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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20073659
RESOLUTION RE: APPROVE MASTER SOFTWARE LICENSE AND SUPPORT AGREEMENT AND AUTHORIZE CHAIR TO SIGN -ADVANCED PUBLIC SAFETY, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Weld County Sheriff's Office, and the Greeley Police Department, seek to adopt a system for the electronic filing of summonses, complaints, and tickets issued by these agencies, and WHEREAS,it has been determined that Advanced Public Safety, Inc.,("APS")has provided the best software options for electronic filing systems for the two agencies, and WHEREAS, the Greeley Police Department has agreed to pay a portion of the cost of purchasing said software, and WHEREAS, although the Contract price anticipates the purchase of hardware from APS, the contract provides that hardware may be purchased from APS if the County determines that such purchase is appropriate, and WHEREAS, the Board has been presented with a Master Software License and Support Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Communication Services, and Advanced Public Safety, Inc., commencing November 30, 2007, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Master Software License and Support Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Communication Services,and Advanced Public Safety, Inc. be,and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2007-3659 CM0017 C(' C c-u,h Cwt Dr -31- °8 MASTER SOFTWARE LICENSE AND SUPPORT AGREEMENT -ADVANCED PUBLIC SAFETY, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 5th day of December, A.D., 2007. BOARD OF COUNTY COMMISSIONERS ;1 " W COUNTY, COLORADO ATTEST: d lT%v 1+-- = ,` Yid E. Long, Chair Weld County Clerk to the Boards t c. v\\ illiam H er ro-Tem De y Cleerklto the Board Z/‘z WilGagcia r IVED AS ( Robert D. Masden /County Attorney Date of signature: I I I in ou las emac er 2007-3659 CM0017 500 Fairway Drive, Suite 204 A Deerfield Beach, Florida 33441 Proposal 954-3543000(Main) 954-354-3001 (Fax) www.apS.uS Date: 12/04/2007 ADVANCED PUBLIC SAFETY A Trimble Company Agency Details Contact: Julie Walde Order No: 00670000009dGU9 Agency Name: Greeley Police Department Contact Name: David Kennedy Address: 2875 10th St (954)354-3000 x244 City,State&Zip: Greeley,CO 80631 dkennedy@aps.us QTY PRODUCT NAME PRODUCT DESCRIPTION MISCELLANEOUS UNIT PRICE TOTAL PRICE 1 Virtual Partner Engine Interface to mobile data Links APS with $5,000.00 $5,000.00 system current mobile provider(Tiburon) 42 QuickTicket Auto-population of traffic Electronic citation $349.00 $14,658.00 citation form using existing software for the 25 mobile software MDCs&17 desktops 29 QuickCrash Auto-population of any state Electronic Crash form $349.00 $10,121.00 crash/accident form software for the MDCs&4 desktops 29 SmartRoads SmartRoads Crash diagramming $246.00 $7,134.00 software for the MDCs and 4 desktops 25 SmartConnect Printer connectivity module APS software to allow $149.00 $3,725.00 providing bi-directional citations to print communication for redundant, properly to Zebra error-free connections, remote printers printer control,and font and template downloads. 25 Zebra RW420 Printer w/ Zebra RW420 thermal printer Manufacturer's Part $829.00 $20,725.00 USB Cable and Magstripe w/magstripe and 6 Ft. Cable Numbers -- (12-volt Power Supply- (USB to RJ45 Cable with lock). 123-100229, Open Ended Cable) (Requires APS SmartConnect CC16614-G1 application to operate properly with APS software.) 25 Zebra RW420 Vehicle Zebra RW420 Vehicle Mount Vehicle Mount for the $199.00 $4,975.00 Mount(Metal Locking (Metal Locking Bracket)-No printers Bracket)-No Power power supply included Supply 1 Zebra RW420 Cable Zebra RW420 Cable(Serial) Cable to allow $40.00 $40.00 (Serial, 3-Ft.) firmware&software updates 8 Thermal Paper Case Case(36 rolls)of Top Coated Paper for thermal $142.20 $1,137.60 (Zebra RW420) High-Quality Paper Rolls(80') printers 1 SmartExport Electronic transfer of forms Data transfer of $10,000.00 $10,000.00 data to back-end database citation data to system—RMS, Court,etc. Tiburon (May require add'I fee from back-end vendor) 2007-3659 1 SmartExport Electronic transfer of forms Data transfer of $10,000.00 $10,000.00 data to back-end database citation data to CDAC system—RMS, Court, etc. (STATE) (May require add'I fee from back-end vendor) 1 SmartExport#3+ Third(or more)electronic Data transfer of $2,500.00 $2,500.00 transfer of forms data to back- citation data to end database system—RMS, DOR/DMV(STATE) Court,etc. (May require add'I fee from back-end vendor) 1 SmartExport#3+ Third(or more)electronic Data transfer of $2,500.00 $2,500.00 transfer of forms data to back- citation data to end database system—RMS, Judicial(STATE) Court,etc. (May require add'I fee from back-end vendor) 1 SmartExport#3+ Third(or more)electronic Data transfer of crash $2,500.00 $2,500.00 transfer of forms data to back- data to DOR/DMV end database system—RMS, Court,etc. (May require add'I fee from back-end vendor) 1 SmartPrint Citation/Form Printing Software to search for $7,500.00 $7,500.00 Software(Includes and print citations on SmartExport) demand 1 Annual Maintenance Annual Maintenance Includes all software $14,514.84 $14,514.84 upgrades&changes 1 Project Management Dedicated Project Manager Project Management $4,031.90 $4,031.90 assigned from PO through Software Acceptance. Provides single point of contact. 1 Shipping&Handling Shipping&Handling Shipping $567.18 $567.18 2 Training Per Diem Training On site training for $2,000.00 $4,000.00 two days NET TOTAL(USD)$125,629.52 Pricing is guaranteed through December 31,2007 Notes If the customer chooses to purchase their own hardware, the proposal will be reduced by the appropriate per unit charges. 2 Master Software License and Support Agreement This Master Software License and Support Agreement ("Agreement") is entered into this'd day of November, 2007 ("Contract Date") , by and between Advanced Public Safety, (Contractor) , and the Board of County Commissioners of Weld County, and the Greeley Police Department, (collectively, Customer) Contractor agrees to Furnish Customer and Customer agrees to accept, in accordance with the terms and conditions of this Agreement, the use of the software identified below. 1. Definitions. 1.1 COMPUTER means a machine or system, which uses logical devices ("central processing units") to process information, such as a multiprocessor computer system or a workstation. 1.2 DESIGNATED COMPUTER(S) means specific Computer (s) , including replacements, modifications, upgrades and additions thereto, upon which the application software is compiled or installed and executed. 1.3 SOFTWARE DOCUMENTATION means the standard user documentation published or provided on-line by Contractor, or distributed by Contractor under a third party license, describing the use of the Software, including any tutorial presentation of the capabilities of the Run-Time Versions and may include technical documentation which describes the design of the Software. Software Documentation may be released in an electronic media format. Notwithstanding the foregoing, Software Documentation does not include any 3,d party software documentation. 1.4 PRODUCT UPDATE means a change or new release of the Software or Software Documentation designed to correct Software Problem(s) . 1.5 RUN-TIME VERSION means a program that is used to execute the Software and other utilities that are a part of the Software, but which does not allow a User to change the Software or to create new and different Software features. 