[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
Exhibit 10.1
CONTRACT:
"
TELEMATIC
MONITORING OF CONDEMNED SERVICE
"
GENDARMERIE OF CHILE
WITH
"TRACK GROUP CHILE SPA"
In
Santiago, Chile, October 18, 2017, appear, on the one hand, Mr.
JAIME DAVID ROJAS FLORES
,
Chilean, identity card number 9.155.944-7, in his capacity of
National Director of Gendarmerie of Chile, appears as accredits,
Public Service under the Ministry of Justice, both domiciled at
Calle Rosas No. 1264, district of Santiago, Metropolitan Region,
herein after the "Service", "The Institution" or "Gendarmerie",
and, on the other hand, Mr.
DIEGO
PERALTA VALENZUELA
, Chilean, national identity card N °
5.009.310-7, by profession lawyer, representing, as will be
accredited, the company
TRACK GROUP
CHILE SpA
, RUT N ° 76.321.923-2, legal entity of the
line of services, both domiciled in Isidora Goyenechea 2800 floor
43, Las Condes, Metropolitan Region, who will henceforth be called
the "
Contractor
" or
"
The Company
"; those who
state that they have agreed to the service provision contract that
consists of the following:
FIRST
:
CONTRACTUAL
PRECEDENTS
-. On November 13, 2013, a first contract of
“Telematics Monitoring Condemn Service" was signed between
the company SecureAlert (today Track Group Chile SpA), which was
approved by Exempt Resolution No. 2445 of November 15 of the same
year, contemplating a temporary extension of 41 continuous months
from the date in which the administrative act that took reason of
the aforementioned contract was fully processed.
On August 7th, 2014, the agreement was signed between the parties
amending Convention, which excludes the benefits contained in the
primitive contract, the telematic monitoring of the sentence of
intensive probation. This amending agreement was approved by the
resolution procedure N ° 2019 of August 12 of the same
year.
On April 23, 2015, a modification of the contract was signed
between the parties in accordance with which the change of the
contractor's social reason was made official, modifying the name
of
SECUREALERT Chile
SpA to TRACK GROUP Chile SpA
. This contractual modification was
approved by resolution procedure N° 866 of May 29,
2015.
On November 19, 2015, the parties signed a new amendment to the
contract by which all the initial benefits contemplated by the
primitive contract were reinstated, i.e. to their application to
the substitute sentence such as the Partial Seclusion and Intensive
Probation. This amendment was approved through resolution procedure
No. 2211 of December 14, 2015.
SECOND
:
ADMINISTRATIVE
PRECEDENTS-
. On
October 5, 2012 is dictated the resolution procedure N° 1766
that "offers the call to public bidding and approves administrative
and technical bases for the hiring of the service of telematic
monitoring of condemned according to requirements indicated" Which
gave cause to the tender for public proposals ID
634-66-LP13.
On
January 6, 2017, and in order to issue a pronouncement regarding
missive from TrackGroup Chile SpA to the Head of the Telematic
Monitoring Department, the Head of the Gendarmerie Prosecutor's
Office of Chile through the official letter No. 10 concluded that
the circumstances of fact and law that modified the contractual
execution "must be accounted for the extension of the reckon of
that one".
On February 7, 2017, and through Ordinary Letter No. 72, TrackGroup
Chile SpA was notified of the circumstance that the date of
completion of the execution of the contract for 41 months would
correspond to October 17, 2017.
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PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
On
October 17, 2017, Resolution No. 321 was issued, which "approves
hiring under the modality of direct treatment of the "Telematic
Monitoring Service" with Track Group Chile SpA, for the reasons and
under the terms set out indicate "covered by the legal grounds that
entitle them to proceed through direct treatment, established in
Article 10, number 7 letter f, of the DS No. 250 of 2004, of the
Ministry of Finance, which establishes the Regulation of Law No.
19.886, on Administrative Contracts of Supply and Provision of
Services, rule that provides that direct contracting must proceed:
"When, due to the magnitude and importance implied hiring is
essential to resort to a particular provider because of the
confidence and security that derive from their proven experience in
the provision of the required goods or services, and provided that
it is reasonably considered that there are no other suppliers that
provide such security and trust".
THIRD
:
TECHNICAL
REGULATION OF THE CURRENT CONTRACTING-.
In order to ensure
the uninterrupted continuity of the telematic monitoring of
condemned services that the Company provided until October 17,
2017, this contract will include the standards and technical
specifications contained in the document called
TECHNICAL CONTRACT ANNEX THROUGH DIRECT
TREATMENT OF TELEMATIC MONITORING OF CONDEMNED SERVICE
,
antecedent that includes pertinent sections of the Technical Bases
approved by the Resolution N ° 1766 of October 05, 2012 and
that managed in its opportunity the tender for the hiring of the
telematic monitoring of condemned service ID 634-66-LP13, which is
known from both the parties.
FOURTH
:
OBJECT AND
CHARACTERISTICS OF THE CONTRACTED SERVICE
. The company must provide to the
institution the Telematic Monitoring of Condemned Service, which
includes the following:
The disposition of monitoring software, and the provision,
installation, replacement and removal of monitoring devices,
training of Gendarmerie personnel, maintenance of the system, the
Monitoring Center and the Regional Monitoring Support Center and
the maintenance of their equipment, all this according to what is
established in the pertinent technical annexes.
The services that are hired must faithfully comply with the
requirements contained in the pertinent technical
annexes.
FIFTH
:
CONTRACT
PRICE AND METHOD OF PAYMENT OF THE HIRED
BENEFIT.
[***]
This being a contract for the provision of services, in the event
that the Company records unpaid balances of social security
payments or contributions with its current employees or workers
hired during the term of the contract, the first payment statements
resulting from the contract must be allocated to the payment of
those obligations, the Company must certify that all of the
obligations are settled upon completion of half of the contract
execution period, with a maximum of 6 months.
Gendarmerie
shall require the company to proceed to such payments, having
submitted the latter, in the middle of the period of execution of
the contract, the receipts and forms showing the total fulfillment
of the obligation or the certificate of work history and Provisions
n ° 30, granted by the management of the work of an antiquity
no more than 30 days since its date of issuance.
The
failure to comply with these obligations will give right to
gendarmerie to terminate the contract prematurely.
It is stated that it does not constitute an obligation of
gendarmerie, nor does it assume responsibilities of any kind, if
the number of condemned persons to whom the Telematic monitoring
service is applied is not produced on the basis of the information
entered in the A Technical Nexus "referential projections: Benefits
Direct treatment". This without prejudice to differentiated unit
prices established previously.
SIXTH
:
DEADLINE AND
EXECUTION OF THE CONTRACT-.
In order to ensure the
continuity of the telematic monitoring services, this contract will
start its validity from the moment of its subscription and will
have a duration of 365 consecutive days counted from its
subscription, unless at that date Gendarmerie of Chile has not
certified the reception of milestone N ° 2 established in
section X of the Technical Bases "Implementation of the project"
within the framework of the bidding process of the Telematic
Monitoring Service for the Convicted with ID / 634-35-LR17, in
which case, the validity of the contract will be extended until the
certification of that milestone.
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WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
However,
the aforementioned reception of the milestone N° 2, will not
be verified before the arrival of the 365 days of validity of the
contractual link.
Without prejudice to the opportunity of entry into force of this
contract, the payments arising from the performance of the benefits
contained therein, shall be subject to the opportunity in which it
is reasoned and is fully processed the administrative Act which
Approves it, which will be posted on the site.
However, the extension of its validity beyond the budget year of
2018, will be subject to the existence of sufficient resources for
this purpose, in the respective annual regular budget of the
Institution. Therefore, the Gendarmerie of Chile is now authorized
to terminate this contract, before the original deadline indicated,
invoking as a basis, the lack of sufficient resources in the budget
year in question.
Said unilateral decision of Gendarmerie
does not imply the payment of any amount for any concept other than
the payment of the services provided by the Company, until the date
indicated in the corresponding notification that, to that effect,
practice the Service to make known the circumstance
indicated.
Terms of delivery service
The company must deliver the Telematic monitoring service in
operation and implemented continuously in 100% from the moment of
the subscription of this contract.
It will be the obligation of the Company to make, at the request of
the Gendarmerie of Chile, adjustments or improvements to the
applications and systems in force on the date of signing the
contract and that are destined to the control and follow-up of the
substitutive sentence to the privative or restrictive ones of the
freedom.
In this sense, and without the following statement being
exhaustive, and in exemplary way the contractor may be required
to:
1.
Field incorporation in the systems and in the documents that these
come.
2.
New functionalities designed to facilitate the operation of the
system.
3.
Improvements in the reporting system.
4.
Incorporation of new icons colors tables diagrams and general
improvements in the layout and the layers of presentation of the
functionalities of the systems.
The requirements of the Gendarmerie must be answered within 48
hours of its formulation. In the response issued by the company, it
must decide on the feasibility of developing the requirement and
the deadlines committed to execute them, which may not exceed 5
business days. However, in the event that the type of requirement
involves a certain technical complexity duly founded, the parties
may by mutual agreement agree to a term longer than indicated
above.
SEVENTH
:
THE
ESSENTIAL OBLIGATIONS OF THE CONTRACT
Monitoring system
The
System must contemplate, as a minimum, the following:
a)
Be able to identify, in real time, the place where the condemned
is, establishing the opportune mechanisms of warnings that allow to
detect the transfer or breach of the limits established by the
judicial authority.
b)
To provide, in a continuous and reliable way, precise information
about the location -in coordinates, inside the chilean geography-,
where the condemned is found for the case of the intensive
probation, or his state (presence or absence in the domicile), for
the case of partial seclusion.
c)
Have the necessary mechanisms to detect and report attempts to
defraud or falsify the information previously
indicated.
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REQUEST.
d)
To warn when the condemned is close to passing an area of
inclusion, or to enter an area of exclusion, fixed
judicially.
e)
Immediately communicate the incidents which, in the sense indicated
in previously, are produced; as well as to communicate the warnings
to the competent personnel for the control of the condemned, to all
the persons deemed appropriate, by any means of communication of
the system.
f)
The provider system must be in a web site, allowing remote users
authorized by the Gendarmerie, to access the location information
of the convicted person and/or the victim.
g)
The company must deliver the network architecture of the telematic
monitoring system and, in particular, detail the connectivity
parameters at the network level of the different stages that make
up the solution and the information security aspects, such as rules
and filters Access at the level of firewalls that will protect the
system from intruders and attacks. The Company must provide the
necessary hardware and software to do so. In addition, it must
include the necessary means for the tasks of backup and recovery of
the system.
h)
The solution should allow for uninterrupted operation 24 hours a
day, every day of the year. It is essential that mechanisms are
considered to ensure the operational continuity of the service,
which should be described by the Company in the topology of the
system, according to the services available. To ensure this high
availability, the architecture must contain as many redundant
elements as necessary, both at the software and hardware level
(power supplies, fans, mirrored arrays of disks, data links,
etc).
i)
The system must handle and allow a capacity of 10,000 users to be
monitored simultaneously. "Loosely" means that the processing,
memory and data storage resources are under 70%
utilization.
j)
The software must be configurable, allowing the administrators to
modify the status of the warnings generated by the
devices.
k)
The software system
interface will always be in Spanish.
l)
The applications of the software will allow the hierarchy of user
levels and management, through at least the following
profiles:
●
Operative
user
●
Super administrator
user
m)
It will generate work orders, manage and schedule the
installations, etc., in order to coordinate the installation,
removal and technical support activities of the
devices.
n)
It will allow managing all the events that occur, with the purpose
of keeping a control over them and being able to make statistics on
the information generated from the monitoring, accessing all the
variables that the system delivers.
o)
It will allow the administrative management of the monitoring
service. This tool will be able to handle accounting aspects
regarding facilities, uninstallations, replacements, such as the
operation of the Monitoring Center itself.
p)
The system will
give full support to all the functionalities that arise from the
process diagrams, according to the respective technical
annexes.
q)
The system will offer, within its functionalities, the creation of
dynamic reports, according to the needs of the Service, among
them:
q.1)
Statistical
Reports.
●
Event log: summary
report with what happened during the previous night, indicating the
warnings (pre-alarms and alarms) produced. All this must be
indicated with the time of occurrence, convicted involved and
victim (if it is applicable).
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REQUEST.
●
Summary of convicts
who registered warnings, separated according to the type of
sentence (Partial Seclusion or Intensive probation).
●
Convicts in valid
status in the system.
●
Convicts who
registered alerts.
●
Individual report
of convicts subject to night detention, who must detail the time of
entry, time of departure and alerts.
●
Individual report
of convicts with monitoring in exclusion zones, which should
include surveillance route and alerts.
In
addition, the reports in question will include bar, line and
circular graphs, with individual and aggregated data. The report
will be able to be exported to standard formats, such as Excel,
PDF, Word, etc.
q.2)
Administrative
reports
As
indicated above, the system will allow extracting reports of an
administrative nature, such as:
a)
List of
installations carried out.
b)
List of
uninstallations made.
c)
List of monthly
visits of preventive and corrective maintenance, made to the
Monitoring Center.
d)
List of relevant warnings for the period.
e)
List of developed training services.
f)
List of other relevant activities not included in the above and
that are part of the obligations established in these
terms.
g)
Devices in a state of validity in the system.
The
functionalities indicated in letters m), n) and o) above will be
operated by both Monitoring Centers and by the Social
Rehabilitation Centers of the country.
The
Company will develop applications that aim to improve processes and
interoperate with other computer systems, corporate or external, in
case the Gendarmerie requests it for better functioning of the
telematics monitoring service.
Service coverage.
It
corresponds to the percentage of the national territory covered by
the cellular mobile data network, with map mapping, at the level of
street names and number of addresses. It is required that the
system contemplates, regardless of the percentage, coverage in all
the communes of the country (currently 346).
Level
of service committed to the availability of the monitoring
system.
It
corresponds to the percentage of minutes available per year of the
solution committed by the Company, that is, the state in which the
system is able to monitor all the installed hardware and software
functionalities, including the necessary telecommunications. The
remaining minutes of non-availability (difference between 100% and
the percentage of availability) will be considered as minutes per
year destined for scheduled work for maintenance and updating of
the system, in which an interruption of the monitoring service is
required.
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REQUEST.
The
Company presents a solution with an availability of at least 99.7%
of the available minutes per year. This implies that on a monthly
basis, the Company cannot accumulate more than 120 minutes
dedicated to programmed work that implies unavailability of the
monitoring service. Each scheduled work must mean less than 15
continuous minutes of unavailability of the monitoring system.
Scheduled works must be authorized by the Gendarmerie and carried
out preferably during the maintenance window schedule. The
maintenance window should go from 3:00 PM to 8:00 PM. The
authorization of the programmed works must be requested, presented
in writing, 48 hours in advance, a work plan to the Department of
Telematic Monitoring, clearly indicating:
a.
Name, national
identity card (or passport), position, company, contact telephone
number and email address of the engineers and / or technicians
responsible for the scheduled work
.
b.
Objective
of the scheduled work.
c.
Scope
of scheduled work, indicating which stage of the whole system
affects.
d.
Start
time and end of scheduled work.
e.
System
unavailability time during scheduled work.
f.
Actions
of return back (rollback).
It is
the responsibility of the supplier company to coordinate this
information with the subcontractor companies so that Gendarmerie of
Chile is opportunely informed with respect to the programmed works.
The breach of the service level of the monitoring system implies
the collection of fines to the supplier company, in accordance with
the relevant provisions of this contract.
Data Center
The
Company has a certified Data Center to install its processing
servers and the necessary databases. Said Data Center will
communicate with the Monitoring Centers through a data transport
network supported with quality of service, for example: transport
network with MPLS (Multiprotocol Label Switching) or its
equivalent, for example, IBM Cloud, used for the operation of the
previous contract. This transport network must allow communication
between the wireless data network, the Monitoring Centers, the Data
Center, the Gendarmerie data backbone and the data backbone of
Carabineros of Chile and / or the Chilean Investigation Police, if
that corresponded. All the required inputs (routers, switches,
wiring, labeling, lease of links, etc.) to achieve this
communication will be of the Company's cost.
