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5.5. SR 03-05-2007 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Administration March 5, 2007 Item Description Authorization to Purchase Police De attment Software Item Number 5.5. Prepared by effre A. Beahen, Chief of Police Reviewed by Lori ohnson, Ci Administrator Introduction Last year, the police department presented to Council our Mobile Software Implementation request, which was approved as part of our 2007 budget. The initial phase of that project was undertaken and the mobile portion of the new system is installed and operational. We are now ready to transition to the records portion of the new software and are asking permission to upgrade our records management system. Discussion The police department is requesting to upgrade the current records system to complete the automation of our records process. The purchase and installation of the LETG records system will provide the police department with an automated process that eliminates most of our redundant data entry tasks. This is accomplished by electronically transmitting our reports, citations, accident reports and other data direcily from the squad computer to our main records system. It also provides us with automated case dispositions and records interface, something that is now done by hand, and a task that is very time- consuming and labor intensive. Records staff, who currenily spend the majority of their time doing the data entry, will be given new tasks to complete. Some of these tasks will include: . Data entry review-insuring accuracy and compliance with court and legal requirements. . Crime analysis-using the data to predict crimes and crime patterns. . Using data analysis information to help coordinate programs with crime prevention specialist to educate community on specific crime concerns. . Assist with property room tasks, such as filing of evidence, case disposals and evidence purging, and audits of property containing in the evidence area. . More current transcription duties-we are sometimes over a week delayed in completing transcription assignments. In addition to the time savings seen here at our department, the implementation of the records upgrade will impact a multitude of othcr governmental agencies, who will also avoid the duel data entry process that occurs when we take reports. Other agencies impacted who will see savings include the following: S:\Council\Police\LETG Proposal to CounciLdoc . Sherburne County Sheriffs Office. ~e will be able to close our own initial complaint reports in the squad car, instead of calling in the information by radio and having the dispatcher type the details. We will also be able to later add supplemental notes to any given call.) . Court Services-Sherburne County. (fickets will be automatically entered into their database.) . Minnesota District Court Services. (Same as above.) . State of Minnesota Department of motor Vehicles. (Automatic entry of State Accident Reports.) . Any other Law Enforcement Agency in the State. ~ e will be CIBRS complaint. Entering our data in a way that the primary case information will be available in a secure Web environment which allows other departments access to our basic case data for criminal investigative purposes only.) Although the process may seem simple, and in reality it operates in a simple manner, it is the backbone and interoperability of the LETG system that makes this all occur. It is the ability for LETG to link our system with the Criminal Justice Information System (CJIS) and the Minnesota Criminal Information System (MNCIS) as well as the adherence to the Federally mandated NCIC 2000 protocols and the compliance with the Federal CIBRS requirements that makes LETG the effective and efficient software system that it is. The exact backbone components of the LETG system, and the background of their developments, are laid out in the attached documentation contained in the LETG proposal. The move forward to a new records system, aside from the time savings, is critical for other reasons as well. Our current records server, which was installed in 1999, is vasily outdated and needs to be replaced. It is running on the I\ficrosoft NT operating system, which we discovered this past week does not support the virus protection needed to protect the department from an acute, viral attack. Our infrastructure on the police side was hit by a variant of a worm virus that had hit the Internet several years ago. The new variant was designed to not only find a hole in the firewall, but to prevent upgrades to our virus protection. Although this virus has been located and mostly removed, we are not able to adequately protect our records server, as it is outdated and not able to be protected by our newer software. Our records are the backbone of this agency, and they must remain protected and their integrity and stability-uncompromised. Financial Impact The cost for the upgrade to the records portion of the LETG software is $250,367.08. We have budgeted $60,000 in Capital Outlay for this expenditure in 2007. We had originally planned to lease the remaining portion of the project out over five years. Of the $250,367.08, we have credits due for mobile software or equipment that has already been purchased. When those credits are applied, the remaining price is $232,797. This leaves $172,797 to be fmanced or funded. The finance department however has come up with a plan to fund the remaining part of this purchase with existing funds to avoid financing charges. See the finance memo for complete details. In addition to those expenditures, we have some measurable and immeasurable savings attached to this upgrade. S:\Council\Police\LETG Proposal to CounciLdoc In terms of our staffing here, it is predicted that with the data entry time being saved, that we have now added 5-7 years to our projected staffing plan before we will need to add additional office staff to our clerical unit. In addition, we were going to budget for a part-time evidence technician in 2008 to handle our property room details. That position as well can be deferred for 7-8 years. This add up to savings (l'vlinimally) of $60-$70,000 a year. (Entry level clerical at $44,000 a year including benefits and a part-time evidence tech at $26,000 a year) The parts that are difficult to measure are the hours of time spent currently by the investigators and patrol staff, doing clerical duties, when they should be doing other investigative or patrol work. Having the available clerical support to perform these duties will allow these officers to spend more time on their assigned tasks or working proactively on other police duties. Last, the impact that the automation of data entry will have on the County and State is beyond my ability to measure in terms of F.T.E. savings, but it should at least be noted that tens of thousands of incidents that are first entered here will not have to be reentered, nor will they have to be reentered on the State or County level. That equates to savings for everyone involved, over a long period of time. Attachments . Original memo and proposal to the Council from 2006-approval of the mobile project. . Financing Memo from Finance Director Tim Simon . LETG System Upgrade Proposal Action Requested Approve purchase of LETG software at a cost of $232,797 with $60,000 from 2007 budget and the balance as recommended in attached memo from Tim Simon, Finance Director. Council Action Motion by_ Second by _ Vote Follow Up s: \ Council\ Police \LETG Proposal to Cuunci!.doc MEMORANDUM TO: Mayor and Council Members FROM: Tim Simon, Finance Director DATE: March 5, 2007 SUBJECT: Police Software Purchase As stated in the staff tepott, the police budget does have $60,000 in capital outlay fot the purchase of this softwate. This leaves a temaining balance of $172,797 to be financed Ot funded internally. I am tecommending that the temaining amount be fmanced internally through the Capital outlay teserve fund. The Council does have the option of having the genetal fund tepay the amount ovet thtee yeats @ $57,599 pet yea! to the Capital outlay teserve fund. The following table lists the amount available to internally finance the softwate purchase. Capital Outlay Reserve (undesignated as of 12/31/06) Amount committed to Libtary construction project Amount available to internally finance the softwate $ Unaudited 1,886,624 (641,000) 1,245,624 $ City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Item Number Prepared by Item Description Mobile Software 1m lementation Police Reviewed by ,.::yp<OV;l?f::::, .5- 0 Introduction On August 14th 2006, I presented to the Council a budget request for 2007 that included the purchase and implementation of new mobile software and hardware in the 2006 budget year. Adequate funding is available for that purchase now. Discussion Council will recall that discussion from August, and the desire to upgrade to the new LETG records and mobile systems, which will afford the department the chance to automate the data entry process, freeing up considerable staff time, not only here at the police department, but in court services as well. I met with the State Court staff in September, and discovered that although grant money was available, it was for conversion of systems that are not compatible with the new court services system. (MNC1S) Our new proposed system is not only compatible, it is the only system working directly with court services to implement the automated reporting. Other systems wili be brought on board during the next 1-2- years. MNCIS in Sherburne County will be brought on line December 1, 2006, and will be ready for our input at that time. The State and County are very enthused about Elk River being the first system on-line, as we write the largest share of citations in Sherburne County. The merits of the system have already been discussed, and my belief is that the Council is behind the new system. This request is more a formality to have the specific purchases for 2006 approved. Document6 Financial Imnact As stated in my previous memo. We had budgeted $25,000 for bar coding software and equipment. The new system has that built in, so those funds are available. We also nave budgl:leu $18,978 for our ~nnual Visionilire maintenance fee. That will not need to be paid, as we will be changing over to LETG as our new software provider and will not pay any maintenance fees in 2006 or 2007. (Additional savings next year of over $19,000) Our IT department has $15,000 available for hardware upgrades, and $6,000 in consultation costs that were set aside and available for this project as well. With $64,978 available in existing 2006 budget funds, we are well within our budget to implement the LETG Mobile Software or EMERTS, with a price of $46,480. Because this price is under $50,000, there is no requirement to put this purchase out for bid. In addition, LETG is currently the only vendor authorized by the State of Minnesota for the direct mobile reporting to MNCIS starting in December. Last, as stated in the attached detailed memo from August, we will save full time equivalent hours with this implementation-as this time estimated to be between .5 and .75 FTE. This equates to employees being reassigned to other details, with an FTE wage equivalency of approximately $31,200 a year. Attachments August 14th memo to the Council and current LETG pricing. Document6 Action ReQuested Request approval of the 2006 mobile purchase as proposed. Council Action Motion by Second by Follow Up vote Document6 Elk River Police Department 2007 Budget Addendum Public Safety Records Management Software Proposal Submitted by: Jeffrey A. Beahen Chief of Police Project Manager August 14, 2006 2 Introduction: In 1999, the police department requested an upgrade to their computer system, which had been purchased in 1984, and a new records management system and mobile computer system were installed. A records management system (RMS) was purchased after bids were let, and the RMS system installed was called "Vision" Vision RMS is a records system based on a Microsoft Sequel, version 7, data storage system, a common and reliable platform for data storage. The RMS system is basically proprietary however in that the agency can not make changes to the system, but can advocate changes as part of a user group. This group however is nationally based, and changes are often difficult to obtain. Since 1999, software and hardware changes have been constant, and unforeseen. The platform on which we built our RMS system alone has changed from Windows NT, to Windows 2000 to Windows 2003. Additional platform changes are right around the corner. Although our RMS system operates efficiently and is unhampered by these changes, it is but one small illustration of the vast infrastructure and system enhancements that have taken place over the past seven years. We are proposing replacing our system with a new RMS platform, that addresses the needs of this agency for many years, and unlike the Vision system, it is browser based or accessed through the world wide web, so not only is access easier, but the department is not responsible for maintaining as much of the operating platform, insuring us that as future technological changes occur, we will not be left behind. Problem Identification: We were inspired to look at a new system while pursuing an upgrade to our current processes. We had approval from the Council to implement a bar coding system for evidence tracking purposes. We found that this integration was cumbersome and the end result would be a bar coding system that albeit would code and track the evidence, it would not be fully system integrated and thus the value was minimal. One of the software systems offered however was a complete integrated platform, which not only offered us the chance to see what full integration does, it allowed us to see how little system integration we actually had. 3 The desire to implement a new RMS system is not so much problem solving or resolving what does not work, but rather being proactive in finding ways to better handle our daily workload and improve the utilization of our staff. We are seeking a cost effective way to vastly improve our reporting process, greatly increasing our efficiency and effectiveness. I am confident that the Council will see an approved RMS system that has the proven ability to outperform our current system in almost immeasurable terms. Why not utilize our current platform? Vision Software was sold to another vendor in 2003, and it became "Visionaire Public Safety". At that time, they removed all their Minnesota support and sale staff, and implemented a national call center for departments to access, either for software glitches or system questions. This loss of a Minnesota support network hampered our relationship with our RMS provider, and although the system operates very well, it is basically the same system that we purchased in 1999, with small improvements and changes being made along the way. The software world in general has passed Visionaire by, leaving us wishing that there was far more efficient ways to process the vast amount of information we input each and every day. We became aware of this product, that upon viewing a demonstration of same, made us realize that there is a system out there that is revolutionary in terms of what it can do, has immeasurable time savings contained within, and has the long term ability to be adaptable, upgradeable and is marketed and devised by a totally Minnesota based company, with invaluable operational links to the State of Minnesota-specifically the Department of Motor Vehicles. The other, likely most important feature, is that the product we are looking at is CIBERS compliant. CIBERS is the new format that all police departments must utilize for crime reporting to the State and Federal agencies that track crime data. All agencies must be CIBERS complaint by 2008. At this time, only LETG is CIBERS compliant, and CIBERS operational as well. The value of this proposed program is in the changes in efficiency rather than utilizing things that are broken or outdated. As this project is laid out for the reader, it should become obvious how much change is possible and the value of this proposed system for the City of Elk River. -- -- -- ---- - - 4 Exe<:utiveSpon&Ol' Chief Jeffrey A. Be2l1'1en ~ , Steering Committee Rolfe, K1untz, Masica, Vita I projecl~.n."'" I "hi", Jdn. A. e..I~, . User Committee Patrol Sergeantl Technical Support Team 1_lnvestigator Pearson Nicka 1.cleric2l1 1-Patrol ~ . ~ Ad Hoc Committee Patrol Clerical Data Transfer Mobile/COMAhlletvisioll Morelal Masica Pea""" NIcka PatroloffLCer MorriS ~ State Interlace/MINClSlOVS lETG 5 BENEFITS AND GOALS OF NEW SYSTEM IMPLEMENTATION . More accurate and complete data retrieved and archived. . Data and information is available in a more timely fashion. o Increased search capability. o Higher case clearance rate results. . Enhanced information in the squad, which can lead to: o Higher overall arrest rates. o Higher warrant arrests. o Reduction of radio traffic. o Reduction in errors. o Higher data accuracy. o Reduction is dispatch times. o Reduced response times. o Increased patrol times. o More time for citizen contact. . A greater reduction in redundant data leading to: o Greater efficiency o Greater accuracy . Tremendous reduction in paper documents. . Better decision making by officers in the field, detectives investigating a crime and management, in allocating resources. . More complete, accurate and accessible information will improve reporting and trend analysis, streamline data processing and workflow, and will ultimately enhance officer and publiC safety. o Allows better information analysis. o Geographically based. o Real time. o Allows for more efficient resource assignments. BUSINESS PROCESS BASELINE . Current practices 1. Current technology implemented in 1999 2. Actual software was developed in 1996 (Ten years old) . TechnoloQY is rapidly evolving, leaving us far behind. 1. No Computer Aided Dispatch (CAD) link 2. No direct field interface with records management system. (RMS) 3. No automated mobile field reporting. (AFR) 4. No automated field accident reporting. (MAR) 5. No automated citation system. (MNCIS) 6. All basic reports are handwritten and later have to be reentered. (Dual entry) 7. No bar coding feature. 8. No ability to track evidence. 9. No ability to audit evidence. . No interface to courts for case dispositions or cases disposals. . Implementation as proposed would allow department to reallocate staff as follows: 1. Redeploy or reassign two data entry staff (2-FTE) 2. Reduce amount of staff time to .5 full time equivalents. (FTE) 3. Reduce supervisory time by 1-FTE. 6 7 Case Study for Change to New System Issues pertaining to direct users: 1. Browser based a. Much faster access to data than current system. b. Easy to interface from a variety of locations. c. Able to interface direct wIth web site to allow community access to crime data. 2. Easier system for our IT staff to maintain. Maintenance of backbone is done by software provider. a. Upgrades are pushed out to the user via the browser, no need for IT to go around and update each Pc. b. Upgrades are real time. 3. Not proprietary based. Same technology that is used on the web, every day by almost everyone. Simple, easy to use. Allows access and ease of interface with not just Microsoft products, but almost any other commercial software available. 4. Will be able to have complete paperless reporting; a. Motor vehicle accidents b. Traffic citations c. Incidents reports i. Clerical staff take on task of validating ii. Reassess assignment, redeploy workforce iii. Creates a proactive vs. reactive agency 5. Integrates new technology. a. Printers in cars, eliminates needs to purchase traffic citations b. Drivers license swipes in each car. c. Ability to utilize inexpensive PDA's (Palm pilots) in place of expensive laptops for investigators and command staff. d. Eliminates some recurring monthly expenses. e. Full bar coding system. f. Ability to locate and track evidence. 