1.6 SOFTWARE means all of the computer software program versions listed in Exhibit B - Advanced Public Safety's Deliverables - and shall include all updates, enhancements or modifications provided under the terms of this Agreement or a related support agreement. Notwithstanding the foregoing, Software does not include any third party software. 1.7 SOFTWARE PROBLEM(S) means defective Software distribution media and/or a failure of the Software to function substantially in accordance with the Software Documentation. 1.8 SOURCE CODE means a compilable copy of the Software which allows the Software installer to compile the Software into a Run-Time Version using the appropriate Development System; some portions of the Source Code may already be compiled by Contractor and provided in an executable, Run-Time or object code version. 1.9 USER means the staff member of the Greeley Police Department, Weld County Sheriff's office or their designee. Page 1 of 9 Master Software License and Support Agreement 1.10 MATERIAL BREACH means the failure to achieve a milestone as set forth in Exhibit C. 1.11 SEVERE SYSTEM MALFUNCTION means the failure of the Software to perform as represented by Contractor in Exhibit B. 1.12 ACCEPTANCE means Customer' s willing receipt of the products, services and Software offered by Contractor, and Customers agreement to pay for said products, services and Software. Customer shall always evidence Acceptance by a written statement, and not by payment alone. LICENSES 2.1 Grant of License. Contractor grants to Customer the non-exclusive and non-transferable right to have the Users execute the Software on the Designated Computers, and to use the associated Software Documentation only for Customer's internal business purposes and only with Customer' s data, subject to the terms and conditions of this Agreement and in consideration of payment of the agreed upon license fees. 2.2 Rights of Customer. Customer may access the Software lawfully licensed to Customer on any configuration of computers or display devices connected to the Designated Computer(s) . Customer may transfer the Software to any electronic storage device connected to the Designated Computer (s) , provided Customer keeps the original solely for backup or archival purposes. Customer has the right to approve all personnel supplied by Contractor to perform services rendered under this Agreement. 2.3 Acceptance of Software. For each Software product licensed under this Agreement, Customer shall have up to a thirty (30) day "Acceptance Period" beginning on the delivery date of the final Software and/or Software modifications. During the Acceptance Period, Customer may cancel the license by giving written notice to Contractor. The license will be deemed accepted by Customer at the end of the Acceptance Period, upon Customer' s execution of a written acceptance. Should Customer elect to cancel this Agreement under the terms of this Section 2.3, and if the software is operating in conformance with the representations of Contractor as set forth in Exhibit B, all previous payments will be retained by the Contractor and in addition, Customer shall pay to Contractor one-half of the contract amount owed for the final payment owed under Exhibit C, the Project Plan, which is attached hereto and made a part hereof. This payment shall relieve Customer of all further financial obligations to Contractor. If Customer' s refusal to accept the software is due to the failure of the software to operate in conformance with the provisions of Exhibit B, Customer is relieved of all further financial obligations to Contractor. 2.4 Backup Copy. Customer may make backup copies of the Software and of any portions thereof, which are modified or merged with other programs in accordance with this Agreement. All such backup copies shall also be subject to the terms and conditions of this Agreement. Customer must maintain an accurate record of the location of the backup copies at all times. Page 2 of 9 Master Software License and Support Agreement 3. PROPRIETARY RIGHTS AND CONFIDENTIALITY 3.1 Ownership. All title and rights of ownership in the Software and Software Documentation remain with Contractor and/or its suppliers and are protected by copyright, patent, and/or trade secret laws. Customer agrees to take all reasonable steps to protect Contractor' s and its suppliers' proprietary rights in the Software and Software Documentation including, but not limited to, the proper display of copyright, trademark, trade secret, and other proprietary notices on any copies of the Software. Customer must reproduce and include any copyright, trade secret, trademark, or proprietary data notices, and other legends and logos on the backup copies. 3.2 Confidentiality. As Customer is a public entity, Contractor is aware that this Agreement and all of its terms and conditions constitute a public record and that Customer must disclose this Agreement and its terms and conditions to members of the public who wish to see it. In addition, Customer may disclose the Software to consultants and other third parties retained to work with the Software. 4. TERM AND TERMINATION 4.1 Term. The licenses granted under this Agreement shall commence upon the shipment of the Software and shall continue unless Customer does not act in accordance with the provisions of this Agreement. However, both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit Customer from entering into Agreements which bind Customer for periods for longer than one year. Therefore, on the anniversary date of this Agreement, Customer shall notify Contractor if it wishes to renew its service agreement. 4.2 Termination. Following Acceptance by Customer, Contractor may terminate this Agreement if Customer fails to pay any license fees owing and which are more than thirty (30) days past due. Contractor may also terminate the Agreement if Customer breaches any material representation, warranty, agreement, or obligation in this Agreement and fails to remedy such material breach or demonstrate a good faith effort to remedy such material breach within thirty (30) days after receiving written notice of such material breach from Contractor. Customer may cancel the annual support and update services provided by Contractor at any time. HOWEVER, cancellation by Customer of the Support and Update provisions as set out in Section 7.2 and 7.10 and Appendix D of this Agreement shall not constitute grounds for termination. If Customer cancels said services, customer may continue to use any software previously purchased, although Contractor will no longer support that version. 5. LIMITED WARRANTY. 5.1 Limited Warranty. Contractor warrants that after the delivery of the Software and Software modifications, if any, to Customer, the latest unmodified version of the Software released by Contractor shall substantially perform in accordance with the Software Documentation. A copy of Contractor' s proposal, and of Customer' s Requirements is Page 3 of 9 Master Software License and Support Agreement attached hereto and made a part hereof as Exhibits A and B respectively, and represent both Customer' s and Contractor's expectation with regard to the operation of the Software. 5.2 Remedies. Contractor' s entire liability and Customer' s exclusive remedy shall be for Contractor, at its option, to either: (a) replace any defective media which prevents the Software from satisfying the limited warranty described above provided such defective media is returned to Contractor; or (b) attempt to correct any errors which Customer finds in the Software during this warranty period and which prevent the Software from substantially performing as described in the Software Documentation. Any replacement Software will be warranted for the remainder of the original warranty period or for thirty (30) days, whichever is longer. 