Seismic Concern prediction engine visualizes structural damage states at the geospatial resolution of a census sub-block. This informs important decisions that the Customer needs to make in real-time, such as resource allocation, identification of key first-responder and evacuation routes as well as locational prioritization for building officials and Urban Search & Rescue Teams. • Initial Building Damage and Risk Assessment: This feature helps the Incident Commander to quantify the extent of damage to structures in the jurisdiction based on their functional use. This allows a data-driven creation of an 'Initial Damage Estimate' (IDE). The IDE is critical for requesting financial assistance, necessary for an efficient transition from response to relief. 10 Seisrn:c Conce1T1 1 "" SOW Cupertino 1C • Data Insights and Custom Data Toggles: The platform provides customized views, where different data insights (generated by mining demographic and economic data for census sub-blocks) can be viewed depending on the user's preference and focus area. The Customer can also provide jurisdiction specific data, which on evaluation for data quality and use-case, can be added to the platform as a custom data toggle. • Data Input for Belief Propagation: The platform will allow the Customer to add on-the-ground reports to the platform . These reports will help improve the module's estimates by updating predicted damage for census blocks which have similar characteristics. This module will allow our initial prediction reports to increase in accuracy. 6.1.2 Process Configuration Seismic Concern Services will schedule and initiate a Project Kick-Off Meeting with the Customer. The purpose of this meeting is to review the implementation schedule and meet with key stakeholders. Unless otherwise stated, targeted User training will be completed during a single onsite trip. 6.1.3 Process Validation/Targeted User Training Once the process configuration and setup is complete, targeted User training will be conducted. The training is designed specially for 'Users'-individuals designated by the EOC to use the product. The purpose of the training is to introduce the Users to all the features comprising the Response Module, along with a tutorial to build familiarity and fluency with the platform. At the end of the training, Users will go through simple exercises to test their familiarity and knowledge about the Module, earning a digital certificate in the process. Upon completion of training, the team at One Concern will work with the Customer to address any issues identified. 6.2 Seismic Concern Preparedness Module This section describes the services provided by the Seismic Concern Preparedness Module. The Preparedness Module informs, trains and empowers Seisrn:c Concernr"' SOW Cupertino 1C emergency personnel in responding effectively to future events. The value in this Module arises from the Customer's ability to visualize and learn from not only historical earthquakes, but also a variety of possible scenarios that could realistically occur at a particular location. The Module allows emergency personnel to plan based on their specific capacity versus planning for a single simulated low-resolution hazard scenario map using preparedness blueprints. Training exercises and drills can be constructed around simulation scenarios representing a wide spectrum of potential earthquakes, which significantly improves emergency response capabilities. For examples, EOCs can use this information to identify locations of vulnerable populations and subsequently plan sheltering and rescue operations. Reports and damage maps generated by each of the blueprints can assist in creating preparedness plans that could make the jurisdiction be better prepared in the face of an actual earthquake. Appendix C contains more detail about the technical implementation itself. 6.2.1 Value Proposition The value of the Preparedness Module stems from the critical situational intelligence generated by each of the offered blueprints, which are outlined below. • Jurisdiction Simulation Blueprint: Using an intuitive point-hover-click map interface, the User selects the location of the epicenter of an earthquake along a fault-line and it's intended magnitude, which is used by the platform to generate an earthquake scenario in the region. This is a multi-stage process, beginning with the simulation of ground-shaking followed by the aggregation of natural and built environment features for every structure in the Customer's jurisdiction; these are fed as inputs into our Artificial Intelligence engine, which creates a damage map identical to the Response Module . The User can also perform several preparedness related decisions on the platform via creation of incident action plans. Prior to the simulation, the User can perform several actions: resource ·12 Seismic Conce:-nrn SOW Cupe:·tlno 1C management, collaborator management and preset incident objectives management. Once a scheduled simulation starts, the User can assign his preset or new incident objectives to one or many collaborators. All the assigned collaborators and the district admin can work jointly on incident objectives for the scheduled simulation, leading to the entire