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HomeMy WebLinkAbout01/21/2020 06K Digital and Physical Evidence Tracking Software and Services - Agreement with FileOnQ a\'4\lyy bxk ik 1 " PPd +� PPP d g. P A PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.K. For Meeting of: January 21, 2020 ITEM TITLE: Resolution authorizing execution of an agreement with FileOnQ to provide digital and physical evidence tracking software and services for Yakima Police Department SUBMITTED BY: Maria Mayhue,Acting City of Yakima/Yakima County Procurement Manager Susan Knotts, Purchasing Buyer II, 575-6093 SUMMARY EXPLANATION: Yakima Police Department is in need of a modern system to facilitate input, tracking, and issuance of law enforcement evidence. YPD wishes to purchase a license for software from FileOnQ in order to use such proprietary software, as well as support, enhancements and maintenance services. City of Yakima has an I nterlocal Purchasing Agreement in place with Snohomish County, which allows the City to piggyback their existing contract with FileOnQ. The attached contract is modeled after the Snohomish County contract, and also includes additional assurances and deliverables specific to the City of Yakima. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type reso 1/9/2020 r Memo L oft are License e ce Agr ent v ith n 1/ /2020 ( retract D xhibits to Agr ent 1/ / 020 exhibit 2 3 RESOLUTION NO. R-2020- A RESOLUTION authorizing execution of an agreement with FileOnQ, Inc., to provide license for proprietary software for law enforcement evidence management and services WHEREAS, the City of Yakima and Snohomish County, Washington, entered into an Intergovernmental Cooperative Purchasing Agreement on October 10, 2013, which provides that each of the parties to the Purchasing Agreement may utilize the other party's competitively awarded contract where appropriate; and WHEREAS, Snohomish County conducted a request for proposal (RFP 20-18SB) for law enforcement evidence room software solutions and FileOnQ submitted the winning proposal as part of that competitive process; and WHEREAS, FileOnQ agrees to extend its bid to the City pursuant to the Purchasing Agreement and License such software to the City and perform the services on the terms and conditions set forth in the Software License and Services Agreement between the City of Yakima and FileOnQ pursuant to the RFP response; WHEREAS, the software, hardware, maintenance, support from FileOnQ and available budget meet the needs and requirements of the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: City Manager is hereby authorized to execute an Agreement with FileOnQ for the amount of $191,454.49 including annual support with maintenance and tax, in accordance with the Agreement. ADOPTED BY THE CITY COUNCIL this 21st day of January, 2020. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 4 SOFTWARE LICENSE AND SERVICES AGREEMENT BETWEEN CITY OF YAMMA AND FILE©NQ THIS S F AftE LI E SE AND SERVICES AGREEMENT is made this day of r , by and between the City of Yakima, a municipal corporation ( °City" or" icensee"), and FileOnQ, Inc., incorporated under the laws of the State of Washington, and duly licensed to conduct business in Washington State (the "Contractor," the "Vendor," or'File©nQn). WHEREAS,the City and Snohomish County, Washington. entered into an Intergovernmental Cooperative Purchasing Agreement on October 10, 2013, which provides that each of the parties to the Purchasing Agreement may utilize the other party's competitively awarded contracts where appropriate; and WHEREAS, that Purchasing Agreement extends to the parties the right to purchase pursuant to public bids and/or competitive solicitations for supplies, materials, equipment ,and services pursuant to such bids and contracts to the extent permitted by law and agreed upon between the awarding party and its bidders; and WHEREAS, Snohomish County conducted a request for proposal (RFP 20-18SB)for law enforcement evidence room software solutions and FileOnQ submitted the winning proposal as part of that competitive process; and WHEREAS, FileOnQ has developed and owns certain proprietary software for use in law enforcement evidence and the City desires to purchase a license from File©no to use such software, as well as support. enhancements and maintenance services, based on the RFP response provided to Snohomish County; and WHEREAS, FileOno agrees to extend Its bid to the City pursuant to the Purchasing Agreement and license such software to the City and perform the services on the terms and conditions set forth herein pursuant to the RFP response; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, the parties agree as follows: 1, Definitions A. Acceptance of the System shall occur only when: (a) the Contractor has provided to the City all Deliverables required to be provided to the City; (b) the Contractor provides to the applicable City Project Manager a written notice slating that all Material Defects have been corrected; and (c) the City notifies the Contractor in writing that ail acceptance testing for the System has been completed successfully in accordance with the Software Acceptance Plan and the terms of this