5.3 Right to License. Contractor warrants that it is the owner of the Software and/or has the right to license Software to Customer. 5.4 Limitations of Warranty. The above warranty is null and void if failure of the Software has resulted from accident, abuse, or misapplication; including unanticipated alteration or modification of the Software BY Customer. The above warranty applies only to Software Problems, which are apparent in the unmodified, standard Advanced Public Safety Software, which is not merged with other software. Contractor does not warrant that the functions contained in the Software will meet Customer' s requirements, or that the operation of the Software will be uninterrupted or error free, or that all defects will be corrected. Subject to the system specifications set forth in Exhibit A, Contractor shall not be required to correct errors during the above described warranty period attributable to: equipment malfunction; products other than the Software; use of the Software in conflict with or contravention of the Software Documentation or the terms of this Agreement; or accident, neglect, misuse, or abuse of the Software. 6. INDEMNIFICATION 6.1 Contractor's Indemnification. Contractor shall indemnify, defend and hold harmless Customer against any action to the extent such action is based on a claim that Customer' s use of the Software or Software Documentation or any part thereof, under this Agreement, infringes a valid, enforceable United States patent or copyright, or misappropriated a trade secret, and Contractor shall pay all damages and costs, (including reasonable attorneys' fees) , awarded or agreed to in a settlement by Contractor in respect of such action; provided that Contractor is given notice of such claim within thirty (30) calendar days of the date Customer knows of such a claim. Contractor shall control the defense in any such action and, at its discretion, may enter into a stipulation of discontinuance and settlement thereof. Customer shall cooperate with Contractor in any such defense and shall make available to Contractor all those persons, documents and things required by Contractor in the defense of any such action. Reasonable out-of-pocket expenses incurred by Customer will be reimbursed by Contractor. Customer, may, at its expense, assist in such defense. Page 4 of 9 Master Software License and Support Agreement 6.2 Remedies. If, in such action, the Software is held to constitute an infringement or misappropriation, or the use, demonstration, distribution, marketing, or sublicensing thereof is enjoined or restricted, Contractor shall, at its option, either procure for Customer the right to continue using the Software, or modify the Software to permit Customer to exercise its rights hereunder, or if the foregoing options are not available, terminate the Agreement and promptly refund to Customer all license fees paid by Customer to Contractor for the infringing Software amortized over a five (5) year period from the date of initial delivery, (i.e. , a refund pro-rated on a monthly basis over a sixty (60) month term) . 6.3 Limitations of Indemnification. The foregoing indemnity shall not apply in respect of any infringement misappropriation if such infringement or misappropriation resulted from Customer' s or any of its Users' used the Software: (a) in an operating environment other than that described in the Software Documentation or under this Agreement; (b) in conjunction with an enhancement not created or owned by Contractor; or (c) in conjunction with other software not created or owned by Contractor. The foregoing states the entire obligation of Contractor with respect to the infringement of patents and copyrights, and misappropriation of trade secrets. 7. SUPPORT 7.1 Remote Access. Customer is required to establish a direct computer-to-computer remote access link with Contractor before Support is provided to Customer. Customer must assure that Contractor has access to Customer' s Designated Computer (s) via the remote access link. The link must meet Contractor's current specifications for connection to its customer support network. Contractor will provide the System Administrator with a telephone number to Contractor' s Support Center, a log-in to the Support Center's system, and instructions on how to establish the link. Contractor will ensure that the Support Center' s system will accommodate a link with Customer' s system(s) . Customer will bear all costs associated with establishing and maintaining the link from Customer' s site to Contractor's customer service network. Customer reserves the right to control which product is used to establish and maintain the link from Customer' s site to Contractor' s site. Customer will license their copies of the product. 7.2 Support Fees for Annual Maintenance. Customer agrees to pay the current annual Support Fees as detailed in Exhibit D. Annual fees are subject to the following imitations: (1) the annual fee will not exceed eighteen percent (18%) of the purchase price of the Software; (2) after the first year, each year's annual maintenance is subject to a maximum increase of five percent (5%) . 7.3 Advanced Public Safety Support Specialist and System Administrator. Customer shall designate both a System Administrator and an Advanced Public Safety Specialist who shall act as the primary contact between Customer and Contractor. 7.4 Customer's Responsibilities. Customer agrees to assist and cooperate with Contractor as reasonably required by Contractor, in the resolution of Software Problems. Such assistance will facilitate Page 5 of 9 Master Software License and Support Agreement quicker and more effective problem resolution by Contractor, and may include: 7 .4 .1 Consultation with the System Administrator and APS Software Support Specialist. 7.4 .2 Providing documentation of the Software Problem(s) , test data, and copies of the programs being used when the Software Problem(s) become apparent. 7.5 Support Services. The Support Services generally include resolution of Software Problem(s) , support via electronic mail, ("E- mail") , and telephone, and updates of the Software. Updates to existing procedures in the Software as required by legislative action, described in Exhibit B, are also included in the Support Services. After system acceptance, all future installation, training and modification and/or configuration are services which are not included as support services, and therefore, must be contracted separately. However, all initial installation, training and modification and/or configuration services are included in the contract price. 7.6 Email and Telephone Support. Contractor will provide assistance in identifying, confirming and providing a "workaround" for suspected Software Problem(s) in the customer's version of the Software. Contractor may require documentation of the Software Problem, test data, and copies of programs being used before confirming and resolving Software Problem(s) . E-mail can and should be used to communicate support requests. 7.7 Direct User Contact. Contractor Personnel may use the remote access link to access Customer' s Computer to better analyze suspected Software Problem(s) and produce a solution or "workaround" to Software Problem(s) . Contractor personnel may also directly communicate with Customer regarding the suspected Software Problem(s) using any form of telecommunications. 