Data Center Certifications
Certification
will be in compliance with international standards, understood as
those specified in North American or European
standards.
The
Company has its own or outsourced Data Center, which, at least, has
the following certifications:
a)
Structured wiring.
b)
Energy backup system.
c) Fire
protection system.
d)
Climate system.
e)
Grounding system.
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PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
Data Center hardware and software
specifications
.
The
following is a list of the minimum elements that the Company has in
the architecture for the Data Center processing and database
racking equipment:
a)
Monitoring servers
with their respective licenses, with exclusive dedication to the
monitoring system. The shared use of servers with third parties, or
the virtualization of servers is not allowed.
b)
Software with the
monitoring server applications and their respective
licenses.
c)
Database engine
software with their respective licenses.
d)
Database system
with mirrored disk arrays.
e)
Hardware required
for data connectivity with redundant links that allow access to the
Gendarmerie data processing, database and backbone servers. The
routers and connectivity configuration services, as well as the
enabling and laying of cables, fibers, connectors, etc., will be
the responsibility of the Company.
f)
Hardware and
software of firewalls that allow defining a safe zone through
security policies.
The
high availability of the architecture contains as many redundant
elements as necessary, at the software and hardware
level.
Renewal of hardware equipment installed in Data Center
The
Company will replace, if necessary due to failure or obsolescence,
the equipment to guarantee the operational continuity of the
contracted service, a situation that will not represent any cost
for Gendarmerie of Chile.
Encryption of information.
The
Company will indicate the encryption levels of its solution,
between the devices and the monitoring system. The contractor is
required to present at least the level of encryption of the device
in the air channel.
Backups
It will
be the obligation of the Company to maintain permanent backups of
the database that generates the telematic monitoring service and
deliver daily copies to the Gendarmerie.
Obligation of maintenance and periodic update of the Local
Database
The
Chilean Gendarmerie will have a Local Database hosted in its own
dependencies destined to the storage of all the information
generated by the Telematic Monitoring System.
The
Company must ensure the historical update of the information
contained in the Database that the Gendarmerie of Chile has
throughout the term of this contract.
The aforementioned updating process will be
carried out every two months and will be required by the Telematic
Monitoring Department within 30 calendar days following the
expiration of the respective due time.
Once
the date of termination of the contract has arrived, the Company
will have 30 consecutive days to accredit the total update of the
Database with all the accumulated historical information, that is,
the one that was accumulated in the Database at the beginning of
the services, as well as the IFT and Trackerpal systems, in
monitoring the penalties that to date are controlled until the end
of this contract.
For
purposes of proving that the process of updating the Database is
complete in the sense that it contains all the information
required, the company must provide a database of its own to which
Gendarmerie of Chile can only access to make
inquiries.
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REQUEST.
In the event that the Chilean Gendarmerie verifies breaches and /
or delays in the established obligations, it will be subject to the
provisions of Article 10º of this contract.
Telematic Monitoring Devices
-
Monitoring device
for Condemned
.
The devices for telematic monitoring have the following fundamental
characteristics:
a. The device identifies the condemned person unequivocally in the
monitoring system.
b. The device reflects the convict’s position, either in the
form of coordinates or in the form of presence or absence within a
specific geographic area, according to the streets to be completed.
There are areas of inclusion that will restrict the displacement
and permanence of the convicted person in his home during
predefined times judicially in the case of the penalty of partial
imprisonment.
c. The monitoring devices are easy to install and adjust and are
equipped with a manipulation detection mechanism, which is able to
verify this type of events and transmit them to the Monitoring
Centers. Any attempt to mismanage, attempt to discard it, open the
box containing the receiver, physical damage to the equipment and
improper removal of the device or tracking unit, which does not
allow the optimal functioning of the telematic monitoring service,
is "manipulation".
d. The data transmitted by the solution must, in turn, be
transferred to the Monitoring Centers by means of a communication
system, allowing this transfer in an autonomous manner, at least
every 2 minutes, being able to be configured remotely so that this
transfer can be done in a greater or lesser time, according to the
needs of Gendarmerie.
e.
The solution is able to
configure a parameter that will establish the maximum distance or
the measured radius from the location of the device or tracking and
receiving unit, to which the condemned can go. This value must be
configurable through the programming made from the Monitoring
Center.
In the case of the sentence of Intensive probation, the margin of
error of measurement, between the real location of the prisoner
monitored and the coordinates sent by the device, must be less than
24 meters.
f. In the case that the means of transport of the location data of
the convicted person is the mobile telephone network, the solution
must consider the CELL-ID information or identifier of the cellular
telephone base station to which the convicted person is connected.
The Company must provide a visualization system that allows
identifying, in a map, the approximate location of the convicted
person.
g. Those devices that are in permanent contact with the body of the
condemned will be hypoallergenic and resistant to water, at high
operational temperatures, changes in temperature, humidity and
extreme conditions.
h. Likewise, the transmitting device will comply with the maximum
electric field levels allowed by the Sub-secretariat of
Telecommunications (SUBTEL), in a way to not generate relevant
interferences with other electronic and / or telecommunications
devices.
i. The device, in conjunction with the software system, will be
able to autogenerate different levels of warnings in real time,
both from entry into exclusion zones, and from exits from inclusion
zones,
as well as the
pre-exclusion zones that allow generating pre-alarms, which should,
if necessary, be able to be determined
remotely.
k. It must also allow bidirectional communication between the
convicted person and the Monitoring Centers through the unit itself
and/or an additional device, which must be carried by the
condemned. This communication channel will be used to transmit
warnings from the Monitoring Centers.
l. The device in conjunction with the software system must
contemplate a mechanism of conservation and recovery of information
in case of failures.
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REQUEST.
m. The device must have an autonomous power supply system,
information on the battery's state of charge and alert to the
Monitoring Centers when the battery's charge status is
low.
n. The device, in conjunction with the software system, must
transmit alerts to the Monitoring Centers when the convicted person
transgresses the limits established in the sentence for their
displacement or those limits established in the Gendarmerie action
protocols to avoid potential rupture of the sentence.
Device for the victim
.
In addition to the characteristics mentioned above, the device for
the victim will consider, in accordance with article 23 bis of Law
No. 18,216, the following minimum technical
requirements:
a.
Allow in the monitoring system, unequivocally, the knowledge of the
location of the victim communicating its position to the Monitoring
Center, when it is noticed the proximity with the condemned,
according to pre-established parameters.
b.
The device, in conjunction with the software system, must allow
knowledge of the victim's location within the national territory
and communication of its position to the Monitoring Center, through
some technological means, its combination or any other development
that improve its functionality.
c.
Allow bidirectional communication between the victim and the
Monitoring Centers. Allow the system to emit a perceptible signal
in the Monitoring Centers in case of proximity between the
convicted person and the victim.
The devices to be installed in the home of the convicted person,
the body of the convicted person and / or the victim, use a
wireless data transport network to communicate with the Monitoring
Centers. In case of using the GPS cellular data network, a
dedicated APN should be created in the Core MPBN of the mobile
operator associated with the Company and have at least one level of
data encryption, either at the device level and / or in the
communication channel and / or end-to-end encryption etc. The
Company will detail its security levels throughout the
communication section.
Installation, support and removal of devices.
An integral solution will be provided to achieve the proposed
objectives, considering the certification of technical feasibility,
installation, technical support and removal of the monitoring
devices, together with the Gendarmerie, throughout the national
territory. This service must consider, at least:
a. - The "technical feasibility certification", which consists in
the issuance of a document, to be called the "technical feasibility
certificate", which indicates the possibility of supervising the
convicted person through the telematic monitoring system to be
hired. In case the result is negative, said certificate must be
founded.
b. - The supply, installation and removal of the devices required
for the implementation of the system, in time and form, in
accordance with the requirements of Gendarmerie of
Chile.
c. - Provide permanent technical support, remotely, through
professional support for failures that arise in the manipulation of
devices. If a solution of the damage is not possible, the supplier
company must proceed to perform the repairs in person.
For the installation process of the device, the provider will be
accompanied by an official to be designated by Gendarmerie. In the
case of the sentence of partial seclusion, if required, in
accordance with the available technology, perform an installation
in the home of the convicted, the company must provide the
necessary transportation to mobilize its staff with the Gendarmerie
official from the Center of Social Reintegration, up to the
domicile of the convicted person and from the latter to the Center
for Social Reintegration. The costs associated with this transport
will be charged to the company providing the telematic monitoring
service.
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PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
The benefits referred to in this contract are developed in the
processes contained in the following flow diagrams, incorporated as
technical annexes to this instrument:
For the installation of each device:
1. - Technical Annex "Application process and technical feasibility
analysis for installation of telematic monitoring
device".
2. - Technical Annex "Process of installing a telematic monitoring
device in the home of a convicted person".
3. - Technical Annex "Process of Installation of telematic
monitoring device to the victim".
To control compliance with the sentence:
1. - Technical annex "Process of control of the sentence of partial
seclusion".
2. - Technical Annex "Process of control of the sentence of
intensive probation".
3. - Technical Annex "Process of control of the termination of
monitoring and removal of devices".
Maximum time of response
The Company compromises to give a response time to provide
technical assistance (installation, uninstallation, replacement of
devices and technical support in case of failure) of 48 hours, in
the national territory. Regarding the report of the technical
feasibility report certification, the Company must evacuate it
within 24 hours counted from the request formulated by the
Gendarmerie of Chile.
Hardware and software from the Monitoring Center and the Regional
Support Center.
The company must permanently provide and maintain the necessary
technology and hardware, equipment, licenses and data link to
perform the telematic monitoring functions of condemned and victim.
The Monitoring center, for 25 operators and 3 supervisors, and the
Regional support Centre for 12 operators must be
maintained.
Computers for Operators
In order to administer and operate the system efficiently,
Gendarmerie will make available permanently 25 personal computers
(PCs) for the Monitoring Center and 12 personal computers for the
Regional Support Center, all of them with 4 GB in RAM. With HD
monitors, 1 Terabytes minimum, with 10/100/1000 Ethernet network
card, optical mouse, high performance graphics card not integrated
to motherboard and independent memory, keyboard and DVD recorder
for operators connected to the system of telematic monitoring and 3
similar computers for supervisors in the Monitoring Center. Each
computer should have 2 monitors with a viewing area of
not less than 19 inches each. The capacity and speed
of the processor must be at least three times the minimum required
by the system.
The Gendarmerie of Chile may require that the Company provide
maintenance, technical services, replacement in case of failure
and/or obsolescence of the equipment referred to in the previous
paragraph. The replacement should consider all the hardware
facilities that are deemed convenient to make the task of the
operators more efficient and effective, with the necessary space in
their hardware, incorporating Windows operating system, Microsoft
desktop software (Word, Excel and Outlook). Updateable anti-virus
software should be included. All these softwares must be installed
with their respective license.
Likewise, the Company must satisfy requirements related to
ergonometric aspects (example: physical disposition of the
equipment on the work space, comfortable seats, etc.), due to the
levels of concentration and time that the operators must dedicate
to this work.
-
Printers
.
The Gendarmerie of Chile will make available, two color printers,
multifunctional basic with network connectivity, that have, at
least, a scanner, that allows the digitization of sheets in letter
and trade form, it being the obligation of the Company to maintain
these equipments as well as to provide the necessary input for its
operation at the request of the Department of Telematic
Monitoring.
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REQUEST.
- General visualization system of the Monitoring Center and
Regional Support Center.
Gendarmerie of Chile will make available permanently, for the
Monitoring Center and Regional Support Center, 4 flat LED monitors,
42 inches, full HD (1920 x 1080 pixels), with PC input, HDMI input,
video input component and USB connection. The Company must, in the
event of faults and / or obsolescence, replace them by the same
model or higher, for this they must consider that said monitors
will be on 24 hours, every day of the year.
In addition, the Company must provide maintenance and replacement
in case of failures and / or obsolescence of the multimedia
projectors that Gendarmerie has arranged for each of the centers.
In case of replacement, the Company must consider the installation
and configuration of these equipments considering equipments of
equal or better quality in relation to the one that is
replaced.
Telephone exchange
Gendarmerie will provide an IP telephone exchange (which supports
VoIP protocols H323, SIP, etc.), with their respective switches
with QoS and Power over Ethernet and 70 IP annexes with viewfinder
and with the option of using a headset and speed dialing
capability, from the computer, through an optional softphone
application. There are also four fax machine devices, compatible
with the telephone center used.
The Company must provide maintenance and replacement in the event
of failures and / or obsolescence of the necessary elements that
make up the Telephone Center that Gendarmerie has arranged for each
of the centers. In the event of replacement, the Company must
consider the installation and configuration of equipment
considering models of equal or better quality in relation to those
that are replaced.
The Company must provide a free access line (line 800 or similar)
for the communication of convicts and victims to the Monitoring
Center, and two annexes where the calls made to it are received.
For connectivity against the PSTN, you must provide a frame with
overflow capability to 5 analogous trunk lines. The service of
connection to the public telephone network must be provided,
subcontracting it if necessary. The cost of the calls generated
from the Monitoring Center will be in charge of the Gendarmerie. In
case of power failure, the telephone service must have a minimum
autonomy of 15 minutes by UPS; the system and all its components
must be connected to the backup electrical network provided by the
generator.
Call recording system.
For voice communications, the company must provide a system capable
of recording all the communications established in the Monitoring
Center, for which it must contemplate the supply and installation
of a recording, editing, and Audio and reproduction administration
system with the following facilities:
a.
Be compatible with the monitoring system to perform the recording
function.
b.
Accept connection of analog and digital audio lines for
recording.
c.
Store together with the audio of each recording, the data of the
calls, such as number of origin, destination number, duration of
the call, date and time of the calls, etc.
d.
The call registration system must allow access to any stored call
at any time.
The storage period of the audio backed up files will be at least
three years.
It must provide a recording system that has a management system
with, at least, the following capabilities:
a) System that has a call finder by criteria such as: duration of
the call, date and time, number dialed and indication if the call
is incoming or outgoing from the Monitoring Centers.
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REQUEST.
b) Recording system that has an independent workstation, compatible
with the recording system, based on a complete computer system (PC,
19 '' monitor, keyboard, mouse, speakers, DVD recorder, etc.),
which must have the ability to be connected via network to the
recording system, and must also contain all the applications
necessary to supervise, operate and configure the system directly
on site.
Satellite telephone system
.
The Gendarmerie of Chile will provide two satellite telephones for
each monitoring center. It will be the duty of the Company to keep
them with an active balance for 12 continuous hours in each device,
to be used in emergency calls in case of catastrophe. The cost of
maintaining the satellite telephone service is borne by the Company
during the term of the contract. The balance must be available
again at the end of the emergency.
Gendarmerie of Chile may require the Company maintenance, technical
services, and spare parts for the same model or higher in case of
failure and / or obsolescence of the equipment referred to in the
previous paragraph
Renewal of hardware equipment installed in the Monitoring
Centers.
The Company must replace, if necessary due to failure or
obsolescence, the equipment to guarantee the operational continuity
of the contracted service, a situation that will not represent any
cost for the Gendarmerie of Chile.
Support, assistance and maintenance.
Support and assistance on site.
The Company must provide support and assistance that is available
on a permanent basis, that is, 24 hours every day of the year. The
support should be oriented to:
a)
Support
of the monitoring system.
b)
Support
to the operators and supervisors of the Monitoring Center and, in
general, to the Gendarmerie personnel that require it.
c)
Programming
and supervision of preventive and corrective maintenance
activities.
d)
Other
functions to be defined during the operation of the Monitoring
Center.
For these functions, regardless of the system of support and
assistance that is designed, you must have an official of the
Company that is available 24 hours in the active Monitoring Center,
in addition to attending any possible failures, of an urgent nature
or another similar requirement.
Repair and replacement of equipment against
failures
.
The Company must consider the repair and replacement (for parts and
original and new parts) of the equipment and accessories delivered
as part of this service.
Deadlines for installation, replacement, removal and technical
support of the devices.
a. The Gendarmerie will inform the Company of the requests for
installation and/or removal or replacement of the devices, with at
least 48 hours in advance of its execution. This implies that the
Company must be ready within that period to attend where
Gendarmerie requests it. In the event that the Company does not
appear, the fines indicated in this contract will
apply.
b. In the event that the device requires technical support, the
Company will have a period of 3 hours to solve the problem
remotely, counted from when the Gendarmerie or the Company itself
notifies the problem. In the event that the remote support does not
solve the problem within a period of three hours, the Company must
inform the Gendarmerie and the information described in letter a.-
of the previous paragraph will be applied.
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REQUEST.
c. - In the case of requesting the Technical Feasibility report for
the installation of a Telematic Monitoring device in the domicile
of the accused, the Company must have a web consultation portal,
where the Gendarmerie can consult online, entering the street, the
number and commune of the domicile of the accused for the purposes
of article 23 bis of Law No. 18,216. This portal must be available
24 hours a day, every day of the year, and its result will be
considered by the Gendarmerie as an official response from the
Company. The portal before a Feasibility query must show a result
of the type "Positive Installation Feasibility", "Negative
Installation Feasibility" and "Feasibility Pending to Resolve", in
case of meeting or not meeting the coverage requirements. The
reason must also be indicated in those cases where the feasibility
of installation has a negative result. In the event that the
Company requires to review and validate this response online, it
will have a period of 24 hours from the time of the consultation to
the site.
Preventive and corrective maintenance service.
The supplier company must deliver, to the technical counterpart of
the Monitoring Department, on the first business day of each month,
the planning of the preventive maintenance services and a monthly
report of the preventive and corrective maintenance services
performed the previous month. Strict compliance with the dates
planned by the contractor will be required.
In the case of equipment installed in the "communications room or
local data center" located at the National Telematic Monitoring
Center, a schedule of maintenance services must be delivered on the
first working day of each month, but it is understood that any
modification of this programming should be informed and justified
to the Gendarmerie staff for its authorization.
Preventive Maintenance.
The supplier company must prepare forms for carrying out preventive
maintenance services in each system. Once the maintenance work has
been completed, the corresponding tests must be carried out to
ensure the continuity of the service. The form must contain the
following information:
●
Name
of the technician who performs the maintenance
service.
●
Date
and time of entry or start of maintenance work.
●
Date
and time of completion of maintenance work.
List of all the tasks performed, the state before maintenance and
the final status after maintenance, indicating the respective
observations of each task.
For the specific case of some maintenance that considers the task
of measuring values, for example, percentage of use of the File
System, they must be registered in the form, which must also
contain the range of values allowed for each one of
them.
If there are forms submitted by third parties, the contractor must
complete the respective form for said maintenance, also enclosing
the report of the external third party that carries out the
maintenance, to the maintenance report that will be submitted to
the Service.
Gendarmerie reserves the right to attend preventive maintenance
services carried out in the field.
The Company will be responsible for updating the topology diagrams
of each system, if modifications are made to them. These updates
must be delivered within a period of no more than one day after the
changes are made. Any maintenance work that is required to be
performed and that involves a subcontractor must be supervised
continuously and in person by authorized technical personnel of the
contractor company. The authorization to enter the Monitoring
Center that is being subject to the maintenance of subcontractor
personnel must be previously requested to the
Gendarmerie.
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REQUEST.
The Gendarmerie will have the right to revoke the entry permit of a
worker of the Company or of a subcontractor, in which case they
must base their decision.
Likewise, the Gendarmerie will have the right to request the
replacement of the personnel from the supplier company. This will
be applicable when Gendarmerie is not satisfied with the service
provided by someone from the supplier company.
The provider company may not connect remotely to any of the data
network of the Gendarmerie of Chile, without prior authorization
granted by the Gendarmerie. Said authorization shall not be
necessary, in the case of emergency situations and / or
emergencies, which merit the connection of the supplier company to
the networks.
All access to reading, operation or modification of any system or
database of the Monitoring Center or equipment installed in the
Data Center, must be previously authorized by the Gendarmerie
within a period of 48 working hours and in case the Gendarmerie
does not rule within of said period, the authorization shall be
deemed granted.
Preventive Maintenance Report.
The general maintenance of the system must contemplate the aspects
indicated in the Technical Annex "General requirements for the
execution of maintenance services" and Technical Annex "Procedure
of Preventive Maintenance of the Data Center and Monitoring
Centers". For the specific maintenance of the computer systems, the
provider must take as an example of a report, the "Monthly Report
of Alarms and Performance of the Hardware and Software of the
Monitoring Platform."
Corrective Maintenance Report.
All equipment repairs must be executed, according to the
manufacturer's original specifications.
The supplier must generate a corrective maintenance report every
time an action of this nature is carried out. This report must be
submitted no later than 48 hours after the failure, which must
contain, at least, the following information:
●
Place,
date and time.
●
Responsible
for the repair procedure.
●
Fault
description.
●
Cause
of the malfunction.
●
Technical
solutions adopted (repair, replacement, etc.).
●
Level
of system operation after repair.
Gendarmerie reserves the right to attend corrective maintenance
services carried out in the field.
Training and manuals.
It will be the exclusive responsibility of the Company to guarantee
specialized training for the personnel of the Telematic Monitoring
Department (Monitoring Center and Regional Support Center) on an
ongoing basis throughout the provision of the service, always in
collaboration and under the supervision of the corresponding
Department.
The Company in order to maintain an adequate provision of the
service must also provide initial training in the terms indicated
in the previous paragraph, to 100% of the new officers hired in the
period.
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REQUEST.
The provider company to ensure the proper functioning of the
Telematic Monitoring System must train the Department staff as many
times as it deems appropriate, coordinating with the Head of the
Department the execution of the activities.
All expenses associated with the training activities shall be borne
by the Company, with the exception of those related to the transfer
and residence of the officials to be trained.
Subjects to capacitate.
The supplier company must capacitate the Gendarmerie personnel, in
the following matters:
a)
Training
of monitoring platform operators.
b)
Training
of installation/uninstallation of mobile devices.
c)
Descriptive
training of procedures in the use of the following
elements:
●
Telephone exchange and satellite telephones.
●
Administration of the access control system.
●
Air conditioning and climate system.
●
Anti-fire system.
●
Generator and backup batteries.
In addition, the Company will provide the training and operation
manuals and problem solving manuals for each of the topics
specified in the previous paragraph.
Other matters to consider.
Communicative
skills.
In order to achieve an efficient and persuasive mastery in the use
of verbal expression techniques, a diction and communication course
should be considered for the operators and supervisors of the
Monitoring Centers.
Conflict
and crisis management.
The training plan must consider the training of the operators and
supervisors of the monitoring system, tending to acquire knowledge,
techniques and strategies that allow minimizing the impact of any
contingency, generated by emergency situations and / or crisis.
This training must provide skills and abilities that allow
operators to attend, promptly and professionally, emergencies that
occur due to their function.
The subject for the training of communication skills, conflict
management and crisis, will be agreed between the Company and the
Gendarmerie.
Language of training and manuals
The trainings and manuals must be delivered in Spanish. Acronyms
and technical acronyms are allowed in English, which must be
explained in a glossary of technical terms. In addition to the
manuals delivered to each student in each course, you must submit 2
copies of quick reference manuals to solve the problems
(troubleshooting) for each of the subjects to be trained. Likewise,
the Company must deliver the set of backups in electronic format
(PDF, WORD, etc.) in 5 replicated CDs and in a
Pendrive.
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REQUEST.
Place of training.
The trainings will be carried out in dependencies provided by the
Company. All the necessary materials and laboratories must be
available to carry out the required training. Likewise, the
contractor must consider a coffe-break (tea, coffee, mineral water,
juice and cookies) of 20 minutes at mid-morning and mid-afternoon
during each day of the training given.
Without prejudice to the issues outlined here, the Gendarmerie of
Chile may require the Company to carry out training related to the
services offered, after determining a agenda that will be agreed
upon by the parties.
Training certificate.
The Company must provide a certificate of participation in each of
the trainings, when the student registers an attendance greater
than or equal to 80%.
EIGHTH
:
GUARANTEE OF FAITHFUL AND TIMELY COMPLIANCE OF THE
CONTRACT
.
The Company, in order to guarantee the faithful and timely
fulfillment of this contract, delivered the bank guarantee
certificate to the N ° 007821-5 View, dated November 27, 2017,
taken at the Banco de Chile, on behalf of of Gendarmerie of Chile,
for an amount of $ 344,471,921. - (three hundred and forty four
million, four hundred and seventy one thousand and nine hundred and
twenty one), with an expiration date on January 18,
2019.
This guarantee, whose amount is equivalent to 5% of the total
budget assigned to this contract must be valid for 60 business days
from the date of termination of the contract in accordance with the
provisions of Article 70 of Supreme Decree No. 250,, It will only
be returned once the previous period has expired and provided that
the Technical Counterparty has indicated, in writing, its total
conformity with the service contracted within the referred one,
understanding that such agreement exists if the Gendarmerie has not
pronounced within the indicated term, and is accredited the
fulfillment of labor and social security obligations of the workers
of the Company.
In the event that the contract extends for a period longer than the
validity of the guarantee slip, it must be renewed successively by
the contractor in equal and successive installments, until the new
expiration of the contract.
This guarantee may be presented to collection when the Company does
not comply with the obligations and / or the terms established in
this contract, in which case Gendarmerie is already authorized to
be presented for collection, according to the corresponding
procedure.
It may also be presented for collection when the contractor fails
to comply with its labor and social security obligations of its
workers, during the period of execution of the contract and in
order to facilitate the payment of said obligations. For this
purpose, the state of fulfillment of labor obligations and
contractors will be accredited through the respective certificate
which can be requested at the request of the Gendarmerie of
Chile.
In the event that the amount of the guarantee of faithful and
timely performance of the contract is reduced, due to the
application of a fine, the contractor must renew said guarantee,
with the purpose of keeping the original amount indicated in the
present article.
NINTH
:
INDIVIDUALIZATION
COORDINATING THE CONTRACT OF PART OF THE COMPANY AND
INDIVIDUALIZATION BY GENDARMERIA DE CHILE, OF THE TECHNICAL
COUNTERPART
.
Contract Coordinator:
The Company appoints Andrés Briceño Sedano, Coordinator
of the Contract, nationality Chilean, national identity card
11.365.974-2 of profession mechanical engineer, domiciled in
Isidora Goyenechea 2800 43rd floor, Las Condes, Metropolitan
Region, email: Andres.briceno@trackgrp.com, cell phone number
+56997098605, who will act as a valid interlocutor before the
Gendarmerie Technical Counterpart. In the performance of its
assignment, the Contract Coordinator shall, at least:
a)
Represent
the Company in matters related to the execution of the
contract.
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b)
Coordinate
the actions that are pertinent for the operation and fulfillment of
the contract
c)
Report
all situations that may affect the proper functioning of the
Service contracted within 24 hours after they occur, without
prejudice to the responsibilities that may be incurred by the
Company.
Any change related to the Contract Coordinator must be informed, in
writing, to the Technical Gendarmerie Counterparty at the address
indicated in the contract, by the Legal Representative of the
Contractor, on the business day following the change.
Gendarmerie designates as Technical Counterparty in charge of
coordinating, supervising and giving approval to the work executed,
to the Head of the Department of Telematic Monitoring.
The Head of the Department of Telematic Monitoring will be
responsible for:
1. Control and supervigilar the correct execution of the
contract.
2. Receive in accordance the report(s) contemplated for the
development of the service, presenting to the contractor the
observations and/or recommendations that are deemed
pertinent.
3. Collaborate and assist the contractor in the field of its
competences.
4. Authorize in writing, adjustments to the project, address and
resolve situational or emerging situations not
considered.
5. Supervise the execution of the service in order to request the
payment of them in accordance with the fifth clause of this
contract. To perform this supervise, the contractor monthly, in
addition to what is indicated in the aforementioned article, must
submit a report that contains the following
information:
●
Devices
installed, replaced and uninstalled.
●
Active
devices and monitored daily, depending on the type of technology
used.
●
Minimum
Guaranteed monthly payment, in case the hypothesis developed in the
fifth article occurs.
●
Fines
taken in the previous month.
●
Minutes
of system unavailability.
6. And all other functions related to the correct and efficient
execution of the contract and that are entrusted to it by the
Gendarmerie.
The Company must grant all the facilities destined to the execution
of the control and supervigilance functions of the Technical
Counterpart of the Gendarmerie of Chile.
TENTH
:
FINES ESTABLISHED FOR
BREACH OF THE CONTRACTUAL OBLIGATIONS, BY THE
COMPANY.
When the technical counterpart detects a fact constituting an
infraction that gives rise to the application of a sanction, it
will promptly communicate said situation to the contractor in
writing, who will have a period of 5 days to make their
disclaimers.
In these discharges, the contractor may assert all the rights that
Law N °19.880 recognizes as an interested party in an
administrative procedure, being able, by way of example, to propose
the actions or procedures that it deems necessary, as well as
requesting or accompanying the means of proof that it deems
convenient.
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REQUEST.
The technical counterpart will have the quality of instructor in
the administrative procedure that is developed, being able to order
the opening of a trial period, in order to practice as many
evidentiary procedures as it deems pertinent.
Once the instruction of the procedure has been completed, or the
deadline for receiving the discharges has expired without having
been sent, a report will be issued by the technical counterpart in
which the application may be proposed to the National Director of
the Gendarmerie of Chile. The aplication, which will be specified
through a resolution based on this authority, will be notified by
registered letter addressed to the domicile of the contractor,
without the need for a judicial request. The notification shall be
understood to be made on the third day following the entry of the
respective letter at the post office.
The contractor may claim this act through the resources and within
the terms established by current legislation.
The fines that are appropriate will be processed administratively,
without a form of judgment, and will be deducted from the state of
payment or retentions of the contract, or from the guarantee of
faithful and timely compliance with the contract, if those are not
sufficient, in that order.
Despite everything, and in accordance with the provisions of
Article 79 ter of Supreme Decree No. 250, each of the fines to be
paid will have a maximum limit of 15% of the total amount of the
monthly payment corresponding to the deduction.
In addition, if the breach causes damages to the Gendarmerie of
Chile, it will initiate the legal actions that are
pertinent.
FINES RELATING TO AVAILABILITY LEVELS OF THE TELEMATIC MONITORING
SERVICE
.
In the event that the contractor presents a breach in the total
available minutes of the contracted monitoring system, in the times
indicated in each case, a fine equivalent to:
a)
$ 14,500,000.- (fourteen million five hundred thousand pesos), if
the breach is greater than 120 minutes and less than or equal to
130 minutes, within one calendar month.
b)
$ 36,450,000.- (thirty-six million four hundred and fifty thousand
pesos), if the breach is greater than 130 minutes and less than or
equal to 140 minutes, within one calendar month.
c)
$ 73,000,000. - (seventy three million pesos), if the breach is
greater than 140 minutes, within a calendar month.
In addition, for each time a loss of availability of the system
exceeds 15 minutes for programmed work, a fine equivalent to $
14,500,000 will be applied (fourteen million five hundred thousand
pesos).
FINES RELATING TO NON-COMPLIANCE WITH THE DATABASE UPDATE
OBLIGATION.
In case the contractor presents a breach in the execution of the
database update processes, in the terms established in the
respective section, a fine equivalent to $ 50,000,000 (fifty
million) will be applied for each day of delay counted from the
verification of unfullfilment in the duty to update.
In the event that the breach occurs
during the last update period, this is 30 calendar days from the
date of termination of the contract; Gendarmerie of Chile will be
entitled to proceed to collect the
Guarantee of a faithful
fulfillment of the contract.
In case the contractor presents a daily breach in the total number
of data received in a monitoring center in relation to the total
number of data that should be received in the respective monitoring
center, affecting less than ten percent (10 %) of the total
installed devices, a fine will be applied, from the first to the
fifth day of delay equivalent to:
a)
$
7,250,000.- (seven million two hundred and fifty thousand pesos)
per day, if the number of data received at midnight on the
respective day is less than 90% and greater than 80% of the
expected number of data.
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[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
b)
$
14,500,000.- (fourteen million five hundred thousand pesos) per
day, if the number of data received at 24:00 hours on the
respective day is less than or equal to 80% and greater than 70% of
the expected data numbers.
c)
$
21,750,000- (twenty-one million seven hundred and fifty thousand
pesos) per day, if the number of data received at midnight on the
respective day is less than or equal to 70% of the expected data
numbers.
In case the contractor presents a daily breach in the total number
of data received in a monitoring center in relation to the total
number of data that should be received in the respective monitoring
center, affecting less than ten percent (10 %) of the total
installed devices, a fine will be applied, from the sixth to the
fifteenth day of delay, equivalent to:
a)
$ 14,500,000. - (fourteen million five hundred thousand pesos) per
day, if the number of data received at midnight on the respective
day is less than 90% and higher than the expected 80%.
b)
$ 21,750,000- (twenty-one million seven hundred and fifty thousand
pesos) a day, if the number of data received at midnight on the
respective day is less than 80% and higher than the expected
70%.
c)
$ 29,000,000- (twenty nine million pesos) a day, if the number of
data received at midnight on the respective day is less than the
70% expected.
In case the contractor presents a daily breach in the total number
of data received, in relation to the total number of data that
should be received, in the respective monitoring center, which
affects less than ten percent (10%) of the total installed devices
will be applied a fine, from the fifteenth running day of delay,
equivalent to:
a)
$ 21,750,000- (twenty-one million seven hundred and fifty thousand
pesos) per day, if the number of data received at midnight on the
respective day is less than 90% and higher than the expected
80%.
b)
$ 29,000,000- (twenty nine million pesos) a day, if the number of
data received at midnight on the respective day is less than 80%
and higher than the 70% expected.
c)
$ 36,250,000- (thirty-six million two hundred and fifty thousand
pesos) per day, if the number of data received at midnight on the
respective day is less than the 70% expected.
In case the contractor presents a daily breach in the total number
of data received, in relation to the total number of data that
should be received, in the respective monitoring center, which
affects more than ten percent (10%) of the total of installed
devices, at 24:00 hours on the respective day, an additional fine
will be applied to those described in this article equivalent to $
14,000,000. - (fourteen million pesos) for each day in which the
described delay is configured.
Finally, in the event that data is received at the respective
monitoring center, at least on two occasions, with time intervals
between each time exceeding 10 minutes, an additional fine will be
applied to those described in this article equivalent to $
14,000,000 .- (fourteen million pesos), for each day that is
described.
FINES RELATED TO THE INSTALLATION, UNINSTALLATION, REPLACEMENT OR
TECHNICAL SUPPORT ON THE SITE OF THE TELEMATIC MONITORING
DEVICES.
In the event that the contractor presents a breach on the day and /
or time notified by the Gendarmerie to perform the installation,
removal, replacement or on-site technical support of any of the
telematic monitoring devices that includes the contracted service,
a fine will be applied, for each device involved in the breach,
equivalent to:
a)
$
90,000. - (ninety thousand pesos) if the breach is greater than 30
(thirty) minutes and less than 60 (sixty) minutes, to appear at the
place determined in the notification made by the Gendarmerie to the
contractor.
b)
$
120,000. - (one hundred and twenty thousand pesos) if the breach is
equal to or greater than 60 (sixty) minutes, to appear at the place
determined in the notification made by the Gendarmerie to the
contractor.
The Gendarmerie will determine the date and time of carrying out
these activities in relation to the technical offer presented by
the contractor regarding its logistical capacity, as established in
the section indicated above of the technical bases.
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[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
FINES RELATED TO TECHNICAL FEASIBILITY REPORTS
.
In the event that the contractor delays in the delivery of the
technical feasibility report, requested by the Gendarmerie, a fine
equivalent to $ 600,000.- (six hundred thousand pesos) will be
applied, after 24 hours from the request made by the Gendarmerie,
sum which will also be applicable for each following day of
delay.
FINES RELATED TO MAINTENANCE OF THE EQUIPMENT INVOLVED IN THE
SERVICE
.
In the event that the contractor presents a breach in the execution
of the maintenance of the equipment owned by the Gendarmerie of
Chile involved in the service, a fine equivalent to:
a) $ 1.000.000. - (one million pesos) for each day of delay in the
execution of the corrective maintenance in the equipment involved
in the service.
b) $ 500,000. - (five hundred thousand pesos) for each day of delay
in the execution of the preventive maintenance in the equipment
involved in the service.
FINES RELATED TO REMOTE TECHNICAL SUPPORT AND SITE
ASSISTANCE.
In the event that the contractor does not comply with the technical
requirement, does not solve the problem in the maximum time to
provide remote technical support for failures in the system and/or
devices, or will not inform the Gendarmerie the impossibility of
providing a remote solution in the term indicated in the terms
indicated in the seventh article of the present contract a fine
equivalent to $ 60,000.- (sixty thousand pesos) will be applied,
whenever the technical support is not attended or made, the
impossibility of remote solution is not reported, or the support
officer is not available in the active Monitoring Center, without
prior approval of the Head of the Monitoring Center.
FINES RELATED TO CAPACITATION
.
In the event that the contractor presents a breach in the execution
of the planning of training in the service, a fine equivalent to $
120,000.- (one hundred twenty thousand pesos) will be applied, for
each day of delay in its execution.
FINES RELATING TO THE UPDATING MAPS.
In the event that the contractor fails to update the maps provided
within the terms referred to in Exempt Resolution No. 634 of
January 22, 2016, a fine equivalent to $ 1,000,000 will be applied
(one million pesos), for each day of delay in the execution of the
update.
FINES RELATED TO MANUALS.
In the event that the contractor presents a breach in the delivery
of manuals, a fine equivalent to $ 120,000. - (one hundred twenty
thousand pesos) will be applied for each day of delay with respect
to the delivery date indicated in the gantt letter of the awarded
bid.
FINES REGARDING THE REGIONAL MONITORING SUPPORT
CENTER.
In the event that the contractor presents a breach in the
operational delivery of the Regional Support Center when required,
a fine equivalent to $ 73,000,000. (Seventy three million pesos)
will be applied for each day of delay.
FINES RELATED TO BACKING OF CALL REGISTRATION SYSTEM.
In the event that the contractor files a non-compliance in the
storage of backup files of the call register system, a fine
equivalent to $ 300,000. - (three hundred thousand pesos) will be
applied for each record not backed up.
FINES RELATED TO SATELLITE TELEPHONES.
In the event that the contractor presents a fault or malfunction in
the maintenance of satellite telephones, which does not allow
communication (3 consecutive failed attempts to communicate), or no
available balance, a fine equivalent to $ 73,000,000 will be
applied. (seventy three million pesos) for each team that fails or
does not have available balance.
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[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
ELEVENTH
:
TERM OF
CONTRACT
NORMAL TERMINATION.
The normal term of the contract will take place during the period
of its duration, according to what is established in the sixth
article of the present contract.
EARLY TERMINATION.
The respective contract may be terminated in advance if any of the
causes or circumstances provided for in article 13 of the
Procurement Law or article 77 of the Regulations are verified,
namely:
1.
Resilience
or mutual agreement of the contracting parties.
2.
Serious
breach of the obligations contracted by the contractor. They will
be considered as:
a)
Complete
unavailability of the system for more than 12 (twelve) continuous
hours more than 6 (six) times in a semester, not attributable to
fortuitous events or natural catastrophes.
b)
Unavailability
to visualize more than 30% of those convicted for more than 24
hours more than 6 (six) times, in a calendar year, not attributable
to fortuitous events or natural catastrophes.
c)
Unavailability
of the system to visualize a convicted person for more than 24
hours continuously for more than 36 times in a semester not
attributable to fortuitous events, natural catastrophes or improper
manipulation by the condemned of the monitoring
device.
3.
State
of notorious insolvency or bankruptcy of the contractor, unless the
bonds delivered are improved or existing ones are sufficient to
guarantee compliance with the contract.
4.
As
demanded by the public interest or national security.
5.
For
recording unpaid balances of social security payments or
contributions with their current employees or with workers hired
during the term of this contract, without certifying that all of
the obligations are settled in the middle of the contract execution
period, with a maximum of six months or; in case of registering
repeated unfullfilment.
6.
The
others that are established in this contract.
When the technical counterpart detects a fact constituting an
infringement that gives rise to the anticipated termination of the
convention, it will promptly communicate said situation to the
contractor in writing, who will have a period of 5 days to make
their disclaimers.
In these discharges, the contractor may assert all the rights that
Law N° 19.880 recognizes as an interested party in an
administrative procedure, being able, by way of example, to propose
the actions or procedures that it deems necessary, as well as
requesting or accompanying the means of proof that it deems
convenient.
The technical counterpart will have the quality of
“instructor” in the administrative procedure that is
developed, being able to order the opening of a trial period, in
order to practice as many evidentiary procedures as it deems
pertinent.
Once the instruction of the procedure has concluded, or the
deadline for receiving the discharges has expired without having
been sent, a report will be issued by the technical counterpart in
which the anticipated term of the contract may be proposed to the
National Director of the Gendarmerie of Chile, which will be
specified by the resolution based on this authority, will be
notified by a certified letter, addressed to the domicile of the
contractor, without the need for a judicial request.
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[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
The notification shall be understood to be made on the third day
following the entry of the respective letter at the post office.
The contractor may claim this act through the resources and within
the terms established by current legislation.
In case of early termination of the contract, this will be
understood as completed within the term indicated by the
administrative act that terminates it, a term that will be counted
from the notification to the contractor of its total
processing.
If the termination of the contract causes harm to the Gendarmerie
of Chile, the latter may exercise the corresponding compensatory
actions without prejudice to the collection of the guarantee of
faithful and timely performance of the contract, if it corresponds
because of proven causes attributable to the contractor itself.
The above procedure does not apply to the rescission or mutual
agreement of the parties.
The contractual and extracontractual liability of the contractor
shall be governed by everything not established in this clause by
the Civil Code regulations. The procedure indicated for the case of
early termination does not apply to the mutual agreement or
rescission of the parties.
TWELFTH
:
INTELLECTUAL PROPERTY OF THE DOCUMENTS OR BACKGROUNDS DELIVERED TO
GENDARMERÍA IN REASON OF THE CONTRACT, WHATEVER THE FORMAT IS,
WILL BELONG TO THIS
.
The
result of the work eventually developed by the Company or its
dependent on the occasion of the contract. Which are products,
diagnosis, design, report, manuals, and, generally, every work that
it will elaborated according to the achievement of the respective
convened contract, will be property of Gendarmerie of Chile, which
reserve the right of have available of them freely, without any
kind of limitation. And the company cannot make any act about that
external to the contract, without previous and express
authorization of Gendarmerie
THIRTEENTH
:
OBLIGATION OF
CONFIDENTIALITY ACCORDING ALL THE INFORMATION THAT THE COMPANY HAVE
ACCES IN COMPLIANCE WITH THE CONTRACT
.
According
the nature of the obligation of the current contract, the Company
will keep confidentially of every antecedents known due to the
execution of the same, and cannot make use of this for any purpose
exempt to the bases. Likewise, any no circumstance, could, for any
title or way, reveal, spread, publish, sell, give, copy, play,
interfere, intercept, modify, damage, make useless, destroy, every
or part of the information, either the under the contract or after
of his termination.
This
prohibition will affect to the Enterprise, his direct and indirect
staff, its consulters, outsourcing and its own staff, of any kind,
which find connected to the contract in any of his stages, and his
responsibility will be supporting, even after the termination of
the same.
In any
case of unfulfillment of this clause, gendarmerie could terminate
beforehand the contract, according to the specified in the current
contract, being authorize to collect the warranty form of the
faithful observance of the contract, without prejudice of starts
the corresponding legal actions.
FOURTEENTH
:
MODIFICATIONS TO THE
CONTRACT
-.
Gendarmerie, in order to incorporate advances that functionality
and technology make advisable, due to regulatory requirements,
force majeure or situations imposed by the market, may request
changes during the development of the contract.
Likewise, Gendarmer’a reserves the right, for reasons of
convenience of the service, to order during the execution thereof,
to make increases or decreases in the activities involved, provided
they are duly justified.
The additional costs generated by the increases of the activities
involved according to any of the preceding paragraphs, shall be
agreed between the parties at the time of requesting the previoulsy
mention increase.
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[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
In the cases indicated, if appropriate, the contractor must
complement or deliver a new
Guarantee of a faithful
fulfillment of the contract
, as
appropriate
.
The agreed modifications will not be able to alter the total
contract price by more than 30% (thirty percent). Said
modifications must be approved by means of the corresponding
administrative act and the contractor will be obliged to maintain
the unit prices per item established in the bidder.
FIFTEENTH
:
PROPERTY OF EQUIPMENT SYSTEMS AND DEVICES
All the components of licenses and software of the Telematic
Monitoring System that the contractor develops specifically for the
Telematic Monitoring Service of the Condemned, object of this
contract, will become property of the Gendarmerie, from the
effective date of the contract, and the contractor will not You can
use them in another context, or transfer them to third parties
without their authorization.
Notwithstanding the foregoing, it is recorded that the software
used by the Company to provide the Telematic Monitoring Service
under this contract is the property of Track Group Inc., which may
only be used for said purposes for the duration of the present
contract, being the Company the only one authorized to operate it
under the conditions indicated above.
All the enabling equipment of the Monitoring Center and the
Regional Support Center, including, among others, the wiring of
local networks, gutters, as well as all the documentation, tapes
and other magnetic storage and / or backup media that are generated
during the validity of the contract for purposes of the
"maintenance obligations of equipment" of the contractor, is owned
by Gendarmerie.
It is forbidden to the Contractor, under any circumstance and form,
to seize, extract or retain any type of information related to the
services offered and contracted, including the information systems,
documentation and data.
SIXTEENTH
:
SUBCONTRACTING
-.
The Contractor shall provide the indicated services with its own
personnel. However, regarding those services that due to the nature
of the benefits required by the Gendarmerie must be subcontracted,
and provided that the providers of said services are communicated
and accepted by the Chilean Gendarmerie, they may be subcontracted
with said providers. Notwithstanding the foregoing, any change in
said suppliers, as well as additional subcontracting, must have
prior express written authorization from the Gendarmerie, through
its Technical Counterpart.
The contractor, as the case may be, must submit a sworn statement
issued by the legal representative of each of its subcontractors,
stating that the subcontractor or any of its partners or
administrators is not affected by any of the grounds of inability
and incompatibility established in Article 92 of the Regulation of
Law No. 19.886.
In any case, it will be the contractor, or its legal continuator,
the only responsible before the Gendarmerie of the full and timely
fulfillment of the contracted services.
SEVENTEENTH
:
SUPERVISION AND
AUDIT
.
The Gendarmerie, during the validity of the contract, on the dates
and in the forms it deems appropriate, will be empowered to carry
out, directly or through third parties, its supervision, control
and extensive audit.
The contractor or its subcontractors must grant all the facilities
for the execution of said supervision, control and audit. The
supervisions, controls and audits may be extended to those areas
related to the scope of the contract and to those that, if not, are
necessary to properly satisfy the former, without prejudice to the
legal powers that the General Comptroller of the Republic has in
this regard.
EIGHTEENTH
:
RIGHT TO
VETO
-.
Gendarmerie will have the right to veto or ban any contractor's
personnel and their subcontractors, with an expression of cause or
when the intervention of said persons hinders or hinders the
execution of the project. In all these cases, the contractor must
replace the vetoed personnel or subcontractor within 5 business
days following notification of the veto by the Technical
Counterpart.
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[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
Gendarmerie reserves the right to request from the contractor, when
deemed appropriate, the nature of the contracted service,
information of its own personnel or its subcontractors regarding:
full name, identity card number and a written authorization from
the employee to verify their information. The failure to deliver
the requested information within 72 hours required, will entitle
Gendarmerie to exercise, without expression of cause, the right of
veto referred to in this article with respect to personnel whose
data were not delivered.
NINETEENTH
:
INSURANCE
-.
It will be the responsibility of the contractor, during the entire
term of the contract, to hire at its cost, insurance to cover risks
that may affect the equipment and devices included in the Telematic
Monitoring of Convicts Service provided by the latter. The
insurances must protect against all covered risks, including
natural catastrophes and malicious or terrorist acts. The
contractor must submit to the Gendarmerie consideration, insurance
contracts before its conclusion. The Gendarmerie will be authorized
to reject the insurance and demand another contract, if it
considers that the conditions presented do not grant a full
coverage in the terms indicated here. Likewise, during the
implementation phase of the contracted service, the supplier
company must have all the insurance necessary to safeguard the
property of the Gendarmerie against damages that could occur in
goods and people resulting from the installation of the
system.
The contractor shall accredit before the Gendarmerie the
fulfillment of the previous obligation, by means of a certificate
of the insurer in which the contracted insurances are recorded and
an authorized copy of the policies, before the start of the
operation of the contracted service, for the purposes of its
reception. Likewise, during the term of the contract, the
contractor must accompany said certification, in case it is
necessary to renew or extend the contracted policies.
In case the contractor does not take these insurances or does not
renew or expand them in a timely manner, the Gendarmerie may do so
on behalf of the contractor, but without any responsibility for the
Service if it does not do so. The Gendarmerie will be authorized to
deduct from the amount of any of the monthly invoices that it must
pay the contractor, the price of the premiums that it has paid,
duly readjusted if it is appropriate, thus reimbursing its value
and the corresponding readjustments.
TWENTIETH
:
GUARANTEE OF PROPERTY
The Contractor shall guarantee that all goods that must be provided
by the contracting party as a result of spare parts due to failure
or obsolescence are new and unused, with a production not exceeding
1 year. In turn, the contractor must ensure that all goods are free
from defects attributable to the design, manufacture, materials, or
any act or omission of the manufacturer that may occur during the
normal use of the goods under the conditions in which they are
usually used.
It is expressly excluded from the aforementioned guarantee, the
telematic monitoring devices
in current use and domain of the Company
, for the control of
substitute penalties by the Gendarmerie of Chile. In case of
discontinuity of any of these goods, object of the service
contracted during the term of the same and in case of failure
and/or obsolescence the contractor shall provide goods of similar
characteristics, which shall be subject to the same guarantee
established in paragraph previous should be compatible with the
service provided and authorized by the technical counterpart of
Gendarmerie. It is recorded that the previous authorization will be
deemed granted if, on the third day of the request, the Gendarmerie
has not ruled in its respect and that the obsolescence of the goods
must be previously certified by the maintenance and technical
operation provider of the Telematic Monitoring
Center.
For purposes of determining the degree of obsolescence of computer
equipment, it will not be the technological conventions commonly
accepted in the matter, which require a periodic renewal of this
type of equipment even in full operation, but will examine the
ability to satisfy functionality pursued by the equipment
optimally.
The guarantee will consider the immediate change or repair of the
goods in the place where they will be and will operate throughout
the validity of the respective contract.
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[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
TWENTY-FIRST
:
LICENSES AND SOFTWARE UPDATE
.
All programs and softwares delivered by the contractor must
have valid licenses for their use, which will be exclusively their
responsibility. If necessary, the contractor must be adding, at his
expense, the corresponding licenses, to ensure the normal operation
of the systems.
All upgrades and/or replacements of software must be carried out
with the approval of gendarmerie
TWENTY SECOND
:
EXEMPTION
FROM RESPONSIBILITY
-.
The Gendarmerie of Chile will not have any labor or legal
relationship with the employees that work for the contractor and
subcontractors. Consequently, it will not be responsible for
remuneration, taxes, social security contributions, insurance
against work accidents or damages to third parties; all of which
shall be the exclusive responsibility and responsibility of the
contractor and subcontractors. The foregoing is without prejudice
to the responsibility that may assist you, by virtue of the
provisions of the Labor Code.
TWENTY-THIRD
:
PROHIBITION OF
ASSIGNMENT
-.
The contractor may not assign or transfer in any form, in whole or
in part, the rights and obligations arising from this contract,
except in the case of merger, absorption or division of the
contractor, a situation in which the obligations will be
transferred to its legal continuator, under the same conditions
established in the contract.
In these cases, the contractor must inform the Gendarmerie, at
least 3 months before its formalization, regarding the decision of
merger, absorption or division.
The foregoing is without prejudice to the fact that the documents
justifying the credits arising from these contracts can be
transferred, according to the rules of the common law.
TWENTY-FOURTH
:
FINALIZATION OF THE
SERVICE AND MIGRATION OF THE OPERATION OF THE TELEMATIC MONITORED
SYSTEM TO THE NEW AWARD-WINNING COMPANY, PRIOR TERM OF
CONTRACT
.
The Gendarmerie will have a term of six months, after the
termination of the telematic monitoring service contract, to return
to the Company all those monitoring devices that were installed
before the new contractor came into operation, without this process
of return. It is considered that one of the benefits established in
the fifth clause is executed.
Obligations at the end of the contract.
Availability to develop migration process.
With the objetive of guaranteeing the full operation and continuity
of the service, regardless of the Company that supports it in the
future, the Company must make available to the Gendarmerie the
technical documentation that details the format and order in which
the devices they send the data of coordinates or any other relevant
information, in order to guarantee the recognition of the new
localization devices by the software of the system. For example,
indicate if TCP or UDR is used, the sockets ports used the order in
which it sends the coordinates and other parameters, the encryption
of that data, etc.
Likewise from the beginning of the sixth month of the contract, the
Company must adjust the fulfillment of each of its contractual
obligations to the requirements that the Gendarmerie of Chile
formulated in order to allow the development of the milestones
contemplated for the installation of the incoming supplier company,
whichever it may be, that has been decreed by the Gendarmerie of
Chile as the successful bidder that provides continuity to the
Telematic Monitoring Service, which may begin to operate only once
this contract has completed the initial 365 days.
TWENTY-FIFTH
:
JURISDICTION
.
Any controversy that arises from the signing of the contract and
during the validity of it until its completion and complete
settlement, will be known by the Ordinary Courts of Justice of
Santiago, without prejudice of the attributions that correspond to
the General Comptroller of the Republic
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[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
TWENTY-SIXTH
:
THE FOLLOWING DOCUMENTS AND OFFICIAL BACKGROUND OF THE SERVICE ARE
FORMED PART OF THIS AGREEMENT, WHICH ARE EXPRESSLY
REPRESENTED
-Technical contract annex through direct treatment of the telematic
monitoring service of convicts authorized by means of the procedure
resolution No. 321 of October 17, 2017.
-Technical annexes: Flows processes associated with the Telematic
monitoring service.
TWENTY SEVENTH
:
DEFINED TERMS
-.
All capitalized terms used in this instrument, and which have not
been defined therein, shall have the respective meaning given to
them by the Chilean Gendarmerie, without prejudice to the fact that
in case of controversy the parties will be in normal use given him
in the contractual execution.
TWENTY-EIGHT
:
APPLICABLE NORMS
-.
The provisions of Law No. 19.886, of Bases on Administrative
Contracts of Supply and Provision of Services, dated July 30, 2003
and their respective Regulations, contained in Finance Decree No.
250, dated 24, will be applicable to this contract. September 2004.
As provided in Law No. 19,880, which establishes the Bases of
Administrative Procedures that govern the Acts of the Bodies of the
State Administration.
TWENTY-NINTH
:
OF THE
PERSONNERS
-.
The legal identity of the National Director of the Gendarmerie of
Chile, Mr. Jaime David Rojas Flores, is included in Supreme Decree
No. 578, dated July 15, 2016, of the Ministry of Justice and Human
Rights. On the other hand, the legal identity of Mr. Diego Peralta
to sign on behalf of Track Group Chile SpA, consists of the power
granted on April 8, 2016 before the Santiago notary of Mr. Roberto
Antonio Cifuentes Allel, under report No. 3,017 / 2016
|
National
Director of gendarmerie of Chile
|
Legal Representative of the Company
|
|
|
|
|
Mr.
Jaime Rojas Flores
|
Mr.
Diego Peralta Valenzuela
|
|
|
|
|
C.I N°
9.155.944-7
|
C.I N°
5.009.310-7
|
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|
Technical
Annex of the service contract for the telematic monitoring of
condemned by resolution procedure N ° 321
|
I. - Introduction.
The Gendarmerie of Chile, henceforth and indistinctly
"Gendarmerie", "the Service", "the Bidder" or the "Institution", is
a Public Service dependent on the Ministry of Justice, whose
purpose is to attend, monitor and contribute to social
reintegration of persons who, by resolution of competent
authorities, are detained or deprived of their liberty and perform
the other functions prescribed by law. In this context, DL N °
2.859, of 1979, of the Ministry of Justice, which establishes the
Organic Law of this Service, establishes in its article 3, letter
g), as one of its functions, "to assist in the free media" to the
people who access it because they are serving sentences or for
other legal reasons, under the conditions set forth in the
regulations. "That work is based in its Technical Sub-Directorate,
according to the article 8 of the aforementioned Organic
Law.
In turn, by Resolution No. 7,125 of 2012, of the Gendarmerie of
Chile, the Department of Telematic Monitoring was created under the
Technical Subdirectorate, whose function is to develop all those
activities related to the administration of the telematic
monitoring device for the control of the substitute seclusion
established in Law 18,216, modified by Law No. 20,603.
II. - Objectives of the project.
General purpose.
Perform the supervision by technological means of the sentences of
partial seclusion, mixed sentence or intensive probation, in the
cases and under the conditions established by Law No. 18,216 and
its regulations, contained in Decree No. 1,120, of the Ministry of
Justice, of 1984, and safeguard the personal safety of those who
are victims of certain crimes.
To specify this general objective, it is necessary to comply with
the specific objectives that are indicated below.
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Specific objectives.
a)
Automate the levels of control of convicted persons who are serving
their sentence in the free environment, providing an efficient
telematic monitoring system in accordance with the
law.
b)
Increase the security and protection of victims of crimes committed
by convicted persons who are serving their sentence in the free
environment, in the cases provided for in Law No.
18,216.
c)
Strengthen the elaboration, analysis and systematization of
information in relation to the behavior of the convicted person,
which allows greater feedback with the delegates of intense
probation.
III.- Precedent.
In 1983, Law No. 18.216 established a system of alternative
measures, which allowed the person sentenced to a prison sentence
to serve such sentence at liberty, subject to administrative
control of greater or lesser intensity.
Considering the need to strengthen citizen security, the
aforementioned Law No. 18.216 has been modified, in order to
provide intelligent and diversified responses to the phenomenon of
crime.
Law No.20.603, seeks to strengthen the system of alternatives to
prison and transform it into a sanction mechanism, which operates
effectively and effectively in the control of first-time
delinquency, avoiding criminal recidivism.
This modification seeks that the one who has been subject to a
penalty that is a substitute for a prison sentence, effectively and
satisfactorily comply with the sanction imposed, making this system
a control model similar to the prison, in terms of its actual
control about the population subject to it. For this purpose,
article 23 quater of Law No. 18.216, refers the determination of
the technical characteristics of the equipment to a regulation on
telematic monitoring. Convicted persons will know that they are
effectively being controlled, so that any action that violates the
sanction regime imposed, will be detected and informed to the court
so that it adopts the pertinent measures, being able to revoke this
sentence.
In this way, it is necessary to give continuity to the telematic
monitoring service with the technical characteristics that are
detailed in this technical annex.
IV.- Justification.
As indicated above, the amendment to Law No. 18,216 seeks to
strengthen the control that currently exists in the enforcement of
sentences in freedom.
The possibility of controlling the condemned through telematic
monitoring is contemplated in the case that the convicted person is
sentenced to the sentences of partial imprisonment, mixed sentence
and intensive supervised release. This last penalty is provided for
those persons convicted of certain crimes that constitute acts of
domestic violence or sexual crimes. Additionally, the possibility
is considered that the victim may access a telematic monitoring
system, in order to be able to contact her, in case the condemned
person is close to her.
Gendarmerie will be responsible for the administration of the
telematic monitoring system, being able to contract external
services in accordance with Law No. 19.886, of Bases on
Administrative Contracts of Supply and Provision of Services, in
accordance with the provisions of article 23 quater of the Law No.
18,216.
The following describes the substitute sentence whose compliance
will be monitored remotely.
V. - Application of telematic monitoring for the
condemned.
1. Partial seclusion
Explanation
According to article 7 of Law No. 18.216, the partial confinement
consists of confinement in the domicile of the convicted person or
in special establishments, for 56 hours a week. The partial
seclusion can be day, night or weekend, according to the following
criteria:
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a. - The partial day custody will consist of the confinement in the
domicile of the condemned, during a period of 8 daily hours and
continuous, which will be set between 8 and 22 hours.
b. - The nocturnal partial confinement will consist of the
confinement in the domicile or in special establishments, between
the 22 hours of each day and the 6 hours of the following
day.
c.- The weekend partial confinement will consist of the confinement
in the domicile of the condemned or in special establishments,
between the 22 hours of the Friday and the 6 hours of the following
Monday.
For the fulfillment of the partial seclusion, the judge will prefer
to order his execution in the domicile of the condemned,
establishing as a mechanism of control of the same, the telematic
monitoring system.
The partial seclusion may be arranged (Article 8):
a. - If the deprivation or restriction of liberty imposed by the
sentence does not exceed three years.
b.- If the convicted person has not previously been convicted of a
crime or a simple offense, or has been sentenced to a deprivation
or restriction of liberty that does not exceed two years, or more
than one, provided that in total they do not exceed said limit
.
c.- If there are employment, educational or other similar
backgrounds that justify the penalty, as well as if the personal
history of the convicted person, his conduct before and after the
punishable act and the nature, modalities and motives determining
the crime, allow presuming that the penalty of partial imprisonment
will dissuade him from committing new crimes.
Considering the purposes of this penalty, the control by telematic
monitoring must ensure supervision that the convicted person does
not leave the domicile during the time period set by the
court.
2. Intensified probation for sexual crimes and domestic
violence.
Explanation.
The intensive supervised release consists of the application of a
program of activities, aimed at the social reintegration of the
condemned, in the personal, community and labor, through a
treatment under the application of certain special conditions,
which will be monitored and oriented, both permanently and
rigorously, by a delegate, as indicated in article 15 bis of the
law in question.
Those sentenced to the penalty of intensive probation for sexual
crimes or crimes committed in the context of domestic violence,
whose sentences are longer than 540 days and equal to or less than
5 years, will be monitored remotely to ensure compliance with the
following conditions that the penalty be associated:
a. - Prohibition to go to certain places.
b. - Prohibition to approach the victim or his relatives or other
persons determined by the court, or to communicate with
them.
c. - Obligation to remain in the domicile or place determined by
the judge, during a maximum period of 8 hours per day, which must
be continuous.
The conditions indicated above are those that must be controlled
through the Telematic Monitoring System. The first two refer to
exclusions, because the convicted person can not access the places
or the person of the victim. The third condition is similar to the
control established for partial seclusion.
3. Mixed sentences.
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Explanation.
This sentence consists in the possibility that those sentenced to
custodial sentences equal to or less than 5 years and 1 day have
the right to substitute their prison sentence for the one of
intensive probation, under the control of telematic monitoring, if
the following requirements are met. :
a. - Which the sentence imposed on the convicted person was 5 years
and 1 day of imprisonment in its minimum degree, or another less
sentence.
b. - That, when discussing the interruption of the custodial
sentence, the convicted person does not register another conviction
for crime or simple crime.
c. - That records outstanding behavior (good or very good
behavior).
d. - That, after the sentence is enforceable, he would have
fulfilled one third of the custodial sentence.
VI. - Application of telematic monitoring for the
victim.
Law No. 18.216 contemplates the possibility that the victim may
also make use of this technology in the case of sexual crimes and
domestic violence. Indeed, article 23 bis of Law No. 18.216 states
that telematic monitoring will be applied, given the circumstances
in which the crime was committed and, especially, the victim's
protection needs, and that he must give his consent in in a
previous way.
The objective is that the victim can be warned in a timely manner
that the convicted person is failing to comply with the condition
of not approaching her and allowing, if necessary, the police to
act in order to protect her personal safety.
VII. - Definitions and Glossary of terms.
For the purposes of this annex, and without prejudice to other
definitions contained in the contract, the following definitions
shall apply:
a.
Warnings:
information that the telematic monitoring system reports in a
situation that requires priority attention. They will be classified
as follows:
i)
Notices: warnings that prevent a technical incident that affects
any of the components of the system and may cause the total or
partial cessation of the functioning of the telematic monitoring
mechanism or the loss of coverage of the location
system.
ii)
Pre-alarms: warnings that realize that a person sentenced to
intensive probation is close to an area of
exclusion.
iii) Alarms: warnings that account for the breach of the obligation
of partial seclusion contemplated in article 7 of Law No. 18,216,
or any of the conditions indicated in letters a), b) and c) of
article 17 ter of Law N ° 18.216, and that have been imposed
in the judicial resolution that imposes the substitute
sentence.
b.
High availability: operation 24 hours a day, every day of the year,
of the telematic monitoring service, including recovery from
natural disasters and events of force majeure and / or fortuitous
event, without prejudice to the provisions of point 1.1, letter h),
of section IX "Requirements of the technical offer", of this
Technical Annex.
c.
APN or Access Point Name: name of an access point for GPRS that
must be configured on the mobile device (either a mobile phone or a
3G MODEM) so that it can access computer networks.
d.
Exclusion area: geographical space to which the convicted person is
prohibited from access by judicial decision.
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e.
Pre-exclusion area: geographical space close to an exclusion zone,
determined by the Gendarmerie, for the purpose of applying
preventive actions to the possibility of non-compliance with the
penalty.
f.
Inclusion area: geographical space in which the convicted person is
obliged to remain for a certain number of hours determined by
judicial decision.
g.
Monitoring Center (CM): place where the monitoring room will be
located, which will allow the follow-up of the condemned, 24 hours
a day, every day of the year, through monitoring on visualization
screens or another perceptible interface, which must be generated
the necessary communications with the sentenced person, the victim
and / or the corresponding institutions, in case of generation of
warnings, leaving a record of the events that follow.
h.
Regional Monitoring Support Center (CRRM): place where a passive
monitoring center will be located, which will have the same
computing and telecommunications functionalities of the Monitoring
Center.
i.
Active Monitoring Center: center in permanent operation that has
control of monitoring operations.
j.
Passive Monitoring Center: center that is inactive and prepared as
a backup in the event that the Monitoring Center, which is active,
suffers an interruption of its functions due to a catastrophe or
force majeure problems.
k.
Bidirectional communication: communication, between the Monitoring
Center or the Regional Monitoring Support Center and the convicted
person and / or the victim, when appropriate, and can be initiated
by any of them, according to what is indicated in number 2.1,
letter k) , of section IX of this Technical Annex.
l.
Data center or Communications Room: place where hardware and
software equipment destined for processing and databases will be
located, in a network architecture of high availability, which
ensures the supervision of the condemned and / or the
victim.
m.
System Availability: state in which the system is able to monitor
all the installed hardware and software functionalities and the
necessary telecommunications for it.
n.
Telematic monitoring device or mechanism: device (s) that, in
conjunction with the monitoring system, allows locating a specific
person.
o.
Contractor, supplier, or "contractor" company: company or person in
charge of providing the operation, maintenance and technical
support of the contracted telematic monitoring
service.
p.
-GPRS (General Packet Radio Service): extension of the Global
System for Mobile Communications (Global System for Mobile
Communications or GSM) for the transmission of data by
packets.
q.
-Failure to comply with the penalty: transgression, by the
convicted person, of the limits and / or conditions imposed in the
judgment that established the use of a telematic monitoring system,
declared by judicial resolution.
r.
- IPSEC (Internet Protocol Security): a set of protocols whose
function is to ensure communications over the Internet Protocol
(IP), authenticating and/or encrypting each IP packet in a data
flow.
s.
- Technical feasibility certificate: document generated by the
Company that gives an account of the status of the technical
conditions to monitor the convicted person and / or the
victim.
t.
- Corrective maintenance: services associated with the operation of
the telematic monitoring service regarding the solution of faults
in hardware, software and any equipment that is provided by the
supplier company. These services will be applied after the
detection of a fault.
u.
- Preventive maintenance: services associated with the prevention
of potential failures in hardware, software and all telematic
monitoring service equipment that is provided by the contractor
company.
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v.
- Manuals of system operations: administrative and technical
instructions, in Spanish, through which the telematic monitoring
system can be operated.
w.
- Manual of resolution of problems: instruction with detailed
technical procedures to solve, in a fast way, the problems of
malfunction that could present the telematic monitoring system,
without prejudice of the responsibility of the contractor in the
resolution of the same.
y.
- Manipulations: any attempt of undue administration, attempt to
discard it, opening of the box containing the receiver, physical
damage to the equipment and improper removal of the device or
tracking unit, which does not allow the optimal functioning of the
monitoring service telematic
z.
MPBN: Mobile Packet Backbone Network.
a'.-
MPLS (Multiprotocol Label Switching): standard data transport
mechanism, created by the IETF and defined in RFC
3031.
b'.-
L2TP: Layer 2 Tunneling Protocol.
c.
Operators of the telematic monitoring system: Gendarmerie officials
in charge of supervising convicts and / or victims subjected to
telematic monitoring, observing surveillance screens or other
perceptible interface, and communicating with the victim, convicted
and / or the corresponding institutions, in case of generation of
warnings.
d'.-
Work order: Gendarmerie request to the winning company to proceed
to perform the work in the system, among others: install, remove,
support and / or replace the monitoring devices.
g '.
-
Operators room: physical place where the operators will supervise
the surveillance screens in the Monitoring Center.
h
'.-
Equipment
and telecommunications room: enclosure for the installation and
exclusive use of computer racks, electrical panels of these
equipment and exclusive security system located within the
Monitoring Center.
i
'.-
Monitoring
system: set of software applications that process the information
delivered by the monitoring devices.
k
'.-
Remote
user: user who accesses the monitoring system from a physical
location other than the operator room.
l
'.-
User
viewer: who can only observe what happens in the system, but can
not modify information, files or parameters of the monitoring
system, or activate features.
m
'.-
Operative
user: the one who will be able to observe what happens in the
monitoring system, being able to use or operate the functionalities
of the system.
n
'.-
Super
administrator user: who can create and delete users, as well as
being able to access and edit any file or variable allowed in the
monitoring system.
VIII. - General description of the project to be
offered.
To deliver the telematic monitoring service, the offeror must
provide the technology, necessary hardware, equipment, licenses and
data link to perform the functions of telematic monitoring, 24
hours, every day of the year, on the real-time location of the
convicted and / or the victim within the entire national
territory.
The technology to be used by the offeror for the types of sentences
of partial seclution, intensive probation and mixed sentence may be
different from each other, for example, "radiofrequency" (RF) and /
or the use of GPS technology. The offeror may propose the
combination of technologies that best meet the requirements of
these Terms and Conditions.
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For purposes of the telematic monitoring service to be proposed,
the offeror must consider that the Telematic Monitoring Department
will be composed of:
●
Monitoring
Center (active) at Rosas Street No. 1,274, second floor, Santiago,
Metropolitan Region.
●
Regional
Monitoring Support Center (passive) in Prat Street No. 255, Office
402, La Serena, IV Region.
IX.-Requirements of the technical offer.
The Company must consider the following essential requirements to
define the technological solution in the provision of the
service:
In turn, any reference to "Monitoring Center" shall be understood
to be made both to the Monitoring Center located in Santiago, and
to the Regional Monitoring Support Center, unless otherwise
indicated or specified the opposite.
1. Telematic Monitoring Service.
1.1. Monitoring system.
The System must contemplate, as a minimum, the
following:
a)
Be able to identify, in real time, the place where the convicted
person is, establishing the opportune mechanisms of warnings that
allow detecting the transfer or breach of the limits established by
the judicial authority.
b)
Providing, in a continuous and reliable manner, accurate
information about the location -in coordinates, within the Chilean
geography-, where the convicted person is in the case of intensive
supervised release, or his / her condition (presence or absence at
home), in the case of partial seclusion.
c)
Have the necessary mechanisms to detect and notify attempts to
defraud or falsify the aforementioned information.
d)
Warn when the convicted person is about to cross an inclusion zone,
or to enter an exclusion zone, set judicially.
e)
Communicate immediately the incidents that, in the sense indicated
in the previous letters, occur; likewise, to communicate the
warnings to the competent personnel for the control of the
condemned, as to all the persons considered appropriate, by any
means of communication of the system.
f)
The system must be in a wesite, allowing remote users authorized by
the Gendarmerie, to access the location information of the
convicted person and / or the victim.
g)
The Company must make available the network architecture of the
telematic monitoring system and, in particular, detail the
connectivity parameters at the network level of the different
stages that make up the solution and the computer security aspects,
such as, for example, rules and access filters at the level of
firewalls that will protect the system from intruders and attacks.
You must provide the necessary hardware and software for it. In
addition, it must include the necessary means for the tasks of
backup and recovery of the system.
h)
The solution must allow an operation of the uninterrupted system 24
hours a day, every day of the year. Mechanisms should be considered
to ensure the operational continuity of the service, which should
be described in the topology of the system. To ensure this high
availability, the architecture must contain as many redundant
elements as necessary, both at the software and hardware level
(power supplies, fans, mirrored arrays of disks, data links,
etc.).
i)
The system must be able to comfortably manage a capacity of 10,000
monitored users simultaneously. It is understood by "comfortably"
that the resources of processing, memory and data storage are under
70% utilization.
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j)
The software must be configurable, allowing administrators to
modify the status of warnings generated by the
devices.
k)
The interface of the software system must be in
Spanish.
l)
Software applications should allow the hierarchy of user levels and
management, through at least the following profiles:
● Operator user
● Super administrator user
m)
It must generate work orders, administer and schedule the
installations, etc., in order to coordinate the installation,
removal and technical support activities of the
devices.
n)
Must allow to manage all events that occur, in order to keep track
of them and be able to make statistics on the information generated
from monitoring, accessing all the variables delivered by the
system.
o)
It must allow the administrative management of the monitoring
service. This tool must be able to handle accounting aspects
regarding facilities, uninstallations, and replacements, such as
the operation of the Monitoring Center itself
p)
The system must give full support to all the functionalities that
are derived from the process diagrams, according to the technical
annexes explaining the process flows associated with the telematic
monitoring system.
q)
The system must offer, within its functionalities, the creation of
dynamic reports, according to the needs of the Service,
including:
q.1)
Statistical Reports.
●
Event log: summary report with what happened during the previous
night, indicating the warnings (pre-alarms and alarms) produced.
All this must be indicated with the time of occurrence, convicted
involved and victim (if applicable).
●
Summary of convicts who registered warnings, separated according to
the type of sentence (Partial seclution or Intensive
probation).
●
Convicted in valid status in the system.
●
Convicted who registered alerts.
●
Individual report of convicts subject to night detention, who must
detail the time of entry, time of departure and
alerts.
●
Individual report of convicts with monitoring in exclusion zones,
which should include surveillance route and alerts.
In addition, the reports should include bar, line and circular
graphics, with individual and aggregate data. The report should be
able to be exported to standard formats, such as Excel, PDF, Word,
etc.
q.2)
Administrative reports
As indicated above, the system should allow the extraction of
reports of an administrative nature, such as:
a)
List of made installations.
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b)
List of made uninstallations.
c)
List of monthly visits of preventive and corrective maintenance,
made to the Monitoring Center.
d)
List of relevant warnings of the period.
e)
List of training services developed.
f)
List of other relevant activities not contained in the foregoing
and that are part of the obligations established in these Terms and
Conditions.
g)
Devices in validity status in the system.
The functionalities indicated in letters m), n) and o) above,
should be able to be operated by both Monitoring Centers and by the
Social Rehabilitation Centers of the country.
The Company must develop applications that aim to improve processes
and interoperate with other computer systems, corporate or
external, in case the Gendarmerie requests it for better
functioning of the telematic monitoring service.
1.2. - Service coverage.
It corresponds to the percentage of the national territory covered
by the cellular mobile data network, with mapping, at the level of
street names and number of addresses. It is required that the offer
contemplates, independent of the percentage, coverage in all the
cities of the country (currently 346).
The Company must present a detail of the coverage offered on the
national territory. To do this, it must submit a list classified by
region, province and communes to be covered. In addition, it must
submit a map by region of Chile (including Insular Chile),
identifying by color the areas of coverage offered and areas
without coverage. In this one, it must be indicated if the lack of
coverage corresponds to the lack of mobile data network in said
area and/or to the non-mapping at the level of names of streets
with numbering of addresses. The Company must deliver maps of the
coverage committed in image format and, in addition, in a digital
file, to be visualized in Google Earth in KML and KMZ
formats.
1.3. - Maps.
The Company must present a map solution with cartographic survey at
the numbering and street names level, which includes, at least, the
following types of relevant places (layers):
● College, schools, kindergartens and nurseries.
● Hospitals and clinics.
● Police (a.k.a Carabineros) and Investigations
Police.
● Shopping centers, supermarkets, stadiums, churches, squares
and parks.
● Relevant public entities such as municipalities, public
offices, etc.
The Company must detail the information given by the map in
relation to the relevant places indicated in this point. To do
this, it must indicate the ability to customize the maps,
specifying the layers that can be superimposed on the maps that
identify certain places. In addition to the foregoing, the Company
must commit a frequency of updating the maps provided for the
monitoring system with a periodicity of six months or less,
specifically updating the cartographic survey at the level of
numbering and names of streets, and those municipalities that still
do not have that level of details, having as an objective to cover
all the communes of the national territory. In addition, it must
update with the same frequency the information of the
aforementioned layers.
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PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
1.4. - Level of service committed to the availability of the
monitoring system.
It corresponds to the percentage of minutes available per year of
the solution committed by the Company, that is, the state in which
the system is able to monitor all the installed hardware and
software functionalities, including the necessary
telecommunications. The remaining minutes of non-availability
(difference between 100% and the percentage of availability) will
be considered as minutes per year destined for scheduled work for
maintenance and updating of the system, in which an interruption of
the monitoring service is required.
The Company must present a solution with an availability of at
least 99.7% of the minutes available per year. This implies that on
a monthly basis, the supplier company can not accumulate more than
120 minutes devoted to programmed work that implies unavailability
of the monitoring service. Each scheduled work must mean less than
15 continuous minutes of unavailability of the monitoring system.
Scheduled works must be authorized by the Gendarmerie and carried
out preferably during the maintenance window schedule. The
maintenance window should go from 3:00 PM to 8:00 PM. The
authorization of the programmed works must be requested,
presenting, in writing and 48 hours in advance, a work plan to the
Department of Telematic Monitoring, clearly
indicating:
a.
Name,
national identity card (or passport), position, company, contact
telephone number and email address of the engineers and / or
technicians responsible for the scheduled work.
b.
Objective
of the scheduled work.
c.
Scope
of scheduled work, indicating which stage of the whole system
affects.
d.
Start
time and end of scheduled work.
e.
System
unavailability time during scheduled work.
f.
Actions
of return back (rollback).
It is the responsibility of the supplier company to coordinate this
information with the subcontractor companies so that Gendarmerie of
Chile is opportunely informed with respect to the programmed works.
The breach of the service level of the monitoring system implies
the collection of fines to the supplier company.
1.5. - Data Center.
The Company must have a certified Data Center to install its
processing servers and the necessary databases. Said Data Center
will communicate with the Monitoring Centers through a data
transport network backed up with quality of service, for example:
transport network with MPLS (Multiprotocol Label Switching) or its
equivalent. This transport network must allow communication between
the wireless data network, the Monitoring Centers, the Data Center,
the Gendarmerie data backbone and the data backbone of Carabineros
of Chile and/or the Chilean Investigation Police, if that
corresponded All the required inputs (routers, switches, wiring,
labeling, lease of links, etc.) to achieve this communication will
be of the Company's cost.
1.5.1. - Data Center Certifications.
Certification means compliance with international standards,
understood as those specified in North American or European
standards.
It is required that the Company maintain its own or outsourced Data
Center, which, at least, has the following
certifications:
a)
Structured
wiring.
b)
Energy
backup system.
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c)
Fire
protection system.
d)
Climate
system.
e)
Earthing
system.
1.5.2. - Data Center hardware and software
specifications.
The following is a list of the minimum elements that the Company
should consider in the proposed architecture for the Data Center
processing and database racking equipment:
a)
Monitoring
servers with their respective licenses, with exclusive dedication
to the bidding system. The shared use of servers with third
parties, or the virtualization of servers is not
allowed.
b)
Software
with the monitoring server applications and their respective
licenses.
c)
Database
engine software with their respective licenses.
d)
Database
system with mirrored disk arrays.
e)
Hardware
required for data connectivity with redundant links that allow
access to the Gendarmerie data processing, database and backbone
servers. The routers and connectivity configuration services, as
well as the enabling and laying of cables, fibers, connectors,
etc., will be the responsibility of the Company.
f)
Hardware
and software of firewalls that allow to define a safe zone by means
of security policies.
To ensure high availability, the architecture must contain as many
redundant elements as necessary, at the software and hardware
level.
For the foregoing, the Company must present the following
information:
●
Identification,
catalog and / or description of technical characteristics of the
equipment, its components and devices.
●
Background
that clearly details the operation restrictions and minimum
equipment maintenance requirements.
Renewal of hardware equipment installed in Data Center the Company
must replace, if necessary due to failure or obsolescence, the
equipment to guarantee the operational continuity of the contracted
service, a situation that will not represent any cost for the
Gendarmerie of Chile.
1.6. - Encryption of information.
The Company must indicate the levels of encryption of its solution,
between the devices and the monitoring system. It is required that
the proponent present at least the level of encryption of the
device in the air channel.
1.7. - Backups
It will be the obligation of the Company to maintain permanent
backups of the database that generates the telematic monitoring
service and deliver daily copies to the Gendarmerie.
Obligation of maintenance and periodic update of the Local
Database
Gendarmerie of Chile will have a Local Database hosted in its own
dependencies destined to the storage of all the information
generated by the Telematic Monitoring System.
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REQUEST.
The Company must ensure the historical update of the information
contained in the Database that the Gendarmerie of Chile has
throughout the term of this contract. The aforementioned updating
process will be required every two months by the Department of
Telematic Monitoring.
Once the date of termination of the contract has arrived, the
Company will have 15 consecutive days to accredit the total
updating of the Database with all the accumulated historical
information, that is, the one that was accumulated in the Database
at the beginning of the services, as well as the IFT and Trackerpal
systems, in the monitoring of the sentences that to date are
controlled until the end of this contract
2. Telematic Monitoring Devices
2.1. - Monitoring devices for the Condemned.
The devices used for telematic monitoring must meet the following
fundamental characteristics:
a.
The
device must allow the condemned to be identified unequivocally in
the monitoring system.
b.
The
device must reflect the convicted person's position, either in the
form of coordinates or in the form of presence or absence within a
specific geographical area, according to the streets to be
completed. There will be areas of inclusion that will restrict the
displacement and permanence of the convicted person in his home
during predefined times judicially in the case of the sentence of
partial seclution.
c.
The
monitoring devices must be easy to install and adjust and must be
equipped with a manipulation detection mechanism that is able to
verify this type of events and transmit them to the Monitoring
Centers. "Tampering" is considered any attempt of improper
administration, attempt to discard it, opening of the box
containing the receiver, physical damage to the equipment and
improper removal of the device or tracking unit, which does not
allow the optimal functioning of the monitoring service
telematic
d.
The
data transmitted must, in turn, be transferred to the Monitoring
Centers through a communication system, allowing this transfer in
an autonomous manner, at least every 2 minutes, being able to be
configured remotely so that this transfer could be carried out in a
greater or lesser time, according to the needs of the
Gendarmerie.
e.
The
solution must be capable of configuring a parameter that will
establish the maximum distance or the radius measured from the
location of the device or tracking and receiving unit, to which the
condemned person may go. This value must be configurable through
the programming made from the Monitoring Center.
The margin of measurement error, between the actual location of the
monitored convict and the coordinates sent by the device, must be
less than 24 meters.
f.
The
means of transport of the location data of the convicted person is
the mobile telephone network, for which the solution must consider
the CELL-ID information or identifier of the cellular telephone
base station to which the condemned person is connected. The
Company must provide a visualization system that allows
identifying, in a map, the approximate location of the convicted
person.
g.
Those
devices that are in permanent contact with the body of the
condemned must be hypoallergenic and resistant to water, at high
operational temperatures, changes in temperature, humidity and
extreme conditions.
h.
Likewise,
the transmitting device must comply with the maximum electric field
levels allowed by the Sub-secretariat of Telecommunications
(SUBTEL), so as not to generate relevant interferences with other
electronic and / or telecommunications devices.
i.
The
device, in conjunction with the software system, must be capable of
generating different levels of warnings in real time, both when
entering exclusion zones, as well as exits from inclusion zones, as
well as pre-exclusion zones that allow generating pre alamas, which
should, if necessary, be able to be determined
remotely.
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k.
It
must also allow bidirectional communication between the convicted
person and the Monitoring Centers through the unit itself. This
communication channel will be used to transmit warnings from the
Monitoring Centers.
l.
The
device in conjunction with the software system should contemplate a
mechanism of conservation and retrieval of information in case of
failures.
m.
The
device must have an autonomous power system, information on the
battery's state of charge and alert to the Monitoring Centers when
the battery's charge status is low.
n.
The
device, in conjunction with the software system, must transmit
alerts to the Monitoring Centers when the convicted person
transgresses the limits established in the sentence for their
displacement or those limits established in the Gendarmerie action
protocols to avoid potential rupture of the sentence.
2.2.- Device for the victim.
In addition to the characteristics mentioned above, the device for
the victim must consider, in accordance with article 23 bis of Law
No. 18,216, the following minimum technical
requirements:
a.
Allow
in the monitoring system, unequivocally, the knowledge of the
location of the victim communicating its position to the Monitoring
Center, when it is noticed the proximity with the condemned,
according to pre-established parameters.
b.
The
device, in conjunction with the software system, must allow
knowledge of the victim's location within the national territory
and communication of its position to the Monitoring Center, through
some technological means, its combination or any other development
that improve its functionality
c.
Allow
bidirectional communication between the victim and the Monitoring
Centers. Allow the system to emit a perceptible signal in the
Monitoring Centers in case of proximity between the convicted
person and the victim.
The devices to be installed in the home of the convicted person,
the body of the convicted person and / or the victim, must use a
wireless data transport network to communicate with the Monitoring
Centers. In case of using the GPRS cellular data network, a
dedicated APN should be created in the Core MPBN of the mobile
operator associated with the offeror and have at least one level of
data encryption, either at the device level and / or in the
communication channel and/or end-to-end encryption etc. The offeror
must detail their security levels throughout the communication
section.
2.3. - Installation, support and removal of the
devices.
It must provide a comprehensive solution to achieve the proposed
objectives, considering the technical feasibility certification,
installation, technical support and recovery of monitoring devices,
together with Gendarmerie, throughout the national territory. This
service must consider, at least:
a.-
The
"technical feasibility certification", which consists in the
issuance of a document, to be called the "technical feasibility
certificate", which indicates the possibility of supervising the
convicted person through the telematic monitoring system to be
hired. In case the result is negative, said certificate must be
founded.
b.-
The
supply, installation and removal of the devices required for the
implementation of the system, in time and form, in accordance with
the requirements of these rules
c.-
Provide
permanent technical support, remotely, through professional support
for failures that arise in the manipulation of devices. If a
solution of the damage is not possible, the supplier company will
proceed to perform the repairs in person.
For the installation process of the device, the Company received
the name of General of Monitoring (CLM). In the event that the
sentence of partial seclusion, if required, to carry out an
installation in the home of the convicted person, the supplying
company must provide the necessary transportation to mobilize its
staff together with the Gendarmerie official from the respective
Social Reinsertion Center, all the way to the domicile of the
condemned and back to the Social Reinsertion Center. The costs
associated with this transport are charged to the company providing
the telematic monitoring service.
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REQUEST.
For the installation of each device:
1. - See Technical Annex "Process of analysis and analysis of
technical feasibility for the installation of the telematic
monitoring device".
2. - See Technical Annex "Installation process of the telematic
monitoring device in the sentenced person's home".
3. - See Technical Annex "Process of installation of the telematic
monitoring device to the victim".
To control compliance with the penalty:
1. - Technical annex "Process of control of the penalty of partial
confinement".
2. - Technical Annex "Process of control of the sentence of
intensive supervised release".
3. - Technical Annex "Process of control of the term of monitoring
and removal of devices".
2.4.- Maximum response time.
The Company must provide a response time to provide technical
assistance, in accordance with the provisions of the contract and
this technical annex, in the national territory, namely assistance
in the technical feasibility report, installation, uninstallation,
replacement of the devices and technical support in case of
failure.
The Company is required to commit a resolution time to provide
remote technical assistance equal to or less than three hours and
technical attendance in any part of Chile equal to or less than 24
hours after the Gendarmerie requests it.
3. - Maintenance of the National Monitoring Center and Regional
Support Center
As part of the objective of telematic monitoring service in this
contract it is required the maintenance provided by the Gendarmerie
for the Telematic Monitoring Department, including, on it, the
"Monitoring Center", which is address on Rosas Street #1274, second
floor, Santiago, Metropolitan Region, and the Regional Support
Center, located at Prat Street # 255, office 402, La Serena city,
Coquimbo Region. This last center will operate in the event of any
type of catastrophe or any kind of circumstances qualified by the
Gendarmerie, which affect or stop the normal operation of the
Monitoring Center.
The Company in the maintenance processes should consider the
replacement of equipment, if necessary due to failure or
obsolescence, to guarantee the operational continuity of the
contracted service, a situation that will not represent any cost
for Gendarmerie of Chile and that will suppose a replacement of
equipment by models of better or at least the same
category.
3.1.- Hardware and software of the Monitoring Center and the
Regional Support Center. The Company must provide and permanently
maintain the necessary technology and hardware, equipment, licenses
and data link to perform the telematic monitoring functions of
convicts and victims. Considering a functionality of the Monitoring
Center, for 25 operators and 3 supervisors, and the Regional
Support Center, for 12 operators.
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Computers for Operators
In order to administer and operate the system efficiently,
Gendarmerie will make available permanently 25 personal computers
(PCs) for the Monitoring Center and 12 personal computers for the
Regional Support Center, all of them with 4 GB in RAM. With HD
monitors, 1 Terabytes minimum, with 10/100/1000 Ethernet network
card, optical mouse, high performance graphics card not integrated
to motherboard and independent memory, keyboard and DVD recorder
for operators connected to the system of telematic monitoring and 3
similar computers for supervisors in the Monitoring Center. Each
computer should have 2 monitors with a viewing area of
not less than 19 inches each. The capacity and speed
of the processor must be at least three times the minimum required
by the system.
The Gendarmerie of Chile may require to the Company provide
maintenance, technical services, replacement in case of failure
and/or obsolescence of the equipment referred to in the previous
paragraph. The replacement should consider all the hardware
facilities that are deemed convenient to make the task of the
operators more efficient and effective, with the necessary space in
their hardware, incorporating Windows operating system, Microsoft
desktop software (Word, Excel and Outlook). Updateable anti-virus
software should be included. All these softwares must be installed
with their respective license.
Likewise, the Company must satisfy requirements related to
ergonometric aspects (example: physical disposition of the
equipment on the work space, comfortable seats, etc.), due to the
levels of concentration and time that the operators must dedicate
to this work.
-
Printers
.
The Gendarmerie of Chile will make available, two color printers,
multifunctional basic with network connectivity, that have, at
least, with scanner, that allows the digitization of sheets in
letter and trade form, being the obligation of the Company the
maintenance of these equipments as likewise provide the necessary
input for its operation at the request of the Department of
Telematic Monitoring.
-
General
visualization system of the Monitoring Center and Regional Support
Center.
The Gendarmerie of Chile will permanently make available, for the
Monitoring Center and Regional Support Center, 4 flat LED monitors,
42 inches, full HD (1920 x 1080 pixels), with PC input, HDMI input,
video input component and USB connection. The Company must, in the
event of faults and/or obsolescence, replace them by the same model
or higher, for this they must consider that said monitors will be
on 24 hours, every day of the year.
In addition, the Company must provide maintenance and replacement
in case of failures and/or obsolescence of the multimedia
projectors that Gendarmerie has arranged for each of the centers.
In case of replacement, the Company must consider the installation
and configuration of these equipments considering equipments of
equal or better quality in relation to the one that is
replaced.
- Telephone Center
Gendarmerie will provide an IP telephone exchange (which supports
VoIP protocols H323, SIP, etc.), with their respective switches
with QoS and Power over Ethernet and 70 IP annexes with viewfinder
and with the option of using a headset and speed dialing
capability, from the computer, through an optional softphone
application. There are also four fax devices, compatible with the
telephone exchange used.
The Company must provide maintenance and replacement in the event
of failures and/or obsolescence of the necessary elements that make
up the Telephone Center that Gendarmerie has arranged for each of
the centers. In the event of replacement, the Company must consider
the installation and configuration of equipment considering models
of equal or better quality in relation to those that are
replaced.
The Company must provide a free access line (800 line or similar)
for the communication of convicts and victims to the Monitoring
Center, and two annexes where the calls made to it are received.
For connectivity against the PSTN, it must provide a frame with
overflow capability to 5 analogous trunk lines. The service of
connection to the public telephony network must be provided,
subcontracting it if necessary. The cost of the calls generated
from the Monitoring Center will be in charge of the Gendarmerie. In
case of power failure, the telephone service must have a minimum
autonomy of 15 minutes by UPS; the system and all its components
must be connected to the backup electrical network provided by the
generator.
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Call recording system.
For voice communications, the Company must provide a system capable
of recording all the communications established in the Monitoring
Center, for which it must contemplate the supply and installation
of a recording, editing, and reproduction and administration audio
system with the following facilities:
a.
Be
compatible with the monitoring system to perform the recording
function.
b.
Accept
connection of analog and digital audio lines for
recording.
c.
Store
together with the audio of each recording, the data of the calls,
such as number of origin, destination number, duration of the call,
date and time of the calls, etc.
d.
The
call registration system must allow access to any stored call at
any time.
The storage period of the audio backed up files will be at least
three years.
It must provide a recording system that has a management system
with, at least, the following capabilities:
a) System that has a call finder by criteria such as: duration of
the call, date and time, number dialed and indication if the call
is incoming or outgoing from the Monitoring Centers.
b) Recording system that has an independent workstation, compatible
with the recording system, based on a complete computer system (PC,
19 '' monitor, keyboard, mouse, speakers, DVD recorder, etc.),
which must have the ability to be connected via network to the
recording system, and must also contain all the applications
necessary to supervise, operate and configure the system directly
on site.
Satellite phone system.
The Gendarmerie will provide two satellite phones for each
monitoring center. It will be the duty of the Company to keep them
with an active balance for 12 continuous hours in each device, to
be used in emergency calls in case of catastrophe. The cost of
maintaining the satellite telephone service is by the Company
during the term of the contract. The balance must be available
again at the end of the emergency.
Renewal of hardware equipment installed in the Monitoring
Centers.
The Company must replace, if necessary due to failure or
obsolescence, the equipment to guarantee the operational continuity
of the contracted service, a situation that will not represent any
cost for the Gendarmerie of Chile.
Support, assistance and maintenance.
Support and assistance on site.
The Company must provide support and assistance that is available
on a permanent basis, this means, 24 hours every day of the year.
The support should be oriented to:
a)
Support
of the monitoring system.
b)
Support
to the operators and supervisors of the Monitoring Center and, in
general, to the Gendarmerie personnel that require it.
c)
Programming
and supervision of preventive and corrective maintenance
activities.
d)
Other
functions to be defined during the operation of the Monitoring
Center.
For these functions, regardless of the system of support and
assistance that is designed, it must have an official of the
Company that is available 24 hours in the active Monitoring Center,
in addition to attending any possible failures, of an urgent nature
or another similar requirement.
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REQUEST.
Repair and replacement of equipment against failures.
The Company must consider the repair and replacement (for parts and
original and new parts) of the equipment and accessories delivered
as part of this service.
Deadlines for installation, replacement, removal and technical
support of the devices.
a. The Gendarmerie will inform the Company of the requests for
installation and/or removal or replacement of the devices, with at
least 48 hours in advance of its execution. This implies that the
Company must be ready within that period to attend where
Gendarmerie requests it. In the event that the Company does not
appear, the fines indicated in this contract will be
apply.
b. In the event that the device requires technical support, the
Company will have a period of 3 hours to solve the problem
remotely, from when the Gendarmerie or the Company itself notifies
the problem. In the event that the remote support does not solve
the problem within a period of three hours, the Company must inform
the Gendarmerie and the information described in letter a) of the
previous paragraph will be applied.
c.- In the case of requesting the Technical Feasibility report for
the installation of a Telematic Monitoring device in the domicile
of the accused, the Company must have a web consultation portal,
where the Gendarmerie can ask online, entering the street, the
number and city of the accused for the purposes of article 23 bis
of Law No. 18,216. This portal must be available 24 hours a day,
every day of the year, and its result will be considered by the
Gendarmerie as an official response from the Company. When
gendarmerie used this portal, it must show a result of the type
"Positive Installation Feasibility", "Negative Installation
Feasibility" and "Feasibility Pending", in case of solve or not the
coverage requirements, the reason must be indicated in those cases
where the feasibility of installation comes with a negative result.
In the event that the Company requires to review and validate this
response online, it will have a period of 24 hours from the time of
the consultation to the site.
Preventive and corrective maintenance service.
The supplier company must deliver, to the technical counterpart of
the Monitoring Department, on the first business day of each month,
the planning of the preventive maintenance services and a monthly
report of the preventive and corrective maintenance services
performed the previous month. Will be required rigorous compliance
with the dates planned by the contractor.
In the case of equipment installed in the "communications room or
local data center" located at the National Telematic Monitoring
Center, a schedule of maintenance services must be delivered on the
first labor day of each month, but it is understood that any
modification of this programming should be informed and justified
to the Gendarmerie staff for its previous
authorization
Preventive Maintenance.
The supplier company must prepare forms for the realization of
preventive maintenance services in each system. Once the
maintenance work has been completed, the corresponding tests must
be carried out to ensure the continuity of the service. The form
must contain the following information:
●
Name of the technician who performs the maintenance
service.
●
Date and time of entry or start of maintenance work.
●
Date and time of completion of maintenance work.
List of all the tasks performed, the state before maintenance and
the final status after maintenance, indicating the respective
observations of each task.
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REQUEST.
For the specific case of some maintenance that considers the task
of measuring values, for example, percentage of use of the File
System, this must be registered in the form, which must also
contain the range of values allowed for each one of
them.
If there are any forms submitted by third parties, the contractor
must complete the respective form for that maintenance, also
attached the report of the external third party that make the
maintenance, to the maintenance report that will be submitted to
the Service.
Gendarmerie reserves the right to attend preventive maintenance
services carried out in the field.
The Company will be responsible for updating the topology diagrams
of each system in case of any modifications that could be made to
that. These updates must be delivered within a period of no more
than one day after the changes are made. Any maintenance work that
is required to be performed and that involves a subcontractor must
be supervised continuously and in person by authorized technical
personnel of the contractor company. The authorization to enter the
Monitoring Center to the maintenance pourpose of subcontractor
personnel, must be previously requested to the
Gendarmerie.
Gendarmerie will have the right to revoke the entry permit of a
worker of the Company or of a subcontractor, in which case that
must be explained their decision.
Likewise, Gendarmerie will have the right to ask the supplier
company to replace the personnel. This will be applicable when
Gendarmerie is not satisfied with the service provided by someone
from the supplier company.
The supplier company will not be able to connect remotely to any of
the data networks of the Monitoring Centers, without prior
authorization granted by the Gendarmerie.
All access to reading, operation or modification of any system or
database of the Monitoring Center or equipment installed in the
Data Center, must be previously authorized by the
Gendarmerie.
- Preventive Maintenance Report.
The general maintenance of the system must contemplate the aspects
indicated in the Technical Annex "General requirements for the
execution of maintenance services" and Technical Annex "Procedure
of Preventive Maintenance of the Data Center and Monitoring
Centers". For the specific maintenance of the computer systems, the
provider must take as an example of a report, the "Monthly Report
of Alarms and Performance of the Hardware and Software of the
Monitoring Platform."
-
Corrective
Maintenance Report
.
All equipment repairs must be executed, according to the
manufacturer's original specifications.
The supplier must generate a corrective maintenance report every
time an action of this nature is carried out. This report must be
submitted no later than 48 hours after the failure, which must
contain, at least, the following information:
●
Place,
date and time.
●
Responsible
for the repair procedure.
●
Fault
description.
●
Cause
of the malfunction.
●
Technical
solutions (repair, replacement, etc.)
●
Level
of the operation system after repair.
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[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
Gendarmerie reserves the right to attend corrective maintenance
services carried out in the field.
Training and manuals.
It will be the exclusive responsibility of the Company to guarantee
specialized training to the Telematic Monitoring Department staff
(Monitoring Center and Regional Support Center) at the initial
moment as well as continuously throughout the provision of the
service, always in collaboration with and under the supervision of
the corresponding Department.
The Company in order to maintain an adequate provision of the
service must also provide initial training in the terms indicated
in the previous paragraph, to 100% of the new officers hired in the
period.
The provider company to ensure the proper functioning of the
Telematic Monitoring System must train the Department staff as many
times as it deems appropriate, coordinating with the Head of the
Department the execution of the activities.
All expenses associated with the training activities shall be made
by the Company, with the exception of those related to the transfer
and residence of the officials to be trained.
Subjects to capacitate.
The supplier company must train the Gendarmerie personnel, in the
following matters:
a.
Training
of monitoring platform operators.
b.
Training
of installation / uninstallation of mobile devices.
c.
Descriptive
training of procedures in the use of the following
elements:
●
Telephone
exchange and satellite telephones.
●
Administration
of the access control system.
●
Air
conditioning and climate system.
●
Anti-fire
system.
●
Generator
and backup batteries.
In addition, the Company will provide the training and operation
manuals and problem solving manuals for each of the topics
specified in the previous paragraph.
Other matters to consider.
Communicative skills.
In order to achieve an efficient and persuasive skills in the use
of verbal expression techniques, a diction and communication class
should be considered for the operators and supervisors of the
Monitoring Centers.
Conflict and crisis management.
The plan must consider the training of the operators and
supervisors of the monitoring system, tending to acquire knowledge,
techniques and strategies that allow minimizing the impact of any
contingency, generated by emergency situations and/or crisis. This
training must provide skills and abilities that allow operators to
attend, promptly and professionally, emergencies that occur due to
their function. The agenda for the training of communication
skills, conflict management and crisis, will be agreed between the
parties, Company and the Gendarmerie.
-45-
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
Language training and manuals.
The trainings and manuals must be delivered in Spanish. Acronyms
and technical acronyms are allowed in English, which must be
explained in a glossary of technical terms. In addition to the
manuals delivered to each student in each course, you must submit 2
copies of quick reference manuals to solve the problems
(troubleshooting) for each of the personnel to be trained.
Likewise, the Company must deliver the set of backups in electronic
format (PDF, WORD, etc.) in 5 replicated CDs and in a Pendrive
device.
Place of capacitation.
The trainings will be carried out in dependencies provided by the
Company. All the necessary materials and laboratories must be
available to carry out the required training. Likewise, the
contractor must consider a coffe-break (tea, coffee, mineral water,
juice and cookies) of 20 minutes at mid-morning and mid-afternoon
during each day of the training given.
Without prejudice to the issues outlined here, the Gendarmerie of
Chile may require the Company to carry out training related to the
services offered, after determining a agenda that will be agreed
upon by the parties.
Training certificate.
The Company must provide a certificate of participation in each of
the trainings, when the student registers an attendance greater
than or equal to 80%.
4.- Finalization of the Service and migration of the operation of
the Telematic Monitoring System to the new awarded company, after
the termination of the contract.
Availability to develop migration process.
With the objetive of guaranteeing the full operation and continuity
of the service, regardless of the Company that supports it in the
future, the Company must make available to the Gendarmerie the
technical documentation that details the format and order in which
the devices they send the data of coordinates or any other relevant
information, in order to guarantee the recognition of the new
localization devices by the software of the system. For example,
indicate if TCP or UDR is used, the sockets ports used the order in
which it sends the coordinates and other parameters, the encryption
of that data, etc
Also, starting from the beginning of the sixth month of the
contract, the company must adjust the fulfillment of each of its
contractual obligations to the requirements that the Gendarmerie of
Chile formulates in order to allow the development of the
milestones contemplated for the installation of the incoming
supplier company, whichever it may be, that has been decreed by the
Gendarmerie of Chile as the contractor that provides continuity to
the Telematic Monitoring Service.
The Gendarmerie will have a term of six months, after the
termination of the telematic monitoring service contract, to return
to the Company all those monitoring devices that were installed
before the start of operation of the new awardee.
Uninstallation of Infrastructure.
Both the furniture and infrastructure installed in the Monitoring
Center and the Regional Monitoring Support Center for the purposes
of maintenance work, will become part of Gendarmerie property, so
that the Company can not withdraw them, unless Gendarmerie request
it explicitly. This uninstallation will be at the Company's
expense.
A-1
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
|
TECHNICAL
ANNEX:
FLOW
DIAGRAMS PROCESSES OF CONDENATE ON TELEMATIC MONITORING
SERVICE
|
- Technical Annex "Application process and technical feasibility
analysis for installation of telematic monitoring
device".
- Technical Annex "Process of installation of telematic monitoring
device in condemn home".
- Technical Annex "Process of Installation of telematic monitoring
device to the victim".
- Technical Annex "Process of control of the sentence of partial
seclution".
- Technical annex "Process of control of the sentence of intensive
probation".
- Technical Annex "Process of control of the term of monitoring and
removal of devices".
- Technical Annex "Procedure in case of catastrophe"
|
TECHNICAL
APPLICATION PROCESS
AND TECHNICAL FEASIBILITY ANALYSIS FOR INSTALLATION OF TELEMATIC
MONITORING DEVICE
|
The processes are described below, only as a referential matter,
for the request and technical feasibility analysis for installation
of telematic monitoring device.
To facilitate the description, the internal units of the Monitoring
Department have been considered as a single unit.
1.- Court, Prosecutor or Defender sends request for technical
feasibility report to the Department of Telematic
Monitoring.
2.- The Department of Telematic Monitoring analyzes the
request.
3.- The Department of Telematic Monitoring enters the parameters
for technical feasibility through software offered by the company
and generates a report with the obtained result. If there is no
immediate response, the Company initiates work to resolve
feasibility, within 24 hours to validate and correct that
result.
4.- The company gives the results.
5.- The Telematic Monitoring Department generates the Feasibility
Report and sends it to the applicant.
A-3
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
A-4
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
|
TECHNICAL
ANNEX
PROCESS
OF INSTALLATION OF TELEMATIC MONITORING DEVICE IN THE DOMICILE OF
CONDEMNED
|
The processes are described below, only as a reference for the
process of installing the telematic monitoring device to
condemn.
To facilitate the description, the internal units of the Monitoring
Department have been considered as a single unit.
1.- The respective tribunal sends the sentence to the respective
Social Reinsertion Center.
2.- The condemn is presented in the Social Rehabilitation Center
(CRS), his identity is verified and the date and time for the
installation is set
3.- The Department of Telematic Monitoring (DMT) gives the
installation order to the Company.
4.- The CRS and the company send their respective answers to the
DMT.
5.- The Company goes to the address or Social Rehabilitation Center
according to where the installation corresponds to the sentence and
the device to be used.
6.- The Company performs the installation and tests. If the
installation is compliant, the Company issues an installation
report and begins monitoring the convicted person according to type
of device and sentence
A-5
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
A-6
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
|
TECHNICAL
ANNEX
INSTALLATION
PROCESS OF TELEMATIC MONITORING DEVICE TO THE VICTIM
|
The processes are described below, only as a matter of reference
for the process of installing a telematic monitoring device for the
victim.
To facilitate the description, the internal units of the Monitoring
Department have been considered as a single unit.
1.- The respective tribunal sends the order to install the device
to the victim.
2.- The Department of Telematic Monitoring informs the respective
Social Reinsertion Center, who date the victim and verifies his
identity.
3.- The Department of Telematic Monitoring gives the installation
order to the Company.
4.- Company performs the installation and tests. If the
installation is in done, the Company realizes an installation
report and begins monitoring the victim.
A-7
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
A-8
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
|
TECHNICAL
ANNEX
PROCESS
OF CHECKING OF THE PARTIAL SECLUSION SENTENCE
|
The processes are described below, only as a reference for the
process of controlling the sentence of partial
seclution.
To facilitate the description, the internal units of the Monitoring
Department have been considered as a single unit.
1.- The Telematic Monitoring Department carries out the monitoring
of convicts, if the system generates warnings or alamr it must be
determined if it corresponds to transgressions associated with the
condemn or system failures.
2.- The Telematic Monitoring Department reports unfullfilment to
the Social Rehabilitation Center in case of failures associated
with the condemn, and then it is inform to the
tribunal
3.- The company solves the technical failure, it emits technical
report and continues the monitoring of condemned.
A-10
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
|
TECHNICAL
ANNEX
PROCESS
OF CHECKING OF THE INTENSIVE PROBATION SENTENCE
|
The
processes are described below, only as a reference for the process
of controlling the intensive probation sentence
To
facilitate the description, the internal units of the Monitoring
Department have been considered as a single unit.
1.- The
Department of Telematic Monitoring carries out the monitoring of
convicts, if the system generates warnings it must be determined if
it corresponds to transgressions associated with the convicted
person or system failures or corresponds to a
pre-alarm.
2.- The
Department of Telematic Monitoring reports unfullfilment to the
Social Rehabilitation Center in case of failures associated with
the convicted person, and then it is inform to the tribunal. The
system generates alarms, police and / or victim are
contacted.
3.-
Company resolves technical failure, issues technical report and
continues the monitoring of convicts.
A-12
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
|
TECHNICAL
ANNEX
CHECKING
PROCESS OF TERMINATION OF MONITORING AND REMOVAL OF
DEVICES
|
The
processes are described below, only as a reference for the process
of terminating the monitoring and removal of devices.
To
facilitate the description, the internal units of the Monitoring
Department have been considered as a single unit.
1. The
respective Social Reinsertion Center informs the condemned and
Telematic Monitoring Department of the term of sentence, sets the
date and time for removal of devices.
2. The
Department of Telematic Monitoring finishes monitoring the
convicted and/or victim and orders the removal of the device from
the Company.
3. The
Company proceeds to the recovery of the device in the corresponding
place, prepares a technical report of the recovery results and
sends it to the Telematic Monitoring Department.
4.- The
Social Reintegration Center, informs the Tribunal of compliance and
terminates the follow-up.
A-13
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
A-14
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
|
TECHNICAL
ANNEX
PROCESS
OF CONTROL IN THE EVENT OF A DISASTER
|
The
processes are described below, only as a reference for the control
process during a catastrophe.
To
facilitate the description, the internal units of the Monitoring
Department have been considered as a single unit.
1.- The
Telematic Monitoring Department in the event of a catastrophe calls
the head of the Regional Monitoring Center and the Company by
telephone.
2.- The
Regional Monitoring Center active Protocol, if there is a system
available, monitoring is started, if there is no available system,
the Company is contacted who must proceed with the activation of
the Regional Monitoring Center and the recovery of the Telematic
Monitoring Department.
A-15
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
A-16
[***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH
CONFIDENTIAL TREATEMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL
WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT
REQUEST.
|
TECHNICAL
ANNEX
REFERENTIAL
PROJECTIONS: BENEFITS, CONTRACT, DIRECT TREATMENT AND SERVICE OF
TELEMATIC MONITORING OF
CONDEMNED
(OCTOBER
18, 2017 - OCTOBER 18, 2018)
|
|
National Director
of gendarmerie of Chile
|
Legal
Representative of the Company
|
|
|
|
|
Mr. Jaime Rojas
Flores
|
Mr. Diego Peralta
Valenzuela
|
|
|
|
|
C.I N°
9.155.944-7
|
C.I N°
5.009.310-7
|
A-18