ecosystem being more ready in the event of an actual disaster. Situational awareness is enhanced by a collaborative ecosystem. • Community Preparedness Blueprint: This is an on-demand earthquake simulation module where the authorized User can request earthquake scenarios of their choice for a particular community, and visualize seismic structural damage for these scenarios. In this blueprint, an authorized user creates community boundaries by selecting census sub blocks and then requests for a simulation . This blueprint will offer back three scenarios each of which individually focus on high impact, medium impact, and low impact to the selected community. Prior to the simulation, the User can perform several actions: resource management, collaborator management and preset incident objectives management. The blueprint also includes the ability to add incident action plans which help the entire jurisdiction's disaster ecosystem to plan together for a scheduled simulation. It can be used to log and perform several real-time actions, such as resource allocation, identification of key first-responder and evacuation routes as well as locational prioritization for building officials and Urban Search & Rescue Teams. Reports and damage maps generated by this module can assist in creating preparedness plans that could make communities be better prepared. The Seismic Concern Preparedness Module uses the same four modes of generating critical situational awareness for each scenario as the Seismic Concern Response Module, which include (described in 6.1.1) • Census Block Damage Map • Initial Building Damage and Risk Assessment • Data Insights and Custom Data Toggles • Data Input for Belief Propagation 13 Se :srn:c ConcernrM SOW Cupertino 1C The Seismic Concern Preparedness Module uses the same four modes of generating critical situational awareness for each scenario as the Seismic Concern Response Module, which include (described in 6.1.1) The User Interface for the Preparedness Module is specifically designed to be similar to the Response Module. This is for two reasons: one, so that there is only a mild learning curve for the Preparedness Module; and two, so that transitioning between modules is as seamless as possible . 6.2.2 Process Configuration The process configuration procedure for the Preparedness Module is identical to that of the Response Module. 6.2.3 Process Validation/Targeted User Training In addition to the details specified by the Response Module, the Preparedness Module includes training by One Concern personnel on effective use of the simulation tool. Furthermore, there are restrictions on the number of blueprints (two) that can be performed per User in a month, owing to the computational intensity of conducting blueprints as well as the large amount of memory required to store them. 6.3 Seismic Concern Recovery Module This section describes the services provided by the Seismic Concern Recovery Module. The Module is targeted towards jurisdictions that have recently faced or are in the midst of facing a large disaster (an earthquake, in this case). The Recovery Module starts off with an initial situationally aware damage map depicting the state of the jurisdiction in the aftermath of an event. This damage map can be transferred from the Response Module or from the Preparedness Module If the User decides to obtain the initial map via the Response Module, the platform will combine all updated live ground reports along with the predicted 14 Se:srnlc Concern™ SOW Cupertino 1C damage map obtained in the response phase to create an updated post-disaster situational map. In case, the User decides to skip the use of the Response Module, the User can also use the Recovery Module through the Preparedness Module's Jurisdiction Simulation Blueprint. Using an intuitive point-hover-click map interface, the User selects the location of the epicenter of an earthquake along a fault-line and its intended magnitude, which is used by the platform to generate an earthquake scenario in the region. This is a multi-stage process, beginning with the simulation of ground-shaking followed by the aggregation of natural and built environment features for every structure in the Customer's jurisdiction; these are fed as inputs into our Artificial Intelligence engine, which creates a damage map and report identical to the Response Module. Once this map is created, the User can develop and evaluate between several short-term and long-term recovery efforts. The User is able to design and include recovery strategies and simulate the output and measure the gains on the back of these strategies. Appendix C contains more detail about the technical implementation itself. 6.3.1 Value Proposition The Recovery Module is designed to target the phase that follows the Response phase after a disaster (earthquake, in this case) and is usually a longer phase, that can last up to several years. A typical event recovery phase involves both short-term and long-term recovery efforts, and often allocation of funds and resources are haphazard due to insufficient data or inadequate tools for assessment. Processes can be sluggish, requiring lots of documentation and allocation of funds is not always justified easily, particularly when there is no clear evidence of the potential returns on the investments. The data, reports and outputs from simulated strategies that stem from the Recovery Module can facilitate improved strategizing with more tangible outcomes. As a result, there is more clarity on where to deploy resources and funds, and in addition, Recovery planning can also be expedited. 