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COW 2015-11-23 Item 4D - Agreement - Police Department Records Management System
COUNCIL AGENDA SYNOPSIS Initials ALleeiing Dale Prepared h}+ Mayors reties' Caamil review 11/23/15 TC CAV L... 12/07/15 TC ❑ Bid Award Mfg Date ❑ Public Hearing Mtg Date ❑ Other Allg Date CA'I T GORY 11 Discuej'jon [2 AN Date Rilg SPONSOR • Council ❑ iVTayar ❑ 1 IR ❑ DCD ❑ Finanee II Fin> -7 IT ❑ P &R Police ❑ Pr SPONSOR'S The Police Department needs to update its records management system (RMS), and the SL.:\IMARY Request for Proposals process as well as our internal process resulted in the recommendation to purchase the Spillman Technologies, Inc. Sentryx product. This project will require a significant investment of both financial and staff resources. The Council is being asked to consider this item at the November 23, 2015 Committee of the Whole meeting and subsequent December 7, 2015 Regular Meeting. RIWII X ,D BY ITEM INFORMATION ITEM No. 135 STAFF SP {)NSOR: TRINA COOK ORIGIN.11. AGENDA D;1'ri�.: 11/23/15 AGENDA I'll 11i Ti'1'I.I; Records Management System Purchase 11/23/15 Motion Dale 12/7/15 ❑ Resolution Ails Date ❑ Ordinance Mtg Dale ❑ Bid Award Mfg Date ❑ Public Hearing Mtg Date ❑ Other Allg Date CA'I T GORY 11 Discuej'jon [2 AN Date Rilg SPONSOR • Council ❑ iVTayar ❑ 1 IR ❑ DCD ❑ Finanee II Fin> -7 IT ❑ P &R Police ❑ Pr SPONSOR'S The Police Department needs to update its records management system (RMS), and the SL.:\IMARY Request for Proposals process as well as our internal process resulted in the recommendation to purchase the Spillman Technologies, Inc. Sentryx product. This project will require a significant investment of both financial and staff resources. The Council is being asked to consider this item at the November 23, 2015 Committee of the Whole meeting and subsequent December 7, 2015 Regular Meeting. RIWII X ,D BY • COW Mtg. Li CA&P Cmte Crnte — Arts Comm. F&S Cmte Transportation Crnte Comm. r Planning Comm. CHAIR: HOUGARDY Utilities DATE: 11/17/15 r Parks COMMITTEE RECOMMENDATIONS: SP0NsOR /ADMIN, Commi.i Police Department 'I :I: Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPFNDITURI.? RI:QUIRND AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/23/15 MTG. DATE ATTACHMENTS 11/23/15 Informational Memorandum dated 11/5/15 Spillman Technologies, Inc., Purchase and License Agreement Spillman Technologies, Inc., Company and Product Fact Sheet Minutes from th Finance and Safety Meeting of 10/20/15 & 11/17/15 12/7/15 j 135 136 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM Chief Mike Villa BY Trina Cook DATE: 11/5/2015 SUBJECT: Records Management System Purchase ISSUE The Police Department needs to update its records management system (RMS), and the Request for Proposals process as well as our internal process resulted in the recommendation to purchase the Spillman Technologies, Inc. Sentryx product. This project will require a significant investment of both financial and staff resources. BACKGROUND The RMS being used, Justice by Custom Micro, Inc., has been in place for nearly 20 years. The overall functionality of the system is basic and limited. Inefficiency restricts our ability to effectively create mandatory state reports, respond to public disclosure requests, and investigate criminal networks. Officers turn in hand - written reports which are then entered into the RMS by Records staff and photocopied for distribution to the major crimes unit and/or prosecutor — Tukwila is the only valley agency still processing cases in this outdated and inefficient manner. Tukwila is also unable to implement an online reporting option for citizens, which is available in every other valley city. This option allows citizens the option of reporting certain types of property crimes online, which gives officers more time to focus on preventing crime or community outreach. The police department has been talking about updating the RMS for many years. Around 2010, Chief Dave Haynes started looking at new systems in earnest and realized it would have a significant financial impact, and then started allocating funds each year in order to offset the initial purchase price. Strategic Plan A goal was published in the 2014 Police Department Strategic Plan to "Implement a New Records Management System, " which supports the goal to "Effectively Manage Our Resources." A new RMS will also support the strategic plan goals of targeting hot spots and key offenders, strengthening investigations and timely arrests, improving responsiveness to the community, and establishing a system for equipment management. The new RMS would also support the City's strategic plan. Goal Four is "A High- Performing and Effective Organization" — Section E.2. directs us to "Focus City expenditures on community priorities and maximize efficiencies in service delivery, " and specifically, "Establish policies and process to adopt technology that improves City services and makes them more efficient." In the summer of 2014, an internal project manager was assigned, and a project team established. The team created a needs assessment by surveying all department members, and the project manager began researching RMS vendors. A variety of options were explored, such as establishing a regional RMS and partnering with another local jurisdiction for cost savings. 137 INFORMATIONAL MEMO Page 2 Both were rejected. No other local agencies are planning to change their RMS, which would be required for a regional RMS, and local jurisdictions using Spillman are not using the features Tukwila has selected. Vendors were invited to do on -site demonstrations, which were scheduled in March of 2015, and were scored on 122 objective needs, 15 short answer questions, and five subjective categories, In April 2015, representatives of the project team conducted site visits to user agencies, in order to see how local agencies used the systems. The Technology Council was briefed on this project and is in support of an updated RMS for the department. Vendor Selection A Request for Proposals was published in October of 2015. Spillman Technologies, Inc., based in Salt Lake City, Utah, was the only vendor to respond, and based on this as well as our previous research, Spillman was selected as the vendor of choice. Spillman has shown they will be an excellent partner for our department. They have police, sheriff, dispatch, and jail customers numbering over 150 in Washington, and a local user group (Spillman Northwest User Group - SNUG) that advocates for Spillman customers in this region. The relationship between SNUG and Spillman is unsurpassed by any other user group across the country, and SNUG also works very closely with the Washington Association of Sheriffs and Police Chiefs (WASPC). Tukwila will benefit greatly by joining this network of Spillman agencies. DISCUSSION Once Spillman was selected, the department needs assessment was analyzed to determine which suite of modules should be purchased. Spillman also did an on -site visit to Tukwila to see how the software could benefit the department. These two assessments were combined - the recommended modules and their primary features will be detailed. The lists here follow Exhibit B in the Purchase and License Agreement. System Features The System Core is a central repository for all system information, and prevents users from duplicating data entry. Its features include: address verification, link analysis, preformatted reports, digital file storage in multiple formats, warrant tracking, case management, in- system instant messaging, and view -only workstations. Law Records — primary location for all case report information Imaging — easily creates photo montages Traffic — tracks collision and citation data to make informed decisions Pin Mapping — plots data for quick analysis on trends CompStat Dashboard — presents statistics in an easy -to- analyze format, user- defined dashboard display for special project tracking by time period and geographic area Vehicle Impound — maintains detailed records of vehicles impounded to the city yard Sex Offender Tracking — assigns, schedules, and records address verification duties, tracks distance of residence from restricted locations Personnel Management -- serves as a central repository for all personnel data including training records Equipment Maintenance — tracks location and condition of department - issued equipment and vehicles, provides simple inventory for issued items Inventory Management — manages inventory of non - issued items, prevents unexpected shortages 138 W'12015 Info Memos\PDRecordSystem.docx INFORMATIONAL MEMO Page 3 Mobile modules meet goals of the department strategic plan by giving officers full access to the RMS while working in the field. Officers will use driver's license scanners to automatically populate name and date of birth information in the system. Querying the state and national systems will also allow officers to import name returns to their case reports. The field reporting option is optimized for mobile use, making the case report entry process more convenient when officers are not in the station. Several interfaces are written for use in the RMS. Because of Spillman's extensive customer base in Washington, every interface has already been written, tested, and is in use with other agencies in Washington. Tukwila will not be beta - testing any interface, which is an enormous benefit. Interfaces of note include: Spillman Touch -- allows for RMS access from smart phones or tablets, as well as attaching photos to case reports via smart phone /tablet Spillman InSight — enhances regional information sharing; Tukwila would be a regional leader for InSight and also share data with other InSight agencies around the state Spillman Analytics— visualizes crime patterns, identifies trends, supports proactive policing efforts, maps hot spots, and creates scheduled reports for regular dissemination CrimeMonitor Interface — share map -based case report information with the public; Seattle Police Department also shares with this system so Tukwila cases and Seattle cases are on the same map Data Conversion In order to maintain historical files, data from the current RMS and the training database will be converted into Spillman. The Records division is auditing case reports in order to ensure the transferred data has high integrity. Converting the training database meets the strategic plan goal of integrated systems, and will also allow all employees to see their own training record, as well as allow for better response to subpoenas for training records. Licensing Spillman offers site licensing, which means we pay for the system and it will accommodate as many users and devices (desktop, laptop, tablet, and/or smartphone) as we need. Site licensing ensures stable pricing, means we never limit access to a maximum number of users, and eliminates a need to purchase additional licenses if staffing levels change. Professional Services The project management and training services offered by Spillman are top - notch. Tukwila will be assigned a dedicated Project Management Professional certified project manager to see the 12 -16 month implementation through. Spillman staff will be onsite for many weeks throughout the process, including 13 weeks of hands -on end -user training prior to go -live. Spillman staff will also be on -site when the department goes live to help with the transition and any needed troubleshooting. Support Fees Annual support fees are included for the first year, and include all software upgrades and enhancements for the life of the contract. Standard business hours phone support is also included, and outside of business hours calls are charged on a per hour basis. All customer support is handled from Spillman corporate headquarters, located in Utah. In 2014, 54% of support calls were resolved in one phone call. Also available and included in the cost is Spillman's online classroom education website, which contains a training and tutorial video library, quizzes, documentation, and discussion forums, as well as a training database. W:12O15 Info Memos\PDReccrdSystem.docx 139 140 INFORMATIONAL MEMO Page 4 Prepaid Services Attendance at Spillman's annual user conference is included in prepaid services. This fee will cover two employee registration fees (subject to increase) each year, and unused fees are rolled over in Tukwila's account with Spillman. Spillman requires a certified Spillman Application Administrator at each agency, and certification classes are offered at the conference. Spillman also offers certification in its Records system, which would benefit power users in Tukwila's Records division. FINANCIAL IMPACT A project with such a wide reach also has a significant financial impact. The project requires not only the software purchase from Spillman, but also additional hardware infrastructure and overtime costs for training. Cost Savings Options Several options for cost savings were considered. As mentioned previously, partnering with a neighboring agency was not an option. While there are several valley agencies using Spillman, none are using the system as fully as Tukwila intends. Savings were found by using the handheld driver's license scanners from a preexisting vendor rather than through Spillman. To effectively track vehicle assignments, the department will use the equipment maintenance module instead of purchasing the fleet maintenance module — fleet maintenance offers features more suited toward the way the City Shops manages the fleet rather than how the police department needs to track them. The package and structure listed in Exhibit B will ensure a robust, but fiscally smart; system. Payment Schedule Payment milestones with Spillman allow for payments to occur over three budget years. In 2015, upon contract signing, 20% of the purchase price is due. Throughout 2016, the infrastructure hardware and 50% of the purchase price will be paid. In 2017, the final 30% of the purchase price is due, and the driver's license scanner hardware will be purchased. Additional Staff Implementing a new RMS, especially one with such an increase in technological capacity, will require additional technology support. This purchase includes a 0.5 FTE staff position to offer additional support through the implementation and go -live process, as well as for regular on- going system maintenance after go -live. This position would be hired in 2016 and continue in the budget until 2018, at which point it would be assessed for any needed changes. Funding Unexpected Increases In order to safeguard against needing funds beyond those currently quoted, a 10% contingency increase was added across the board. White Spillman has an unsurpassed success rate of never failing an implementation, and always meeting not only the go -live timeline but also the budget as set, this increase in budgeted funds will allow for unexpected price increases for internal infrastructure needs or future hardware replacements. For example, the FBI Criminal Justice Information Services (CJIS) requirement to have advanced authentication to access criminal justice information when using remote systems required the purchase of advanced authentication tokens. These tokens are on a three-year replacement schedule and unused funds in this contingency amount could be allocated for the eventual replacement. One -Time and Ongoing Costs For the contract- signing year through one year past go -live, one -time versus ongoing costs are detailed. Also included is $0,350 starting in 2018 for yearly refresher training. Spillman staff would come on -site and offer specific training for the department, in areas identified, such as W:12015 Info Memos \PDRecordSystem.docx INFORMATIONAL MEMO Page 5 field training officer refresher training (to ensure new officers are being trained correctly), records - specific training like public disclosure request training, or update training (focusing on changes from upgrades and enhancements). A total of $350,000 has been allocated already and the remainder cost through 2017 is being requested through the budget process. RECOMMENDATION The Council is being asked to approve the contract and consider this item at the November 23, 2015 Committee of the Whole meeting and subsequent December 7, 2015 Regular Meeting. ATTACHMENTS Spillman Technologies, Inc. Purchase and License Agreement Spillman Technologies, Inc. Company and Product Fact Sheet October 20, 2015 Finance and Safety Meeting Minutes W'12015 Info Memos\PDRecordsyste m, docx 141 2015 2016 2017 2018 Total One -Time $ 136841.54 $ 405,542.06 $ 245,924.45 $ - $ 788,308.00 Ongoing $ - $ 74,800.00 $ 74,800.00 $ 132,558.00 $ 282,158.00 Total $ 136,841.54 $ 480,342.06 $ 320,724.45 $ 132,558.00 $ 1,070,466.00 A total of $350,000 has been allocated already and the remainder cost through 2017 is being requested through the budget process. RECOMMENDATION The Council is being asked to approve the contract and consider this item at the November 23, 2015 Committee of the Whole meeting and subsequent December 7, 2015 Regular Meeting. ATTACHMENTS Spillman Technologies, Inc. Purchase and License Agreement Spillman Technologies, Inc. Company and Product Fact Sheet October 20, 2015 Finance and Safety Meeting Minutes W'12015 Info Memos\PDRecordsyste m, docx 141 1 42 [s] Tukwila Police Department illm an technologies, inc. reliable innovation) ) Purchase and License Agreement Confidential and Proprietary The contents of this document are confidential and propriety to Spillman Technologies, Inc. Copying or distributing this material is strictly prohibited. 