7.8 Site Visits. In the event that: (a) data is corrupted, returned results are incorrect, or there is a severe feature malfunction without a "workaround"; (b) the Software Problem seriously disrupts Customer's primary business operations; and (c) Customer and Contractor have made every reasonable attempt to correct the Software Problem, then Contractor agrees to use it' s best reasonable efforts to resolve the Software Problem, first remotely through the remote access connection or otherwise provided Customer has provided Contractor adequate remote access to Customer's system, and then on-site, if necessary to resolve the Software Problem) s) at Contractor' s option. 7.9 Support Hours. Contractor support services will provide an appropriately trained support staff member available via telephone between the hours of 8 :00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday, to assist the customer in using the software. In the event of emergencies or system failures which occur outside of the designated support hours, telephone support will be provided 24 hours per day, seven (7) days per week for the term of the Maintenance Agreement. 7.10 Product Updates. Upon payment of Customer' s annual Support Fee (detailed in Exhibit D, which attached hereto and made a part hereof) , Page 6 of 9 Master Software License and Support Agreement Contractor agrees to provide Customer with the Product Updates for licensed Software produced by Contractor. 7.11 Language. Telephone and E-mail support will be provided in English, unless otherwise agreed upon in writing by both parties. 7.12 Training. Training will be provided by Contractor. Training services are included in the price paid by Customer for the Software. 8. GENERAL 8.1 Waiver, Amendment or Modification. Any waiver, amendment, or modification of any of the provisions of this Agreement or of any right, power or remedy hereunder shall not be effective unless made in writing and signed by the parties. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof in the future. 8.2 Governing Law. This Agreement shall be governed by the laws of the State of Colorado, and shall inure to the benefit of Contractor, its successors, administrators, heirs, and assigns. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement. 8.3 Choice of Forum. The parties agree that Weld County, Colorado shall be the proper forum for any action, including mediation and arbitration brought under this Agreement. 8.4 Attorney Fees. In the event an action, including arbitration is brought to enforce any provision of this Agreement, the prevailing party shall be entitled to recover legal costs, including attorney fees, in addition to any other amounts recovered. 8.5 Limitation on Actions. No actions, regardless of form, arising from the transactions under this Agreement, may be brought by an aggrieved party hereto more than two (2) years after the facts creating the cause of action are known to said party. 8.6 Severability. If any term, provision, or part of this Agreement is to any extent held invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall not be impaired or affected thereby, and each remaining term, provision, or part shall remain in full force and effect. 8.7 Survival. The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the termination of this Agreement, shall so survive. 8.8 Notice. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or Page 7 of 9 Master Software License and Support Agreement (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address (es) by written notice to the other. APS Notice Address: Advanced Public Safety, Inc. Attn. : David Kennedy 500 Fairway Drive, Suite 204 Deerfield Beach, Florida 33441 E-mail: dkennedy@aps.us Facsimile: 954-354-3001 With copy to: Trimble Navigation Limited, Attn. : General Counsel 935 Stewart Drive Sunnyvale, California 94085 E-mail: Irwinkwatek@trimble.com Facsimile: (541) 481-7780 Customer: Greeley Police Department Julie K Walde 1950 "O" Street Greeley, Colorado 80631 E-mail: julie.walde@greeleypd.com Facsimile: (970) 304-6502 8.9 Force Majeure. Neither party shall be in default nor liable for any failure in performance or loss or damage under this Agreement due to any cause beyond its control. 8.10 Taxes. Customer, as a governmental entity, is exempt from sales, use and other taxes or similar governmental charges or duties which might be incurred in connection with the exercise of the license (s) and rights granted herein to Customer. 8.11 Acknowledgment. Customer and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A, A.1, B, C, C.1 and D, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first stated above. Page 8 of 9 Master Software License and Support Agreement ADVANCED PUB I SAFETY, INC. Siney COO, Advanced Public Safety, Inc. I�Aa �//�% ATTEST: Mid I & , %OF WELD, a political subdivision Weld County Clerk to t B• r• e,. e TATE OF COLORADO: De• ty C rk to the 4)•'�, v � did E. Long, Chairma r. card of County CommisJioners, DEC 0 5 7nn7 `-' County of Weld ` Page 9 of 9 Exhibit A The City of Greeley and Weld County require an automated Citation and Accident report system. The City of Greeley and Weld County in conjunction with Colorado Judicial, Colorado District Attorney's Council and Colorado Department of Revenue require these systems to provide Citation and Accident data to be electronically submitted between these agencies. The following requirements are outlined below based on the individual agencies specific needs. City of Greeley and Weld County requirements: This system must be user friendly and allow sworn staff to quickly and easily issue and print traffic citations in the field. This system will also be used by Records to enter paper tickets. This system must conform to existing business rules. The system must be implemented completely to include synchronization with the existing Tiburon system and allowing automated upload of the information to Colorado Judicial, Colorado District Attorney's Council and Colorado Department of Revenue on a schedule to be determined. Implementation will include working with the above mentioned entities to determine the proper data requirements and procedural format. The system must be capable of running within the Windows 2000 and higher operating systems. Data collection of citation and accident information must comply with the requirements of the City of Greeley, Weld County and the State of Colorado. All printed citations and accident forms must meet the requirements of the City of Greeley, Weld County and the State of Colorado. The software package must provide the ability to modify various configurable items with rapid dissemination methods. The system must also provide the ability to update, if applicable, any desktop or mobile application upon use with limited user involvement. Requirements within the citation and accident application: The mobile/desktop citation/accident reporting system must be written in a manner in which the use of configurable drop down lists and multi-check boxes are used to minimize data entry and maximize officer productivity. The package must also provide functionality for reading data presented on the magnetic strips on the reverse side of an individual's driver's license and populate data fields within the application. The package must also provide functionality for populating fields within the application from information returned in mobile data query results. Software must also provide configurable items, such as violation codes, makes, models, styles, hair and eye colors, and court date information. This information must comply with CCIC/NCIC codes. The software package must provide a citation "ticket book" formatting system similar to that of paper tickets issued with the ability to configure ticket, letter prefix, and with the ability to issue ticket books of consecutive citations to officers, with a configurable ticket book quantity and Page 1 of 4 Exhibit A minimum threshold for number of cites on each mobile before new books are automatically issued. The system must provide the capability to write up to four violations per citation. Security Integration: The system must provide configuration and options for login security. Mobile and Desktop security must provide a configurable username and authentication process prior to gaining entry into any citation software module. Printing of Citations and Accident Forms: The system must provide functionality that will allow printing of the citations and accident forms after the initial data entry as well as printing at a later date. To accomplish this, the user must be able to search by citation number and/or case number. The printing of all forms must meet the needs of the agencies. The primary printing of accident forms will be done by officers/records clerks using the GPD computer network and network printers inside the building. This printing may occur after the initial data entry or on request at a later date. Accident Diagramming: The system must provide functionality to create accident diagrams. These diagrams can be created on the mobile or the desktop. The diagram will be created electronically and must be integrated into the accident report and conform to the State of Colorado requirements. Export of Data: The system must provide exports of data to the existing Tiburon RMS system, Colorado Judicial, Colorado District Attorney's Council and Colorado Department of Revenue. The citation/accident system will be the hub for the data, with the data being exported directly from this system. The exports must meet the specific requirements for each of the above entities. The specific requirements for each entity are outlined below. Tiburon Citation Export: Tiburon will provide the license and technical services for Tiburon's standard E- citation interface to allow the Department to upload data from APS to Tiburon's version 7.3.3 RMS Citation Module. Colorado Judicial Citation Export: 1. The scope of this project includes every element or piece of information that can be recorded on the ticket must be included in the transfer. 2. Each ticket will be sent as an individual message. 3. The exchange will use Web Services with the messages being sent in the SOAP format. The service at the District Attorney's (ACTION) will be using the .Net platform. 4. NIEM 2.0, National Information Exchange Model Global is intended to be a data reference model for the exchange of information within the justice Page 2 of 4 Exhibit A and public safety communities. The NIEM model is sponsored by the U.S. Department of Justice (DOJ) Office of Justice Programs (OJP). The vendor will need to map the fields from the ticket and create the NIEM standard schema. 5. The transfer will use Document Literal Style messages. 6. Message ID - Message ID, a unique message identifier such as message creation timestamp up to mill-seconds needs be added to the body of the message in the appropriate NIEM element. 7. The transfer will need to use strong type/data binding. 8. All the web services should support full schema validation. 9. The service needs to have automatic retry logic, in the event of system or network problems. 10.The service needs to have the ability to resend the messages based on a time frame so if there are network or system problems the end-points will not lose the messages. 11. Export of all citations will be required. Colorado District Attorney's Council Citation Export: 1. The scope of this project includes every element or piece of information that can be recorded on the ticket must be included in the transfer. 2. Each ticket will be sent as an individual message. 3. The exchange will use Web Services with the messages being sent in the SOAP format. The service at the District Attorney's (ACTION) will be using the .Net platform. 4. NIEM 2.0, National Information Exchange Model Global is intended to be a data reference model for the exchange of information within the justice and public safety communities. The NIEM model is sponsored by the U.S. Department of Justice (DOJ) Office of Justice Programs (OJP). The vendor will need to map the fields from the ticket and create the NIEM standard schema. 5. The transfer will use Document Literal Style messages. 6. Soap Header/Message ID - Message ID, a unique message identifier such as message creation timestamp up to mill-seconds needs be added to the soap header for each message. The senders need to create a message id value and populate the soap header with the message id value, which is used to track each message throughout the message transfer process. 7. The transfer will need to use strong type/data binding. 8. All the web services should support full schema validation with the standard SOAP fault response. 9. The service needs to have automatic retry logic, in the event of system or network problems. 10.The service needs to have the ability to resend the messages based on a time frame so if there are network or system problems the end-points will not lose the messages. Page 3 of 4 Exhibit A 11. Export of offenses will be required. Colorado Department of Revenue Citation Export: 1. The scope of this project includes every element or piece of information that can be recorded on the ticket must be included in the transfer. 2. The format of the export is TBD. 3. Export of penalty assessments will be required. Colorado Department of Revenue Accident Report Export: 1. The scope of this project includes every element or piece of information that can be recorded on the Colorado accident form must be included in the transfer. 2. The format of the export is TBD. 3. Export of penalty assessments will be required. Page 4 of 4 co 0) co a co -O . tc C V V ~d 0 U 0 O OT ` p U a) O y CO N d d p a@ C E C 'V N @ V 0 C' U 0 m.O O Cu a .@C a ; .≥ N O O 0 Cu N C C y o QC O N — < V C C a) C @ O o ` @ a N @ C N @ o @ -p ≥ '� C N ` C Co N O O) a) 00 00 a) 0 a) O —_ O d V 0s- Z .! U 1 C X ` a s a @ @ V V .r a) .C d a 3 N a) @ @ N E @ C 6 N OT `o > N V@ C a w w 0 O C 0)N 0 O 0. C CD C C Y O@ p 0@ 0 a) i6 @ C@ ° E O @ a) p m E 0 0 c v c F,d 8 >. N ¢ n g; c a_ D 15 a E H = a 3 75. 0 @@ N 2 a@ `p L 3 U a) a > a U _ E T p a) w _a) U 0) C. a' a a L L w -c L- L O C O 3i O a) 7 •330 '3)& 3 @ 0 @ > a) • ≤6 @@ . .. @ w w 0 a) No - C. C. 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QQ ö Q) ICJ CC 03 Exhibit B Statement of Work For Greeley/Weld County ADVANCED PUBLIC SAFETY A Trimble Company Revision 1.50 November 30, 2007 Exhibit B Table of Contents: 1 Overview 2 2 Scope / Objective 2 3 Functional Overview 2 4 Deliverables 2 5 Responsibilities 2 5.1 Project Kickoff 2 5.2 VirtualPartner 2 5.3 QuickTicket 2 5.4 QuickCrash 2 5.5 SmartRoads 2 5.6 SmartExport 2 5.7 SmartPrint 2 5.8 Training 2 Rev 1.50 Page 2 of 14 Exhibit B Revision History: Revision Date By Description 1.00 10/11/07 RS Initial draft for review. 1.01 10/12/07 DK Response to Customer comments. 1.10 11/21/07 RS, DK Update to reflect latest proposal. 