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1. Appendix D to DIR Contract No DIR SDD 1623 SPILLMAN COMPUTER SOFTWARE END USER LICENSE AGREEMENT 10 09 2007 Table of Contents Section 1 License een ers Section 2 Scope of Section 3 Fees and Payments Section 4 Support m Section 5 Licensee Responsibilities Section 7 License to Utilities Restrictions on Usage Section 8 Limited Warranty and Limitation of Liability IndemnifiCatlion iie nce o cereis nins Section 9 Term of Agreement Termination Section 10 Miscellaneous Section 11 Signatures acisini aa This Computer Software End User License Agreement Agreement is made and entered into effective as of the date this Agreement is signed by both parties below and is by and between Spillman Technologies Inc Spillman 4625 West Lake Park Blvd Salt Lake City Utah 84120 and Montgomery County Sheriff s Office Licensee 1 Criminal Justice Drive Conroe TX 77301 Licensee desires to license from Spillman certain software 1 1 Section 1 License SPILLMAN S LICENSED PROGRAM IS COPYRIGHTED BY SPILLMAN AND OR ITS LICENSORS AND IS LICENSED NOT SOLD SPILLMAN DOES NOT SELL OR TRANSFER TITLE TO THE LICENSED PROGRAM TO LICENSEE THE LICENSE OF THE LICENSED PROGRAM WILL NOT COMMENCE UNTIL LICENSEE HAS EXECUTED THIS AGREEMENT AND AN AUTHORIZED REPRESENTATIVE OF SPILLMAN HAS RECEIVED APPROVED AND EXEC
2. Add Level 1 Iron Mountain will perform an Inventory Test on the initial deposit 5 000 or N A L Depositor Inventory and which includes Analyzing deposit media readability virus scanning based on Analysis Test developing file classification tables identifying the SOW if Beneficiary presence absence of build instructions and identifying materials custom work required to recreate the Depositor s software development required environment Output includes a report which will include build instructions file classification tables and listings In addition the report will list required software development materials including without limitation required source code languages and compilers third party software libraries operating systems and hardware as well as Iron Mountain s analysis of the deposit L Add Deposit At least semi annually Iron Mountain will send an update N A 450 L Depositor Tracking reminder to Depositor Thereafter Beneficiary will be notified of Notification last deposit Beneficiary L Add Iron Mountain will fulfill a Work Request to store and manage the N A 500 L Depositor Dual Remote deposit materials in a remote location designated by the client Vaulting outside of Iron Mountain s primary escrow vaulting location or to Beneficiary store and manage a redundant copy of the deposit materials in one 1 additional location All Deposit Materials original and copy must be provided by the Depositor L Relea
3. Depending on the call class of service location information from the E9 1 1 Interface may either be a civic address or LAT LON coordinates The interface can be configured to place a copy of all ANI ALI information in the CAD call comments and to update the occurred between initial time to contain the time the call was answered SAA Information The SAA is responsible for the following items e Adding How Received code transferred by the E9 1 1 Interface to the How Received code table t bhowrc Setting up the following E9 1 1 application parameters in Spillman according to the needs of the agency o auto911 Automatically checks for E9 1 1 information when a new CAD call is added o cdce911 Determines if the ANI ALI information is placed in the E9 1 1 comments area or in the CAD call comments o e911time Determines the number of seconds before the ANI ALI information is consider stale and is ignored by CAD Assigns each dispatch console a 9 1 1 position using cdttys table spillman technologies inc Maintenance Information The agency is responsible to have a trained Spillman Application Administrator SAA The SAA should receive the administrator training and be able to monitor and troubleshoot common problems The agency must notify Spillman in advance of any changes to the ANI ALI equipment or the format of the ANI ALI stream Fees may apply if changes to the E9 1 1 interface are required The information
4. Spillman in the event of any non compliance 6 2 Section 3 Fees and Payments The license fee for the Licensed Program is specified in Appendix C to DIR Contract DIR SDD 1623 Invoicing and payments will be in accordance with Sections 7 B and 7 C of Appendix A to DIR Contract No DIR SDD 1623 Section 4 Support 63 Spillman shall support the Licensed Program in the manner specified in the Computer Software End User Support Agreement between the parties the Support Agreement Licensee is required to maintain the Support Agreement in force as a condition to the license of the Licensed Program under this Agreement Section 5 Licensee Responsibilities 5 1 Licensee is responsible for selecting a Spillman Application Administrator who is qualified to operate the Licensed Program on Licensee s own equipment and is familiar with the information calculations and reports that serve as input and output of the Licensed Program Spillman reserves the right to refuse assistance or to charge additional fees if the Spillman Application Administrator seeks assistance with respect to such basic background information or any other matters not directly relating to the operation of the Licensed Program 5 2 Other components hardware and or software may be required for the use of the Licensed Program Spillman assumes no responsibility under this Agreement for obtaining and or supporting such components except as expressly
5. blocks of this enrollment shall be the Effective Date Authorized Person s Notices Table Please provide the name s and contact information of the Authorized Person s under this Agreement All Notices will be sent electronically or through regular mail to the appropriate address set forth below Please complete all information as applicable Incomplete information may result in a delay of processing DEPOSITOR BENEFICIARY Print Name Chris Kellett Print Name Alan B Sadler Title Chief Financial Officer Title County Judge Email Address ckellett spillman com Email Address Alan sadler mctx org Street Address 4625 West Lake Park Blvd Street Address 501 North Thompson Province City State Salt Lake City UT Province City State Conroe Texas Postal Zip Code 84120 Postal Zip Code 77301 Phone Number 801 902 1475 Phone Number 936 539 7812 Fax Number 801 902 1210 Fax Number 936 760 6919 Billing Contact Information Table Please provide the name and contact information of the Billing Contact under this Agreement All Invoices will be sent to this individual at the address set forth below DEPOSITOR BENEFICIARY DS Check if same as Authorized Person X Check if same as Authorized Person Company Name Company Name Print Name Print Name Title Title Email Address Email Address Street Address Street Address Province City
6. e r disables logging of received data optional f log file specifies the name of the directory to which messages are logged S TraCS XSL file specifies the file or files in which the TraCS XSL file is stored 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 Copyright 2011 Spillman Technologies Inc All rights reserved 6 spillman technologies inc E9 1 1 IP Interface CAD Technical Product Description Description The Spillman E9 1 1 IP Interface receives Automatic Name Identification Automatic Location Identification ANI ALI information as well as latitude and longitude coordinates LAT LON from a Spillman approved E9 1 1 controller and incorporates this data into an active CAD call record in Spillman Requirements General The Spillman software must be loaded on a Spillman approved hardware platform as outlined in current Spillman policies Spillman technicians must have access to the server where the Spillman software is loaded Installation is completed partially on site and partially over remote connection The agency must provide E9 1 1 protocol documentation and ALI text form
7. e Review the log file The log file provides information on 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 notifying users when errors occur Use the MAILADM environment variable to determine who is notified about errors e 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 Installation department performs the initial setup and installation of the Brazos Interface However you might need to start and stop the interface for maintenance and troubleshooting Use dstart and dstop or the Daemon Manager screens sydaemon and sydgmg to start and stop the interface On occasion you might also need to set up the interface on the Spillman xmld Setting the MAILADM environment variable 5 spillman chnologies inc The MAILADM environment variable determines who receives email notification of errors that occur when information is transferred from the Brazos 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 xmld server Use the following syntax when setting up the Brazos Interface on the Spillman xmld server xmld d r f log file S TraCS XSL file S TraCS XSL file where e d turns debug on optional
8. spillman chnologies inc reliable innovation IN WITNESS WHEREOF the parties have caused this Agreement Title to be executed by their duly authorized representatives as set forth below Date Section 11 Sig natures Spillman Technologies Inc Accepted and Approved By Licensee Print Name By Title Print Name Date License and Support Agreements spillman echnologies inc reliable innovation Support Agreement Appendix E to DIR Contract No DIR SDD 1623 SPILLMAN COMPUTER SOFTWARE END USER SUPPORT AGREEMENT 11 1 2007 Table of Contents Section 1 Definitions Section 2 Eligibility For Support ii T Section 3 Scope of Section 4 Services Not Covered by this Agreement Section 5 Obligations of Customer Section 7 Fees and Section 8 Proprietary 5 Section 10 Termination Section 11 Miscellaneous ats DORIA Section 12 5 This Support Agreement Agreement is made and entered into by and between Spillman Technologies Inc Spillman 4625 West Lake Park Blvd Salt Lake City Utah 84120 and Montgomery County Sheriff s Office
9. 8C 95W Max Mem 1866MHz 338 BDBD DIMM Blanks for Systems with 2 Processors 317 8688 Heat Sink for PowerEdge R720 and R720xd 331 4508 Intel Xeon E5 2650v2 2 6GHz 20M Cache 8 0GT s QPI Turbo HT 8C 95W Max Mem 1866MHz 2nd Proc 338 BDBS 2 16GB RDIMM 1866MT s Standard Volt Dual Rank x4 Data Width 370 AAWL 24 1866MT s RDIMMs 370 AAWM 2 Performance Optimized 331 4428 300GB 15K RPM SAS 6Gbps 2 5in Hot plug Hard Drive 342 2240 4 Electronic System Documentation and OpenManage DVD Kit for R720 and R720xd 331 5914 2 DVD RW SATA INTERNAL 313 9090 2 AFP NNN N NNN N file C Users bobby powell AppData Local Microsoft Windows INetCache Content Outlook VF I2BPGA Quote 680675572 html 4 21 2014 Quote Summary 680675572 ReadyRails Sliding Rails With Cable Management Arm 331 4433 2 Dual Hot plug Redundant Power Supply 1 1 750W 331 4605 2 Power Cord NEMA 5 15P to C13 15 amp wall plug 10 feet 3 meter 310 8509 4 No Operating System 420 6320 2 No Media Required 421 5736 2 SOFTWARE amp ACCESSORIES GROUP TOTAL 299 00 Product Quantity Unit Price Total Dell Education Services Dell PowerVault MD Overview and Administration Online Training 1 year access 971 1987 1 299 00 299 00 Total Purchase Price 114 143 48 Product Subtotal 114 143 48 Tax 0 00 Shipping amp Handling 0 00 State Environmental Fee 0 00 Shipping Method LTL 5 DAY ORLESS
10. Amount denoted in Statement of Conditions The information in this document is believed to be accurate However Dell assumes no responsibility for inaccuracies errors or omissions and shall not be liable for direct indirect special incidental or consequential damages resulting from any such error or omission Dell is not responsible for pricing or other errors and reserves the right to cancel orders arising from such errors Dell may make changes to this proposal including changes or updates to the products and services described including pricing without notice or obligation Terms of Sale This quote is valid for 30 days unless otherwise stated Unless you have a separate written agreement that specifically appliesto this order your order will be subject to and governed by the following agreements each of which are incorporated herein by reference and available in hardcopy from Dell at your request If this purchase is for your internal use only Dell s Commercial Terms of Sale www dell com CTS which incorporate Dell s U S Return Policy www dell com returnpolicy and Warranty www dell com warrantyterms If this purchase is intended for resale Dell s Reseller Terms of Sale www dell com resellerterms If this purchase includes services in addition to the foregoing applicable terms Dell s Service Terms www dell com servicecontracts global If this purchase includes software in addition to the foregoing applicable terms yo
11. Customer 1 Criminal Justice Drive Conroe TX 77301 SPILLMAN S SUPPORT OF THE LICENSED PROGRAM WILL NOT COMMENCE UNTIL AN AUTHORIZED REPRESENTATIVE OF CUSTOMER HAS EXECUTED THIS AGREEMENT AND AN AUTHORIZED REPRESENTATIVE OF SPILLMAN HAS RECEIVED APPROVED AND EXECUTED A COPY OFIT AS EXECUTED BY CUSTOMER WHEREAS Spillman and Customer entered into that certain DIR Contract No DIR SDD 1623 and Computer Software End User License Agreement the License Agreement under which Customer obtained a non exclusive nontransferable license to use certain computer software in object code form and related user documentation the Licensed Program as further defined below on certain terms and conditions WHEREAS Spillman desires to offer Customer certain services with respect to the Licensed Program on the terms and conditions set forth herein NOW THEREFORE in consideration of these recitals and the mutual obligations herein the parties hereto intending to be legally bound hereby agree as follows Section 1 Definitions For the purposes of this Agreement the following definitions shall apply to the respective capitalized terms 1 1 Coverage Hours The hours between 8 00 AM and 6 00 PM Central Standard time on the days Monday through Friday excluding regularly scheduled holidays of Spillman Enhancement Any modification or addition that when made or added to the Licensed Program changes its utility efficiency f
12. Data and Online Services are licensed under the same DFARS Subpart 227 7202 policy as commercial computer software for acquisitions made under DFARS The commercial license rights in this License Agreement strictly govern Licensee s use reproduction or disclosure of Products Licensee may transfer Software to any licensed government procuring agency facility to which computer s on which Software is installed are transferred If any court arbitrator or board holds that Licensee has greater rights to any portion of Products under applicable public procurement law such rights shall extend only to the portions affected 9 10 Governing Law Arbitration a Licensees in the United States of America Its Territories and Outlying Areas This License Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict of laws principles except that US federal law shall govern in matters of intellectual property Except as provided in Section 9 8 any dispute arising out of or relating to this License Agreement or the breach thereof that cannot be settled through negotiation shall be finally settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules Judgment on the award rendered by the arbitrator may be entered in a court of competent jurisdiction If Licensee is a US government agency this License Agreement is subject to the Contract Dispute
13. Note 1 Microsoft Silverlight SOAP and REST 5 Esri MapStudio 4 Addendum 2 Note 1 Addendum 2 Note 1 Addendum 2 Note 4 Addendum 2 Note 9 Community Analyst 3 Addendum 2 Note 1 Addendum 2 Note 4 Notes f you do not license any of the Products in the table above these Additional Terms of Use do not apply to you Additional Terms of Use for Products ONLY APPLY to the Products that reference them by number in the table above Additional Terms of Use for Products listed above 1 In addition to the common terms of use of Online Services a Licensee may use Licensee s Esri Online Services account to build a Value Added Application s for Licensee s internal use b Licensee may also provide access to Licensee s Value Added Application s to third parties subject to the following terms i Licensee may allow Anonymous Users to access Licensee s Value Added Application s ii Licensee shall not add third parties as Named Users to Licensee s ArcGIS Online account for the purpose of allowing third parties to access Licensee s Value Added Application s This restriction does not apply to third parties included within the definition of Named Users iii Licensee shall not provide a third party with access to ArcGIS Online Services enabled through Licensee s ArcGIS Online account other than through Licensee s Value Added Application s This restriction does not apply to third parties included within the
14. Report s 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 to indicate the exactly matched name records and the potential name record Reports 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 Out of Scope Full Conversion into Spillman The following table outlines the services that are considered outside the scope of this SOW Spillman Montgomery 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 ad
15. The original value from the Names table is copied to the nmhistry table and the current value from the citation is placed in the Names table Data in Brazos fields that does not correspond to any field in the Spillman software is added to the Comments field of the Spillman record If the software finds more than one matching vehicle or name it enters the first matching record it finds into the Citation record The software assumes that any other vehicles or names are duplicates connected with an involvement for additional ownership information spillman chnologies inc SAA Information Spillman 4 6 Setup Before you can use the Brazos Interface you must e Have a separate server to run the Brazos software e Install the Brazos software Spillman server set up a crontab entry in UNIX that runs the data transfer scripts Spillman Technologies recommends that you set up a crontab entry that runs the data transfer scripts on a regular basis such as once a day depending on your agency s needs e Setup a directory in which the interface can deposit the Brazos citations data The Spillman Installation department sets up e The XMLD server for the Brazos Interface Spillman 6 x Setup e Install and configure Brazos software with the support of Brazos e Spillman will install the web service called CitationInterface and configure the web service for picking up Brazos export files Maintenance Information Spillman
16. Unix Fundamentals Training AIX or HP UX 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 Customer will be responsible for the costs of such training including any course fees travel and lodging expenses subject to the limits on reimbursement in compliance with the State of Texas Travel Regulations Contact information for the Spillman Application Administrators must be recorded in Appendix A of this Agreement Appendix A must be signed by an authorized representative of Customer Changes to the information recorded in Appendix A will require that a spillman chnologies inc reliable innovation License and Support Agreements 6 4 6 5 new Appendix A be completed signed and filed with Spillman Requests for support services received by anyone other than a Spillman Application Administrator as identified in the current Appendix A on file with Spillman will be refused Each designated Spillman Application Administrator 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 Licensed Program 7 1 7 2 7 3 7 4 7 5 7 6 Section 7 Fees and Charges Pricing shall be in accordance with Section 4B of D
17. command line Transaction type access Screen name Message key s sent Administrative AM Administrative Message AM FREE Free Form FREE YQ Confirmation Hit Request YQ All agencies involved must determine to the fullest extent possible that the person property inquired upon is identical to the person property in the TCIC NCIC record YR Confirmation Hit Reply YR All agencies involved must determine to the fullest extent possible that the person property inquired upon is identical to the person property in the TCIC NCIC record The Administrative Message Form lets you send a free form point to point message that concerns law enforcement and criminal justice matters Administrative messages may be directed to a single destination or to multiple destinations Messages are divided into two categories FORMAL and INFORMAL The agency sending the message does not receive an indication that the message was delivered Administrative messages can be sent to NLETS and TLETS Texas transactions available from the Spillman software continued Transaction type Screen command line access Screen name Message key s sent Boats CB Clear Stolen Boat CB EB Enter Stolen Boat EB LB Locate Stolen Boat LB Provides up to 5 out of state boat registration inquiries via NLETS to a state POE MB Modify Stolen Boat MB
18. 6 x After the interface transfers the data from the Brazos software to the Spillman software perform the following tasks e Validate the data transferred to the Spillman tables and add any additional information that is necessary e Review the Audit Page of the interface frequently to manage possible duplicates and name merge issues To get to the Audit Page go to your Application Manager and select the Citationlnterface service You will now be on the AuditLog page From this page you will be able to view the activity of the interface by agency officer date range errors warnings duplicate issues etc See Figure 1 spillman chnologies inc Figure 1 Audit Log x Citation Manager Citation Email Settings Properties Print Range m DA EX Past 2 Weeks 2 a GREELEY Past 30 Days 2 3N D120232 Citation 4386 LocalELCI 2012 05 11 11 36 28 906 MOORE POLICE Past 60 Days 2 DEPARTME GREELEY Agency s NJND120232 Citation 385 LocalELCI 2012 05 11 11 34 13 750 K MOORE POLICE GREELEY DEPARTMET POLICE 2 DEPARTMENT Officer s V K MOORE Select All Clear All Issues S Duplicates 1 Errors 0 Warnings S 8 No Issues Spillman 4 6 After the interface transfers the data from the Brazos software to the Spillman software perform the following tasks e Validate the data transferred to the Spillman tables and add any additional information that is necessary
19. I do not accept the license agreement below you may then request a refund of applicable fees paid LICENSE AGREEMENT E204 04 26 2013 This License Agreement is between you Licensee and Environmental Systems Research Institute Inc Esri a California corporation with a place of business at 380 New York Street Redlands California 92373 8100 USA GENERAL LICENSE TERMS AND CONDITIONS ARTICLE 1 DEFINITIONS Definitions The terms used are defined as follows a Authorization Code s means any key authorization number enablement code login credential activation code token account user name and password or other mechanism required for use of a Product Beta means any alpha beta or prerelease Product c Commercial Application Service Provider Use or Commercial ASP Use means generating revenue by providing access to Software or Online Services through a Value Added Application for example by charging a subscription fee service fee or any other form of transaction fee or by generating more than incidental advertising revenue Content has the meaning provided in Addendum 3 e Data means any Esri or third party digital dataset s including but not limited to geographic vector data raster data reports or associated tabular attributes whether bundled with Software and Online Services or delivered independently f Deployment License means a license that allows Licensee to sublicense select Software and associat
20. INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF ONLINE SERVICES 6 4 General Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES ESRI DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SYSTEM INTEGRATION AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ESRI DOES NOT WARRANT THAT PRODUCTS WILL MEET LICENSEE S NEEDS THAT LICENSEE S OPERATION OF THE SAME WILL BE UNINTERRUPTED ERROR FREE FAULT TOLERANT OR FAIL SAFE OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED PRODUCTS ARE NOT DESIGNED MANUFACTURED OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD TO DEATH PERSONAL INJURY OR PHYSICAL PROPERTY ENVIRONMENTAL DAMAGE LICENSEE SHOULD NOT FOLLOW ANY ROUTE SUGGESTIONS THAT APPEAR TO BE HAZARDOUS UNSAFE OR ILLEGAL ANY SUCH USES SHALL BE AT LICENSEE S OWN RISK AND COST 6 5 Exclusive Remedy Licensee s exclusive remedy and Esri s entire liability for breach of the limited warranties set forth in this Article 6 shall be limited at Esri s sole discretion to 1 replacement of any defective media ii repair correction or a workaround for Software or Online Services subject to the Esri Maintenance Program or Licensee s authorized distributor s maintenance program as applicable or iii return of the license fees paid by
21. Licensee for Software or Online Services that do not meet Esri s limited warranty provided that Licensee uninstalls removes and destroys all copies of Software or Documentation ceases using Online Services and executes and delivers evidence of such actions to Esri or its authorized distributor ARTICLE 7 LIMITATION OF LIABILITY 7 1 Disclaimer of Certain Types of Liability ESRI ITS AUTHORIZED DISTRIBUTOR AND ITS LICENSORS SHALL NOT BE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES LOST PROFITS LOST SALES OR BUSINESS EXPENDITURES INVESTMENTS BUSINESS COMMITMENTS LOSS OF ANY GOODWILL OR ANY INDIRECT SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF PRODUCTS HOWEVER CAUSED ON ANY THEORY OF LIABILITY WHETHER OR NOT ESRI ITS AUTHORIZED DISTRIBUTOR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY 7 2 General Limitation of Liability EXCEPT AS PROVIDED IN ARTICLE 8 INFRINGEMENT INDEMNITY THE TOTAL CUMULATIVE LIABILITY OF ESRI AND ITS AUTHORIZED DISTRIBUTOR HEREUNDER FROM ALL CAUSES OF ACTION OF ANY KIND INCLUDING BUT NOT LIMITED TO CONTRACT TORT INCLUDING NEGLIGENCE STRICT LIABILITY BREACH OF WARRANTY MISREPRESENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE FOR THE PRODUCTS THAT GIVE RISE TO TH
22. Number Title Mobile TCIC Submission Forms Code Name Project Type or Montgomery County TX Customer Software Versions Spillman 6 3 Product Module Project Overview Field officers are not allowed to submit Enter transactions directly to TCIC Montgomery County is requesting that Spillman builds a product that will allow the field officer to enter the information on the TCIC Enter transactions form and send to Dispatch to process Once received the dispatcher will enter this information from the form into TCIC for submission This custom interface project is part of a larger contract wherein Montgomery County has purchased the Spillman system Therefore Spillman will build this solution to meet the needs of Montgomery County within the parameters of possibilities for available technology Project Mobile TCIC Submission Forms 1 Scope of Work Document Stakeholders Department Name or Agency Mari Lambrecht Marshall Shirley Peggy Frankhouser Ryan Gable TBD David Halladay Project Review Montgomery County Montgomery County Montgomery County Montgomery County Spillman Spillman Spillman illman technologies inc 5 Project Details Title or Role Systems Analyst Director of County IT Captain Sheriff s Office Constable Precinct 3 Implementation Project Manager Development Project Manager QA mari lambrecht mctx org Mar
23. Online or Community Analyst Reports and maps on Licensee s external websites Licensee may create publicly display and distribute maps in hard copy and static electronic format for news reporting purposes subject to any restrictions for ArcGIS Online Data set forth in Addendum 2 Note 1 Licensee may develop Value Added Applications that use Business Analyst Online API Community Analyst API or Location Analytics API to access query create display and redistribute Reports and resultant static electronic maps to end user s of Licensee s Value Added Applications If Licensee has an anonymous user subscription Licensee may provide access to Licensee s Value Added Application s to anonymous end users limited to the number of Reports Licensee has paid for End user s of Licensee s Value Added Applications may use Reports and maps for internal purposes only and not for further redistribution Report s means any formatted output created by the Business Analyst Online API Community Analyst API or Location Analytics API Products which includes PDF CSV Excel HTML and XML formats Licensee shall not redistribute any Data in vector formats Licensee and Licensee s end users are prohibited from using Reports or other output generated by Business Analyst Online API Community Analyst API or Location Analytics API as a substitute for Business Analyst Online API Community Analyst API or Location Analytics API including but not limited to 1 com
24. Program 3 Grant Programs 2 Other Esri Limited Use Programs 4 Notes 1 Educational Programs Licensee agrees to use Products solely for educational purposes during the educational use Term Licensee shall not use Products for any administrative use unless Licensee has acquired an administrative use Term License Licensee shall not use Products for revenue generating or for profit purposes 2 Grant Programs Licensee may use Products only for Noncommercial purposes as specified in the Esri grant document Licensee shall not use Products for revenue generating or for profit purposes 3 ArcGIS for Home Use Program a All ArcGIS for Home Use Program Products are provided as Term Licenses and are identified on Esri s Home Use Program website found at http www esri com software arcgis arcgis for home or Licensee s authorized distributor s website b Esri grants to Licensee a personal nonexclusive nontransferable Single Use License solely to use the Products provided under the ArcGIS for Home Use Program as set forth in the applicable Ordering Documents i for which the applicable license fees have been paid ii for Licensee s own Noncommercial internal use iii in accordance with this License Agreement and the configuration ordered by Licensee or as authorized by Esri or its authorized distributor and iv for a period of twelve 12 months unless terminated earlier in accordance with the License Agreement Noncommercial means use i
25. QB Query Stolen Boat QB QB T ZB ZB T XB Cancel Stolen Boat XB Criminal History Criminal History Identification QH Inquiry QHC Criminal History Identification QH QH T Inquiry QR NCIC Interstate Identification QR Index Record Request RAP TCIC RAP Sheet NCIC III QR QR T Driver s License DL Texas Driver License Inquiry DL Inquiry may be made by either DL number or Name and DOB but not both DQ Driver License Inquiry DL DQCAD NLETS TEXAS Driver License DQCAD Inquiry from CAD DQL Driver License Inquiry DL DQ DWN Driver License Wanted Person CPL QW Inquiry KQ Driver s History KQ Gun CG Clear Stolen Gun CG EG Enter Stolen Gun EG LG Locate Stolen Gun LG MG Modify Stolen Gun QG Query Stolen Gun QG XG Cancel Stolen Gun XG Missing Persons CM Clear Missing Person CM EM Enter Missing Person EM LM Locate Missing Person LM MM Modify Missing Person MM QM Query Missing Person QM XM Cancel Missing Person XM Texas transactions available from the Spillman software continued Screen command line Transaction type access Screen name Message key s sent Securities CS Clear Stolen Security CS ES Enter Stolen Security ES LS Locate Stolen Security LS MS Modify Stolen Security MS QS Query Stolen Security QS XS Cancel Stolen Security XS Stolen Articles CA Clear Stolen Article CA EA Enter Stolen Article EA LA Locate Stolen Arti
26. State Province City State Postal Zip Code Postal Zip Code Phone Number Phone Number Fax Number Fax Number Purchase Order Purchase Order Beneficiary Enrollment Form Work Request Please check boxes to order services and to identify the Paying Party Service Service Description One Time Annual Paying Fees Fees Party x Add Additional Iron Mountain will fulfill a Work Request to add a new Beneficiary 800 L Depositor Beneficiary to an escrow deposit account in accordance with the Agreement M Beneficiary L Add Additional Iron Mountain will set up one additional deposit account to 1 050 L Depositor Deposit Account manage and administrate access to new Deposit Material that will 1 be securely stored in controlled media vaults in accordance with Beneficiary the Agreement that governs the Initial Deposit Account L Add File List Iron Mountain will fulfill a Work Request to provide a File List Test 2 500 N A L Depositor Report which includes a deposit media readability analysis a file listing a O file classification table virus scan outputs and assurance of Beneficiary completed deposit questionnaire A final report will be sent to the Paying Party regarding the Deposit Material to ensure consistency between Depositor s representations i e Exhibit B and Deposit Questionnaire and stored Deposit Material Deposit must be provided on CD DVD R or deposited by sFTP
27. Transportation Analytics 1 Addendum 2 Note 1 Addendum 2 Note 2 Addendum 2 Note 11 Notes Ifyou do not license any of the Products in the table above these Additional Terms of Use do not apply to you Additional Terms of Use for Products ONLY APPLY to the Products that reference them by number in the table above Unless otherwise noted in the applicable Ordering Document extensions to Software follow the same scope of use as that granted for the corresponding Software Additional Terms of Use for Products listed above 1 Licensee may use the Software Data and Online Services included in ArcGIS for Transportation Analytics solely for direct support of fleet operations No other use of ArcGIS for Transportation Analytics or the individual components that are part of ArcGIS for Transportation Analytics is permitted This restriction does not apply to the E300 Page 2 of 16 02 21 2014 3 9 10 E300 21 22 23 24 29 30 ArcGIS Online for Organizations account included with ArcGIS for Transportation Analytics The ArcGIS Online for Organizations account can be used for any purpose subject to the terms of this License Agreement Information created with Esri Maps products is for use only by Licensee s Named Users of ArcGIS Online or Portal for ArcGIS Reserved Licensee will provide information or other materials related to its content including copies of any client side applications
28. Use Programs If Licensee acquires Products under any limited use program not listed above Licensee s use of the Products may be subject to the terms set forth in the applicable launching page or enrollment form or as described on Esri s website in addition to the nonconflicting terms of this Addendum 4 All such program terms are incorporated herein by reference E300 Page 16 of 16 02 21 2014 4 21 2014 Quote Summary 680675572 QUOTATION Quote 680675572 Customer 111763956 Contract 42AFU CustomerAgreement DIR SDD 1951 Quote Date 04 18 2014 Date 4 18 2014 Customer Name TX MONTGOMERY COUNTY Thanks for choosing Dell Your quote is detailed below please review the quote for product and informational accuracy If you find errors or desire certain changes please contact your sales professional as soon as possible Sales Professional Information SALES REP TINA PASQUALE PHONE 1800 4563355 Email Address Tina Pasquale Dell com Phone Ext 5139788 GROUP 1 OUANTITY 2 SYSTEM PRICE 14 101 16 GROUP TOTAL 28 202 32 Description Quantity PowerEdge R720 Intel Xeon E 26XX Processors 210 ABVP 2 PowerEdge R720 Motherboard TPM 591 BBBP 2 Dell Hardware Limited Warranty Plus On Site Service Extended Year 939 2678 2 Dell Hardware Limited Warranty Plus On Site Service Initial Year 939 2768 2 Dell ProSupport Plus For tech support visit www dell com prosupport regionalcontacts 951 2015 2 ProSupport Plus Mission Critic
29. a Purchase Order For any additional information including Hardware and Software Contract Numbers please contact an SHI GS Sales Representative at 800 870 6079 The Products offered under this proposal are subject to the SHI Return Policy posted at www shi com returnpolicy unless there is an existing agreement between SHI and the Customer 6820 S HARL AVE v ht Insight Public Sector SLED 5 PUBLIC SECTOR SOLD TO PARTY Montgomery County 501 N THOMPSON ST STE 405 Quotation CONROE TX 77301 2500 USA Quotation Number Creation Date 215619582 23 APR 2014 PO Number SHIP TO ADDRESS PO Release Montgomery County Customer No 10588022 501 N THOMPSON ST STE 405 CONROE TX 77301 2500 Sales Rep Edward Malta USA Email emalta insight com Telephone 504 875 6125 Sales Rep 2 Michael Thamontri Email mthamont insight com Telephone 800 467 4448 X 6104 We deliver according to the following terms Payment Terms Net 30 days Ship Via Insight Assigned Carrier Ground Terms of Delivery FOB DESTINATION Currency USD Material Description Quantity Unit Price Extended Price DS C9148D 8G16P K9 Cisco MDS 9148 Multilayer Fabric Switch switch 16 4 4 218 00 16 872 00 ports desktop Lead Time days 8 TX DIR CISCO NETWORKING PRODUCTS AND SERVICES DIR SDD 1369 MSRP 7600 00 Discount 96 44 5096 Page1 of 3 v Quotation Number Creation Date 510 215619582 23 APR 2014 PUBLIC SECTOR Mate
30. agreed in writing 53 6 6 Licensee is responsible for ensuring a proper environment and proper utilities for the computer system on which the Licensed Program will operate 5 4 Except as expressly agreed in writing Spillman assumes no responsibility under this Agreement for converting Licensee s data files for use with the Licensed Program Section 6 Proprietary Protection and Restrictions 6 1 Spillman shall have sole and exclusive ownership of all rights title and interest in and to the Licensed Program and all modifications and enhancements thereof including ownership of all trade secrets copyrights and other intellectual property rights pertaining thereto subject only to the rights and privileges expressly granted to Licensee herein by Spillman The Licensed Program may also include software separately licensed to Spillman from third party licensors Such third party software is sublicensed to Licensee and protected pursuant to the terms of this Agreement and may be used only in conjunction with Spillman s Licensed Program This Agreement does not provide Licensee with title or ownership of the Licensed Program or any component thereof but only a limited license Spillman and its licensors specifically reserve all rights not expressly granted to Licensee in this Agreement Licensee must keep the Licensed Program free and clear of all claims liens and encumbrances To the extent authorized by the Texas Public Informa
31. be considered confidential information belonging to Dell About Dell Dell Inc listensto customers and delivers innovative technology and services they trust and value Uniquely enabled by its direct business model Dell isa leading global systems and services company and No 34 on the Fortune 500 For more information visit www dell com Privacy Policy Dell respects your privacy Across our business around the world Dell will collect store and use customer information only to support and enhance our relationship with your organization for example to process your purchase provide service and support and share product service and company news and offerings with you Dell does not sell your personal information For a complete statement of our Global Privacy Policy please visit dell com privacy file C Users bobby powell AppData Local Microsoft Windows INetC ache Content Outlook VF I2BPGA Quote 680675572 html 5 5 Spillman hardware recommendation for Imaging and mug shots Panasonic WV SC385 p Exhibit E Beneficiary Enrollment Form Depositor and Iron Mountain Intellectual Property Management Inc Iron Mountain hereby acknowledge that Beneficiary Company Name Agreement that supports Deposit Account Number is the Beneficiary referred to in the Escrow with Iron Mountain as the escrow agent Beneficiary hereby agrees to be bound by all provisions of such Agreement The last date noted on the signature
32. between the new Traffic Citation or Accident record and the existing Name record e Anew Vehicle record if an existing Vehicle record could not be matched If a new Vehicle record is created it will be linked to the Accident or Citation record If an existing Vehicle record is matched a link will be created between the new Traffic Citation or Accident record and the existing Vehicle record Requirements General The agencies must be using Brazos software that has a Spillman XML Export File Spillman cannot import a standard Brazos export file Hardware There are no special or additional hardware requirements to use the Brazos XML Interface Software e The customer must purchase the Brazos XML Interface e Refer to the following table for state specific versioning and software requirements for installation State Spillman Version Export Available Interface Required Citation amp Crash XML Citations amp Accidents Citation amp Crash XML Citations amp Accidents Citation amp Crash XML Citations amp Accidents spillman chnologies inc Documentation PMDs Available for the Support and Installation technicians Two PMDs Spillman TraCS Interface PMD and Citation Interface PMD are available Use the software requirement table to locate which PMD to reference Training No training is required The interface runs automatically User Information To create Spillman records the interface transfers data from
33. capability to be used with Insight and will need to be validated once copy of the data is received Any tables not part of this list will be subject to a change order File MD RECORDS MD RECORDS HIST MD PROPERTY MD WARRANTS MD WARRANT 1 MD REC ASSN MD INFO MD TRACKING MD INCAR HIST OFF REPORTS HIST PROPERTY HIST PROPERTY DET HIST SUP DATA Do not copy or disclose without prior written permission of White Box executive management Records 58497 18358 16000 54782 44738 34725 19537 32615 1254 214836 26417 77578 52443 Age Record attb 300 OLD BOOKING INFO 50 OLD CITATIONS 300 OLD BOOKING INFO 108 SPERRY OFF REPORTS This document contains confidential and proprietary information of White Box Inc Page 7 of 7 Effective as of 6 4 2014
34. 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 Copyright 2014 Spillman Technologies Inc All rights reserved 3 Project Foray Technologies Evidence Interface Montgomery County TX Scope of Work Document Last Revision 4 29 2014 spillman technologies inc Scope of Work Document puma inc Table of Contents Project Summary iassosushuasusRERRRERSRERRREREARFRRRKRSRERERERSRERARERZAKREAKRSRENENENMRNE 1 Project VET VE M 1 Project Details 552225a 552 x0 aR 2 SSIS OTS ERE EE UTE 2 Pr jec t REVIEW NER 2 Scope iiaaxsexaxusuansuEuEEANEAEMEEEUUUEREE EUIS aa 3 Requirements x x MM 3 Project Foray Technologies Evidence Interface 2 spillman Scope of Work Document echnologies inc Project Summary Number Title Foray Technologies Evidence Interface Code Name Project Type or Montgomery County TX Customer Software Versions Spillman 6 3 Product Module Project Overview Montgomery County uses Foray for evidence management This project builds a one way interface between Foray Evidence and S
35. domain identifier Similarly in example com xx where xx is a registered country code example com xx is the registered unique domain identifier Desktop applications can be used by any employee of the organization with the principal registered unique domain identifier There is no limit to the number of applications that can be built and deployed within an organization Page 4 of 16 02 21 2014 ADDENDUM 2 DATA TERMS OF USE E300 2 This Data Terms of Use Addendum Addendum 2 sets forth the terms of Licensee s use of Data and includes Licensee s existing master license agreement if any or the License Agreement found at http www esri com legal software license as applicable the License Agreement which is incorporated by reference This Addendum 2 takes precedence over conflicting General License Terms and Conditions of the License Agreement Esri reserves the right to modify the Data terms of use referenced below at any time For Data licensed through a subscription Licensee may cancel the subscription upon written notice to Esri or discontinue use of the Data as applicable If Licensee continues to use the Data Licensee will be deemed to have accepted the modification Data terms of use are set forth in the notes referenced below SECTION 1 GENERAL RESTRICTIONS ON USE OF DATA In addition to the restrictions set forth in Article 4 2 of the License Agreement the following restrictions apply to use of Data by Licensee and License
36. finalize interface build test as needed White Box TBD Deliver source data for go live Spillman Montgomery TBD Deliver final converted data and Exception Report s White Box TBD Cut off to sign and return project acceptance form or Spillman report issues TBD Cut off for reporting post conversion issues 30 day Warranty Spillman period 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 5 of 7 Effective as of 6 4 2014 SPILLMAN TECHNOLOGIES MONTGOMERY CouNTY STATEMENT OF WORK Accepted Spillman Authorized Signature Name Title Date Accepted Montgomery County Authorized Signature Name Title Date Accepted White Box Authorized Signature Name Derek Smith Title Project Services Date June 5 2014 WHITE BOX ECHNOLOG 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 6 of 7 Effective as of 6 4 2014 SPILLMAN TECHNOLOGIES MONTGOMERY COUNTY STATEMENT OF WORK WHITE BOX Attachment A Tables for potential use with Insight Connector The below tables and records may potentially be used for the Insight Connector portion of this SOW where applicable Not all tables and records have the
37. financial or technological reasons not to support them 2 8 If any modification discontinuation or deprecation of Online Service s causes a material adverse impact to Licensee s operations Esri may at its sole discretion attempt to repair correct or provide a workaround for Online Services If a viable solution is not commercially reasonable Licensee may cancel its subscription to Online Services and Esri will issue a prorated refund 2 9 Attributions Licensee is not permitted to remove any Esri or Esri s licensors logos or other attribution associated with any use of ArcGIS Online Services ARTICLE 3 TERM AND TERMINATION The following supplements Article 5 Term and Termination of the License Agreement 3 1 Term of Subscriptions The term of any subscription will be provided in the Ordering Document under which it is purchased or in the Online Services description referenced therein 3 2 Subscription Rate Changes Monthly subscription rates may be increased upon thirty 30 days notice Esri may increase rates for subscriptions with a term greater than one 1 month by notifying Licensee at least sixty 60 days prior to expiration of the then current subscription term 3 3 Service Interruption Licensee s access including access on behalf of Licensee s customers to and use of Online Service s may be temporarily unavailable without prior notice for any unanticipated or unscheduled downtime or unavailability of all or any port
38. is confidential and proprietary information to Spillman Technologies Inc 2012 G 1 an www spillman com technologies inc Purchase Agreement Montgomery County Price Est Date April 23 2014 Estimate Number MC0303PA Expiration Date May 30 2014 Prepared By Todd Jorgensen Mobile Records Site License 230 081 64 e Provides access to system data from the field without officers leaving the vehicle or requiring dispatcher assistance e Allows users to search names vehicles incidents property wanted persons amp more than 20 other types of records Mobile Voiceless CAD Site License Included Ability for the officer to receive critical call information in real time using the laptop computer Update your call and unit status directly from your laptop saving valuable time and eliminating the need to notify dispatch via radio Mobile Mapping AVL Site License Included e Allows personnel in the field to access critical call information and a map from a single screen Addresses cross streets hazards alerts and call comments can be accesses One can view the location of the unit as soon as the vehicle is started and the transmitter begins sending pulses e Allows dispatcher to easily see the real time locations of all AVL equipped units on the CAD map Mobile State amp National Queries Site License Included e Allows users to search databases for name vehicle property guns and wanted person records and imag
39. not apply to you Additional Terms of Use for Products ONLY APPLY to the Products that reference them by number in the table above Additional Terms of Use for Products listed above 1 ArcGIS Online Data Software and Online Services that reference this note enable access to ArcGIS Online Data ArcGIS Online Data is provided for use solely in conjunction with Licensee s authorized use of Esri Software and Online Services Use of ArcGIS Online Data that is accessible through non fee based ArcGIS Online accounts may be subject to usage limits ArcGIS Online Basemap Data a ArcGIS Online basemap data can be taken offline through Esri Content Packages and subsequently delivered transferred to any device for use exclusively with licensed Esri Client Software b ArcGIS Online basemap data is subject to an aggregate limit of fifty million 50 000 000 transactions during any twelve 12 month period Transactions include both basemap and geosearch Transactions Transaction is defined in the Documentation at ArcGIS Resources at http links esri com agol transactiondef E300 Page 5 of 16 02 21 2014 E300 Licensee may use Data accessed through ArcGIS Online as permitted under the terms of the URLs referenced below a HERE data is subject to the terms of use at http corporate navteg com supplier terms html b Tele Atlas TomTom data is subject to the terms of use at http www esri com media Files Pdfs legal pdfs j9792 teleatlas
40. or any applicable law or iii contain or transmit to a third party any Malicious Code Except as prohibited by applicable law Licensee agrees to defend indemnify and hold harmless Esri from and against any claim action liability or demand arising out of a breach of the foregoing warranties E300 Page 12 of 16 02 21 2014 SECTION 2 TERMS OF USE FOR SPECIFIC ONLINE SERVICES The following table is a list of Esri Products that have specific Terms of Use in addition to the general Terms of Use as set forth in the General License Terms and Conditions of the License Agreement Additional Terms of Use are listed immediately below this table and are referenced by number s shown in parentheses immediately following each Product name in the following table in some cases the Additional Terms of Use referenced may be found in a separate Addendum as noted ArcGIS Online 1 2 Addendum 2 Note 1 Esri Community Analyst API for Adobe Flex Addendum 2 Note 6 Microsoft Silverlight SOAP and REST 5 Esri Business Analyst Online 3 Addendum 2 Note 1 Addendum 2 Note 1 Addendum 2 Note 4 Addendum 2 Note 4 Esri Location Analytics API for Adobe Flex Business Analyst Online Mobile 3 Addendum 2 Microsoft Silverlight SOAP and REST 5 Note 1 Addendum 2 Note 4 Addendum 2 Note 1 Addendum 2 Note 4 Esri Business Analyst Online API for Adobe Flex Esri Redistricting Online Addendum 2
41. or distributor maintenance ARTICLE 4 SCOPE OF USE 4 1 Permitted Uses a For Products delivered to Licensee Licensee may 1 Install and store Products on electronic storage device s 2 Make archival copies and routine computer backups 3 Install and use a newer version of Software concurrently with the version to be replaced during a reasonable transition period not to exceed six 6 months provided that the deployment of either version does not exceed Licensee s licensed quantity thereafter Licensee shall not use more Software in the aggregate than Licensee s total licensed quantity Move the Software in the licensed configuration to a replacement computer and Distribute to third parties Software and any associated Authorization Codes required for use of a Deployment License DAE b Commercial Application Service Provider Use Licensee may use the Product for Commercial ASP Use provided that Licensee i acquires a Commercial ASP Use license or ii is a governmental or not for profit organization that operates a Website or offers an Internet service on a cost recovery basis and not for profit E204 Page 2 of 7 04 26 2013 c Licensee may customize Software using any i macro or scripting language ii published application programming interface or iii source or object code libraries but only to the extent that such customization is described in Documentation d Licensee may use copy or prepare derivative wor
42. or sent by commercial overnight delivery service with provisions for a receipt IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their duly authorized representatives as set forth below Section 12 Signatures Accepted and Approved Customer By Print Name Title Date Spillman Technologies Inc By Print Name Title Date spillman technologies inc License and Support Agreements reliable innovation spillman Texas Statelink Interface technologies inc Technical Product Description StateLink Version 1 0 Executable texaspi jar Jar Protocol TCP IP Operating System Linux IBM Windows Delivery Package No delivery package available at this time Displays Images in Returns Yes Voice Yes Highlight Yes Form Population Yes The Texas PI allows you to send transactions from the Spillman software and from Mobile Texas transactions available from Mobile State queries available from Mobile Boat Registration queries not supported by Stolen Boat queries the state Driver s License queries e Stolen Vehicle queries Gun queries Vehicle Registration queries e Stolen Article queries e Wanted Person queries Local queries available from Mobile e Boat queries e Property queries e Name queries Vehicle queries Texas transactions available from the Spillman software Screen
43. 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 the visit All communications between Customer and Spillman must be in the English language Customer is responsible for providing one or more qualified Spillman Application Administrators as described in Section 6 At least one Spillman Application Administrator must be available at all times however after hours availability is required only when and if Customer is requesting after hours support from Spillman Customer is responsible for providing all network and server security Customer must provide Spillman with information sufficient for Spillman to duplicate the circumstances under which an Error in the Licensed Program became apparent Section 6 Spillman Application Administrator Requirements 6 1 6 2 6 3 The designated Spillman Application Administrator must be certified by Spillman within one year of the agency s go live date of the Licensed Program 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 Licensed Program i System Introduction Inquiry ii System Introduction Data Entry amp Modification iii
44. s 11 clear any client side data cache derived from Online Services and iii uninstall remove and destroy all copies of affected Product s in Licensee s possession or control including any modified or merged portions thereof in any form and execute and deliver evidence of such actions to Esri or its authorized distributor E204 Page 3 of 7 04 26 2013 ARTICLE 6 LIMITED WARRANTIES AND DISCLAIMERS 6 1 Limited Warranties Except as otherwise provided in this Article 6 Esri warrants for a period of ninety 90 days from the date Esri issues the Authorization Code enabling use of Software and Online Services that 1 the unmodified Software and Online Services will substantially conform to the published Documentation under normal use and service and ii media on which Software is provided will be free from defects in materials and workmanship 6 2 Special Disclaimer CONTENT DATA SAMPLES HOT FIXES PATCHES UPDATES ONLINE SERVICES PROVIDED ON A NO FEE BASIS AND EVALUATION AND BETA SOFTWARE ARE DELIVERED AS IS WITHOUT WARRANTY OF ANY KIND 6 3 Internet Disclaimer THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT i THE INTERNET IS NOT A SECURE INFRASTRUCTURE ii THE PARTIES HAVE NO CONTROL OVER THE INTERNET AND iii NONE OF THE PARTIES SHALL BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE PERFORMANCE OR DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE
45. time to time Section 1 of this Addendum 3 contains terms applicable to all Online Services Section 2 contains common terms applicable to specific Online Services SECTION 1 COMMON TERMS OF USE OF ONLINE SERVICES ARTICLE 1 DEFINITIONS In addition to the definitions provided in the License Agreement the following definitions apply to this Addendum 3 a Anonymous Users refers to anyone who has public access to any part of the Licensee s Content or Value Added Applications which Licensee has published through the use of the Sharing Tools included with Licensee s licensed use of the Software or Online Services as further described in Section 2 of this Addendum b API means application programming interface C ArcGIS Website means http www arcgis com and any related or successor websites d Content means Data images photographs animations video audio text maps databases data models spreadsheets user interfaces software applications and Developer Tools e Developer Tools means software development kits SDKs APIs software libraries code samples and other resources f Licensee s Content means any Content that Licensee or Licensee s Named Users submit to Esri in connection with Licensee s use of the Online Services any results derived from the use of Licensee s Content with Online Services and any Value Added Applications Licensee builds with Developer Tools and deploys with Online Services Licensee s Co
46. 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 REGARDLESS OF THE CAUSE even if the requested work was reported and or initiated during normal Coverage Hours Should Customer request onsite support services Customer shall reimburse Spillman for all labor and travel incurred by Spillman in providing such support services Travel reimbursement shall be in accordance with Section 4G of DIR Contract No DIR SDD 1623 Additional Support Fees are also due if there is a significant increase in Customer s size with respect to use of the Licensed Program An increase in size may arise either out of Customer s internal growth or out of a Host Agency Shared Agency arrangement as described in Section 2 5 and Attachment A of the License Agreement Relevant factors include number of employees number of dispatchers and or number of jail beds Payment of such additional Support Fees shall be in accordance with Section 7C of Appendix A DIR Contract No DIR SDD 1623 Such fees will be prorated based upon when during the contract year the increase in Customer s size occurred Section 8 Proprietary Rights 8 1 All Releases and any other Spillman software or materials provided by Spillman to Customer hereunder shall be deemed part of the Licensed Program and are licensed to Custo
47. use at http www esri com media Files Pdfs legal pdfs j9792 teleatlas use data pdf MBR Data Users are prohibited from 1 using MBR Data including without limitation European demographic data consumer demand data and postal and geographic boundaries for the purpose of compiling enhancing verifying supplementing adding to or deleting from any database or other compilation of information that is sold rented published furnished or in any manner provided to a third party or ii modifying or otherwise altering MBR Data without MBR s prior written consent such consent to be granted or withheld at MBR s sole discretion D amp B Data May not be used for direct mailing or direct marketing purposes Demographic Consumer and Business Data Esri Data This Data category includes the Updated Demographic Database Census Data American Community Survey ACS Data Consumer Spending Business Summary Business Locations Retail MarketPlace and Tapestry Segmentation datasets Esri Data may be used independently of Software or Online Services Each dataset is available under one or more of the following license types Single Use Permits access by a single user to access the data for development or internal use on a desktop computer or server No Internet access is permitted Internal Site Server Known User Permits access by named known users for Licensee s internal use Web access by those named users is permitted Public we
48. use data pdf c Data from i cubed is subject to the terms of use at http www esri com media Files Pdfs legal pdfs j9946 icubed pdf d Microsoft Bing Maps data is subject to the terms of use at http www esri com media Files Pdfs legal pdfs e 802 bing mapsvcs pdf e BODC bathymetry data is subject to the terms of use found at https www bodc ac uk data online delivery gebco terms of use f MB Research GmbH MBR Data Users are prohibited from i using MBR Data including without limitation European demographic data consumer demand data and postal and geographic boundaries for the purpose of compiling enhancing verifying supplementing adding to or deleting from any database or other compilation of information that is sold rented published furnished or in any manner provided to a third party or ii modifying or otherwise altering MBR Data without MBR s prior written consent such consent to be granted or withheld at MBR s sole discretion g D amp B Data May not be used for direct mailing or direct marketing purposes StreetMap Premium for ArcGIS StreetMap for ArcGIS for Windows Mobile StreetMap for ArcPad StreetMap Premium for ArcGIS for Transportation Analytics These Products collectively referred to as StreetMap Data may be used for mapping geocoding and point to point routing purposes but is not licensed for dynamic real time routing guidance For instance StreetMap Data may not be used t
49. vehicle or name record using the Involvements feature CompStat Dashboard Site License 53 707 50 e Identifies crime trends and allows users to determine how to best utilize agency resources Calculates statistics and presents information in an easy to analyze format without having to run multiple reports Compare statistics over user defined periods of time and user defined geographic areas Imaging Site License 51 374 00 Provides live mug shot capture functionality which allows users to control camera features remotely e Includes eye level and face width guidelines to ensure all mug shots are uniform Page 2 of 9 This quote is confidential and proprietary information to Spillman Technologies Inc 2012 G 1 an www spillman com technologies inc reliable innovation Purchase Agreement Montgomery County Price Est Date April 23 2014 Estimate Number MC0303PA Expiration Date May 30 2014 Prepared By Todd Jorgensen Eguipment Site License 28 663 76 Tracks the condition location history and upkeep department equipment Calculates operating costs and equipment value tracks warranty manufacturer and vendor information License amp Permits Site License 25 670 00 e Stores certifications including animal and bicycle licenses as well as weapon and fire permits e Tracks information such as expiration dates fees payments and adjustments e Allows users to print permits receipt
50. 0 Stolen Vehicle 2 2 Formatting 2 2 1 Required Fields Spillman will insert logic so that the field officer will know what fields are required 2 2 2 Conditional Fields Spillman will insert logic so that the field officer will know what fields are conditional and will show additional required fields based upon data entered 2 2 3 Optional Fields Spillman will insert logic so that the field officer will know what fields are optional 3 0 Configuration Once specification has been exchanged more details for the configuration will be determined at that time Common interface configuration items include connection authentication connection paths hard coded fields code translations archive folder paths etc 4 0 Installation Spillman will install and configure the Mobile TCIC Submission Form application once initial development is complete The application will be installed on the Spillman server as a web service running in Apache Tomcat 5 0 Testing Testing will involve Spillman and Montgomery County Both parties are required participants and this project cannot be completed without the involvement of all both parties Once Montgomery County has verified the application functions according to the project scope this project will be committed to production Project Mobile TCIC Submission Forms 3 Spillman project Dell Esri Microsoft CISCO 114 143 48 20 000 00 25 852 00 18 645 44 178 640 92 e
51. 19 Addendum 2 Note 1 Esri Maps for IBM Cognos MicroStrategy Microsoft ArcGIS Runtime Standard Level for Android iOS Dynamics CRM Office SharePoint Salesforce or Java Mac OS X Microsoft NET Framework SAP BusinessObjects 2 Addendum 2 Note 1 Windows desktop Windows Phone Windows Esri Navigator formerly ArcLogistics Navigator Store Qt or WPF 15 18 Addendum 2 Note 1 Addendum 2 Note 2 ArcGIS Engine Developer Kit and Extensions 16 19 Sourcebook America Addendum 2 Note 8 22 26 ArcGIS for Windows Mobile 15 54 Addendum 2 ArcGIS Engine for Windows Linux and Extensions Note 1 15 22 26 Addendum 2 Note 1 Addendum 2 ArcGIS for iOS ArcGIS for Windows Phone ArcGIS Note 6 for Android Addendum 2 Note 1 ArcGIS Web Mapping including ArcGIS API for JavaScript HTMLS ArcGIS API for Flex ArcGIS Server Products API for Microsoft Silverlight 15 16 64 66 ArcGIS for Server Addendum 2 Note 1 Workgroup 28 29 30 32 38 39 Addendum 2 Esri Business Analyst Server Developer Note 1 Addendum 2 Note 6 Addendum 2 Note 1 Addendum 2 Note 4 Enterprise 31 38 39 Addendum 2 Note 1 Esri Developer Network EDN Software and Data Addendum 2 Note 6 24 26 Addendum 2 Note 6 with Virtual Cloud Infrastructure 10 sri File Geodatabase API 47 Addendum 3 Common Terms ArcGIS for Server Extension Bundled Products ArcGIS for INSPIRE Addendum 2 Note 1 ArcGIS for
52. 3 also available at http www esri com legal E204 Page 1 of 7 04 26 2013 n Software means all or any portion of Esri s proprietary software technology excluding Data accessed or downloaded from an Esri authorized website or delivered on any media in any format including backups updates service packs patches hot fixes or permitted merged copies o Term License means a license or access provided for use of a Product for a limited time period Term or on a subscription or transaction basis p Value Added Application means an application developed by Licensee for use in conjunction with the authorized use of any Software Data or Online Services ARTICLE 2 INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP Products are licensed not sold Esri and its licensors own Products and all copies which are protected by United States and applicable international laws treaties and conventions regarding intellectual property and proprietary rights including trade secrets Licensee agrees to use reasonable means to protect Products from unauthorized use reproduction distribution or publication Esri and its third party licensors reserve all rights not specifically granted in this License Agreement including the right to change and improve Products ARTICLE 3 GRANT OF LICENSE 3 1 Grant of License Esri grants to Licensee a personal nonexclusive nontransferable license solely to use the Products as set forth i
53. 3PA Expiration Date May 30 2014 Prepared By Todd Jorgensen Records Management Licensing Software Civil Site License 25 670 00 Track the receipt service and return of service for all types of civil processes managed by law enforcement Enables personnel to print service worksheets returns and statements of process from a civil process record StateLink Site License 130 679 42 e Access information about wanted persons warrants stolen vehicles missing persons criminal histories vehicle registrations driver license information and other critical data with a single query into state national and other external databases See exhibit 1 for Technical Product Description Law Records Site License 156 927 74 Consolidates all law incident records into one database and provides easy to generate management reports Tracks complaints victims offenders suspects witnesses evidence vandalism arson vehicles or stolen property Pin Mapping Site License 30 830 00 e Plots jurisdictional crime data gathered in the system on a geographic map e Allows access to any piece of data record or a combination of fields from any point on the map e Provides investigators with accurate and timely data to analyze incidents and crime trends Traffic Site License 30 830 00 Monitor and improve traffic conditions with instant access to detailed accident information e Link an accident or citation record to any related
54. Brazos data fields to the equivalent Spillman data fields If fields in the Brazos software are not mapped to the Spillman software the information in the Brazos fields is added to the Comments field in the Spillman record Where necessary the interface reformats data contained in the Brazos fields to meet requirements in the Spillman tables Creating records from citation and accident data When the interface transfers citation or accident data from the Brazos software it searches the Citation Number field or the Accident Number field in their respective tables Most Brazos interfaces at Spillman customer sites do not send a Spillman citation number or accident number Therefore it is rare that a citation or accident number will be found resulting in the creation of a new Citation or Accident record in Spillman However in the rare case the export file contains the Spillman Citation or Accident number and a match is found it updates the existing Citation or Accident record with the information from the Brazos record It then searches the Spillman Name and Vehicle records for matching data Caution Inserting data into the Spillman database from a third party carries a load of data integrity risk the customer must understand and accept A perfect interface would send database key IDs so that matching is perfect Since Brazos does not send Spillman key IDs Spillman has created matching rules to reduce the risk of overwriting valid records The
55. D 1623 This Agreement shall automatically terminate upon termination of the Support Agreement for any reason including Licensee s failure to pay the required support fees 9 2 Licensee may terminate this Agreement at any time upon written notice to Spillman subject to any outstanding obligations and financial commitments of Licensee under the Purchase Agreement e g Licensee s obligation to pay license fees is not rescinded by such termination 9 3 Spillman may terminate this Agreement for Cause pursuant to Section 10 B 4 of Appendix A to DIR Contract No DIR SDD 1623 94 Upon termination of this Agreement all rights granted to Licensee 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 Licensee s possession or use of the Licensed Program Licensee must return or destroy as requested by Spillman all copies of the Licensed Program in Licensee s possession whether modified or unmodified and all other Confidential Information and other materials pertaining to the Licensed Program including all copies thereof Licensee agrees to certify Licensee s compliance with such restriction upon Spillman s request The terms of Sections 6 7 3 8 4 8 5 8 6 8 7 9 4 and 10 shall survive termination or expiration of this Agreement Section 10 Miscellaneous 10 1 DIR Contact No DIR SDD 1623 this Agreement the Purchase Agre
56. Data provided with Business Analyst for Server may not be cached or downloaded by client applications and devices Infogroup data is subject to the following terms of use Users means end users of Esri Software Any use of the Infogroup database not expressly authorized in this License Agreement is strictly prohibited Without limiting the generality of the foregoing Users are expressly prohibited from i sublicensing or reselling the Infogroup database ii using or allowing third parties to use the Infogroup database for the purpose of compiling enhancing verifying supplementing adding to or deleting from any mailing list geographic or trade directories business directories classified directories classified advertising or other compilation of information that is sold rented published furnished or in any manner provided to a third party iii using the Infogroup database in any service or product not specifically authorized in this License Agreement or offering it through any third party iv disassembling decompiling reverse engineering modifying or otherwise altering the Infogroup database or any part thereof without Infogroup s prior written consent such consent to be granted or withheld at Infogroup s sole discretion or v using the Infogroup database for any direct marketing purposes HERE data is subject to the terms of use at http corporate navteq com supplier_terms html Tele Atlas TomTom data is subject to the terms of
57. E CAUSE OF ACTION E204 Page 4 of 7 04 26 2013 7 3 Applicability of Disclaimers and Limitations Licensee agrees that the limitations of liability and disclaimers set forth in this License Agreement will apply regardless of whether Licensee has accepted Products or any other product or service delivered by Esri or its authorized distributor The parties agree that Esri or its authorized distributor has set its fees and entered into this License Agreement in reliance on the disclaimers and limitations set forth herein that the same reflect an allocation of risk between the parties and that the same form an essential basis of the bargain between the parties THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY THE FOREGOING WARRANTIES LIMITATIONS AND EXCLUSIONS MAY NOT BE VALID IN SOME JURISDICTIONS AND APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE S JURISDICTION LICENSEE MAY HAVE ADDITIONAL RIGHTS UNDER LAW THAT MAY NOT BEWAIVED OR DISCLAIMED ESRI DOES NOT SEEK TO LIMIT LICENSEE S WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW ARTICLE 8 INFRINGEMENT INDEMNITY 8 1 Esri shall defend indemnify and hold Licensee harmless from and against any loss liability cost or expense including reasonable attorneys fees that Licensee incurs as a result of any claims actions or demands by a third party alleging that Licensee s licensed use of Software or Online Services in
58. ERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER S AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy ies must be endorsed If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s PRODUCER CONTACT Sandi Roundy Diversified Insurance Group PHONE 801 325 5000 No 801 532 2804 IN X 136 E South Temple Street EMAL SroundyGdiversifiedinsurance com Suite 2300 INSURER S AFFORDING COVERAGE NAIC Salt Lake City UT 84111 INSURER A INSURED INSURERB Travelers Indemnity of America 25666 Spillman Technologies Inc INSURERC Travelers Property Casualty Co 25674 4625 West Lake Park Blvd INSURERD Travelers Property Casualty 36161 INSURER E Salt Lake City UT 84120 INSURER F COVERAGES CERTIFICATE NUMBERA11 Lines 2013 2014 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIRE
59. IR Contract No DIR SDD 1623 Customer shall pay Spillman the Support Fee as set forth in the Purchase Agreement 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 the Purchase Agreement between Spillman and Customer are charged beginning 12 months after go live 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 Agreement 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 Payment shall be in accordance with Section 7C of Appendix A DIR Contract No DIR SDD 1623 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 Customer agrees
60. LC LC 2 Meters 331 3334 8 GROUP 3 QUANTITY 2 SYSTEM PRICE 11 764 37 GROUP TOTAL 23 528 74 Description Quantity PowerEdge R720 Intel Xeon E 26XX Processors 210 ABVP 2 PowerEdge R720 Motherboard TPM 591 BBBP 2 Dell Hardware Limited Warranty Plus On Site Service Extended Year 939 2678 2 Dell Hardware Limited Warranty Plus On Site Service Initial Year 939 2768 2 Dell ProSupport Plus For tech support visit www dell com prosupport regionalcontacts 951 2015 2 ProSupport Plus Mission Critical 4 Hour 7x24 On Site Service with Emergency Dispatch 2 Year Extended 951 7896 ProSupport Plus Mission Critical 4 Hour 7x24 On Site Service with Emergency Dispatch Initial Year 951 7904 ProSupport Plus 7x24 HW SW Tech Support and Assistance 3 Year 951 7918 On Site Installation Declined 900 9997 Proactive Maintenance Service Declined 926 2979 PowerEdge R720 Shipping 331 4437 Risers with up to 6 x8 PCle Slots 1 x16 PCle Slot 331 4440 iDRAC7 Enterprise 421 5339 Brocade 825 Dual Port 8Gb Fibre Channel HBA 342 7601 Broadcom 5720 QP 1Gb Network Daughter Card 430 4418 2 5 Chassis with up to 8 Hard Drives 317 8472 Bezel 318 1375 Power Saving Dell Active Power Controller 330 5116 RAID 1 for H710P H710 H310 2 HDDs 331 4381 PERC H710 Integrated RAID Controller 512MB NV Cache 342 3529 Heat Sink for PowerEdge R720 and R720xd 331 4508 Intel Xeon E5 2650v2 2 6GHz 20M Cache 8 0GT s QPI Turbo HT
61. LOGIES WH ITE BOX CHNOLO lt N Section 2 White Box Archival Conversion As of the date of this SOW White Box has not yet received the data from the EAl and McDonald Douglas legacy systems and has only received a total table and record count of the data in the systems which is included as Attachment A As such the following portion of this SOW will need to be validated and verified that the below is feasible once data has been received It is assumed that as part of this SOW White Box will can convert the specified tables from the legacy Sperry EAl McDonald Douglas systems to a SQL server format This data will then reside a separate server and not be populated into the Spillman production system Utilizing the Spillman API White Box will develop a basic web service that will communicate via Spillman s Insight Connector to the converted SQL data for querying and historical data lookups Assumptions and Constraints e Montgomery County will provide to White Box the data in a portable format to convert e g CSV or flat files with table header layouts The data is relegated to 13 tables between the two legacy systems as outlined in attachment A e White Box will not be analyzing populating migrating cleansing or manipulating the converted SQL data into Spillman or any other Montgomery County system e A project schedule and detailed work plan with technical requirements will be developed and mutually agreed to prior to the initiation o
62. MENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE WVD POLICY NUMBER MM DD YYYY MM DD YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE 1 000 000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence 300 000 CLAIMS MADE X OCCUR 6300541P35AIND13 10 18 2013 10 18 2014 MED Exp one person 10 000 PERSONAL amp ADV INJURY 1 000 000 GENERAL AGGREGATE 2 000 000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP OP AGG 2 000 000 POLICY COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident ANY AUTO BODILY INJURY Per person ALL OWNED SCHEDULED 0541 10 18 201310 18 2014 BODILY INJURY Per accident AUTOS AUTOS NON OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident PIP Basic UMBRELLA LIAB OCCUR EACH OCCURRENCE 9 000 000 EXCESS LIAB CLAIMS MADE AGGREGATE 9 000 000 PED X ME 10 000 SMCUP0541P35ATIL13 10 18 2013 10 18 2014 WORKERS COMPENSATION WC STATU AND EMPLOYERS LIABILITY Y TORY LIMITS ANY PROPRIETOR PARTNER EXECUTIVE E L EACH ACCIDENT OFFICE
63. R MEMBER EXCLUDED Mandatory in NH E L DISEASE EA EMPLOYEE If yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE POLICY LIMIT Error and Omission Liab ZPL11T351141313 10 18 2013 10 18 2014 Each Wrongful Act Limit 3 000 000 Ded Per Claim 25 000 Aggregate Limit 3 000 000 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES Attach ACORD 101 Additional Remarks Schedule if more space is required Evidence of insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Montgomery County Darlou Zenor Director of Purchasing AUTHORIZE REPRESENTATIVE 501 North Thompson Ste 405 mem 3 Conroe TX 77301 John Campos SR SSL 7 M ACORD 25 2010 05 1988 2010 ACORD CORPORATION All rights reserved INS025 1201005 01 Tha ACORD nama and Inan ara ranictarad marke af ACORN MONTGOMERY COUNTY STATEMENT OF WORK SPILLMAN TECHNOLOGIES WH ITE BOX PROJECT NAME MONTGOMERY COUNTY DATA CONVERSION DATE 6 1 2014 This Statement of Work sets forth the roles and responsibilities assumptions scope constraints with an estimated milestone 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 mutua
64. R SDD 1623 controls This Agreement may not be modified except by a written instrument duly executed by the parties hereto 11 2 In the event that any term or provision of this Agreement is held invalid illegal or unenforceable it shall be severed and the remaining terms and provisions shall be enforced to the maximum extent permitted by applicable law 11 3 Neither party may assign its rights or duties under this Agreement without the prior written consent of the other party except to a successor of all or substantially all of its business and assets 11 4 The waiver by either party of any term or provision of this Agreement shall not be deemed to constitute a continuing waiver thereof nor of any further or additional right that such party may hold under this Agreement 11 5 This Agreement will be governed by the laws of the state of Texas The parties hereby submit to the exclusive jurisdiction and venue of Travis County Texas state 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 Nothing herein shall be construed to waive the sovereign immunity of the State of Texas 11 6 Any notices 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
65. SHARING TOOLS OR ANY OTHER SERVICE COMPONENTS LICENSEE S USE OF SHARING TOOLS IS AT LICENSEE S SOLE RISK 4 4 Retrieving Licensee s Content upon Termination Upon termination of the License Agreement or any trial evaluation or subscription Esri will make Licensee s Content available to Licensee for download for a period of thirty 30 days unless Licensee requests a shorter window of availability or Esri is legally prohibited from doing so Thereafter Licensee s right to access or use Licensee s Content with Online Services will end and Esri will have no further obligations to store or return Licensee s Content ARTICLE 5 LIMITS ON USE OF ONLINE SERVICES SERVICE CREDITS Esri may establish limits on the Online Services available to Licensee These limits may be controlled through Service Credits Service Credits are used to measure the consumption of ArcGIS Online services made available through Licensee s account The maximum Service Credits provided with Licensee s ArcGIS Online account will be addressed in the applicable Ordering Document Esri will notify Licensee s account administrator when Licensee s Service consumption reaches approximately seventy five percent 75 of the Service Credits allocated to Licensee through Licensee s subscription Esri reserves the right to suspend Licensee s account when consumption reaches one hundred percent 100 of the Service Credits allocated to Licensee s subscription Licensee s access to the account
66. Spillman Montgomery business days of Mock delivery TBD Deliver source data for go live Spillman Montgomery TBD Deliver final converted data and Exception Report s White Box TBD Cut off to sign and return project acceptance form or Spillman report issues TBD Cut off for reporting post conversion issues 45 business day Spillman Montgomery Warranty period 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 2 of 7 Effective as of 6 4 2014 MONTGOMERY COUNTY STATEMENT OF WORK SPILLMAN TECHNOLOGIES WH ITE BOX It is expected that the converted data will be implemented at the same time as the cut over to the Spillman system Source System s Full Conversion into Spillman Source Ableterm Source systems and data format Tyler Ableterm Number of total source tables Unknown estimated to be between 500 700 tables while some data was received White Box estimates there is still data that will need to be extracted and analyzed to be included for the conversion Number of Source Tables needing Analysis and Conversion Estimated that no more than 120 total source tables a final list of tables to be converted will be established prior to the beginning of the project and will be included as an Addendum to the SOW If additional tables beyond the 120 need to be converted a Chan
67. USE FOR SPECIFIC SOFTWARE The following table is a list of Esri Products that have specific Terms of Use in addition to the general Terms of Use as set forth in the General License Terms and Conditions of the License Agreement Additional Terms of Use are listed immediately below this table and are referenced by number s shown in parentheses immediately following each Product name in the following table in some cases the Additional Terms of Use referenced may be found in a separate Addendum as noted Desktop Products Esri Business Analyst for Server Address Coder 22 Addendum 2 Note 7 Workgroup 28 29 30 31 39 Addendum 2 ArcExplorer Java and Windows Editions 20 Note 1 Addendum 2 Note 4 Addendum 2 Note 1 Enterprise 31 39 Addendum 2 Note 1 ArcGIS for Desktop Advanced Standard or Basic Addendum 2 Note 4 26 Addendum 2 Note 1 Addendum 2 Note 6 Portal for ArcGIS 31 Addendum 2 Note 1 ArcGIS Explorer Desktop 20 Addendum 2 Note 1 Esri Tracking Server 31 ArcGIS for AutoCAD 20 ArcPad 12 13 Addendum 2 Note 1 Addendum 2 Developer Tools Note 2 ArcGIS Runtime SDK for Android iOS Java Mac ArcReader 20 Addendum 2 Note 1 OS X Microsoft NET Framework Windows Esri Business Analyst Addendum 2 Note 1 desktop Windows Phone Windows Store Qt or Addendum 2 Note 4 WPF 16
68. UTED A COPY OF IT AS EXCUTED BY LICENSEE In consideration of the payment of the license fees set forth in the Purchase Agreement s pertaining hereto Spillman grants Licensee a nonexclusive non transferable license to use the package of computer program s and data in machine readable form only and related materials including documentation and listings identified in the Purchase Agreement the Licensed Program subject to the terms of DIR Contract No DIR SDD 1623 and this Agreement including the restrictions with respect to Utilities set forth in Section 7 2 1 22 2 3 owned by Spillman as set forth in the Sales Quote Purchase Agreement s Purchase Agreement executed by the parties in connection with this Agreement and Spillman desires to grant such a license to Licensee pursuant to the terms and conditions of DIR Contract No DIR SDD 1623 and this Agreement In consideration of the mutual agreements set forth herein the sufficiency of which is hereby acknowledged the parties agree as follows 24 Section 2 Scope of Rights Licensee may install and use the Licensed Program only in Licensee s own facility Licensee shall give Spillman written notice if the location of Licensee s facility changes Licensee may use and execute the Licensed Program only for purposes of serving the internal needs of Licensee s business except as specifically set forth in this Agreement Licensee may make one co
69. al 4 Hour 7x24 On Site Service with Emergency Dispatch 2 Year Extended 951 7896 2 ProSupport Plus Mission Critical 4 Hour 7x24 On Site Service with Emergency Dispatch Initial Year 951 7904 ProSupport Plus 7x24 HW SW Tech Support and Assistance 3 Year 951 7918 On Site Installation Declined 900 9997 Proactive Maintenance Service Declined 926 2979 PowerEdge R720 Shipping 331 4437 Risers with up to 6 x8 PCle Slots 1 x16 PCle Slot 331 4440 iDRAC7 Enterprise 421 5339 Brocade 825 Dual Port 8Gb Fibre Channel HBA 342 7601 Broadcom 5720 QP 1Gb Network Daughter Card 430 4418 2 5 Chassis with up to 8 Hard Drives 317 8472 Bezel 318 1375 Power Saving Dell Active Power Controller 330 5116 RAID 1 for H710P H710 H310 2 HDDs 331 4381 PERC H710 Integrated RAID Controller 512MB NV Cache 342 3529 Heat Sink for PowerEdge R720 and R720xd 331 4508 Intel Xeon E5 2650v2 2 6GHz 20M Cache 8 0GT s QPI Turbo HT 8C 95W Max Mem 1866MHz 338 BDBD DIMM Blanks for Systems with 2 Processors 317 8688 Heat Sink for PowerEdge R720 and R720xd 331 4508 FP NN NNN DN No NM ON file C Users bobby powell AppData Local Microsoft Windows INetC ache Content Outlook VF I2BPGA Quote 680675572 html 4 21 2014 Quote Summary 680675572 Intel Xeon E5 2650v2 2 6GHz 20M Cache 8 0GT s QPI Turbo HT 8C 95W Max Mem 1866MHz 2nd Proc 338 BDBS 2 16GB RDIMM 1866MT s Standard Volt Dual Rank x4 D
70. amages or attorneys fees for any claims or demands alleging direct or contributory infringement to the extent arising out of 1 the combination or integration of Software or Online Services with a product process or system not supplied by Esri or specified by Esri in its Documentation ii material alteration of Software or Online Services by anyone other than Esri or its subcontractors or iii use of Software or Online Services after modifications have been provided by Esri for avoiding infringement or use after a return is ordered by Esri under Section 8 2 8 4 THE FOREGOING STATES THE ENTIRE OBLIGATION OF ESRI AND ITS AUTHORIZED DISTRIBUTOR WITH RESPECT TO INFRINGEMENT OR ALLEGATION OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY ARTICLE 9 GENERAL PROVISIONS 9 1 Future Updates Use of Products licensed under this License Agreement is covered by the terms and conditions contained herein New or updated Products may require additional or revised terms of use under the then current Esri License Agreement Esri will make new or revised terms of use available at http www esri com legal software license or provide notice of new or revised terms to Licensee 9 2 Export Control Regulations Licensee expressly acknowledges and agrees that Licensee shall not export reexport import transfer or release Products in whole or in part to 1 any US embargoed country ii any person on the US Treasury Department s list of Sp
71. as reasonably requested to verify Licensee s compliance with this License Agreement Esri may monitor the external interfaces e g ports of Licensee s content to verify Licensee s compliance with this License Agreement Licensee will not block or interfere with such monitoring but Licensee may use encryption technology or firewalls to help keep its content confidential Licensee will reasonably cooperate with Esri to identify the source of any problem with the ArcGIS for Server with Virtual Cloud Infrastructure services that may reasonably be attributed to Licensee s content or any end user materials that Licensee controls Reserved Software is licensed for navigational use only when used in conjunction with ArcLogistics Dual Use License means the Software may be installed on a desktop computer and used simultaneously with either a personal digital assistant PDA or handheld mobile computer as long as the Software is only used by a single individual at any one 1 time Reserved Licensed as a Deployment License subject to Article 3 Section 3 1 of the General License Terms and Conditions Licensee may use the SDKs or APIs to create Value Added Applications and distribute and license those Value Added Applications to its end users to use the Value Added Applications anywhere not prohibited under export regulation subject to Article 3 Section 3 1 of the General License Terms and Conditions Reserved The Deployment Licen
72. assified controlled technical information UCTD under DFARS 204 73 or is protected health information PHI under the Health Insurance Portability and Accountability Act HIPAA 2 5 Evaluations Esri may provide licenses to use certain Services for Licensee s internal evaluation purposes Such licenses continue until the stated evaluation period expires or until Licensee purchases a subscription whichever occurs first IF LICENSEE DOES NOT CONVERT LICENSEE S EVALUATION LICENSE TO A SUBSCRIPTION PRIOR TO EXPIRATION OF THE EVALUATION TERM ANY CONTENT AND CUSTOMIZATIONS THAT LICENSEE UPLOADED OR MADE DURING THE EVALUATION TERM WILL BE PERMANENTLY LOST IF LICENSEE DOES NOT WISH TO PURCHASE A SUBSCRIPTION LICENSEE MUST EXPORT SUCH CONTENT BEFORE THE END OF LICENSEE S EVALUATION PERIOD 2 6 Modifications of Online Services Esri reserves the right to alter or modify Online Service s and related APIs at any time If reasonable under the circumstances Esri will provide thirty 30 days prior notice of any material alterations 2 7 Discontinuation or Deprecation of Online Services Esri reserves the right to discontinue or deprecate an Online Service s and related API s at any time If reasonable under the circumstances Esri will provide ninety 90 days prior E300 Page 10 of 16 02 21 2014 notice of any Online Service discontinuation or deprecation Esri will attempt to support any deprecated APIs for up to six 6 months unless there are legal
73. at information The agency must provide ANI ALI IP network port information including o ANI ALI equipment IP Address o CADIP port number o Whether the ANI ALI equipment will serve as an IP host or client The agency must provide a static IP address and computer name for each Spillman 9 1 1 dispatch station The agency must provide the ANI ALI station number for each Spillman 9 1 1 dispatch station Hardware ANI ALI equipment that is installed and functional An IP network connection from the Spillman server to the ANI ALI equipment Software Spillman CAD module version 4 6 or greater spillman chnologies inc Documentation User documentation is included in the Spillman CAD User s Guide Administrator documentation is located in the Spillman SAA Application Setup and Maintenance Manual Training User training is part of standard call taking and dispatch training for new agencies Administrator training is part of the administrator training for CAD User Information The E9 1 1 Interface enables a CAD dispatcher to populate new CAD calls with information from a recently answered E9 1 1 call The caller s name phone number and location can be automatically populated in the CAD call The How Received field can also be automatically populated with a code indicating the call came via 9 1 1 Dispatchers may update the call location in the CAD call from an ANI ALI re bid by clicking the Lookup button in the Address field
74. ata Flow A one way exchange wherein Spillman initiates a data push of false alarm 911 calls CryWolf consumes this data and loads it into their database for their use 1 2 Data Packages Message Types The Cry Wolf Interface will have one data package false alarm 911 call information 1 3 Data Mapping Spillman will map all data elements to CryWolf according to their API specification The data elements to be included but not limited to are complainant address phone number date amp time and related tables Spillman will work with Montgomery County to ensure all fields are mapped to the correct destination in Cry Wolf s database 1 4 Code Tables As with all data exchanges from one system to another there are Code Tables drop down lists that have to be the same in both systems to keep data integrity Montgomery County is responsible to ensure Code Tables are in sync 1 5 Interface Triggers Spillman will initiate a data push to CryWolf sending current false alarms 911 calls and related data 2 0 Connection Method The Cry Wolf API has not been provided at this time The connection methodology is unknown however Spillman supports multiple connection methods including web services TCP IP file drop ftp sftp and other commonly used methods 3 0 Configuration Once specification has been exchanged more details for the configuration will be determined at that time Common interface configuration items include conne
75. ata Width 370 AAWL 24 1866MT s RDIMMs 370 AAWM 2 Performance Optimized 331 4428 2 300GB 15K RPM SAS 6Gbps 2 5in Hot plug Hard Drive 342 2240 4 Electronic System Documentation and OpenManage DVD Kit for R720 and R720xd 331 5914 2 DVD RW SATA INTERNAL 313 9090 2 ReadyRails Sliding Rails With Cable Management Arm 331 4433 2 Dual Hot plug Redundant Power Supply 1 1 750W 331 4605 2 Power Cord NEMA 5 15P to C13 15 amp wall plug 10 feet 3 meter 310 8509 4 Red Hat Enterprise Linux Non Factory Install x64 Reqs Subscription Selection 421 4727 2 Red Hat Enterprise Linux 1 2 Socket 3yr Subscription 1 virtual guest 421 5721 2 Red Hat Enterprise Linux 6 5 Media Only X86 64 No Subscription Factory Install 421 5737 2 GROUP 2 QUANTITY 2 SYSTEM PRICE 31 056 71 GROUP TOTAL 62 113 42 Description Quantity PowerVault MD3620f 8G Fibre Channel 210 ABIL 2 Ship Group MD3620F Dell Americas Organization 340 AFFZ PowerVault MD36xxf 4G Cache Controller 403 BBDC PowerVault MD36xxf 4G Cache Controller 403 BBDC HD Multi Select 341 4158 2x SFP Fibre Channel 8 8Gb 331 3387 2x SFP Fibre Channel 8 8Gb 331 3387 2x SFP Fibre Channel 8 8Gb 331 3387 2x SFP Fibre Channel 8 8Gb 331 3387 Bezel Assembly MD3620f 318 1144 ReadyRails II Static Rails for 4 post Racks 770 BBCL Dell ProSupport Plus For tech support visit www dell com prosupport regionalcontacts 951 2015 Dell Hardware Limited Warranty Init
76. bining and including such output in one or more files or databases and ii making such output available through a multiuser computer application For clarity end users may save Reports locally for their own internal use For publicly facing Value Added Applications developed with Business Analyst Online API Canadian Edition Reports and Data may be produced or exported in static formats only e g JPEG PDF Licensee must ensure that Licensee s Value Added Application does not allow Canadian Edition Reports to be exported as CSV XML HTML or XLS files or in any other format that readily enables extraction or manipulation of the file s contents Licensee is solely responsible for providing technical support for Licensee s Value Added Application s Page 15 of 16 02 21 2014 ADDENDUM 4 LIMITED USE PROGRAMS E300 4 This Limited Use Programs Addendum Addendum 4 applies to any Licensee that has been qualified by Esri or its authorized distributor to participate in any of the programs described herein This Addendum 4 includes the Licensee s existing master license agreement if any or the License Agreement found at http www esri com legal software license as applicable the License Agreement which is incorporated by reference This Addendum 4 takes precedence over conflicting terms of the License Agreement Esri reserves the right to update the terms from time to time Educational Programs 1 Home Use
77. ble Mapping Document Montgomery e 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 Inform White Box of issues impacting conversion Ensure prompt and accurate delivery of source data for mock and final data extraction Promptly answer technical and or business operation questions Review provide feedback and approve Table Mapping Document and mock conversion per schedule White Box will provide a code mapper tool for Montgomery s use to provide generate and validate code maps for use in the conversion o O 0 0 0 White Box e Project Manager o Manage project scope schedule and performance o Coordinate conversion activities with Spillman o Work with Spillman to resolve issues e Data Analyst Engineer 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 1 of 7 Effective as of 6 4 2014 MONTGOMERY CouNTY STATEMENT OF WORK SPILLMAN TECHNOLOGIES WH ITE BOX o Work with Spillman and Montgomery to develop the conversion rules and resolve issues identified during mock s and final conversion Retrieve and prepare source data and setup other applicable systems build test run conversion and deliver converted data Section 1 Full Data Conversion of Ableterm Aleir Enroute into Spillman Assumptions and Co
78. ble for Named Users compliance with this Agreement Licensee and Licensee s Named Users or Anonymous Users if applicable are the only persons authorized to access Online Services through Licensee s accounts Named Users login credentials are for designated Named Users only and may not be shared among multiple individuals Named Users login credentials may be reassigned to new Named Users if the former users no longer require access to Online Services Licensee and Licensee s Named Users are responsible for maintaining the confidentiality of Authorization Codes Access Codes Named Users login credentials or any other method that is provided that enables access to Online Services and for ensuring that unauthorized third parties do not access Licensee s account Licensee will immediately notify Esri if Licensee becomes aware of any unauthorized use of Licensee s account or any other breach of security 2 4 Prohibited Uses of the Online Services In addition to the prohibited uses or except as provided under the License Agreement Licensee shall not 1 attempt to gain unauthorized access to the Online Services or assist others to do so ii use Online Services for spamming to transmit junk e mail or offensive or defamatory material or for stalking or making threats of physical harm iii use Online Services to store or transmit software viruses worms time bombs Trojan horses or any other computer code files or programs designed to interrupt dest
79. bsite noncommercial Constituent Served Model Permits a municipal government Licensee to use the Data in an externally facing Value Added Application serving a defined population provided Licensee does not generate revenue from such use Public website commercial Known User Permits Licensee to use the Data in an externally facing Value Added Application for use by named users and to generate revenue from such Value Added Application Public website commercial Anonymous User Permits Licensee to use the Data in an externally facing Value Added Application for general use and to generate revenue from such Value Added Application 6 Data and Maps for ArcGIS The Data is available to licensed users of ArcGIS for Desktop ArcGIS for Server and ArcGIS Online Data and Maps for ArcGIS is provided for use solely in conjunction with authorized use of ArcGIS for Desktop ArcGIS for Server and ArcGIS Online E300 a Licensee may redistribute the Data as described in the Redistribution Rights Matrix available at http www esri com legal redistribution rights in the Help system or in supporting metadata files subject to the specific attribution descriptions and requirements for the dataset accessed StreetMap Data may be used for mapping geocoding and routing purposes but is not licensed for dynamic routing purposes For instance StreetMap USA may not be used to alert a user about upcoming maneuvers such as warning of an upcoming turn or t
80. c Customer with authority to bind the Public Customer to these terms and conditions and 2 you have read and agree to be bound by these terms and conditions Pricing Taxes and Additional Information All product pricing and other information is valid for U S customers and U S addresses only and is based on the latest information available and may be subject to change Dell reserves the right to cancel quotes and orders arising from pricing or other errors Salestax on products shipped is based on your Ship To address and for software downloads is based on your file C Users bobby powell AppData Local Microsoft Windows INetC ache C ontent Outlook VF I2BPGA Quote_680675572 html 4 5 4 21 2014 Quote Summary 680675572 Bill To address Please indicate any tax exempt status on your PO and fax your exemption certificate including your Customer Number to the Dell Tax Department at 800 433 9023 Please ensure that your tax exemption certificate reflects the correct Dell entity name Dell Marketing L P Note All tax quoted above isan estimate final taxes will be listed on the invoice If you have any questions regarding tax please send an e mail to Tax Department dell com For certain products shipped to end users in Califomia a State Environmental Fee will be applied to your invoice Dell encourages customers to dispose of electronic equipment properly All information supplied to TX MONTGOMERY COUNT Y for the purpose of this proposal isto
81. ce running in Apache Tomcat 5 0 Testing Testing will involve Spillman Montgomery County and Foray All three are required participants and this project cannot be completed without the involvement of all three parties Spillman will test on the Montgomery County Spillman server receiving callout requests from Foray and returning case information to the request Once Montgomery County has verified the mapping and has determined that the mappings are correct and in accordance to their mapping document and are satisfied with the import into Foray the switch to live will take place Project Foray Technologies Evidence Interface 3 Project CryWolf False Alarm Interface Montgomery County TX Scope of Work Document Last Revision 6 5 2014 spillman technologies inc Scope of Work Document puma inc Table of Contents Project Summary iassosushuasusRERRRERSRERRREREARFRRRKRSRERERERSRERARERZAKREAKRSRENENENMRNE 1 Project VET VE M 1 Project Details 552225a 552 x0 aR 2 SSIS OTS ERE EE UTE 2 Pr jec t REVIEW NERA 2 Scope Definitio iiaasseuaxusuandsuEuEEANEAEMEEE ULCUS aaa 3 Requirements x c m 3 Project CryWolf False Alarm Interface 2 spillman Scope of Work Document echnologies inc Project Summary Number Title CryWolf False Alarm Interface Code Name Project Type or Montgomery County TX Customer Softwar
82. cept for system maintenance and updating of databases while the primary site or any other redundant site is operational Redundant Software installation for failover operations is not permitted Reserved The ArcGIS 3D Analyst for Server extension included with ArcGIS for Server Standard Workgroup or Enterprise may be used only for generating globe data cache s or publishing a globe document as an ArcGIS Globe Service No other use of the ArcGIS 3D Analyst for Server extension Software is permitted with ArcGIS for Server Standard Any editing functionality included with ArcGIS for Server is not permitted for use with ArcGIS for Server Basic Workgroup or Enterprise Reserved end users Reserved ArcGIS for Windows Mobile Deployments are licensed for use with ArcGIS for Server Enterprise Advanced or Standard ArcGIS for Server Workgroup Advanced ArcGIS for Desktop Advanced Standard Basic and ArcGIS Engine Value Added Applications Reserved Value Added Application s for web deployment must be used in conjunction with other Esri Product s Third party technologies may also be used in conjunction with Value Added Application s as long as the Value Added Application s is always used in conjunction with other Esri Product s Reserved to a principal registered unique domain identifier Domain is the Internet domain name registered with a domain name registrar For instance in example com example com is the registered unique
83. cle LA MA Modify Stolen Article MA QA Query Stolen Article QA XA Cancel Stolen Article XA Stolen Vehicles CV Clear Stolen Vehicle CV EV Enter Stolen Vehicle EV A EV F EV P LV Locate Stolen Vehicle LV LQ Stolen Vehicle Recovery LQ Network Notification custom MV Modify Stolen Vehicle MV QV Query Stolen Vehicle QV XV Cancel Stolen Vehicle XV Vehicle REG MVD Registration Inquiry REG Registration RQCAD CAD Vehicle Registration QV REG STK Inquiry RQL NLETS TEXAS Vehicle REG RQ Registration Inquiry RQSL NLETS Vehicle RQSL Registration Stolen Inquiry RSL Texas Registration Stolen by QV REG STK License Warrants CW Clear Wanted Person CW EW Enter Wanted Person EW LW Locate Wanted Person LW MW Modify Wanted Person MW QW TCIC NCIC Wanted Person QW Inquiry XW Cancel Wanted Person XW TCIC NCIC spillman Brazos XML Interface technologies inc Technical Product Description Description The Brazos XML Interface transfers information from the Brazos Crash and Citation forms to the Spillman Accidents and Citations software Each time a user creates a Crash or a Citation record in the Brazos software the interface creates the following in the Spillman software e Anew Traffic Citation and or an Accident record e Anew Name record if an existing Name record could not be matched If a new Name record is created it will be linked to the Accident or Citation record If an existing Name record is matched a link will be created
84. ction authentication connection paths hard coded fields code translations archive folder paths etc 4 0 Installation Spillman will install and configure the CryWolf Interface once initial development is complete The interface will be installed on the Spillman server as a web service running in Apache Tomcat 5 0 Testing Testing will involve Spillman Montgomery County and CryWolf All three are required participants and this project cannot be completed without the involvement of all three parties Once Montgomery County has verified the mapping and has determined that the mappings are correct and in accordance to their mapping document and are satisfied with the import into Cry Wolf the switch to live will take place Project CryWolf False Alarm Interface 3 Project Mobile TCIC Submission Forms Montgomery County TX Scope of Work Document Last Revision 6 5 2014 spillman technologies inc Scope of Work Document puma inc Table of Contents Project Summary iassosushuasusRERRRERSRERRREREARFRRRKRSRERERERSRERARERZAKREAKRSRENENENMRNE 1 Project VET VE M 1 Project Details 552225a 552 x0 aR 2 SSIS OTS ERE EE UTE 2 Pr jec t REVIEW NERA 2 Scope Definitio iiaasseuaxusuandsuEuEEANEAEMEEE ULCUS aaa 3 Requirements x c m 3 Project Mobile TCIC Submission Forms 2 spillman Scope of Work Document echnologies inc Project Summary
85. d 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 Agreement The services identified in this section are specifically NOT covered by this Agreement Spillman strongly recommends that Customer secure a separate support agreement with third party vendors for all non Spillman products Spillman may in its discretion provide such services to Customer upon request for an additional fee as the parties may agree in writing 41 Support for any third party products including hardware or support for hardware failure due to the use of any third party vendor products 4 2 Any network failures or problems including but not limited to cabling communication lines routers connectors and network software License and Support Agreements spillman chnologies inc reliable innovation 4 3 4 4 4 5 4 6 4 7 4 8 4 9 Restoration and or recovery of data files and or the operating system Any breach of warranty damages to the Licensed Program or its database data corruption or support issues security issues or performance issues arising out of Licensee s or a third party s use of the Utilities or any other software not specifically licensed by Spillman to Licensee for use in connection with the Licensed Program Any assistance provid
86. d through the third party s use of Licensee s Value Added Application s that have been transferred to or implemented on the third party s ArcGIS Online account d Licensee is not permitted to invite licensees of an ArcGIS Online Public Plan to participate in private groups This restriction also applies to licensees of Education Plan accounts and NPO NGO Plan accounts d For ArcGIS Online Public Plan accounts Development and Testing Plan accounts Education Plan accounts and NPO NGO use of ArcGIS Online for Organizations accounts Licensee is not permitted to charge an additional fee to third parties to access Licensee s Value Added Application s or generate more than incidental advertising revenue as a consequence of the deployment or use of the Value Added Application s Charging a fee to access Licensee s Value Added Application s or generating more than incidental advertising revenue requires an ArcGIS Online ELA ArcGIS Online for Organizations or paid Developer Plan account e For ArcGIS Online Public Plan accounts i Public Plan accounts are licensed for the personal use of an individual Any use of Public Plan accounts by an individual for the benefit of a for profit business or a government agency is prohibited This restriction does not apply to educational institutions when used for teaching purposes only qualified NGO NPO organizations and press or media organizations Individuals affiliated with these specific types of o
87. ded cost and or schedule delay Optional Services Additional Conversions 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 Montgomery Additional 3rd party Review and correction of legacy data through use of third party commercially available Validation reference applications to provide assurance that data is adequate for its intended use Enhanced Data Amending correcting removing or defaulting inaccurate incomplete duplicated or Cleansing 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 Any data that has financial components fees obligations payments etc that needs to be Conversion calculated converted and populated into the target 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 Page 4 of 7 Effective as of 6 4 2014 MONTGOMERY CouNTY STATEMENT OF WORK SPILLMAN TECHNO
88. definition of Named Users iv Licensee is responsible for any fees accrued through the use of Licensee s ArcGIS Online account by third parties accessing Licensee s Value Added Application s This includes Service Credits required to support third party Online Services usage and any additional subscription fees for Online Services as required v Licensee is solely responsible for providing technical support for Licensee s Value Added Application s vi Licensee will restrict third party use of Online Services as required by the terms of this Agreement vii Licensee may not remove or obscure any trademarks or logos that would normally be displayed through the use of the Online Services without written permission c For ArcGIS Online ELA ArcGIS Online for Organizations and paid Developer Plan accounts i Licensee is also permitted to 1 Charge an additional fee to third parties to access Licensee s Value Added Application s subject to the terms of this License Agreement or E300 Page 13 of 16 02 21 2014 2 Transfer Licensee s Value Added Application s to a third party s ArcGIS Online account subject to the following a Licensee may charge third parties a fee for Licensee s Value Added Application s b Licensee is not obligated to provide technical support for the third party s general use of its ArcGIS Online account not related to Licensee s Value Added Application s c Licensee is not responsible for any fees accrue
89. dle or independently use individual or component parts of Software Online Services or Data Incorporate any portion of the Product into a product or service that competes with any Product Publish or in any other way communicate the results of benchmark tests run on Beta without the prior written permission of Esri and its licensors or 1 Use incorporate modify distribute provide access to or combine any computer code provided with any Product in a manner that would subject such code or any part of the Product to open source license terms which includes any license terms that require computer code to be i disclosed in source code form to third parties 1 licensed to third parties for the purpose of making derivative works or iii redistributable to third parties at no charge ga A p ARTICLE 5 TERM AND TERMINATION This License Agreement is effective upon acceptance Licensee may terminate this License Agreement or any Product license at any time upon written notice to Esri Either party may terminate this License Agreement or any license for a material breach that is not cured within ten 10 days of written notice to the breaching party except that termination is immediate for a material breach that is impossible to cure Upon termination of the License Agreement all licenses granted hereunder terminate as well Upon termination of a license or the License Agreement Licensee will i stop accessing and using affected Product
90. e Versions Spillman 6 3 Product Module Project Overview Montgomery County will use CryWolf to manage track and process invoices for False Alarms This project builds a one way interface between Spillman CAD and CryWolf false alarm solutions This custom interface project is part of a larger contract wherein Montgomery County has purchased the Spillman system Therefore Spillman will build the interface to meet the needs of Montgomery County within the parameters of possibilities contained in the Spillman API and CryWolf API Project CryWolf False Alarm Interface 1 Scope of Work Document Stakeholders Department or Agency Name Mari Lambrecht Marshall Shirley Peggy Frankhouser TBD David Halladay Project Review Montgomery County Montgomery County Montgomery County Spillman Spillman Spillman spillman technologies inc Project Details Title or Role Systems Analyst Director of County IT Captain Sheriff s Office Implementation Project Manager Development Project Manager mari lambrechtemctx org Marshall Shirleyemctx org Peggy Frankhouser mctx org dhalladay spillman com jbutters spillman com Agency Department 5 1 2014 Author Doug Leffler Spillman Project CryWolf False Alarm Interface spillman Scope of Work Document technologies inc Scope Definition Requirements 1 0 Data Exchange 1 1 D
91. e installed on multiple computers for use by any Licensee EDN developer all other EDN Software is licensed as a Single Use License Reserved An ArcSDE Personal Edition geodatabase is restricted to ten 10 gigabytes of Licensee s data Reserved Use is limited to ten 10 concurrent end users of applications other than ArcGIS for Server applications This restriction includes use of ArcGIS for Desktop Software ArcGIS Engine Software and third party applications that connect directly to any ArcGIS for Server geodatabase There are no limitations on the number of connections from web applications Software can only be used with a supported version of SQL Server Express Supported versions are listed with the system requirements for the product on the Esri website Use is restricted to a maximum of ten 10 gigabytes of Licensee s data Page 3 of 16 02 21 2014 31 32 33 37 38 39 40 46 Licensee may develop and distribute Value Added Applications that use Esri File Geodatabase API to Licensee s 48 53 54 55 63 64 65 For desktop applications each license is per organization For purposes of this license organization is equivalent E300 Licensee may have redundant Esri Server Software installation s for failover operations but the redundant Software can only be operational during the period the primary site is nonoperational The redundant Software installation s shall remain dormant ex
92. e s end users collectively Users Any use of Data that is not expressly authorized in Section 2 or elsewhere in the License Agreement is strictly prohibited Without limiting the generality of the foregoing Licensee shall ensure Users are prohibited from 1 cobranding Data ii using the Data in any unauthorized service or product or iii offering Data through or on behalf of any third party SECTION 2 SPECIFIC TERMS OF USE FOR DATA The following table is a list of Esri Products that have specific Terms of Use in addition to the general Terms of Use as set forth in the General License Terms and Conditions of the License Agreement Additional Terms of Use are listed immediately below this table and are referenced by number s shown in parenthesis immediately following each Product name in the following table ArcGIS Online Data 1 Business Analyst Location Analytics Data 4 10 StreetMap Premium for ArcGIS 2 Demographic Consumer and Business Data Esri StreetMap for Windows Mobile 2 Data 5 10 StreetMap for ArcPad 2 Data and Maps for ArcGIS 6 StreetMap Premium for ArcGIS for Transportation Address Coder Data 7 10 Analytics 2 Addendum 1 Note 1 SourcebookeAmerica Data 8 10 HERE Traffic Data 11 Addendum 1 Note 1 Esri MapStudio Data 9 Data Appliance for ArcGIS 3 Notes f you do not license any of the Products in the table above these Additional Terms of Use do
93. ecially Designated Nationals iii any person or entity on the US Commerce Department s Denied E204 Page 5 of 7 04 26 2013 Persons List Entity List or Unverified List or iv any person or entity or into any country where such export reexport or import violates any US local or other applicable import export control laws or regulations including but not limited to the terms of any import export license or license exemption and any amendments and supplemental additions to those import export laws as they may occur from time to time 9 3 Taxes and Fees Shipping Charges License fees quoted to Licensee are exclusive of any and all taxes or fees including but not limited to sales tax use tax value added tax VAT customs duties or tariffs and shipping and handling charges 9 4 No Implied Waivers The failure of either party to enforce any provision of this License Agreement shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision 9 5 Severability The parties agree that if any provision of this License Agreement is held to be unenforceable for any reason such provision shall be reformed only to the extent necessary to make the intent of the language enforceable 9 6 Successor and Assigns Licensee shall not assign sublicense or transfer Licensee s rights or delegate Licensee s obligations under this License Agreement without Esri s and its authorized distributor
94. ecord 4 Last Name First Name and Date of Birth This matching rule is very difficult to match on and extremely rare If a name has made it this far without finding a match it will likely get a new Name record Vehicles The interface will compare the following sets of data in the given order until a match is found If a match is found using rule 1 then it does not continue to match for the remaining rules Likewise if a match is found using rule 2 If a match is never found a new Vehicle record will result The rules 1 Spillman Vehicle Number This is not given by Brazos and is therefore never found The logic moves on to rule number 2 2 VIN Number License Plate Number and State If the software finds a match the data from Brazos is updated into the matching records Names Vehicles Citations and Accidents If the match is not found then new records will be added The interface then links the Citation or Accident record to the Name and Vehicle record If a Spillman field is blank the interface enters the data from the corresponding Brazos field into the blank Spillman field If a Spillman field contains data the data from the corresponding Brazos field will override the existing data in the Spillman field If any of the previously listed fields do not match between the Citation and Name record the system searches for that person s nmhistry record If their nmhistry record does not exist a new nmhistry record is created
95. ed Authorization Codes to third parties g Documentation means all user reference documentation that is delivered with the Software h Online Services means any Internet based geospatial system including applications and associated APIs but excluding Data or Content hosted by Esri or its licensors for storing managing publishing and using maps data and other information i Ordering Document s means a sales quotation purchase order or other document identifying the Products that Licensee orders j Perpetual License means a license to use a version of a Product for which applicable license fees have been paid indefinitely unless terminated by Esri or Licensee as authorized under this Agreement k Product s means Software Data Online Services and Documentation licensed under the terms of this License Agreement Sample s means sample code sample applications add ons or sample extensions of Products m Service Credit s means a unit of exchange that is allocated with an Online Services subscription in an amount specified in the Ordering Document Each Service Credit entitles Licensee to consume a set amount of Online Services the amount varying depending on the Online Services being consumed As Online Services are consumed Service Credits are automatically debited from Licensee s account up to the maximum number of Service Credits available Additional Service Credits can be purchased as described in Addendum
96. ed by Spillman in resolving such problems shall be charged to Customer on a time and materials basis Additionally any unauthorized use of the Utilities or other software in connection with the Licensed Program by Licensee or by a third party with Licensee s knowledge may result at Spillman s sole option in voidance of warranties an increase in the annual maintenance and support fees under this Agreement and or loss of rights to upgrades under this Agreement Customer acknowledges and agrees that it is not licensed to utilize the write or update features of the Utilities as such use may damage the database or cause other problems with the operation of the Licensed Program Support for Licensed Program problems caused by Customer misuse alteration or damage to the Licensed Program or Customer s combining or merging the Licensed Program 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 Supporting configuring maintaining or upgrading the operating system including but not limited to backups restores fixes and patches Assistance with problems caused by operating system installation configuration errors maintenance or repa
97. ement and the Support Agreement if applicable together with their attachments if any constitute the complete agreement between the parties with respect to the Licensed Program 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 In the event of any conflict between DIR Contract No DIR SDD 1623 and this Agreement the DIR Contract will control 10 2 Assignments shall be in accordance with Section 4 D of Appendix A of DIR Contact No DIR SDD 1623 10 3 This Agreement will be governed by the laws of the state of Texas The parties hereby submit to the exclusive jurisdiction and venue of Montgomery County TX state courts with respect to any action between the parties relating to this Agreement Nothing herein shall be construed to waive the sovereign immunity of the State of Texas 10 4 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 the future to exercise such right or power or to insist on strict compliance 10 5 Any notices required or permitted under this Agreement shall be in writing and delivered in person or sent by regist
98. ents are not met 211 Customer must have a valid License Agreement for the Licensed Program in effect at all times 2 1 2 The Licensed Program must be operated on a hardware platform approved by Spillman and 2 1 8 Customer must be current and in compliance with the payment schedule as agreed in the Purchase Agreement 2 2 Spillman may require Customer to appoint a new Spillman Application Administrator if Spillman 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 Agreement Term Spillman shall render the following services in support of the Licensed Program during Coverage Hours 3 1 Spillman shall maintain a Support Services Control Center capable of receiving from the Spillman Application Administer by telephone reports of any software irregularities and requests for assistance in use of the Licensed Program 3 2 Spillman shall maintain a trained staff capable of rendering support services set forth in this 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 in a diligent manner toward development of an Error Correction Fol
99. ered or certified mail return receipt requested with proper postage affixed or sent by commercial overnight delivery service with provisions for a receipt 10 6 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 10 7 In the event export of the Licensed Program is expressly permitted by Spillman Licensee may only export the Licensed Program including any related materials as authorized by U S law and any other applicable jurisdiction In particular the Licensed Program may not be exported into any country where such export is prohibited by law regulation or governmental order SPILLMAN DESIRES THAT LICENSEE BE CONFIDENT THAT THE LICENSED PROGRAM WILL SUIT LICENSEE S NEEDS ALTHOUGH LICENSEE MUST MAKE THAT DETERMINATION SPILLMAN IS PREPARED TO FULLY DISCUSS THE LICENSED PROGRAM WITH LICENSEE AND ANSWER QUESTIONS BY EXECUTING THIS AGREEMENT LICENSEE ACKNOWLEDGES THAT IT HAS BEEN GIVEN AN ADEQUATE OPPORTUNITY TO INVESTIGATE LICENSEE S COMPUTER AND SOFTWARE NEEDS AND THAT BASED ON ITS EXAMINATION OF THE LICENSED PROGRAM LICENSEE FINDS THE LICENSED PROGRAM TO BE SATISFACTORY License and Support Agreements
100. ersion 10096 success rate of duplicate records is not guaranteed e Any addresses that are part of the data conversion will not be geo verified for Spillman use e Code configuration and maintenance tables will not be populated in the target system by White Box Work performed under this SOW is under warranty by White Box for forty five 45 business 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 Montgomery following acceptance of the Table Mapping document and or mock conversion are not included in this SOW Estimated Key project milestones full conversion into Spillman TBD Deliver Source data and code tables to White Box Spillman Montgomery TBD Deliver Table Mapping Document White Box TBD Sign off on Table Mapping Document and code mapping Spillman Montgomery within 15 business days of TMD delivery TBD Deliver first mock converted data and Exception Report s White Box TBD Cut off for providing feedback on mock conversion within 15 Spillman business days of Mock delivery TBD Deliver second mock converted data and Exception White Box Report s TBD Cut off for providing feedback on mock conversion within 15 Spillman Montgomery business days of Mock delivery TBD Deliver third mock converted data and Exception Report s White Box TBD Cut off for providing feedback on mock conversion within 15
101. ery County Exhibit 3 Spillman s hardware and installation team have reviewed the hardware details and deem it sufficient and robust The hardware listed will run the Spillman application and software effectively We believe the proposed hardware to be optimal for this type of installation Recommended hardware for Jail mug shots is also referenced in Exhibit 3 Hardware 3rd Party Total Provided by MC Page 6 of 9 This quote is confidential and proprietary information to Spillman Technologies Inc 2012 Y G 1 an www spillman com technologies inc reliable innovation Purchase Agreement Montgomery County Price Est Date April 23 2014 Estimate Number MC0303PA Expiration Date May 30 2014 Prepared By Todd Jorgensen Professional Services Project Manager Builds Agency Installation And Training Schedule Handles Logistics Of Project Implementation PMP Certified Installation On Site Installation Of Software Test And Perform Initial Configuration Installation And Testing Of System Interfaces Project Manager Training Montgomery Project Team Training Change Management Plan Developed Process Analysis Conducted Data Migration And Server Installation Training 35 Weeks Of On Site Training End User Training For All Montgomery So Personnel For Applicable Modules Lesson Manuals Provided Web Based Training For On Going Training Support Documentation Provided Detailed Manuals For On Going Reference G
102. es e Perform state and federal searches simultaneously with one query Mobile Law Forms to Include CRASH Forms Site License 183 724 68 Enables officers to quickly complete forms directly from the patrol vehicle e Stores form information in the Spillman RMS solution which can be electronically routed for approval Spillman Touch Site License 51 374 00 e Provides access dispatch information and receive call assignments using a mobile device e Searches for name vehicle property and incident records from a mobile device Mobile Total 502 999 32 Page 4 of 9 This quote is confidential and proprietary information to Spillman Technologies Inc O 2012 Y G 1 an www spillman com technologies inc reliable innovation Purchase Agreement Montgomery County Price Est Date April 23 2014 Estimate Number MC0303PA Expiration Date May 30 2014 Prepared By Todd Jorgensen Computer Aided Dispatch Software CAD Site License 161 387 55 Enables dispatch centers to access mission critical information and effectively manage calls Customize elements in the CAD status screen resize display window column settings toolbar buttons CAD functions keys and color display options e Navigate the system either by command line or drag amp drop e Integrated Records data instantly share information among all Spillman modules simplifying data entry and eliminating duplicate records Keep apprised of all c
103. f this phase of the project e White Box assumes that all software and hardware costs are already accounted for by Montgomery County including Spillmans Insight connector a server to house the SQL data as well as a SQL database license Any all software or hardware needed for this portion of the SOW is the responsibility of Montgomery County e Montgomery County will set up a test environment that White Box can utilize for testing purposes as well as access to any required hardware or software prior to production e Data converted to SQL with the ability of Insight to query is limited to RMS data only Not all data from Attachment A can nor will have the capability to be viewed or searched through Spillman insight Only data specific from the source systems that includes Names Vehicles and Property will be able to be viewed and searched through Insight If other data outside of Names Vehicles and Property needs to be linked in order to view a change request will be issued Estimated Key project milestones Archival Data Conversion TBD Deliver Source data and code tables to White Box Spillman Montgomery TBD White Box Montgomery TBD 1 convert to SQL White Box Develop Technical Specifications Requirements TBD Deliver first mock converted data and interface test White Box TBD Cut off for providing feedback on mock conversion within 10 Spillman Montgomery days of Mock delivery TBD Develop and
104. fringe a US patent copyright or trademark provided a Licensee promptly notifies Esri in writing of the claim b Licensee provides documents describing the allegations of infringement c Esri has sole control of the defense of any action and negotiation related to the defense or settlement of any claim and d Licensee reasonably cooperates in the defense of the claim at Esri s request and expense 8 2 If Software or Online Services are found to infringe a US patent copyright or trademark Esri at its own expense may either 1 obtain rights for Licensee to continue using the Software or Online Services or ii modify the allegedly infringing elements of Software or Online Services while maintaining substantially similar functionality If neither alternative is commercially reasonable the license shall terminate and Licensee shall cease accessing infringing Online Services and shall uninstall and return to Esri or its authorized distributor any infringing item s Esri s entire liability shall then be to indemnify Licensee pursuant to Section 8 1 and 1 refund the Perpetual License fees paid by Licensee to Esri or its authorized distributor for the infringing items prorated on a five 5 year straight line depreciation basis beginning from the initial date of delivery and ii for Term Licenses and maintenance refund the unused portion of the fees paid 8 3 Esri shall have no obligation to defend Licensee or to pay any resultant costs d
105. ftware data web enabled services subscriptions professional services or other products ordered which is determined upon receipt of the purchase order or advance payment If delivery must be expedited please contact your marketing representative for assistance IMPORTANT Collectively these documents contain the authorizations and information necessary to ship proper versions of the software or data on the correct media or to initiate web enabled services subscriptions or professional services Please return them promptly to avoid unnecessary delays in shipping or delivery Please return all documents to Esri Customer Service or as otherwise directed Please show the following remittance address on your purchase order Esri File No 54630 Los Angeles CA 90074 4630 ESRI LICENSE AGREEMENTS All Esri software data web enabled services and subscriptions offered in this quotation are commercial off the shelf items developed at private expense and subject to Esri commercial license terms You may have a signed license agreement on file that covers this order If so please reference the license agreement number on your purchase order Unless a signed license is on file with Esri Esri software data web enabled services and subscriptions are subject to the Esri License Agreement included with the deliverable item as an on line or click through agreement A copy is enclosed Certain software or data requires a Master License Agreement signed b
106. ge Request may be issued Source data delivered to White Box Technologies 3 14 2014 partial Target Modules in scope Spillman RMS Modules out of scope Any not listed above including CAD JMS Source ALEIR Source systems and data format Aleir Number of total source tables 87 Number of Source Tables needing Analysis and Conversion No more than 23 total source tables a final list of tables to be converted will be established prior to the beginning of the project and will be included as an Addendum to the SOW Since data has not been received by White Box to verify the overall scope if additional tables beyond the 30 need to be converted a Change Request may be issued Source data delivered to White Box Technologies Not received table count only Target Modules in scope Spillman RMS Modules out of scope Any not listed above including CAD JMS Source Enroute Source systems and data format Enroute Number of total source tables 27 Number of Source Tables needing Analysis and Conversion No more than 17 total source tables a final list of tables to be converted will be established prior to the beginning of the project and will be included as an Addendum to the SOW Since data has not been received by White Box to verify the overall scope if additional tables beyond the 20 need to be converted a Change Request may be issued Source data delivered to White Box Technologies Not received table count only Target Modules
107. h as word processors spreadsheets terminal emulators etc The Licensed Program includes certain Utilities as that term is defined in Section 7 1 of the License Agreement 1 6 Releases New versions of the Licensed Program including all Error Corrections and Enhancements 1 7 Response Time Within six 6 Coverage Hours from the time Customer first notifies Spillman of an Error until Spillman initiates work toward development of an Error Correction 1 8 Spillman Application Administrator An agent of Customer who has been certified on the Licensed Program by Spillman pursuant to the procedures set forth in Section 6 and is able to communicate effectively with Spillman support personnel in the description and resolution of problems associated with the Licensed Program 1 9 Term Aninitial period of twelve 12 months after go live Thereafter the Term may be extended upon 30 day advance written notice and Customer agreement for successive periods of one year each unless and until terminated pursuant to Section 10 B of Appendix A of DIR Contract No DIR SDD 1623 In no event however shall the Term extend beyond the term of the License Agreement Section 2 Eligibility For Support 2 1 Spillman s obligation to provide Services with respect to the Licensed Program may be terminated pursuant to Section 10 1 or suspended at Spillman s discretion if at any time during the term of this Agreement any of the following requirem
108. he License Agreement found at http www esri com legal software license as applicable the License Agreement which is incorporated by reference This Addendum takes precedence over conflicting General License Terms and Conditions of the License Agreement SECTION 1 DEFINITIONS Software may be offered under the following license types as set forth in the applicable sales quotation purchase order or other document identifying the Products that Licensee orders 1 Concurrent Use License means a license to install and use the Product on computer s on a network but the number of simultaneous users may not exceed the number of licenses acquired A Concurrent Use License includes the right to run passive failover instances of Concurrent Use License management software in a separate operating system environment for temporary failover support 2 Deployment Server License means a full use license that authorizes Licensee to install and use the Software for all uses permitted in the License Agreement and as described in the Documentation 3 Development Server License means a license that authorizes Licensee to install and use the Software to build and test Value Added Applications as described in the Documentation 4 Esri Client Software means ArcGIS Runtime apps ArcGIS for Desktop and ArcGIS API for Flex apps 5 Esri Content Package means a digital file containing ArcGIS Online basemap content e g raster map tiles images
109. he Licensed Program that may result from changes in Licensee s requirements The warranty in Section 8 1 shall apply only 8 3 84 8 5 8 6 8 7 to the most current version of the Licensed Program issued by Spillman from time to time 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 Licensed Program Spillman is not responsible for any problems or errors with the Licensed Program or Licensee s system resulting from use of the ctperl or dbload Utilities in any manner other than read only Licensee expressly acknowledges that any use of the write or update features of these Utilities may damage Licensee s database or cause other problems with its system As Licensee s exclusive remedy for any material defect in the Licensed Program for which Spillman is responsible Spillman shall use reasonable efforts to correct or cure any reproducible defect by issuing corrected instructions a restriction or a bypass In the event Spillman does not correct or cure such nonconformity or defect after Spillman has had a reasonable opportunity to do so Licensee s exclusive remedy shall be the refund of the amount paid as the license fee for the defective or non conforming module of the Licensed Program Spillman shall not be obligated to correct cure or otherwise remedy any nonconformity or defect
110. ial Year 954 5493 Dell Hardware Limited Warranty Extended Year s 954 5494 ProSupport Plus Mission Critical 4 Hour 7x24 On Site Service with Emergency Dispatch Initial Year 954 5535 2 ProSupport Plus Mission Critical 4 Hour 7x24 On Site Service with Emergency Dispatch 2 Year Extended 954 5536 2 ProSupport Plus 7x24 HW SW Tech Support and Assistance 3 Year 954 5550 2 Installation and Implementation of a Dell PV MD3 Series SAN Environment upto 4 Hosts 936 0409 Installation and Implementation of Additional Dell PV MD1xxx Array s into a New PV MD SAN Up to 3 Arrays Add On 936 0479 Proactive Maintenance Service Declined 926 2979 Power Supply AC 600W Redundant 332 0747 Power Cord NEMA 5 15P to C13 15 amp wall plug 6 feet 2 meter 310 9965 Power Cord NEMA 5 15P to C13 15 amp wall plug 6 feet 2 meter 310 9965 MONMNNNN NN NM NNN N N MN NM DN file C Users bobby powell AppData Local Microsoft Windows INetC ache C ontent OutloolW VF I2BPGA Quote 680675572 html 4 21 2014 Quote Summary 680675572 License Key PowerVault MD3 Remote Replication 421 6037 2 License Key PowerVault MD3 High Performance Tier with SSD Cache 421 3580 2 License Key PowerVault MD3 32 Snapshots and Virtual Disk Copy 331 4986 2 200GB Solid State Drive SAS Value SLC 6Gbps 2 5in Hot plug Drive 342 5620 8 1TB 7 2K RPM Near Line SAS 6Gbps 2 5in Hot plug Hard Drive 342 2000 40 Multi Mode Fibre Channel Cable
111. in scope Spillman CAD Modules out of scope Any not listed above including RMS JMS 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 3 of 7 Effective as of 6 4 2014 SPILLMAN TECHNOLOGIES WH MONTGOMERY COUNTY STATEMENT OF WORK In Scope Service Full Conversion into Spillman The following table outlines the services that are considered within the scope of this SOW Baseline Services 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 duplicated 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 Reports that provide qualitative analysis of the source data and identify missing incorrect
112. in the Licensed Program if Licensee has made any changes whatsoever to the Licensed Program if the Licensed Program has been misused or damaged in any respect or if Licensee has not reported to Spillman the existence and nature of such nonconformity or defect promptly upon discover thereof EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT SPILLMAN AND ITS LICENSORS DISCLAIM ANY AND ALL PROMISES REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM 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 Limitation of Liability shall be in accordance with Section 9 K of DIR Contract No DIR SDD 1623 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 LICENSEE 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 ineffective Infringement Indemnity shall be in accordance with Section 9 A 2 of Appendix A of DIR Contract No DIR SDD 1623 If a court or other legal authority finds that any part of the Licensed Progra
113. ion of Online Services including system failure or other events beyond the reasonable control of Esri or its affiliates 3 4 Service Suspension Esri and its affiliates shall be entitled without any liability to Licensee to suspend access to any portion or all of Online Services at any time on a service wide basis a if Licensee breaches the License Agreement b if Licensee exceeds usage limits and fails to purchase additional license capacity sufficient to support Licensee s continued use of Online Services as described in Article 5 of this Addendum c if there is reason to believe that Licensee s use of Online Service s will adversely affect the integrity functionality or usability of the Online Service s d if Esri and its licensors may incur liability by not suspending Licensee s account e for scheduled downtime to conduct maintenance or make modifications to Online Service s f in the event of a threat or attack on Online Service s including a denial of service attack or other event that may create a risk to the applicable part of Online Services or g in the event that Esri or its affiliates determine that Online Services or portions thereof are prohibited by law or otherwise that it is necessary or prudent to do so for legal or regulatory reasons If feasible under these circumstances Licensee will be notified of any Service Suspension beforehand and allowed reasonable opportunity to take remedial action 3 5 Esri is not res
114. ir or using incorrect versions of the operating system On site service visits to Customer s facility 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 5 2 Customers using the Spillman product must maintain and provide at no cost to Spillman access to a dedicated voice grade local telephone line broadband internet connectivity for VPN connection purposes and a Cisco 1811 integrated services router and data set 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 Program Customers must provide and maintain at no cost to Spillman a modem and data set connected directly to the server the modem cannot be connected to a network 24 hours per day 7 days per week used with the Licensed Program being maintained by Spillman hereunder and provide access to a dedicated voice grade local telephone 5 3 5 4 5 5 5 6 5 7 A representative of Customer s IT department must be present when any on site support is provided Customer agrees that if such representative is not present when the Spillman 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 Customer s IT
115. it any other user to seek a patent or similar right worldwide that is based on or incorporates any Esri technology or services This express prohibition on patenting shall not apply to Licensee s software and technology except to the extent that Esri technology or services or any portion thereof are a part of any claim or preferred embodiment in a patent application or a similar application 9 14 Entire Agreement This License Agreement including its incorporated documents constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous license agreements understandings and arrangements between the parties relating to such subject matter Additional or conflicting terms set forth in any purchase orders invoices or other standard form documents exchanged during the ordering process other than product descriptions quantities pricing and delivery instructions are void and of no effect Any modification s or amendment s to this License Agreement must be in writing and signed by each party E204 Page 7 of 7 04 26 2013 esri Esri 380 New York St Redlands CA 92373 8100 USA TEL 909 793 2853 FAX 909 793 5953 EXHIBIT 1 SCOPE OF USE E300 02 21 2014 ADDENDUM 1 SOFTWARE TERMS OF USE E300 1 This Software Terms of Use Addendum Addendum 1 sets forth the terms of Licensee s use of Software and includes the Licensee s existing master license agreement if any or t
116. ks of Documentation supplied in digital format and thereafter reproduce display and distribute the customized documentation only for Licensee s own internal use Portions of Documentation supplied in digital format merged with other software and printed or digital documentation are subject to this License Agreement Licensee shall include the following copyright attribution notice acknowledging the proprietary rights of Esri and its licensors Portions of this document include intellectual property of Esri and its licensors and are used herein under license Copyright Licensee will insert the actual copyright date s from the source materials Esri and its licensors All rights reserved e Font Components All fonts provided with a Product may be used with the authorized use of any Products Esri fonts may also be separately used to print any output created by Products Additional use restrictions for third party fonts included with a Product are set forth in the font file itself f Consultant or Contractor Access Subject to Section 3 1 Esri grants Licensee the right to permit Licensee s consultants or contractors to use the Products exclusively for Licensee s benefit Licensee shall be solely responsible for compliance by consultants and contractors with this License Agreement and shall ensure that the consultant or contractor discontinues Product use upon completion of work for Licensee Access to or use of Products by consultants or contractors
117. l extend a Pre Paid Maintenance Plan and will give Montgomery County until November 30 2014 to execute this option This offering is that each year Montgomery County chooses to pre pay a year of maintenance Spillman will offer a 15 discount from the original maintenance price of 225 465 00 The discounted price will be 191 646 00 for the 2nd year for a savings of 33 819 00 This price of 191 646 00 will be held for as many years that Montgomery County chooses to pre pay up to a5 year agreement This pre paid amount will be due upon Go live that is anticipated to be November 2015 Page 8 of 9 This quote is confidential and proprietary information to Spillman Technologies Inc 2012 gt spillman com slman www spi technologies inc Purchase Agreement Montgomery County Price Est Date April 23 2014 Estimate Number MC0303PA Expiration Date May 30 2014 Prepared By Todd Jorgensen This Purchase Agreement Agreement is made and entered into by and between the Customer and Spillman Technologies Inc Spillman 4625 Lake Park Blvd Salt Lake City UT 84120 I have read this agreement in its entirety and hereby approve and accept the terms and conditions of this Agreement as contained herein Montgomery County Customer Name Authorized Signature Date Print Name and Title Page 9 of 9 This quote is confidential and proprietary information to Spillman Technologies Inc 2012 License Agreement
118. l understanding clear expectations and successful results PRIMARY POINTS OF CONTACT Spillman TBD spillman com White Box Derek Smith 801 386 5013 Ext 5016 derek smith whiteboxt com Montgomery County TBD PERIOD OF PERFORMANCE May 20 2014 November 30 2015 PROJECT SUMMARY Full conversion of legacy Ableterm and Aleir systems data for use in Spillman RMS modules and full conversion of legacy Enroute data for use in Spillman CAD according to the availability and completeness of the source data and target modules all of the fields and tables within the various functional areas will be populated to the fullest extent possible as outlined in Section 1 Conversion of legacy Mcdonald Douglas and Sperry EAI systems data to a SQL server format for use in an archived database for use with the Spillman Insight Query tool as outlined in Section 2 Roles and responsibilities Spillman e 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 e Application amp Database Subject Matter Expert o Cooperate with White Box to provide prompt assistance answering technical questions o Review and sign off on Ta
119. lowing 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 Error Correction and Spillman shall include the Error Correction in all subsequent Releases of the Licensed Program 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 Licensed Program other than the most recent release 3 4 Spillman may from time to time issue new Releases of the Licensed Program 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 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 Licensed Program including without limitation data conversion an
120. m infringes a third party s intellectual property rights or if Spillman believes that it infringes Spillman will use reasonable efforts to obtain a license under the rights that have been infringed to modify the Licensed Program so it is no longer infringing or to provide to Licensee substitute software that is non infringing provided that if in Spillman s judgment such options are not commercially reasonable Spillman may terminate the license for the Licensed Program or the infringing portion thereof upon written notice to Licensee Spillman will have no spillm all chnologies inc jle innovation reliab License and Support Agreements liability for infringement arising out of modification of the Licensed Program by any party other than Spillman use of an outdated version of the Licensed Program or the combination or use of the Licensed Program with any other software hardware equipment product or process not furnished by Spillman if use of the Licensed Program 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 Section 9 Term of Agreement Termination 9 1 Licensee s license of the Licensed Program shall become effective upon the execution of this Agreement and shall continue perpetually unless otherwise terminated in accordance with Section 10 B of Appendix A of DIR Contract DIR SD
121. matching rules as presently constituted error on the side of creating duplicate records rather than overwriting valid records Therefore the matching rules are strict and as a result the SAA will have some duplicate records to deal with It is advised to consider additional Name Merge utility work when the interface becomes operational Names The interface will compare the following sets of data in the given order until a match is found If a match is found using rule 1 then it does not continue to match for the remaining rules If a match is found using rule 3 which is the most common matching rule likewise the matching will not continue to rule 4 and so on If a match is never found a new Name record will result The rules 1 Spillman Name Number This is not given by Brazos and is therefore never found The logic moves on to rule number 2 2 Social Security Number amp First Name The social security number is rarely given because of disclosure laws However if a SSN is in the record a first spillman technologies inc name is also checked before updating to ensure that the records are most likely the same 3 Driver License Number and Driver License State This is the most common name matching rule The majority of citations issued are generally given to defendants who have a valid Driver s License Because this is a state ID it is generally unique Coupled with the state this is a very safe match before updating a r
122. mer pursuant to the terms and conditions of the License Agreement 8 2 The Licensed Program and all Releases thereto are and shall remain the sole property of Spillman regardless of whether Customer its employees or contractors may have contributed to the conception of such work joined in the effort of its development or paid Spillman for the use of the work product Customer agrees from time to time to take such further action and execute any further instrument including documents of assignment or acknowledgment as may be reasonably requested by Spillman in order to establish and perfect its exclusive ownership rights Customer shall not assert any right title or interest in such works except for the non exclusive right of use granted to Customer at the time of its delivery or on site development Customer agrees to provide Spillman with copies of such works upon request Section 9 Disclaimer of Warranty amp Limitation of Liability 9 1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT SPILLMAN DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE LICENSED PROGRAM RELEASES AND THE SERVICES TO BE RENDERED HEREUNDER WHETHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE 9 2 Limitation of Liability shall be in accordance with Section 9K of Appendix A DIR Contract No DIR SDD 1623 9 3 No action whether based on contract strict liability or tor
123. n a personal or individual capacity that 1 15 not compensated in any fashion ii is not intended to produce any works for commercial use or compensation iii is not intended to provide a commercial service and iv is neither conducted nor funded by any person or entity engaged in the commercial use application or exploitation of works similar to the licensed Products c Installation Support Installation Support for a period of ninety 90 days is included with ArcGIS for Home Use As discussed further on the Esri or authorized distributor s website Esri provides technical support in response to specific inquiries Installation Support will apply only to unmodified Software Software is provided only for standard hardware platforms and operating systems supported by Esri as described in the Software Documentation Esri is not responsible for making or arranging for updates to interfaces for nonstandard devices or custom applications Esri Installation Support will be provided in compliance with the Esri ArcGIS for Home Use Installation Support document on the Esri website at http www esri com media Files Pdfs legal pdfs home use installation support pdf Esri supports users solely with the installation of Esri Software Esri s Support website is at http support esri com en support Support provided by an authorized distributor will be in accordance with the distributor s technical support program terms and conditions 4 Other Esri Limited
124. n the applicable Ordering Documents i for which the applicable license fees have been paid ii in accordance with this License Agreement and the configuration ordered by Licensee or as authorized by Esri or its authorized distributor and iii for the applicable Term or if no Term is applicable or identified until terminated in accordance with Article 5 In addition to the Scope of Use in Article 4 Exhibit 1 Scope of Use E300 applies to specific Products Addendum 1 Addendum 2 Addendum 3 and Addendum 4 collectively comprise Exhibit 1 Scope of Use E300 and are also available at http www esri com legal software license Addendums only apply to Products specifically identified within an Addendum Exhibit 1 Scope of Use E300 includes Addendums for the following Product types which are incorporated by reference Software Terms of use for specific Software products are set forth in Addendum 1 Data Data terms of use are set forth in Addendum 2 Online Services Terms of use for Online Services are set forth in Addendum 3 Limited Use Programs Terms of use for noncommercial nonprofit educational or other limited use programs are set forth in Addendum 4 3 2 Evaluation and Beta Licenses Products acquired under an evaluation license or under a Beta program are intended for evaluation and testing purposes only and not for commercial use Any such use is at Licensee s own risk and the Products do not qualify for Esri
125. nd one million 1 000 000 geosearch Transactions per month in conjunction with Licensee s account Transaction is defined in the Documentation at ArcGIS Resources at http links esri com agol transactiondef E300 Page 14 of 16 02 21 2014 E300 h Licensee is not permitted to be the licensee of an ArcGIS Online account for or on behalf of a third party This restriction does not apply to education institutions that are permitted to be licensees of ArcGIS Online Public Plan accounts on behalf of registered students of the education institution for teaching purposes only Education institutions are also permitted to provide access to a single ArcGIS Online Public Plan account to more than one 1 registered student when used for teaching purposes only i The terms Online ELA account Organizations Plan account Developer Plan account Public Plan account Development and Testing Plan account and Education Plan account refer to different types of ArcGIS Online accounts Terms of Use for ArcGIS Online Services a World Geocoding Service Licensee may not store the geocoded results generated by the service without an ArcGIS Online account b Infographics Service Licensee may use the data accessible through this service for display purposes only Licensee is prohibited from saving any data accessible through this service Licensee may not display or post any combination of more than one hundred 100 Esri Business Analyst
126. ne data package Case Information Data Mapping Spillman will map all data elements to the ADAMS callout request for data according to the ADAMS API specification The data elements to be included but not limited are Iwmain nmmain and related tables Spillman will work with Montgomery County to ensure all fields are mapped to the correct destination in the ADAMS database Code Tables As with all data exchanges from one system to another there are Code Tables drop down lists that have to be the same in both systems to keep data integrity Montgomery County is responsible to ensure Code Tables are in sync Interface Triggers Foray ADAMS will initiate a callout to Spillman RMS to retrieve case information 2 0 Connection Method The Foray API has not been provided at this time The connection methodology is unknown however Spillman supports multiple connection methods including web services TCP IP file drop ftp sftp and other commonly used methods 3 0 Configuration Once specification has been exchanged more details for the configuration will be determined at that time Common interface configuration items include connection authentication connection paths hard coded fields code translations archive folder paths etc 4 0 Installation Spillman will install and configure the Foray Evidence Interface once initial development is complete The interface will be installed on the Spillman server as a web servi
127. not exclusively for Licensee s benefit is prohibited 4 2 Uses Not Permitted Except to the extent that applicable law prohibits or overrides these restrictions or as provided herein Licensee shall not a Sell rent lease sublicense lend time share assign or use Products for Commercial ASP Use or service bureau purposes b Provide third parties with direct access to Products so that the third parties may use the Product directly develop their own GIS applications or create their own solutions in conjunction with the Product c Distribute Software Data or Online Services to third parties in whole or in part including but not limited to extensions components or DLLs Distribute Authorization Codes to third parties Reverse engineer decompile or disassemble Products Make any attempt to circumvent the technological measure s that controls access to or use of Products Store cache use upload distribute or sublicense Content or otherwise use Products in violation of Esri s or a third party s rights including intellectual property rights privacy rights nondiscrimination laws or any other applicable law or government regulation h Remove or obscure any Esri or its licensors patent copyright trademark proprietary rights notices and or legends contained in or affixed to any Product Product output metadata file or online and or hard copy attribution page of any Data or Documentation delivered hereunder i Unbun
128. nstraints for Full Conversion into Spillman For data being converted into Spillman this project includes three mock conversions and one final conversion 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 e Spillman will provide the code tables populated with Montgomery data in a timely manner to support the data mapping and conversion e Images are included in this conversion where applicable e 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 Montgomery can result in a day for day delay in subsequent milestones that White Box is responsible for Following a White Box deliverable unless otherwise specified Spillman or Montgomery has 15 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 e 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 conv
129. ntent excludes any feedback suggestions or requests for Product improvements that Licensee provides to Esri g Named User s means individuals to whom Licensee specifically enables private access to Online Services and Value Added Applications through Licensee s Online Services account Named Users can be anyone whom Licensee authorizes to access Online Services but only for the exclusive benefit of Licensee for example Licensee s employees agents consultants or contractors For Education Plan accounts Named Users may include registered students No other third parties may be Named Users Named Users have private access to features of Online Services that are not publicly accessible to Anonymous Users Named Users have unique individual login credentials h Online Content means Content hosted or provided by Esri as part of Online Services including any Map Services Task Services Image Services and Developer Tools and excluding Content provided by third parties that Licensee accesses through Online Services i Service Components means each of the following Online Services Online Content ArcGIS Website Developer Tools Documentation or related materials j Sharing Tools means publishing capabilities included with Online Services and ArcGIS Website that allow Licensee to make Licensee s Content and Value Added Applications available to third parties and or Anonymous Users k Value Added Application means an application devel
130. o Live Spillman Personnel On Site For Go Live 2 3 Weeks 2 Weeks Of Refresher Training 4 6 Months After Go live On Going Support 1 Week Of On Site Training Every Year Call Center Help Desk And Tech Support Account Management Professional Services Total 325 214 00 Page 7 of 9 This quote is confidential and proprietary information to Spillman Technologies Inc 2012 G 1 an www spillman com technologies inc Purchase Agreement Montgomery County Price Est Date April 23 2014 Estimate Number MC0303PA Expiration Date May 30 2014 Prepared By Todd Jorgensen The following maintenance table is for your planning purposes and is not included in this purchase The second year maintenance will begin 12 months after go live 2nd year Maintenance 2nd year Maintenance 225 465 00 Standard coverage hours are included in this contract are between Monday and Friday 8am and 6pm Central Standard Time After hours support is billed at 247 50 per hour and 330 00 per hour for Sunday amp Holidays Payment Terms Payment Upon Contract Signing May 2014 639 995 71 Payment Upon Software Installation October 2014 639 995 72 Payment Upon Training April 2015 639 995 72 Payment Upon Go live November 2015 639 995 72 Payment Upon Delivery of CryWolf Interface Delivery 30 000 00 Payment Upon Delivery of Foray Interface Delivery 43 750 00 Payment Terms Total 2 633 732 87 Optional Pre Paid Maintenance Plan Spillman wil
131. o alert a user about upcoming maneuvers such as warning of an upcoming turn or to calculate an alternate route if a turn is missed StreetMap Data may not be used to perform synchronized multivehicle routing or route optimization StreetMap Data acquired for use with ArcGIS for Desktop ArcGIS for Server ArcPad or ArcGIS for Transportation Analytics may only be used with the Product for which the StreetMap Data was acquired and may not be used with any other Product StreetMap for Windows Mobile Data is licensed for use solely on mobile devices or in conjunction with ArcGIS for Mobile applications StreetMap Data may include data from either of the following sources a HERE data is subject to the terms of use at http corporate navteg com supplier terms html HERE data when licensed for use in StreetMap Premium for ArcGIS for Transportation Analytics permits tracking synchronized multivehicle routing and route optimization b Tele Atlas TomTom data is subject to the terms of use at http www esri com media Files Pdfs legal pdfs j9792 teleatlas use data pdf Data Appliance for ArcGIS Data provided with Data Appliance is subject to the following additional terms of use a HERE data is subject to the terms of use at http corporate navteg com supplier terms html b Tele Atlas TomTom data is subject to the terms of use at http www esri com media Files Pdfs legal pdfs j9792 teleatlas use data pdf c Data from i cubed is subjec
132. o calculate an alternate route if a turn is missed Page 7 of 16 02 21 2014 10 11 E300 Address Coder Data This Data is included with Address Coder and is provided for Licensee s internal business use solely in connection with Licensee s authorized use of Address Coder SourcebookeAmerica Data This Data is included with Sourcebook America and provided for Licensee s internal business use solely in connection with Licensee s authorized use of Sourcebook A merica MapStudio Data Use of this Data is subject to the following terms and conditions a HERE data is subject to the terms of use at http corporate navteg com supplier terms html b Tele Atlas TomTom data is subject to the terms of use at http www esri com media Files Pdfs legal pdfs j9792 teleatlas use data pdf c Data from i cubed is subject to the terms of use at http www esri com media Files Pdfs legal pdfs j9946 icubed pdf d D amp B Data May not be used for direct mailing or direct marketing purposes Licensee may include Data in hard copy or read only format Outputs in presentation packages marketing studies or other reports or documents prepared for third parties Licensee shall not resell or otherwise externally distribute Outputs in stand alone form ArcGIS for Transportation Analytics HERE traffic data option This online data service is available as an option for use exclusively with ArcGIS for Transportation Analytics Use of thi
133. ogram but may not allow third parties to use the Utilities unless an authorized official of Spillman consents in writing Licensee 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 or damage Licensee also may not permit any third party to write to Spillman s database in any manner Spillman is NOT responsible for any breach of warranty damages to the Licensed Program or its database data corruption support issues security issues or performance issues arising out of Licensee s or a third party s use of the Utilities or any other software not specifically licensed in this Agreement including any third party querying or writing to the database Section 8 Limited Warranty and Limitation of 8 1 8 2 Liability Indemnification Spillman warrants for Licensee s benefit alone that the Licensed Program conforms in all material respects to the specifications for the current version of the Licensed Program as described in Spillman s Licensed Product Specification as of the date this Agreement is signed and for a period thereafter of Twelve 12 from Go Live for Sentryx This warranty is expressly conditioned on Licensee s observance of the operation security and data control procedures set forth in the User s Manual included with the Licensed Program Spillman is not responsible for obsolescence of t
134. oped by Licensee for use in conjunction with the authorized use of any Software Data or Online Services l WebServices as used under Licensee s existing signed license agreement if any means Online Services and any Content delivered by such Online Services ARTICLE 2 USE OF ONLINE SERVICES 2 1 License to Online Services Esri grants Licensee a personal nonexclusive nontransferable worldwide license to access and use Online Services as set forth in the applicable Ordering Documents i for which the applicable license fees have been E300 Page 9 of 16 02 21 2014 paid if required 1 for Licensee s own internal use by Licensee and Licensee s Named Users or Anonymous Users if applicable and iii in accordance with this License Agreement and the licensed configuration on file as authorized by Esri 2 2 Provision of Subscription Online Services For subscription Online Services Esri will a Provide Online Services to Licensee in accordance with the Documentation b Provide customer support in accordance with Esri s standard customer support policies and any additional support Licensee may purchase and c Use commercially reasonable efforts to ensure that Online Services will not transmit to Licensee any Malicious Code provided Esri is not responsible for Malicious Code that was introduced to Online Services through Licensee s account or through third party Content 2 3 Licensee s Responsibilities Licensee shall be responsi
135. pillman RMS This custom interface project is part of a larger contract wherein Montgomery County has purchased the Spillman system Therefore Spillman will build the interface to meet the needs of Montgomery County within the parameters of possibilities contained in the Spillman API and Foray s API Project Foray Technologies Evidence Interface 1 spillman Scope of Work Document technologies inc Project Details Stakeholders Department or Agency Name Title or Role Phone Montgomery Mari County Lambrecht Montgomery Marshall Director of County Marshall Shirley mctx org County Shirley IT uo Ne Captain Peggy Frankhouseremctx org Implementation Project Manager David Development hall Spillman Halladay Project Nana dhalladay spillman com Spillman James Butters QA jbutters spillman com Project Review Systems Analyst mari lambrecht mctx org Spillman TBD Agency Department 4 29 2014 Author Doug Leffler Spillman Project Foray Technologies Evidence Interface 2 Scope of Work Document spillman technologies inc Scope Definition Requirements 1 0 Data Exchange 1 1 1 2 1 3 1 4 1 5 Data Flow A one way exchange wherein Foray initiates a callout to Spillman s RMS during evidence acquisition to verify information in Spillman s RMS and pull case information into ADAMS Data Packages Message Types The Foray Interface will have o
136. ponsible for any damage liabilities losses including any loss of data or profits or any other consequences that Licensee or any Licensee customer may incur as a result of any Service Interruption or Service Suspension ARTICLE 4 LICENSEE S CONTENT FEEDBACK 4 1 Licensee s Content Licensee is solely responsible for the development operation and maintenance of Licensee s Content and for all materials that appear on or in any of Licensee s Content Licensee retains all right title and interest in Licensee s Content Licensee hereby grants Esri and Esri s licensors a nonexclusive nontransferable worldwide right to host run and reproduce Licensee s Content solely for the purpose of enabling Licensee s use of Online Services Without Licensee s permission Esri will not access use or disclose Licensee s Content except as reasonably necessary to support Licensee s use of Online Services respond to Licensee s requests for customer support or troubleshoot Licensee s account or for any other purpose authorized by Licensee in writing If Licensee accesses Online Services with an application provided by a third party Esri may disclose Licensee s Content to such third party as necessary to enable interoperation between the application Online Services and Licensee s Content Esri may disclose Licensee s Content if required to do so by law or pursuant to the order of a court or other government body in which case Esri will reasonably attempt to limit
137. pt Total 2 633 732 87 MC Responsible For Hardware 178 640 92 This price is for reference only Optional Price Performance Bond 144 855 31 5 5 of Contract This quote is confidential and proprietary information to Spillman Technologies Inc 2012 G 1 an www spillman com technologies inc reliable innovation Purchase Agreement Montgomery County Price Est Date April 23 2014 Estimate Number MC0303PA Expiration Date May 30 2014 Prepared By Todd Jorgensen Integrated Hub Licensing Software Integrated Hub Names Vehicles Property Wanted Persons Site License 280 396 97 Stores all system information which can be accessed from one central repository Master name vehicle and property Active Directory supported for user authentication on the Linux platform Sentryx GIS Geobase Address Verification Site License Included Interfaces directly with the Esri ArcGIS server e Optimizes agency responses by providing accurate and verified geographic information Visual InvolvementsQ Link Analysis Site License Included e Links an unlimited number of related items and records across the system Enables users to view relationships graphically between data elements from multiple records Reporting Site License Included e Includes more than 2 000 preformatted reports that support the tracking and maintenance of critical information Creates ad hoc reports in third party sy
138. py of the Licensed Program in machine readable object code form for nonproductive backup purposes only provided that Spillman s proprietary notices are included Licensee may reproduce photocopy Licensed Program documentation according to Licensee s needs for the authorized use of the Licensed Program To the extent consistent with the Texas Public Information Act Licensee may not distribute any original or reproduced copy for use outside of the Licensee s place of business and must not reveal it or any other Spillman documentation or the Licensed Program itself to competitors of Spillman or to any illm puma inc al reliable innovation License and Support Agreements other third party unless they have a need to know such information for the proper purposes of this Agreement 2 5 If Licensee and a third party entity the Shared Agency desire to enter into an arrangement whereby Licensee will act as a Host Agency and permit the Shared Agency to access the Licensed Program through Licensee the Shared Agency and Spillman will execute an Addendum Agreement for such arrangement and attach it to this Agreement as Attachment A Spillman will bill Licensee directly for the applicable license fees and Licensee agrees to be responsible for timely payment of such invoices Licensee shall require the Shared Agency to comply with the terms of this Agreement and shall notify Spillman and cooperate as reasonably requested by
139. r technology and developing a strategy to manage your financial options Subject to IPS Terms amp Conditions online unless purchase is being made pursuant to a separate written agreement in which case the terms and conditions of the separate written agreement shall govern https www ips insight com us en terms conditions terms of sale products html Page3 of 3 esr QUOTATION TERMS AND CONDITIONS Esri 380 New York St Redlands CA 92373 8100 USA TEL 909 793 2853 FAX 909 793 5953 All quotations are valid for ninety 90 days unless otherwise stated on the quotation form These prices and terms are valid only for items purchased for use and delivery within the United States This quotation information is proprietary and may not be copied or released other than for the express purpose of the current system selection and purchase This information may not be given to outside parties or used for any other purpose without written consent from Environmental Systems Research Institute Inc Esri To expedite your order please reference the quotation number on your purchase order ORDER PROCESS The order process is initiated when Esri receives an original purchase order or some form of advance payment Several additional documents e g Master License Agreement credit application Tax Exemption Certificate may be required to complete the order process Generally the need for these documents varies by the type of so
140. ram in any reasonable manner during regular business hours with or without prior notice to verify Licensee s compliance with the terms of this Agreement Licensee acknowledges that in the event of Licensee s breach of any of the foregoing provisions Spillman will not have an adequate remedy in money or damages To the extent authorized by Texas Law and Constitution Spillman shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction within the state courts of Montgomery County Texas immediately upon request without the necessity of posting bond in addition to any other remedies that may be available at law or in equity Section 7 License to Utilities Restrictions 7 1 7 2 7 3 on Usage Spillman provides certain software utilities and tools collectively the Utilities as part of the Licensed Program Such Utilities include Spillman s XML Query ODBC implementation code ctperl dodump and dbload as well as any other software utilities provided by Spillman in connection with the Licensed Program Spillman may add modify or remove Utilities from the Licensed Program 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 Licensee is permitted to use the Utilities for read only operations in connection with the authorized use of the Licensed Pr
141. rer s terms apply Lead times depend on make models purchased Note Standard delivery method is ground or two 2 day air for software and surface carrier for hardware Actual delivery method may vary depending on weight Other service is available for an additional fee e g overnight delivery PAYMENT TERMS Net thirty 30 days on approved credit Orders less than eight hundred dollars 800 require prepayment by check or credit card unless your organization is a government agency university college or Fortune 500 company TAXES This quote includes applicable sales or use taxes for the prices quoted as required by law The tax amount may change depending on the time lapse between this quote and your order to us Esri will include applicable sales or use taxes on your invoice unless you provide proof with your order that your organization or use of the product is tax exempt G272 Page 2 of 2 04 29 2011 esri Esri 380 New York St Redlands CA 92373 8100 USA TEL 909 793 2853 FAX 909 793 5953 IMPORTANT READ CAREFULLY Unless superseded by a signed license agreement between you and Esri Esri is willing to license Products to you only if you accept all terms and conditions contained in this License Agreement Please read the terms and conditions carefully You may not use the Products until you have agreed to the terms and conditions of the License Agreement If you do not agree to the terms and conditions as stated click
142. rganization are permitted to use ArcGIS Online Public Plan accounts for the benefit of their affiliated organization s ii Public Plan account licensees are not permitted to create private groups or participate in any private group created by licensees of ArcGIS Online for Organizations Education NGO NPO or ELA Plans f For ArcGIS Online Development and Testing Plan accounts i Subjectto the terms of this License Agreement Licensee is permitted to 1 Allow third parties to access Licensee s Value Added Application s powered by their Development and Testing Plan account but only if the Value Added Application s is published for public access and is not used for the benefit of a for profit business or government agency This restriction does not apply to educational institutions when used for teaching purposes only qualified NGO NPO organizations and press or media organizations Individuals affiliated with these specific types of organizations are permitted to use ArcGIS Online Development and Testing Plan accounts for the benefit of their affiliated organization s ii Development and Testing Plan account licensees are not permitted to create private groups or participate in any private group created by licensees of ArcGIS Online for Organizations Education NGO NPO or ELA Plans g For ArcGIS Online paid Developer Plan accounts or Development and Testing Plan accounts i Licensee is limited to one million 1 000 000 basemap a
143. rial Description Quantity Unit Price Extended Price CON SNT C98G16 Cisco SMARTnet extended service agreement 4 443 36 1 773 44 TX DIR CISCO NETWORKING PRODUCTS AND SERVICES DIR SDD 1369 MSRP 544 00 Discount 96 18 5096 Duration months 12 00 CAB 9K12A NA Cisco power cable 125 VAC 8 ft 8 0 00 0 00 Lead Time days 8 TX DIR CISCO NETWORKING PRODUCTS AND SERVICES DIR SDD 1369 MSRP 0 00 Discount 96 0 0096 DS 9148 KIT CSCO Cisco network device accessory kit 4 0 00 0 00 Lead Time days 8 TX DIR CISCO NETWORKING PRODUCTS AND SERVICES DIR SDD 1369 MSRP 0 00 Discount 96 0 0096 DS SFP FC8G SW Cisco SFP transceiver module 64 0 00 0 00 Lead Time days 8 TX DIR CISCO NETWORKING PRODUCTS AND SERVICES DIR SDD 1369 MSRP 0 00 Discount 96 0 0096 Product Subtotal 16 872 00 Services Subtotal 1 773 44 Tax 0 00 Total 18 645 44 Thank you for considering Insight Please contact us with any questions or for additional information about Insight s complete IT solution offering Sincerely Edward Malta 504 875 6125 emalta insight com Fax 480 760 9492 Page2 of 3 v Quotation Number Creation Date 512 215619582 23 APR 2014 PUBLIC SECTOR Michael Thamontri 800 467 4448 Ex 6104 mthamont insight com Fax 480 760 8034 Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions Contact your Insight representative for an innovative approach to maximizing you
144. roy or limit the functionality of any computer software hardware or telecommunications equipment Malicious Code iv mirror reformat or display Online Services in an attempt to mirror and or make commercial use of Online Services except to the degree that Online Services directly enable such functionality v share the client side data cache derived from Online Services with other licensed end users or third parties vi distribute the client side data cache derived from Online Services to third parties vii manually or systematically collect or scrape screen or web scraping Content from Online Services viii use ArcGIS Online Map Services Geocoding Services or Routing Services in communication with any in vehicle navigation system installed in a vehicle this does not include portable navigation devices or that provides real time dynamic routing to any device For instance these Services may not be used to alert a user about upcoming maneuvers such as warning of an upcoming turn or to calculate an alternate route if a turn is missed ix incorporate any portion of Online Services into a commercial product or service unless the commercial product adds material functionality to Online Services x use Online Services to process store or transmit any information data or technology controlled for export under the International Traffic in Arms ITAR regulations or xi use Online Services to store or process Content online that is uncl
145. s mailing labels and reports Vehicle Impound Site License 15 394 00 e Maintains accurate detailed records of all vehicles that are impounded released from impound or sold Records information for vehicle owner driver impound circumstances and sale of the vehicle Pawned Property Site License 18 212 00 Receive electronic submissions of pawned items from local pawn shops to simplify data entry e Access detailed information about pawned items for stolen property investigations Community Dashboard Site License 30 000 00 Provide the public with access to information about incidents and offenses in your community Enable the public to compare crime statistics over pre defined periods and view incidents by day hour or location Insight Site License 30 830 00 Multi system multi jurisdictional data sharing e Allows users to run real time queries of local agency records on the databases of participating agencies for names associated images vehicles property information and other records Records Total 628 788 42 Licensing Software Driver s License Scanning Interface Site License 15 394 00 Save time by having the correct report fields automatically populated with scanned data e Automatically conduct local state or national database searches whenever a license is scanned Mobile Server Software Site License 22 425 00 e Required for mobile application Page 3 of 9 This quote
146. s Act of 1978 as amended 41 USC 601 613 in lieu of the arbitration provisions of this clause This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods the application of which is expressly excluded b All Other Licensees Except as provided in Section 9 8 any dispute arising out of or relating to this License Agreement or the breach thereof that cannot be settled through negotiation shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one 1 arbitrator appointed in accordance with said rules The language of the arbitration shall be English The place of the arbitration shall be at an agreed upon location This License Agreement E204 Page 6 of 7 04 26 2013 shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods the application of which is expressly excluded Either party shall at the request of the other make available documents or witnesses relevant to the major aspects of the dispute 9 11 Maintenance Maintenance for qualifying Products consists of updates and other benefits such as access to technical support specified in Esri s or its distributor s current applicable maintenance policy 9 12 Feedback Esri may freely use any feedback suggestions or requests for Product improvements that Licensee provides to Esri 9 13 Patents Licensee may not seek and may not perm
147. s data is subject to the following terms and conditions a HERE traffic data is subject to the terms of use at http corporate navteq com supplier terms html No automatic routing or rerouting based on traffic conditions is permitted without the Navigation add on c HERE traffic data may not be archived and may be delivered only for end users personal near term use not to exceed one 1 twenty four 24 hour period d HERE traffic data may not be used to display or broadcast in any FM AM HD radio broadcast or television broadcast or through any RDS delivery method e HERE traffic data may not be used with or incorporated into any traffic system that provides voice traffic reports to inbound callers f HERE traffic data may not be used to develop or commercially make available a text to voice e mail alert or message or voice mail application using any portion of HERE traffic data Page 8 of 16 02 21 2014 ADDENDUM 3 ONLINE SERVICES ADDENDUM E300 3 This Online Services Addendum Addendum 3 sets forth the terms of Licensee s use of Online Services and includes the Licensee s existing master license agreement if any or the License Agreement found at http www esri com legal software license as applicable the License Agreement which is incorporated by reference This Addendum 3 takes precedence over conflicting General License Terms and Conditions of the License Agreement Esri reserves the right to update the terms from
148. s prior written consent and any attempt to do so without consent shall be void This License Agreement shall be binding on the respective successors and assigns of the parties to this License Agreement Notwithstanding a government contractor under contract to the government to deliver Products may assign this License Agreement and Products acquired for delivery to its government customer upon written notice to Esri provided the government customer assents to the terms of this License Agreement 9 7 Survival of Terms The provisions of Articles 2 5 6 7 8 and 9 of this License Agreement shall survive the expiration or termination of this License Agreement 9 8 Equitable Relief Licensee agrees that any breach of this License Agreement by Licensee may cause irreparable damage and that in the event of such breach in addition to any and all remedies at law Esri or its authorized distributor shall have the right to seek an injunction specific performance or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or proving injury as a condition for relief 9 9 US Government Licensee The Products are commercial items developed at private expense provided to Licensee under this License Agreement If Licensee is a US government entity or US government contractor Esri licenses Products to Licensee in accordance with this License Agreement under FAR Subparts 12 211 12 212 or DFARS Subpart 227 7202 Esri
149. se Deposit Iron Mountain will process a Work Request to release Deposit 500 N A L Depositor Material Material by following the specific procedures defined in Exhibit C Release of Deposit Material the Escrow Service Agreement Beneficiary L Add Custom Iron Mountain will provide its Escrow Expert consulting based on a 200 hour N A L Depositor Services custom SOW mutually agreed to by all Parties Beneficiary L Custom Contract Custom contracts are subject to the Custom Contract Fee which 750 N A L Depositor Fee covers the review and processing of custom or modified contracts Beneficiary IN WITNESS WHEREOF the Parties have duly executed this Enrollment as of the Effective Date by their authorized representatives DEPOSITOR BENEFICIARY Signature Signature Print Name Print Name Title Title Date Date Email Address Email Address IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT INC Signature Print Name Title Date Email Address ipmclientservices ironmountain com All notices to Iron Mountain Intellectual Property Management Inc should be sent to ipmclientservices ironmountain com OR Iron Mountain Intellectual Property Management Inc Attn Client Services 2100 Norcross Parkway Suite 150 Norcross Georgia 30071 USA Telephone 800 875 5669 Facsimile 770 239 9201 CERTIFICATE OF LIABILITY INSURANCE THIS C
150. se is per Value Added Application per computer License may not be used to develop Internet or server based Value Added Applications Licensee may reproduce and distribute the Software provided all the following occur a The Software is reproduced and distributed in its entirety b Alicense agreement accompanies each copy of the Software that protects the Software to the same extent as this License Agreement and the recipient agrees to be bound by the terms and conditions of the license agreement c Allcopyright and trademark attributions notices are reproduced and d There is no charge or fee attributable to the use of the Software Reserved a Anenduser must license either ArcGIS Engine for Windows Linux Software or other ArcGIS for Desktop Software Basic Standard or Advanced to obtain the right to run an ArcGIS Engine application on one 1 computer and b The ArcGIS Engine for Windows Linux extensions shall not be used in combination with ArcGIS for Desktop Software to run ArcGIS Engine Value Added Applications A single user can have multiple ArcGIS Engine Value Added Applications installed on one 1 computer for use only by that end user Reserved EDN Software may be used only for the purposes of development testing and demonstration of a prototype Value Added Application and creating map caches Value Added Applications and map caches can be used with Staging and Deployment Servers EDN server Software and Data may b
151. shall Shirley mctx org Peggy Frankhouser mctx org ryan gable mctx org dhalladay spillman com jbutters spillman com 6 5 2014 Author Doug Leffler Agency Department Spillman Project Mobile TCIC Submission Forms spillman Scope of Work Document technologies inc Scope Definition Requirements 1 0 User Interface Spillman will build a web application to accomplish this functionality specified herein The web application will have two different views enabled by permissions one for the field officer and one for the dispatcher 1 1 Field Officer The view for the filed officer will allow them to pick a TCIC form Officer will then fill out required data fields on the form and then submit to dispatch 1 2 Dispatcher The view for the dispatcher will start with a list of submitted forms from the field officers to be processed Once a dispatcher selects a form for submission it will be omitted from the view of the other dispatchers Once entered into the TCIC system the dispatcher will push the processed button on the form which will then permanently remove the item from the dispatch queue 2 0 Forms 2 1 Transactions Forms 2 11 Article Entry 2 1 2 Stolen Boat 2 1 3 Stolen Gun 2 1 4 Enter License Plate 2 1 5 Missing Person Entry Information 2 1 6 Missing Person Recovery 2 1 7 Threat Against Peace Officer 2 1 8 Vehicle Boat Part Entry 2 1 9 Enter Security 2 1 1
152. software indicates whether a premises information record exists Mobile TCIC Submission forms see Exhibit 2 for SOW Site License Included e Provides the ability for the officer in the field to enter TCIC submission data onto a form for dispatcher to process Page 5 of 9 This quote is confidential and proprietary information to Spillman Technologies Inc O 2012 Y G 1 an www spillman com technologies inc Purchase Agreement Montgomery County Price Est Date April 23 2014 Estimate Number MC0303PA Expiration Date May 30 2014 Prepared By Todd Jorgensen Computer Aided Dispatch Continued Mobile for Additional Agencies Site License 100 913 00 e Records for remaining e Voiceless CAD county public e Mapping AVL safety e State amp National Queries agencies Computer Aided Dispatch Total 521 789 62 Interfaces see Exhibit 42 for Scope of Work SOW for custom interfaces Software Brazos Interface 39 236 00 Foray Evidence Interface 43 750 00 911 Interface 31 682 54 CryWolf Interface 30 000 Interfaces Total 144 668 54 Data Conversion e Full Able Term Data Conversion into Spillman 229 876 00 e Insight Query to EAI and McDonald Douglas e and CAD data per SOW See Exhibit 6 for Data Conversion SOW Data Conversion Total 229 876 00 Hardware 3rd Party Products Hardware Details of the hardware quote provided by the Montgomery County are found in Montgom
153. spillman technologies inc Montgomery County Software amp Services Agreement Table of Contents Purchase Agreement License Agreement Support Agreement Exhibit 1 Existing Interfaces Technical Product Description Texas StateLink Brazos Interface 911 CAD Interface Exhibit 2 Custom Integration Scope of Work Foray Evidence Interface CryWolf Interface Mobile TCIC Submission Forms Exhibit 3 Hardware specs Exhibit 4 Escrow for Source Code Exhibit 5 Certificate of Insurance COI Exhibit 6 White Box data conversion SOW and Contract Purchase Agreement yil an www spillman com technologies inc Purchase Agreement Montgomery County Price Est Date June 6 2014 Estimate Number MC0303PA Expiration Date June 16 2014 Prepared By Todd Jorgensen Spillman Advantages Spillman s site license eliminates the frustrations of limited licensing and allows for agency growth by providing access to all desktop modules without individual license fees Each Spillman system includes first year maintenance a comprehensive warranty unlimited standard business hour support and free enhancements Professional services include onsite administration training and setup assistance as well as thorough end user training all onsite services include travel and per diem Contract Price Software 2 078 642 87 Data Conversion 229 876 00 Professional Services 325 214 00 Taxes Tax Exem
154. srt Quotation 20447210 Date April 21 2014 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE INC Customer 162100 Contract 11200 Westheimer Rd County of Montgomery Suite 630 Inf tion Technol Houston TX 77042 301 N Thompson Ste 101 Phone 713 401 0658 Fax 713 782 5958 C TX 77301 DUNS Number 06 313 4175 CAGE Code 0AMS3 nre To expedite your order please attach a copy of ATTENTION Bobby Powell this quotation to your purchase order PHONE 936 539 7848 Quote is valid from 04 21 2014 To 07 20 2014 FAX 936 760 6985 Material Qty Description Unit Price Total 109897 2 ArcGIS for Server Workgroup Standard Up to Two Cores License 5 000 00 10 000 00 109044 4 ArcGIS for Server Workgroup Standard One Core Additional License 2 500 00 10 000 00 Item Total 20 000 00 Subtotal 20 000 00 Sales Tax 0 00 Estimated Shipping amp Handling 2 Day Delivery 0 00 Contract Pricing Adjust 0 00 Total 20 000 00 Once your order is processed you will receive an email with your software authorization number s along with instructions on how to download the software and complimentary data amp maps from http customers esri com Please indicate on your purchase order if this purchase is funded through the American Recovery and Reinvestment Act and whether Esri is a Prime Recipient Sub recipient or Vendor for reporting purposes Esri may charge a fee to cover expenses related to any customer requiremen
155. stems such as Microsoft Excel and Crystal Reports based on ODBC compliance File Attachments Site License Included Accommodates an unlimited variety of file types including images sound clips videos etc e Incorporates media files directly into the records housed in the system Warrants Site License Included e Generates a detailed history of all attempts to serve warrants e Tracks each warrant through its lifecycle including the initial receipt completion of service and its return to court Case Management Site License Included e Tracks detailed status information for cases from beginning to end e Leverages Involvements to link information on all persons property and vehicles associated with a case Message Center Site License Included e Supports sending and receiving of agency wide email and instant messaging Displays scrolling BOLOs and other alerts along the bottom of the screen View only Workstations Site License Included Grant unlimited view only licenses to outside departments at no additional cost System administrators may restrict security privileges to determine which tables can be accessed Hub Total 280 396 97 Page 1 of 9 This quote is confidential and proprietary information to Spillman Technologies Inc O 2012 G 1 an www spillman com technologies inc reliable innovation Purchase Agreement Montgomery County Price Est Date April 23 2014 Estimate Number MC030
156. t including any action based on negligence arising out of the performance of services under this Agreement may be brought by either party more than four 4 years after such cause of action occurred However action for nonpayment may be brought within two 2 years the date of the last payment was received by Spillman so long as authorized by Texas Law and Constitution spillm License and Support Agreements all chnologies inc jle innovation reliab Section 10 Termination 10 1 This Agreement shall automatically terminate immediately upon termination of the License Agreement for any reason 10 2 Termination will be in accordance with Section 10 B of Appendix A to DIR Contract No DIR SDD 1623 The License Agreement shall automatically terminate at the same time as termination of this Agreement and Customer shall promptly return to Spillman the Licensed Program and all related documentation and materials including all Releases work and materials provided by Spillman hereunder Section 11 Miscellaneous 11 1 Spillman and Customer acknowledge that they have read this Agreement in its entirety and understand and agree to be bound by its terms and provisions Spillman and Customer further agree that DIR Contract No DIR SDD 1623 and this Agreement are the complete and exclusive statements of agreement of the parties with respect to the subject matter hereof In the event of a conflict DIR Contract No DI
157. t to the terms of use at http www esri com media Files Pdfs legal pdfs j9946 icubed pdf d BODC bathymetry data is subject to the terms of use found at https www bodc ac uk data online delivery gebco terms of use Business Analyst Data Location Analytics Data Business Analyst Data is provided with Esri Business Analyst Server Desktop or accessed through Business Analyst Online and Community Analyst Location Analytics Data is accessed through Business Analyst Online API Community Analyst API and Location Analytics API The Data is subject to the following additional terms of use a The Data is provided for Licensee s internal business use solely in connection with Licensee s authorized use of Software Subject to Addendum 2 Note 10 Business Analyst Data including derivative products e g geocodes are restricted for use only in conjunction with the respective Business Analyst extension Location Analytics Data is restricted for use only in conjunction with Business Analyst Online API Community Analyst API and Location Analytics API If Licensee orders a license for Esri Business Analyst or Business Analyst Page 6 of 16 02 21 2014 g Canadian Edition or for Business Analyst Online API Community Analyst API and Location Analytics API with a subset of the national dataset 1 e Region State Local Licensee may use only the licensed subset not any other portion of the national dataset Business Analyst
158. t to use a specific vendor management procurement or invoice program For questions contact Nicholas Popovich Email npopovich esri com Phone 713 401 0658 x Acceptance of this quotation is limited to the Esri License Agreement and the Quotation Terms and Conditions This Quotation is made in confidence for your review It may not be disclosed to third parties except as required by law If sending remittance please address to Esri File No 54630 Los Angeles Ca 90074 4630 POPOVICHN This offer is limited to the terms and conditions incorporated and attached herein 5804 Government Solutions MONTGOMERY CO AUDITOR Bobby Powell P O BOX 539 ATTN ACCOUNTS PAYABLE CONROE TX 77305 United States Phone 9367605808 Fax Email Bobby Powell mctx org All Prices are in US Dollar USD Product 1 WinSvrDataCtr ALNG LicSAPk MVL 2Proc Microsoft Part P71 07280 Additional Comments DIR Contract Number DIR SDD 2503 Pricing Proposal Quotation 7925774 Created On 4 21 2014 Valid Until 4 30 2014 Account Executive Craig Bailey SHI Government Solutions 1301 South Mo Pac Suite 375 Austin TX 78746 Mobile Phone 512 822 0457 Phone 800 870 6079 x5199 Fax 512 732 0232 Email Craig_Bailey shi com Qty Your Price Total 4 6 463 00 25 852 00 Total 25 852 00 Thank You for choosing SHI GS To ensure the best level of service please provide End User Name Phone Number and E Mail Address when submitting
159. the scope of disclosure It is Licensee s sole responsibility to ensure that Licensee s Content is suitable for use with Online Services and for maintaining regular offline backups using the Online Services export and download capabilities E300 Page 11 of 16 02 21 2014 4 2 Removal of Licensee s Content Licensee will provide information and or other materials related to Licensee s Content as reasonably requested by Esri to verify Licensee s compliance with this License Agreement Esri may remove or delete any portions of Licensee s Content if there is reason to believe that uploading it to or using it with Online Services violates this License Agreement If reasonable under these circumstances Esri will notify Licensee before Licensee s Content is removed Esri will respond to any Digital Millennium Copyright Act take down notices in accordance with Esri s Copyright Policy available at http www esri com legal dmca policy 4 3 Sharing Licensee s Content Licensee hereby grants to any third parties with whom Licensee elects to share Licensee s Content using Sharing Tools the right and license to use store cache copy reproduce re distribute and re transmit Licensee s Content through Online Services subject to any terms of use and access restrictions that Licensee provides with Licensee s Content ESRI IS NOT RESPONSIBLE FOR ANY LOSS DELETION MODIFICATION OR DISCLOSURE OF LICENSEE S CONTENT RESULTING FROM LICENSEE S NAMED USERS MISUSE OF
160. tion Act Licensee may not allow any other agency entity or individual to use or have access to the Licensed Program in any manner other than inquire only unless expressly authorized by Spillman Except as specifically authorized by Spillman queries may be conducted solely for Licensee s internal business purposes and Licensee may not query the Licensed Program or permit any third party to query the Licensed Program for a third party s business purposes Licensee may not use copy modify rent share or distribute the Licensed Program electronically or otherwise or any copy adaptation transcription or merged portion thereof except as expressly authorized in writing by Spillman Licensee may not translate modify reverse assemble reverse compile or otherwise reverse engineer the Licensed Program To the extent authorized by the Texas Public Information Act Licensee may not utilize or permit a third party to access or utilize any part of the Licensed Program 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 Licensed Program 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 Licensed Program in connection with a third party s competing product No service b
161. unctional 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 Licensed Program Error Any failure of the Licensed Program to conform in all material respects to its functional specifications as published from time to time by Spillman subject to the exceptions set forth in Section 4 Error Correction Either a software modification or addition that when made or added to the Licensed Program establishes material conformity of the Licensed Program to the functional specifications or a procedure or routine that when observed in the regular operation of the Licensed Program eliminates the practical adverse effect on Customer of such nonconformity Error Correction services are subject to the exceptions set forth in Section 4 Licensed Program One or more of the computer software components and or software interfaces illm puma inc License and Support Agreements al reliable innovation developed by Spillman as identified in one or more Sales Quote Purchase Agreements between the parties the Purchase Agreement and which is licensed to Customer pursuant to the License Agreement The Licensed Program specifically excludes computer software not developed by Spillman but that might be used in conjunction with the Spillman software suc
162. ur use of the software is subject to the license terms accompanying the software and in the absence of such terms then use of the Dell branded application software is subject to the Dell End User License Agreement Type A www dell com AEULA and use of the Dell branded system software is subject to the Dell End User License Agreement Type S www dell com SEULA You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to inconsistent or in conflict with the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms Additional Terms for Public Customers If you are a department agency division or office of any district state county or municipal government within the United States Public Customer the following terms Public Customer Terms apply in addition to the foregoing terms A If any portion of the foregoing terms and conditions or any terms referenced therein is prohibited by law such portion shall not apply to you Notwithstanding anything to the contrary the End User License Agreements shall take precedence in all conflicts relevant to your use of any software B By placing your order you confirm that 1 you are a contracting officer or other authorized representative of Publi
163. ureau work multiple user license or time sharing arrangement is permitted except as expressly authorized in writing by Spillman Licensee may not install the Licensed Program in any other computer system or use it at any other location without Spillman s express authorization obtained in advance which will not be unreasonably withheld To the extent authorized by the Texas Public Information Act Licensee shall keep confidential all non public information provided to Licensee by Spillman Confidential Information including the Licensed Program future product plans price lists financial and business information trade secrets etc To the extent authorized by the Texas Public Information Act Licensee shall not use Confidential Information for any purpose other than the authorized purposes of this Agreement To the extent authorized by the Texas Public Information Act Licensee may disclose Confidential Information only to its employees who need to know such information and who are bound to keep such information confidential Licensee shall give Spillman s Confidential Information at least the same level of protection as it gives its own confidential information of similar nature but not less than a reasonable level of protection illm puma inc reliable innovation License and Support Agreements 6 7 6 8 Licensee hereby authorizes Spillman to enter Licensee s premises in order to inspect the Licensed Prog
164. urrent call and unit activity with real time status updates Automatically track radio logs to and from your dispatch center CAD Mapping AVL Site License 87 528 58 e Displays visual information about an area including street names major building landmarks police districts on a map Configure the CAD Mapping software to meet your needs e With Spillman s Geobase and mapping feature your CAD calls automatically appear on your jurisdictional map Dispatch a unit to a call directly from your agency s map by dragging the unit symbol over the call symbol or vice versa Quickest Route Site License 36 646 00 Provides the officer the quickest route on a map to the incident address based upon time of day school zones one way streets etc HipLink Paging 750 devices 75 243 00 e Allows dispatcher to wirelessly relay crucial call information to a wide range of electronic devices e Quickly communicate phone numbers alphanumeric messages call details and incident updates to public safety personnel in real time Premises Hazmat Site License 60 071 49 e Enables agencies to record extensive data on residential commercial or public lots within a jurisdiction e Store information about populated premises that are near a potentially hazardous business or premises such as chemical plant or a toxic waste plant e With Spillman s GIS software and CAD Module the system verifies addresses as you enter the data As an address is entered the
165. vector data extracted from the ArcGIS Online Basemap Services 6 Single Use License means a license that allows Licensee to permit a single authorized end user to install and use the Product on a single computer for use by that end user on the computer on which the Product is installed Licensee may permit the single authorized end user to install a second copy for end user s exclusive use on a second computer as long as only one 1 copy of Product is in use at any time No other end user may use Product under the same license at the same time for any other purpose 7 Staging Server License means a license that authorizes Licensee to install and use the Software for the following purposes building and testing Value Added Applications and map caches conducting user acceptance testing performance testing and load testing of other third party software staging new commercial data updates and training activities as described in the Documentation Value Added Applications and map caches can be used with Development and Deployment Servers 8 Term License means a license or access provided for use of a Product for a limited time period Term or on a subscription or transaction basis 9 Perpetual License means a license to use a version of the Product for which applicable license fees have been paid indefinitely unless terminated by Esri or Licensee as authorized under this Agreement E300 Page 1 of 16 02 21 2014 SECTION 2 TERMS OF
166. will be restored immediately upon the completion of Licensee s purchase transaction for additional Service Credits for the subscription account ARTICLE 6 ONLINE CONTENT THIRD PARTY CONTENT AND WEBSITES 6 1 Online Content ArcGIS Online Data is included as a component of Online Services and is licensed under the terms of the License Agreement 6 2 Third Party Content and Websites Online Services and ArcGIS Website may reference or link to third party websites or enable Licensee to access view use and download third party Content This Agreement does not address Licensee s use of third party Content and Licensee may be required to agree to different or additional terms in order to use third party Content Esri does not control these websites and is not responsible for their operation content or availability Licensee s use of any third party websites and third party Content is as is without warranty and at Licensee s sole risk The presence of any links or references in Online Services to third party websites and resources does not imply an endorsement affiliation or sponsorship of any kind ARTICLE 7 LICENSEE S WARRANTIES Licensee warrants that Licensee s Content or use of Online Services with a product process or system not supplied by Esri or specified by Esri in its Documentation will not 1 infringe or misappropriate any third party intellectual property rights or proprietary rights ii violate any third party s privacy rights
167. y both parties Professional services agreements may also include license terms Some Esri software is copy protected with a software keycode or hardware key and some software data web enabled services or subscriptions require registration or a password You will be given instructions to access the keycode register or obtain a password through the Esri website or by other means MAINTENANCE After expiration of any complimentary period of maintenance that may apply to the licensed software Esri will quote maintenance payable annually in advance A reinstatement fee applies when maintenance has lapsed DATA AND WEB SERVICES DISCLAIMER Data and Web Services may contain some nonconformities defects errors or omissions THE DATA AND WEB SERVICES ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND Without limiting the generality of the preceding sentence Esri and its licensors do not warrant that the data and Web Services will meet Licensee s needs or expectations that the use of the data or Web Services will be uninterrupted or that all nonconformities can or will be corrected Esri and its licensors are not inviting reliance on this data or Web Services and Licensee should always verify actual data or Web Services DELIVERY FOB Redlands CA USA G272 Page of 2 04 29 2011 Software Allow thirty 30 days from Esri s receipt of purchase order signed Software License Agreement s and other documents as required Hardware Manufactu

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