143 Spillman° Purchase and License Agreement Table of Contents Purchase and License Agreement 1 Section 1: Definitions 1 Section 2: Purchases of Professional Services and Third Party Products 2 Section 3: License 2 Section 4: Scope of Rights 3 Section 5: Fees and Payments 3 Section 6: Support 4 Section 7: Customer Responsibilities 4 Section 8: Proprietary Protection and Restrictions 4 Section 9: Confidential Information 5 Section 10: Utilities; Restrictions on Usage 5 Section 11: Limited Warranty and Limitation of Liability; Indemnification 6 Section 12: Term of Agreement; Termination 8 Section 13: Miscellaneous 8 Exhibit A Maintenance and Support Agreement 12 Section 1: Definitions 12 Section 2: Eligibility For Support 13 Section 3: Scope of Services 13 Section 4: Services Not Covered by this Support Agreement 14 Section 5: Obligations of Customer 15 Section 6: Spillman Application Administrator Requirements 15 Section 7: Fees and Charges 16 Section 8: Termination 17 Section 9: General 17 Appendix 1 Authorized Agency Technical Representative(s) Contact Informationl9 Exhibit B Purchased Products and Services 20 Exhibit C Existing Interfaces - Technical Product Documents 24 Exhibit D Data Conversion - Scope of Work 49 Exhibit E BAIR Analytics - Data Usage Agreement 54 145 A Purchase and License Agreement This Purchase and License Agreement (the "Agreement ") is made and entered into effective as of the date this Agreement is signed by both parties below (the "Effective Date "), and is by and between: Spillman Technologies, Inc. ( "Spillman ") 4625 Lake Park Blvd. Salt Lake City, UT 84120 and City of Tukwila ( "Customer ") 6200 Southcenter Blvd Tukwila, WA 98188 Customer desires to purchase from Spillman licenses for certain Spillman software, professional services, maintenance services, and third party hardware, software and services, as set forth in Exhibit B (Purchased Products and Services), and Spillman desires to sell such licenses, services and products to Customer, pursuant to the terms and conditions of this Agreement. In consideration of the mutual agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1: Definitions 1.1 "Confidential Information" means any non - public information provided by either party to the other in connection with this Agreement, including the Software, Spillman's pricing, future product plans, trade secrets; know -how; a party's non - public business and financial information; Customer lists; and any written materials marked as confidential and any other information, including visual or oral information, which reasonably should be understood to be confidential. Confidential Information does not includ'information that a party can prove: (a) is now or later becomes generally available to the public without fault of the party who received such information; (b) was rightfully in the receiving party's possession prior to its disclosure by the disclosing party; (c) is independently developed by the receiving party without the use of any Confidential Information of the disclosing party; or (d) is obtained by the receiving party without obligation of confidentiality from a thin` arty who has the right to disclose it. Additionally, the receiving party may disclose Confidential Information to the extent required by a judicial or legislative order or proceeding, or by any applicable federal or state open records act or freedom of information act requirements provided that it gives the disclosing party prompt prior notice of the intended disclosure and an opportunity to respond or object to the disclosure, if permissible. 1.2 "Documentation" means all written or electronic user documentation for the Software provided by Spillman to Customer. 1.3 "Software" means the package of Spillman computer program(s), interfaces and /or data, in machine - readable form only, as well as related materials, including Documentation, identified in Exhibit B (Purchased Products and Services) and Exhibit C (Existing Interfaces — Technical Product Documents) or subsequently licensed by Customer pursuant to the terms of this Agreement. Software also includes all Utilities, modifications, new Releases and Enhancements (as defined in Exhibit A (Maintenance and Support Agreement)). Software specifically excludes Third Party 1 147 Software not developed by Spillman, but that might be used in conjunction with the Spillman software, such as word processors, spreadsheets, terminal emulators, etc. 1.4 "Spillman Application Administrator" means an agent of Customer appointed by Customer, who has been certified on the Software by Spillman, pursuant to the procedures set forth in Section 6 of Exhibit A (Maintenance and Support Agreement), and is able to communicate effectively with Spillman support personnel in the description and resolution of problems associated with the Software. 1.5 "Utilities" means the software utilities and tools provided by Spillman as part of the Software, including Spillman's XML Query, ODBC interface and implementation code, ctperl, dbdump, and dbload, as well as any other software utilities provided by Spillman in connection with the Software. Section 2: Purchases of Professional Services and Third Party Products 2.1 Professional Services. Customer agrees to purchase the Spillman professional services listed in Exhibit B (Purchased Products and Services). 2.2 Third Party Products. Customer agrees to purchase from Spillman the third party products identified in Exhibit B (Purchased Products and Services). Spillman makes no warranties with respect to such third party products, but agrees to pass trough to Customer any warranties provided by the manufacturers of such products, to the extent permitted. Section 3: License 3.1 Grant of License. In- consideration of t payment of the license fees set forth in Exhibit B (Purchased Products and Services), Spillman grants Customer a nonexclusive, non - transferable license to use the Software, subject to the terms of this Agreement (including the restrictions with respect to Utilities set forth in Section 10). 3.2 Own hip. 11man's Software and all related documentation and materials provided by Spillman are licensed (not sold) to Customer. Spillman retains sole and exclusive ownership of all rights, title, and interest in and to the Software, all related materials, and all modifications and enhancements thereof (including ownership of all trade secrets, copyrights and other intellectual property rights pertaining thereto), subject only to the licenses expressly granted to Customer herein by Spillman, regardless of whether Customer, its employees, or contractors may have contributed to the conception or development of any part of the Software, including enhancements or customized Software. The Software may also include third party software separately licensed to Spillman from third party licensors. Such third party software is sublicensed to Customer and protected pursuant to the terms of this Agreement, and may be used only in conjunction with Spillman's Software. This Agreement does not provide Customer with title or ownership of the Software or any component thereof, but only a limited license. Spillman and its licensors specifically reserve all rights not expressly granted to Customer in this Agreement. Customer must keep the Software free and clear of all claims, liens, and encumbrances. 2 148 Section 4: Scope of Rights 4.1 Location of Software. Customer may install and use the Software only in Customer's own facilities, including any authorized mobile sites. Customer shall give Spillman two (2) weeks prior written notice of any change in the location of Customer's primary facility where the server -based Software is installed; provided that if an immediate change in location is required due to an emergency or disaster recovery, Customer will notify Spillman as soon as is reasonably practical. 4.2 Customer Use Only. Customer may use and execute the Software only for purposes of serving the internal needs of Customer's business, except as specifically set forth in this Agreement. 4.3 Copies. Customer may make one copy of the Software in machine- able, object code form, for backup and archival purposes only, provided that Spillman's copyright notice is included. Such backup copies shall not be used for productive use, except to the extent required if the primary Software installation is not functioning. Customer may reproduce (photocopy or electronic copy) Software Documentation according to Customer's needs for the authorized use of the Software. Customer may not distribute any of the Documentation for use outside of Customer's primary place of business, except as required by law. 4.4 Shared Agency Arrangements. If Customer and another agency (the "Shared Agency ") desire to enter into an arrangement whereby Customer will act as a "Host Agency" and permit the Shared Agency to access the Software through Customer, the Shared Agency and Spillman will execute a Shared Agency Agreement for such arrangement and attach it to this Agreement as an additional Exhibit. Spillman will bill Customer directly for the applicable license fees, and Customer agrees to be responsible for timely payment of such invoices. Customer shall require the Shared Agency to comply with the terms of this Agreement and shall notify Spillman and cooperate as reasonably requested by Spillman in the event of any non - compliance by the Shared Agency. Section 5: Fees and Payments 5.1 Fees. The license fee for the Software and the price for all services and third party products purchased by Customer from Spillman are specified in Exhibit B (Purchased Products and Services). All invoices are payable within thirty (30) days of the date of the invoice. Customer must pay such fees directly to Spillman according to the agreed payment terms set forth in Exhibit B (Purchased Products and Services). 5.2 Taxes. Customer is solely responsible for any and all taxes resulting from this Agreement and its purchase of the products and services described herein (excluding taxes on Spillman's net income). It shall be the responsibility of Spillman to collect and remit applicable taxes. If Customer is a tax - exempt organization, Customer will provide Spillman with documentation required by the taxing authority to support such exemption. 5.3 Late Payments. If Customer fails to pay any amounts owed when due, Spillman may assess interest at one - and - one -half percent (1.5 %) per month on all overdue amounts, or the highest rate permitted by law, whichever is less. Customer shall also be liable for all costs of collection. 3 149 Section 6: Support 6.1 Spillman will provide maintenance and support services to Customer with respect to the Software, pursuant to the terms of the Support Agreement attached as Exhibit A (Maintenance and Support Agreement) hereto. Section 7: Customer Responsibilities 7.1 Spillman Application Administrator. Customer is responsible for designating a Spillman Application Administrator who is qualified to operate the Software on Customer's own equipment, has been certified as set forth in Exhibit A (Maintenance and Suppor ,greement), and is familiar with the information, calculations, and reports that serve as input and output of the Software. 7.2 Spillman Support Contact. Agency personnel who are 'authorized to co ct Spillman support are listed in Appendix 1, as referenced in Section 6 of Exhibit A (Maintenance and Support Agreement). Spillman reserves the right to refuse assistance; or to charge additional fees if the agency representative seeks assistance with respect t ch basic background information or any other matters not directly relating to the operatio the are. 7.3 Additional Components. Other components (hardware and /or software) may be required for the use of the Software. Spillman assumes no responsibility under this Agreement for obtaining and /or supporting such components except as expressly agreed in writing. 7.4 Proper Environment. Customer is responsible for ensuring a proper environment and proper utilities for the computer system on which the Software will operate, including housing and operating the server equipment in an environment and according to the specifications for the equipment as specified by its manufacturer` 7.5 Data Conversion Services. SpillmIti. assumes no responsibility under this Agreement for converting Customer's data files for use with the Software, except as listed in Exhibit B (Purchased Products and Services) and detailed* n a data conversion scope of work. 7.6 Improper Use. Customer shall use reasonable efforts to prevent its employees and independent contractors from making authorized copies of the Software or improperly using the Software. If Customer discovers any such problems, it will promptly notify Spillman and take commercially reasonable actions to resolve the problem as soon as reasonably possible. Section 8: Proprietary Protection and Restrictions 8.1 Third Party Access and Queries. Customer may not allow any other agency, entity, or individual to use or have access to the Software in any manner other than inquire -only unless expressly authorized by Spillman. Except as specifically authorized by Spillman, queries may be conducted solely for Customer's internal business purposes, and Customer may not query the Software, or permit any third party to query the Software, for a third party's business purposes. 8.2 Restrictions. Customer may not use, copy, modify, rent, share, or distribute the Software (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, 4 150 except as expressly authorized in writing by Spillman. Customer may not translate, modify, reverse assemble, reverse compile, or otherwise reverse engineer the Software. 8.3 Competitive Use. Customer may not utilize or permit a third party to access or utilize any part of the Software (including the Utilities) in any manner that competes, directly or indirectly, with any product or service provided by Spillman. This includes, without limitation, using the Software (or its Utilities) to develop any software, interfaces, or other products that compete with Spillman's products or services, or using interfaces or other products connecting to the database of the Software in connection with a third party's competing product. 8.4 No Service Bureau, Etc. No service bureau work, multiple -user license, or time - sharing arrangement is permitted, except as expressly authorized in writing by Spillman. Customer may not install the Software in any other computer system or use it at any other location without Spillman's express authorization obtained in advance (which cell not be unreason} ably withheld). 8.5 Inspection. Customer hereby authorizes Spillman to enter Cusf inspect the Software in any reasonable manner during regular busine prior notice, to verify Customer's compliance with the terms of this Agreem emises in order to , with or without Section 9: Confidential Information 9.1 Confidentiality Terms. Each party shall keep con ential all Confidential Information provided to it by the other party, and shall not use such Confidential Information for any purpose other than the proper purposes of this Agreement or as required by law. A party may disclose Confidential Information only to its employees and contractors who need to know such information, and who are bound to keep such information confidential. Each party shall give the other party's Confidential Information at least the same level of protection as it gives its own confidential information of similar nature, buf not less than a reasonable level of protection. 9.2 Restrictions on Disclosure. Customer must not disclose the Software, its Documentation, or any other Spillman documentation, (i) to any competitor of Spillman, or (ii) to any other third party unless it has a need to know such information for the proper purposes of this Agreement or unless require by law. Section 10: Utilities; Restrictions on Usage 10.1 Utilities. Spillman provides certain software Utilities as part of the Software. Spillman may add, modify, or remove Utilities from the Software during the term of this Agreement. The Utilities contain material that is proprietary to Spillman and /or its licensors, and may be used only as permitted by this Agreement. 10.2 Use of Utilities. Customer is permitted to use the Utilities for read -only operations in connection with the authorized use of the Software, but may not allow third parties to use the Utilities unless an authorized official of Spillman consents in writing. With the exception of ODBC, customer is NOT permitted to utilize the Utilities or any other software tools to write to Spillman's database in any manner, due to the potential for data corruption and system slowdown 5 151 or damage. Due to the potential for data corruption and system slowdown or damage, Customer agrees that it does so solely at its own risk. 10.3 Disclaimer. Spillman is NOT responsible for any breach of warranty, damages to the Software or its database, data corruption, support issues, security issues or performance issues arising out of Customer's or a third party's use of the Utilities (even if permitted by Spillman) or use of any other software not specifically licensed in this Agreement (including any third party querying or writing to the database). Section 11: Limited Warranty and Limitation of Liability; Indemnification 11.1 Functionality. Spillman warrants for a period of 12 months (the "Warranty Period "), and for Customer's benefit alone, that the Software conforms in all material respects to the specifications for the current version of the Software provided by Spillman. The Warranty Period will begin on the date of Customer's cutover to live operation of the Software (Go- live). This warranty is expressly conditioned on Customer's observance of the operation, security and data - control procedures set forth in the Documentation included with the Soft re. 11.2 Limitations. Spillman is not responsible for obsolescence of the Software that may result from changes in Customer's requirements. The warranty in Section 11.1 shall apply only to the most current version of the Software issued by Spillman from time to time. Customer must notify Spillman of any warranty issues or breaches within the Warranty Period; after the end of the Warranty Period, Software errors and defects will be handled under Exhibit A (Maintenance and Support Agreement). Issuance of updates does not result in a renewal or extension of the Warranty Period. Spillman assumes no responsibility for the use of superseded, outdated, or uncorrected versions of the Software. Such warranty also excludes non - performance issues that result from third party hardware or software malfunction or defect; modification of the Software by any person other than Spillman, or defects or problems that are outside the reasonable control of Spillman. Customer will reimburse Spillman for its reasonable time and expenses for any services provided at Customer's request to remedy excluded non - performance issues. Additionally, Spillman is not responsible for any problems or errors with the Software or Customer's system resulting from use of the ctperl or dbload Utilities in any manner other than read -only. Customer expressly acknowledges that any use of the "write" or "update" features of hese U a 'ties may damage Customer's database or cause other problems with its system. 11.3 tomer's exclusive remedy for any material defect in the Software for which ponsible, Spillman shall use reasonable efforts to correct or cure any reproducible ing corrected instructions, a fix or a workaround. In the event Spillman does not correct o ure such nonconformity or defect after Spillman has had a reasonable opportunity to do so, Spillman's liability shall be limited to the amount paid as the license fee for the defective or non - conforming module of the Software. Spillman shall not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Software if Customer has made any changes whatsoever to the Software, if the Software has been misused or damaged in any respect, or if Customer has not reported to Spillman the existence and nature of such nonconformity or defect promptly upon discovery thereof. 11.4 Limitation of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SPILLMAN AND ITS LICENSORS DISCLAIM ANY AND ALL PROMISES, 6 152 REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, TITLE, NON - INFRINGEMENT, AND ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. 11.5 Limitation of Liability. THE CUMULATIVE LIABILITY OF SPILLMAN AND ITS LICENSORS TO CUSTOMER FOR ALL CLAIMS RELATING TO THE SOFTWARE AND THIS AGREEMENT, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO SPILLMAN HEREUNDER. This limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. Spillman shall have no liability for the loss of data or documentation, it being understood that Customer is responsible for reasonable backup precautions. 11.6 Limitation of Damages. IN NO EVENT SHALL SPILLMAN AND ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS; ANY INCIDENTAL, "'SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST CUSTOMER BY THIRD PARTIES, EVEN IF SPILLMAN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffec;e. 11.7 Indemnification. Spillman agrees to defend Customer ainst any and all third party claims, demands, lawsuits or legal actions arising out of any actual or alleged infringement of any trademark, copyright, trade secret, or U.S. patent by the Software, and Spillman will pay any damages, costs and expenses (including reasonable attorneys' fees) finally awarded in such action or paid to settle the action. Spillman will not be required to indemnify Customer unless (i) Customer promptly notifies Spillman of any such claim; (ii) Customer gives Spillman sole control of the defense and all settlement negotiations, and the authority to represent Customer in defending the claim; and (iii) Customer provides Spillman with any information and assistance that Spillman reasonably requests in defending against the claim. Customer may, at its option and expense, be represented by separate counsel in any such action. If a court or other legal authority finds that any part of the Software infringes on a third party's intellectual property rights, or if Spillman believes that it infringes, Spillman will use reasonable efforts to obtain a license under e rights that have been infringed, to modify the Software so it is no longer infringing, or to rovide to Customer substitute software that is non - infringing; provided that if in Spillman's gment such options are not commercially reasonable, Spillman may terminate the license for th Software or the infringing portion thereof upon written notice to Customer. Spillman will have no liability for infringement arising out of modification of the Software by any party other than Spillman, use of an outdated version of the Software, or the combination or use of the Software with any other software, hardware, equipment, product, or process not furnished by Spillman, if use of the Software alone and in its current, unmodified form would not have been an infringement. Spillman is not liable for any infringement claims based upon third party software or hardware. This Section 11.7 states Spillman's entire obligation with respect to any claim for infringement or misappropriation of any third party intellectual property rights. 7 153 Section 12: Term of Agreement; Termination 12.1 Term of Agreement. Customer's license of the Software shall become effective upon the execution of this Agreement and shall continue perpetually unless otherwise terminated as provided herein. 12.2 Support Required. Customer is required to continue purchasing support and maintenance services from Spillman throughout the term of this Agreement, as a condition to the license of the Software under this Agreement. This Agreement shall automatically terminate if Customer ceases paying the required fees for maintenance and support of the Software. 12.3 Termination without Cause. Customer may terminate this Agreement at any time upon ninety (90) days' prior written notice to Spillman, without cause, subject to any outstanding obligations and financial commitments of Customer under this Agreement (e.g., Customer's obligation to pay license fees is not rescinded by such termination)., 12.4 Termination for Cause. Either party may terminate this Agreement, inThddition to seeking any other available remedies, if the other party breaches any material term of this Agreement - including the Support and Maintenance Agreement (Exhibit A) or the Statement of Work (Exhibit XX) - and does not correct such breach within thirty (30) days following written notice of the breach from the other party. Repudiation or failure to accept the Software without cause constitutes a material breach of this Agreement. In addition to or in lieu of termination, a party may seek any other remedies that may be available at law or in equity. 12.5 Effect of Termination. Upon termination of this Agreement, all rights granted to Customer will terminate and revert to Spillman and /or its licensors. Promptly upon termination of this Agreement for any reason or upon discontinuance or abandonment of Customer's possession or use of the Software, Customer must return or destroy, as requested by Spillman, all copies of the Software in Customer's possession (whether modified or unmodified), and all related Documentation, Confidential Information and other materials pertaining to the Software (including all copies thereof). Customer agrees to certify Customer's compliance with such obligation upon Spillman's request. Customer will permit Spillman to repossess the Software and any products sold hereunderor which Customer has not fully paid the purchase price. If Customer has any outstanding payment obligations under this Agreement, Spillman may accelerate and declare all such obligations of Customer immediately due and payable by ustomer asa liquidated sum and proceed against Customer in any lawful way for satisfaction of s ch sum. The terms of Sections 2.2, 3.2, 5.2, 5.3, 9, 10.3, 11.4, 11.5, 11.6, 11.7, 12.5 and 13 shall s° ive ter ation or expiration of this Agreement. Section 13: Miscellaneous 13.1 Entire Agreement - Amendment. This Agreement, together with its exhibits, which are attached hereto and incorporated herein by reference, constitutes the complete agreement between the parties with respect to the Software and other subject matter hereof. No modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of each party. 8 154 13.2 Assignment. Customer may not assign or transfer this Agreement or any of its rights or duties hereunder to any third party without Spillman's prior written consent. 13.3 Governing Law. This Agreement will be governed by the laws of the state of Washington, not including conflicts of laws provisions. The parties hereby submit to the exclusive jurisdiction and venue of Washington state and federal courts with respect to any action between the parties relating to this Agreement. In any such action, the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees from the other party. 13.4 No Waiver. Any waiver by either party of a default or obligation under this Agreement will be effective only if in writing. Such a waiver does not constitute a waiver of any subsequent breach or default. No failure to exercise any right or power under this Agreement or to insist on strict compliance by the other party will constitute a waiver of the right in e ure to ercise such right or power or to insist on strict compliance. 13.5 Injunctive Relief. Customer will offer written notice prior to any released confidential information required by law and will give Spillman ample opportunity dispute or give permission for release of confidential information. Customer acknowledges that, in the event of Customer's breach of any of the confidentiality terms or scope of use restrictions in this Agreement, Spillman will not have an adequate remedy in money or damages. Spillman shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request, without the necessity of posting bond, in addition to any other remedies that may be available at law or in equity. 13.6 Limitation of Actions. No action, whether based `' contract, strict liability, or tort, including any action based on negligence, arising out of the performance of services under this Agreement, may be brought by either party more than three (3) years after such cause of action occurred. However, action for nonpayment may be brought within three (3) years the date of the last payment was received by Spillman. 13.7 Notices. An otices required or permitted under this Agreement shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, with proper postage affixed, or sent by cotrmercial overnight delivery service with provisions for a receipt. Notice shall be deemed rkeived on the date of delivery when provided in person, or three days after mailing when provided by mail. 13.8 Seve ra bi l ity. If any term of this Agreement is held to be invalid or void by any court or tribunal of competent jurisdiction, it shall be modified by such court or tribunal to the minimum extent necessary to make it valid and enforceable. If it cannot be so modified, it shall be severed from this Agreement and all the remaining terms of this Agreement shall remain in full force and effect. 13.9 Force Majeure. A party shall be excused from delays or failure to perform its duties, other than payment obligations, to the extent such delays or failures result from acts of nature, riots, war, acts of public enemies, fires, epidemics, labor disputes, or any other causes beyond its reasonable control. The parties will promptly inform and consult with each other as to any of the above causes that in their judgment may or could be the cause of a substantial delay in the performance of this Agreement. Either party may, in its discretion, terminate this Agreement if a 9 155 delay in performance by the other party exceeds or is reasonably expected to exceed six (6) months. 13.10 Export. In the event export of the Software is expressly permitted in writing by Spillman, Customer may only export the Software (including any related materials) as authorized by U.S. law and any other applicable jurisdiction. In particular, the Software may not be exported into any country where such export is prohibited by law, regulation, or governmental order. Spillman desires that Customer be confident that the Software will suit Customer's needs. Although Customer must make that determination, Spillman is prepared to fully discuss the Software with Customer and answer questions. By executing this Agreement, Customer acknowledges that it has been given an adequate opportunity to investigate Customer's computer and Software needs and that based on its examination of the Software, Customer finds the Software to be satisfactory. 10 156 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as set forth below. This Agreement is not effective, and the license of the Software will not commence, until it has been executed by an authorized representative of both Customer and Spillman. Accepted and Approved by: Customer: Signature: Print Name: Title: Date: Spillman Technologies, Inc. Signature: Print Name: Title: Vice President Date: 11 157 Exhibit A Maintenance and Support Agreement This Maintenance and Support Agreement (the "Support Agreement "), dated effective as of the date this Agreement is signed by both parties below, is by and between Spillman Technologies, Inc. ( "Spillman ") and Tukwila Police Department ( "Customer "). In connection with the Purchase and License Agreement between the parties (the "License Agreement "), Customer desires to purchase from Spillman certain maintenance and support services for the Software. All capitalized terms used and not otherwise defined herein shall have the meanings set forth in the License Agreement. In consideration of the mutual agreements set forth herein, the suff cy o ich is hereby acknowledged, the parties agree as follows: Section 1: Definitions 1.1 Coverage Hours. The hours between 8:00 a.m. and 5. p. Moun Ti -, Monday through Friday, excluding regularly scheduled holidays of Spi 1.2 Enhancement. Any modification or addition that, changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction. Spillman may designate Enhancements as minor or major, depending on Spillman's assessment of their value and of the function added to the preexisting Software. when made or added to the Software, 1.3 Error. Any failure of the Software to conform in all material respects to its functional specifications as published from time o time by Spillman, subject to the exceptions set forth in Section 4. 1.4 Error Correction. Eider a software " "modification or addition that, when made or added to the Software, establishes material conformity of the Software to the functional specifications, or a procedure or routine that, when observed in the regular operation of the Software, eliminates the practical adverse effect on Customer of such nonconformity. Error Correction services are subject to the exc " „tions set forth in Section 4. 1.5 Releases. New rsions`of the Software, including all Error Corrections and Enhancements. 1.6 Response Time. Six (6) or less Coverage Hours, from the time Customer first notifies Spillman of an Error until Spillman initiates work toward development of an Error Correction. 1.7 Support Term. The Initial Support Term together with all renewal terms of this Agreement. The Initial Support Term will be for the twelve (12) month period of the Warranty Period, as defined in Section 11.1 of the License Agreement. Thereafter, the Support Term shall automatically renew for successive periods of one year each, unless and until terminated pursuant to Section 8 hereof. In no event, however, shall the Support Term extend beyond the term of the License Agreement. 12 158 Section 2: Eligibility For Support 2.1 Spillman's obligation to provide the support and maintenance services described in this Support Agreement with respect to the Software may be terminated pursuant to Section 8.2.2 or suspended, at Spillman's discretion, if at any time during the term of this Support Agreement any of the following requirements are not met: 2.1.1 The License Agreement must remain valid and in effect at all times; 2.1.2 The Software must be operated on a hardware platform approved by Spillman; and 2.1.3 Customer must be current on payment of maintenance and support fe+ 2.2 Spillman may require Customer to appoint a new Spillman Application Administrator " order to continue receiving support services or increase Customer's support fees, if Spillman reasonably determines that the acting Spillman Application Administrator does not have the training or experience necessary to communicate effectively with Spillman support personnel. Section 3: Scope of Services During the Support Term, Spillman shall rende Coverage Hours: vices w support of the Software, during 3.1 Spillman shall maintain a Support Services Control Center capable of receiving from the Spillman Application Administrator, by teleph e, reports of any software irregularities, and requests for assistance in use of the Software. 3.2 Spillman shall ma' in a' st cap le of rendering support services set forth in this Support Agreement. 3.3 Spillman shall be responsible for using all reasonable diligence in correcting verifiable and reproducible Errors when reported to Spillman in accordance with Spillman's standard reporting procedures. Spillman shall, after verifying that such an Error is present, initiate work within the Response Time in a diligent manner toward development of an Error Correction. Following completion of the Error Correction, Spillman shall provide the Error Correction through a "temporary fix" consisting of sufficient programming and operating instructions to implement the Err Correction, and Spillman shall include the Error Correction in all subsequent Releases of the So are. Spillman supports two (2) versions back from the most recent release version. However, Spillman shall not be responsible for correcting Errors in any version of the Software other than the most recent release. 3.4 Spillman may, from time to time, issue new Releases of the Software to its Customers generally, containing Error Corrections, minor Enhancements, and, in certain instances, if Spillman so elects, major Enhancements. Spillman reserves the right to require additional license fees for major Enhancements. Spillman shall provide Customer with one copy of each new Release, without additional charge. Spillman shall provide reasonable assistance to help Customer install and operate each new Release, provided that such assistance, if required to be provided at Customer's facility, shall be subject to the supplemental charges set forth in Spillman's current Fee Schedule. 13 159 3.5 Spillman shall consider and evaluate the development of Enhancements for the specific use of Customer and shall respond to Customer's requests for additional services pertaining to the Software (including, without limitation, data conversion and report- formatting assistance), provided that such assistance, if agreed to be provided, shall be subject to supplemental charges mutually agreed to in writing by Spillman and Customer. Section 4: Services Not Covered by this Support Agreement The services identified in this section are specifically NOT covered by this Support Agreement. Spillman strongly recommends that Customer secure a separate support agreement wO third party vendors for all non - Spillman products. Spillman may, in its discretion, provide such services to Customer o quest, for an additional fee as the parties may agree in writing. 4.1 Support for any third party products including hardware, or support for hardware failure due to the use of any third party vendor products. Spillman may in its discretion provide first -line support for third party software; if not, Spillman will refer Customer to the vendor of such software for resolution of support issues. 4.2 Any network failures or problems includ routers, connectors, and network software. cabling, communication lines, 4.3 Restoration and /or recovery of data files and /or the operating system. Spillman will, upon request of Customer and subject to its th current fetes for such services, use reasonable efforts to assist Customer in recovering lost d� 4.4 Any breach of warranty, damages to the Software or its database, data corruption, or support issues, security issues, or performance issues arising out of Customer's or a third party's use of the Utilities or any software not specifically licensed by Spillman to Customer for use in connection with the Software. Any assistance provided by Spillman in resolving such problems shall be charged to Customer on a time and materials basis. Additionally, any unauthorized use of the Utilitieg or other software in connection with the Software by Customer (or by a third party with Customer's knowledge) may result, at Spillman's sole option, in voidance of warranties, an increase in the annual maintenance and support fees under this Support Agreement, and /or loss of rights to upgrades under this Support Agreement. 4.5 Any damage to or problems with the Software or its database, data corruption, support issues, security issues; or performance issues arising from Customer's utilization of the "write" feature of the ODBC interface to write to or modify the database in any way. 4.6 Support for Software problems caused by Customer misuse, alteration or damage to the Software or Customer's combining or merging the Software with any hardware or software not supplied by or identified as compatible by Spillman, customizing of programs, accident, neglect, power surge or failure, lightning, operating environment not in conformance with the manufacturer's specifications (for electric power, air quality, humidity or temperature), or third party software or hardware malfunction. 14 160 4.7 Supporting, configuring, maintaining, or upgrading the operating system, including, but not limited to, backups, restores, fixes, and patches. 4.8 Assistance with problems caused by operating system installation, configuration, errors, maintenance or repair, or using incorrect versions of the operating system. 4.9 Onsite service visits to Customer's facility. 4.10 Printers connected to the back of terminals /personal computers (commonly called pass - through printing) or network printers are not supported by Spillman. Section 5: Obligations of Customer 5.1 Customer must maintain and provide, at no cost to Spillman, access to broadband internet connectivity for VPN connection purposes and a Cisco 1811 integrated services router and data set, or equivalent, connected directly to customer's network, with full access to the server (24 hours per day, 7 days per week) that is used with the Licensed Pr :. am as scheduled at a mutually- agreeable time with Customer's IT department. 5.2 A representative of Customer's IT department must be present when any onsite support is provided, as scheduled at a mutually - agreeable time with Cus o er's IT department. Customer agrees that if such representative is not present when the Sillman representative arrives on site, the Spillman representative shall notify an appropriate representative of Customer, if feasible, that there is no Customer IT representative present. If Cust mer's IT representative does not arrive within a reasonable time, no work will be performed and Customer will be charged for all expenses incurred and relating to to visit. 5.3 All communication etween Customer and illman must be in the English language. 5.4 Customer is responsible for providing one or more qualified Spillman Application Administrators as described in Section 6. At least one authorized representative, as specified in Appendix 1, must be available at all times; however, after -hours availability is required only when and if Customer is requesting after -hours support from Spillman. 5.5 Custome 5.6 Customer mus for providing all network and server security. ovide Spillman with information sufficient for Spillman to duplicate the circumstance nder which an Error in the Software became apparent. Section 6: Spillman Application Administrator Requirements 6.1 The designated Spillman Application Administrator must be certified by Spillman within one year of the date of Customer's cutover to live operation of the Software ( "Go- live "). The designated administrator must meet the following requirements in order to certify at the basic level: 6.1.1 Attend and participate in, and successfully pass the final written and practical examinations from the following courses within one hundred twenty (120) days of installation of the Software: 15 161 i. System Introduction — Inquiry, ii. System Introduction — Data Entry & Modification, iii. If applicable, UNIX Fundamentals Training (AIX), iv. Basic System Administration, and v. Spillman training applicable for the Spillman applications used by Customer. 6.1.2 Pass the Basic SAA exam within one year after the agency's Go -live date. 6.2 Customer will be responsible for the costs of such training, including any cu rse fees, travel, and lodging expenses. 6.3 Contact information for the Spillman Application Administrator(s) must be recorded in Appendix 1 of this Support Agreement. Appendix 1 must be signed by an authorized representative of Customer. Changes to the information recorded in Appendix 1 will require that a new Appendix 1 be completed, signed and filed with Spillman. 6.4 Requests for support services received by anyone other than an authorized agency representative as identified in the current Appendix 1 on file with Spillman, will be refused. 6.5 Each designated agency representative must be qualified to address, or have other support resources to address, without the aid of Spillman, all problems relating to hardware, software, or operating system not directly associated with the Software.‘""` Section 7: Fees and Charges 7.1 Customer shall pay Spillman the Support Fee, as set forth in Exhibit B: Purchased Products and Services, and any other charges or fees described herein. Spillman reserves the right to change its Support Fee, effective upon no Less than 90 days prior written notice to Customer. Second -year level support fees, as referenced in Exhibit B: Purchased Products and Services, are charged beginning the day after the end of the Initial Support Term, as defined in Section 1.7. Additionally, adjustments to Support Fees may result from changes in (1) software prices, (2) number of software modules used, (3) an increase in Customer's size (as further described in Section 7.6) , (4) computer hardware, (5) Coverage Hours selected by Customer, or (6) violation of the restrictions set forth in Section 4.4 of this Support Agreement. 7.2 Spillman shall invoice Customer for annual Support Fees at the beginning of each contract year. In the event that additional billable work is performed, all billable charges and expenses will be invoiced to Customer at the beginning of the month following the month in which they accrued or were incurred. Customer shall pay the invoiced amounts immediately upon receipt of such invoices. Any amount not paid within thirty (30) days after the invoice date shall bear interest at the rate of eighteen (18) percent per year or the highest rate allowed by applicable law, whichever is less. 7.3 Customer shall be responsible for and agrees to pay the fees and charges incurred for procuring, installing, and maintaining all equipment, telephone lines, modems, communications interfaces, networks, and other products necessary to operate the Licensed Software. 16 162 7.4 Customer agrees to pay additional charges according to the Spillman Fee Schedule for all work required by Customer and performed outside of Coverage Hours. These charges are applicable for any work performed outside of the Coverage Hours, upon customer request, REGARDLESS OF THE CAUSE, even if the requested work was reported and /or initiated during normal Coverage Hours. 7.5 Should Customer request onsite support services, Customer shall reimburse Spillman for all labor, travel, and related expenses incurred by Spillman in providing such support services. 7.6 Additional Support Fees may be required by Spillman if there is a significant increase in Customer's size with respect to use of the Software. An increase in size may arise either out of Customer's internal growth or out of a Host Agency /Shared Agencylrtangement as described in Section 4.4 of the License Agreement, if applicable. Relevant factors include number of employees, number of dispatchers and /or number of jail beds. Payment of such additional Support Fees is due within one hundred and twenty (120) days of the date of the invoice for such fees. Such fees will be prorated, based upon the date during the contract year the increase in Customer's size occurred. Section 8: Termination 8.1 This Support Agreement shall automat License Agreement for any reason. ately upon termination of the 8.2 Either party may terminate this Sup •r eemeht as follows: 8 . 2 . 1 If either Spillman or Customer provides a written notice to the other party, at least 90 days prior to the end of the then - current Support Term, of its intent to terminate this Support Agreement at the end of such Support Term; or 8.2.2 Upon 30 days prior written otice, if the other party has materially breached any provision of this Support Agreement and the offending party has not cured such breach within the 30- danotice period. 8.3 Following termination of this Support Agreement, Spillman shall immediately invoice Customer for all accrued fees, charges, and reimbursable expenses; and Customer shall pay the invoiced amount immediately upon receipt of such invoice. Section 9z Gene 9.1 The terms of Section 11: Limited Warranty and Limitation of Liability; Indemnification and Section 13: Miscellaneous of the License Agreement are hereby incorporated into this Support Agreement by reference. 17 163 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as set forth below. Customer: Signature: Print Name: Title: Date: Spillman Technologies, Inc. Signature: Print Name: Title: Date: 18 164 Appendix 1 Authorized Agency Technical Representative(s) Contact Information See Section 6 of the Support Agreement for a description of representative responsibilities and authorized activities, including authorization for system changes and operation. Name: Work Phone: Cell Phone: Email: 19 165 Exhibit B Purchased Products and Services # of user Price per Module Price licenses additional included in price user license System Core (Master Tables) Imaging GIS Records Management System Traffic Information Pin Mapping Comparative Statistics (CompStat) Vehicle Impound Sex Offender Tracking Mobile Records $61,409 $18,896 $0 $37,789 $0 1 $ 0 33 1 1 1 $0 $0 $0 $0 $0 $0 $0 $ 438 Mobile State and National Q es Mobile Automated Field Report Driver License Scan Personnel Management Equipment Maintenance 1 $0 4,438 1 $0 $18,896 $5,670 $11,338 $9,448 1 1 1 1 $0 $0 $0 $0 Inventory Management $5,670 1 $0 Total Price for Required Modules $278,276 20 166 Check if Existing Interface Price Interface # of Price per licenses additional license IBR Reporting Interface $22,675 1 $0 Spillman Touch (Smartphone and Tablet Interface) ►5 $18,896 1 $0 StateLink (WACIC /ACCESS Interface) Spillman InSight (External System Queries Interface) XML Accidents and Citations (SECTOR Interface) CopLogic Interface LInX Data Warehouse Interface Tiburon CAD to Spillman RMS Interface Spillman Analytics ►5 $22,675 1 $0 $5,600 CrimeMonitor Interface XML Law (FileOnQ Interface) $11,338 1 Year Annual Subscription 1 Year Annual Subscription 1 $0 Total Price for Req ed Interfaces $145,457 Legacy System Price Description Justice RMS including related files Training Officer 2000 database Data Conversion Data Conversion Total Price for Required Interfaces $47,650 Project Management Total price for implementation project management $24,875 Total price for software and hardware installation $4,975 Total price for travel and per diem Included Total Price for Implementation Services $29,850 21 167 Training Services Total price for administrative training Included Total price for end user training $59,700 Total price for Go -live assistance Total travel and per diem estimate Total Price for Training Services Included Include Unit Price Quantity Extended Price Cisco Router 1 Total Price for Hardware $950 $950 Support Standard 24/7 Business Hours Support First -year support (12 months)„ Second-year suppo $0 $46,608 $247.50 /Hour $247.50 /Hour 'Second -year support is estimated for planning purposes and is not included in this purchase. Prepaid Services # of Units Price Annual User's Conference 2 Attendees $1,800 22 168 Inclusions Price Total Software /Interfaces $423,733 Total Data Conversion $47,650 Total Professional Services $89,550 Total Hardware Total Support (first year included $950 Prepaid Services T I Taxe Payment Term: Tukwila Police Department desires to spread payment out over their 2016 and 2017 budget cycles. Spillman's project manager will work with Tukwila to identify a mutually agreeable implementation schedule, so that payments fall within the appropriate budget cycles. $58,324 $622,007 Payment Milestones Payment % Payment $ Due upon contract signing 20 $124,401.40 Completion of Pre - implementation Meeting 10 $62,200.70 Approval of formal project implementation schedule 10 $62,200.70 Installation of Spillman application software 10 $62,200.70 Completion of Project team training 20 $124,401.40 Completion of end user software training 20 $124,401.40 Completion of Go -live 10 $62,200.70 Total Paid 100 $622,007 23 169 Exhibit C Existing Interfaces - Technical Product Documents The following interfaces are included as part of the Software licensed to Customer. • CopLogic Interface • Automated Export Utility (Linx Data Warehouse Interface) • Tiburon CAD to Spillman RMS • Washington StateLink • XML Law • XML Accidents and Citations (SECTOR Interface Spillman reserves the right to modify the functionality ,• e Sof . re (inching its interfaces) from time to time as it updates the Software. 24 170 CopLogic XML Law Interface Technical Product Description Description This interface allows CopLogic to send law incident data to the Spillman Database. When a law incident record in CopLogic is created or modified, CopLogic will generate an XML document containing the information and send it over a socket connection to Spillman to add or modify the record on the Spillman Law Incident table. Requirements General This interface uses the DEx webapp. CopLogic pushes their data over to Spillman via a socket connection. DEx will be setup to accept incoming connections from CopLogic. This interface will work on all Spillman- supported operating systems. Hardware No specific hardware requirements. Software CopLogic Spillman 4.6 or higher. Documentation No documentation is available Training No training is availa User Information To create Spillman records, the interface receives XML data from the third -party software and imports it to the designated Spillman data fields. If fields in the third -party software are not mapped to the Spillman software, then the information in the third -party fields can be included in the Comments field in the Spillman record. This is accomplished through the third -party software by including unmapped information in the comments XML tag of the XML file. SAA Information The SAA will work with the Spillman Installation System Engineer to setup and configure this interface. Maintenance Information Annual maintenance is required. 25 171 Automated Export Utility (Linz Data Warehouse Interface) Technical Product Description Description The Automated Export Utility was developed to give agencies the ability to export data from their database automatically and in a granular fashion. The export is highly definable by the SAA (Spillman Applications Administrator) in terms of tables, fields and even data in those fields to include or exclude in the export. The SAA also determines the location on the Spillman server or SFTP server to which the text files are exported. Once the files have been sent to the designated locati ey are available for pickup by a third party or other application utilizing the data. The Automated Export Utility was developed specifically for data warehousing. As such, it does not just send data from the last export; rather it exports all records in the tables defined in the export configuration and saves them in a specified directory, replacing the files from the last export. Therefore, it only stores the newest files from the most current export. The Export Utility is set to a cron timer which is configured to run the export however frequent is needed. There are several data warehouse companies utilizing to Automated Export tility and a specific export configuration has been saved for these specific com rues. The names of thos companies or programs are: RAIN, LINX, and CopLink. Requirements General • A general understanding of delimited text files and .tar files is helpful if an agency is going to use the Export Utility for general use. If the RAIN, LINX, or CopLogic Interface(s) are purchased, a Spillman Installations Technician will install the Export Utility with the specific configuration for the purchased program. To configure the Automated Export Utility, a text file is modified which stores all the settings for the export. There is no user interface. An SAA must be comfortable modifying text files 'lh the appropriate syntax to operate the Automated Export Utility • A certification is 'highly recommended. . A UNIX or Windows cron will need to be set up which controls when the Export Utility runs. This requires the training and a technical understanding of a certified SAA. If one of the before mentioned programs is purchased, the Spillman Installation Technician will set up the Cron. Har e • Standard Spillman Hardware requirements apply. No new hardware is needed for the Automated Export Utility to function. • The Export Utility is supported on both a Windows and UNIX server. Software • Spillman Version 4.6 +. Note: Photos can be exported in version 4.6 but is not available for version 6.1 +. 26 172 • Automated Export Utility must be purchased and installed on the Spillman Server. Documentation • Automated Export Utility Configuration Set Up - This document explains how to modify the configuration file to manage what information is exported from the Spillman database. Training • No training is available for the Automated Export Utility. SAA Information Below is an overview of the granularity of the configuration file setting p the e 1. Configuration File Location - The SAA has two options for storing the configuration file which tells the Export Utility what data to dump out. never be saved by an editor that doesn't preserve long lines. For example the Spillman Summit editor or wemacs doesn't preserve long lines. 1.2. An apparam Entry - Create a new apparam record. Use descriptive and unique names for the Name and Description. Then in the Value field, copy and paste a complete valid configuration file. From that point on, the SAA can manage or modify the export utility through apparam and the Summit editor like other Spillman configuration items. Using the Summit editor to modify the configuration can be done but because it doesn't preserve long lines, the lines will need to be broken on word boundaries and make sure that leading whitespace is entered to show lines are continuing from one physical line to another. If the Summit editor won't allow entering a leading space on a line, then just hit 'space' until the spaces from the previous line spill down onto the next line, pushing the words over so they appear with a leading s 2. Global S 2.1. o bleName HeaderLine - Show or not show table name. 1.1. Text file on the file system - If this route is chosen, then the configurati on fi e can 2.2. LineEndingTransformation - Allows the SAA to determine the characters used for new lines or linefeeds. If the program picking up the text file is using SQL or HTML or whatever other program to use the text files, the line breaks or linefeeds will already be in place. 2.3. DefaultDelimiter - Chose a default delimiter. If this parameter is set, a delimiter for each table without a specified delimiter will use this delimiter. 2.4. VerboseLogging - Used for debugging purposes if more detail is needed the default logging settings. 2.5. DontSendMail - Turns of emailing when Export Utility runs. 2.6. MailMessageReceivers - Lists the users who should receive email every time the export runs. 2.7. SetPriority - Sets the priority of processing the export. For one CPU systems or small CPU systems, this allows the system to run the export when other higher priority processes are done being processed. 27 173 174 2.8. ConfidentialityStartMarker - Allows SAA to exclude information from a Spillman text field. 2.9. ConfidentialityEndMarker - Allows SAA to exclude information from a Spillman text field. 2.10. ConfidentialityReplacementStatement - Allows SAA to put a statement in place of confidential information redacted from section 2.8 and 2.9. 2.11. UseIndex - Allows to dump records out using an index value. 3. Table Set Up 3.1. Table - Chose table. 3.2. Fields - Chose fields. 3.3. Delimiter - Chose a delimiter 3.4. Export - Specify the directory path and name of file 3.5. SystemName - Name of the specific export. This allows tiple exports to distinguish between them. 3.6. Debug - Causes the system to notify the mailreceiver en an n ept /rej occurs. 3.7. Filtering - Set up rules using 'Regular Expressi me or ex' e data from the export. 4. File Management & Transfer Settings 4.1. PostCommand - Additional text scrubbin u e done or gzip commands to reduce the size of the files. 4.2. DataFileSourcelnfo - Specifies which files to put into the data tar file. 4.3. DataTarFileName - Name the tar file. 4.4. ImageTarFileName - Name of tar file where images will be stored. This is only a feature of Spillman version 4.6. 4.5. FileTransferCommand - Command to execute a transfer of the files to another system, ex. SFTP. The information contained in this document is proprietary to Spillman Technologies, Inc. of Salt Lake City, Utah. Any functionality or service not explicitly covered in this document is not implied. SUMMIT®and SPILLMAN ®are registered trademarks of Spillman Technologies, Inc. All other brand or product names are trademarks or registered trademarks of their respective holders. (c) 2007 Spillman Technologies, Inc. All rights reserved. 28 Tiburon CAD Interface Technical Product Description Description The Tiburon CAD Interface imports Tiburon CAD records into the Spillman RMS via File Transfer Protocol (FTP). File transfer can be initiated either from Tiburon or configured to retrieve the files from an FTP /SFTP server. This is not a CAD 2 CAD interface. Requirements General Tiburon CAD Interface will work with Windows, AIX, and L set . and configured requires no special requirements. Hardware No specialized hardware is needed aside from the se be using the Tiburon CAD software. Software • Spillman 6.2 and higher. Documentation • PMD from Accelerant is ava Training No training available. User Information When the record is i and make updates as Tiburon it will create a Law record in Spillman. Users can then go in Maintenance Information Any support and maintenance services, updates, versions, or new releases shall be contracted under a separ agreement betwe ccelerant Group and Client. These services are limited to the following: • Updates required' 'o accommodate new data structures in the Tiburon or Spillman systems 29 175 Washington StateLink Technical Product Description StateLink Version: 1.0 and 2.0 Executable: wapi.jar (Jar) ** *More than on PI? Protocol: TCP /IP, 3780 Bisync/Telamon Operating System: AIX, Linux, Windows Interface Standard: specific to Washington Delivery Package: Installation Package available NCIC 2000 Standard: Yes. Displays Images in Returns: Photos Voice: 1.0 - Yes, 2.0 - No Highlight: 1.0 - Yes, 2.0 - No Form Population: 1.0 - Yes, 2.0 - No *For transactions available for Whitcom, see WASHINGTO * Note that StateLink 1.0 and 2.0 are installed as a full s. �ion state is ready for Spillman to write an entire 2.0 Stat The Washington PI allows you to send transacti from the Washington transactions available from Mobile s will be the case until the are and from Mobile. State queries available rom Mobile • Boat Registration queries • Stolen Boat queries • Driver's License queries (produces photo responses) Stolen Vehicle queries • Gun queries • Vehicle Registration queries • n Article queries • Wanted Person queries Washington transactions available from the Spillman software Transaction type cal queries available from Mobile • Boat querie • Property queries • Name queries • Vehicle queries Washington transactions available from the Spillman software Transaction type Screen command line access Screen name Message key(s) sent Administrative AM Administrative Messages AM FREE Free Form FREE SM System Memo AM SMF System Memo Format FREE1 YQ Hit Confirmation Request YQ 30 176 Transaction type Screen command line access Screen name Message key(s) sent YR Hit Confirmation Response YR NDN NIC's Denial NDN NDO NIC's Denial Overturn NDO NICS NIC's Immigration Alien Query IAQ NLN NIC's Delayed Notification & Proceed Notification NLN, SM System Memo AM SMA System Memo AM SMF System Memo Free Format Articles CA Clear Article EA Enter Article LA Locate Article MA Modify Article Query Article. FREE1 CAA, CAS, CAR, CAP EAS, EAR, EAP, EASN, EAAN ,LAA MAA, MAS, MAR, MAP QA Washington transactions available from the Spillman software (continued Screen Transaction command type line access Screen name Message key(s) sent XA Cancel Article XAA, XAP, XAR, XAS Boats Boat Safe BC Education BC Clear Boat' CBS er Boat EBS, EBS1, EBSA, EBSF, EBSP Locate Boat LBS Modify Boat Query Boat MBS B, BH, BQ BR Cancel Boat Query by Boater Education Card Number XBS BC Query by Boater's Name and DOB BI CLIF EC Enter CLIF EAL, EALS, EBL, EBLS, EVL, EVLS Criminal History QH QI QR Query History Query State ID Rap Sheet QH, QWH QI QR 31 177 Transaction type Screen command line access Screen name Message key(s) sent ESKA Enter Sex /Kidnap Address Change ESKA Detainer EDW Enter Detainer EDW EDW Cancel Detainer XDW Driver's License Gangs DQ Query Driver's License DW, QW, QWH, QWO, W, DQ Photo DQCAD Washington Sate Crime Information Center (WACIC) Driver License Inquiry from CAD QWH, QR, W, QR, QH, D, DQ, FN, K, P, CF, QPO, DQ Photo KQ Query Driver's History K, KQ NMCAD QN Guns Missing Pers `s CG EG LG MG EN Query Driver's Licen rom CAD Query Gang Clear G un Modify Gun Query Gun D, DQ, DW Q CGS, CGM, CGF, CGP, CGR EGF, EGFP, EGS, EGSP, EGM, EGMP, EGP, EGR LGF, LGS, LGM MGF, MGS, MGM, MGP, MGR QG, F Cancel Gun XGF, XGP, XGM, XGR, XGS 'Clear Missing Person CM Enter Missing Person Enter Supplemental Data EMD, EMDC, EME, EMEC, EMI, EMIC, EMJ, EMJC, EMO, EMDC, EMV, EMVC EMN, EN, XMN, XN, XUN LM Locate Missing Person LM MM Modify Missing Person MM Washington transactions available from the Spillman software (continued Transaction type Screen command line access Screen name Message key(s) sent Missing Persons QNP Query Missing Person (Federal CF, D, DQ, FN, GV, K, P, 32 178 Transaction type Screen command line access Screen name Message key(s) sent (continued) & State Fire License can be queried on) QH, QN, QPO, QR, QWH, W, QNP QP Query Missing Person CF, D, DQ FN, K, P, QH, QN, QNP, QPO, QR, QWH, W, DQ Photo CP Canadian Person Query UQ, WQ ,. XM Cancel Missing Person XM, XMA Protective Order ER MR Enter Protective Order Modify Protective Order EO, EPOC MPO MI Modify Person of Interest XI Cancel Person of Intere Person of Interest Restraining Order /Protection Securities EI SR Enter Person of Interest Serve Protection Ord XR CS MIP XIP Cancel Protection Order Clear Security ES Enter Securi LS MS Locate Security Modify Security EIP, EIPC XPO CSM, CSSM ESM, ESSM LSM, LSSM MSM, MSSM QS Query Security QS, S XS Cancel Security XSM, XSSM Stolen Vehicles Clear Vehicle CVI, CVS, CVW Cara dian Vehicle Query 64 lear License Stolen XQ, VQ CLS Enter Vehicle EP Enter Part EVI, EVIP, EVR, EVS, EVSA, EVSF, EVSP, EVW, EVWA, EVWF, EVWP EPP, EPR, EPS, EPSP V Locate Vehicle LVS, LVW MV Modify Vehicle MVI, MVIP, MVR, MVS, MVW Query Vehicle QVC, RQ, RV, QV VHCAD Query Vehicle License from CAD QL, RQ, RV XV Cancel Vehicle XVI, XVIP, XVR, XVS, XVW 33 179 Washington transactions available from the Spillman software (continued Transaction type Screen command line access Screen name Message key(s) sent Stolen License EL Plate Enter License Stolen LLS ML XLS Abandon /Sold AV Vehicle Locate License Stolen Modify License Stolen Vehicle Registration Warrants State Index Displa RQ RQCAD CW EW LW MW QW; XW DP DP DP DP P State Index Display Cancel License Stolen Query Abandon or Sold Vehicle Query Vehicle Restraton CAD Vehicle Reg_ Inquiry Clear Warrant Locate Warra ELS, ELSA, ELSF, ELSP, MLSA, MLSF, MLSP, LLS, LLSA, LLSF, LLSP, LLSF, CLS, C A, CLSF, CLSP, XLS, XL LSF, XLSP LLS MLS XLS QV, RQ, RV Q ,QVC, RQ, RV CTF, CWF, CWJ, CWW EWF, EWFC, ETF, ETFC, EWW, EWWC, EWJ, EWJC, EN, ENS, ENW, EDW LTF, LWF, LWJ, LWW odify Warrant MTF, MWF, MWJ, MWW Query Warrant C DW, QW, QWH, QWO, W cel Warrant XTF, XWF, XWJ, XWW Query Index QDP Enter Index EDP Modify Index MDP Query Supplemental Index SDP Cancel Index XDP System Message Sm430 System Message 430 AM 34 180 XML Law Interface Technical Product Description Description Part of Spillman's XML Interface System includes the Law Incident Interface. The Law Incident Interface allows agencies to easily populate information from third -party software applications into the Spillman database. The interface allows information from third -party software to send law incident data to the Spillman Database. Upon completing the information in the third -party software, the interface will generate an XML document containing the information, and import the data into the Spillman database. When a law incident record is created or modified in the third -party software, the interface will add or modify a record in the Spillman Database. There are two methods for the third -party software to transfer the XM . • ata t 1. XML file drop from third -party software a. The correctly formatted XML file is placed in a fol • The Spillman server must have access to read and. delete X s from the directory. b. A script launched by a cron job loads the file into the Spillman XML Import Interface. c. No success /fail message is sent; instead the following occurs: • Successfully sent files are deleted from the folder. • Unsuccessfully sent files are left in the folder. 2. Socket Connection from third -party softwar a. The third -party software makes a soc nt connection to the Spillman Interface. • T e AP for the socket connection is available upon request. b. The third -party sends the correctly formatted XML file across the socket connection. c. The Spillman Interface replies with a success /fail message as well as the unique key of the records that were added or updated. The method of transfer is determined by the third -party vendor and the agency and then the method which was chosen is comma; icated to Spillman so that the installation of the interface can be configured. Note: The rmat for the interface is available upon request. Requirements General • General requirements for using the third -party software and interface apply. • General requirements for Spillman software apply. • Supported server OS platforms: UNIX, Linux, or Windows 35 181 Hardware • Hardware requirements for using the third -party software and interface apply. • Hardware requirements for Spillman software apply. Software • Software requirements for using the third -party software and interface apply. • Software requirements for Spillman software apply. • Either transfer method: - Socket connection between the third -party software and the - XML file drop in a folder that the Spillman server Documentation • There is an XML Interface System Support Package "available to third p- ties for development purposes. This is available through the customer's Spillman Account Manager. Training • No training available User Information To create Spillman records, the interface receives XML data from the third -party software and imports it to the designated Spillman data fields. If fields in the third -party software are not mapped to the Spillman software, the information in the third -party fields can be included in the Comments field in the Spillman record. This is accomplished through the third -party software by including unmapped information in the comments XML tag of the XML file. Creating records from accident or citation /warning data When the interface receives a data transfer for an accident or citation /warning from the third -party software, it searches the appropriate Accident Number, Citation Number or Warning Number field in the database for matching numbers. If the interface finds a matching number, it updates the existing record with the information from the third -party XML record. If a matching number does not exist, a new record is created in the appropriate table using the logic as follows: 36 182 No record created Log error Blank Law Incident Interface z Compare number Match • Use matching record Use record" indicates that records are updated as per "Trust the Forms" settings (on /off) No match, proper Temp ID, bad value, or bad Temp ID format No match, bad value, or bad templD format New record using value provided proper Temp ID • New record using Spillman synxtids generated value It then searches the appropriate Spillman Name or Vehicle table for matching data using the Spillman duplicate searching logic as follows: No record created Log error Vehicle Record • Blank New record Blank No match, j proper templD(),' bad value, or bad templDo format Compare VIN Match Use first matching record, Return all matches No match or blank FMatch Match Blank —■ No match Blank No record created Log error Blank Not blank • Not blank* New record 37 183 Blank■ No record created Log error Blank Use original de -dup rule First or last blank, both blank, ompar Names - last, first, & middle initial No match, proper templD(), bad value, or bad templD() format Original de -dup rule is New record" Try Phase II de -dup last & first match, middle initial not a mismatch Match • Use first matching record, Return all matches No match or blank No match or blank Blank Original de -dup rule is "No record created Log error" Try Phase II de -dup No match Blank 1 —Matc ", " Not blan Not blank Original de -dup rule is "New record" Try Phase II de -dup Compare street, city, tate, & ZIP Mismatch or blank Phase I de -dub rule is " ew Recor." No exact match Use first matching record, Return all matches Valid DOB o phone Both sets blank Match city and state not blank New Record Log error Valid ► New record +DOB or phone 4 Valid zip No record created Log error street not blank Both blank Blank The interface then links the law incident to the new or existing Spillman Name or Vehicle record. The "Trust the Form" option is what tells the interface what data to keep as the information of record. If there is data in the Spillman field and the third -party data does not match, this option determines which data is stored in the field and which data is recorded in the comments field. 1. "Trust the Form" option OFF: a. If a Spillman field contains data, and the XML file contains different data, i. The data from the corresponding third -party field will be documented in the comments field. 38 184 ii. If a Spillman field is blank, the interface enters the data from the corresponding third -party field into the blank Spillman field. 2. "Trust the Form" option ON: a. If a Spillman field contains data and the XML file contains different data. i. The data from the Spillman field will be moved to the comments field. ii. The data from the corresponding third -party field wil data in the Spillman field. b. If a Spillman field is blank the interface enters the data f party field into the blank Spillman field. eplace the existing the corresponding third- Note: Name records nmhistory and Vehicle records vhm information he appropriate If the software finds more than one matching record, the software assumes primary record and that any other records are duplicates. When duplicates updates the first matching record it finds and makes a log entry containing matching records. If the third -party is connected using a socket con lion, matching Name records is also sent with the success /fail message. SAA Information Setting up the third -party Interface Before you can use Spillman s law incidents Interface, you must: • Have a server to run the Spillman software. • Have the third -party software installed. • Determine if the "Trust the Form" option will be on or off. • File drop method: et up a directory in which the third -party software can deposit the XML data. pillman server must have read and delete access to the files. The agency is responsible for network connectivity between the Spillman server and the third -party computer. • The agency is responsible for the transfer of the file to the directory whether by FTP, direct access writes, etc. - A cron or a scheduled task that runs the data transfer script. ■ Spillman Technologies recommends that you set up a cron or scheduled task entry that runs the data transfer scripts on a regular basis, such as once a day, depending on your agency's needs. that the first record is the are found, the software the list of potential the list of potential • Socket connection method: - Determine the socket connection port to utilize (default 9999). 39 185 • The agency is responsible for providing network security for that port. ■ The agency is responsible for network connectivity between the Spillman server and the third -party computer. The third -party must be able to make a valid socket connection and send the XML data correctly formatted to one of the Spillman XML Import Interfaces. The Spillman Installation or the Spillman Support department set up the XML server for the interface using the port and "Trust the Form" option setting selected above. Maintaining the third -party Interface After the interface transfers the data from the third -party software to the Spillman software, a use SAA should perform the following tasks: • Validate the data transferred to the Spillman tables, and add any additional information that is necessary. • Review the log file. The log file provides information on the status of the d transfer. If you find any errors, contact Spillman Customer Suppor „ or help with correcting them. You can set up the software to send an email message to notify users when errors occur. Use the MAILADM environment variable to determine who is notified &out errors. • Delete or back up the log file after making corrections. If 34 do not delete or back up the log file, it becomes increasingly large. The Spillman Installation departure erfo the i 1 se p and installation of Spillman's Field -based Reporting Interfaces. However mi nee sta nd stop the interface for maintenance and troubleshooting. Use dstart a stop or th e nager screens (sydaemon and sydgmg) to start and stop the interface. Setting the MAILADM environment variable The MAILADM environment variable determines who receives email notification of errors that occur when information is transferred from the third -party interface to the Spillman software. When setting the MAILADM environment variable, use commas to separate the email addresses. ting up the interface on the Spillman server Fo the directions given in the Tomcat Application Manager Support Package to ensure the appr ' to W files are deployed for the Law Incident Interface. Implementation Task List 1. Install or be upgraded to Summit 4.6 or greater. 2. Deploy WAR files for Law Incident Interface. Call Spillman Support for assistance if assistance is needed. 3. Third party develops interface and tests with Spillman's test server. Specifications for the test server are available in the Support Package for third parties. 40 186 4. Upon test completion, interface is deployed live at Spillman site for go live and any additional testing. Maintenance Information The XML Interface System has little maintenance. The deployment and starting and stopping of the specific interfaces within the Interface System are handled at the file layer. The XML Interface does not need to be started and stopped if an error occurs. The specified WAR file for the Law Incident Interface will just need to be stopped and restarted, in some cases redeployed, if an error occurs. If there are additional problems, Spillman Support will need to be contacted for assistance. The information contained in this document is proprietary to Spillman Technologies, Inc. of Salt Lake City, Utah. Any functionality or service not explicitly covered in this document is not implied. SUMMIT® and SPILLMAN ®are'registered trademarks of Spillman Technologies, Inc. All other brand or product names are trademarks or registered emarks of their respective holders. (c) 2008 Spillman Technologies, Inc. All rights reserved. 41 187 XML Accidents and Citations (SECTOR Interface) Technical Product Description Description Spillman's Accidents and Citations Interfaces allow agencies to easily populate information from third - party software applications into the Spillman database. Officers working in the field can use third -party software to record accident and /or citation data. Upon completing the information in the third party software, the interface will generate an XML document containing the information and import the data into the Spillman database. Each time a user creates an accident or citation /warning record in the third - can be configured to create the following in the Spillman software: • Accident Forms Interface - A new or updated Accident record the interfaces - New Name records with system involveme or sys ° involy n s between the Accident record and existing Name records - New Vehicle records with system involvements, or sytem in •lvements between the Accident record and existing Vehicle records • E- Citations Interface - A new or updated Citatio - A new Name record with a system involvement, or a system involvement between the Citation or Warning record and an existing Name record - A new Vehicle record with a system involvement, or a system involvement between the Citation or Warning record and an existing Vehicle record There are two method r the third - party software to transfer the XML data to the Spillman Server. 3. XML file drop from third party software The correctly formatted XML file is placed in a folder. • The Spillman server must have access to read and delete files from the directory. A script launched by a cron job loads the file into the Spillman XML Import Interface. ccess /fail message is sent; instead the following occurs: • Successfully sent files are deleted from the folder. • Unsuccessfully sent files are left in the folder. 4. Socket Connection from third -party software a. The third -party software makes a socket connection to the Spillman Interface. • The API for the socket connection is available upon request. b. The third -party sends the correctly formatted XML file across the socket connection 42 188 c. The Spillman Interface replies with a success /fail message as well as the unique key of the records that were added or updated. The method of transfer is determined by the third -party vendor and the agency and then the method which was chosen is communicated to Spillman so that the installation of the interface can be configured. Note: The XML file format for each interface (Accident Forms or E- Citations) is available upon request. Requirements General • General requirements for using the third -party software and int • General requirements for Spillman software apply. • Supported server OS platforms: UNIX, Linux, or Windo Hardware • Hardware requirements for using the thir • Hardware requirements for Spillm Software • Software requirements for using the third -party software and interface apply. terface apply. • Software requirements for Spill • Either transfer method: - Socket connection between the 'rd -party software and the SPILLMAN server - XML file drop in a folder that the Spillman server has access to an software apply. Documentation • There is an X ace System Support Package available to third parties for development purposes. Thi available through the Customer Spillman Account Manager. Training o trai g available User Info tion To create Spillman records, the interface receives XML data from the third -party software and imports it to the designated Spillman data fields. If fields in the third -party software are not mapped to the Spillman software, the information in the third -party fields can be included in the Comments field in the Spillman record. This is accomplished through the third -party software by including unmapped information in the comments XML tag of the XML file. Creating records from accident or citation /warning data When the interface receives a data transfer for an accident or citation /warning from the third -party software, it searches the appropriate Accident Number, Citation Number or Warning Number field 43 189 Match • • in the database for matching numbers. If the interface finds a matching number, it updates the existing record with the information from the third -party XML record. If a matching number does not exist, a new record is created in the appropriate table using the logic as follows: No record created Log error Warning /Accident or Citation • Blank Match Use matching record "Use record" indicates that records are updated as per "Trust the Forms" settings (onfoff) No match, proper Temp ID, bad value, or bad Temp ID format No match, Proper , bad value, or Temp ID bad templD format proper Temp I • New record using value provided New record using Spillman synxtids generated value It then searches the appropriate .i1 duplicate searching logic as f lo Vehicl Recor able for matching data using the Spillman No record created Log error New record Blank No record created Log error Blank No match, proper templD(), bad value, or bad templDO format Match Use first matching record, Return all matches No matc or blank 4-Match 44 190 Blank■ No record created Log error 4 Blark No match, proper templDO, — bad value, or bad templD() format Match Use original de -dup rule • First or last plank, both blank, mpar Names - last, first, & middle initial No exact match • last & first match, middle initial not a mismatch New Valid DOB or DOB or phone phone Both sets blank Phase I de -dub rule is " ew Recor." Original de -dup rule is "New record" Try Phase II de -dup Match • Use first matching record, Return all matches No match or blank Not / Blank blank < SSN No matc or blank Blank Original de -dup rule is "No record created Log error" Try Phase II de -dup • Match -No matc Blank Match Not blank Original de -dup rule is "New record" Try Phase II de -dup Compare street, city, tate, & ZIP Use first matching record, Return all matches city and state not blank Mismatc or blank New Record Log error Valid New record 4-DOB or phone 4 Valid zip New Record No record created Log error street not blank Both blank Log error Blank The interface then links the Accident, Citation, or Warning to the new or existing Spillman Name or Vehicle record. The "Trust the Form" option is what tells the interface what data to keep as the information of record. If there is data in the Spillman field and the third -party data does not match, this option determines which data is stored in the field and which data is recorded in the comments field. 3. Trust the form option OFF: a. If a Spillman field contains data, and the XML file contains different data, 45 191 i. The data from the corresponding third -party field will be documented in the comments field ii. If a Spillman field is blank, the interface enters the data from the corresponding third -party field into the blank Spillman field 4. Trust the form option ON: a. If a Spillman field contains data and the XML file contains different data i. The data from the Spillman field will be moved to the ments field. ii. The data from the corresponding third -party fi '11 repl the existing data in the Spillman field. b. If a Spillman field is blank the interface enters party field into the blank Spillman field. from the corresponding third- Note: Name records nmhistory and Vehicle records vhmhist are updated with the appropriate information If the software finds more than one matching record, the software assumes that the first record is the primary record and that any other records are duplicates. When duplicates are found, the software updates the first matching record it finds and makes a log entry containing the list of potential matching records. If the third -party is connected using a socket connection, the list of potential matching Name records is also sent with the success /fail message. SAA Information Setting up the third -party Interface Before you can use Spillman's Accidents and Citations Interfaces, you must: • Have a server to run the Spillman software. • Have the third -party software installed. etermine if the "Trust the Form" option will be on or off. ile drop method: Sep a directory in which the third -party software can deposit the XML data. ■ The Spillman server must have read and delete access to the files • The agency is responsible for network connectivity between the Spillman server and the third party computer • The agency is responsible for the transfer of the file to the directory whether by FTP, direct access writes, etc. - A cron or scheduled task that runs the data transfer script 46 192 • Spillman Technologies recommends that you set up a cron or scheduled task that runs the data transfer scripts on a regular basis, such as once a day, depending on your agency's needs • Socket connection method: - Determine the socket connection port to utilize (default 9999) • The agency is responsible for providing network security for that port • The agency is responsible for network connectivity between the Spillman server and the third -party computer - The third -party must be able to make a valid socket connect' and se the XML data correctly formatted to one of the Spillman XML Import Inter The Spillman Installation or the Spillman Support department set up the XML server for the interface using the port and "Trust the Form" option setting selected abc e. Maintaining the third -party Interface After the interface transfers the data from the third -party software to the Spillman software, a user or SAA should perform the following tasks: • Validate the data transferred to the illmart'tab1s, and a' d any additional information that is necessary. • Review the log file. The log file provides inf matt the status of the data transfer. If you find any errors, contact Spillman Customer Support for help with correcting them. You can set up the software to send an email message to notify users when errors occur. Use the MAILADM environment variable to determine who is notified about errors. • Delete or back up the log file after making corrections. If you do not delete or back up the log file, it becomes increasingly large. The Spillman f stallation department performs the initial setup and installation of Spillman's Field -based Reporting Interfaces. However, you might need to start and stop the interface for maintenance and troubleshooting. Use dstart and d op or the Daemon Manager screens (sydaemon and sydgmg) to start and stop the interface. Setting the MAILADM environment variable The MAILADM environment variable determines who receives email notification of errors that occur when information is transferred from the third -party interface to the Spillman software. When setting the MAILADM environment variable, use commas to separate the email addresses. Setting up the interface on the Spillman server Follow the directions given in the Tomcat Application Manager to ensure the appropriate WAR files are deployed for the Accidents and Citations Interfaces. 47 193 Implementation Task List 1. Install or be upgraded to Summit 4.6 or greater. 2. Deploy WAR files for Accidents and Citations. Call Spillman Support for assistance if assistance is needed. 3. Third party develops interface and tests with Spillman s test server. Specifications for the test server are available in the Support Package for third parties. 4. Upon test completion, interface is deployed live at Spillman site for go live and any additional testing. Maintenance Information The XML Interface System has little maintenance. The deployment and starting and stopping o! the specific interfaces within the Interface System are handled at the file layer. The XML Interface does not need to be started and stopped if an error occurs. The specified WAR file for Accidents or Citations will just need to be stopped and restarted, in some cases redeployed. If there amore additional problems, Spillman Support will need to be contacted for assistan The information contained in this document is proprietary to Spillman Technologies, Inc. of Salt Lake City, Utah. Any functionality or service not explicitly covered in this document is not implied. SUMMIT" and SPILLMAN® are registered trademarks of Spillman Technologies, Inc. All other brand or product names are trademarks or registered trademarks of their respective holders. (c) 2008 Spillman Technologies, Inc. All rights reserved. 48 194 Exhibit D Data Conversion - Scope of Work 49 195 Spillman Technologies Tukwila PD — Statement of Work WHITE BOX T E C H N O L O G I E S , I N C Tukwila PD Data Conversion date! 10/26/2015 This Statement of Work sets forth the roles and responsibilities, assumptions, scope, constraints (with an estimated schedule TBD) that will govern the project detailed below. The content of this document is intended to provide framework for the project processes to ensure mutual understanding, clear expectations and successful results. Spillman: White Box: Tukwila PD • Primary Points of conta ^'- Nikki Huff, @spillman.com 801.386.5013 Ext. 5012, nikki.huff @whiteboxt.com PERIOD OF PERFORMANCE: 10/25/15- 12/31/16 `''"M "°r"° :, Full conversion of legacy RMS and Training Databases (Custom Micro), (Sierra Pacific Software), for use in Spillman. According to the availability and completeness of the source data and available Spillman target modules, all of the fields and tables within the various functional areas will be populated to the fullest extent possible as outlined below. Spillman • Implementation Manager o Work to facilitate sign off of Table Mapping Document, adherence to schedule, and issue resolution o Inform White Box of issues impacting conversion o Load converted data into target database for customer testing and delivery o Report conversion issues to White Box in a timely manner following a delivery, including necessary details to research and resolve • Application & Database Subject Matter Expert o Cooperate with White Box to provide prompt assistance answering technical questions o Review and sign off on Table Mapping Document Tukwila • Legacy System Subject Matter Expert and IT Support o Work with White Box to retrieve data and layout information from legacy system in a usable format o Inform White Box of issues impacting conversion o Ensure prompt and accurate delivery of source data for mock and final data extraction o Promptly answer technical and /or business operation questions o Review, provide feedback and approve Table Mapping Document and mock conversion per schedule o White Box will provide an online code mapper utility for Tukwila's use to provide, generate and validate code maps for use in the conversion White Box • Project Manager o Manage project scope, schedule, and performance o Coordinate conversion activities with Spillman o Work with Spillman to resolve issues • Analyst o Work with Spillman and Tukwila to develop the conversion rules and resolve issues identified during mock(s) and final conversion • Engineer o Retrieve and prepare source data and setup other applicable systems o Build, test, run conversion and deliver converted data This document contains confidential and proprietary information of White Box Inc. Do not copy or disclose without prior written permission of White Box executive management 196f 10/25/2015 Page 50 of 61 Effective as Spillman Technologies Tukwila PD — Statement of Work WHITE BOX T E C H N © L O G I E S , I N C Assumptions and Constraints: • This project includes three mock conversions and a final conversion for one go live, consisting of the source data provided to White Box Technologies. Data must be in either a CSV, flat files with table header layouts or in a portable (e.g. SQL) format • Spillman will provide the code tables populated with Tukwila data in a timely manner to support the data mapping and conversion • Images and /or file attachments are included with this conversion • A project schedule will be developed and mutually agreed to during the initiation of this project. Any delay in the delivery of milestones or related sub -steps to the schedule, which is the responsibility of Spillman or Tukwila, can result in a day- for -day delay in subsequent milestones that White Box is responsible for. If delays cause the project to extend beyond the Period of Performance, a postponement fee of 10% of the work order price for reallocation may be charged. (The period of performance begins from the inception of the project to 30 days after the scheduled go live). • Following a White Box deliverable, unless otherwise specified Spillman or Tukwila has 10 business days to report any issues. If White Box receives no response within that time, the deliverable will be considered accepted as delivered and if tied to a billable milestone, deliverable will be invoiced. Issues reported after that period of time will be resolved on a case by case basis and may or may not be subject to additional charges and / or a change request. • White Box will not be responsible for de- duplication of legacy data with in- service data, although the Spillman name merge utility will be applied to the conversion, 100% success rate of duplicate records is not guaranteed • Any addresses that are part of the data conversion will not be geo verified for Spillman use • Code, configuration and maintenance tables will not be populated in the target system by White Box. White Box will not be responsible for deleting any existing data in the configuration database. • Work performed under this SOW is under warranty by White Box for thirty (30) days following delivery of the final conversion. Errors or omissions in converted data that result from application, database, or source data changes by Spillman or Tukwila following acceptance of the Table Mapping document and /or mock conversion are not included in this SOW. Estimated Date Milestone Responsibility Deliver Source data and code tables to White Box. Establish deliverable timelines Spillman /Tukwila/ White box Deliver Table Mapping Document White Box Sign off on Table Mapping Document and code mapping (within 10 days of TMD delivery) Spillman / Tukwila Deliver first mock converted data and Exception Report(s) White Box Cut off for providing feedback on mock conversion (within 10 days of Mock delivery) Spillman Deliver second mock converted data and Exception Report(s) White Box Cut off for providing feedback on mock conversion (within 10 days of Mock delivery) Spillman /Tukwila Deliver third mock converted data and Exception Report(s) White Box Cut off for providing feedback on mock conversion (within 10 days of Mock delivery) Spillman /Tukwila Deliver source data for go live Spillman /Tukwila Deliver final converted data and Exception Report(s) White Box Cut off to sign and return project acceptance form or report issues Spillman Cut off for reporting post conversion issues (30 day Warranty period ) Spillman This document contains confidential and proprietary information of White Box Inc. Do not copy or disclose without prior written permission of White Box executive management Page 51 of 61 of 10/25/2015 Effective as 197 Spillman Technologies Tukwila PD — Statement of Work WHITE BOX T E C H N © L O G I E S , I N C Source System(s): • Source system(s): Custom Micro (RMS), Sierra Pacific Software (Training) • Number of Source Tables needing Analysis and Conversion: No more than 35 source data tables from both systems. If more than 35 source data tables, scope may result in a change request for both time and cost. • Source data delivered to White Box Technologies: Not received, sample only. Scope will need to be verified once complete source data is received. • Target Modules in scope: Spillman RMS • Modules out of scope: Any not listed above including CAD and JMS The following table outlines the services that are considered within the scope of this SOW. This document contains confidential and proprietary information of White Box Inc. Do not copy or disclose without prior written permission of White Box executive management 198f 10/25/2015 Page 52 of 61 Effective as Baseline Services Service Definition Data Conversion Changing digital data from one format to another so it can be used in another software application. The scope of this SOW includes three mock conversions and a final conversion. Data Standardization Converting accepted (not misspellings) data values that represent the same information into a single unified, recognized, and accepted structure as required by the target system. Base Data Cleansing Removing or defaulting data in a database that is inaccurate, incomplete, or improperly formatted, so it will load into the target database and not cause the application to crash. Data Defaulting Based on predefined business rules, assigning a specific value to a field in the target database that is different than the corresponding value in the source database. Data Exception Report(s) Reports that provide qualitative analysis of the source data and identify missing, incorrect, or incorrectly formatted data elements required by the target database or application. (Note: If the source data problems are not corrected or defaulted, the target application will be inaccurate or may crash or will have limited reliability.) Release Notes Report developed at the time of conversion data delivery that outlines mapping document version, the source and target database and application version, the tables and modules populated, and any known issues. Duplicate Names Reports Reports to indicate the exactly matched name records and the potential name record matches, per the criteria provided by Spillman to determine duplicate entities. Data Alteration Report Report to indicate records that have been truncated in order to insert into the database. The records are logged with the table, field, and primary key of the target record so that the full original value is not lost. Image Conversion Converting digital images that were used in one application, for use in another software application. May also require changing the format of the images so that they function in the new application This document contains confidential and proprietary information of White Box Inc. Do not copy or disclose without prior written permission of White Box executive management 198f 10/25/2015 Page 52 of 61 Effective as Spillman Technologies Tukwila PD — Statement of Work WHITE BOX T E C H N O L O G I E S , I N C The following table outlines the services that are considered outside the scope of this SOW. Spillman /Tukwila is requested to submit a Change Request in order to include any of these optional services within the scope of this SOW. Note that additional services may result in added cost and /or schedule delay. Spillman (Authorized Signature) Name: Title: Date: Tukwila PD (Authorized Signature) Name: Title: Date: White Box (Authorized Signature) Name: Derek Smith Title: President Date: Oct 25, 2015 This document contains confidential and proprietary information of White Box Inc. Do not copy or disclose without prior written permission of White Box executive management Page 53 of 61 Effective as of 10/25/2015 199 Optional Services Service Definition Additional Conversions /Go Lives Re -run of the conversion process above and beyond those agreed to be within scope. Address Validation Validates and standardizes address against USPS database Custom Reports Reports to indicate data that meets a certain criteria provided by Spillman / Cowley Additional 3rd party Validation Review and correction of legacy data through use of third party commercially available reference applications to provide assurance that data is adequate for its intended use Enhanced Data Cleansing Amending, correcting, removing, or defaulting inaccurate, incomplete, duplicated, or improperly formatted source data beyond that which is required to load the data properly in the target application Data Augmentation Adding new or derived data necessary or desired in the target system but not available in the source. (Also called data enrichment). This includes changing the intent of the source data Financial Data Conversion Any data that has financial components (fees, obligations, payments. interest etc). that needs to be calculated, converted and populated into the target application. Spillman (Authorized Signature) Name: Title: Date: Tukwila PD (Authorized Signature) Name: Title: Date: White Box (Authorized Signature) Name: Derek Smith Title: President Date: Oct 25, 2015 This document contains confidential and proprietary information of White Box Inc. Do not copy or disclose without prior written permission of White Box executive management Page 53 of 61 Effective as of 10/25/2015 199 Exhibit E BAIR Analytics - Data Usage Agreement ATACRAIDS and RAIDS ONLINE (WWW.RAIDSONLINE.COM) This Data Usage Agreement (the "Agreement') is made this day of , 20 , between BAIR Analytics Inc., 640 Plaza Drive, Suite 340, Highlands Ranch, Colorado 80129 ( "BAIR ") and ( "Customer "). RECITALS WHEREAS, BAIR has developed certain websites (the "Sites," as further defined below) that supplies information to the public and /or law enforcement agencies about the location and nature of certain alleged crimes; and WHEREAS, Customer is (or includes) a law enforcement agency that will supply da a and othe information (the "Data ") about the location and nature of certain al d crimes to BAIR for use on BAIR's Site; and WHEREAS, certain BAIR software has been distributed to Customer Ey Spillman'Technologies, Inc. ( "Spillman "), which will facilitate Customer's use of the Sites; and WHEREAS, the parties desire through the sharing of the Data by the Custom and the use of the Data by the BAIR to facilitate the sharing of crime data for the benefit of the general public and /or law enforcement; NOW, THEREFORE, for good and valuable consideration, the su iency of which is hereby acknowledged by the parties, IT IS THEREFORE AGREED AS FOLLOWS: AGREEMENT 1. DATA. Customer agrees that any Data it provides to AIR may be displayed on BAIR's Site consistent with the terms of this Agreement and the current Term of Use (the "Terms of Use ") as posted on raidsonline.com and /or atacraids.com (the "Sites "), the most recent version of which Terms of Use is attached hereto as Exhibit A and incorporated herein by reference. BAIR may modify and update the Terms of Use from t -to time, effective upon the posting of such modified Terms of Use on either of the Sites. Customer agrees that it is responsible for periodically reviewing the Terms of Use available online at the Sites to familiarize itself with anychanges thereto. Customer agrees to keep the Data updated and to ensure that the Data provided by Customer to BAIR is displayed on BAIR's Site as Customer wishes. BAIR is Oresponsible for the loss of any Data or the accuracy of the Data. Customer represents that Data is accurate, complete and that it maintains a duplicate copy of all Data. 2. DATA USAGE DISCLAVIER. BAIR used Google Geocoder to geocode address locations that do not already contain "X" and "Y" coordinates. Any "X" and "Y" coordinate information provided by the Customer is assumed by BAIR to be accurate and will not be geocoded by Google Geocoder. Crime dot locations geocoded by Google Geocoder as displayed on the Site are approximate due to automated location methods and address inconsistencies. BAIR is not responsible for any errors or omissions in the Data or the use of the Data by any third party, including the public or any law enforcement or governmental agencies. 3. INTELLECTUAL PROPERTY. BAIR and its licensors retain and reserve exclusive ownership of all worldwide copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, property rights and all other industrial rights in and to the Site, including any derivative works, modifications, customizations, updates, or enhancements and BAIR grants Customer a license to use such rights for the purposes hereunder. 54 200 4. WARRANTY AND LIMITATIONS. BAIR'S SERVICES AND THE SITES ARE PROVIDED 'AS IS' WITHOUT ANY WARRANTY WHATSOEVER. CUSTOMER RECOGNIZES THAT THE "AS IS" CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH BAIR WOULD NOT HAVE AGREED TO ENTER THIS AGREEMENT. BAIR, ITS AFFILIATES AND SALES PARTNERS, INCLUDING SPILLMAN, DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, WITH REGARD TO BAIR'S SERVICES AND THE SITES. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILI F BAIR WHATSOEVER. CUSTOMER ACKNOWLEDGES THAT IT HAS RELIED O NOW NTIES OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL BAIR OR ITS PARTNERS, INCLUDING VILLMAN, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BAIR AND ITS ltRTNERS TO CUSTONWR FOR ANY LOSS, DAMAGE OR CLAIM ARISING OUT OF OR RELATEM TO THI REEMENT OR THE SITES EXCEED THE GREATER OF THE FOLLOWING: (A) THE TOTAL AMOU PAID BY CUSTOMER TO SPILLMAN OR BAIR FOR ACCESSING THE SITES; OR (B) FIVE U.S. DO LARS ($5.00). 5. CONTROLLING LAW AND VENUE. The parties agree that the term of this Agreement shall be governed by and construed in accordance with the laws of the Sta: of Colorado, not including any conflict of laws provisions. The parties Luther agree that any actio to enforce the provisions of this Agreement shall be brought in District rt for the State of Colorado. 6. SEVERABILITY. If any provision s Bement shall be deemed by any court having jurisdiction thereon to be invalid, illegal or unenforc- > e, i all be severed and the balance of this Agreement shall remain in effect; if any provision of this A • m ent shall be deemed by any such court to be unenforceable because such provision is too broad in scope, such provision shall be construed to be limited in scope to the extent such court shall deem necessary to make it enforceable; and if any provision is deemed inapplicable by any such court t? any person or circumstances, it shall nevertheless be construed to apply to all other persons and circumstances. 7. WAIVER. Any waiver by either party of any breach of any term or condition of this Agreement shall not be construed as or be deemed to be a waiver of any future breach of such term or condition. 8. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one agreement, binding on the parties hereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives. BAIR Analytics Inc. Customer: Signature: Printed Name: Sean Bair Signature: Printed Name: Title: President Title: Date: Date: 55 201 Exhibit A DISCLAIMER AND TERMS OF USE FOR RAIDS ONLINE (WWW.RAIDSONLINE.COM) ATACRAIDS (WWW.ATACRAIDS.COM) With respect to your access and use of raidsonline com and/or atacraids.com (the "Site "), BAIR Analytics Inc. ( "BAIR ") provides its services to you, subject to the following Terms of Use ( "TOU "), which may be updated by BAIR from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these terms and conditions. In addition, when using the Site, you and BAIR shall be subject to any posted guidelines or rules appli e to Sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by re rence into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then thive terms shall control. You agree to be bound by these TOU, and indicate such agreement by any access or use of thi ite. Your use of this Site demonstrates and manifests your assent to this Agreement. If you do not agree to this Agreement,`do not access and use the Site. 1. PERMITTED USE. Subject to these TOU, BAIR hereby grants you the rig to access an ' se the Site solely for the following purposes: (i) if you are accessing the Site as an individual, then any and all use of the Site is for your pers 1, non - commercial use only or (ii) if you are accessing the Site on behalf of a business entity, then any and all use of the Site must be for such business entity's internal business purposes in connection with the establishment or continuation of a business relationship with BAIR. You shall not (iii) send or otherwise post unauthorized commercial communications (such as spam);on the Site (iv) collect content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) or by bypassing the Site's user interface without our permission; (v) upload viruses or other malicious code to the Site; (vi) do anything that could disable, overburden, or impair the proper working of the Site, such as a denial of service attack; or (vii) facilitate or encourage any violations of this Agreement. BAIR retains all rights with respect to the Site except those expressly granted to you in this Agreement. Except as expressly permitted hereunder, you agree not to duplicate, publish, modify, or otherwise distribute the material on the Site unless specifically authorized in writing by BAIR to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Site Such framing is strictly prohibited under this Agreement. The content and software on the Situ are the proprietary property of BAIR and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. 2. LINKS TO THIRD PARTY SITES. The Site may contain links or produce search results that reference links to third party websites ( "Linked Sites"). BAIR has no control over these Linked Sites or the content within them. BAIR cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or in ffensive. BAIR does not endorse the content of any Linked Site, nor does it warrant that a Linked Site will not contain comp . vi s or other harm ode that can impact your computer or other web access device. By using the Site to search for or link to anoth te, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against BAIR for any es or losses whatsoever resulting from such use. 3. NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Site, you warrant to BAIR that you will not use the Site for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 4. PRIVACY AND DISCLOSURE OF INFORMATION. Your privacy is important to us. BAIR is providing this notice to describe and explain our online information practices and the choices you can make about the way your information is collected and used. A. THE INFORMATION WE COLLECT AND HOW WE COLLECT IT. In general, you can visit this Site without telling us who you are or revealing any personal information about yourself. There are times, however, when we may need information from you. Personal information like your name, postal address and e-mail address is obtained only when voluntarily submitted. BAIR collects this information in several ways: 56 202 (i) Through the user signing up to receive crime alerts, crime information, news, scheduling product demonstrations, entering contests and /or completing surveys. (ii) Through registration, surveys and other online forms. (iii) As part of an ongoing sales process. (iv) While providing technical support, consultation, or product information. (v) Through the process of maintaining and upgrading our products. Through automated means such as communications protocols, email, communications and cookies. To provide you with timely, high - quality information, we may also ask you to provide us with information regarding your professional interests and experiences with our products or services. Providing us with this information is optional. Personal data collected online may also be combined with information you provide to us through other sources such as product registration, call centers, or in conjunction with events such as trade shows, training seminars and conferences. Information that you supply will relate to the relationship that BAIR has with you or your organization. B. WEB SERVER LOGS. In the process of administering this Site, we maintain and k usage through Web server logs. Web server logs provide information such as what types of browsers are accessing our Site, wt pages receive high t fic, and the times of day our servers experience significant load. We use this information to im ove the content and navigati" n features of our Site. Anonymized or aggregated forms of this data may be used to identify eaturen and functions to develop for the Site and to provide better customer service. C. COOKIES. There are various technologies, including one called "cookies" which can se provide tailored information from a website. A cookie is an element of data that a website can send to your browser, whit y en store it on your system. Some BAIR pages use cookies or other technologies so that we can better serve you when you r rn to our Site. You can set your browser to notify you when you receive a cookie, giving you the chance to decide wh her to accept it. For more information, please refer to user information provided with your Web browser. D. WEB BEACONS. Some of our Web pages and HTML - formatted e -mail use Web beacons in conjunction with cookies to compile aggregate statistics about website usage. A Web beacon is an electronic image, called a single -pixel (lxl) or clear GIF. Web beacons can recognize certain types of information on a visitor's computer, such as a visitor's cookie numb We beacons unusable by rejecting their associated cookies. E. PERSONALIZED URL LINKS AND I ERSONALIZED MESSAGE CONTENT. Occasionally, we may create a unique web URL link for certain visitors. If you visit one of these Sites, you may find forms that are already filled out with your name, or other types of information you have previously indicated an interest in, based on information you have given us before. We may also personalize the content of newsletters, e -mail offers or invitations based on topics in which you have previously indicated an interest. We collect information about how you consume this type of personalized information in order to help us provide you with other information that is better tailored to your interests. If you choose to visit one of the personalized web URL links, you are agreeing to allow BAIR to collect information about your visits and also to associate that information with other information about you and your relationship with BAIR. If you do not wish your information to be used in this way, do not accept the invitation to visit these Sites. F. HOW WE USE YOUR INFORMATION.` BAIR may use your personal information to: (i) Fulfill subscption requests, ord:: for software and services made online and to provide other information you request. (ii) Make the Site easier for you to use. (iii) Help us customize content most relevant to your interests. (iv) Notify you about important news concerning BAIR. (v) Notify you of new products and services, product updates, technical support issues, events and special offers we think you may be interited in. We do analyze some of our Web services such as registrations, demos, downloads, and e-mail responses at the individual level in order to improve the quality of those offerings and to better tailor our marketing to our customers' needs. G. HOW WE SHARE YOUR INFORMATION. We may share the personal data you provide with other BAIR entities and/or business partners for purposes related to those described above. We will not sell, rent or lease to others your personally identifiable information. BAIR reserves the right to disclose any and all pertinent information to law enforcement or other governmental officials as we, in our sole discretion, believe necessary or appropriate. H. CHOICE / OPT -OUT. BAIR offers you the choice of receiving different types of communication and information related to our company, products and services. You may subscribe to e- newsletters or other publications; you may also elect to receive marketing communications and other special offers from us via e-mail. If at any time you would like to change your communication preferences, we provide unsubscribe links and an opt -out mechanism for your convenience. 57 203 I. OUR COMMITMENT TO DATA SECURITY. BAIR is concerned about the security of your information. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online We use encryption technology when collecting or transferring sensitive data such as credit card information. Credit card numbers are used only for processing payment and are not used for other purposes. J. CHANGES TO THIS PRIVACY POLICY. If there are updates to the terms of BAIR's online Privacy Policy, we will post those changes here and update the revision date in this document so that you will always know what information we collect online, how we use it, and what choices you have. Your continued use of the Site following the posting of changes to this Privacy Policy means you accept those changes. K. YOUR ACCEPTANCE OF THESE TERMS. By using the Site, you signify your assent to this Privacy Policy. 5. OWNERSHIP OF USER SUBMITTED CONTENT. You agree that any and all information and content that you provide to the Site becomes the exclusive property of BAIR, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to BAIR upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of ri hts. 6. OWNERSHIP OF LAW ENFORCEMENT AGENCY SUBMITTED CONT�. 11 in ation provided by a law enforcement agency is offered and owned by that law enforcement agency. Unless otherwise indicated by the law enforcement agency, all data will be retained by BAIR Analytics Inc. and remain accessible by the general public and /or other law enforcement agencies in accordance with the provisions of this Agreement. However, the law enfo' ent agency shall have the right to cause BAIR Analytics Inc. to archive (remove from view) and purge (remove from database) a its agency data at the agency's request. 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(reliable innovation Company & Product Fact Sheet Spillman Technologies At -a- Glance Company • Spillman Technologies was founded in 1982 and has focused exclusively on public safety software throughout its more than 30 -year history. • Spillman software serves more than 1,500 agencies and nearly 70,000 public safety professionals in 41 states. • Spillman is a privately owned corporation that answers only to customers and has never been acquired or merged. • Nearly 40 percent of Spillman customers have used the software for at least 10 years. Over 25 percent of customers have used the software for more than 15 years. • More than half of new Spillman clients are a result of referrals. • Customers are always connected with a live individual for technical support, and the average response time is less than one hour. Customers can also receive support online at my.spillman.com, where they can submit and manage problems and search hundreds of quality Knowledgebase documents. • Spillman has more than 280 employees with corporate offices located in Salt Lake City, Utah, and was named one of the Best Companies To Work For in 2010, 2011, and 2013 by Utah Business magazine. • Spillman was named one of the nation's fastest growing private companies for seven consecutive years by Inc. magazine. • Spillman provides its customers a lifetime partnership with unrivaled professional services, including account and project management, research and design, purchasing services, customer education, and technical support. Product • Spillman offers an integrated suite of comprehensive software solutions for public safety agencies, including police departments, sheriff's offices, communication centers, fire departments, and correctional facilities. • At 20 software versions mature, Spillman software offers more than 40 fully integrated software modules. Customers with Annual Maintenance Agreements receive upgraded versions of existing Spillman software, including new features and enhancements. Spillman has maintained a 100 percent successful implementation record, on time and within budget, for more than 30 years in the industry. Each agency's implementation is managed by a dedicated project manager with PMP certification. As a result, Spillman has never been in litigation with a customer. On- Premises and Cloud Solutions for: Police Sheriff Communications 1 Fire l Corrections 206 [s] • Spillman is a leader in establishing successful multi - jurisdictional data sharing systems, with nearly 88 percent of our customer base using the software to share data in a multi - jurisdictional environment.The largest Spillman multi - jurisdictional project includes 59 agencies. • Spillman provides a unique, single- source database that enables users to input, store, and retrieve data from one central location. This allows agencies to share live, accurate data and reduce duplicate entries. • Spillman's on- premises software is sold as a single site license agreement rather than individual user licenses, allowing agencies to have an unlimited number of users on the system at no additional software expense. • Spillman devotes millions of dollars annually to product research and design. Approximately 80 percent of annual product enhancements come from user suggestions. • With intelligence -led policing tools like integrated management dashboards, map -based analytics, extensive searching, and community crime maps, Spillman helps command staff, analysts, supervisors, and field personnel, analyze agency data in meaningful ways. • Spillman develops its software using UNIX, Linux, and Windows -based technologies as well as industry standards like XML and ODBC. Spillman also meets the needs of customers by offering interface options to industry - leading third parties. • Spillman is an active participant in a variety of standard - defining committees within the Integrated Justice Information Systems (IJIS) Institute. Spillman also builds industry partnerships through membership in the Association of Public- Safety Communications Officials (APCO), International Association of Chiefs of Police (IACP), National Sheriff's Association (NSA), National Emergency Number Association (NENA), and National Law Enforcement Telecommunications System (N LETS). For more than 30 years, Spillman Technologies has provided public safety professionals with innovative software solutions and reliable customer service. Today, Spillman's integrated public safety software is used by more than 1,500 police departments, sheriff's offices, communication centers, fire departments and correctional facilities nationwide. Company & Product Fact Sheet sptechnologies, inc. reliable innovation Copyright © Spillman Technologies, Inc. All rights reserved. Specifications are subject to change without notice. V10 7.15 4625 Lake Park Blvd. Salt Lake City, Utah 84120 800.860.8026 info @spillman.com www.spillman.com 207 208 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes October 20, 2015 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffie, Kate Kruller (Absent: De'Sean Quinn) Staff: Peggy McCarthy, Sandy Garrett,Trina Cook, Leon Richardson, Laurel Humphrey CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Resolution: Amending the Change Fund Levels Staff is seeking Council approval of a resolution that would establish a $500 petty cash fund for the payment of witness and juror fees. These payments are currently made through accounts payable which involves three staff members. Cash payments are expected to be much more efficient and will also remove these payments from the annual unclaimed property process. The resolution also proposes to eliminate the Southside Visitor Center change fund, as the establishment of the Tourism Promotion Area means the SSVC will no longer operate as a City function. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 2, 2015 REGULAR CONSENT AGENDA. B. Update on Police Records Management System The Police Department is planning to update its records management system which has been in place for almost 20 years and is considered inefficient and limited. An updated system is expected to improve effectiveness, efficiency and safety, reduce liability, and falls in alignment with the City and the Police Department Strategic Plans. $350,000 has been set aside in the contingency fund for this effort, and a request for an additional $500- 600,000 will come forward in the City's budget amendment proposal due in committee next month. The total request will include software, hardware, implementation, training, and half -time tech support position. A request for proposals has been issued to identify a vendor, and the City's Tech Council has been briefed and is in support of an updated records management system for the Police Department. INFORMATION ONLY. C. Update on 2014 Audit Report The Washington State Auditor has issued the City's 2014 audit report. The City received a clean report for the financial and accountability portions of the audit, but the audit of compliance with federal grant regulations resulted in findings that the City did not have adequate internal controls to ensure compliance with federal suspension and debarment requirements. The City strongly disagrees with this finding, as it was in fact in compliance with those requirements, it did just not have physical evidence, such as a printed out webpage. Many cities in South King County have been observing and voicing concerns about changes in the State Auditor's Office in the past two years. INFORMATION ONLY. 209 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes November 17, 2015 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: De'Sean Quinn, Acting Chair; Joe Duffie, Verna Seal (Absent: Kathy Hougardy) Staff: David Cline, Peggy McCarthy, Chris Flores, Kim Gilman, Stephanie Brown, Mike Villa, Eric Dreyer, Kraig Boyd, Todd Rossi, Leon Richardson, Trina Cook, Christy O'Flaherty, Robin Tischmak, Gail Labanara, Laurel Humphrey Guests: Duncan Brown, Public Financial Management, Inc.; Jerry Thornton, Resident; Libby Johnson, Resident CALL TO ORDER: The meeting was called to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA There was consensus to consider items of business in the order as presented below. A. Ordinance: Refunding the 2006 Water, Sewer, Surface Water Revenue Bonds Staff is seeking Council approval of an ordinance that would authorize the refunding of the 2006 Water and Sewer Revenue bonds as proposed by Columbia Bank. Columbia Bank was selected from six proposals as having the most favorable terms. Closing is estimated to occur in late December 2015. A revision version of the draft ordinance was distributed to the Committee and will be included in the COW packet. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 23, 2015 COMMITTEE OF THE WHOLE. B. 2015 COPS Hiring Grant Award Staff is seeking Council approval to accept a federal COPS grant award of $250,000 to help fund two new officers who will be assigned to residential areas and focus on outreach to the City's immigrant and refugee communities. The total cost of salary, benefits, vehicle and equipment over four years is $1,211,482.00 leaving a City cost of $961,482. Committee members and staff discussed the merits of the proposal. Councilmember Quinn noted the importance of communicating to the community the benefits and efficiencies resulting from this kind of investment, noting that resources may be freed up in other areas. The Committee suggested public outreach on this grant award and funding proposal. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 23, 2015 COMMITTEE OF THE WHOLE. C. Police Records Management System Purchase The Police Department is planning to update its records management system which has been in place for almost 20 years and is considered inefficient and limited. An updated system is expected to improve effectiveness, efficiency and safety, reduce liability, and falls in alignment with the City and the Police Department Strategic Plans. Staff conducted an RFP process and recommends the purchase of the Sentryx product from Spillman Technologies, Inc. A department needs assessment and onsite vendor visit were analyzed together, resulting in the list of recommended modules and features outlined in the memo. The total request will include software, hardware, implementation, training, and half -time tech support position. The total, including one -time and ongoing costs, is $1,070,466.00 through 2018. $350,000 has been set aside in the contingency fund for this purchase and the remainder through 2017 is included in 211 Finance & Safety Committee Minutes November 17, 2015 - Page 2 the budget amendment currently under Council review. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 23, 2015 COMMITTEE OF THE WHOLE. D. Non - Represented Employee Compensation Staff briefed the Committee on a proposal for 2016 compensation for non - represented employees. The proposal includes a 1% pay increase and a commitment to review the compensation policy in the first quarter of 2016, including input from affected staff. In addition, staff proposes to phase in over two years changes to the salary structure line of regression to address the compression between the lower and upper bands. Data and analysis to support this is not yet ready. The Committee asked staff to return to the December 8 meeting with this information. They also expressed support for the proposed policy review in 2016. RETURN TO COMMITTEE. E. Ordinance: Adopting the 2015 -2016 Budget Amendment Staff is seeking Council approval of an ordinance to authorize the 2015 -2016 mid - biennium budget amendments as required by state law. Proposed amendments are categorized as existing service levels, backed by revenue, carryovers, and new initiatives. Details on the amendments are included in the staff report in both narrative and spreadsheet format. Finance Director McCarthy briefed the Committee on the proposals and Councilmembers asked clarifying questions, with particular emphasis on the amendments proposed for Police and Fire, which are due to overages on salaries, benefits on overtime, and jail costs (Police), and salaries, overtime and benefits on overtime (Fire). The budget overage became apparent over 1St and 2nd quarter. Vacancies are not always predictable to allow timely hiring of replacements. In addition, full staffing in PD did not result in fewer overtime costs as expected, as there has been a number of unplanned big events this year. Councilmember Quinn asked Chief Villa and Acting Chief Flores to address efforts made by their departments to save costs in other areas. He also asked if the budget amendments accurately reflect the required level of service and suggested that staff be prepared to address that in the next discussion. Finance staff noted that there is a planned analysis of SCORE jail costs scheduled in 2016. Following discussion the Committee chose to make no recommendation while forwarding the item to the Committee of the Whole for continued discussion. FORWARD TO NOVEMBER 23, 2015 COMMITTEE OF THE WHOLE WITH NO COMMITTEE RECOMMENDATION. III. MISCELLANEOUS Meeting adjourned at 8:06 p.m. Next meeting: Tuesday, December 8, 2015 - 5:30 p.m. - Hazelnut Conference Room 212 Committee Chair Approval Minutes by LH