6. Times savings. a. Be able to complete accident reports in the car, no need for the officers to return to the station later and reenter the form. 8 b. Evidence audit-currently not done, almost impossible to do by hand. Will be able to do so in the future within minutes, and at any time. c. Evidence disposal. Current practice is to get dispositions in writing, go through files by hand and then dispose of item. Takes hours to get through just a few items. New system will link court database with evidence tracking-disposal will occur real time. d. Ability to associate and import any data file to the case file electronically. Video, photos, either BIT/JPG/HTML. e. Ability to input or even create our own forms. Not just generating a form, but easily creating one that when used, the data inputs directly to the RMS system. f. No ticket printing costs. We currently pay over $5,000 a year. That cost would be greatly reduced, perhaps less than half. 7. Ease of access. a. Ability to customize the search engine. b. Data is very easy to find. c. No need for cumbersome Crystal reports or links. 8. Ability to link or interface with CAD. Buffalo PD did this with Wright County who has the same software that Sherburne County has: 1. Ability to access current call screen, all data surrounding the call. 2. Ability to access prior call history. 3. Ability to access prior call history date. (Phone numbers, names, vehicle information, etc.) In-Direct Users . MNCIS (State and District court systems) . Department of Motor Vehicles (DVS) accident reporting system. . Community via the web interface. . Local paper (Automated weekly news reports) 9 FUNDING . Currently have $50,000 available this year to start the project. $25,000 from bar coding, $13,337 in a maintenance contract that would have been paid to Visionaire and approximately $15,000 in IT management funding that is available. The IT costs were going to be used to upgrade our current RMS server- which is running low on space. . We have the ability to lease. With $50,000 down, we can spread the system costs out over 5-7 years, making the system not only affordable, but also less impact on a single year's budget. . The department has paid over $77,000 in annual maintenance costs thus far to Visionaire. We don't feel that are return on that investment has been very rewarding. . The fixed costs for the new system are much lower than what we paid to start our current RMS system in 1999. There is still a 15% annual maintenance cost for this new project. (The industry standard) . The 10th District Court announced on Thursday August 10, 2006, that they have been awarded funding from the State to implement the MNCISjPolice Department citation interface. That interface is a pilot program utilizing LETG, the software firm that we wish to purchase our new software from. Details of the funding will be made available on Sept. 8th, 2006. It is anticipated that as much as 25% of the project costs might be absorbed through this grant. 10 WHAT WE WANT OUR SYSTEM TO DO: (Specifics as identified by the Ad Hoc Committee) GENERAL: . -Integration between all modules (w/ CAD Intertace) . -Single entry point (not duplicating data entry) . -RMS will automatically submit data to external sources (i.e. CIBRS, etc.) . -Single data base . -RMS should provide capability to generate inquires from external and internal data sources . -Interface with state and federal agencies . -System will allow settings for specific security access MOBILE: . Access to full RMS and evidence modules . Automated ticket writing (D.L. swipe, ticket printer) . Use of D.L. swipe will automatically populate the offender information to the citation . Also written warnings and repair orders . Audit ability to track where citations are issued by area as well as missing numbers . Field reporting (integrated to RMS) . Imports data from CAD (if interfaced) . Has the ability to create and alter forms (Le. tow sheets, property report, etc.) . Mapping software . Automated accident investigation/reporting, must allow for the state accident reports to be written and drawn using the DVS site and download the report to RMS. System will also automatically populate the information off a driver's license or license plate to the form. . CAD (with proper interface in place) . Mobile messaging . Ability to communicate with external entities and access DVS photo files 11 . Prior call history and alerts, as well as being able to place a safety notice on an address . Ability to use GPS . Mobile equipment check-out (officers can type in what PBT, radar, camera, etc they have) . Ability to do activity log from the car . Ability to access RMS files for permits, animal licensing, handgun permits, etc. . Ability to record and save in RMS verbal and/written warnings reference traffic, curfew, etc. . Internet access . Future integration with B&Z for the ability to bring up blueprints in the field . Ability to access aerial photos of an area RMS: . User friendly . Browser based . Master name, vehicle, and location index . Incident and field reporting . Case management (user friendly) . Ability to assign cases . Ability to audit open cases assigned to a particular officer . Case aging report . Activity follow- up . Crime analysis (ability to see where the problems are occurring and when) . Activity type . Time of day . Day of week . Combination . Date range . Address range . Method of operation comparison . Training records (ability to maintain and audit staff training records) . Equipment inventory . Permit files (animal licenses, hunting permits, gun purchase permits, city licensing-alcohol, tobacco, etc.) . Ability to access juvenile data separately from adult data . Ability to tie a juvenile entry to the parent or guardian 12 . Ability to import digital information (dictation files, digital photos, etc.) EVIDENCE: . Fully integrated bar-coding system . Auility to lead up to date evidence reports from (l"y ;lllthnri7pd workstation . Holds chain of custody . Ability to import files (jpeg photo files, etc.) . Electronic signature ability . Integrated ability to construct form letters to notify property owners of disposition . Property audit trail ability . Ability to track evidence through case file number . Notification system when case is outside statute of limitation . System will provide a means to match stolen property with recovered property . System will provide a means to easily replicate data 13 PROJECT COSTS: To place this project out for bids would require the use of a consultant. The Edina Police Department had the cheapest rate for a consultant we could find, and that was $30,000. Other related projects in Mille Lacs COllnty. c.row Wing County, Buffalo, Isanti County and others, have incurred consultant fees as high as $145,000. One way to avoid these costs is to start small and then add on to the system as the funding becomes available through our lease program. We can start the process and avoid bids by purchasing the first section of this new RMS project, the mobile piece, for under $50,000. No formal bid process would be required, thus eliminating the need to hire a consultant and pay the cost to develop a request for proposal and bids. We have the IT staff in-house that could assist with that process, but a consultant would still be needed to draft the required documents for the requests. Edina's RFP was almost 175 pages in length. We have examined the other vendors who are available, as well as looking at our current software provider as potential options instead of LETG. None of these are viable solutions, and our IT staff strongly advocated the LETG solution for ease in long term maintenance, ability to implement future change, and the browser based solution provided as the primary means on interface. In addition, LETG is the only solution that is working with the State to accomplish the DVS and MNCIS interfaces. Our IT manager Bob Pearson has thrown his total support into the LETG project, and has been a strong advocate for migration to a solution that offers this much efficiency and enhanced performance. If approved, we would work the vendor on lease options, and would structure a payment program that would be cost effective for the next 5-7 years. See the attached spread sheet for exact details. 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Proposal prepared expressly for: Elk River Police Department Records Management System System Upgrade Proposal January 7, 2007 Law Enforcement Technology Group, LLC 6120 Berkshire Lane, Plymouth, MN 55442 763-208-7996 Table of Contents Executive Summary Vendor Profil e Project~anagement Training Maintenance and Support Agreement Support Plan Additional Information Pricing 3 6 12 16 18 27 30 31 Law Enforcement Technology Group, llC (LETG) 1951 Wood/ane Drive Woodbury, MN 55125 Phone 763-208-799] Executive Summary (Confidential) Law Enforcement Technology Group, LLC (LETG) specializes in the development, integration, and implementation of computer hardware and software systems for law enforcement and government-related entities. LETG's innovative systems provide: a stable network environment; the allowance for information sharing amongst applications that avoid unnecessary duplication; the most appropriate safety and security measures; and advanced data integrity solutions. LETG was founded by Jeffrey D. Gottstein in 2002. Mr. Gottstein's background includes: ~ 13 Years of Law Enforcement experience ~ 18 Years of computer development and programming ~ AA Degree in Law Enforcement ~ BA Degree in Training and Development ~ MBA Degree with specialized studies in the Strategic Management of Information Systems LETG has extensive knowledge in the use and maintenance of many law enforcement systems, including: ~ cns (Criminal Justice Information System) ~ MNCIS (Minnesota Criminal Information System) ~ Minnesota Statewide Supervision System ~ PS Portals roll out and system requirements ~ DMV (Minnesota's Department of Motor Vehicles) ~ KOPS (Keep our Police Safe system) ~ CrimNet (Minnesota's criminal justice information network) ~ Gangnet ~ POR (Predatory Offender Registration Information) ~ MRAP (Minnesota Repository of Arrest Photos) ~ Numerous records management systems ~ Various mobile client software systems ~ TCIS (Statewide citation data system) ~ NCJC 2000 protocols Law Enforcement Technology Group, UC (LETG) 1951 Woodlane Drive WoodbUl)', MN 55125 Phone 763-208-7991 LETG also has extensive knowledge in the use of many commercial software applications, including, but not limited to: )> Windows 95. 