Agreement. Nothing else, including payment for any portion of the System or the City's use of the System, or any portion thereof; in a live, operational environment, shall constitute Acceptance (under contract law or the Uniform Commercial Code of the State of Washington) of any portion of the System. B. Critical Defect means any Defect that (1) severely impacts the City's ability to use the Software or the System or the Contractor's ability to provide Services, or (2) has a significant financial impact on the City, 5 C. Custom Software means those Deliverables that are classified in Exhibit C as Custom Software, as well as the documentation related thereto; an exhaustive list of Custom Software is set forth in Exhibit C. Custom Software shall be considered Work Product. D. Defect means (1) any failure of the Software to operate in accordance with the Documentation, Functional Specifications, or Performance Standards; and/or (2) any failure of the Contractor to perform the Services in accordance with the Service Level Standards. E. Deliverable means the Hardware, Software, Documentation, and Services to be delivered under this Agreement. F. Documentation means collectively: (a) all of the written, printed, electronic, or other format materials published or otherwise made available by the Contractor that relate to the functional, operational and/or performance capabilities of the System and/or any Software; (b) all user, operator, system administration, technical, support, and other manuals and all other written, printed electronic, or other format materials published or otherwise made available by the Contractor that describe the functional, operational, and/or performance capabilities of the System and/or any Software, including but not limited to the Functional Specifications and Software Acceptance Plan; and (c) any other Deliverable that is not Hardware or Software. Documentation shall not include Source Code. G. Functional Specifications shall mean those specifications to which the Software and the System shall conform as set forth in Exhibit D. H. Hardware means those Deliverables that are classified in Exhibit B, section As Needed Equipment, as Hardware, as well as the documentation furnished therewith in the normal course of business. I. License(s) shall mean any license or licenses granted by the Contractor to the City under this Agreement. J. Material Defect means Critical Defect and/or Medium Defects. K. Medium Defect means any Defect that adversely affects the City's ability to use the Software or System or the Contractor's ability to provide services, even if an alternative temporary solution or workaround acceptable to the City may be accomplished. L. Object Code shall mean the binary machine-readable version of the Software. M. Performance Standards means, collectively the warranties and performance standards set forth in Section 10.0 and Exhibit A. N. Regulatory Requirements means compliance to the Criminal Justice Information Services (CJIS) rules. O. Services means, individually or collectively, all installation, implementation, integration, testing, development, conversion, training, consulting, Support and Maintenance Services, and any other professional or other services that may be provided by the Contractor to the City under this Agreement. P. Service Level Standards means the service level standards set forth in Section 10.D and Exhibit A. 6 Q. Site shall mean the City's facilities in the City of Yakima and Yakima County, Washington. R. Software means the aggregate of the Standard Software and the Custom Software; all upgrades, maintenance releases, bug fixes or patches, and other modifications or additions provided under this Agreement. S. Software Acceptance Plan shall mean that plan set forth in Exhibit C. T. Source Code means computer software in the form of source statements for the Software (excluding Third Party Software) including, without limitation, all software in the form of electronic and printed human-readable, mnemonic or English-like program listings, including printed and on-line descriptions of the design or such software including, without limitation, data definition models, indices, structure tables, system flow charts, program flow charts, defined terms, file layouts, program narratives, global documentation (including global variables) and program listings. U. Standard Software means those Deliverables that are classified, in Exhibit B as Standard Software, as well as the documentation furnished therewith by the Contractor or its subcontractors in the normal course of business; an exhaustive list of the Standard Software is set forth in Exhibit B. V. System means the Deliverables to be installed and integrated so as to be operational at the City Site. W. Warranty Period means the period commencing upon Acceptance and continuing for 12 months. X. Work Product means all products, devices, computer programs, techniques, know-how, algorithms, procedures, discoveries or inventions, and all materials, texts, drawings, specifications, source code and other recorded information, in preliminary or final form and on any whatsoever, that are conceived, reduced to practice, developed, discovered, authored, designed, programmed, invented or otherwise created or made by Contractor (whether solely or jointly with others) in connection with or as a result of its performance of the Services. 