15 Seismic Concernr"' SOW Cupertino 1C The authorized User can visualize seismic structural damage within a jurisdiction in the aftermath of a disaster, using either the live damage map updated via on-the-ground reports obtained from the Response Module, or the simulated structural damage map obtained from the Preparedness Module . Using this situationally aware damage map, the User can create and evaluate across various recovery strategies. 6.3.2 Process Configuration The process configuration procedure for the Recovery Module is identical to that of the Response Module . 6.3.3 Process Validation/Targeted User Training In addition to the details specified by the Response and Preparedness Module, the Recov ery Module includes training by One Concern personnel on how to effectively create and evaluate across recovery strategies. Furthermore, if the initial s ituationally aware damage map is obtained via the Preparedness module, the restrictions on the number of simulations (two) that can be performed per User in a month will carry over into the Recovery Module and will still hold. 6.4 Seismic Concern Mitigation Module This section describes the services provided by the Seismic Concern Mitigation Module . The Module is targeted towards Jurisdictions that either have a high risk e xposure to a disaster (earthquake, in this case) or are committed to dedicating significant funds and/or resources to mitigating damages, or both. The Mitigation Module starts off by d isplaying a seismic ris k map. This risk map is created by running a portfolio of several earthquake simulations on the jurisdiction. This risk map will provide a risk score for each block/infrastructure based on the number of earthquake simulations where in its structural strength is compromis ed. The Mitig a tio n Module will then allow the juris diction to contrast and compare against s everal mitigation strategies by quantifying how each strat eg y could help reduce seismic risk on a granular block/infras tructure 16 Seismic Concern™ SOW Cupertino 1C scale . The User is able to design and include mitigation strategies and simulate the output and measure the gains on the back of these strategies. Similar to the Preparedness Module, the Mitigation Module will consist of several blueprints, each focused on a different function in the jurisdiction. Appendix C contains more detail about the technical implementation itself. 6.4.1 Value Proposition The Mitigation Module is designed to facilitate better long term planning in minimising the losses that may result from one or more disasters (earthquake, in this case). Extremely large investments are made in high-risk countries or regions, and often allocation of funds and resources are haphazard due to insufficient data or inadequate tools for assessment. Processes can be sluggish, requiring lots of documentation and allocation of funds is not always justified easily, particularly when there is no clear evidence of the potential returns on the investments. Third party consultancies are often hired, and their methods do not necessarily capture cascading effects, which can also lead to inefficient fund distribution. The data, reports and outputs from simulated strategies that stem from the Mitigation Module can facilitate improved strategizing with more tangible outcomes. As a result, there is more clarity on where to deploy resources and funds . The authorized User will receive a jurisdiction seismic risk map and then will be able to visualize seismic structural damage and perform damage reduction on the back of implemented Mitigation strategies. 6.4.2 Process Configuration The process configuration procedure for the Mitigation Module is identical to that of the Response Module. 6.4.3 Process Validation/Targeted User Training In addition to the details specified by the Response Module, the Mitigation Module includes training by One Concern personnel on effective use of 17 Seismic Concern TM SOW Cupertino 1C evaluating across multiple mitigation strategies. Furthermore, the mitigation risk map will be updated at most twice per year, owing to the computational intensity of conducting simulations as well as the large amount of memory required to store them. 6.5 Seismic Concern Critical Infrastructure Module This section describes the services provided by the Seismic Concern Critical Infrastructure Module. This module is seamlessly integrated into the Seismic Concern Response, Preparedness, Recovery and Mitigation Modules, and allows the User to toggle on or off a layer of information about the predetermined pieces of critical infrastructure. A-priori, One Concern has analyzed the pieces of critical infrastructure and constructed a machine learning model for each. In real-time, whether a simulated or live earthquake, the estimated damage state of each critical infrastructure is displayed on the damage map. Specific, detailed structural information provided by the User in conjunction with One Concern's proprietary artificial intelligence engine are required for accurate building-level damage predictions in the Critical Infrastructure Module . 