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TracPac Services 07/21/2010 11:20 FAX 00006/0007 el"f; ELECTRONIC TRACKING SYSTEMS x A SPECTRUM MANAGEMENT COMPANY July 19 2010 Alan Orr Chief of Police Tigard Police Department 13125 Hall Boulevard Tigard,OR 97223 RE: Memorandum of Understanding Dear Chief Orr: This memorandum, and its Attachments, is intended to memorialize the understandings and Agreement between Electronic Tracking Systems(ETS)and the Tigard Police Department (TPD)as they relate to the implementation of ETS TracPac Services'" in the fight against controlled substance criminal activity. Reference is made to our Agreement from 1993 under which terms and conditions we will relate, except as they may be modified or adjusted by the attached"Protocol for the Use of ETS TracPac Services'"'attached hereto(the"Protocol'),all of which are made a part hereof by reference. ETS is actively participating and undertaking this endeavor, and the facilitation role on the civilian side, based upon the protections afforded to ETS, its Associates, Purdue Pharma, L.L.P. and its associates, and to participating law enforcement agencies and their personnel, in the attached OxyContin Bottle Tracker Agreement which was executed by the U.S.Attorney's Office in the District of Oregon. Unless otherwise specifically agreed, ETS will look solely to Purdue and/or other civilian participants for remuneration for its Services in this matter. Any additional costs incurred by TPD for its efforts in this Program and for which it seeks reimbursement should be identified in advance,at least by category, so that ETS and its other civilian partners can agree to it and allocate responsibility between them. The devices used initially will be RF tracking devices as TPD has tracked since 1993. The only difference is in its packaging. The TracPac is encased in the base of a six-pack of 80 mg. OxyContin bottles that were filled by the manufacturer with items that do not contain an active pharmaceutical ingredient and that would be harmless if consumed orally. If WCCCA will agree to also monitor ETS'TracPac-PlusTm System, its proprietary software will be loaded, and dispatchers trained in its usage. The TracPac-Plus-Pharma is a LBS(Location Based Services)transmitter that combines GPS, cellular trilateration, cell sector, and RF technologies. It, too, is packaged as described above. ETS will also provide TPD with training on the differences in tracking of the two different technologies. 2545 Tmpky Road Carrollton%TX 0 469.574.4000 Tel 0 469.574.4001 Feu 07/21/2010 11:20 FAX �Jd. 0007/0007 Chief Alan Orr July 19 2010 Page 2 ETS looks forward to working with TPD in the fight against pharmaceutical crime. Please sign in the space provided below and return the original to me so that ETS can begin the System training and installation process. Regards, Jon J. Gergen President and CEO Attachments Agreed to by the Tigard Police Department Date:�Lz O A 0 Alan rr 2545 Tarpley Road 4 Carrollton. TX o 469.574.4000 Tel 0 469.574.4001 Far 07/21/2010 11:19 FAX [x0002/0007 Protocol for the Use of ETS TracPac Servicessm In the Fight Against Pharmacy Crime Many controlled pharmaceutical medicines are often targets for criminal activities in pharmacies. Electronic Tracking Services,L.L.C.("ETS")has developed a specific TracPac Service that aids law enforcement and potential"victim pharmacies"in their effort to identify,arrest and incarcerate those individuals who perpetrate these illegal activities,and assists in reducing economic losses and damage to the community resulting from the distribution of stolen controlled substances. This protocol exists between ETS and Purdue Pharma L.P. ('Purdue'). It defines the procedures which will be followed whenever a TracPac device is deployed into a pharmacy environment. Any deviations from this protocol must first be approved in writing by Purdue,ETS and the supporting Law Enforcement Agency(LEA). Program Overview TracPac devices will be deployed into pharmacies in jurisdictions where law enforcement support has been sought and received by ETS or Purdue.The supporting law enforcement agency will provide Purdue with a written request detailing the number of bottles needed. In addition,ETS and the supporting law enforcement agency will complete a Memorandum of Understanding(MOU)between themselves which further clarifies responsibilities between these entities.Purdue will,upon receipt of a written request from law enforcement,contact ETS to confirm that an MOU with the requesting law enforcement agency has been completed. Purdue Pharma will then contact the US Attorneys Office which has jurisdiction for the area where the requesting law enforcement agency is located.Purdue must obtain signed approval from the US Attorneys Office to deploy the TracPac devices in their jurisdiction. This signature must appear on the OxyContin®Bottle Tracker Agreement,which is also appended to this document.Once signed,Purdue Pharma will provide bottles("dummy bottles")bearing labels for the prescription medicine OxyContin®to ETS so that they can be equipped with the proper tracking devices. Once properly equipped,ETS will ship the Pharmaceutical TracPacs to its field personnel for installation into pre-determined pharmacies.Upon conclusion of any deployment,the TracPac devices and bottles will be returned to ETS for subsequent re-deployment at another location. Purdue and ETS will meet each quarter to discuss operational matters and modify this protocol, as appropriate. Lase Enforcement Responsibilities: ■ Request dummy bottles from Purdue in accordance with the attached document ■ Agree to enter into an MOU with ETS regarding deployment of the TracPac Service. ■ Name a"liaison"officer for this particular TracPac Service with whom ETS can coordinate so as to ensure that all aspects of the protocol are followed 1 Confidential Information ©2010 Spectrum Tracking Systems,Inc. 07/21/2010 11:19 FAX Ia0003/0007 • Evaluate the need to make any changes to its(agency's)ETS Standard Operating Procedures so as to ensure that events are properly responded to. Communicate any changes to ETS. ® Provide detailed information to ETS of any false activations or actual criminal activity within twenty-four hours of said activity. • Ensure that all dummy bottles used in Pharmaceutical TracPacs that come into its possession in any manner are either properly catalogued into evidence or returned to ETS if not required for evidentiary purposes. m Law Enforcement will not use these dummy bottles for any other purpose and will not provide them to any other agency or individual for any reason except by Order of a Court of competent jurisdiction. • Assist ETS with determining locations(pharmacies)that are viable candidates for participation in this TracPac Service. Pharmacy Responsibilities. • Agree to enter into a contract or MOU with ETS and pay the fees associated for the monitoring of these TracPac devices. • Contact law enforcement and ETS with any concerns regarding the deployment of these devices,including: o Notification if the TracPac has been off its magnetic plate o Changes to storage locations for controlled substances that would require that the TracPac device be moved o Local information,as learned,concerning trends in pharmaceutical crimes • Assist ETS with determining locations(pharmacies)that are viable candidates for participation in this TracPac Service. Purdue Responsibilities: ■ Purdue will be responsible for obtaining the proper signatories to the OxyConting Bottle Tracker Agreement.Purdue will provide ETS with a copy of this document. • Purdue will,upon request by a police agency,ship the specified number of OxyContin® "dummy"bottles to ETS. • These bottles will be filled with tablets which do not resemble authentic OxyContin®and which do not contain any active pharmaceutical ingredient. The items in the dummy bottles will resemble,in weight and sound,authentic OxyContin®tablets.These bottles will be marked with a sequential number and tagged with a radio frequency identification device("RFIU)containing a unique electronic product code("EPC').Purdue will provide ETS with a list of the EPCs that correspond to the dummy bottles. • Purdue will retain records indicating when each of the numbered bottles,and EPC,was sent to ETS. ■ Consult with ETS and the supporting LEA to target the appropriate pharmacies where the dummy bottles should be deployed.This includes supplying data from RxPATROL as well as other information Purdue is aware of. 2 Confidential Information ®2010 Spectrum Tracking Systems,Inc. 07/21/2010 11:20 FAX Ia0004/0007 ETS.Responsibilities. • Procure signed MOU from LEA or City/County. • Collaborate with LEA to determine which pharmacies should be encouraged to participate in this TracPac Service. ® When contacted directly by a pharmacy regarding participation in this TracPac Service, coordinate with local law enforcement regarding dummy bottle requirements and law enforcement request of same from Purdue. ® Upon receipt of the dummy bottles from Purdue: o Confirm receipt to Purdue via predetermined email address. o Log items into ETS' parts inventory system utilizing manufacturer's numbers. o Secure said items in locked parts inventory room. • Packaging o ETS will utilize a TracPacTN(transmitting device). o The TracPac will be suitably disguised. o The disguised TracPac will be secured in a base underneath six dummy bottles. o The six bottles will then be"shrink wrapped"utilizing doubled 100 gauge U Line Shrink Tubing. o The finished goods(ETS Pharmaceutical TracPac)will be affixed,right side up, to an ETS magnetic plate. • Record keeping and inventory at ETS service center. o Each TracPac will have a unique Manufacturer Serial Number(MSN). o The six numbered bottles that become part of an ETS pharmaceutical tag will be assigned a"Host ID"number. o These MSN and Host ID numbers,which when jointly entered into ETS' accounting and inventory system as one unit,become from an inventory control standpoint,a Pharmaceutical TracPac. o Pharmaceutical TracPacs are then placed in finished goods both in the accounting system(under Purdue's"account")and ETS' secured physical inventory of tracking equipment. o All dummy bottles and Pharmaceutical TracPacs will be processed by ETS in accordance with its policies and procedures for currency TracPacs. ® Orders and installation o ETS will receive orders for Pharmaceutical TracPacs via its field organization personnel in accordance with ETS procedures for other TracPac Services. o Electronic and paper records of each device shipped to the field will be retained including shipment dates and all serial numbers.This information will be supplied to Purdue as agreed between the parties. o The Pharmaceutical TracPacs will be moved from Purdue's account in the accounting system to the inventory of the specific ETS associate responsible for the ETS System in which that agency participates. o The Pharmaceutical TracPacs will be shipped via courier to the appropriate ETS associate.Air waybill numbers will be maintained by ETS and provided to Purdue.The ETS associate will notify ETS who in turn will acknowledge receipt of such shipment to Purdue in a timely fashion. 3 Confidential Information ©2010 Spectrum Tracking Systems,Inc. 07/21/201.0 11:20 FAX Q0005/0007 o Pursuant to either a law enforcement or customer request, devices will be installed according to standard ETS procedures, in the pharmacy. ETS associates,and only ETS associates,will perform the installation/de- installation/replacement of these devices. ® Installation will require customization depending on the design of the cabinet and where and how the actual pharmaceuticals being protected are stored. • Installation location is critical both to the ability of the pharmacy staff to successfully pass the device during a robbery,as well as to avoid false activations during normal pharmacy operations. ® All installations will include placement of the Pharmaceutical TracPac onto a concealed magnetic plate. Training of designated pharmacy personnel in the handling of the tracking device will be performed by ETS personnel at the time of installation and, subsequent to installation,upon receiving notification of personnel changes at the pharmacy. ■ The installation and training will be documented on an ETS Service Acknowledgement(SA)form as per normal operating procedures with ETS' TracPac Services. A copy of said form is appended to this protocol. W A copy of the SA,which has been signed by the pharmacy manager or his/her designee,will be left with this individual for future reference use by either law enforcement,other regulatory personnel,or ETS. The original SA forth will be transmitted to ETS' service center. • If a new customer location(pharmacy),a new customer account will be established in ETS'accounting system o The Pharmaceutical TracPac in question is moved from the ETS associate's inventory account to the customer location account including,but not limited to,the following information: ® MSN Number ® Host ID Number ® Name/Address/Contact Number of Customer ® Date of Installation Service/Replacement Month • The ETS Pharmaceutical TracPac will be replaced at least once a year to ensure that the battery life is sufficient to allow for a reasonable"track." ® Frequent false activations may necessitate earlier replacement if ETS determines it is required(along with additional pharmacy staff training). • The SA procedure and chain of custody procedures outlined above are followed every time an existing tracking device is replaced. Upon receiving notification of a robbery or burglary from the LEA "liaison,"ETS will,as per its Standard Operating Procedures,issue an internal Incident Report.Except by Order of a Court of competent jurisdiction,the parties agree that this report will not be made public. 4 Confidential Information ©2010 Spectrum Tracking Systems,Inc. 07/21/2010 13:21 FAX 170002/0002 ® ETS will replace any Pharmaceutical TracPacs taken in a robbery or burglary with a replacement tracking device and will report,as per standard reporting procedures,the required information to Purdue and the participating law enforcement agency. ETS'accounting system will be updated with the new serial numbers. • ETS will provide Purdue and all law enforcement agencies,the numbers of each of the bottles that were stolen,the transmitter number(MSI)and the status of same(in evidence,not recovered by law enforcement following an eyent,returned to ETS for reworking and return to inventory, or dummy bottles returned to law enforcement). • ETS will provide the Purdue,LEA"liaison"officer,Communications and any other relevant regulatory agency's representative with a current list of all pharmacies;that are installed with ETS Pharmaceutical TracPacs. This list will be revised when there are any changes to the participating pharmacy stores. ® Whenever any law enforcement agency terminates their participation in this program,ETS.will remove the tracking devices and return the bottles assigned to that agency to Purdue. ® Whenever anyipharmacy terminates their participation in this program,the ETS associate*that jurisdiction will obtain the Pharmaceutical TracPac and return it to its facility in Carrollton,TX.ETS will notify Purdue whenever this occurs. AGREED TO: J9 J.Gergen Alan Orr President and CEO Chief of Police Electronic Tracking Systems,L.L.C.. Tigard Police Department Date: ?IPW Date:--7 Z-d o i i 5 Confidential Information V 2010 Spectrum Tracking Systems,Inc.