2. Scope of This Agreement A. Scope. This Agreement defines the terms and conditions under which the Contractor will design, develop, integrate, deliver, install, train and support the Software and other Deliverables. B. Turn-key Basis. The parties acknowledge that the performance by the Contractor of its obligations under this Agreement is to be done on a "turn-key basis." This expression is understood to mean that the Contractor is fully responsible, pursuant to the terms and conditions of this Agreement, for the delivery of the Deliverables in full conformity with the terms and conditions hereof, and that the Deliverables shall function inconformity with the performance criteria stipulated herein upon delivery, upon Acceptance of the System, throughout the Warranty Period, and throughout the term of the ongoing Support and Maintenance Services. 3. Software and Services 7 A. License Grant. The Contractor hereby grants the City a nonexclusive, nontransferable and perpetual license to use the Software and Documentation. B. Work Product. 1. Ownership. The City will be the exclusive owner of all Work Product. To the extent permitted under the U.S. Copyright Act, and any successor statute thereto, Work Product will constitute "works made for hire," and the ownership of such Work Product will vest in the City at the time they are created. In any event, Contractor hereby assigns and transfers to the City, without separate compensation, all right, title, and interest that the Contractor may now or hereafter have in the Work Product, including, without limitation, all copyright, trademark, trade secret, patent and other intellectual property and proprietary rights (collectively "Intellectual Property Rights") therein. To the maximum extent allowed, the Contractor hereby irrevocably and unconditionally waives, in perpetuity, any rights it may have with respect to the Work Product under any law relating to "the moral rights of authors" or any similar law throughout the world. The Contractor will promptly disclose to the City all Work Product. 2. Non-Employees. If any individual or entity who is not a direct employee of Contractor performs or otherwise participates in any Services, Contractor will obtain from such non-employee a legally binding, written assignment sufficient to transfer to the City all of the non-employee's rights, title and interest in and to the Work Product. Upon the City's request, Contractor will provide the City with copies of all such assignments. 3. Further Acts. Contractor, its employees, agents, subcontractors and affiliates, will take such action as the City reasonably may request to evidence, transfer, vest or confirm the City's right, title and interest in the Work Product. 4. Use. Except as required for Contractor's performance of the Services or as authorized in writing by the City, Contractor will not use, disclose, publish or distribute any Work Product. Contractor will hold all Work Product in trust for the City and will deliver them to the City upon request and in any event upon the expiration or termination of this Agreement. C. Reverse Engineering. Except as expressly provided in this Agreement, the City shall not translate, reverse engineer, decompile, recompile, update, or modify all or any part of the Software or merge the Software into any other software. D. Service Level Standards. The Contractor shall provide the Software and Services according to the performance criteria and Service Level Standards set forth in Exhibit A. E. Service Level Credits. In the event that the Contractor fails to meet the Service Level Standards, the City shall be entitled to receive from the Contractor service level credits ("Service Level Credits"), which shall be in the amounts and according to the terms set forth in Exhibit A. The City shall have the right to set off any undisputed amounts owed to the Contractor against any Service Level Credits assessed by the City against the Contractor. F. Liquidated Damages. 1. For each day after the date fixed for Acceptance of the Software that the Software do not meet the Software Acceptance Plan, the Contractor shall pay the City the sum of$720.00 per day fixed and agreed as liquidated damages, but not as a penalty. The 8 Contractor authorizes the City to deduct such liquidated damages from the amount due or to become due, under the Agreement. The Contractor further agrees that any such deduction shall not in any degree release the Contractor from further obligation and liabilities in regard to the fulfillment of the entire Agreement. 2. Notwithstanding the foregoing, liquidated damages shall not be charged when the delay in meeting the Software Acceptance Plan is due to a force majeure delay or when the City causes the delay. 3. Liquidated damages shall not exceed $191.00. In the event that the maximum amount of liquidated damages is reached, the City shall have the right, but not the obligation, to terminate the Agreement under the provisions of Section 4. 