6.5.1 Value Proposition This is both an on-demand and real-time earthquake damage estimation module where the authorized User can receive information about the likely status of the predetermined pieces of infrastructure. As a supplement to the Block-level damage estimates provided in the Seismic Concern Live and Seismic Concern Training Modules, the Critical Infrastructure Module supplies the User building-level damage estimates. The value of this module is that targeted, rapid, damage estimates to key buildings in a jurisdiction, such as a hospital, power plant, school, etc. can provide situational awareness to key decision makers and government officials. The enhanced situational awareness will facilitate response, rescue, and recovery decisions when used in conjunction with subject matter expertise and experience. When used in conjunction with the Seismic Concern Training Module, the Critical 18 se,srn:c Concemrn SOW Cupertino 1C Infrastructure Module can facilitate enhanced knowledge of infrastructure availability when subjected to a variety of possible earthquak e scenarios. 6.5.2 Process Configuration The process configuration procedure for the Critical Infrastructure Module is integrated into both the Seismic Concern Response, Preparedness, Recovery and Mitigation Modules in order to provide ease of use . The information provided by the Critical Infrastructure Module on the Damage Map may be toggled on and off. 6.5.3 Process Validation/Targeted User Training Pr ior to deployment of this module, unlike the Seismic Concern and Seismic Concern Training Modules, information from the User is required. Specifically, structu r al drawings and specifications shall be received, and analyzed by One Concern personnel prior to Module deployment. One Concern personnel will work with the members of the User's Planning or Engineering Departments, as required, to acquire appropriat e information. One Concern personnel will supply training on effective use of the Critical Infrastructure tool. ·19 Se:srn!c Concemrn SOW Cupe!"t!no 1C APPENDIX A-ONE CONCERN/ CUSTOMER RESPONSIBILITIES This proposal assumes parties will provide products (hardware and software) and/or services as outlined in this Statement of Work. Seismic Concern TM Description Cuperti n o One C oncern Designate a Seismic Concern Point of Contact ,/ ..f Appoint Seismic Concern Administrator and User(s) ,/ prior to training Provide contact information for Emergency .( Manager Director Provide contact information for Head of IT (or ,/ similar position) Provide contact information for GIS Official ,/ Provide contact information of two contacts for receiving any announcement related to Seismic ,/ Concern products and services Provide address where installation will occur ,{ Provide address where Administrator and User ,/ training will occur Provide information regarding the hardware ,/ environment at the location(s) of installation (e.g . operating system software, graphics card, etc.) Provide information regarding the software ,/ environment at the location(s) of installation (e.g . browser details, etc.) 20 Se:srn:c Concern™ SOW Cupertino 1C Seismic Concern TM Description Cupertino One Concern Provide and install anti-virus software .( Ensure all required network security measures (e.g . -.( firewalls, hardware, etc.) are implemented prior to installation of Seismic Concern Ensure the location has the necessary I hardware/software requirements for running Seismic Concern (e .g. Ability to run WebGL, Enough CPU to handle requests, etc.) Ensure stable internet connection for accessing the I product Ensure Seismic Concern is accessible from the .( installed locations(s) Provide MAC and IP addresses of computers ./ accessing Seismic Concern Provide specific information required for ./ customizing Seismic Concern (e.g . GNIS/FIPS, infrastructure details, etc.) Verify extent and information of the displayed GIS -I map Provide access to Customer credentials for ./ troubleshooting Provide access to Customer hardware for ./ troubleshooting 21 Seismic Concern TM SOW Cupertino 1C APPENDIX B -SYSTEM REQUIREMENTS 1.0 User Software Running the module will require a computer running Google Chrome Browser version 49 and above.1 The browser must have an option of enabling/disabling browser cache as well as enabling/disabling graphics hardware acceleration. Setting up the Seismic Concern modules would require enabling the graphics hardware acceleration option. Minimum requirements for installing the above software can be found on the respective vendor web sites. Initial setup of the Seismic Concern modules will include a quick system viability test. Seismic Concern's functions are currently not supported on mobile devices. 2.0 Server Software Seismic Concern is a Software as a Service (SaaS) platform and will not require any server setup to be performed by the Customer. Server setup is typically performed by One Concern personnel. There may be requirements specific to the Customer which One Concern will assist with during system configuration. All server setup will include viability tests while incorporating the new Customer. 