98. 2000, XP )> Office 97, 98, 2000, XP suites which includes MS Word, Excel, PowerPoint, Access, and FrontPage )> Pocket PC )> Visual Basic, Dot Net, C#, ASP.NET )> MS Sql Server, MySql )> Windows NT Server )> Windows 2003 Server ~ Several other commercially available and customized software applications LETG is an authorized vendor for many hardware and software applications that facilitate technological advancements and is also an authorized reseller for the following hardware and software components: )> NetMotion Wireless )> Datalux Computers ~ Symbol barcode and wireless products )> Zebra printers )> ID Innovations magnetic stripe and barcode readers ~ Civica Platescan )> ScenePD )> Easy Street Draw )> Pentax Pocket jet Printers and Scanners )> Radix Ticket writing printers )> Sprint PCS products ~ MDS Wireless Products ~ Trimble GPS Solutions )> Antenna GPS Understanding law enforcement's myriad technological needs, LETG has established itself as a software solutions innovator through sophisticated development processes; unique integration techniques; and through strategic alliances with numerous service providers. LETG's competitive advantage stems from its highly functional mobile package system, known as eMERTSTM, its comprehensive browser-based Records Management System (RMS); and its partnership with IPC 9]] for Computer Aided Dispatch. All three components comprise an innovative and comprehensive solution to enhance public safety services. Law Enforcement Technology Group. UC iLETG) ]95] Woodlane Drive Woodbury. MN 55]25 Phone 763-208-799] Current customers have come to appreciate the value added benefits of LETG's technical architecture, infrastructure, and strategic alliances. Also, with our recent RMS deployment in the cities of Buffalo, Howard Lake, and Annandale; LETG became the firE! RHS pro"ider to meet all of Hinnesota's CIBRS r~q'liremenls lETG j~ l"e f;ryt company to report into CIBRS in conjunction with the Buffalo project. The Elk River Police Department's operational capabilities and effectiveness will be significantly augmented through: sophisticated mobile technology that utilizes field- based reporting, automated ticket writing, messaging, A VL, GPS, and GIS functionality, which will allow for greater efficiencies and response capabilities; along with LETG's comprehensive RMS. The entire suite of products and services will offer a direct benefit to the Elk River Police Department and to the multiple communities it serves. LETG's technology will surpass typical RFP requirements by offering a full suite of products and service solutions. Our experienced development staff will manage the technical adaptations and implementation strategies of the eMERTSTM systems for the Elk River Police Department. LETG's management team is also poised to exceed your requirements, and is confident that our services will surpass your expectations. Our company has established itself as an innovative solutions provider through the creative development and integration of software, hardware, and systems technology. LETG offers its law enforcement customers a host of comprehensive services and solutions to exceed their technological needs. LETG is enticed by this opportunity and looks forward to working with the Elk River Police Department to provide a compatible, secure, and stable solution. Lastly, it is important to note that LETG and its products and services were built by Minnesota public safety officials for Minnesota's public safety officials. LETG is thankful for your time and thoughtful consideration in this matter. Sincerely, Jeffrey D. Gottstein President lAw EllforcemenT Technology Group, LLC (LETG) 1951 Woodlane Drive Woodbury. MN 55125 Phone 763-208-7991 Project Management The Proiect Manal!er: . Acts as the single point of contact for working with LETG . Has sufficient authority and responsibility to make decisions on a day-to- day basis about the project . Coordinales the aClivities of the LETG personnel and resources . Provides sufficient resources to implement the operational use of the system . Secures contract change approvals as required . Defines resources required to support the project. At a minimum it is expected that the project will require a System Administrator, Database Administrator, Application Specialist, and Application Trainers. Vendor's Scope of Work LETG will make available for this project, our expert staff of highly qualified individuals directly involved with Public Safety systems sales, support and development. With the LETG system we are proposing an integrated state-of- the.art solution that meets and in many cases exceeds the requirements requested. Our proposal includes a system designed to provide Police, Fire, Emergency Medical Services, and OES including Hazardous Materials, natural and man-made disasters dispatching. The system solution from LETG is a turnkey proposal with software, interfaces, implementation and on-going remote software and on-site support. Prime Contractor Responsibilitv Equipment, materials, and services provided by a third party for this contract will be managed by the Elk River Police Department or by LETG as systems integrator, whichever best fits the need. LETG as prime contractor for the project will manage the procurement of all proposed products and services. In this role, LETG will be the sole point of contact with regard to contractual issues including payment of any and all charges resulting from the purchase of the proposed hardware, software, and services. LETG takes full responsibility for the demonstration, delivery, installation, and acceptance testing of all items proposed. LETG will also provide maintenance and warranty for the Law EnforcemenT Technology Group, UC (LETG) 1951 Woodlane Drive Woodbury, MN 55125 Phone 763-208.7991 contracted products and ensure that all third-party warranties are extended to the Elk River Police Department. Vendor Responsibilities: LETG Project Manager . Reviews the proposal and final contract internally and with the Elk River Police Department Project Manager . Directs the project as the LETG contact and is responsible for project performance from initiation to closure, which includes planning, organizing, managing, and controlling all aspects of the project to ensure that project tasks are performed according to the approved project schedule . Coordinates the project kickoff between the Client and LETG . Reviews the initial project schedule . Conducts an initial post-contract site visit/evaluation/review . ldentifies any known items that may impact the availability of resources during the project lifecycle . Reviews interface requirements . Reviews subcontractor commitments . Resolves any discrepancies or conflicts . Reviews initial proposed project information and proposed deliverables to ensure compliance with final contracted project configuration . Initiates project reporting and filing systems . Establishes the Client resources required for LETG project management, such as work space, telephone, office and copying services, site access, and other communications, such as e-mail . Establishes project change order procedures . Resolves training logistics considerations such as schedules and classroom resources . Responds to the Client's inquiries . Obtains written clarification of change requests for interfaces and other custom development before establishing a development schedule . Monitors critical schedules such as custom development . Processes requests for quotes . lnitiates requests for quotes Law Enforcement Technology Group, LLC (LETG) ]95] Woodlone Drive Woodbury. MN 55]25 Phone 763-208-799] . Processes contract change orders . Monitors subcontractor commitments . Conducts design review sessions between subcontractors and the Client perr;;nnnpl (if TP']l1irpii) . Coordinates logistics for all on-site activities . Researches alternatives and sources for required contract changes The Elk River Police Department's Proiect ResDonsibilities: . The Elk River Police Department (Client) Project Manager will work directly with LETG to direct and coordinate all activities on the Project. This person will provide the technical vision for the Project and assure that this is consistent with the overall Department direction. The Project Manager will be responsible for communications with agency management and coordinate any support requirements from the executive team. . Acts as the Department's single point of contact for working with LETG . Has sufficient authority and responsibility to make decisions on a day-to- day basis about the project . Coordinates the activities of the Agency personnel and resources . Provides sufficient resources to implement the operational use of the system . Secures contract change approvals as required Third Partv or Unassil!ned ResDonsibilities: As the Project Schedule is built and tasks further defined, it will become more apparent if there are any unassigned responsibilities throughout the work breakdown structure. It is expected that this list, if any, will become more apparent and defined as the RFP and Proposals are compared and we have the opportunity to discuss our solution with the Customer. Proiect Plan and Schedule: By definition, any project involves a degree of uncertainty. To reduce risk and manage uncertainty, LETG Projects are divided into several project phases to provide tight management control and appropriate oversight of the performing organizations. Collectively, the project phases are known as the Law Enforcement Technology Group, UC (LETG) 1951 Woodlane Drive Woodbury, MN 55125 Phone 763-208-799] Project Life Cycle. Each Phase is results-oriented and measured by the completion of specific measurable tasks or deliverables. Our project methodology ensures a tangible, verifiable work package that includes clearly stated user requirements, reasonable and achievable expectations, appropriate technology chOlces, cost-ettectJve and ettlclent resource aUocatlOn, and identification and handling of critical issues. The deliverables, and hence the phases, are part of a generally sequential logic designed to ensure proper definition of the project. Success requires a disciplined approach to defining requirements and designing a solution to ensure a successful implementation. Proiect Closure Activities After system acceptance and cut over to live operations, the Project Manager will make sure the procedures specified for project wrap-up are completed. Project wrap-up activities involve tasks that take place after acceptance and cut over. Note that maintenance would normally start at cutover, but with very large systems, as major portions of the contract are placed into service, maintenance can be phased in for that portion, to better manage all the changes taking place. Typical activities include: . Agreed resolution of any system issues identified in a punch list at the conclusion of Acceptance Testing and prior to cut over . Resolution of any outstanding invoices or credits associated with the project implementation . Transition of the project to the Support organization . System Support Law Enforcement Technology Group. LLC (LETG) 1951 Woodlone Drive Woodbury, MN 55125 Phone 763-208-7991 Training All of our trainers have real-life experience as dispatchers, peace officers, and/or system admmlstrators. Each trainer has been through extensive 1'lUUUU uaining. Our trainers' knowledge and experience allow them to communicate effectively with in-service personnel using terminology and real world examples that facilitate learning. All training provided will meet or exceed the Elk River Police Department's needs. A detailed Training Plan will be developed and delivered to the Elk River Police Department for approval as part of the project definition phase. Recognizing the Elk River Police Department's space availability constraints for the extended time period required to train all necessary personnel, we will work together to identify appropriate training facilities on or near site. Connectivity to the test/training system can be accomplished over a wide-area-network or if necessary, a full functioning temporary local-area-network can be created in the classroom. The use of two projectors to act as monitors on a training computer are required as well as one training computer per two students. It is highly recommended, that additional training workstations be available to on-duty personnel at or near their duty stations. All initial training will be provided on-site, at times that meet the Client's needs. Update and refresher training is generally provided using "net meeting" or a similar web. enabled process. It is assumed that all in-service personnel attending the following classes are experienced Windows users. If not, we can assist in referring the Elk River Police Department to appropriate trainers for operating system users. Training Documentation To meet the needs of the Elk River Police Department's end user and administrator's training, documentation will require customization. Copies of all training materials and documentation will be specific to the systems implemented by the client and will be provided as required by contract. Law Enforcement Technology Group, LLC (LETG) ]95] Woodlane Drive Woodbury, MN 55]25 Phone 763-208-799] Training Manuals and Materials . Training manuals will include the following . Inslructor Manual(s} . SlUdent Training Manual(s) . All manuals in other media format (HTML, PDF) In addition to the above, the System Administration Manual, User Manuals, System Reports Manual. course outlines with training objectives and other system documents will be provided as specified above. Training Schedule Training can be scheduled to accommodale multiple shifts and alternative working hours. The training schedule will be contingent upon the project timeline, impact of training on departmental operations, and trainer availability. lAw Enforcement Technology Group, LLC (LETG) 1951 Woodlane Drive Woodbury, MN 55125 Phone 763,208,7991 ( Confidential) ~~i' 'DrI":~~~]' ~.J~- .:.:JE",,::,\ ~> ~~~,? _ ='i&-, "ff:<' ~~h';.",i( Maintenance and SUDoort A!!reernent Law Enforcement Technology Group, Inc., HLETG", a Minnesota corporation (LETG or "Seller")'having a place of business at 6]20 Berkshire Lane North, Plymouth Minnesota and Elk River Police DCDartment ("Customer"), having a place of business at 13065 Orono Parkwav Elk River, MN 55330 enter into this Maintenance and Support Agreement ("Agreement"), pursuant 10 which Customer wilJ purchase and SeBer will sell the maintenance and support services as described below and in the attached Exhibits. Seller and Customer may be referred to individually as "party" and collectively as "panies." For good and valuable consideration, the parties agree as fcHows: Section 1 EXHIBITS The Exhibits listed below are incorporated into and made a part of this Agreement. ]n interpreting this Agreement and resolving and ambiguities, the main body of this Agreement will take precedence over the Exhibits and any inconsistency between the Exhibits will be resolved in the order in which they are listed below. Exhibit A Exhibit B Exhibit C Description of Covered Products Support Plan Support Plan Options and Pricing Worksheet Section 2 DEFINITIONS "Equipment" means the physical hardware purchased by Customer from Seller pursuant to a separate System Agreement, Products Agreement, or other form of agreement. "Law Enforcement Technology Group" or "LETG" means Law Enforcement Technology Group, Inc., a Minnesota corporation. "LETG Software" means Soflware that LETG owns. The term includes Product Releases, Standard Releases, and Supplemental Releases. "Non-LETG Software" means Software that LETG does not own. "Optional Technical SUppOTt Services" means fee-based technical support services that are not covered as part of the standard Technical Support Services. Law Enforcement Technology Group, LLC (LETG) 1951 Woodlane Drive Woodbury, MN 55125 Phone 763-208-7991 "Principal Period of Maintenance" or "PPM" means the specified days, and times during the days, that maimenance and support services will be provided under this agreement. The PPM selected by Customer is indicated in the Support Plan Options and Pricing Worksheet, Exhibit C. "Products" means the EQuipment (if applicable as indicated in Exhibit A) and Software provided by Seller. "Releases" means an Update or Upgrade to the LETG Software and are characterized as "Supplemental Releases," "Standard Releases," or "Product Releases," A "Supplemental Release" is defined as a minor release of LETG Software that contains primarily error corrections to an existing Standard Release and may contain limited improvements that do not affect the overall structure of the LETG Software. Depending on Customer's specific configuration, a Supplemental Release might not be applicable. Supplemental Releases are identified by the third digit of the three-digit release number, shown here as underlined: "1.2..2.", A "Standard Release may involve file and database conversions, system configuration changes, hardware changes, additional training, on-site installation, and System downtime. Standard Releases are identified by the second digit of the three-digit release number, shown here as underlined: "1.6..3". A "Product Release" is defined as a major release of LETG Software considered to be the next generation of an existing product or a new product offering. Product Releases are identified by the first digit of the three-digit release number, shown here as underlined: "1-2.3", If a question arises as to whether a Product offering is a Standard Release or a Product Release, LETG's opinion will prevail, provided that LETG treats the Product offering as a new Product or feature for its end user customers generally. "Residual Error" means a software malfunction or a programming, coding, or syntax error that causes the Software to fail to conform to the Specifications, "Services" means those maintenance and support services described in the Support Plan, Exhibit B, and provided under this agreement. "Software" means the LETG Software and Non~LETG Software that is furnished with the System or Equipment. ..Specifications" means the design, form, functionality, or performance requirements described in published descriptions of the Software, and if also applicable, in any modifications to the published specifications as expressly agreed to in writing by the parties. ..Standard Business Day" means Monday through Friday, 8:00 AM to 5:00 PM, local time, excluding established LETG holidays. .'Standard Business Hour" means a sixty (60) minute period of time within a Standard Business Day(s). "Start Date" means the date upon which this agreement begins. The Start Date is specified in the Support Plan Options and Pricing Worksheet, Exhibit C, "System" means the Products and services provided by Seller as a system as more fully described in the Technical and Implementation Documents attached as exhibits to a System Agreement between Customer and Seller (or LETG). "Technical Support Services" means the remote telephonic support provided by Seller on a standard and centralized basis concerning the Products, including diagnostic services and troubleshooting to assist Customer in ascertaining the nature of a problem being experienced by the Customer, minor assistance Law Enforcement Technology Group, LLC (LETG) 1951 Woodlane Drive Woodbury, MN 55125 Phone 763-208-799] concerning the use of the Software (including advising or assisting the Customer in attempting data/database recovery, database set up, client-server advise), and assistance or advise on installation of Releases provided under this Agreement. "llp<J,t~" mpo:>nC 0:> ~llrrlF'mF'nt!'ll RF'lp~"p ('or ~ S:t~nrl~n1 RF'lp~"F' "Upgrade" means a Product Release, Section 3 SCOPE AND TERMS OF SERVICES 3. 1 In accordance with the provisions of this Agreement and in consideration of the payment by Customer of the price for the Services, Seller will provide to Customer the Services in accordarice with Customer's selections as indicated in the Support Plan Options and Pricing Worksheet, Exhibit C, and such services will apply only to the Products described in the Description of Covered Products, Exhibit A. 3,2 Unless the Support Plan Oplions and Pricing Worksheet, Exhibit C, expressly provides to the contrary, the term of this Agreement is (1) year, beginning on the Start Date. This annual maintenance and support period will automatically renew upon the anniversary date for successive one (l) year periods unless either part notifies the other of its intention to not renew the Agreement not less than thirty (30) days before the anniversary date or this Agreement is terminated for default by a party, 3.3 This Agreement covers all copies of the specified Software listed in the Description of Covered Products, Exhibit A, that are licensed by the Seller 10 Customer. If the price for Services is based upon a per unit fee, such price will be calculated on-the tota] number of units of the Software that are licensed to Customer as of the beginning of the annual maintenance and support period. If, during an annual maintenance and support period, Customer acquires additional units of the Software that is covered by this Agreement, the price for maintenance and support services for those additional units will be calculated and added to the lotal price either 91) if and when the annual maintenance and support period is renewed or (2) immediately when the customer acquires the additional units, as LETG determines. Sener may adjust the price adjustment at least forty-five (45) days before the expiration of the annual Agreement as permitted by Section 3,2 and later wishes to reinstate this Agreement, it may do so with the Seller's consent provided (a) Customer pays to Seller the amount that it would have paid if Customer had kept this Agreement current, (b) Customer ensures that all applicable Equipment is in good operating conditions at the time of reinstatement, and (c) all copies of the specified software listed in the Description of Covered Products, Exhibit A, are covered. 3.4 When Seller performs Services at the location of installed Products. Customer agrees to provide to Seller, at no charge, a non-hazardous environment for work with shelter, heat, light, and power, and with full and free access to the covered Products. Customer will provide all information pertaining to the hardware and software with which the Products are interfacing to enable Seller to perform its obligations under this agreement. 3.5 All Customer requests for covered Service will be made initially with the call intake center identified in the Support Plan Options and Pricing Worksheet, Exhibit C. Law Enforcement Technology Group, LLC (LETG) 1951 Wood/ane Drive Woodbury, MN 55125 Phone 763-208-799] 3.6 Seller will provide to Customer Technical Support Services and Releases as follows: 3.6.1 Seller will provide unlimited Technical Support Services during the PPM. The level of Technical Support depends upon the Customer's selection as indicated in the Support Plan Op(~v,,~ dud Pliei"! '.'1,'5fk~h.e.e.t, Lxh.ibit C. t~R) Tedmieal Stlpport Serviees tha.t are perf-ermed by Seller outside the contracted PPM shaH be billed at the pre-agreed hourly rates set forth in this Agreement. Technical Support Services will be to investigate specifics about the functioning of covered Products to determine whether there is a defect in the Product and will not be used in lieu of training on the covered Products. 3.6.2. Unless the Support plan Options and Pricing Worksheet. Exhibit C, expressly provides to the contrary, Seller win provide to Customer without additional license fees an available Supplement or Standard Release after receipt of a request from Customer, but Customer must pay for any installation or other services and any necessary Equipment or third party software provided by Seller in connection with such Supplemental or Standard Release. Any services will be performed in accordance with a mutually agreed schedule. 3,6.3. Seller will provide to Customer an available Product Release after receiptof a request from Customer, but Customer must pay for all additional license fees. any installation or other services, and any necessary Equipment provided by Seller in connection with such Product Release. Any services will be performed in accordance with a mutually agreed schedule. 3.6.4. Seller does not warrant that a Release will meet Customer's particular requirement, operate in the combinations that Customer will select for use, be uninterrupted error-free, be backward compatible, or that all errors will be corrected_ Full compatibility of a Release with the capabilities and functions of earlier version of the Software may not be technically feasible. If it is technically feasible, services to integrate these capabilities and functions to the updated or upgraded version of the Software may be purchased at Customer's request on a time and materials basis at Seller's then current rates for professional services. 3.7 The maintenance and support Services described in this Agreement are the only covered services. Unless Optional Technical Support Services are purchased, these Services specificaJly exclude and Seller shall not be responsible for: 3_7_1. Any service work required due to incorrect or faulty operational conditions, including but not limited (0 Equipment not connected directly to an electric surge protector. or not properly maintained in accordance with the manufacturer's guidelines. 3.7.2. The repair or replacement of Products or parts resulting from failure of the Customer's facilities, Customer.s personal property and/or devices connected to the System (or interconnected to devices) whether or not installed by Seller's representatives. 3.7.3. The repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse, Customer's negligence, or from causes such as lightning, power surges, or liquids. 3,7.4. Any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction cause by such transmission medium, Law Enforcement Technology Group, UC (LETG) ]95] Wood/ane Drive Woodbury, MN 55125 Phone 763.208.799] 3.7,5. Accessories, custom or Special Products; modified units; or modified Software. 3.7.6. The repair or replacement of parts resulting from the tampering by person unauthorized by Seller or the failure of the System due to extraordinary uses. 3,7.7. Operation and/or functionality of Customer's personal property, equipment, and/or peripherals and any application software not provided by Seller. 3,7.8. Services for any replacement of Products or parts directly related to the removal, relocation, or reinstallation of the System or any System component. 3.7.9. Services to diagnose technical issues caused by the installation of unauthorized components or misuse of the System. 3.7.] O. Services to diagnose malfunctions or inoperability of the Software cause by changes, additions, enhancements, or modifications in the Customer's platform or in the Software. 3.7.]], Services to correct errors found to be cause by Customer-supplied data, machines, or operator failure. 3.7.12. Operational supplies, including but not limited to, printer paper, printer ribbons, toner, photographic paper, magnetic tapes and any supplies in addition to that delivered with the System; battery replacement for un interruptible power supply (UPS); office furniture including chairs. or workstations. 3.7.13. Third-party software unless specifically listed on the Description of Covered Products, Exhibit A. 3.7.14. Support of any interface(s) beyond Seller-provided port or cable, or any services that are necessary because third party hardware, software, or supplies fail to conform to the specifications concerning the Products. 3.7. ]5. Services related to Customer's failure to back up its data or failure to use an UPS system to protect against power inlerruptions. 3.7.16. Any design consultation such as, but not limited to, configurations analysis, consultation with Customer's third-part provider(s), and System for modifications or Upgrades or Updates which are not directly related to a Residual Error report. 3,8 The Customer hereby agrees to: 3.8.1. Maintain any and all electrical and physical environments in accordance with the System manufacturer's specifications. 3.8.2. Provide standard industry precautions (e.g. back-up files) ensuring database security, per Seller's recommended backup procedures. 3.8.3. Ensure System accessibility, which includes physical access to buildings as well as remote electronic access. Remote access can be stipulated and scheduled with customer; however, Law E~forcemenr Technology Group, L.LC (LETG) ]95] Wood/ane Drive Woodbury, MN 55]25 Phone 763-208-799] remote access is required and will not be substituted with on.site visits if access if not allowed or available. 3.8.4. Appoint one or more qualified employees to perform System Administrator duties, includim! actine: as a urimarv point of contact to Seller's Customer Support orJ2;anization for reporting and verifying problems, and performing System backup. At least one member of the System Administrator's group should have completed Seller's End-Users training and System Administrator training (if available). The combined skills System Administrators group should include proficiency with: the Products, the System platform upon which the Products operate. the operating system, database administration, network capabilities such as backing up, updating. adding, and deleting System and user information, and the client, server and stand alone personal computer hardware. The System Administrator shall follow the Residual Error reponing process described herein and make all reasonable efforts to duplicate and verify problems and assign a Severity Level according to definitions provided herein. Customer agrees to use reasonable efforts to ensure that al] problems are reponed and verified by the System Administrator before reponing them to Seller. Customer shall assist Seller in determining that errors are not the product of the operation of an external system, data links between System, or network administration issues. If a Severity Level J or 2 Residual Error occurs, any Customer representative may contact Seller's Customer Support Center by telephone, but the System Administrator must follow up with Seller's Customer Support as soon as practical thereafter. 3.9 In performing repairs under this Agreement, Seller may use parts that are not newly manufactured but which are warranted to be equivalent to new in performance, Parts replaced by Seller shall become Seller's property. 3.] 0 Customer shall permit and cooperate with Seller so that Seller may periodically conduct audits of Customer's records and operations pertinent to the Services, Products, and usage of application and database management software.lfthe results of any such audit indicate that price has been understated, Seller may correct the price and immediately invoice Customer for the difference (as well as any unpaid but owing license fees). Sener will limit the number of audits to no more than one (1) per year except SeHer may conduct quarterly audits if a prior audit indicated that the price had been understated. 3.1] lf Customer replaces. upgrades, or modifies equipment, or replaces, upgrades, or modifies hardware or software that interfaces with the covered Products, Seller will have the right to adjust the price for the Services to the appropriate current price for the new configuration. Section 4 RIGHT TO SUBCONTRACT AND ASSIGN Seller may assign its rights and obligations under this Agreement and may subcontract any ponion of Seller's performance called for by this Agreement. Section 5 PRICING, PAYMENTS AND TERMS 5. 1 Prices are in United States Dollars that are shown in the Support Plan Options and Pricing Worksheet, Exhibit C. Unless this exhibit expressly provides to the contrary, the price is payable annually in advance. Seller wm provide to Customer an invoice, and Customer will make payments to Seller within twenty (20) days after the date of each invoice. During this term of this Law Enforcement Technology Group, UC (LETG) ]95] Woodlane Drive Woodbury, MN 55125 Phone 763-208-799] Agreement, Customer will make payments when due in the form of a check, cashiers check, or wire transfer drawn on a United States financial institution. 5.2 Overdue invoices will bear simple interest at the rate often percent (lO%) per annum, unless such rate exceeds the maximum al10wed bv the law, in which case it will be reduces to the maximum allowable rate. 5.3 If CUslOmer requests, Seller may provide services outside the scope of this Agreement or after the termination or expiration of this Agreement and Customer agrees to pay for those services. These terms and conditions and the prices in effect at the time such services are rendered will apply to those services. 5.4 Price(s) are exclusive of any taxes, duties, export or custom fees, including Value Added Tax or any other similar assessments imposed by Seller. If such charges are imposed on Seller, Customer shall reimburse Seller upon receipt of proper documentation of such assessments. Section 6 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Seller's (including any of its affiliated companies) total liability arising from this Agreement will be limited to the direct damages recoverable under law, but not to exceed the price of the maintenance and support services being provided for one (1) year under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT SELLER (INCLUDING ANY OF ITS AFFILIA TED COMPANIES) WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVIENANCE; LOSS OF USE, TIME, DA TA, GOOD WILL, REVENUES, PROFITS OR SA VINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSIQUENTIAL DAMAGES IN ANY WAY RELA TED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE SYSTEM, EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY SELLER PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termina1ion of this Agreement no action for breach of this Agreement or othen~!jse relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due on an open account. Section 7 DEFAULT / TERMINATION 7.] Jf LETG breaches a material obligation under this Agreement (unless Customer or a Force Majeure causes such failure of performance), Customer may consider LETG to be in default. If Customer asserts a default, it will give LETG written and detailed notice of the default. LETG will have thirty (30) days thereafter either to dispute the assertion or provide a written plan to cure the default that is acceptable to the Customer. ]f LETG provides a cure plan, it will begin implementing the cure plan immediately after receipt of Customer's approval of the plan. 7.2 If Customer breaches the material obligation under this Agreement (unless LETG or Force Majeure causes such failure of performances); if Customer breaches the material cbligation under the Software License Agreement that governs the Software covered by this Agreement; or if Customer fails to pay any amount when due under this Agreement, indicate that it is unable to pay any amount when due, indicates it is unable to pay its debts generally as they become due, files a voluntary petition under bankruptcy law, or fails to have dismissed wilhin ninety (90) days any Law Enforcement Technology Group, LLC (LETG) /95/ Woodlane Drive Woodbury, MN 55125 Phone 763-208-799] involuntary petition under bankruptcy law, LETG may consider Customer to be in default. If LETG asserts a default, it will give Customer written and detailed notice of the default and Customer will have thirty (30) days thereafter to (i) dispute the assertion, (ii) cure any monetary default (including interest), or (iii) provide a written plan to cure the default that is acceptable 10 LETG. ]f Customer provides a cure plan, it will begin implementing the cure plan immediately after receipt ofLETG's approval of the plan, 7.3 If a defaulting party fails to cure the default as provided above Sections 7.1 or 7.2, unless otherwise agreed in writing, the non-defaulting party may terminate any unfulfilled portion of this Agreement and may pursue any legal or equitable remedies available to it subject to the provisions of Section 6 above, 7 A Upon the expiration or early termination of this Agreement, Customer and Seller shall immediately deliver to the other Party, as the disclosing Party, all Confidential Information of the 7,5 other, including all copies thereof, which the other Party previously provided to it in furtherance of this Agreement. Confidential Information shall include: (a) proprietary materials and information regarding technical plans; (b) any and an other information of whatever type and in whatever medium including data, developments, trade secrets and improvements, that is disclosed by Seller to Customer in connection with this Agreement; (c) all geographic information system, address, telephone, or like records and data provided by Customer to Seller in connection with this Agreement that is required by law to be held confidentiaL Section 8 GENERAL TERMS AND CONDITIONS 8,1 Notices required under this Agreement to be given by one party to the other must be in writing and either delivered in person or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service), or by facsimile with correct answerback received, and shall be effective upon receipt. Customer: Elk River Police Denal1ment Ann: Address: 13065 Orono Parkwav Elk River, Minnesota 55330 Seller: Law Enforcement Technology Group~ Inc. Ann: Contracts and Compliance Manager 6 J 20 Berkshire Lane North Plymouth, Minnesota 55446 8.2 Neither party will be liable for its non-performance or delayed performance if caused by an event, circumstance, or act of a third party that is beyond such party's reasonable control. 8.3 Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. For a waiver to be effective, it must be in writing signed by the waiving party. An effective waiver of a right or power sha1l nOI be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 8.4 Customer may not assign any of its rights under this Agreement without LETG's prior consent. 8.5 This Agreement includes exhibits, constitutes the entire Agreement of the parties regarding the covered maintenance and support services and supersedes an prior and concurrent agreements and understandings, whether written or oral, related to the services performed. Neither this Agreement nor the Exhibits may not be altered, amended, or modified except by a written agreement signed by authorized representatives of both parties. Customer agrees to reference this Agreement on aU purchase orders issues Law Enforcement Technology Group, ue (LETG) 1951 Woodlane Drive Woodbury, MN 55125 Phone 763-208-7991 in furtherance of this Agreement. Neither party will be bound by any terms contained in Customer" s purchase orders, acknowledgements, or other writings (even if attached to this Agreement). 8.6 This Agreement will be governed by the laws of the United States to the extent that they apply and ull."" ~.~J( by the ]8...5 efthe StBte te ,,'hieh the Proallets are shipped if LieeJu,e if; a f;9"@F@igR gg"~rRm\HH entity, or the laws of the State of Minnesota if Licensee is not a sovereign government entity. Section 9 CERTIFICA nON DISCLAIMER Seller specifically disclaims all cenifications regarding the manner in which Seller conducts its business or performs its obligations under this Agreement, unless such certifications have been expressly accepted and signed by an authorized signatory of Seller. Section 10 COMPLIANCE WITH APPLICABLE LA WS The Parties shall at all-times comply with all applicable regulations, licenses, and orders of their respective countries relating to or in any way affecting this Agreement and the performance by the Parties of this Agreement. Each Party, at its own expense, shall obtain any approval or permit required in the performance of its obligations. Neither Seller or any of its employees is an agent or representative of Customer. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the day and year first written above. Seller Customer By: By: Name: Name: Tille: Title: Date: Date: Law Enforcement Technology Group, UC (LETG) 1951 Wood/ane Drive Woodbury, MN 55125 Phone 763-208-7991 EXHIBIT B Support Plan ( Confidential) This support Plan is a Statement of Work thai provides a description of the support to be performed. ]. Services Provided: The Services provided are based on the Severity Levels as defined herein. Each Severity Level defines the actions that will be taken by Seller for Response Time, Target Resolution Time, and Resolution Procedure for reported errors. Response Times for Severity Levels) and 2 are based upon voice contract by Customer, as apposed to written contact by facsimile, email, or letter. Resolution Procedures are based upon Seller's procedures for Service as described below. SEVERITY DEFINITJON TARGET TARGET LEVEL RESPONSE RESOLUTION TIME TIME 1 Total System Failure - occurs when the System is not Telephone Resolve within 24 hours of functioning and there is no workaround; such as a conference within ] initial notification. Central Server is down or when the workflow of an hour of initial voice entire agencv is not functionim". notification. 2 Critical Failure - Critical process failure occurs when a Telephone Resolve within 7 Standard crucial elemelll in the System is nOl functioning lhal conference within 3 Business Days of initio] does not prohibit continuance of basic opemlions and Standard Business notification. there is usually no suitable work-around. Note that this HOUTS of inilial mav not be aonlicabk 10 interminent nroblems. voice notification. 3 Non-Critical-F<li]ure - Non-Critical p<lrt or component Telephone Resolve in next Supplemental failure occurs when II System campanelli is n01 conference within 6 Release within 180d<lYs functioning, but the System is still use<lble for its Standard Business following verification, illlended purpose, or there is a reasonable workaround. Hours of initial nOlification. 4 Inconvenience - An inconvenience occurs when Telephone Resolve in a future Syslem causes a minor disruption in the way tasks are conference within 2 Supplement<ll Release. perfonned but does not stop workflow. Standard Business Days of in ilia I nolification. ; Customer request for an enhancement 10 System Se]Jer'~ ProduCl If accepted,. a release date will functionality is submilled 10 Seller's Product Management be provided with a fee M<lnagemem for review_ response within schedule,. when appropri<fte. J 20 Standard Busines~ Davs. Law Enforcement Technology Group, LLC (LETG) ]95] Woodlane Drive Woodbury, MN 55125 Phone 763-208-799] l.] Reoonine a Problem. Customer shall assign an initial Severity Level for each error reported, either verbally or in writing, based upon the definitions listed above. Because of the urgency invoJved, Severity Level] or 2 problems must be reported verbally to the Sener's call intake center. Seller will notify the Customer if Seller makes any changes in Severity Level (up or nClwn) C1f~ny rlll::tnmPT_Tf':pnrlPn prohlpm 1.2 Seller ResDonse. Seller wilJ use best efforts to provide Customer with a resolution within the appropriate Target Resolution Time and in accordance with the assigned Severity Level when Customer allows timely access to System and Seller diagnostics indicate that a Residual Error is present in the Software. Target Resolution Times may not apply if an error cannot be reproduced on a regular basis on either the Seller's or Customer's Systems. Should Customer report an error that Seller cannot reproduce, Seller may enable a de.tail error capture flogging process 10 monilor the System. Should Seller determine that it is unable to correct such reported Residual Error within the specified Target Resolution Time, Seller will escalate its procedure and assign such personnel or designee to correct such Residual Error promptly. Should Seller, in its sole discretion, determine that such Residual Error is not present in its release, Seller wm verify; (a) the Software operates in conformity to the System Specifications, (b) the Software is being used in a manner for which it was intended or designed, or (c) the Software is used only with approved hardware or software. The Target Resolution Time shall not commence until such time as the verification procedures are completed. 1.3 Error Correction Status Reoort. Seller will provide verbal stalus reports on Severity Level 1 and 2 Residual Errors. Written status reports on outstanding Residual Errors will be provided to System Administrator on a momhly basis. 2. Customer ResDonsibilitv. 2.1 Customer is responsible for running any Anli- Virus software installed by Seller as part of its System. 2.2 Ooeratine Svstem ("OS") Uoo:rades: Unless otherwise stated herein, Customer is responsible for any OS upgrades to its System. Before installing any OS upgrade, Customer should contact Seller to verify that a given OS upgrade is appropriate. 3. Seller ResponsibiJitv. 3.J Anti~Virus software. At Customer's request, Seller will make every reasonable effort to test and verify specific anti-virus, anti-worm, or anti-hacker patches against a replication of Customer's application. Seller will respond to any reported problem as an escalated support call. 3.2 Customer Notifications. Seller shall provide access to (a) Field Changes; (b) Customer Alert Bulletins; and (c) hardware and firmware updates, as released. 3.3 Account Reviews. Seller shall provide annual account reviews to include (a) service history of site; (b) downtime analysis~ and (c) service trend analysis. Law Enforcement Technology Group. LLe (LETG) 1951 Woodlane Drive Woodbul)'. MN 55125 Phone 763-208-7991 3.4 Remote Installation. At Customer's request, Seller will provide remote installation advise or assistance for Updates. 3.5 Software Release ComoatibililV, At Customer's request, Seller will provide: (a) current list of compatible hardware operating system releases; and (b) a list of Seller's Software Supplemental or Standard Releases. 3.6 On-Site Correction, Unless otherwise stated herein, all suspected Residual Errors will be investigated and corrected from Seller's facilities, Seller shall decide whether onpsite correction of any Residual Error is required and will take appropriate aClion, Exhibit C Support Plan Options and Pricing Worksheet MAINTENANCE AND SUPPORT AGREEMENT # AGREEMENT DATE Customer: Billing Agency Support for the following products: To be determined Law Enforcemenr Technology Group, LLC (LETG) 1951 Woodlane Drive Woodbury, MN 55125 Phone 763-208-7991 Additional Information (Confidential) ~ The budgeted server pricing is an estimate based upon the information provided in the proposal relating to processing power needed to complete operations. Redundancy that is ultimately discussed during contract negotiations could affect the server pricing. ~ GIS data will be provided by the Elk River Police Department in the format required by LETG. The Elk River Police Department can contract with LETG at a rate of $150 / hour to configure the GIS information for the system. It is anticipated that little preparation would be needed with the Department's GIS information. ~ If the County should require a performance bond, the Elk River Police Department will pay the cost of that bond. The estimated cost of the bond is 4% of the contract pricing, including sales taxes. ~ The package discount pricing is for the specs and dollar amounts listed on the pricing sheet. If any quantities or items are removed from the requirements that can lower the overall price, the discount amount may be adjusted. ~ If LETG has inadvertently omitted any required responses to the proposal, LETG will gladly provide the missing information immediately upon request. ~ Final pricing will be negotiated during contract negotiations if any modifications have been made to the requirements. ~ To the extent permitted by law, LETG is requesting that the sections marked as "Confidential" shall not be released to any party not involved in the proposal evaluation process. ~ Data conversion is charged at a rate of $150 per hour. The exact details of the data conversion can be discussed at a later date. ~ The pricing below is based upon 38 Sworn Officers and I I squads. Law Enforcemenl Technology Group, UC (LETG) 1951 Wood/ane Drive Woodbury. MN 55125 Phone 763-208-7991 Pricing Information ( Confidential) Pricing Guideline Quantity Type Quantity Cost Per Total Cost Hardware Datalux MDC Citation Printer Armrest Printer DL Swipe Readers GPS Units Per Squad 0 $4,795.00 $0.00 Per Squad 0 $1,295.00 $0.00 Per Squad 0 $690.00 $0.00 Per Squad 0 $159.95 $0.00 Per Squad 0 $88.00 $0.00 Total Hardware $0.00 Software RMS Per User 38 $3,200.00 $121,600.00 Mobile Per Squad 11 $600,00 $6,600,00 Per eMERTS Mobile Server Deployment 1 $17,000.00 $17,000.00 eMERTS CJIS Per User 1 $17,000,00 $17,000.00 eMERTS RTllnterface Per User 38 $0,00 $0.00 eMERTS PDA Each 6 $495.00 $2,970.00 Ticketwriter Per Squad 11 $1,000.00 $11,000.00 Field Reporting Per Squad 11 $595.00 $6,545.00 Mapping Per Squad 11 $495.00 $5,445.00 Per CAD Deployment 0 $0.00 $0.00 Scene PO Per User 38 $119,00 $4,522.00 Jail Per User 0 $650.00 $0.00 Civil Per User 0 $650.00 $0.00 Warrants Per User 0 $650.00 $0.00 Net Motion 5 Pack 0 $1,250.00 $0.00 Net Motion Server 25 Client 0 $5,000.00 $0.00 Total Software $192,682.00 Law Enforcemen! Technology Group. LLC (LETG) 1951 Wood/one Drive Woodbury, MN 55125 Phone 763-208- 7991 Professional Services Squad Software Installation T, aining Project Management Per Squad Per Day Per User 11 1 1 $0.00 $4,099.OO $18,800 $0.00 $4,00000 $18,800 Total Services $22,800.00 Total Hardware Total LETG Software Total CAD Total Services Total Maintenance Total Sales Tax $0.00 $192,682.00 $0.00 $22,800.00 $32,755.94 $2,129.14 T alai Cost $250,367.08 ~ Gl'!>d,"lG, Law Enforcement Technology Group, UC (LETG) 1951 Woodla/le Drive Woodbury, MN 55125 Phone 763.208.7991