4. Term of Agreement A. Term of Agreement. The initial term of the Agreement shall commence upon execution and continue for five (5) years from the date of Acceptance of the System, and may be extended by the City for five (5) additional one (1) year option terms by providing written notice subject to termination as provided in this Agreement. 1. The Warranty Period begins at Acceptance for period of 12 months, and thereafter ongoing Support and Maintenance Services shall continue throughout the term of the Agreement. 2. The maximum term for this Agreement, consisting of the initial term and all option term(s), is ten (10) years from Acceptance unless extended by written agreement signed by all parties. 3. Notwithstanding termination of this Agreement for any reason, the Software License granted in the Agreement shall be perpetual. B. Termination 1. Termination for Default. If the Contractor defaults by failing to perform any of the obligations of the Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the City may terminate the Agreement if the Contractor has not cured following a thirty (30) day written notice to the Contractor sent certified mail, return receipt requested. If the Agreement is terminated for default, the City may obtain performance of the work elsewhere, and the Contractor shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. The Contractor shall only be paid for work delivered and accepted, or work performed in accordance with the manner of performance set forth in the Agreement less any extra cost or damages to the City caused by or arising from such default(s), which shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any reasonable extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. The termination of this Agreement for default shall in no way relieve the Contractor from any of its obligations under this Agreement. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued as a Termination for Convenience. 9 2. Termination for Convenience. The City for its convenience may terminate this Agreement, in whole or in part, at any time by providing written notice sent certified mail, return receipt requested, to the Contractor. After receipt of a Notice of Termination, and except as directed by the City, The Contractor shall immediately stop work as directed in the notice, and comply with all other requirements in the notice. Whenever the Agreement is terminated for convenience, the Contractor shall be entitled to payment for actual work satisfactorily performed up to the date of termination at unit contract prices for completed items of work and an equitable portion thereof the partially completed items, but shall not be entitled to payment for loss or anticipated profit on deleted or uncompleted work. The Contractor shall promptly submit its request for termination payment, together with detailed supporting documentation. If the Contractor has any property in its possession belonging to the City, the Contractors shall account for the same and dispose of it in the manner the City directs. All termination payment requests may be subject to determine reasonableness and compliance with the Agreement, applicable laws and regulations. 3. Termination for Non-Appropriation. In the event that sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City may terminate this Agreement as a matter of public convenience as provided herein. The City will not be obligated to make payments for services or amounts incurred after the end fo the current fiscal period, provided the City provides the Contractor written notice prior to the end of the current fiscal period that non-allocation of funds is probable and provides a Notice of Termination within 14 days after the end of the fiscal period. 4. Effect of Termination. The termination of this Agreement shall not affect the accrued rights of the City under any other section or paragraph of this Agreement or limit the rights and remedies of the City hereunder in any manner. 5. Acceptance Testing. A. Within thirty (30) days of the Contractor providing notice to the City that the System has been installed and City personnel have been trained in accordance with the Agreement, the City shall begin the acceptance testing process at the City Site according to the Software Acceptance Plan. B. The acceptance testing shall include thirty (30) days of continuous operation of the System without Material Defect in accordance with all Functional Specifications, Performance Standards, and Documentation in the City's fully implemented production environment. C. If the City Accepts the work, the City will send a notice of Acceptance to the Contractor. D. If the City determines that the work is not acceptable, the City shall notify the Contractor in writing, describing the deficiencies. E. The Contractor shall either provide a detailed, written plan to achieve Acceptance or to make correction or replacements within a mutually agreed upon time with no charge to the City. The parties shall mutually agree on a start date for beginning another Acceptance testing period. 