1 Certain graphics cards and drivers are blacklisted/white listed by browsers, because they are known to cause serious bugs or crashes. Please note that the system accessing Seismic Concern should not have a graphics card -browser combination present in any such blacklists/whitelists since this might prevent ability to use the product. 22 Seism!c Concern TM SOW Cupertino 1C 3.0 Hardware Seismic Concern modules do not require any proprietary hardware . Typical computer requirements are specified below: Hardware Specifications Processors Two -Intel Core i5 2.7GHz/2x6MB Cache Memory 8GB Hard Drive 500 GB 5400-rpm hard drive Power Supply Redundant PS Graphics/Displays Intel HD Graphics 4000 2 4.0 Internet Connectivity Seismic Concern is a Saas platform and will require internet connectivity to function. All computers accessing any of the Seismic Concern modules must have access to the internet. Firewalls which cause prevention from accessing the software should be disabled. An internet connectivity speed of 25 Megabits per second is recommended for smooth performance. 2 Certain graphics cards and drivers are blacklisted/white listed by browsers, because they are known to cause serious bugs or crashes. Please note that the system accessing Seismic Concern should not have a graphics card -browser combination present in any such blacklists/white lists since this might prevent ability to use the product. Se:srnic Concem 1 "' SOW Cupertino 1C APPENDIX C -SEISMIC CONCERN ARTIFICIAL INTELLIGENCE TECHNIQUES Our data, which refers both to inputs to our models as well as displayed statistics, is sourced from a mixture of publicly available data and proprietary data sources. 'Artificial Intelligence' (AI) and 'Machine Learning' (ML) consist of a set of mathematical, algorithmic and computational tools that, at a high level, seek to identify generalizable structure and patterns in data. In this case, the motivation is to predict structural damage for a census sub-block given information about the building, the environment, the geography and the earthquake event itself. Contrasted against conventional modeling approaches, this approach does not attempt to e xplicitly model the mechanism of damage or build a tailored empirical model for only a particular use case, but instead implicitly learns the association that building damage has with a number of other variables, usually referred to as 'features.' Stated more formally using standard mathematical notation, if a collection of m data points in 11 - dimensional 'feature' space is represented by XE R 111 x 11 , and the output labels for m data points are represented by y E L"' (where L is the set of possible damage states), our goal is to learn a hypothesis function h : R " -L, that takes as input a vector of 11 features x E R" (a single data point), and outputs the most likely damage state given the data . There are multiple stages to 'learning' this hypothesis, which are described briefly below. First, the selection of features is one of the most important tasks-identifying a set of data sources that are meaningful and relevant to predicting damage is among the most challenging steps, and our work in this area is fundamental to the value we provide . There are additional pre-processing steps required to 'clean' and 'transform' the data, such as standardization and dimensionality reduction, which are often necessary to respect assumptions about the data made by models further downstream. The form that the hypothesis takes depends on the model employed-popular models in the ML stable include simple linear regression/classification, support vector machines, Bayesian classifiers, decision trees, neural networks, etc.; many of these models differ significantly in their assumptions, and thus have different trade-offs in terms of their predictive capabilities. The 'most likely' damage state is influenced by the modeler's objective as well as the underlying model employed-for e xample, this could be on 24 Seisrn!c Conce:-r1rM SOW Cupertino 1C the basis of minimizing mean-squared prediction error for a regression formulation, or maximizing accuracy for a classification problem, among many others. The MUAI approach allows us to predict confidently on unseen earthquakes across a broad range of input conditions through a process of training and testing. Initially, the data set is split into 'training' and 'test' sets: model learning and tuning occurs on the training set, and its quality is finally evaluated on the test set. At the training stage, feature and model selection (both the choice of model as well as its specific parameterization) are subjected to a process whereby learning occurs on random subsets of the training set, and the model's scoring metric is evaluated on the rest. This usually occurs in 'folds'-imagine if the training data were to be split into k equally sized, random subsets called 'folds', then the model is trained on k -l folds of the data and validated on the remaining fold; this process is repeated k times, with each of the k folds used as