1.20 11/26/07 JKW Modifications from Greeley/Weld 1.30 11/28/07 RS, DK Remove SmartExport to DOR (DOR and DMV are same). Add QuickCrash on Desktop to complete and print the Crash form. 1.40 11/29/2007 JKW Updated for final modifications 1.50 11/30/2007 RS, DK Accepted formatting changes Rev 1.50 Page 3 of 14 Exhibit B 1 Overview This Pre-Sales Statement of Work ("SOW") describes the tasks and deliverables required for Advanced Public Safety ("APS") to provide Greeley Police Department/Weld County Sheriffs Office ("Customer') with an electronic ticketing and crash form (with diagramming) solution. Visual Statement, an APS company, will provide the crash form and diagramming solutions. Rev 1.50 Page 4 of 14 Exhibit B 2 Scope / Objective The following objectives are within the scope of this project: 1. Provide Customer with an electronic ticketing solution for mobile computer. APS will meet the citation form requirements for the State of Colorado. a. Citation will be completed on mobile computer. b. Citation will auto-populate with information returned in mobile data query results. c. Citation will print on Zebra RW-420 thermal printer. d. Citation data will be exported to a customer-specified destination (usually an FTP address) in file format (CSV, XML, fixed length, etc.) required for import to each of the following: Tiburon RMS, Judicial (Courts), CDAC and DOR/DMV. 2. Provide Customer with an electronic crash form and crash diagramming solution. APS will meet the crash form requirements for the State of Colorado. a. Crash form and diagram will be started on mobile computer. b. Crash Form will auto-populate with information returned in mobile data query results. c. Crash form and diagram will be completed on mobile computer or desktop computer. d. Driver Exchange information will print on Zebra RW-420 thermal printer. e. Crash form and crash diagram will print from desktop computer on an IP Windows printer on standard 8.5" x 11" paper. Note: Customer is responsible for providing connectivity to Windows printer. f. Completed crash form data will be exported to a customer-specified destination (usually an FTP address) in file format (CSV, XML, fixed length, etc.) required for import by the DOR/DMV. 3. Provide Customer with an electronic ticketing solution for desktop computer (workstation). a. Citation will be completed on desktop computer(workstation). b. Citation will print on any Windows printer available to the desktop computer. c. Citation data will be exported to a customer-specified destination (usually an FTP address) in file format (CSV, XML, fixed length, etc.) required for import to each of the following: Tiburon RMS, Judicial (Courts), CDAC and DOR/ DMV. The following are outside of scope for this project: 1. Customer is responsible for providing a script that imports electronic citation data into Customer's RMS. Tiburon will provide the programming required for this with a separate SOW and pricing. APS will work with Tiburon to verify the data being provided in the extract meets the data requirements and format of the Tiburon system. Rev 1.50 Page 5 of 14 Exhibit B 2. Customer is responsible for providing all scripts required to import electronic citation data into each of the following systems: Judicial (Courts), CDAC and DOR/DMV. The State of Colorado (Judicial (Courts), CDAC and DOR/DMV) will provide the programming necessary for this. APS will work with the State of Colorado to verify the data being provided in the extract meets the data requirements and format for the State. 3. Customer is responsible for proving a script that imports electronic crash form data into State's DOR/DMV system. Rev 1.50 Page 6 of 14 Exhibit B 3 Functional Overview This section provides a functional overview of the proposed solution. The following diagram is used as a reference. Z (18) (13.14) ti (8,9) 4,a (4) 4. .........,..O.-- ,. Zebra Desktop Desktop Vr '(t5) Desktop •,,, 10) RW420 Mobile Computer SmartPrint SmartRoads QuickTicket SmartRoads QuickCrash VirtualPartner t Engine (3) .x SmartExport(file)- QT to Tiburon RMS 8o QuickCrat;tt SmartExport(File)-QT to Judicial(Courts) SE{fib)-QC to DMV (16) (11) j SmartExport(File)-QT to CDAC SmartExpo t(File)-QT to DOR (5) IDMV / (2) VirtualPartner _ t SE(File)-OT to Tiburon RMS Engine (T) - :(Pies) QT W Ju .:(Courts) (Wireless Transfer via FTP) ...,r SE(File)••QT to CDAC Mobile Data Client PD Server SE(File)-QT to OOR/DMV (1) M import script s a,. Provided by Tiburon D. „ ,, e')'/,?s4ag (Gtalion Data) {6.121 import Script Tiburon RMS ,�, Not Provided by APS •� (Citation Data) (B,12) . . . MDC Import Script Judicial Message Not Provided by APS P (Courts) Switch (Citation Data) (6,12) - import Script CDAC ti r$ -U Not Provided by APS + ► '. �. � �`� (Citation and Crash Data) s (e National State Local 1z,n) Database Databases Databases DOR/DMV On Mobile Computer: 1. Officer uses Mobile Data Client software to run Person and/or Vehicle mobile data query. Driver's license information can be swiped (using magnetic stripe reader on printer) or entered manually. 2. Officer uses hot-key (usually Ctrl-U or Ctrl-T) to display menu that allows officer to select either electronic citation (QuickTicket) or electronic crash form (QuickCrash). 3. Officer completes electronic citation or starts electronic crash form. Certain fields in the form are auto-populated with information returned in mobile data query results. 4. Officer prints electronic citation (or Driver Exchange information) on Zebra RW-420 thermal printer. 5. SmartExports transfer citation and crash form data from mobile computer to Police Department server (usually via wireless FTP). Rev 1.50 Page 7 of 14 Exhibit B 6. Import scripts (not written by APS) import electronic citation data from PD Server into Tiburon RMS, Judicial (Courts), CDAC and DOR/DMV. 7. The crash form (and diagram) data remains on the PD Server, for completion on desktop computer. On Desktop Computer with QuickTicket: 8. Officer uses hot-key (usually Ctrl-U or Ctrl-T) to bring up the electronic citation software (QuickTicket). 9. Officer completes electronic citation. 10.Officer prints electronic citation on any windows printer available to the desktop computer. 11.SmartExports transfer citation data to Police Department server. 12.Import scripts (not written by APS) import electronic citation data into Tiburon RMS, Judicial (Courts), CDAC, and DOR/DMV. On Desktop Computer with QuickCrash: 13.Officer uses hot-key (or other mechanism) to bring up QuickCrash. 14.Officer opens and completes the crash form (and diagram) started on the mobile computer. 15.Officer prints crash form and diagram on any windows printer available to the desktop computer. 16.Once the crash form is "locked", SmartExport transfers the crash form data back to Police Department server. 17.An import script (not written by APS) imports the crash form data into DMV. On Desktop Computer with SmartPrint installation: 18.Court and/or PD personnel can search for, retrieve and reprint any electronically generated Citation from any computer(s) where the SmartPrint client application is installed and with access to the network share containing the SmartPrint data repository. Rev 1.50 Page 8 of 14 Exhibit B 4 Deliverables The major APS software and hardware deliverables for this project are listed in this section. Additional deliverables (such as Project Management and Training) are listed in the corresponding APS Proposal. Deliverable Description 1. VirtualPartner Engine Interface to mobile data client. 2. QuickTicket Software used to issue electronic citations on mobile and on desktop computers. 3. QuickCrash Software used to fill out electronic crash reports on mobile and on desktop computers. 4. SmartRoads Software used to insert crash diagram into electronic crash form. 5. Zebra RW-420 Printer Used to print electronic citations and driver exchange information in the vehicle(on 4"thermal paper). 6. USB cable for Zebra printer Used to connect the Zebra printer to the mobile computer in the vehicle. 7. SmartExport(File)—QT to Tiburon Transfers electronic citation data in required format from RMS mobile and desktop computers to designated destination for import into Tiburon RMS. 8. SmartExport(File)—QT to Judicial Transfers electronic citation data in required format from (Courts) mobile and desktop computers to designated destination for import into Judicial (Courts)system. 9. SmartExport(File)—QT to CDAC Transfers electronic citation data in required format from mobile and desktop computers to designated destination for import into CDAC. 10. SmartExport(File)—QT to Transfers electronic citation data in required format from DOR/DMV mobile and desktop computers to designated destination for import into DOR/DMV. 11. SmartExport(File)—QC to DMV Transfers electronic crash form data in required format from mobile computers to designated destination for import into DOR/DMV. 12. SmartPrint Allows agency to print an exact replica of the ticket/citation (that was issued to the violator in the field). Note: SmartPrint does not reprint Crash forms. Rev 1.50 Page 9 of 14 Exhibit B 5 Responsibilities 5.1 Project Kickoff Objective: 1. Review APS and Customer Project Manager Contact Information 2. Review Payment Terms 3. Review Billing Contact Information 4. Review Products Listed on Sales Order 5. Review Product Specifications 6. Review Software Development Process 7. Review Acceptance Test Process 8. Review Hardware Delivery Process 9. Verify Hardware Shipping Address 10.Review RMA Procedures 11.Review Software Maintenance 12.Verify Signed PDO 13.Review Initial Project Plan Timeline & Customer Deliverables 14.Product User Guides Sent to Customer APS shall: 1. Schedule project kickoff call between APS and Customer 2. Send Welcome Letter and PDO (or SOW) to Customer 3. Updated Project Plan and send to Customer for Review & Approval 4. Complete a build analysis for all deliverables Customer shall: 1. Returned signed PDO (or SOW) to APS 2. Review & Approve Project Plan in a timely manner Rev 1.50 Page 10 of 14 Exhibit B 5.2 VirtualPartner APS shall: 1. Develop/Customize VirtualPartner per Customer requirements 2. Deliver VirtualPartner software that works with Customer's Mobile Data Client — Tiburon. Note:APS software updates are posted on an FTP server(hosted either by APS or Customer) and can be applied either manually or automatically, using the VirtualPartner auto-update feature. When auto-update is enabled, VirtualPartner checks for updates every six (6) hours and downloads these updates to the mobile computer wirelessly. Customer shall: 1. Specify which Mobile Data Client is used by Customer—Tiburon 2. Provide APS (if required) with remote access to mobile computer with Mobile Data Client 3. Install software updates on handheld as required 4. Test software and provide feedback in a timely manner 5.3 QuickTicket APS shall: 1. Develop/Customize/Deliver QuickTicket per Customer requirements 2. Provide guidance to Customer during integration and testing 3. Provide User Documentation Customer shall: 1. Deliver the following to APS: A. Hard copy of forms B. Electronic copy of footer(back of forms) C. Electronic copy of lists on form — these are the choices (pick lists) for each drop down box in the citation. D. Customizations: i. Fields to be added, deleted, or arranged ii. Fields with input masks iii. Required fields iv. Values for all drop-down lists v. Business rules for fields and drop-downs 2. Install software updates on mobile computer as required 3. Test software and provide feedback in a timely manner Rev 1.50 Page 11 of 14 Exhibit B 5.4 QuickCrash APS shall: 1. Develop/Customize/Deliver QuickCrash per Customer requirements 2. Provide guidance to Customer during integration and testing 3. Provide User Documentation Customer shall: 1. Deliver the following to APS: A. Hard copy of forms B. Electronic copy of footer (back of forms) C. Electronic copy of lists on form - these are the choices (pick lists) for each drop down box in the citation. D. Customizations: i. Fields to be added, deleted, or arranged ii. Fields with input masks iii. Required fields iv. Values for all drop-down lists v. Business rules for fields and drop-downs 2. Install software updates on mobile computer as required 3. Test software and provide feedback in a timely manner 5.5 SmartRoads APS shall: 1. Deliver SmartRoads for integration with QuickCrash 2. Provide guidance to Customer during integration and testing 3. Provide User Documentation 4. Verify and ensure that the existing ReportBeam continues to work as needed by the customer. Customer shall: 1. Install software updates on devices as required 2. Test software and provide feedback in a timely manner Rev 1.50 Page 12 of 14 Exhibit B 5.6 SmartExport APS shall: 1. Develop/Customize/Deliver the following SmartExports per Customer requirements: a. SmartExport (File)— QuickTicket (citation data) for Tiburon RMS b. SmartExport (File)— QuickTicket for Judicial (Courts) c. SmartExport (File) — QuickTicket for CDAC d. SmartExport (File) — QuickTicket for DOR/DMV e. SmartExport (File) — QuickCrash (crash data) for DMV 2. Provide guidance during integration and testing Customer shall: 1. For each SmartExport: a. Destination of the export file b. File transfer method (FTP information, UNC, mapped drive, etc.) c. File Format (CSV w/headers, CSV w/o headers, XML, fixed length, etc...) and sample files (if XML) d. Database Schema (what fields and field types is Tiburon expecting) e. Field mapping 3. Allow FTP access to PD Server for transfer of SmartExport data files from mobile computers and desktop (workstation) computers. 2. Install software updates as required 3. Test software and provide feedback in a timely manner Note: Customer is responsible for providing all import scripts to import citation and crash data into the respective systems. 5.7 SmartPrint APS Responsibilities: 1. Deliver SmartPrint application to reprint Customer's electronic citations. 2. Provide guidance to Customer during installation and testing as required. 3. Provide User Documentation. Customer Responsibilities: 1. Provide PD Server hardware for SmartPrint data repository. 2. Provide desktop computers for each installation of SmartPrint application. Note: Computers with SmartPrint client must have network access to computer(PD server) with SmartPrint data repository. 3. Allow FTP access to PD Server for transfer of SmartPrint Export data files from mobile computers. Rev 1.50 Page 13 of 14 Exhibit B 5.8 Training APS shall: 1. Provide with in-house training tailored to cover the hardware and software aspects of the APS products purchased and the tactics of using these products out in the field. APS has included two days of on site training in the current proposal. We typically provide two to three sessions per day depending on your department's requirements. We will customize the training to meet your department's needs. Customer shall: 1. Designate personnel to be trained 2. Provide facilities and make personnel available for in-house training. In order for training to be effective, class size should be limited to a maximum of 12 students per session. Based on the training required for the products purchased, it is expected that a basic training session will last four (4) hours. Rev 1.50 Page 14 of 14 Exhibit C Project Plan and Costs For Greeley/Weld County ADVANCED PUBLIC SAFETY A Trimble Company Revision 1.50 November 30, 2007 Exhibit C Table of Contents: 1 Product Development Outline 4 1.1 Project Management 4 1.2 Software Development 4 1.3 Acceptance Testing 4 1.4 Hardware Delivery 4 1.5 RMA Procedures 5 1.6 Software Maintenance 5 2 Cost and Schedule 6 2.1 Cost 6 2.2 Payment Terms 6 2.3 Schedule 6 Rev 1.50 Page 2 of 6 Exhibit C Revision History: Revision Date By Description 1.00 10/11/07 RS Initial draft for review. 1.01 10/12/07 DK Response to Customer comments. 1.10 11/21/07 RS, DK Update to reflect latest proposal. 1.20 11/26/07 JKW Modifications from Greeley/Weld 1.30 11/27/07 RS, DK Modifications from APS 1.40 11/29/2007 JKW Updated for final modifications 1.50 11/30/2007 RS, DK Accepted formatting changes Rev 1.50 Page 3 of 6 Exhibit C 1 Product Development Outline This section describes the typical product development process for APS projects, costs and the schedule required for Advanced Safety ("APS") to provide Greeley Police Department/Weld County Sheriff's Office ("Customer') with an electronic ticketing and crash form (with diagramming) solution. 1.1 Project Management The APS Project Manager coordinates the development of the software, execution of the project plan, and will be the primary liaison responsible for communicating with Customer's Project Manager regarding all aspects of the project. 1.2 Software Development Customer will receive an initial customized version of the software purchased and one (1) license key for testing and evaluation purposes. Each software application may be revised up to three (3) times prior to acceptance/annual maintenance. Prior to acceptance/annual maintenance the software is to be used for testing purposes only. If the software is used for any purpose except for testing, the software is deemed accepted. Prior to releasing the software to the Customer, APS thoroughly conducts quality assurance (QA) testing by senior developers. The QA developers ensure the software is functioning within specifications defined in the Product Specification document(s). In cases where the Customer network infrastructure is required for testing, i.e. state queries, it will be the responsibility of the Customer to test functionality and report to APS any defects. The Customer will have up to fifteen (15) business days after being notified that a new version of the software is available in which to request revisions from APS. If no revisions are requested within fifteen (15) business days, the software is deemed accepted. Refer to Master Software License and Support Agreement, Section 2.3 for final software acceptance terms. 1.3 Acceptance Testing The objective of Installation and Application testing is to ensure the functionality and performance of the software products purchased. The Customer is expected to test software to ensure interoperability with Customer's software systems. Software functionality is defined in the respective software application Products Specification document(s). 1.4 Hardware Delivery Initially, one (1) unit of each hardware item purchased will be shipped to facilitate acceptance testing. When the software is accepted, the remaining hardware will be shipped and deemed accepted when delivered. If any hardware is incorrect, nonconforming, or damaged, APS must be notified within ten (10) business days. All Rev 1.50 Page 4 of 6 Exhibit C hardware must be tested within ten (10) business days of receipt to ensure each unit is functioning properly. All packaging, user manuals, and accessories must be retained for thirty (30) days in original condition should an exchange be necessary. Within the first thirty (30) days please obtain a RMA from APS. Post thirty (30) days please obtain a RMA directly from the manufacturer. 1.5 RMA Procedures Within thirty (30) days of receipt of hardware if an exchange is necessary the APS project manager must be notified in writing. APS project manager will generate an e- mail requesting the necessary information to facilitate the RMA. Post thirty (30) days any hardware requiring servicing will need to be completed through the manufacturer. APS will provide the Customer with manufacturer contact information for the RMA request. 1.6 Software Maintenance Once the project has been closed the account will be placed in a maintenance status. The Customer will contact the support department for future revision requests or questions. This can be accomplished by e-mailing support@aps.us or by contacting the support department via telephone 954-354-3000 and choosing the support option from the auto attendant. Rev 1.50 Page 5 of 6 Exhibit C 2 Cost and Schedule 2.1 Cost The cost for this project is shown in the associated Sales Proposal — Exhibit C.1. The associated costs for writing the required import scripts are not included in the APS Sales Proposal or Statement of Work. 2.2 Payment Terms Payment terms for software are as follows: • 34% due upon receipt of Purchase Order. • 33% due upon initial delivery of QuickTicket and QuickCrash • 33% due upon acceptance of QuickTicket and QuickCrash Payment terms for hardware: • 100% upon shipment 2.3 Schedule The actual project schedule will be generated by the Project Manager after project kick- off. Rev 1.50 Page 6 of 6 Exhibit D A 9 ADVANCED PUBLIC SAFETY A Trimble Company OVERVIEW: APS MAINTENANCE/SUPPORT PLAN APS provides annual software Maintenance/Support Plan that covers the updates, customizations, repairs, and upgrades to the deployed solution. The following summarizes the features and benefits of this plan: • Maintenance for the first year is $14,514.84. • Full customization of the APS solutions to ensure the software operates as desired by the agency. • Periodic updates of the software that may incorporate: (A) enhancements requested by the agency to the software (including, but not limited to: voice modifications, form modifications, statute changes, violation updates, fine amount changes, updates in racial profiling information, modifications of the printed citation, etc.); (B) modifications required by federal, state, and local governments; and (C) corrections of any defects. • An appropriately trained support staff available via telephone between the hours of 8:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday, to assist the agency in using the software. • In the event of emergencies or system failures which occur outside of the designated support hours, telephone support will be provided 24 hours per day, seven (7) days per week for the term of the Agreement. • 100% guarantee that the APS Technical Support team will continue its dedicated effort to ensure quick turnaround for any modifications and revisions to the agency's solution as well as prompt support to correct any issues that may arise. • If the agency transfers to a new mobile data system, APS will transfer the solution to the new mobile new data system at no additional cost. • Web-enabled troubleshooting and FAQ customer service support. Please contact your APS representative for further information on the maintenance/support plan. APS prides itself on the high level of support we provide to our agencies and we will be happy to supply your agency with a list of references who will verify the level of support provided by APS. 500 FAIRWAY DRIVE, SUITE 204 - DEERFIELD BEACH, FL - 33441 - P. 954.354.3000 - F. 954.354.3001 - WW.APS.US Page 1 of 1
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