10 F. Another thirty (30) day successful operation period shall follow any corrections or replacements. A third or additional Acceptance testing period may occur if mutually agreed to by the parties. G. If the City Accepts the System following a second or subsequent Acceptance testing period, the City will send a notice of Acceptance to the Contractor. H. If the Contractor does not correct or replace the unacceptable aspects of the System, the City may declare a breach of the Agreement. 6. Price and Payment. A. The City shall pay the Contractor One Hundred Ninety-One Thousand Four Hundred Fifty-Four and 49/100ths dollars ($191,454.49), inclusive of applicable tax for the Deliverables required to be provided by the Contractor through the end of the Warranty Period as stated in the schedule of payments described in Exhibit B. Annual recurring charges for Support and Maintenance Services in year 2 shall not exceed $8,990.00 plus applicable tax per year. This dollar amount is subject to a two percent annual increase, plus applicable tax for the remaining years of the Agreement. B. Where the Contractor requires payments by the City, payment shall be based upon billings, supported by documentation of units of work actually performed and amounts earned, including where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested. Unless specifically stated in Exhibit B, or approved in writing in advance by the official executing this Agreement for the City (hereinafter referred to as the "Contracting Officer"), the City will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this Agreement. C. The City shall, upon receipt of appropriate documentation, compensate the Contractor no more often than monthly, through the City system for the Contractor's service pursuant to Exhibit B. Payment shall be made on a net thirty (30) day basis. This is a "Fixed- Price" contract based upon the Deliverables identified in Exhibit B. D. Dispute. Should the City dispute any of the charges, it shall notify Contractor of such disputed charges in writing. The notice shall set forth all details concerning the disputed charges and reasons for the dispute. The Contractor and the City shall attempt in good faith to resolve any objection to the invoiced amount prior to the payment due date. The City shall pay the invoiced amount minus the disputed amount on the due date of the original invoice. If the dispute is subsequently resolved in favor of the Contractor, the Contractor shall re-invoice the disputed amount owned, and the City shall pay all amounts agreed or found to be owing to the Contractor within thirty (30) days of the date of the reissued invoice. 7. Support Services. Training. Contractor will provide on-site training of City's evidence staff for a minimum of four days. Contractor shall train evidence staff in the property and evidence unit if possible to provide "hands-on" training experience. Training will include training materials and written processes. Contractor will assess the City's current evidence management policies and procedures and make appropriate recommendations as requested. The City will ensure the appropriate 11 evidence personnel are available for the training on site without interruption that would take them away from training. Contractor will create a personalized, recorded training video for the City to deploy to sworn personnel. Contractor will also provide written training documents and power point presentation for disbursement to sworn personnel. If necessary, the Contractor will provide five (5) in person training sessions for sworn personnel to be conducted in a lecture type environment. Installation services. Contractor will install and configure the EvidenceOnQ and DigitalOnQ software and peripheral hardware in the test environment and/or production environment. To streamline the process, the software systems may be installed into the City's production environment, giving them a test database to use in initial testing and then keep in place for testing any future upgrades. The City will ready network and servers for installation of EvidenceOnQ and DigitalOnQ software components as detailed in System Requirements Verification Form. City will provide the appropriate IT personnel with the administrative rights necessary to assist Contractor with the installation and configuration of the software and related hardware as detailed above. Hardware and Software Support and Maintenance Services. Contractor will provide maintenance and support services as outlined in Exhibit B attached. 8. Confidentiality and Public Disclosure. A. Confidential Data. The Contractor acknowledges that it may be provided access to confidential data of the City that is not subject to public disclosure pursuant to Washington State RCW Chapter 42.56 (the Public Disclosure Act). The Contractor shall use its best efforts: (1) not to, at any time, disclose or disseminate confidential data provided by the City to the Contractor to any other person, firm, organization, or employee who does not need to obtain access thereto consistent with the Contractor's obligations under this Agreement; (2) not to disclose or disseminate such confidential data to any third party not affiliated with this Agreement or for any other purpose not required by the Agreement; and (3) to ensure that all persons working for the Contractor, or provided access to the City's data for any reason, protect the City's confidential data against unauthorized use, dissemination, or disclosure. The Contractor's obligations under this section shall not apply to any information that is or becomes available without restriction to the general public by acts attributable to the City or its employees. B. Public Records Act. This Agreement and all public records associated with this Agreement shall be available from the County for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that public records then in the custody of the Contractor are needed for the City to respond to a request under the Act, as determined by the City, the Contractor agrees to make them promptly available to the City. IF the Contractor considers any portion of any record provided to the City under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the Contractor shall clearly identify any specific information that it claims to be confidential or proprietary. If the City receives a request under the Act to inspect or copy the information so identified by the Contractor and the City determines that release of the 12 information is required by the Act or otherwise appropriate, the City's sole obligation shall be to notify the Contractor (a) of the request and (b) of the date that such information will be released to the requester unless the Contractor obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the Contractor fails to timely obtain a court order enjoining disclosure, the City will release the requested information the date specified. The City has, and by this section assumes, no obligation on behalf of the Contractor to claim any exemption from disclosure under the Act. The City shall not be liable to the Contractor for releasing records not clearly identified by the Contractor as confidential or proprietary. The City shall not be liable to the Contractor for any records that the City releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. C. Contractor shall indemnify and hold harmless the City, its officials, agents and employees from all loss or expense, including, but not limited to settlements, judgments, set- offs, attorneys' fees and costs resulting from Contractor's breach of this provision. 9. Reproduction of Documentation and Object Code A. Documentation. The City shall have the right, at no additional charge, to reproduce solely for its own internal use, all Documentation furnished by the Contractor pursuant to this Agreement regardless of whether such Documentation is copyrighted by the Contractor. All Copies of Documentation made by the City shall include any proprietary notice or stamp that has been affixed by the Contractor. Contractor shall furnish for each license purchased by the City, and at no additional charge to the City, one (1) copy of the documentation sufficient to enable the City to operate the Software. All documentation shall be in the English language. B. Object Code. The City may reproduce one copy of the Object Code, at no additional charge, solely for back-up or archival purposes. 10. Warranty Provisions. Unless otherwise extended or limited, the warranties and commitments contained in this Section shall remain in full force and effect throughout the term of this Agreement. A. General Warranties. Contractor warrants that it owns all rights, title, and interest in and to the Software, or that in the case of any third party software that it has the right to grant a sublicense to use such third party software, that all Software shall conform to the Functional Specifications and Documentation, and that the Software and Services shall be free from material defects in workmanship and materials. This warrant coverage shall include any modifications made to the Software by the Contractor and shall survive the expiration or termination of this Agreement. B. System. The Contractor represents and warrants to the City that the System shall function without Defect in accordance with the applicable specifications, Performance Standards, and Documentation. C. Software Performance. Contractor represents and warrants to the City that the Software or System, as applicable, shall meet the Performance Standards set forth in Exhibit A, including the maximum response times and availability. The contractor shall correct any failure of the applicable Software and/or System to operate in accordance with the performance 13 warranties set forth in this Section by providing all additional software, equipment, and/or services to the City at no additional cost to the City. In the event that the Contractor is unable to correct such failure within a forty-eight (48) hour period the City shall receive from the Contractor credits in the amounts set forth in Exhibit A. In the event the Contractor is unable to correct such failure within thirty (30) calendar days, an Event of Default shall be deemed to have occurred. D. Services. The Contractor represents and warrants to the City that it shall perform the Services and provide the Deliverables required by this Agreement in a workmanlike manner, in accordance with the standards of care and diligence and the level of skill, knowledge, and judgment normally practiced by nationally recognized information technology services firms in performing services of a similar