the validation fold once . Then, the estimator/model that performs the best on average over all the folds is selected. This process effectively learns on some data and is then validated on 'unseen' data-this allows models to generalize well, as the cross-validation process ensures that the model does not overfit the training set. ML models often have hyperparameters that need to be optimized at this stage as well. Finally, after the cross-validated feature selection, model selection and hyperparameter optimization process, the model's scoring or accuracy metric is measured on the test set. The Training Module employs state-of-the-art ground motion attenuation models to generate ground shaking maps, given the location of the epicenter, the magnitude of an earthquake, and other parameters about the fault and soil. This is a complex process that includes geophysical modeling of fault lines and simulation of spatially-correlated shaking, which subsequently feeds into our MUAI model to generate damage maps and reports as described earlier in the proposal. 25 Seismic Concern 1 '1 SOW Cuper tino APPENDIX D -COST PROPOSAL Summary: Date: Quote for Seismic Concern for City of Cupertino November 09, 2017 1C Disclaimer: Quotes issued in US Dollars & Valid 45 days from issuance unless otherwise indicated. Product ID Description QTY Price Extended Price SC-101{P)-Seismic Concern Bundle for population area 1 $43,400 $43,400 CPT for 62,000 residents of the City of Cupertino per year first year, for 1 year subscription with 2 year renewal optional option renewal • Seismic Concern Response Module, for years 2 10 user licenses and 3 at • Seismic Concern Preparedness $38,000 Module, 10 user licenses, 24 per year. Simulations Annually • Seismic Concern Mitigation Module, 10 user licenses, 24 Simulations Annually • Seismic Concern Recovery Module, 10 user licenses, 24 Simulations Annually • Seismic Concern Critical Infrastructure Module for (TBD) structures. TS -CPT FSS Daily Rate -Onsite Instruction or 6 $10,000 waived Administrator Training (all modules) TPD-CPT Travel and Per Diem 6 $5,000 waived Administrator Training and Process Discovery (all modules) SSP-CPT Software Service Support Plan -Seismic 1 $15,000 waived Concern I Seismic Concern Training Bundle (all modules) SSP-CPT Software Service Support-Live {all modules) 1 $15,000 waived TOTAL SUM $43,400 26 ONEC0-2 OP ID: JK ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DDIYYYY) ~ 12/21/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~i~cT Casey Scollin (415) 512-2105 Sweet & Baker Ins. Brokers Inc ritJgN:o Extl : 415-512-2100 I FAX 44 Second Street (AJC Nol: 415-512-1115 San Francisco, CA 94105-3440 E-MAIL ADDRESS : Casey Scollin (415)512-2105 INSURER(Sl AFFORDING COVERAGE NAIC # INSURER A : Great American E & S INSURED One Concern, Inc INSURER B: Hiscox Insurance Company Inc. 10200 Attn: Ray Mueller INSURER C : 646 Waverly Street Palo Alto, CA 94301 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC Y PERIOD INDICATED . NOTWITHSTANDING AN Y REQUIREMENT , TERM OR CONDITION OF A NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DES CRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXC LUSIONS AND CONDITIONS OF SUCH POLI CIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADD L SUBR POLIC Y EFF POLICY EXP LTR TYPE OF INSURANCE !INS D WV D POLICY NUMBER (MM/DDIYYYYl {MM/DDIYYYYI LI MITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURR ENCE s 1,000,000 >--~ CLA IMS-MA DE 0 OCCUR UAMA<.St: IU RENTED X X PL1744602 06/23/2017 06/23/2018 PREM ISES IEa occurrence\ s 500,000 >-- >--MED EXP (Any one person) s 20 ,000 PERSONAL & ADV INJURY s 1,000,000 -GEN'L AGGREGATE LI MIT APPLIES PER: GENERA L AGGREGAT E s 2 ,000,000 ~ DPRO-D LOC PRODUC TS -COM P/OP AGG s 2,000,000 PO LI CY JECT OT HER: ded s 2,500 AUTOMOBI LE LIABILITY COMB INED SING LE LI MIT s Included tE a accide nt' -A ANY AUTO PL1744602 06/23/2017 06/23/2018 BO DILY INJURY (Per person} s -ALL OWNED -SCHEDULED AUTOS AUTOS BOD ILY INJURY (Per accident} S -x X NON-OWNED PROP ERTY DAMAG E s HI RED AUTOS AUTOS !Per accidentl -s UMBRELLA LIAB HOCCUR EACH OCCURRENC E s 4,000,000 - A X EXCESS LIAB CLA IMS -MADE XS1744603 06/23/2017 06/23/2018 AGGREGAT E s 4,000,000 OE D I X I RETE NT ION s 0 s WORKERS COMPENSATION I ~~%UTE I I OTH - AND EMPLOYERS' LIABILITY ER YIN ANY PR OP RIETOR/PAR TNER/EXECUT IVE D N/A E.L. EAC H ACC IDENT s OFF ICER/ME MBER EXC LUDED ? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE S If yes, describe under DESCRI PTI ON OF OP ERAT IONS below E.L. DISEASE -POLI CY LIMIT s B E&O MPL 175278017 06/23/2017 06/23/2018 Limit 1,000,000 Ded 2 ,500 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Add itional Remark s Schedul e, may be attached if more space is required) City, its City Council, boards and commissions, officers, employees and volunteers are included as an Additional Insured as respects General Liability for the operations of the Named Insured l)er written contract. Waiver of subrogation applies per policy form ESG3206. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino, CA 95014-3202 AUTHORIZED REPRESENTATIVE I ~/il,/J,~ © 1988-2014 ACORD CORPORATION . All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD