R23-031 1 RESOLUTION R23-031
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO
5 SIGN AN END USER LICENSE AGREEMENT INCLUDING
6 ADDENDUM AND PROCURE FROM MARK43, INC. THEIR
7 HOSTED SAAS SERVICES FOR COMPUTER AIDED DISPATCH
8 (CAD) AND RECORDS MANAGEMENT SYSTEM (RMS) AS
9 DESCRIBED IN THEIR PROPOSAL, FOR A COST OF
10 $2,051,217.99;AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, the CAD, RMS, and Mobile Reporting Software plays a critical role in the
13 efficient operation of the public safety mission;and
14 WHEREAS, the CAD system collects the details of Police and Fire 911 and non-
15 emergency calls to help the general public and public safety personnel; and
16 WHEREAS, the RMS and Mobile Reporting software collects and serves as the
17 repository for all information included in official police reports; and
18 WHEREAS, the purchase of the Mark43 CAD and RMS system will integrate with the
19 software purchased for the management of the Real Time Crime Center, AXON in-car video
20 and body-worn cameras and many other software products that compile the analytic data;
21 and
22 WHEREAS, the City Commission has determined that it is in the best interests of the
23 residents of the City to approve and authorize the City Manager to sign an End User License
24 Agreement including Addendum and procure from Mark43,Inc.their hosted SaaS Services for
25 Computer Aided Dispatch (CAD) and Records Management System (RMS) as described in
26 their proposal, for a cost of$2,051,217.99.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
28 BOYNTON BEACH, FLORIDA, THAT:
29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 being true and correct and are hereby made a specific part of this Resolution upon adoption
31 hereof.
32 Section 2. The City Commission hereby approves and authorizes the City
33 Manager to sign an End User License Agreement including Addendum and procure from
S:\CA\RESO\Agreements\Approve Mark43 CAD-RMS Contract-Reso.Docx
34 Mark43, Inc. their hosted SaaS Services for Computer Aided Dispatch (CAD) and Records
35 Management System (RMS) as described in their proposal, for a cost of$2,051,217.99.
36 Section 3. This Resolution shall become effective immediately upon passage.
37 PASSED AND ADOPTED this 9th day of March, 2023.
38 CITY OF BOYNTON BEACH, FLORIDA
39
40 YES NO
41
42 Mayor-Ty Penserga
43 V
44 Vice Mayor-Angela Cruz
45
46 Commissioner-Woodrow L. Hay
47 7_
48 Commissioner-Thomas Turkin
49
50 Commissioner-Aimee Kelley
51 c-0
52 VOTE
53
54 A ' :
55 / _ ////
56 1. (111). �►'
57 Maylee -Jesus, MPA MC Ty Pen,,-rg.
58 City Cler Ma •r
59
60 =�.�NTOIy e`�� APPROVED AS Tr, FO'
61 (Corporate Seal) ;�Q?.�Qow►rft••.�,9�, � ,2/
63 �--S 5� ��EOS
64 �;�r1C 92O Michael D. Cirullo,Jr.
65 ��� City Attorney
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S:\CA\RESO\Agreements\Approve Mark43 CAD-RMS Contract-Reso.Docx
SOFTWARE LICENSE AND SERVICES AGREEMENT
This Software License and Services Agreement (this "Agreement") is effective as of March 10 , 2023 (the
"Effective Date") by and between Mark43, Inc. ("Mark43"), with a place of business at 250 Hudson Street, 3rd Floor,
New York, NY 10013, and the City of Boynton Beach ("Subscriber"), with a place of business at 100 E Ocean Ave,
Boynton Beach, FL 33435.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree
as follows:
1. DEFINITIONS.
1.1 "Affiliate" means,with respect to any entity, any other entity who, directly or indirectly,through one
or more intermediaries, controls, is controlled by,or is under common control with, such entity. The
term"control"means the possession,directly or indirectly,of the power to direct or cause the direction
of the management and policies of an entity,whether through the ownership of voting securities, by
contract or otherwise.
1.2 "Affiliated Agency" means any other government agency to which Subscriber is legally or
contractually bound to share information.
1.3 "Applicable Law(s)" means, with respect to any party, any federal, state or local statute, law,
ordinance, rule, administrative interpretation, regulation, order, writ, injunction, directive, judgment,
decree or other requirement of any international, federal, state or local court, administrative agency
or commission or other governmental or regulatory authority or instrumentality,domestic or foreign,
applicable to such party or any of its properties,assets or business operations.
1.4 "Applications"means the applications purchased by Subscriber as described in Schedule E.
1.5 "Authorized Users" means employees of Subscriber and any Affiliated Agency who are authorized
to access and use the Applications through the applicable security designation(s),pursuant to which
full or limited access to the applicable Applications may be granted.
1.6 "Documentation" means the knowledge base for the SaaS Services to which Subscriber will be
granted access by Mark43.
1.7 "Go Live" means the date of cutover to each respective Mark43 Application.
1.8 "Integrated Application" means a third-party product, database or application requested by
Subscriber and approved by Mark43 that will be installed, linked or enabled by Subscriber for use in
connection with the SaaS Services(e.g. NCIC).
1.9 "Integrated Application Data"means all data,information,content and other materials stored on an
Integrated Application.
1.10 "Integrated Application Provider" means any third party, including other vendors, state agencies
and local agencies,that control products and/or databases with which Mark43 SaaS Services are to
be interfaced.
1.11 "Intellectual Property Rights" means all intellectual and industrial property rights, whether now
existing or existing in the future, including without limitation, (i)all patent rights, including any rights
in pending patent applications and any related rights; (ii)all copyrights and other related rights
throughout the world in works of authorship, including all registrations and applications therefor;
(iii)all trademarks, service marks, trade dress or other proprietary trade designations, including all
registrations and applications therefor (iv)all rights throughout the world to proprietary know-how,
trade secrets and other confidential information,whether arising by law or pursuant to any contractual
obligation of non-disclosure; and (v)all other rights covering industrial or intellectual property
recognized in any jurisdiction.
1.12 "Professional Services" means any implementation,training, project management, consulting and
other services(outside the scope of the Support Services)that are described in a Statement of Work.
1.13 "SaaS Services" means the Applications, Software, and related software-as-a-service, hosting,
maintenance and/or support services made available by Mark43 for remote access and use by
Subscriber, including any Documentation thereto.
1.14 "Services"means the services provided or required to be provided by or through Mark43, including
without limitation, SaaS Services and Professional Services.
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1.15 "Software" means the object code version of Mark43's computer software and all Updates made
available by Mark43 to Subscriber under this Agreement.
1.16 "Statement of Work"means a detailed plan of work to be agreed by the Parties in conjunction with
this Agreement.
1.17 "Subscriber Data"means all data,information,content and other materials stored or transmitted by
Subscriber and any Authorized User through the SaaS Services(i)in their user accounts;and(ii)on
any Integrated Application,excluding any Third-Party Data and any Mark43 data.
1.18 "Term"means the Initial Term and any Renewal Terms.
1.19 "Third-Party Component" means a third-party application incorporated in, integrated with or
accessed through the SaaS Services(e.g.a mapping provider).
1.20 "Third-Party Data"means any data,information,content and other materials made available by any
third party, including without limitation through a Third-Party Component.
1.21 "Updates"means any and all new releases, new versions, patches and other updates for the SaaS
Services that Mark43 makes generally available without additional charge to its other subscribers of
the SaaS Services.
1.22 "Website"means any Internet website through which Mark43 provides the SaaS Services under this
Agreement.
1.23 "Work Product"means all deliverables(whether or not specifically identified in a Statement of Work),
materials, software, tools, data, inventions, works of authorship and other innovations of any kind
that Mark43,or personnel working for or through Mark43, may make,conceive,develop or reduce to
practice,alone or jointly with others, in the course of performing Professional Services or as a result
of such Professional Services, whether or not eligible for patent, copyright, trademark, trade secret
or other legal protection.
2. PROVISION OF THE SERVICES AND SOFTWARE.
2.1 SaaS Services. Subject to the terms of this Agreement,and during the Term,Mark43 hereby grants
a non-exclusive, non-transferable, non-sublicensable license to Subscriber and its Authorized Users
to access and use the SaaS Services through the Website for Subscriber's internal purposes and in
accordance with the terms and conditions of this Agreement. Mark43 will be responsible for hosting
the Website, and Subscriber and its Authorized Users will be responsible for obtaining internet
connections and other third-party software, hardware and services necessary for it to access the
Website through the internet, including as set forth at https://mark43.zendesk.com/hc/en-
us/articles/4409896858381-Technical-Requirements-for-Mark43-Applications, which may be
updated from time to time upon reasonable advance notice (email acceptable) to Subscriber.
Subscriber will be responsible to Mark43 for compliance with the restrictions on use and other terms
and conditions of this Agreement by any of its Authorized Users.
2.2 Professional Services. Mark43 will provide Professional Services in connection with the SaaS
Services as further described on Schedule E and the Statement of Work. To the extent any
Professional Services involve the development of any customization or configuration to the SaaS
Services, all Intellectual Property Rights to such customization or configuration will be solely owned
by Mark43 and will be deemed to be included in the definition of SaaS Services and licensed to
Subscriber on the terms set forth herein.
2.3 Access to Documentation. Mark43 will provide Subscriber via the Website or other means with
access to the Documentation,as may be updated from time to time. Subscriber may print copies of,
use, and permit its Authorized Users to use, the Documentation solely in connection with the use of
the SaaS Services.
2.4 Support Services. Subject to the terms and conditions of this Agreement, Mark43 will provide to
Subscriber the support services detailed on Schedule A(the"Support Services").
2.5 Restrictions on Use. Subscriber and its Authorized Users will not(and will not permit any third party
to):(i)share Subscriber's or any Authorized User's login credentials;(ii)reverse engineer,decompile,
disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file
formats, or interface protocols of the SaaS Services or of any files contained in or generated by the
SaaS Services; (iii)copy, modify, adapt or translate the SaaS Services or the Third-Party Data, or
otherwise make any use, resell, distribute or sublicense the SaaS Services or the Third-Party Data
other than in connection with this Agreement; (iv) make the SaaS Services available on a "service
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bureau"basis or allow any third parties to use the SaaS Services; (v)disclose the SaaS Services or
any of its components to third parties; (vi) remove or modify any proprietary marking or restrictive
legends placed on the SaaS Services or the Third-Party Data; (vii) use the SaaS Services or the
Third-Party Data in violation of any Applicable Law; (viii) create or augment any mapping-related
dataset (including a mapping or navigation dataset, business listings database, mailing list, or
telemarketing list)for use in an implementation that is not connected to the Services; (ix) introduce
into the Services any viruses,worms,defects, Trojan horses, malware, or any items of a destructive
nature; (x) use the Services to post advertising or listings; (xi) use the Services to defame, abuse,
harass, stalk,or threaten others; (xii)permit access or use of the Services by any individual outside
the United States; (xiii)hide or obscure any Authorized User's location; (xiv)permit access or use of
the Services,for any activities other than to enhance Subscriber's own services,where reliance solely
on, or failure to use, the Services could lead to death, personal injury, or property damages.
Subscriber and its Authorized Users will not access the SaaS Services if in direct competition with
Mark43,and will not allow access to the SaaS Services by any party who is in direct competition with
Mark43, except with Mark43's prior written consent. Subscriber shall comply with additional
restrictions on use of the Services in accordance with the Third-Party Component Terms.
2.6 Security Obligations. Subscriber agrees it and its Authorized Users shall securely manage their
respective password(s) for access to the SaaS Services. Subscriber agrees it shall notify Mark43
promptly in the event it becomes aware of any unauthorized access or use of the SaaS Services, or
of any of its or its Authorized Users passwords or accounts. Unless expressly stated otherwise in this
Agreement,a single username or password may not be used by more than one(1)Authorized User.
In addition, Authorized Users may log into the SaaS Services from only one location at any given
time; concurrent usage (or sign in) under a single username is prohibited, unless Subscriber has a
business justification for concurrent usage, in which case Subscriber is responsible for providing
approval for such usage to the applicable Authorized Users.Subscriber is responsible for all activities
conducted within user accounts in use of the SaaS Services. Subscriber shall comply with all
applicable local, state, federal and regional or other laws and regulations applicable in connection
with use of the SaaS Services, including all those related to data privacy and the transmission of
technical or personal data. Subscriber agrees to (a) provide true, accurate, current and complete
registration data for each account it creates via the SaaS Services, and (b) maintain and promptly
update the registration data to keep it true, accurate,current and complete.
2.7 Changes to Services. Mark43 may make changes and Updates to its Services, provided that it
does not materially derogate the overall quality of the Services. Mark43 does not guarantee that the
Services are or will remain compatible with any particular third-party software or equipment,and may,
upon written notice, terminate its support for, any software or equipment of Subscriber that Mark43
determines are incompatible with the operation of the Services.
2.8 Data Sharing. Mark43 will allow Subscriber to grant other agencies specified levels of access to
Subscriber Data pursuant to an executed data-sharing agreement between agencies, and with
permissions subject to the parameters laid out in the relevant data-sharing agreement. Subscriber
shall provide Mark43 with a copy of the executed data-sharing agreement prior to allowing any such
data-sharing. As between Mark43 and Subscriber, Subscriber will be solely responsible for any
liabilities that arise as a result of such data-sharing.
3. PROPRIETARY RIGHTS; SUBSCRIBER DATA.
3.1 Ownership of Subscriber Data. As between Mark43 and Subscriber, Subscriber owns the
Subscriber Data. Mark43 will have, and Subscriber hereby grants and agrees to grant to Mark43, a
royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use the
Subscriber Data to configure and/or provide the SaaS Services, Software, Support Services and
Professional Services to Subscriber, and/or to prevent or address service or technical problems, in
accordance with this Agreement and the Documentation, or otherwise in accordance with
Subscriber's requests or instructions. Mark43 may also use Subscriber Data in anonymized and/or
aggregated form to develop analytics that may be used to provide products and services to
Subscriber and/or to other Mark43 customers, provided that: (a) Mark43 makes available to
Subscriber functionality and services based on anonymized data obtained from other Mark43
customers that are similar to the functionality and services provided to such other customers based
on the anonymized data;and (b)Mark43 may not sell or offer for sale any Subscriber Data,whether
in Subscriber identifiable, or anonymized and aggregated form. Mark43 shall comply with its
obligations under all Applicable Laws in its provision of the Services and use of Subscriber Data.
3.2 Ownership and Reservation of Rights to Mark43 Intellectual Property. As between Mark43 and
Subscriber, Mark43, its Affiliates and/or its licensors own all right, title and interest in and to the
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Services, Software, Work Product and all related technology and Intellectual Property Rights.
Subject to the limited rights expressly granted hereunder, and except with respect to Third-Party
Components,Mark43 reserves all rights,title and interest in and to the Services,Software,and Work
Product, including all related technology and Intellectual Property Rights. No rights are granted to
Subscriber hereunder other than as expressly set forth in this Agreement or as required by Applicable
Law.
3.3 Subscriber Feedback. Subscriber and its Authorized Users may elect to provide Mark43 with
suggestions, enhancement requests, recommendations and other feedback concerning the SaaS
Services, Software, Support Services or Professional Services (the "Subscriber Feedback").
Subscriber hereby assigns and agrees to assign all Subscriber Feedback to Mark43 without lien or
encumbrance and agrees that Subscriber Feedback will be the sole property of Mark43 and that
Mark43 may use Subscriber Feedback in its discretion without obligation to Subscriber. Mark43 has
no obligation to make Subscriber Feedback an improvement. For the avoidance of doubt,Subscriber
Feedback does not constitute Confidential Information of Subscriber hereunder.
3.4 Usage Data. Mark43 may collect certain information in connection with Subscriber's access to or
use of the Services,such as access records,date and time stamps,transaction and activity records
and system performance data("Usage Data"). Mark43 may use Usage Data to deliver and manage
its products and services,perform maintenance and support,and develop,test,analyze,and improve
the Services and other Mark43 products and services, and generate statistical data about usage of
its products and services. As between Mark43 and Subscriber, Mark43 owns the Usage Data.
3.5 Data Security. Terms applicable to the privacy and security of Subscriber Data are set forth in the
Data Processing Addendum attached as Schedule D hereto(the"Data Processing Addendum").
4. THIRD-PARTY COMPONENTS AND INTEGRATED APPLICATIONS.
4.1 Third-Party Components. Third-Party Components may be made available to Subscriber through
the SaaS Services. In connection with the functionality provided by and/or through Third-Party
Components, Subscriber hereby accepts and agrees to be bound by the terms and conditions set
forth in Schedule C, which may be updated from time to time upon notice (email acceptable) to
Subscriber (the "Third-Party Component Terms"). In the event of any inconsistency or conflict
between the Third-Party Component Terms and the terms of this Agreement, the Third-Party
Component Terms shall govern with respect to Subscriber's access to and use of the applicable
Third-Party Component.
4.2 Integrated Applications. To the extent Subscriber installs, links to or enables any Integrated
Application for use with the SaaS Services, Subscriber grants and agrees to grant (and will cause
the applicable Integrated Application Provider to grant) to Mark43 permission to access, retrieve,
view, store, copy, modify and process Integrated Application Data from Subscriber's existing
account(s)on each such Integrated Application to the extent necessary to facilitate the interoperation
of such Integrated Application with the SaaS Services. To the extent Subscriber requires an
Integrated Application Provider's assistance to install, link to or enable any Integrated Application for
use with the SaaS Services, Subscriber shall separately contract with each such Integrated
Application Provider for any such assistance. In no event will Mark43 be responsible for any
Integrated Application or Integrated Application Data, or for any failure of an Integrated Application
to properly interoperate with the SaaS Services; provided, however, to the extent that Mark43
creates, pursuant to the Statement of Work, an interface for an Integrated Application hereunder,
Mark43 shall be responsible for such interface only, subject to the terms and conditions of this
Agreement and the applicable Statement of Work. Mark43 may at any time, in its sole reasonable
discretion, including upon the request of an Integrated Application Provider or due to an actual or
potential security threat, disable any connection between an Integrated Application and the
Applications, and any access, retrieval and viewing of Integrated Application Data via the
Applications. For the avoidance of doubt, Subscriber's access to and use of Integrated Applications
and Integrated Application Data shall be subject to the terms and conditions of Subscriber's
agreement(s)with the applicable Integrated Application Provider.
5. FEES AND PAYMENT TERMS.
5.1 Fees for the Services. Subscriber will pay the fees as stated in Schedule E (the"Fees")attached
hereto in accordance with the payment schedule set forth in Schedule E. All payments of Fees are
non-refundable. Additional terms related to the Fees and payment therefor are set forth in the
Addendum attached to this Agreement.
5.2 RESERVED.
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5.3 RESERVED.
6. TERM AND TERMINATION.
6.1 Term.
(a) Initial Term. The initial term of this Agreement begins on the Effective Date and will continue for
the period set forth on Schedule E, unless and until terminated in accordance with Section 6.2
(the"Initial Term").
(b) Renewal Terms. Upon expiration of the Initial Term or any Renewal Term, this Agreement will
automatically renew for successive periods as set forth on Schedule E(each,a"Renewal Term")
at the rates set forth on Schedule E, unless either party provides the other with written notice of
non-renewal at least thirty(30)days prior to the expiration of the then-current term.
6.2 Termination; Suspension of Services.
(a) Termination for Breach by Either Party. Either party may terminate this Agreement upon written
notice to the other party, if the other party breaches a material term of this Agreement and such
breach remains uncured for thirty(30)days after the other party's receipt of such notice.
(b) Termination for Non-Appropriation. Subscriber's payment obligation under this Agreement
extends only to funds appropriated annually by Subscriber or Subscriber's governing body for the
purpose of this Agreement. For each succeeding fiscal period covered by this Agreement,
Subscriber or other applicable agency or department responsible for this Agreement agrees to
include in its budget request appropriations sufficient to cover the annual financial obligations
under this Agreement. If Subscriber is appropriated insufficient funds to continue annual
payments under this Agreement,Subscriber may terminate this Agreement by giving Mark43 not
less than thirty (30) days' prior written notice. Upon termination under this paragraph, Mark43
shall be entitled to compensation for all Services rendered prior to the effective termination date,
plus any prepaid Fees,as well as reimbursement for reasonable costs actually incurred in closing
out this Agreement.
(c) Suspension of Services. To the extent permitted by Applicable Law,in addition to any other rights
or remedies it may have under this Agreement or by Applicable Law, Mark43 may immediately
suspend provision of the Services without liability to Subscriber: (a) if Subscriber's account is
more than sixty (60) days past due, until paid in full; (b) if Subscriber breaches Section 2.5
(Restrictions on Use)or Section 2.6(Security Obligations);(c)to avoid harm or liability to Mark43,
its Affiliates or its other customers, including in the case of denial of service attacks or other
disruptions; or (d) if required by Applicable Law or requested by a governmental authority.
Subscriber shall remain liable for any fees and other amounts payable under this Agreement
during any period of suspension. Mark43 will provide notice to Subscriber of any such suspension
and use commercially reasonable efforts to restore Subscriber's rights to use and access those
portions of the Services or accounts that gave rise to the suspension promptly after Subscriber
has resolved the problem giving rise to the suspension.
6.3 Effect of Termination. In the event of any termination or expiration of this Agreement,
(a) Subscriber will pay Mark43 all amounts payable hereunder as of the termination or expiration
date;
(b) all rights and licenses granted hereunder to Subscriber (as well as all rights granted to any
Authorized Users of Subscriber)will immediately cease, including but not limited to all use of the
SaaS Services; and
(c) Mark43 will provide records to Subscriber in accordance with its transition assistance services
("Transition Assistance")as set forth in Schedule B.
(d) Subscriber will, upon written request of Mark43, either return to Mark43 or provide Mark43 with
written certification of the destruction of, all documents, computer files and other materials
containing any Confidential Information of Mark43 that are in Subscriber's possession or control.
6.4 Survival. The following provisions will survive any termination or expiration of this Agreement:
Section 3.1 ("Ownership of Subscriber Data"), Section 4 ("Third-Party Components and Integrated
Applications"), Section 6.3 ("Effect of Termination"), Section 7 ("Confidentiality"), Section 8.4
("Disclaimer"), Section 9 ("Limitation of Liability"), Section 10 ("Indemnification"), Section 11
("Miscellaneous"), Schedule B("Transition Assistance")and this Section 6.4("Survival").
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7. CONFIDENTIALITY.
7.1 Definition of Confidential Information. For the purposes of this Agreement, "Confidential
Information" means: (a)with respect to Mark43, the SaaS Services, and any and all source code
relating thereto,as well as Documentation and non-public information or material regarding Mark43's
legal or business affairs,financing,customers,properties or data,and(b)with respect to Subscriber,
any non-public information or material regarding Subscriber's legal or business affairs, financing,
customers, properties or data. Notwithstanding any of the foregoing, Confidential Information does
not include information which: (i) is or becomes public knowledge without any action by, or
involvement of,the party to which the Confidential Information is disclosed (the"Receiving Party");
(ii)is documented as being known to the Receiving Party prior to its disclosure by the other party(the
"Disclosing Party"); (iii) is independently developed by the Receiving Party without reference or
access to the Confidential Information of the Disclosing Party and is so documented; or (iv) is
obtained by the Receiving Party without restrictions on use or disclosure from a third person who did
not receive it, directly or indirectly,from the disclosing party.
7.2 Use and Disclosure of Confidential Information. The Receiving Party will, with respect to any
Confidential Information disclosed by the Disclosing Party before or after the Effective Date: (i)use
such Confidential Information only in connection with the Receiving Party's performance of this
Agreement;(ii)subject to Section 7.4 below,restrict disclosure of such Confidential Information within
the Receiving Party's organization to only those of the Receiving Party's employees and independent
contractors who have a need to know such Confidential Information in connection with the Receiving
Party's performance of this Agreement and (iii) except as provided herein, not disclose such
Confidential Information to any third party unless authorized in writing by the Disclosing Party to do
so.
7.3 Protection of Confidential Information. The Receiving Party will protect the confidentiality of any
Confidential Information disclosed by the Disclosing Party using at least the degree of care that it
uses to protect its own confidential information(but no less than a reasonable degree of care).
7.4 Employee and Independent Contractor Compliance. The Receiving Party will, prior to providing
any employee or independent contractor access to any Confidential Information of the Disclosing
Party,inform such employee or independent contractor of the confidential nature of such Confidential
Information and require such employee or independent contractor to comply with the Receiving
Party's obligations hereunder with respect to such Confidential Information.
7.5 Compelled Disclosure. A disclosure by one party of Confidential Information of the other party to
the extent required by Applicable Law will not be considered a breach of this Agreement, provided
the party so compelled promptly provides the other party with prior notice of such compelled
disclosure (to the extent legally permitted)and provides reasonable assistance, at the other party's
cost, if the other party wishes to contest the disclosure.
7.6 Public Records.
(a) For purposes of this Section 7 (Confidentiality), the term"Public Records Request"shall mean
any request for the disclosure of records pursuant to a state public records law or"sunshine"law,
federal Freedom of Information Act or other comparable law.
(b) To the extent Subscriber is subject to a Public Records Request that seeks the disclosure of any
information or materials provided by Mark43 to Subscriber prior to or during the Term (including
without limitation this Agreement), Subscriber shall, prior to any disclosure, promptly notify
Mark43 of such Public Records Request (to the extent legally permitted to do so) and provide
reasonable assistance, at Mark43's cost, if Mark43 wishes to contest the disclosure. Subscriber
shall also identify for Mark43 the information or materials it intends to disclose, and provide
Mark43 at least ten (10) days to review prior to disclosure, or if such time is not available or
permitted under Applicable Law, at least as much time as would be reasonable to allow Mark43
to meaningfully review and seek appropriate relief. For the avoidance of doubt, and without
limiting the foregoing, Subscriber hereby acknowledges that Mark43 shall have no implicit or
explicit obligation to challenge, oppose or defend against any request described herein.
7.7 CJIS Standards; Employee Background Checks.
(a) Subscriber understands and agrees that Mark43 utilizes third-party vendors (each, a "Hosting
Provider")to host the SaaS Services.
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(b) Subscriber may request reasonable records from Mark43 from time to time to assess Mark43's
adherence to requirements of the applicable CJIS Security Policy promulgated by the FBI. For
the avoidance of doubt, Subscriber may need the consent of Hosting Provider to obtain any
records or information from Hosting Provider.
(c) Subscriber will have the opportunity to run, at Subscriber's expense, reasonable background
checks on Mark43 employees that will have direct access to Subscriber Data in Subscriber's
production environment(such employees,the"Covered Employees"),provided that Mark43 may
assume that a Covered Employee has been cleared by Subscriber if Mark43 does not receive an
adverse response from Subscriber within thirty(30)days of a submission of a background check
request.
8. REPRESENTATIONS AND WARRANTIES.
8.1 Power and Authority. Each party represents and warrants that it has the full right, power and
authority to enter into this Agreement and to discharge its obligations hereunder and that the person
signing this Agreement on behalf of the party has the authority to bind that party. Subscriber
represents and warrants that it has obtained,and shall have,all necessary approvals,consents,and
authorizations necessary for procurement under this Agreement and that its obligations under this
Agreement do not, and shall not, exceed any budget authority limitations, during the Term of this
Agreement.
8.2 Sole Source Procurement. Subscriber represents that it has complied with all state and local laws
related to this sole source award to Mark43. In addition, Subscriber represents that it has followed
all sole source procedures, including any applicable public notice requirements, related to the award
of this Agreement.
8.3 Services Warranty.
(a) Mark43 represents and warrants that the Applications and SaaS Services will be made available
to Subscriber in accordance in all material respects with the Documentation. Subscriber's sole
remedy and Mark43's sole obligation with respect to a breach of the foregoing warranty is for
Mark43, through the Support Services, to use commercially reasonable efforts to remedy the
breach within a commercially reasonable amount of time.
(b) Mark43 represents and warrants that the Professional Services will be provided in a professional
manner and that for a period of thirty(30)days from Go Live (the"Warranty Period"), the Work
Product will operate in material accordance with the specifications provided by Mark43 or
otherwise agreed between the parties in writing (including in the applicable Statement of Work).
Subscriber's sole remedy and Mark43's sole obligation with respect to a breach of the foregoing
warranty is for Mark43 to use commercially reasonable efforts to work with Subscriber to resolve
the issue causing such breach within a commercially reasonable amount of time. After the
Warranty Period, if Subscriber experiences any issue with the Work Product, the parties must
enter into a new Statement of Work to address such issues at Mark43's then-current Professional
Services pricing. For clarity, Mark43's Support Services do not apply to or provide support for
any Professional Services or Work Product.
8.4 Disclaimer. USE OF THE APPLICATIONS IS NOT, AND IS NOT INTENDED TO BE, A
SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF AUTHORIZED PARTIES, INCLUDING
DISPATCHERS,LAW ENFORCEMENT OFFICERS,INVESTIGATORS OR FIRST RESPONDERS.
THE APPLICATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND THE
DATA PROVIDED BY MARK43 THEREIN(INCLUDING ANY THIRD-PARTY DATA)SHOULD NOT
REPLACE OTHER EMERGENCY INFORMATION AND SHOULD NOT BE EXCLUSIVELY RELIED-
UPON IN AN EMERGENCY SCENARIO. SUBSCRIBER SHALL BE RESPONSIBLE FOR ALL ITS
OWN ACTIONS OR FAILURE TO ACT IN CONNECTION WITH THE APPLICATIONS, INCLUDING
WITH RESPECT TO COMPLIANCE WITH APPLICABLE LAWS, AND MARK43 ASSUMES NO
RESPONSIBILITY OR RISK FOR SUBSCRIBER'S USE OR MISUSE OF, OR FAILURE TO USE,
THE INFORMATION PROVIDED THROUGH THE APPLICATIONS. SUBSCRIBER
ACKNOWLEDGES THAT THE APPLICATIONS DO NOT PROVIDE LEGAL ADVICE.
EXCEPT FOR THE LIMITED WARRANTIES PROVIDED BY MARK43 IN SECTIONS 8.1 AND 8.3,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARK43 MAKES NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
APPLICATION. MARK43 DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE
7
OR UNINTERRUPTED OR THAT SUBSCRIBER DATA WILL BE SECURE OR NOT LOST OR
DAMAGED. THE LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE
WARRANTIES PROVIDED TO SUBSCRIBER IN CONNECTION WITH THE PROVISION OF THE
SERVICES. MARK43 SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE
FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC
COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE ITS REASONABLE CONTROL,
INCLUDING ANY HARM OR DAMAGES CAUSED BY ITS HOSTING PROVIDERS. MARK43
MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY
THIRD-PARTY DATA, THIRD-PARTY COMPONENT, INTEGRATED APPLICATION, OR ON
BEHALF OF ANY INTEGRATED APPLICATION PROVIDER.
9. LIMITATION OF LIABILITY.
9.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
MARK43'S (OR MARK43'S THIRD-PARTY LICENSORS') TOTAL AND AGGREGATE LIABILITY
ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR
OTHERWISE, EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY SUBSCRIBER TO
MARK43 PURSUANT TO THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD
IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ARISES. THE FOREGOING
LIMITATION IS CUMULATIVE, WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES BEING
AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT,AND THE EXISTENCE OF ONE
OR MORE CLAIMS WILL NOT ENLARGE THAT LIMIT.
9.2 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL, PERSONAL INJURY OR PROPERTY DAMAGES,
HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF
DATA RECONSTRUCTION OR COST OR PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES,WHETHER IN CONTRACT,TORT OR OTHERWISE,ARISING OUT OF OR RELATED
TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE
THE SERVICES, SOFTWARE OR PROFESSIONAL SERVICES, ANY INTERRUPTION,
INACCURACY, ERROR OR OMISSION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE
BEING SOUGHT OR SUCH PARTY'S LICENSORS OR SUBCONTRACTORS HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
9.3 Exceptions. NOTWITHSTANDING THE FOREGOING,THE EXCLUSIONS AND LIMITATIONS OF
LIABILITY SET FORTH IN SECTION 9.1 AND SECTION 9.2 SHALL NOT APPLY TO DAMAGES
ARISING FROM EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT OR
EITHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
10. INDEMNIFICATION.
10.1 Indemnification by Mark43. Mark43 shall indemnify Subscriber, and its employees, officers, and
directors against any third-party claim alleging that Subscriber's use of the Services in the form
provided by Mark43 and when used in accordance with the Documentation and in compliance with
this Agreement infringes that third party's U.S.copyright,U.S. patent issued as of the Effective Date,
or U.S. trademark, and shall pay the amount of any adverse final judgment or settlement to which
Mark43 consents.Mark43 shall have no obligation or liability under this Section 10.1 (Indemnification
by Mark43)to the extent the third party claim arises from: (a) Subscriber's or its Affiliates'failure to
incorporate a software or other update or upgrade made available by Mark43 that would have
avoided the alleged infringement; (b) modification of the Services, any Application, Software or
Hardware by anyone other than Mark43; (c) specifications, instructions, features, functions or
designs or other elements provided by or requested by Subscriber or its Affiliates; (d) use of the
Services, any Application or Software in combination with any other product, service, process or
material not provided by Mark43 (including, without limitation, Integrated Applications, Third-Party
Data and Subscriber Data); or(e) use of the Services, any Application or Software in a manner not
contemplated by this Agreement. If the Services are (or Mark43 believes are likely to become)the
subject of a claim for which Mark43 would be obligated to defend and indemnify pursuant to this
Section, then Mark43 may, at its sole option, obtain for Subscriber the right to continue use of the
Services or replace or modify the Services, as applicable, provided there is no material loss of
functionality. If neither of the foregoing options is reasonably available to Mark43, in its judgment,
then use of the Services may be terminated at the option of Mark43 and Mark43's sole liability will
be to refund any prepaid fees for the Services applicable to periods following the effective date of
termination. The remedies provided in this Section 10.1 (Indemnification by Mark43), are
8
Subscriber's sole and exclusive remedies for any third-party claims of infringement or
misappropriation of Intellectual Property Rights by the Services.
10.2 Indemnification by Subscriber. To the extent consistent with Applicable Law, Subscriber shall
indemnify Mark43, its Affiliates, and their respective employees, officers, and directors against any
third-party claim arising out of or related to (a) Subscriber's breach of Section 2.5 (Restrictions on
Use), Section 2.6 (Security Obligations) or Section 3.2 (Ownership and Reservation of Rights to
Mark43 Intellectual Property); (b) Integrated Applications or Subscriber Data, including any third-
party claim alleging that Subscriber Data infringes or misappropriate the rights of a third party or
violates any Applicable Law, and shall pay the amount of any adverse final judgment or settlement
to which Subscriber consents; and (c) Mark43's disabling a connection to an Integrated Application
at Subscriber's request.
10.3 Procedures. Each party shall give the other party prompt notice of any claim to which an
indemnification obligation under this Section 10 (Indemnification) may apply and shall reasonably
cooperate with the indemnifying party,at its expense, in the defense or settlement of any claim. An
indemnifying party's payment obligations under this Section 10 (Indemnification)will be diminished
to the extent that it is materially prejudiced by the indemnified party's non-compliance with the
foregoing procedures, provided that such indemnifying party shall use commercially reasonable
efforts to mitigate any such prejudice.
11. MISCELLANEOUS.
11.1 Piggybacking. The parties hereto agree that this Agreement may be referenced to support
purchases made within thirty-six(36)months of the Effective Date by other local government entities
within the state of Florida. Such purchases will be made pursuant to a direct contract by the local
government entity and Mark43 upon substantially similar terms and conditions as those set forth
herein; pricing for the Services shall be determined on a case-by-case basis subject to the volume
and scope of the Services being requested by the relevant government entity.
11.2 Notices. Unless otherwise specified herein, all notices and other communications between the
parties required or permitted by this Agreement or by Applicable Law,will be deemed properly given,
if given by (i) personal service, (ii) registered or certified mail, postage prepaid, return receipt
requested, or (iii) nationally recognized private courier service, to the respective addresses of the
parties set forth below or such other addresses as the respective parties may designate by like notice
from time to time. Notices so given will be effective upon (a) receipt by the party to which notice is
given;or(b)on the fifth(5th)business day following mailing,whichever occurs first:
If to Mark43: If to Subscriber:
Mark43, Inc. City of Boynton Beach
250 Hudson Street 100 E Ocean Ave,
3rd Floor Boynton Beach, FL 33435
New York, NY 10013 Attn: Daniel Dugger, City Manager
Attn: CFO Email: DuggerD@bbfl.us
Email: steve.salberta@mark43.com
Copy to: Copy to:
Mark43, Inc. City Attorney
250 Hudson Street Goren, Cherof, Doody & Ezrol, P.A.
3rd Floor 3099 E. Commercial Blvd., Suite 200
New York, NY 10013 Fort Lauderdale, FL 33308
Attn: General Counsel Attn: Michael D. Cirullo, Jr., Esquire
Email: contractnotices@mark43.com Email mcirullo@gorencherof.com
11.3 Assignment. Neither party may assign or otherwise transfer any of its rights or obligations under
this Agreement without the prior, written consent of the other party;provided, however, that a party
may,without the consent of the other party,assign or otherwise transfer this Agreement to any of its
Affiliates or to an entity with or into which it is merged or consolidated or to which it sells its stock or
other equity interests or all or substantially all of its assets. Any assignment or other transfer in
violation of this section will be null and void. Subject to the foregoing,this Agreement will be binding
upon and inure to the benefit of the parties hereto and their permitted successors and assigns.
9
11.4 Governing Law. This Agreement will be governed by the internal laws of the State of Florida, and
any disputes between the parties may be resolved in a state or federal court of competent jurisdiction
within such state, and where practicable, within Palm Beach County, Florida. EACH PARTY
HEREBY WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR
LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT.
11.5 Dispute Resolution. Prior to the initiation of any legal proceeding other than one for equitable relief
as described in subsection(d)below,the parties shall first attempt to resolve their dispute informally,
as follows:
(a) Within five(5)business days following the written request of a party,designated individual(s)from
Mark43 and Subscriber shall meet to resolve such dispute.
(b) The representatives referred to in paragraph (a) shall meet as often as the parties reasonably
deem necessary in order to gather and furnish to the other all information with respect to the
matter at issue that the parties believe to be appropriate and germane in connection with its
resolution. The representatives shall discuss the problem and negotiate in good faith in an effort
to resolve the dispute without the necessity of formal legal proceedings. The specified format for
the discussions will be left to the discretion of the designated representatives, but may include
the preparation of agreed upon statements of fact or written statements of position.
(c) If the representatives referred to in paragraph (a)above are unable to resolve the dispute within
thirty(30)business days after the dispute is escalated to them,then either party may escalate the
dispute to the Chief Operating Officer of Mark43 and the Chief or Sheriff or comparable Subscriber
official,for their review and resolution.
(d) The provisions of this Section 11.4 shall not be construed to prevent a party from instituting, and
a party is authorized to institute,judicial or other proceedings either to(i)seek injunctive relief or
(ii)avoid the expiration of any applicable legal or contractual limitations period.
11.6 Force Majeure. Except with respect to failure to pay any amount due under this Agreement,
nonperformance of either party will be excused to the extent that performance is rendered impossible
by strike, fire, flood, governmental acts that are not caused by or within the control of the
nonperforming party, orders or restrictions,failure of suppliers, or any other reason where failure to
perform is beyond the control and not caused by the negligence of the non-performing party.
11.7 No Waiver. The failure of either party to enforce at any time for any period any provision hereof will
not be construed to be a waiver of such provision or of the right of such party thereafter to enforce
each such provision,nor shall any single or partial exercise of any right or remedy hereunder preclude
any other or further exercise thereof or the exercise of any other right or remedy. No waiver of any
rights is to be charged against any party unless such waiver is in writing signed by an authorized
representative of the party so charged.
11.8 Amendment. No modification, change or amendment to this Agreement shall be effective unless in
writing signed by Subscriber and Mark43. No term included in any invoice, estimate, confirmation,
acceptance, purchase order or any other similar document in connection with this Agreement will be
effective unless expressly stated otherwise in a separate writing signed by Subscriber and Mark43.
11.9 Relationship of the Parties. The relationship of the parties established by this Agreement is that of
independent contractors and nothing contained herein will be construed to (a)give any party any
right or authority to create or assume any obligation of any kind on behalf of any other party or
(b)constitute the parties as partners,joint ventures,co-owners or otherwise as participants in a joint
or common undertaking.
11.10 Subcontracting. Mark43 may draw on the resources of(and subcontract to)its Affiliates and third-
party contractors and subcontractors, within or outside of the United States (each, a "Mark43
Vendor")for internal, administrative and compliance purposes or in connection with the hosting or
provision of the Service and other products and services to be provided by Mark43 pursuant to this
Agreement. Subscriber agrees that Mark43 may provide information,data and materials that Mark43
receives in connection with this Agreement (including Subscriber Data) to the Mark43 Vendors for
such purposes. Mark43 shall be permitted to subcontract its obligations under this Agreement to the
Mark43 Vendors identified on Schedule E as "Subcontractors" or such other subcontractors as
approved in advance by Subscriber (each, a "Subcontractor"). Mark43 shall be responsible in
accordance with the terms of this Agreement for performance failures by such Subcontractors that
cause Mark43 to breach its obligations under this Agreement.
10
11.11 Severability. Any term or provision of this Agreement that is invalid or unenforceable in any
jurisdiction will, to the extent the economic benefits conferred thereby to the parties remain
substantially unimpaired, be ineffective to the extent of such invalidity or unenforceability without
rendering invalid or unenforceable the remaining terms and provisions or affecting the validity or
enforceability of any of such terms or provisions in any other jurisdiction.
11.12 Headings. The titles and headings contained in this Agreement are for reference purposes only and
shall not in any manner limit the construction or interpretation of this Agreement.
11.13 Counterparts. This Agreement may be executed, including by electronic signature, in two or more
counterparts, each of which shall be an original and all such counterparts together shall constitute
one and the same instrument. Electronically executed or electronically transmitted (including via
facsimile transmission)signatures have the full force and effect of original signatures.
11.14 Cumulative Remedies. All remedies for breach of this Agreement are cumulative, and may be
exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an
election of such remedy to the exclusion of other remedies.
11.15 Export Compliance. In connection with this Agreement, each party will comply with all applicable
import, re-import, export, and re-export control laws and regulations, including the Export
Administration Regulations, the International Traffic in Arms Regulations, and country-specific
economic sanctions programs implemented by the Office of Foreign Assets Control.
11.16 Compliance with Laws. Each party shall comply with all Applicable Laws relating or pertaining to
the use of the Services. Subscriber shall ensure that its use of all Subscriber Data complies with all
Applicable Laws relating to the privacy of third parties or the protection of their personal data
promulgated by any governmental, municipal, or legal authority having jurisdiction over Subscriber
or the Subscriber Data covered by this Agreement. Each party shall comply with local anti-bribery
laws as well as the U.S. Foreign Corrupt Practices Act, as well as any other Applicable Laws and
regulations. In connection with its performance under this Agreement, neither party shall directly or
indirectly: (A)offer, pay, promise to pay, or authorize the payment of any money, gift or other thing
of value to any person who is an official, agent, employee, or representative of any government or
instrumentality thereof or to any candidate for political or political party office, or to any other person
while knowing or having reason to believe that all or any portion of such money,gift or thing of value
will be offered, given, or promised, directly or indirectly, to any such official, agent, employee, or
representative of any government or political party, political party official or candidate; (B) offer,
promise or give any person working for,or engaged by,the other party a financial or other advantage
to(i)induce that person to perform improperly a relevant function or activity;or(ii)reward that person
for improper performance of a relevant function or activity;or(C)request, agree to receive or accept
any financial or other advantage as an inducement or a reward for improper performance of a relevant
function or activity in connection with this Agreement.Each party represents and warrants that it shall
be responsible for compliance with this provision by all third parties engaged by it to perform services
related to this Agreement and shall require that such third parties agree to comply with all legal
requirements required of such party under this Agreement.
11.17 Entire Agreement. This Agreement (including any and all attachments hereto) supersedes all
previous understandings, agreements and representations between the parties, written or oral
and constitutes the entire agreement and understanding between the parties with respect to the
subject matter hereof and thereof and incorporates all representations, warranties, covenants,
commitments and understandings on which they have relied in entering into this Agreement, and,
except as provided for herein, neither party makes any covenant or other commitment concerning its
future action nor does either party make any promises, representations, conditions, provisions or
terms related thereto.
11.18 Supporting Documents.
The following documents are, by this reference, expressly incorporated into this Agreement and are
collectively referred to herein as the"Supporting Documents:"
• Schedule A: Support Services
• Schedule B: Transition Assistance
• Schedule C: Third-Party Component Terms
• Schedule D: Data Processing Addendum
• Schedule E: Order Form
• Addendum
11
This Agreement and the Supporting Documents shall be construed to be mutually complementary
and supplementary whenever possible. In the event of a conflict that cannot be resolved, the
provisions of this Agreement itself shall control over any conflicting provisions in any of the Supporting
Documents.
12
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly authorized
representatives.
SUBSCRIBER
By: _
Name: Ngni tit
Title: C 1 /Vjgr, es'r
Date: 3 JJD/? -3
ATTES :
...�.
% O�-:0V, ON�e,
,,:
li,0 1.1_____:„-
.ame: ' 4.v - r
1 / iRA7f ��
�� 1
Approve as to form �I v O�pn O
67
i •
•• P
MICHAEL D.CIRULLO,CITY•I' ORNEY �� — -
13
MARK43,I
By: }.• 1►
Name: 94-A-,alt J9II _�TS
Title: CO
Date: 310 0 i 1 .
STATE OF //2AA/ /&- K )
COUNTY OF M Own 1"W.4-{ -rt )
The foregoing instrument ways acknowledged before me by means of )1-physical presence or online
notarization,this I(-.''' day of MO 1 C4 N,2023 by f-t-:,V tit /`f )f(Ii {cgs C ; C of
MARK43, INC.,a Delaware For Pro It CQrporatio0,on behalf of the company,who is personally known to me or
has produced 1,1-5.D L."`TJ 4 9)b 3t 1 i)i'identification.
Y:.
SWORN TO AND SUBSCRIBED BEFORE ME this I i day of )(CI(i, , 2023.
_/ 4 1 / 44A
Y7
NOTARY PUBLIC
Cv ,!E_41..F�.1....e
LISDETH DELEON PICHARDO
Notary Public-State of New York
E NO.01DEb390574
( Qualified in Kings County
Vd My Commission Expires Sep 30,2023
?`-:S'� C.,•>.:.!.,-,-el.,....,..,,,;.`.,.7----r.4.--,-,-.'.E"":.-4
14
SCHEDULE A
Support Services
1. Support Services.
a. Error Reporting
When reporting a failure of the SaaS Services to perform substantially in conformance with this Agreement
(an"Error"), Subscriber shall use the phone number,email address,or Mark43 Support Portal URL identified
in this Agreement(or otherwise provided to Subscriber by Mark43 from time to time, including by email)during
the hours of support set forth herein.
Subscriber personnel submitting support requests must be reasonably trained in the use and functionality of
the SaaS Services and familiar with this Agreement and, before submitting a support request to Mark43
hereunder, must use reasonable efforts to ensure a perceived Error is not due to a problem with Subscriber's
(or its other third-party providers') equipment, systems, software or connectivity or due to improper, non-
conforming or unauthorized use of the SaaS Services by or on behalf of Subscriber.
Subscriber will include with each support request, further detailed in subsection (d) below: (i) Subscriber's
initial assessment of the Response Priority (including identification of the Error and the approximate
percentage of Authorized Users impacted);(ii)sufficient information to enable Mark43 to identify and replicate
the Error;and (Hi)contact information for Subscriber personnel familiar with the Error who will be available to
Mark43 to assist with resolution of the Error on an ongoing basis until the Error is resolved.
b. Response Priority Determination
Mark43 will validate Subscriber's Response Priority designation, or notify Subscriber of its Response Priority
designation if it is different than Subscriber's. If requested, Mark43 will provide Subscriber with the basis of its
determination. In the event of a conflict regarding the appropriate Response Priority designation, each party
shall promptly escalate such conflict for resolution by the parties' management, during which time the parties
shall continue to handle the support issue in accordance with the Mark43 Response Priority designation. In
the rare case that a conflict requires a management discussion,both parties shall be available within one hour
of the escalation.
c. First Response, Resolution,and Updates
Upon notification by Subscriber of an Error in accordance with this Schedule and subject to Mark43's
identification and replication of the Error, Mark43 will respond to each case in accordance with the First
Response Times and Communication Commitments described in the charts below. First Response Time is
the period from the time the Error was logged with the Mark43 Support Team until Mark43 responds to
Subscriber(and escalates within Mark43,if appropriate).A first response is defined as a non-automatic means
where an agent will reach out to gather additional details and may not include a solution or workaround.
Because of the widely varying nature of issues, it is not possible to provide specific resolution commitments.
Actual resolution time will depend on the nature of the case and the resolution itself. Resolution methods are
defined below. A resolution may consist of a fix, workaround, delivery of information, or other commercially
reasonable solutions to the issue.
d. Subscriber's Obligations
Mark43's provision of the support services described in this Schedule is subject to Subscriber cooperating
fully and on a timely basis with reasonable requests of Mark43 for accurate information and access to
Subscriber personnel with sufficient availability and knowledge to enable Mark43 to provide the support
services, including accurate information and assistance reasonably required to detect, replicate, and correct
Errors. In the event Mark43's response, resolution, or update times are negatively impacted by delayed
responses by Subscriber personnel or Subscriber's failure to otherwise comply with its obligations under this
Schedule,timeframes will be extended.
First Response Commitment
Red Orange Yellow
15
1 hour 2 hours 8 hours
24/7 8am-8pm EST,7 days 8am-8pm EST M-F
Communication Commitment
Red Orange Yellow
Status page A status update will be n/a n/a
updates posted as soon as Mark43 is
notified and updated every
30 minutes thereafter until
resolved.
Email/phone After initial Mark43 response, After initial Mark43 response, After initial Mark43 response,
updates within 1 hour of any within 1 business day of any within 2 business days of any
additional client questions additional client questions additional client questions
about the same issue until until issue is resolved. until issue is resolved.
resolved.
Client will receive notification Client will receive notification
via email once the issue fix via email once the issue has
has been scheduled and been fixed.
again when the issue has
been fixed.
Priority Definitions
• Red-An Error due to Mark43's systems that results in the inoperability or substantial impairment of
a core function for the majority of Subscriber's Authorized Users, provided there is no feasible
workaround. Examples include:Authorized Users cannot access the Application; CAD units cannot
be dispatched; reports cannot be created.
• Orange-An Error due to Mark43's systems that results in the inoperability or substantial impairment
of a critical workflow for the majority of Subscriber's Authorized Users, provided there is no feasible
workaround. Examples include:significant lagging/slowness; inability to process persons in custody;
inability to export reports or cases for same or next day court deadlines; inability to submit reports.
• Yellow-An Error due to Mark43's systems for which a reasonable workaround is available.
• None-There are a number of low-impact issues, how-to questions,and feature requests that do not
fall into one of the categories above and are not subject to the outlined First Response or
Communication Commitments.
Issue Escalation&Resolution Methods:Subscriber-reported issues are escalated within Mark43 by a well-
defined internal process. Mark43 works to resolve issues based on the issue severity/impact, by employing
one or more of the following methods:
• Providing client with a reasonable workaround
• Adjusting system/hosting configurations or setup
• Direct database modifications
• Releasing a fix out-of-cycle(patching)
• Releasing a fix as part of the regular release cycle
• Other commercially reasonable solution
Subscriber will be notified of status changes either through Mark43's status page and/or via email updates in
a support ticket.
2. Service Level Agreement. Mark43 shall provide the Applications in accordance with the following service levels
("SLA").
a. Monthly Uptime Commitment.
16
Following Cutover to the applicable In-Scope Application, Mark43 will use commercially reasonable efforts to
make the In-Scope Application available with the Monthly Uptime Percentage corresponding to that
Application(the"Uptime Commitment"),as follows:
• RMS Application: Mark43 will use commercially reasonable efforts to achieve a Monthly Uptime
Percentage for the Mark43 RMS Application of no less than 99.90%in any calendar month.
• CAD Application: Mark43 will use commercially reasonable efforts to achieve a Monthly Uptime
Percentage for the Mark43 CAD Application of no less than 99.95%in any calendar month.
For each In-Scope Application,the"Monthly Uptime Percentage"is calculated as set forth below by
subtracting from one hundred percent(100%)the percentage of minutes during the month in which the In-
Scope Application experienced Downtime.
Monthly Uptime Percentage= (100)—((minutes of Downtime* 100)/(total minutes in month))
b. Service Credit Calculation.
Subject to the SLA Exclusions, if Mark43 does not achieve the Uptime Commitment in any given month due
to Downtime, Subscriber may be eligible for credits as described herein (the"Service Credits"),as follows:
• RMS Application: If Mark43 does not achieve the Uptime Commitment for the RMS Application,
Subscriber will (to the extent legally permitted)be eligible pursuant to the terms of this SLA to
receive a credit equal to ten(10)times the amount paid for the RMS Application in respect of the
period in which the actual RMS Downtime for the month exceeded the RMS Downtime allowable
within the Uptime Commitment, up to a maximum credit of 25%of one month's subscription fee
paid in consideration for the RMS Application, as illustrated here:
RMS Service Credit = (10)*((1/12)*annual subscription fee)*((%of Downtime)—(0.10%))
• CAD Application: If Mark43 does not achieve the Uptime Commitment for the CAD Application,
Subscriber will (to the extent legally permitted)be eligible pursuant to the terms of this SLA to
receive a credit equal to ten(10)times the amount paid for the CAD Application in respect of the
period in which the actual CAD Downtime for the month exceeded the CAD Downtime allowable
within the Uptime Commitment, up to a maximum credit of 25%of one month's subscription fee
paid in consideration for the CAD Application, as illustrated here:
CAD Service Credit = (10)* ((1/12)*annual subscription fee)*((%of Downtime)—(0.05%))
c. Requesting Service Credits.
In order to receive a Service Credit,Subscriber must notify Mark43 in writing at 250 Hudson Street, 3rd
Floor, New York, NY 10013,Attn:Accounting,with a copy to accounting@mark43.com, or such other
address provided by Mark43 from time to time,within fifteen (15)days following the end of the month in
which the Downtime occurred. Claims must include the words"SLA Credit Request"in the subject line;the
dates and times of each Downtime incident that Subscriber is claiming occurred;and any documentation to
corroborate Subscriber's claim of Downtime,ensuring removal or redaction of any confidential or sensitive
information in these logs. All claims are subject to review and verification by Mark43 prior to any Service
Credits being granted. Mark43 will acknowledge requests for Service Credits within fifteen (15)business
days of receipt and will inform Subscriber whether such claim request is approved or denied.
If Mark43 confirms that the Uptime Commitment has not been met in the applicable calendar month,
Subscriber will be issued a Service Credit within one billing cycle following the month in which Subscriber's
request is confirmed by Mark43. Subscriber's failure to provide the request and other information as
required above will disqualify Subscriber from receiving a Service Credit. Service Credits will not entitle
Subscriber to any refund or other payment from Mark43 and are non-transferable. The parties acknowledge
and agree that Service Credits are intended as genuine pre-estimates of loss that may be suffered as a
result of any failure to achieve Uptime Commitments and will not be deemed to be penalties.To the extent
legally permitted,the issuance of a Service Credit by Mark43 hereunder is Subscriber's sole and exclusive
remedy for any failure by Mark43 to satisfy the Uptime Commitment.
d. Additional Definitions.
"Downtime"with respect to any single In-Scope Application means time in which the Application is not
accessible or available to Subscriber for reasons other than those resulting directly or indirectly from an SLA
Exclusion. For the avoidance of doubt,slow performance does not constitute lack of accessibility or
availability and shall not count as Downtime, unless there is a total loss of ability for the substantial majority
17
of Authorized Users to perform any one of the In-Scope Application Features so as to constitute a total loss
of service of that Application, in each case in Mark43's reasonable discretion. The concurrent loss of service
of two or more In-Scope Application Features within the same Application will count as a single Downtime
event.At the end of each month, Mark43 adds"Downtime"periods together to calculate the overall monthly
"Downtime."
"In-Scope Application"means the web-accessible Applications identified in subsection(a)above, provided
that Subscriber has purchased a subscription for the Applications and signed a valid agreement with
Mark43. Under no circumstance shall any reference to an Application that Subscriber has not purchased a
subscription and signed an agreement for be construed to entitle Subscriber to use such Application. For
the avoidance of doubt, In-Scope Applications do not include mobile versions or Applications that are in beta
testing.
"In-Scope Application Features"means, in each case:
• For RMS Application: (i)the ability to login to the Mark43 RMS; (ii)the ability to view and edit
reports and names, property,and vehicles; (iii)the ability to view and edit cases;and (iv)the ability
to search for entities within the RMS.
• For CAD Application:(i)the ability to login to the Mark43 CAD;(ii)the ability to view/edit/clear
events; (iii)the ability to view and edit units; (iv)the ability to search for CAD tickets; and (v)the
ability to receive real-time updates when actively connected to an internet-enabled network.
"Monthly Uptime Percentage"has the meaning set forth in Section 2(a)of this SLA.
"Scheduled Maintenance"means scheduled work related to the Mark43 Application or the hosting
environment,which may cause inaccessibility or unavailability of the Mark43 Application. Except as set forth
below, Mark43 shall provide at least seven(7)days'advance notice of Scheduled Maintenance whenever
practicable, and in no circumstances less than three(3)days'advance notice. In the event that Mark43
determines it is appropriate to perform emergency work related to the Mark43 Application or emergency
work is performed related to the hosting environment, such work will be deemed Scheduled Maintenance,
provided Mark43 uses reasonable efforts under the circumstances to provide Subscriber with notice at least
twenty-four(24)hours prior to such emergency work. Notice of Scheduled Maintenance may be provided by
email and, in the case of emergency work, may also be provided by telephone. The total amount of
Scheduled Maintenance for the CAD Application shall not exceed sixty(60)minutes during any thirty(30)-
day period.
e. SLA Exclusions. The Uptime Commitment does not apply to any inaccessibility or unavailability of an
Application(the"SLA Exclusions"):
• That is not an In-Scope Application;
• That occurs prior to Cutover;
• That results from Scheduled Maintenance;
• That results from a suspension or remedial action,as described in this Agreement;
• Caused by factors outside of Mark43's reasonable control, including any force majeure event,
Internet access, or problems beyond the demarcation point of the Mark43 cloud environment;
• That results from actions or inactions of Subscriber or any third party;
• That is attributable to Subscriber's own computer equipment or devices, or failure of any software,
hardware or service not supplied by Mark43 pursuant to this Agreement, including,without
limitation, issues related to network connectivity, internet connectivity or network performance
issues at any Subscriber locations, server downtime related to connectivity issues resulting from
third-party-managed VPN access to a hosted server or Subscriber's internal network problems, or
Software(including interfaces)that is not supplied or maintained by Mark43;
• That results from any Integrated Application,Third-Party Data,or any Subscriber-provided
application or program;or
• That results from the failure by Subscriber, its Affiliates,or any Authorized User to incorporate a
Software or Services update or upgrade made available by Mark43.
18
SCHEDULE B
Transition Assistance
1. Preparation.
a. Subscriber will provide the desired cutoff date of the SaaS Services(the"Cutoff Date")to Mark43, at which
time all existing user accounts will be terminated.
b. For one(1)year following the Cutoff Date, Mark43 will provide one(1)transition account for Subscriber to
access the Applications and retrieve all Subscriber Data as further detailed below.
2. Content.
a. Upon Subscriber's request, Mark43 will deliver and make available Subscriber Data to Subscriber within four
(4)weeks of the Cutoff Date. Subscriber Data will be delivered as follows:
• Searchable PDFs: Mark43 will create searchable PDFs of each record (each,a"Record")and provide
them to the Subscriber for download. Subscriber may request, and Mark43 will consider,other formats
in which to create the Records, but the final format of all Records will be determined in Mark43's sole
discretion. Records can be uploaded to Subscriber's new system by the Subscriber or its new vendor.
• Database Export:Subscriber Data will be provided to Subscriber as an export of Mark43's Microsoft
SQL Server Data Lake database.To use the data, Subscriber will need to have access to its own
Microsoft SQL Server database.
• Document/File Export: Documents/file attachments stored within the Mark43 system will be provided to
the Subscriber in a zipped folder.Within the folder the Subscriber will find all files with a unique ID
appended to the filename.A csv file will be provided to relate the unique file ID with the attached entity
type and Mark43 ID.
b. If files are too large for practical internet transmission, an encrypted hard drive will be provided.
3. Support.
a. Mark43 will maintain Subscriber Data in the Mark43 Applications for up to one(1)year following the Cutoff
Date.
b. Mark43 will resolve any issues it deems to be the result of errors in the Mark43 platform or export process
for a period of six(6)months after the Cutoff Date.
c. No less than two(2)years after the Cutoff Date, Mark43 will delete Subscriber Data from all Mark43 online
systems(e.g. primary database, replica databases,search databases,application caches, etc.)other than
database backups,audit logs and server system logs.
d. Within six(6)months from the date of deletion of Subscriber Data from all Mark43 online systems, all
Subscriber Data will be erased from database backups.
e. Notwithstanding the foregoing, Mark43 reserves the right to retain Subscriber Data on audit logs and server
system logs and in support tickets, support requests and direct communications with Mark43.
4. Additional Services.
a. Ongoing Web Access: Subscriber may elect to purchase a read-only tenant of the Mark43 system.This
service enables Subscriber to utilize a single user log-in to view and access data entered into the Mark43
system up to the date of termination or expiration of this Agreement. Under this service, Subscriber will not
have permission to change, modify or update any Subscriber Data.
b. Additional Professional Services: If the Subscriber requires additional Professional Services,these will be
billed according to the current market rate for such Services.
5. Fees. In the event that any Fees have not been paid as required under this Agreement, Mark43 may decline to
provide the support outlined in this Schedule B until such Fees are paid in full.
19
SCHEDULE C
Third-Party Component Terms
Google: Users are bound by the Google Maps/Google Earth Additional Terms of Service(including the Google
Privacy Policy), available by following these links:
Google Maps Terms: https://maps.google.com/help/terms maps.html
Google Privacy Policy: https://policies.google.com/privacy?hl=en&ql=us
Acceptable Use: https://enterprise.google.com/maps/terms/universal aup.html
Esri: Users are bound by the following Esri Terms of Service:
To the extent permitted by applicable law, Environmental Systems Research Institute, Inc. ("Esri")and its
licensors disclaim liability for any damages or loss of any kind,whether direct,special, indirect, incidental,or
consequential,arising from the use of Esri's solution ("Esri Solution")including, but not limited to, liability for use of
the Esri Solution in high-risk activities or liability related to any data supplied by Esri.
In the event of any termination of the Agreement,the end user of the Esri Solution ("User")shall (i)cease
access and use of the Esri Solution and any data supplied by Esri,and (ii)clear any client-side data cache derived
from the Esri Solution or any data supplied by Esri.
User will comply with all relevant export laws and regulations of the United States with respect to the Esri
Solution, including, but not limited to,the Export Administration Regulations(EAR), International Traffic in Arms
Regulations(ITAR);and the United States Department of Treasury, Office of Foreign Assets Control (OFAC)
regulations, and User will not export, reexport,transfer,divert, use,or access,directly or indirectly,the Esri Solution
in violation of any United States export laws and regulations.
User will provide Esri with information about User's export and distribution activities as may be required for
Esri to meet its obligations under the United States export control laws and regulations.
User shall not remove or obscure any patent,copyright,trademark, proprietary rights notices, or legends
contained in or affixed to the Esri Solution or any Esri materials,output, metadata file,or online or hard-copy
attribution page of any data supplied by Esri.
Esri and its licensors disclaim all terms in any"click-through"agreements included with the Esri Solution.
Esri and its licensors do not warrant that the Esri Solution or any data or materials supplied by Esri will meet User's
needs or expectations;that the use thereof will be uninterrupted;or that all nonconformities can or will be corrected.
Esri and its licensors are not inviting reliance on data in the Esri Solution,and User should always verify actual data
in the Esri Solution.Any warranty offered by Mark43 for Mark43's solution the Services shall only apply between
Mark43 and User. Esri does not offer any warranties or indemnities to User for the Esri Solution.
User shall not use the Esri Solution for any revenue-generating activities.The Esri Solution is for the internal
use of User only.
User shall not use the Esri Solution independently from the Mark43 solution or in any other product or
service.
User shall not store,cache, use, upload,distribute,or sublicense content provided through the Esri Solution
in violation of Esri's or a third-party's rights, including intellectual property rights, privacy rights, nondiscrimination
laws, export laws,or any other applicable law or regulation.
User's login credentials for the Esri Solution are for User only and may not be shared with other individuals."
20
Amazon:
Universal Service Terms: https://aws.amazon.com/service-terms/
Acceptable Use: https://aws.amazon.com/aup/
AuthO(if elected):
Acceptable Use: https://cdn.auth0.com/website/legal/files/aup-19.pdf
RapidSOS(if elected): Subscriber must sign up and accept the terms contained within the following link:
https://info.rapidsos.com/rapidsos-integrations-signup
CommSys(if elected):
CommSys, Inc.,an Ohio corporation("CommSys")is the owner of certain components of the SaaS Services licensed
to Subscriber and your Authorized Users(collectively,"you")by Mark43, Inc. ("VAR")under an agreement between
you and VAR(the"SLSA Agreement").
As a condition to the grant to you under the SLSA Agreement of a sublicense to use the CommSys Products(as
defined below),and in addition to the restrictions on the scope and use of the license grants contained in the SLSA
Agreement, CommSys requires that all users agree that the CommSys Products are subject to the restrictions,terms
and conditions set forth herein(the"CommSys Terms and Conditions"). In the event of any inconsistency or conflict
between these CommSys Terms and Conditions and the terms of the SLSA Agreement,these CommSys Terms and
Conditions shall govern with respect to your use of the CommSys Products.
"CommSys Products"shall mean all products and programs of CommSys and all documentation related thereto,
whether referred to as"software","firmware"or otherwise,wherever resident on any media, and whether separately
licensed,furnished as a part of equipment, or provided as a result of software services, and further may include
programs and related documentation that are owned by third parties and distributed by CommSys under license from
the owner thereof.
Your use of the CommSys Products pursuant to the SLSA Agreement is subject to your strict compliance with the
following CommSys Terms and Conditions:
(a) All rights to use the CommSys Products are non-exclusive, non-transferable, and non-sublicensable, and
shall terminate automatically upon your failure to comply with any of the CommSys Terms and Conditions.You shall
have no title to,or otherwise obtain any rights or interests in the CommSys Products other than the limited sublicense
to use such CommSys Products in accordance with the SLSA Agreement.
(b) All confidential, proprietary,or trade secret information associated with the CommSys Products, including,
but not limited to,all software programs,object code,source code, products, research,technical knowledge,
specifications, and other data, is the confidential and proprietary information of CommSys(collectively, "Confidential
Information"), and you shall abide by and maintain, and not remove,deface, or destroy, any proprietary markings on
any of the CommSys Products or Confidential Information.
(c) You may not make any copies of the CommSys Products or Confidential Information. You may use the
CommSys Products only for the purposes of and strictly in accordance with the provisions of the SLSA Agreement
(as it pertains to the CommSys Products)and the CommSys Terms and Conditions, and you shall not otherwise use,
disclose,convey,disseminate,transfer,or assign any of the CommSys Products or Confidential Information.
(d) You may not: (i)sell, resell, or distribute the CommSys Products on a stand-alone basis, or other than as
integrated in the SaaS Services; (ii)allow the CommSys Products to be used in conjunction with or launched from
within any other product; (iii)re-brand, bundle,or re-label the CommSys Products, or use in any manner the
CommSys Products with any other software or products; or(iv)use the CommSys Products for internal or third party
production purposes or development of products or in violation of law.
(e) You shall promptly notify VAR of any actual or suspected use, disclosure, infringement, misappropriation,or
unauthorized access of or to the CommSys Products or Confidential Information and shall provide reasonable
assistance in the investigation and prosecution of such uses or disclosures.
21
(f) You shall destroy all CommSys Products and Confidential Information if: (i)you cease to use the CommSys
Products; (ii)the SLSA Agreement terminates; or(iii)your rights to use the CommSys Products is terminated.
(g) You shall not, directly or indirectly, nor cause or allow any other Person to: (i)modify or translate into any
other format or language any portion of the CommSys Products or Confidential Information; (ii)use any Confidential
Information to create any item which is substantially similar to,competitive with,or performs the functions of any of
the CommSys Products; (iii)reverse engineer,disassemble,decompile, or otherwise attempt to derive the source
code for or other Confidential Information with respect to,any of the CommSys Products or Confidential Information;
or(iv)modify,copy, reproduce, manufacture,adapt,create derivative works of,translate, localize,or port any of the
CommSys Products or the Confidential Information, or allow any employee, representative, consultant,agent,or
other third party to engage in such conduct.
(h) You agree that any item resulting from any actions under(g)above shall be the sole and exclusive property
of CommSys. You agree that all of the CommSys Products and Confidential Information are highly valuable to
CommSys,and that any breach of the CommSys Terms and Conditions would severely damage CommSys,the
extent of which damage would be difficult to ascertain, and therefore you agree that CommSys is a third party
beneficiary of the SLSA Agreement and in such capacity is entitled to seek, among other remedies, immediate
injunctive and other equitable relief for any such breach.
(i) Your right to use the CommSys Products shall terminate,and all use of the CommSys Products shall
immediately cease: (A)upon the termination of the License Agreement; (B)in the event you cease to use the
CommSys Products;or(C)in the event of a breach by you of any of these terms and conditions.
(j) You agree that no relationship of any kind other than that of licensor and licensee is created between you
and CommSys, and that neither you nor CommSys will represent or hold out to be an agent, representative,
employee, partner, or joint venture of the other, no shall you or CommSys transact any business in the name of the
other party nor on the other party's behalf, nor in any manner or form, make promises, representations,or warranties,
or incur any liability for or on behalf of the other party.
(k) You may not assign any of your rights or obligations with respect to the CommSys Products or with respect
to these CommSys Terms and Conditions.
ALL COMMSYS PRODUCTS ARE PROVIDED TO YOU"AS IS",AND NEITHER COMMSYS NOR VAR MAKES,
AND COMMSYS AND VAR EACH EXPRESSLY DISCLAIMS,ANY EXPRESS OR IMPLIED WARRANTIES WITH
RESPECT TO THE COMMSYS PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM A
COURSE OF DEALING, USAGE OR TRADE PRACTICE,AND FURTHER PROVIDED THAT NEITHER COMMSYS
NOR VAR MAKES ANY REPRESENTATIONS OR WARRANTIES, OR ASSUMES ANY LIABILITIES,WITH
RESPECT TO ANY THIRD PARTY PROGRAMS OR APPLICATIONS. IN NO EVENT SHALL COMMSYS OR VAR
BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES OF ANY KIND
WHATSOEVER, INCLUDING,WITHOUT LIMITATION, LOSSES OR DAMAGES ARISING OUT OF CLAIMS FOR
LOSS OF BUSINESS, GOODWILL, DATA OR PROFITS, OR ARISING OUT OF CLAIMS FOR TORT, UNDER
STATUTE, BREACH OF WARRANTY OR CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED
IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
22
SCHEDULE D
Data Processing Addendum
1. Definitions. For purposes of this this Data Processing Addendum("DPA"),"Subprocessor"means a
Mark43 Affiliate or other third party engaged by Mark43 for the purpose of hosting,storing or otherwise
processing Subscriber Data as authorized by this Agreement or otherwise in writing by Subscriber. Terms
not otherwise defined in this DPA have the meaning set out in this Agreement.
2. Subscriber Data. The obligations in this Schedule apply to Subscriber Data in the custody or control of
Mark43 and its Subprocessors. They do not apply to Subscriber Data in the custody or control of any other
party, including Subscriber Data under Subscriber's custody or control outside of the Services or Subscriber
Data maintained by an Integrated Application Provider or transmitted or accessed on or through an
Integrated Application.
3. Disclosure. Mark43 will not disclose Subscriber Data to any third party except: (i)to Authorized Users; (ii)
as permitted under this Agreement; (iii)to its Subprocessors, provided that each Subprocessor agrees to
protect Subscriber Data in a manner substantially in accordance with this DPA; or as provided by this DPA
with respect to any Disclosure Request. Notwithstanding the foregoing or anything in this DPA to the
contrary, Subscriber acknowledges and agrees that(a)Mark43 utilizes major providers of cloud-based
services for processing certain Subscriber Data through the Services(each,a"Cloud Provider"), (b)each
Cloud Provider has its own data protection practices that are applicable to its delivery of services to its
customers,and(c)Cloud Providers will not agree to separate data protection practices on a customer-by-
customer basis;therefore,Cloud Providers will not be required to comply with the obligations in this DPA to
the extent that they are inconsistent with each Cloud Provider's own data protection practices, but Mark43
will use reasonable efforts to assess that each Cloud Provider complies with its own data protection
practices,which may include periodic examination of SOC 2 reports or comparable reports made available
by Cloud Provider.
4. Information Security Program. Mark43 will implement and maintain a written information security program
that contains reasonable administrative,technical and physical safeguards intended to protect Subscriber
Data from unauthorized access,disclosure, use, modification, loss or destruction.
5. Access. Mark43 will maintain appropriate access controls to Subscriber Data, including limiting access to
Subscriber Data only to personnel who require such access in order for Mark43 to provide Services to
Subscriber or to otherwise exercise Mark43's rights or perform Mark43's obligations under this Agreement.
Mark43 will require its personnel to protect Subscriber Data in accordance with the requirements of this DPA
and will provide its personnel with appropriate information security training.
6. Information Security.
a. Mark43 maintains its information security program and applicable safeguards at all Mark43 sites at
which an information system that stores or otherwise processes Subscriber Data is located.
b. Mark43 maintains network security using commercially available equipment and industry standard
techniques, including firewalls, router access control lists, intrusion detection and/or prevention
systems, penetration testing,vulnerability scanning,and patch management tools.
c. Mark43 will encrypt, using industry-standard encryption tools, all Subscriber Data that Mark43: (i)
transmits or sends wirelessly or across public networks; (ii)stores on laptops or removable storage
media;and (iii)stores on portable devices. Mark43 will safeguard the confidentiality and availability
of all encryption keys associated with encrypted Subscriber Data.
d. Mark43 installs and maintains endpoint security measures such as anti-virus and malware
protection software intended to protect Subscriber Data from malicious code.
e. Mark43 undertakes appropriate logging and monitoring to enable recording of information security-
related actions and identification of anomalous events.
f. Mark43 develops software used to deliver the Services in accordance with secure software
development principles.
7. Security Incident Management. Unless otherwise prohibited by law, Mark43 will notify Subscriber
promptly(and in any event within seventy-two(72)hours)in the event Mark43 reasonably believes that
there has been any unauthorized access, acquisition, disclosure, use, modification, loss or destruction of
Subscriber Data ("Security Incident"). Mark43 will promptly investigate the Security Incident,will take
necessary steps to eliminate or contain the exposure of Subscriber Data, and will keep Subscriber informed
of the status of the Security Incident. Mark43 will provide reasonable assistance and cooperation requested
23
by Subscriber or Subscriber's designated representatives to correct, remediate, or investigate the Security
Incident or to mitigate potential damage resulting from it, including any notification that Subscriber may
determine appropriate to send to affected individuals, regulators or third parties.
8. Business Continuity. Mark43 implements appropriate disaster recovery and business continuity plans and
reviews and updates such plans regularly. Back-up copies of critical business information and software are
created regularly and tested to verify their integrity.
9. Audits. Upon Subscriber's request, Mark43 will make available to Subscriber up to once per year a copy of
a third-party assessment,such as a SOC 2 report or comparable report("Third-Party Report"), if Mark43
has obtained such a Third-Party Report for the Services; or if Mark43 has not obtained a Third-Party Report
for the Services, Subscriber may provide to Mark43 a security assessment questionnaire related to the
Services,which Mark43 will accurately and promptly complete. Such a questionnaire must be reasonable in
scope and may include questions seeking verification of compliance with the terms and conditions of this
DPA. All Third-Party Reports or information accessed by or otherwise disclosed to Subscriber in connection
with any such review will be considered Confidential Information of Mark43.
10. Return/Disposal. Upon termination or expiration of this Agreement, Mark43 will cease handling Subscriber
Data and will take reasonable steps to return or destroy Subscriber Data according to the timeframes set out
in Schedule B of this Agreement. If Mark43 has any legal obligation to retain Subscriber Data beyond the
periods otherwise specified by Schedule B, Mark43 will notify Subscriber in writing of that obligation,to the
extent permitted by applicable law,and will return or destroy the Subscriber Data in accordance with this
DPA as soon as possible after that legally required retention period has ended. If Mark43 disposes of any
paper,electronic or other record containing Subscriber Data, Mark43 will take all reasonable steps to do so
by: (a)shredding; (b)permanently erasing and deleting; (c)degaussing; or(d)otherwise modifying
Subscriber Data in such records to make it unreadable, unreconstructable and indecipherable.
11. Location of Subscriber Data. Subscriber Data stored or transmitted through the SaaS Services in
Subscriber's user accounts shall be hosted by a Cloud Provider in the United States.
24
SCHEDULE E
Order Form
1. Services. The Services covered by this Agreement consist of the following:
SaaS Services with respect to the following Applications: Computer Aided Dispatch(CAD); Records
Management System, including Case Management, Property and Evidence(RMS); and Analytics.
Professional Services as detailed in the Statement of Work.
2. Subcontractors. CommSys, Inc.
3. Initial Term. The Initial Term is the period commencing on the Effective Date and ending on October 2,2028.
4. Renewal Terms. Any Renewal Terms shall be for a period of one(1)year.
5. Fees. For the Initial Term,the following Fees will apply:
Recurring Fees:
Mark43 SaaS Services Recurring
Fees Qty(if applicable) List Price Price to Subscriber
DLK 1: Data Lake-Base Not to Exceed 1 instance $10,000.00 $10,000.00
ANA 1:Analytics BI Suite Viewer Not to Exceed 10 licenses $1,350.00 $1,350.00
ANA 2:Analytics BI Suite Explorer Not to Exceed 5 licenses $2,400.00 $2,372.00
RMS 1: RMS Core Not to Exceed 162 total sworn $145,800.00 $109,350.00
RMS 2: RMS Case Management
Module Not to Exceed 162 total sworn $46,980.00 $32,886.00
RMS 3: RMS Property and
Evidence Management Module Not to Exceed 162 total sworn $64,800.00 $48,600.00
CAD 1: CAD Dispatcher/Call- Not to Exceed 22 call-takers/
Taker dispatcher(s) $79,200.00 $55,440.00
CAD 2: LE First Responder Not to Exceed 162 total sworn $97,200.00 $52,002.00
Not to Exceed 164
CAD 3: Fire First Responder responder(s) $98,400.00 $24,600.00
(Subtotal Mark43 SaaS Services ' $546,130.00 a$336,600.00
Mark43 Professional Services
Recurring Fees Qty(if applicable) List Price Price to Subscriber
Support&Maintenance-
Interfaces Included $0.00 $0.00
Success Package-Bronze Included $5,000.00 $0.00
tripmairmtwommtimr-
Subtotal-Mark43 Professional Services 5,000.00:
25
Partner Professional Services
Recurring Fees Qty(if applicable) List Price Price to Subscriber
Site License, not to exceed
PAR 6: ConnectClC State Only 162 total sworn $5,577.00 $5,577.00
Subtotal-Partner Professional Services r $5,577.00 $5,577.00
Initial Term Recurring Fees $556,707.00 $342,177.00*
*For the avoidance of doubt,this is the recurring fee that will serve as the baseline for the recurring fees to be
charged during any Renewal Term. Additional increases may be applied at any time during the Initial Term if
required quantities increase. Mark43 will notify Subscriber of any changes to the fees for any Renewal Term at
least forty-five(45)days prior to the start of the Renewal Term.
One-Time Fees:
Qty(if Price to
Mark43 Professional Services—One-Time Fees applicable) List Price Subscriber
Implementation Tenant: provisioning environments for
configuration,testing,and training during the
implementation period N/A $336,600.00 $336,600.00
IMP-CORE-RMS-1: RMS Core 1 Implementation 1 $54,600.00 $46,410.00
IMP-CORE-RMS-1: CAD Core 1 Implementation 1 $54,600.00 $46,410.00
IMPL-ADD-RMS 1P: Implementation Services for Reports 1 $50,000.00 $50,000.00
Writing Module
•
IMPL-ADD-CAD 1: Implementation Services for CAD 1 $40,000.00 $24,000.00
Fire/EMS
IMPL-ADD-RMS 2S: Implementation Services for Case 1 $6,000.00 $5,250.00
Management Module
IMPL-ADD-RMS 3P: Implementation Services for 1 $10,000.00 $7,500.00
Evidence Module
Additional Services: Go-Live Support(T&M) 12 days $24,000.00 $19,200.00
TRN 0: Mark43 Training Credits 80 credits $44,000.00 $35,200.00
PAR: CommSys Implementation 1 $1,040.00 $1,040.00
Level 0 Interface Development 6 interfaces $0.00 $0.00
Level 1 Interface Development 2 interfaces $14,000.00 $8,750.00
•
Level 2 Interface Development 3 interfaces $30,000.00 $18,000.00
721111111111 " 111
tal-Professional Services 665,040. 98,360
Total One-Time Fees $665,040.00 $598,360.00
26
6. Payment Schedule.
a. Initial Term: Subscriber will pay the Fees detailed in Section 5 above according to the following schedule
during the Initial Term.
Details of Payments and Due Dates Amount Due
Payment due according to the following schedule: $631,217.99
-Effective Date $300,000.00
-Due on October 3, 2023 $216,924.00
-Cutover/Go-Live $114,293.99
Payment due on October 3,2024. $330,000.00
Payment due on October 3,2025. $330,000.00
Payment due on October 3,2026. $330,000.00
Payment due on October 3,2027. $330,000.00
Payment due on October 2,2028. $100,000.00
TOTAL PAYMENTS OVER INITIAL TERM $2,051,217.99'
b. Renewal Term: Fees for any Renewal Term will be paid in full in advance on the first day of the Renewal
Term.
' The Fees due pursuant to this Payment Schedule include a special offer in the value of$84,150.00 in waived
Recurring Fees, applied during the Initial Term.
27
ADDENDUM TO SOFTWARE LICENSE AND SERVICES
AGREEMENT
THIS ADDENDUM ("Addendum"), is dated March 10 , 2023, and is
entered into by and between:
THE CITY OF BOYNTON BEACH, a municipal corporation
organized and existing under the laws of the State of Florida,
hereinafter referred to as "CITY,"
and
MARK43, INC.,a Delaware for-profit corporation ("VENDOR").
The CITY and VENDOR shall be collectively referred to herein as
the "Parties" and individually as a"Party."
WHEREAS, the CITY desires to utilize the services of the VENDOR related to the
Software License and Services Agreement to provide SaaS Services and Professional Services
in connection therewith, as more particularly described in VENDOR's Software License and
Services Agreement to which this Addendum is attached; and,
WHEREAS, the Parties wish to incorporate and supplement the requirements set forth
in the Software License and Services Agreement(this Addendum and the Software License and
Services Agreement may be collectively referred to herein as the "Agreement") with the terms
and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, the Parties agree as follows:
1. Term and Termination. The term of this Addendum shall run coterminous with the
Software License and Services Agreement.
2. Payment Terms. All payments shall be governed by the Local Government Prompt
Payment Act,as set forth in Part VII,Chapter 218,Florida Statutes and for the avoidance
of doubt shall be due and payable within thirty (30)days of the invoice date. The CITY
shall not be subject to late charges for past due amounts in excess of one percent (1%)
as provided for in §218.74, Florida Statutes. Prices applicable to CITY do not include
applicable state and local sales, use and related taxes. The CITY represents that it is
exempt from state and local sales and use taxes and shall not be invoiced for the same
as long as such status is retained.
3. Tax Exempt. CITY represents that CITY is a tax-exempt entity and not subject to the
payment of taxes under the Agreement. Upon request CITY will provide VENDOR with
proof of tax-exempt status. If such status changes, and/or if any taxes are required to be
(00555004.1 306-9001821 1
withheld on any payment, CITY will pay such additional amounts as are necessary so
that the net amount received by VENDOR is equal to the amount then due and payable
under the Agreement.
4. Public Records. VENDOR shall comply with the applicable provisions of Chapter 119,
Florida Statutes. Specifically, VENDOR shall:
4.1 Keep and maintain public records required by the CITY in order to perform the
service;
4.2 Upon request from the CITY's custodian of public records, provide the CITY with
a copy of requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
4.3 Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the
VENDOR does not transfer the records to the CITY; and
4.4 Upon completion of the contract, transfer, at no cost to the CITY, all public records
in possession of the VENDOR, or keep and maintain public records required by the
CITY to perform the service. If the VENDOR transfers all public records to the CITY
upon completion of the contract, the VENDOR shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the VENDOR keeps and maintains public records upon completion
of the contract, the VENDOR shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the CITY,upon
request from the CITY's custodian of public records in a format that is compatible
with the information technology systems of the CITY.
4.5 The failure of VENDOR to comply with the provisions set forth in the Agreement
shall constitute a default and breach of the Agreement, for which, the CITY may
terminate the Agreement subject to Section 6.2(a) of the Software License and
Services Agreement. Failure to comply with said statutory requirements may
subject VENDOR to penalties under 119.10, Florida Statutes, as amended.
IF THE VENDOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
TO THE VENDOR'S DUTY TO PROVIDE PUBLIC
100555004.1 306-9001821 I
RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
PO BOX 310
BOYNTON BEACH, FLORIDA, 33425
561-742-6061
CITYCLERK(a BBFL.US
5. Sovereign Immunity. Nothing contained in the Agreement, nor contained herein is
intended nor shall be construed to waive CITY's rights and immunities under the
common law or §768.28, Florida Statutes, as may be amended from time to time, as
amended, regardless of whether said liability be based in tort, contract, indemnity or
otherwise; and in no event shall City be liable to VENDOR for punitive or exemplary
damages or for lost profits or consequential damages.
6. Scrutinized Companies. VENDOR, its principals or owners, certify that they are not
listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies
with Activities in Sudan List, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or are engaged in business operations with Syria. In
accordance with §287.135, Florida Statutes, as amended, a company is ineligible to, and may
not, bid on, submit a proposal for, or enter into or renew a contract with any agency or local
governmental entity for goods or services of:
6.1 Any amount if,at the time bidding on, submitting a proposal for,or entering into
or renewing such contract, the company is on the Scrutinized Companies that
Boycott Israel List,created pursuant to§215.4725,Florida Statutes,or is engaged
in a boycott of Israel; or
6.2 One million dollars or more if, at the time of bidding on, submitting a proposal
for, or entering into or renewing such contract, the company:
6.2.1 Is on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, created pursuant to §215.473, Florida Statutes; or
6.2.2 Is engaged in business operations in Syria.
7. Employment Eligibility. VENDOR certifies that it is aware of and complies with the
applicable requirements of§448.095, Florida Statues, as may be amended from time to
time and briefly described herein below.
7.1 Definitions for this Section.
(00555004 1306-9001821
7.1.1 "Contractor"means a person or entity that has entered or is attempting to
enter into a contract with a public employer to provide labor, supplies,or
services to such employer in exchange for salary, wages, or other
remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
7.1.2 "Contractor" includes, but is not limited to, a vendor or consultant.
7.1.3 "Subcontractor"means a person or entity that provides labor,supplies,or
services to or for a contractor or another subcontractor in exchange for
salary, wages,or other remuneration.
7.1.4 "E-Verify system" means an Internet-based system operated by the
United States Department of Homeland Security that allows
participating employers to electronically verify the employment eligibility
of newly hired employees.
7.2 Registration Requirement; Termination. Pursuant to §448.095, Florida
Statutes, effective January 1, 2021, Contractors, shall register with and use the
E- verify system in order to verify the work authorization status of all newly
hired employees. Contractor shall register for and utilize the U.S. Department
of Homeland Security's E-Verify System to verify the employment eligibility
of:
7.2.1 All persons employed by a Contractor to perform employment duties
within Florida during the term of the contract; and
7.2.2 All persons (including subvendors/subconsultants/subcontractors)
assigned by Contractor to perform work specific to the contract with the
City of Boynton Beach. The Contractor acknowledges and agrees that
registration and use of the U.S. Department of Homeland Security's E-
Verify System during the term ofthe contract is a condition of the contract
with the City of Boynton Beach; and
7.2.3 The Contractor shall comply with the provisions of Section 448.095,
Florida Statutes., "Employment Eligibility," as amended from time to
time. This includes, but is not limited to registration and utilization of the
E-Verify System to verify the work authorization status of all newly hired
employees. Contractor shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ, contract with,
or subcontract with,an unauthorized alien.The Contractor shall maintain
a copy of such affidavit for the duration of the contract. Failure to comply
will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute,the subcontract must be terminated immediately.Any
challenge to termination under this provision must be filed in the Circuit
10055500413069001821) Court no later than twenty (20) calendar days after the date of
termination. Termination of this Contract under this Section is not a
breach of contract and may not be considered as such. If this contract is
terminated for a violation of the statute by the Contractor,the Contractor
may not be awarded a public contract for a period of one (1) year after
the date of termination.
8. Termination for Convenience. Beginning on the third anniversary of the date of this
Addendum, , City may, upon one hundred eighty (180) calendar days' written notice to
VENDOR, without cause and without prejudice to any other right or remedy, terminate
this Agreement for City's convenience. Where the Agreement is terminated for the
convenience of City, the notice of termination to VENDOR, must state that the
Agreement is being terminated for the convenience of City under this termination clause,
the effective date of the termination, and the extent of termination. VENDOR shall be
paid for the services up to and including the effective date of the termination. This shall
mean payment for all completed tasks and payment for uncompleted tasks based upon a
percentage of completion of such uncompleted tasks. VENDOR shall not be paid on
account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
9. Attorneys' Fees. In the event that either Party brings suit for enforcement of the
Agreement or for collection of payment,each Party shall bear its own attorney's fees and
court cost.
10. Equal Opportunity. VENDOR shall comply with all applicable provisions of federal,
state and local equal employment laws and shall not engage in or commit any
discriminatory practice against any person based on race,color, creed, religion,national
origin, ancestry, age above the age of 21, sexual orientation, gender identity or
expression,marital status,pregnancy,familial status,veterans status,political affiliation,
or physical or mental disability and such person's association with members of such
classes or in retaliation for or opposition to any such practices against any employee of,
any CITY employee working with, or applicant for employment or any other factor
which cannot be lawfully used as a basis for service delivery.
11. Binding Authority. Each person signing this on behalf of either party individually
warrants that he or she has full legal power to execute this Addendum on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to
all provisions contained in this Addendum.
X00553004.1 306-90018211
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the
day and year first written above.
ATTEST: CITY OF BOYNTON BEACH
A 1 . . / 1 nvBY: Ili
ame: "''� DAN DUGGER, C '4"1 ".. ER
Appro s. . &my DATE: 3 / - a . d
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MICHAEL D. CIRULLOO A ORNEY
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. INCORPORATED; ;
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1,,N‘,FLORkO
(00555004.1 306-9001521)
MMMARK,13, INC., a Delaware For Profit
Corpor ti
BY:
Name: *Q•gen SSll e,
Title: Cc()
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Statement of Work
City of Boynton Beach
Police Department
V7 MARK43
Table of Contents
Table of Contents
Statement of Work Overview
Scope of Services
Preparation
Outcome: Project Governance
Application Setup
Outcome: Operational Enablement Workshop
Outcome:Tenant Provisioning
Foundation Tenant Setup (settings to be configured)
Production Tenants
Outcome: RMS-Reports Module Setup
Offense/Incident Report Setup
Arrest Report Setup
Supplement Report Setup
Additional Report Types Setup
Outcome: RMS-Case Management Module Setup
Outcome: RMS-Evidence Module Setup
Outcome: RMS-Administrative Settings
Outcome: CAD-Core Application Setup
Outcome. CAD-Additional Class Setup
Outcome: CJIS Systems Interface/DEx Setup
Outcome: Data Lake Setup
Outcome:T&M Services
Interfaces and Data Access
Outcome: Interfaces Setup
Outcome: Data Access
Enablement Phase
Outcome:Application Validation (For all in-scope applications)
Training
Outcome:Training Description
Launch
Outcome: Pre-Launch Support
Outcome: Launch Support
Outcome: Post-Launch Support
Project Close Out
Assumptions
Project Scope Exclusions
Project Resources and Scheduling
-2-
V7 MARK43
Planned On-Site Visits
Resourcing
Change Order Process
Miscellaneous
Appendix- Report Types Setup
Outcome: RMS-Additional Reports Setup
Stop Report Setup
Field Contact Report Setup
Citation Report Setup
Traffic Collision Report Setup
Missing Persons Report Setup
Towed Vehicle Report Setup
Impound Report Setup
Behavioral Crisis Report Setup
Community Information Report Setup
Use of Force Report Setup
Additional Supplement (+NEW) Report Setup
Appendix-Traininq
Outcome:Training
Mark43 RMS: Reports Module Train-the-Trainer
Mark43 RMS: Cases Module Train-the-Trainer
Mark43 RMS: Evidence Module Train-the-Trainer
Mark43 CAD: Dispatch Train-the-Trainer
Mark43 CAD: First Responder Train-the-Trainer
Outcome: Direct End User Training
Mark43 RMS: Reports Module
Mark43 RMS: Cases Module
Mark43 RMS: Evidence Module
Mark43 RMS: Records &System Admin
Mark43 RMS: Compliance
Mark43 RMS: Warrants
Mark43 CAD: Dispatch
Mark43 CAD: System Administration
Mark43 CAD: First Responder
-3-
V7 MARK43
Statement of Work Overview
This Statement of Work(SOW) outlines the Professional Services to be provided to the City of Boynton Beach
(Subscriber)to assist with the setup,configuration and optimization of the Mark43 Applications in accordance with
the Software License and Services Agreement (SLSA) entered into by Mark43 and Subscriber in conjunction with
this SOW.The Mark43 Project Team shall perform in accordance with this SOW,which shall be effective as of the
Effective Date. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in
the SLSA.
Any changes to this document will be handled through a Change Order outlined in the Change Order Process section
of this document. If a service is not listed in this document, it is not considered part of the project.
Scope of Services
The Professional Services hereunder include tasks designed to achieve specific business outcomes ("Outcomes"),
and the timeline and approach for completion shall be mutually agreed upon by the SUBSCRIBER and Mark43.
Preparation
Outcome: Project Governance
Description
Mark43 to provide overall project management and governance of the services purchased.
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Prerequisites for SUBSCRIBER • Kickoff Activities
c Identify key stakeholders (can be the 0 Welcome email
same person) c SUBSCRIBER Kickoff Meeting
• Executive Sponsor • Mark43 SUBSCRIBER Journey
• RMS Lead Overview
• CAD Lead • Mark43 Professional Services
• Interface Lead (if applicable) Overview
• Data Migration Lead (if 0 Statement of Work Review (In Scope/
applicable) Out of Scope)
• Technical Lead 0 Review of Mark43 Team, SUBSCRIBER
• Training Lead Team and associated roles and
• Launch Support Lead responsibilities
• Project Manager o Review the Status of Pre-Requisites
• Although not mandatory, • Weekly check-ins until
it is highly completed
recommended that the o Review the On-Site Visit Schedule
agency also has their o Establish weekly/bi-weekly project
own internal project status meeting
manager 0 Escalation Process
o Set aside time for regularly scheduled O Review On-Site 1 (Operational
-4-
Vj MARK43
project status meeting,typically weekly Enablement Workshop and Application
or bi-weekly Setup)
o Set aside time for regularly scheduled o Review future Training Activities
application practice • Project Documentation/ Ongoing Activities
o Alert Mark43 to any dates that are of o Project Charter, Project Plan, and Key
special interest or major significance Milestones
o Resource Scheduling
o Weekly/bi-weekly project updates
o Issue/Risk Management
o Change Order Process
Application Setup
Description
Application Setup consists of the activities related to configuration of the Mark43 software.This phase begins prior
to the RMS or CAD Product Consultant's on-site visit and will be continued virtually, as required,for all outstanding
tasks.
Outcome: Operational Enablement Workshop
Description
The Mark43 Operational Enablement Workshop is an overview of which activities need to occur during the
Application Setup phase to achieve"enablement".
A special emphasis will be placed on which report types and modules will need to be configured,tested and
validated. If applicable,a summary of the data migration and interface scope-which may or may not impact
workflows-will also be reviewed.
At the conclusion of the Operational Enablement Workshop,Application Setup activities can commence.
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Ensure the key stakeholders attend (in-person • Host Operational Enablement Workshop for the
or virtually)the Operational Enablement key SUBSCRIBER stakeholders
Workshop • Demo the Mark43 Foundation tenant,
• Provide a physical room that can accommodate highlighting the key applications that will need
up to 15 people and allows for the Mark43 to be setup
tenant to be presented to those in the room. o Review the activities for the Application
Setup Phase
o If necessary:
• Review the high-level scope of
the Data Migration
• Review the high-level scope of
each Interface
-5-
V7 MARK43
Outcome: Tenant Provisioning
Description
The initial setup of the SUBSCRIBER's Mark43 core foundation tenant.
NOTE:The core foundation tenant will serve as the environment where the application setup and interfaces are
configured,tested and validated.Tenants required for data migration will be"cloned"from the core foundation
tenant. Production tenants will also be cloned from the core foundation tenant.
Foundation Tenant Setup (settings to be configured)
• Tenant Setup o Login Background
o Subdomain (URL) o Report Event Number(REN) Formatting
o Agency(s) Information o Compliance Settings
• Agency Name • Federal NIBRS Mapping
• Agency Code • State IBRS Mapping
• Agency ORI • Other State/Local Compliance
• County Indicator Mapping
• NIBRS Start Date o Upload Initial User List (Project SMEs)
• Agency Type • Email
• Department Profile Information • First Name
o Department Logo • Last Name
o Department Information • Badge ID #
• Display Name • Default Roles
• Department Status
(Test,Training,etc.)
• Time Zone
• NIBRS Regional Group
• DEx Regional Group
• Compliance Group
o Department Contact
Information
• Phone Number
• Website
o Location Bias
• Center Lat/Long
• Lat/Long for NE Corner
• Lat/Long for SW Corner
Production Tenants
Tenant Name Agency or Agencies
Boynton Beach 1 (includes Police and Fire together)
-6-
MARK43
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• If necessary, provide any required information • Using the SUBSCRIBER's information, provision
to Mark43 a core foundation tenant
• Complete any required templates to support the • Provide any required templates to support the
application setup application setup
Outcome: RMS-Reports Module Setup
Description
The review and configuration of select fields, attributes, rules and/or settings for the primary core Report Types and
any additional secondary Report Types (up to 12 in total).
Offense/Incident Report Setup
• Event Information Card • Vehicle Card Side Panel
c Routing Units o NIBRS Property Status*
o Event Statistics (mapped to NIBRS)
c Review Optional Fields o Association Types
• Weather o Tow Companies
• Other Law Enforcement o Drop-Off Locations
Agencies On Scene • Offense/Incident Card (also see
information Compliance Review)
• Notification Details 0 Offense Codes (mapped to
• Location Side Panel NIBRS)
c Subdivision 1 Name o Incident Types
c Subdivision 2 Name • Submissions Card
c Subdivision 3 Name o Notify Users/Roles
• Person Side Panel • Miscellaneous
c Cautions o Routing Labels
c Medical Treatment • Designed to help with
c Medical Facility routing for Case
c Name Identifier Type Management
c Criminal Street Gang Names o Society Profiles
• Organization Side Panel a Offense/Incident Status (Report
c Organization Type*(mapped to Disposition)
NIBRS) • Default Settings
• Property Card o Name of the Report
o Item Categories*(mapped to o Abbreviation
NIBRS) o Display Title Format
c Identifier Type o Report History Settings
c NIBRS Property Status* o Levels of Approval
(mapped to NIBRS) o Creation Restriction Settings
o Association Types o Record ID/ Number Sequence
o Reasons for Police Custody Formatting
• Drop-Off Locations o User/Role Permissions
-7-
V�7 MARK43
Arrest Report Setup
• Arrest Card • Default Settings
c Arrest Type*(mapped to NIBRS) o Name of the Report
c Tactics Used o Abbreviation
c Arrest Statistics o Display Title Format
• Charges Card (also see Compliance o Report History Settings
Review) o Levels of Approval
c State Charge Codes o Creation Restriction Settings
c Local Charge Codes o Record ID/ Number Sequence
c Legacy Options Formatting
• Booking Card o User/Role Permissions
c Arrest Disposition*(mapped to
NIBRS for Juveniles)
• Court Case Card
c Court Type
o Place Detained At
• Arrest Documentation Output
c Exports to support the Arrest
Process
Supplement Report Setup
• Supplement Card • Default Settings
o Supplement Type o Name of the Report
• Involved Profiles Card o Abbreviation
o Involvement Type c Display Title Format
c Report History Settings
c Levels of Approval
o Creation Restriction Settings
o Record ID/ Number Sequence
Formatting
o User/Role Permissions
Additional Report Types Setup
(See Appendix for Detailed Description)
Report Type Name Purpose
TBD TBD
TBD TBD
TBD TBD
TBD TBD
-8-
V7 MARK43
TBD TBD
TBD TBD
TBD TBD
TBD TBD
TBD TBD
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Attend configuration sessions to setup the • Host configuration sessions to setup the
application with the relevant decision makers application
and SMEs • Review and explain how fields,attributes, rules
• If necessary,explain current operational and admin settings described above can be
practices and procedures configured
• Make final configuration selections for field • Provide best practices to the SUBSCRIBER for
names,attributes, rules and admin settings application setup based on operational
described above practices
• Complete any required templates to support the • Assist SUBSCRIBER with initial configuration of
application setup fields,attributes, rules and admin settings
• Set aside time to work through the Practice described above
Scenario examples after the application is set • Provide any required templates to support the
up application setup
o Update the Configuration Validation • Provide Practice Scenario examples after the
Checklist application is initially setup
• Provide the Configuration Validation checklist
after the application is initially setup
Outcome: RMS-Case Management Module Setup
Description
The review and configuration of select fields, attributes, rules and/or settings of Case Management module in the
RMS.
Case Management Module Setup
• Case Types (up to 5) • Case Statuses
o Case Name o Can be mapped to Open, Inactive or
o Default Assigned Investigator Closed
o Default Routing Unit • Routing Labels
o Default Supervisor o These are located on the side of each
o Default Case Status report to help with routing/flagging
o Default Due Date • Global Saved Searches
o Default Case Tasks • Workflow Status Terminology(New,Will Not
o Default User and Role Investigate)
Permissions
-9-
MARK43
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Attend configuration sessions to setup the • Host configuration sessions to setup the
application with the relevant decision makers application
and SMEs • Review and explain how fields, attributes, rules
• If necessary,explain current operational and admin settings described above can be
practices and procedures configured
• Make final configuration selections for field • Provide best practices to the SUBSCRIBER for
names,attributes, rules and admin settings application setup based on operational
described above practices
• Complete any required templates to support the • Assist SUBSCRIBER with initial configuration of
application setup fields, attributes, rules and admin settings
• Set aside time to work through the Practice described above
Scenario examples after the application is set • Provide any required templates to support the
up application setup
c Update the Configuration Validation • Provide Practice Scenario examples after the
Checklist application is initially setup
• Provide the Configuration Validation checklist
after the application is initially setup
Outcome: RMS-Evidence Module Setup
Description
The review and configuration of select fields, attributes, rules and/or settings of the Evidence module in the RMS.
Evidence Module Setup
• Property Card Configuration • Chain of Custody Options
o Item Categories* (mapped to o Check in -Temporary Facility
NIBRS) o Check in -Main Facility
o Identifier Type o Update Location Within Facility
o NIBRS Property Status* o Check Out- External Location
(mapped to NIBRS) o Check Out- Person
o Association Types o Disposition
o Reasons for Police Custody (see Released
RetentionPolicies)
o Drop-Off Locations
o Permanent Transfer-Another
• Retention Policies Agency
o Evidence (based on Offense • Barcode Label Configuration
Code) o Variables to appear on Label
o Other(based on Reason for • Label Printer Setup
Police Custody) o Name
• Disposition Approval Settings o Server Network
o Number of levels (0, 1 or 2) o Print Network
o Preferred Workflow o Print Settings
MARK43
o Alternate Workflow • Item Type Settings
• Storage Locations o Vehicles Y/N to be tracked as
o Location Information Evidence
o Sub-Location Hierarchy • Release Timer Settings
o Temporary Storage/Permanent o Final Release Wait Period
Storage • Review Evidence Exports to be Enabled
o Location Permissions (Evidence Documents)
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Attend configuration sessions to setup the • Host configuration sessions to setup the
application with the relevant decision makers application
and SMEs • Review and explain how fields, attributes, rules
• If necessary,explain current operational and admin settings described above can be
practices and procedures configured
• Make final configuration selections for field • Provide best practices to the SUBSCRIBER for
names, attributes, rules and admin settings application setup based on operational
described above practices
• Complete any required templates to support the • Assist SUBSCRIBER with initial configuration of
application setup fields, attributes, rules and admin settings
• Set aside time to work through the Practice described above
Scenario examples after the application is set • Provide any required templates to support the
up application setup
o Update the Configuration Validation • Provide Practice Scenario examples after the
Checklist application is initially setup
• Provide the Configuration Validation checklist
after the application is initially setup
Outcome: RMS-Administrative Settings
Description
The review and configuration of the Administrative Setting preferences within RMS.
Administrative Settings
• Users, Roles and Abilities • Other Admin Tools
o Default Roles 0 Routing Labels
o Preferences for Abilities 0 Export Presets
o Upload Users 0 Export Release Tracking
o Narrative Guides
• Permissions Configurations o Upload Fillable PDFs
o Report Types
• SUBSCRIBER is
• Setup Default User and
Role Permissions responsible for creating
o Additional Modules Enabled and mapping finable
• Setup Default User and PDFs
Role Permissions a Upload Form Templates
-11-
u MARK43
• SUBSCRIBER is
responsible for creating
templates
o Workflow Status Terminology
(Draft, Rejected, Pending,
Approved, Completed)
o Create Global Saved Searches
o Setup External Links
o Tasks
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Attend configuration sessions to setup the • Host configuration sessions to setup the
application with the relevant decision makers application
and SMEs • Review and explain how fields, attributes, rules
• If necessary,explain current operational and admin settings described above can be
practices and procedures configured
• Make final configuration selections for field • Provide best practices to the SUBSCRIBER for
names, attributes, rules and admin settings application setup based on operational
described above practices
• Complete any required templates to support the • Assist SUBSCRIBER with initial configuration of
application setup fields, attributes, rules and admin settings
• Set aside time to work through the Practice described above
Scenario examples after the application is set • Provide any required templates to support the
up application setup
o Update the Configuration Validation • Provide Practice Scenario examples after the
Checklist application is initially setup
• Provide the Configuration Validation checklist
after the application is initially setup
Outcome: CAD-Core Application Setup
Description
The review and configuration of select fields, attributes, rules, preferences and/or settings in the CAD.
CAD-Core Application Setup
Initial CAD Configuration CAD Dispatch
• Agency/Agency Code • Shortcut Keys
o Agency Name o Shortcut Command
o Agency Abbreviation o Shortcut Key Combination
o Agency ORI • Command Line
o Agency Type(Police, Fire, EMS) o Command Abbreviation
o Disposition Required to Close Events o Command Line Description
o Automatic Event Based REN • On-View
• Dispatch Area o Self-Initiate
-12-
V7 MARK43
• Radio Channels • Workspaces &Queues
o Primary Radio Channel • Call Taker Stations
o Radio Channel Abbreviation
• Dispatch Group CAD Administration
• Calls for Service Types • Users
o Priorities Attributes o User Skill
o Risk Level Attributes • Roles/Abilities
c CFS Types • CAD Preferences
■ CFS Abbreviation/Code
■ CFS Description Optional Configuration
■ Buffer Minutes • Event Labels
■ Priority • Service Rotations
■ Event Origin (Emergency Call, o Service Rotation Type
Non-Emergency) ■ Service Abbreviation
• Unit Statuses ■ Service Type Name
c Description ■ Provider Responses
c Abbreviation o Service Rotation Provider
• Unit Status Transitions ■ Service Provider Name
• Unit Timer ■ Capabilities
• Event Clearing Dispositions ■ Primary Phone
o Description ■ Address
c Abbreviation ■ Comments
• Units/Unit Types o Service Rotation List
o Unit Type Description ■ Name
c Unit Type Abbreviation ■ Rotation Area
c Unit Type • Messaging Groups
c Units o Messaging Group Name
■ Call Sign o Description
■ Unit Type o Group Type
■ Additional Unit Types ■ Users
■ Equipment ■ Units
■ Agency ■ Dispatch Area Owners
■ Dispatch Area ■ Call Taker Stations
■ Station • Contact List/Rolodex
■ Is Member Required o Rolodex Types
■ Tag Number o Primary/Secondary Contact
o Phone Number/Address
o Note
First Responder
• Self-Initiate
o CFS Types
• Shortcut Keys
o Shortcut Command
o Shortcut Key Combination
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Provide export of legacy CAD data • Host configuration sessions to setup the
-13-
Vj MARK43
• Attend configuration sessions to setup the application
application with the relevant decision makers • Review and explain how fields,attributes, rules
and SMEs and admin settings described above can be
• If necessary,explain current operational configured
practices and procedures • Provide best practices to the SUBSCRIBER for
• Make final configuration selections for field application setup based on operational
names, attributes, rules and admin settings practices
described above • Assist SUBSCRIBER with initial configuration of
• Complete any required templates to support the fields,attributes, rules and admin settings
application setup described above
• Set aside time to work through the Practice • Provide any required templates to support the
Scenario examples after the application is set application setup
up • Provide Practice Scenario examples after the
o Update the Configuration Validation application is initially setup
Checklist • Provide the Configuration Validation checklist
after the application is initially setup
Outcome: CAD-Additional Class Setup
Description
The review and configuration of select fields, attributes, rules and/or settings of any additional Class in CAD.
CAD Additional Class Setup
• Fire Stations • Unit Statuses
• Response Plans 0 Description
c Resource Patterns O Abbreviation
o Run Order • Unit Status Transitions
c Move Ups
• Combined Calls For Service
o Priority
o Event Origin
o Alarm Level
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Provide export of legacy CAD data • Host configuration sessions to setup the
• Attend configuration sessions to setup the application
application with the relevant decision makers • Review and explain how fields, attributes, rules
and SMEs and admin settings described above can be
• If necessary, explain current operational configured
practices and procedures • Provide best practices to the SUBSCRIBER for
• Make final configuration selections for field application setup based on operational
names, attributes, rules and admin settings practices
described above • Assist SUBSCRIBER with initial configuration of
• Complete any required templates to support the fields, attributes, rules and admin settings
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Vj MARK43
application setup described above
• Set aside time to work through the Practice • Provide any required templates to support the
Scenario examples after the application is set application setup
up • Provide Practice Scenario examples after the
o Update the Configuration Validation application is initially setup
Checklist • Provide the Configuration Validation checklist
after the application is initially setup
Outcome: CJIS Systems Interface/DEx Setup
Description
Mark43 will work with the SUBSCRIBER to coordinate a successful CJIS and Data Exchange (DEx) CAD
implementation through a partnership with a 3rd party CJIS systems interface provider.
CJIS/DEx Technical Setup
• Purchase and Setup of CJIS Systems Interface • Software Requirements: Mark43
server. (Subscriber is responsible for fully will provide up to date
supporting the hardware and Operating System documentation to the
software). subscriber.
o Hardware Requirements: Mark43 will
provide up to date documentation to the
subscriber.
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Apply for&obtain state CJIS Systems Agency • Complete/Execute 3rd party CJIS interface
(CSA) approval for message switch interface, in vendor Contract
support of the project • Provide SUBSCRIBER with hardware and
• Purchase/Deploy/Support CSA interface software requirements documentation for CSA
Windows based server hardware and operating interface Windows based server.
system • Complete 3rd Party CJIS interface vendor
• Compile Device Name/Host Name.mnemonic/ Checklist
state terminal id,and ORI configuration list • Configure DEx Settings in Mark43
• Complete DIS Installation • Coordinate Installation of 3rd party CJIS
• Configure DEx users in Mark43 interface software on to Subscriber provided
• Configure DEx devices in Mark43 CSA interface server
• Complete DEx testing in Mark43 • Deploy DEx interface on to interface server
(Linux server) and test
• Coordinate configuration of Subscriber supplied
Device Name/Host Name./mnemonic,/state
terminal id,and ORI configuration list
• Cutover/Validation/Go-live Plan
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MARK43
Outcome: Data Lake Setup
Description
The setup of the Mark43 Data Lake for the foundation tenant and production tenant.
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Complete Data Lake Request Form • Provide Data Lake Request Form
• Installation of SQL Server Management Studio • Set up Data Lake
• Grant Data Lake access to authorized users
Outcome: T&M Services
Mark43 offers a variety of Time and Material Services to assist with the functions below. T&M Days (1 day= an 8
hour block of time) can be used on the following services:
• GIS(Locations) Assistance
• Compliance Code Assistance
• Technical Requirements Assistance
• Analytics/DataLake Assistance
• Fillable PDF Assistance
• Self-Build Interfaces
• RMS Assistance
• CAD Assistance
The following T&M credits are included in the initial scope to
T&M Days
Mark43 Products Quantity
RMS/CAD/Analytics 12 days
Description: GIS (Locations) Assistance
The setup of the SUBSCRIBER's shapefile types and other location entities in Mark43 in order to resolve locations
and addresses.
NOTE: Mark43 provides ESRI World Geocoder as an additional address search option. This is optional and would be
considered a secondary or tertiary option in an address search. Mark43 has partnered with ESRI for a visual
basemap. These maps will be for visualization purposes. Mark43 will provide 8 hours of best practices and review
the templates an agency can complete to bulk upload codes.The SUBSCRIBER will then be responsible for
completing the templates and any associated mappings.
GIS (Locations) Setup
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MARK43
• Shapefile Types • Other Location Entities
o Subdivision Polygons o Location Aliases
• Examples: Beats, o Street Aliases
Sectors, Districts, o Location Cautions
Reporting Areas,Zones, o ESRI Basemap Layers
Quadrants, etc.
o Address Points
o Street Centerlines
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Provide shapefile types and other location • Provide SUBSCRIBER with prerequisites for
entities to Mark43 in the correct format shapefile types and other location entities
• Based on Mark43 review and feedback, update o Review data for correct format
the necessary GIS/Locations data • Upload shapefiles/other location entity data
• Ensure that the points or centerlines used for into Mark43 tenant
Location Entity templates are an exact text • Review with SUBSCRIBER the GIS/Location data
match with those provided in the shapefiles. in the tenant
• An ESRI Map package containing all visual • Provide an overview and assist with initial set
components (ie. Address Points, Centerline, up of the ESRI basemap
Subdivisions, POls,etc..)
Description: Compliance Code Assistance
The review and configuration of the Offense Codes (mapped to NIBRS), Incident Codes (not mapped to NIBRS) and
Charge Codes (for Arrest/Citation)that can be uploaded into Mark43 for users to select when completing certain
report types (such as the Offense/Incident and Arrest reports).
Compliance Codes Setup (fields, attributes, rules and/or settings to be configured)
• Compliance Codes o Offense Code 3
o Offense Codes o Offense Code 3 Type
o Incident Types o Offense Code Description
o Charge Codes o Offense Code Start Date
o Offense/Charge Codes o Offense Code End Date
• Individual Code Mapping Options o NIBRS Code
o Display Name o Offense Code Classification
o Offense Code 1 o Type
o Offense Code 1 Type • Offense
o Offense Code 2 • Incident
o Offense Code 2 Type • Charge
• Offense/Charge
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Attend configuration sessions to setup the • Host configuration sessions to setup the
application with the relevant decision makers application
and SMEs • Review and explain how fields, attributes, rules
• If necessary, explain current operational and admin settings described above can be
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MARK43
practices and procedures configured
• Make final configuration selections for field • Provide best practices to the SUBSCRIBER for
names, attributes, rules and admin settings application setup based on operational
described above practices
• Complete any required templates to support the • Assist SUBSCRIBER with initial configuration of
application setup fields, attributes, rules and admin settings
described above
• Provide any required templates to support the
application setup
Description:Technical Requirements Assistance
Depending on which applications are in-scope, Mark43 will provide consultation on any technical requirements to
set up the applications.
Technical Requirements Setup
• 2 x Setup of Linux Server for Mark43 RMS/CAD • SSO Configuration of Mark43 Tenant
Interface/Print Server • DEx Interface Deployment
• Interface Application Configuration • Build Desktop Integration Services v2 Installer
• Setup of Evidence Barcode Label Printers • Setup of AWS S3 Storage/Azure Cloud Storage
• Setup printer services for Migration
• Installation of Mark43 Applications on • Setup of AWS S3 RDS/Azure Cloud RDS
supported Mobile devices and Instance
laptops/desktops
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Setup 2 x Linux Server OS • Configure Linux Server for Mark43 RMS/CAD
• Setup Evidence Label Printers • Configure Evidence Print Service and tenant
• Ensure that their hardware and software meet configurations for each Evidence Label printer
Mark43 requirements for mobile devices, MDTs • Provide link to CAD Dispatch Application and
and workstations assist SUBSCRIBER with mass deployment
• Download CAD Dispatch Application and set • Provide link to FR Application and assist
install permissions SUBSCRIBER with mass deployment
• Download FR Application and set install • Configure SUBSCRIBER SSO access to
permissions Mark43's tenant
• Provide IDP (Identity Provider) configuration to • Configure the DEx interface and deploy to
Mark43 for SSO interface server
• Complete DEx Interface Deployment • Build and test Desktop Integration Services,
Questionnaire provide installer to the SUBSCRIBER
• Provide Mark43 with COM Ports and GPS • Configure AWS S3 and provide SUBSCRIBER
Modem configuration with AWS S3 Credentials
• Provide Mark43 with public IP(s)that will
access AWS S3 data
• Provide Mark43 with VPN access for
configurations
Description: Analytics/DataLake Assistance
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Vj MARK43
Assistance with the setup of the SUBSCRIBER's Analytics group dashboards in Mark43.
Mark43 Analytics/DataLake Assistance
This support session will inform attendees about • Attendees should have a basic understanding
Mark43 Analytics/ DataLake platform of data fields,data types, data analysis, and
• Understand the difference between Viewer and data visualization
Explorer users • Maximum attendees of 10
• Navigate the analytics module
• Understand the difference between workspaces
• Create,edit, and delete dashboards
• Create, edit, and delete data visualizations
• Create,edit, and delete dashboard and tile
filters
• Export dashboards to PDF
• Send dashboards via email for ad hoc requests
• Create scheduled, automatic sends of
dashboards via email
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Attend configuration sessions to setup the • Host configuration sessions to setup the
application with the relevant decision makers application
and SMEs • Review and explain how fields, attributes, rules
• If necessary,explain current operational and admin settings described above can be
practices and procedures configured
• Make final configuration selections for field • Provide best practices to the SUBSCRIBER for
names, attributes, rules and admin settings application setup based on operational
described above practices
• Complete any required templates to support the • Assist SUBSCRIBER with initial configuration of
application setup fields,attributes, rules and admin settings
described above
• Provide any required templates to support the
application setup
Description: Fillable PDF Assistance
Assistance with the setup of the SUBSCRIBER's Fillable PDFs in Mark43.
Mark43 Fillable PDF Assistance
This support session will inform attendees about • Services will be delivered remotely
Fillable PDF Creation in Mark43 RMS. • Maximum attendees of 5
• After completing this session,you will know
how to:
o Extract Mark43 Data onto Fillable PDFs
o Upload Fillable PDFs into Mark43
o Create Export Presets to easily print
Fillable PDFs
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Vj MARK43
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Attend configuration sessions to setup the • Host configuration sessions to setup the
application with the relevant decision makers application
and SMEs • Review and explain how fields, attributes, rules
• If necessary,explain current operational and admin settings described above can be
practices and procedures configured
• Make final configuration selections for field • Provide best practices to the SUBSCRIBER for
names, attributes, rules and admin settings application setup based on operational
described above practices
• Complete any required templates to support the • Assist SUBSCRIBER with initial configuration of
application setup fields, attributes, rules and admin settings
described above
• Provide any required templates to support the
application setup
Description: Self-Build Interface Assistance
Assistance with the setup of the SUBSCRIBER's self-build interfaces into or out of Mark43.
Mark43 Self-Build Interface Assistance
This support session will inform attendees about • Interface user creation (access, role and ability)
Mark43 in terms of: • API token delivery
• Self-build interface discovery session with
customer or 3rd party
• Review of API documentation
• Complete API request form
Interfaces and Data Access
Outcome: Interfaces Setup
Description
Mark43 and Subscriber will perform the tasks required to design,develop, optimize,test and integrate the Mark43
Applications with third party systems listed below. Each interface will require its own Interface Scope Document
once the project begins.
Interface Name Report Types or Direction High Level Overview
Products Involved
FL NIBRS RMS Outbound Mark43 RMS NIBRS reporting to state of Florida
NIBRS RMS
SPIDR Tech RMS Outbound Community engagement data from Mark43 RMS
to SPIDR Tech
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V7 MARK43
Inbound / Inbound video hyperlinks from Axon to Mark43
Axon RMS Bi Directional RMS (Linking)
Bi-Directional (Tagging)
LexisNexis Accurint RMS Outbound Queries Mark43 Data Lake for data sharing with
external agencies
TraCS RMS Inbound Citation and crash reporting data from TraCS to
Mark43 RMS
Motorola P1 CAD RMS Inbound Motorola P1 CAD event data to Mark43 RMS for
CAD ticket creation
TrackStar AVL CAD Inbound TrackStar AVL (GPS) data to Mark43 CAD
ANI/ALI CAD Inbound 911 ANI/ALI data to Mark43 CAD
Fireworks CAD Outbound Mark43 CAD to Fireworks Fire RMS
Rip'N Run CAD Outbound Mark43 CAD to Rip'N Run
Powerphone CAD Inbound Powerphone EMD data to Mark43 CAD
Outcome: Data Access
Description
Mark43 and Subscriber will perform the tasks required to access certain data from the legacy systems listed below.
Data Access Type Legacy System
N/A N/A
Enablement Phase
Outcome: Application Validation (For all in-scope applications)
Description
Once the initial application has been configured (during the Application Setup Phase), Mark43 will provide practice
scenario examples and configuration validation checklists to the SUBSCRIBER. Prior to the Application Validation
session,the SUBSCRIBER is expected to utilize the Practice Scenario examples and/or perform Parallel Processing
to validate that the application was configured as outlined in the Statement of Work. Parallel Processing can be
conducted by utilizing Mark43 RMS/CAD side-by-side with the SUBSCRIBER's legacy RMS/CAD system in order to
ensure that Mark43 RMS/CAD is configured properly.
The Practice Scenario examples should be completed prior to starting the Application Validation session. The
Application Validation session is then intended to review any SUBSCRIBER feedback from the practice scenario
examples, discuss any requested changes and agree upon appropriate modifications, and update the configuration
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Vj MARK43
validation checklist. Mark43 will then modify or work with the SUBSCRIBER to modify the system prior to training.
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Complete the Practice Scenario examples after • Provide the Practice Scenario examples after
the application is initially setup the application is initially setup
o Identify specific events or a time range • Provide the Configuration Validation checklist
to use for Parallel Processing activities after the application is initially setup
• Enter event data into Mark43 as • Host follow-up configuration sessions with
though Mark43 is now the SMEs to review practice scenarios and answer
source of truth follow up questions
• Make updates to the Configuration Validation • Provide framework for and demonstrate Parallel
Checklist Processing activities
• Attend follow-up Q&A session with any
questions prepared
Training
Outcome: Training Description
Mark43 offers a variety of Train the Trainer and Direct End User Training that can be performed on-site and/or
virtually.
Mark43 is prepared to do 3 weeks of on-site training to implement the RMS/CAD solution.
Training
(See"Appendix-Training/Additional Services Descriptions"for detailed description)
Training Quantity
RMS/CAD Implementation 3 weeks on-site
Details of each course is described in the"Appendix-Training"section.
Launch
Outcome: Pre-Launch Support
Description
Mark43 to provide the agency with a cutover plan to ensure a smooth transition, including launch support resources
and triaging support issues.
Pre-Launch Support
• Cutover Checklist • Introduction to the Mark43 Customer
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Vj MARK43
• Production Tenant Setup Support Team
• Customer Success Engagement Review • Launch Issue Tracker
• Review Launch Support Plan and Triage • Go/No-Go Meeting
Plan
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• SUBSCRIBER will participate in the Customer • Mark43 will provide the Cutover Checklist to
Success Engagement Review SUBSCRIBER
• SUBSCRIBER will attend and confirm launch at • Mark43 will lead the Customer Success
the Go/No Go Meeting Engagement Review
• SUBSCRIBER will communicate the details of • Mark43 will create and share the Support Plan
launch to their agency in a timely manner for Launch & Beyond
• SUBSCRIBER will establish a process for • Mark43 Project Manager will introduce the
managing and escalating issues during launch SUBSCRIBER to the Mark43 Customer Support
to the project team and communicate those to Team
the wider agency • Mark43 will create the Launch Issue Tracker
• Mark43 will host the Go/No Go Meeting
• Mark43 will clone the Production tenant
• Mark43 will create the Production Data Lake
• Mark43 will turn on SSO in the Production
tenant (if necessary)
• Mark43 will complete CAD-specific pre-launch
items:
o Install Mark 43 CAD and FR app
o Determine CAD Event and Case #for
Go-Live
o Inactivate Users in Foundation Tenant
o Notify Dispatchers and FR Users of
Cutover Time
o Interfaces-Set Up Tech Services
Notifications
o Activate Users in Production
Environment
o Set Up Workstations, Log In Users and
Log On Units
• Mark43 will complete RMS-specific pre-launch
items:
o Turn on QuickCrash in the Prod Tenant
o Clone Analytics Reports
o Upload Evidence Locations
Outcome: Launch Support
Description
Mark43 will partner with the SUBSCRIBER to have a successful cutover to the Mark43 system, inclusive of support
from the Mark43 team and the SUBSCRIBER project team and super users.
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V� MARK43
Launch Support
• RMS In-Person Application Support • Data Migration Virtual Support (if
• CAD In-Person Application Support necessary)
• PM In-Person Support • Interface Virtual Support (if necessary)
• Launch Confirmation Email • Technical Requirements Virtual Support
(if necessary)
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• SUBSCRIBER will provide adequate support for • Mark43 will provide contracted support for
launch,inclusive of the identified super users launch
• SUBSCRIBER will send the Launch Confirmation • Mark43 will send out the Go-Live invoice
email to the Mark43 Project Manager to confirm following the Launch Confirmation email
they are live on Mark43
Outcome: Post-Launch Support
Description
Mark43 will provide a clear framework to the SUBSCRIBER for communicating any issues encountered post launch,
both in the immediate and long term.
Post-Launch Support
• Continued RMS Virtual Application • Continued Virtual Data Migration
Support Support
c 3 hours of NIBRS Dashboard • Continued Virtual Interface Support
Error Corrections
• Continued CAD Virtual Application
Support
• Continued Virtual PM Support
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• SUBSCRIBER will escalate issues to the Mark43 • Host weekly/bi-weekly Launch Issue Tracker
project team for the first 30 days post launch review meeting
• SUBSCRIBER will transition to escalating issues • Mark43 will manage issues logged in the
through SUBSCRIBER Support from 30 days Launch Issue Tracker for up to 30 days post
post launch onward launch
• Mark43 Customer Support will provide a
transition call to the SUBSCRIBER for logging
issues from 30 days post launch onward
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V7 MARK43
Project Close Out
Description
Mark43 Project Management will close out the project officially with the SUBSCRIBER, and transition the
SUBSCRIBER to the Mark43 Customer Success team for ongoing support and operations.
SUBSCRIBER Responsibilities Mark43 Responsibilities
• SUBSCRIBER will attend the Project Close Out • Mark43 will create a final documentation report
Meeting • Mark43 will hold a Project Close Out Meeting
with SUBSCRIBER stakeholders
• Mark43 will send a project close out email
following the meeting
• Mark43 Project Manager will transition the
project to Customer Success for operations
Assumptions
• Mark43 is not responsible for configuring non-Mark43 products.
• Professional Services is limited to the Scope of Services of each offering purchased.
• Mark43 is not responsible for evaluating the SUBSCRIBER's current state practices, policies, or procedures
for the purpose of process improvement or performance improvement.
• Professional Services within this Statement of Work will be delivered to SUBSCRIBER remotely unless
agreed otherwise.
• When combining individual professional services offerings (Core Application Setup,Additional Reports
and/or Modules, Interfaces, Data Migration and Training),there will be one (1) project
management/preparation phase, one (1) application setup phase,one(1) enablement phase and one(1)
launch phase.
• Creating agency specific forms or fillable PDFs to be generated from the application is not the responsibility
of Mark43.
• Mark43 is not responsible for the codes (offenses,charges,etc) or compliance mappings that will be
enabled and maintained in the system.
• After the application is initially set up,the SUBSCRIBER will be able to maintain the configuration of the
tenant, including users, roles and abilities.
• All configurations and content mappings are based on Mark43 default configurations. Mark43 is not
responsible for the re-purposing of any fields.
• Mark43 Professional Services team will determine which support tickets directly impact the Outcomes listed
herein, and will manage and resolve support cases that prevent the Outcomes from being completed. Any
support cases not directly impacting project Outcomes will be managed by Mark43 Customer Success and
Support teams in accordance with SUBSCRIBER's agreement in place with Mark43.
• Remaining,open support cases will not keep this Statement of Work open as long as all Outcomes defined
herein have been performed.
• Mark43 resources will not be responsible for updating SUBSCRIBER project tracking tools and systems.
• Mark43 resources will not be responsible for creating or maintaining any internal documentation for the
SUBSCRIBER regarding use of the application.
Project Scope Exclusions
The following activities and responsibilities are excluded from the scope of the implementation:
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Vj MARK43
• Implementation of products or delivery of services not included within this SOW or the SLSA.
• Evaluation of Subscriber's current state practices, policies,or procedures for the purpose of process
improvement or performance improvement.
• Troubleshooting of any issues not related to Mark43 software, Mark43 development,or Mark43 interfaces,
unless otherwise outlined.
• Interfacing,or integrating,from or to Mark43 from other systems or third parties other than those specified
in this SOW or the SLSA.
• Installation of any non-Mark43 software, servers,workstations or any other hardware.
• Export of Mark43 data to other systems or third parties other than those specified in the SLSA.
Project Resources and Scheduling
Planned On-Site Visits
During a standard Mark43 Services Engagement, Mark43 intends to be on-site with the SUBSCRIBER for 3 separate
sessions throughout the project. All other work is intended to be done remotely throughout the engagement unless
otherwise determined by the Statement of Work.
Planned On-site Schedule(Dates to be determined in conjunction with Mark43 Project Manager)
o Application Setup
• Duration: 3 days
• Mark43 Attendees: Project Manager, RMS Consultant,CAD Consultant
o Enablement -Application Validation
• Duration: 3 days
• Mark43 Attendees: RMS Consultant, CAD Consultant
o On-Site Support
• Duration: 3 days
• Mark43 Attendees: Project Manager, RMS Consultant, CAD Consultant
o Additional On-Sites
• Additional on-sites to the standard 3 sessions described above may be purchased at
additional cost.
Resourcing
• Mark43 will assign project resource(s) with the appropriate skills to deliver the Professional Services,
including a project manager("Mark43 Project Manager")to serve as a single point of contact for the
administration and management of the project.
• Mark43 resources may be subject to change at any time throughout the project,where the Mark43 Project
Manager will notify SUBSCRIBER as soon as practicable of any such changes.
• Remote Deployment Services must be scheduled in a minimum of four (4) hour blocks.
• In the event on-site delivery is agreed upon,those tasks identified to be performed on-site shall be at a
deployment location mutually agreed to by the parties. On-site Deployment Services, if any,will be scheduled
in a minimum of three(3) day blocks,where one (1) day equals eight (8) hours,subject to SUBSCRIBER's
local business hours, unless otherwise agreed to by the parties.
• For any on-site visits,the SUBSCRIBER will be able to provide space and schedule the appropriate resources
to attend any meetings.
• Mark43 resource(s) shall work within standard business hours and will adhere to Mark43's local office
holiday schedule.
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Vj MARK43
• Deployment Services shall not exceed 40 hours per week.
• SUBSCRIBER must provide a minimum of two (2) weeks advance written notice to reschedule Deployment
Services. Such notice may be provided via e-mail to the Mark43 Project Manager.
Change Order Process
• A Change Order may be initiated by either party through the change order form provided by Mark43.
• Either Project Manager may request a change by email to the other party's Project Manager and the two
shall jointly review.
• Until a Change Order is either executed between SUBSCRIBER and Mark43 or attached to an additional
Order,the Professional Services will continue in accordance with the latest agreed version of the Statement
of Work.
Miscellaneous
• Upon Mark43's acceptance of an Order, Mark43 or representative thereof shall schedule a Project Kick-off
Meeting where mutual agreements on staffing and project start date will be determined. Professional
Services will not commence until the SUBSCRIBER prerequisites and Project Kick-off Meeting have been
completed.
• Professional Services shall expire one(1)year from the date of the Order ("Expiration Date"), unless
otherwise mutually agreed upon by the parties in writing. For clarity, Deployment Services not initiated or
initiated but not completed by the Expiration Date shall expire.
Appendix - Report Types Setup
Outcome: RMS-Additional Reports Setup
Description
The review and configuration of select fields,attributes, rules and/or settings of any Additional Reports in the RMS.
Stop Report Setup
• Stop Card • Default Settings
o Note: Fields available could be o Name of the Report
subject to local/state o Abbreviation
requirements o Display Title Format
o Report History Settings
o Levels of Approval
o Creation Restriction Settings
o Record ID / Number Sequence
Formatting
o User/Role Permissions
Field Contact Report Setup
• Field Contact Card • Default Settings
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Vj MARK43
o Field Contact Type o Name of the Report
c Primary Reason for Contact/ 0 Abbreviation
Stop o Display Title Format
c Field Contact Disposition o Report History Settings
o Levels of Approval
o Creation Restriction Settings
o Record ID/ Number Sequence
Formatting
o User/Role Permissions
Citation Report Setup
• Citation Card • Default Settings
o Citation Number o Name of the Report
o Issued Date/Time o Abbreviation
o Citation Type o Display Title Format
o Posted Speed a Report History Settings
o Actual Speed a Levels of Approval
o Charge Offense o Creation Restriction Settings
o Citation Statistics o Record ID/ Number Sequence
Formatting
o User/Role Permissions
Traffic Collision Report Setup
• Traffic Collision Card • Default Settings
• Citation Number a Name of the Report
▪ Issued Date/Time o Abbreviation
• Citation Type o Display Title Format
• Posted Speed o Report History Settings
• Actual Speed o Levels of Approval
• Charge Offense c Creation Restriction Settings
• Citation Statistics c Record ID/ Number Sequence
Formatting
o User/Role Permissions
Missing Persons Report Setup
• Missing Persons Card • Default Settings
o Date/Time of Last Contact a Name of the Report
o Missing Person Type o Abbreviation
o Missing Person Criticality o Display Title Format
o Missing Person Status o Report History Settings
o Closure Date o Levels of Approval
o Additional Information o Creation Restriction Settings
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' MARK43
o Record ID/ Number Sequence
Formatting
o User/Role Permissions
Towed Vehicle Report Setup
• Tow Vehicle Card • Default Settings
o Tow Vehicle Status o Name of the Report
o Remarks and Conditions of o Abbreviation
Vehicle o Display Title Format
o Tow Company Called o Report History Settings
o Time Tow Company Called o Levels of Approval
o Time Vehicle was Towed o Creation Restriction Settings
o Reason for Tow o Record ID / Number Sequence
o Owner Contact Attempt Formatting
o If Owner Contact Attempt Yes- o User/Role Permissions
o Additional Notes
Impound Report Setup
• Impound Card • Default Settings
P g
o Time Entered o Name of the Report
o NCIC Stolen Vehicle o Abbreviation
o Local? o Display Title Format
o Time Canceled o Report History Settings
o NCIC Recovered Vehicle o Levels of Approval
o Local o Creation Restriction Settings
o Keys in Vehicle o Record ID / Number Sequence
o Vehicle Locked Formatting
o User/Role Permissions
Behavioral Crisis Report Setup
• Behavioral Crisis Card • Default Settings
o Contact Start Date c Name of the Report
o Contact End Date o Abbreviation
o CIT Officer Requested o Display Title Format
o CIT Officer Dispatched o Report History Settings
o CIT Officer Arrived o Levels of Approval
o Exhibiting Behavior o Creation Restriction Settings
o Explain Other Exhibiting o Record ID / Number Sequence
Behavior Formatting
o Weapon or Force Involved o User/Role Permissions
o Explain Other Weapon
o Techniques Used
o Explain Other Techniques Used
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V7 MARK43
o Crisis Disposition
Community Information Report Setup
• Community Information Card • Default Settings
o Reason for Contact o Name of the Report
o Disposition o Abbreviation
o Type(s) of Information o Display Title Format
o Information Obtained From o Report History Settings
o Levels of Approval
o Creation Restriction Settings
o Record ID/ Number Sequence
Formatting
o User/Role Permissions
Use of Force Report Setup
• Use of Force Fields • Default Settings
o Note: Fields available could be o Name of the Report
subject to local/state o Abbreviation
requirements o Display Title Format
o Report History Settings
o Levels of Approval
o Creation Restriction Settings
o Record ID/ Number Sequence
Formatting
o User/Role Permissions
Additional Supplement(4-NEW) Report Setup
• Supplement Card • Default Settings
o Supplement Type o Name of the Report
• Involved Profiles Card a Abbreviation
o Involvement Type o Display Title Format
o Report History Settings
o Levels of Approval
o Creation Restriction Settings
o Record ID / Number Sequence
Formatting
o User/Role Permissions
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
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• Attend configuration sessions to setup the • Host configuration sessions to setup the
application with the relevant decision makers application
and SMEs • Review and explain how fields,attributes, rules
• If necessary, explain current operational and admin settings described above can be
practices and procedures configured
• Make final configuration selections for field • Provide best practices to the SUBSCRIBER for
names, attributes, rules and admin settings application setup based on operational
described above practices
• Complete any required templates to support the • Assist SUBSCRIBER with initial configuration of
application setup fields,attributes, rules and admin settings
• Set aside time to work through the Practice described above
Scenario examples after the application is set • Provide any required templates to support the
up application setup
o Update the Configuration Validation • Provide Practice Scenario examples after the
Checklist application is initially setup
• Provide the Configuration Validation checklist
after the application is initially setup
Appendix - Training
Outcome: Training
Description
Mark43 offers direct end-user training sessions where all agency individuals are trained by Mark43.
Mark43 RMS: Reports Module Train-the-Trainer
This training session will teach attendees about the • 18 hours total (3 sessions- 6 hours each)
Reports Module in Mark43 RMS. • Training will be delivered on-site.
• Maximum attendees of 15.
• After completing this course,you will know how • The same 15 attendees will attend all three
to: sessions.
o Write an Offense/Incident,Arrest, and • Day 1 &2 consists of instruction and scenarios
Supplement report • Day 3 consists of role play.
o Search and filter reports
o Navigate through the Reports
Dashboard
Mark43 RMS: Cases Module Train-the-Trainer
This training session will teach attendees about the • 6 hours total (2 sessions-3 hours each)
Cases Module in Mark43 RMS. • Training will be delivered on-site.
• Maximum attendees of 15.
• After completing this course,you will know how • The same 15 attendees will attend all three
to: sessions.
o Navigate through the Cases Dashboard • Day 1 consists of instruction and scenarios
o Create a case from the Offense/Incident • Day 2 consists of role play.
report
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o Create a case from the Cases Module
Mark43 RMS: Evidence Module Train-the-Trainer
This training session will teach attendees about the • 6 hours total (2 sessions-3 hours each)
Evidence Module in Mark43 RMS. • Training will be delivered on-site.
• Maximum attendees of 15.
• After completing this course,you will know how • The same 15 attendees will attend all three
to: sessions.
o Add, submit, and move evidence • Day 1 consists of instruction and scenarios
o Maintain chain of custody • Day 2 consists of role play.
o Disposition evidence
o Print item labels and export information
o Use the Evidence Mobile App
Mark43 CAD: Dispatch Train-the-Trainer
This training session will teach telecommunicators how • 18 hours total (3 sessions- 6 hours each)
to navigate and use Mark43 CAD. • Training will be delivered on-site.
• Maximum attendees of 15.
• After completing this course,you will know how • The same 15 attendees will attend all three
to: sessions.
o Navigate through Mark43 CAD • Day 1 &2 consists of instruction and scenarios
o Add a new call taking entry • Day 3 consists of role play.
o Use the Events and Units Queues
o Utilize the Map
o Use the command line
Mark43 CAD: First Responder Train-the-Trainer
This training session will teach attendees about First • 6 hours total (2 sessions-3 hours each)
Responder Mode in Mark43 CAD. • Training will be delivered on-site.
• Maximum attendees of 15.
• After completing this course,you will know how • The same 15 attendees will attend all three
to: sessions.
o Assign yourself to events and search for • Day 1 consists of instruction and scenarios
CAD events • Day 2 consists of role play.
o Use the Self-Initiate/Active Assignment
window
o Navigate the Map, DEx, and More
Options Menu
o Send Messages and use the Units List
o Review OnScene App functionality (if
applicable)
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Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Provide training space to train individuals, e.g. • Mark43 will provide access to our knowledge
computer lab,training room, and the like,for all portal.
scheduled training sessions. • Mark43 will provide access to agency
• The training space will need to be equipped with individuals to our Learning Management
a projector so Mark43 personnel can use it to System (Mark43 Academy).
• Mark43 will provide standardized training
share their screen with the attendees. For all agendas,training worksheets, and scenarios to
remote training sessions,the agency will need the subscriber. Note: Mark43 will not update
to supply speakers so the attendees can hear these training materials after the determined
the session. go-live date. The SUBSCRIBER will need to do
• Internet connection and computers and mobile this on their own.
devices (if required)for trainees to use during • Mark43 will conduct the number of training
training. sessions identified in this SOW.
• Subscriber will need to ensure that Chrome or • Mark43 will partner with the subscriber to
Edge is installed on all computers as this is the solidify dates and times of all training sessions,
including weekend and overnight training
preferred browser. sessions.
• Each trainee attending the session will need
their own computer station.
• Agency provides a participant roster to Mark43
no less than 2 weeks before on-site training
begins.
• Before training occurs,the agency must ensure
all users have accounts and correct roles in the
Mark43 system
• Subscriber will need to ensure all trainees have
logged in successfully to the appropriate
Mark43 software.
• For any additional training outside of what is
defined within this SOW,the subscriber should
follow the Change Control Process outlined in
the Change Control section to request
additional training services.
Outcome: Direct End User Training
Description
Mark43 offers direct end-user training sessions where all agency individuals are trained by Mark43.
Mark43 RMS: Reports Module
This training session will teach attendees about the • 4 hours total
Reports Module in Mark43 RMS. • Training will be delivered on-site
• Maximum attendees of 30
• After completing this course,you will know how
to:
o Write an Offense/Incident,Arrest, and
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Supplement report
c Search and filter reports
o Navigate through the Reports
Dashboard
Mark43 RMS: Cases Module
This training session will teach attendees about the • 2 hours total
Cases Module in Mark43 RMS. • Training will be delivered on-site
• Maximum attendees of 30
• After completing this course,you will know how
to:
o Navigate through the Cases Dashboard
o Create a case from the Offense/Incident
report
c Create a case from the Cases Module
Mark43 RMS: Evidence Module
This training session will teach attendees about the • 2 hours total
Evidence Module in Mark43 RMS. • Training will be delivered on-site
• Maximum attendees of 15
• After completing this course,you will know how
to:
o Add, submit,and move evidence
o Maintain chain of custody
o Disposition evidence
o Print item labels and export information
o Use the Evidence Mobile App
Mark43 RMS: Records& System Admin
This training session will teach attendees about the • 2 hours total
Records &System Admin functions in Mark43 RMS. • Training will be delivered on-site
• Maximum attendees of 15
• After completing this course,you will know how
to:
c Approve and validate reports
c Seal,vacate, and expunge reports
c Merge profiles
c Manage users, roles, and abilities
c Manage reports and attributes
Mark43 RMS: Compliance
This training session will teach attendees about • 2 hours total
Compliance and NIBRS in Mark43 RMS. • Training will be delivered on-site
• Maximum attendees of 15
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• After completing this course,you will know how
to:
o Understand the difference between UCR
Summary and basic NIBRS reporting
o Have a good understanding of what the
minimum IBRS requirements are to
submit a report to the FBI
o Understand NIBRS property status rules
o Understand jurisdictional reporting rules
o Understand mutually exclusive offense
rules
o Understand victim/suspect relationship
card rules
o Locate and correct errors on
Incident/Offense Reports and Arrest
Reports in the Mark43 RMS
Mark43 RMS: Warrants
This training session will teach attendees about the • 2 hours total
Warrants Module in Mark43 RMS. • Training will be delivered on-site
• Maximum attendees of 15
• After completing this course,you will know how
to:
o Navigate through the Warrants Module
o Add and work with Warrants
o Fill out the Warrants cards
Mark43 CAD: Dispatch
This training session will teach telecommunicators how • 6 hours total
to navigate and use Mark43 CAD. • Training will be delivered on-site
• Maximum attendees of 15
• After completing this course,you will know how
to:
o Navigate through Mark43 CAD
o Add a new call taking entry
o Use the Events and Units Queues
o Utilize the Map
o Use the command line
Mark43 CAD: System Administration
This training session will teach system administrators • 2 hours total
how to set-up and maintain Mark43 CAD. • Training will be delivered on-site
• Maximum attendees of 15
• After completing this course,you will know how
to:
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o Manage the system settings for Mark43
CAD
o Manage users,roles,and abilities
Mark43 CAD: First Responder
This training session will teach attendees about First • 2 hours total
Responder Mode in Mark43 CAD. • Training will be delivered remotely
• Maximum attendees of 30
• After completing this course,you will know how
to:
o Assign yourself to events and search for
CAD events
o Use the Self-Initiate/Active Assignment
window
o Navigate the Map, DEx, and More
Options Menu
o Send Messages and use the Units List
o OnScene App (if applicable)
Responsibilities
SUBSCRIBER Responsibilities Mark43 Responsibilities
• Provide a training space to train individuals,e.g. • Mark43 will provide access to our knowledge
computer lab,training room, and the like,for all portal.
scheduled training sessions. • Mark43 will provide access to agency
• The training space will need to be equipped with individuals to our Learning Management
a projector so Mark43 personnel can use it to System (Mark43 Academy).
• Mark43 will provide standardized training
share their screen with the attendees. For all agendas,training worksheets,and scenarios to
remote training sessions,the agency will need the subscriber. Note: Mark43 will not update
to supply speakers so the attendees can hear these training materials after the determined
the session. go-live date. The SUBSCRIBER will need to do
• Internet connection and computers for trainees this on their own.
to use during training. • Mark43 will conduct the number of training
• Subscriber will need to ensure that Chrome or sessions identified in this SOW.
Edge is installed on all computers as this is the • Mark43 will partner with the subscriber to
preferred browser. solidify dates and times of all training sessions,
including weekend and overnight training
• Each trainee attending the session will need sessions.
their own computer station.
• Agency provides a participant roster to Mark43
no less than 2 weeks before on-site training
begins.
• Before training occurs,the agency must ensure
all users have accounts and correct roles in the
Mark43 system
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Vj MARK43
• Subscriber will need to ensure all trainees have
logged in successfully to the appropriate
Mark43 software.
• For any additional training outside of what is
defined within this SOW,the subscriber should
follow the Change Control Process outlined in
the Change Control section to request
additional training services.
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