nature. Provided, however, that where this Agreement specifies a particular standard or criteria for performance, this warranty is not intended to and does not diminish that standard or criteria for performance. Further, the Contractor represents, warrants, and covenants that it shall provide the services or create any Deliverables using only proven current technology or methods unless otherwise mutually agreed by the parties in a particular statement of work or Exhibit. E. Documentation. The Contractor represents and warrants to the City that it has provided to the City all Documentation for the Software and the System and that such Documentation is detailed and complete and accurately describes the functional and operational characteristics of the Software and the System. The Contractor further represents and warrants that it will provide to the City updated versions of all such Documentation when it provides updates and other required Maintenance Services and that all such updated Documentation will be complete and accurate and will be at least as detailed as the Documentation issued to the City with the initial version of the Software and the System. The warranty and commitments contained in this Section shall remain in full force and effect for as long as the City continues to receive Support and Maintenance Services from the Contractor. F. Contractor. Warrants that the Software will be compatible with the City's technical environment, including hardware, operating system(s), software application(s), CPUs, and networks specified by the City. G. Future Compatibility. Contractor warrants that all updates, upgrades, and revisions to the Software furnished hereunder will be implemented in such a manner as to maintain backward compatibility with the previous version or release of the Software furnished under the Agreement, so that such previous versions or releases shall continue to be operable with the Software as updated, upgraded, or revised, in materially the same manner and with materially equivalent performance. Without limiting the foregoing, Contractor further warrants that future Support, Maintenance, and other Services will not degrade the Software, cause a breach of any other warranty, or require the County to purchase new or additional hardware or software for continued operation of the Software or System. H. Software Obsolescence. The Contractor acknowledges that the City is making a significant resource commitment in order to acquire the Software and that the City does not want to move involuntarily to a new system at a later date. Having acknowledged the foregoing, the Contractor represents and warrants to the City that it will continue to enhance the Software (meaning adding new feature and functionality, in addition to ordinary course defect 14 corrections), as long as the City continues to receive Maintenance and Support Services from the Contractor. I. Latest Versions. Contractor warrants that all Software as delivered will be the most current release or version that the Contractor has made commercially available to its customers, unless the City, after being advised by the Contractor of the availability of a newer release or version, expressly elects to acquire and deploy an older one. J. Virus Warranty. The Contractor warrants that the Software does not contain any malicious code, program or other internal component (e.g., computer virus, computer worm, computer time bomb, or similar component), that could damage, destroy, or alter any computer program, firmware, or hardware or which could, in any manner, reveal damage, destroy, or alter any data or other information accessed through or processed by the Software in any manner. The Contractor shall immediately advise the City, in writing, upon reasonable suspicion or actual knowledge that the Software may result in the harm described above. The Contractor shall indemnify and hold the City harmless from any damage resulting from the harm described above. This warranty shall survive the expiration or termination of this Agreement. K. Disabling or Restrictive Code. Without limiting any other provision to the Agreement, the Contractor warrants that the Software does not contain and the Contractor will not introduce any code, date block, time-bomb, Trojan horse, encrypted software keys, back door, or remote disabling function that may restrict the City's use of or access to the Software or the System or related data or equipment. The Contractor understands and agrees that the City's inability to use the Software or System or its related data or equipment will cause substantial injury or harm to the public health or safety or grave harm to the public interest substantially affecting third persons. No limitation of liability, whether contractual or statutory, shall apply to a breach of this warranty. This warranty shall survive the expiration or termination of this Agreement. L. Media. Contractor warrants that through the period ending 90 days from the date of Acceptance that the media used to store and deliver the Software to the Customer shall be free from defects in manufacture and material. Should the media fail to be free of defects in manufacture or material during the warranty period, the Contractor shall replace the defective media. Defective media shipped to the Contractor with a shipping date within the warranty period will be replaced at no charge including shipping. M. Intellectual Property. The Contractor represents and warrants to the City that the City's use of the Software does not and shall not infringe upon any United States or Canadian patent, trademark, copyright, trade secret or other intellectual property, or proprietary right of any third party, and there is currently no actual or threatened suit against the Contractor by any third party based on an alleged violation of such right. This warranty shall survive the expiration or termination of this Agreement. N. Third Party Warranties and Indemnities. For any third party Software provided by the Contractor to the City, Contractor hereby assigns to the City all end-user warranties and indemnities relating to such third party Software. To the extent that the Contractor is not permitted to assign any of such end-user warranties and indemnities through to the City, the Contractor shall enforce such warranties and indemnities on behalf of the City to the extent the Contractor is permitted to do so under the terms of the applicable third party agreements. This warranty shall survive the expiration or termination of this Agreement. 15 O. Authority. Each Party represents and warrants to the other that it has the right to enter into this Agreement. Contractor further represents and warrants that there are no outstanding assignments, grants, licenses, encumbrances, obligations, or agreements (whether written, oral, or implied) that are inconsistent with this Agreement and the rights granted or transferred herein. This warranty shall survive the expiration or termination of this Agreement. P. Privacy. Contractor acknowledges that the City data may contain personal data, health data, and/or medical records data, the use of which data is subject to various Privacy Laws, including all state, federal, and international laws and regulations and state, federal, and national government agency orders and decrees to which the City may be subject ("Privacy Laws"), as well as certain restrictions imposed on the City data by the data subjects or other third party data providers. The Contractor agrees to strictly abide by all such restrictions pertaining to the City data, as they are promulgated and applied, currently and in the future. Furthermore, Contractor shall in good faith execute any and all agreements that the City is required to have the Contractor execute in order that the City may comply with any Privacy Laws. If the Contractor's use (whether directly or indirectly) of the City data is contrary to any Privacy Law, or contrary to any of the restrictions set forth in this Agreement, the City shall have the right o: (1) terminate this Agreement for cause if such breach has not been cured within five (5) days of receipt by the Contractor of written notice, and (2) pursue any other legal and equitable remedies. Q. Regulatory Requirements. Contractor represents and warrants to the City that the Software meets and satisfies all Regulatory Requirements. Contractor further warrants that the Contractor, its employees, agents, and subcontractors shall comply with the Regulatory Requirements. 11. Indemnification. A. General Indemnification. The Contractor shall hold harmless from and indemnify the City, its elected and appointed officials, employees, volunteers and agents, against all claims, losses, suits, actions, costs, attorneys' fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property of any person or party and/or any death, injury or disability to or of any person or party, including any employee, arising out of or suffered, directly or indirectly, by reason of the performance of this Agreement or any act, error or omission of the Contractor, Contractor's employees, agents, or subcontractors, whether by negligence or otherwise; provided, that if the claims for damages arise out of bodily injury to persons or damage to property and caused by or result from the concurrent negligence: (1) of the City and its elected or appointed officials, employees, volunteers, or agents, and (2) the Contractor and its agents, employees, or subcontractors, the hold harmless and indemnity provisions of this Agreement shall be valid and enforceable only to the extent of the negligence of the Contractor, its agents, employees, or subcontractors. The Contractor's obligations hall include, but not be limited to, investigating, adjusting, and defending all claims alleging loss from action, error, or omission or breach of any common law, statutory or other delegated duty by the Contractor, Contractor's employees, agents, or subcontractors. With respect to the performance of this Agreement and as to claims against the City, its officers, agents, volunteers, and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and any similar law of any other jurisdiction, for injuries to its employees and agrees that the obligations to indemnify, 16 defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. B. Patent and Other Proprietary Rights Indemnification 1. Indemnification. Contractor will indemnify and hold the City harmless from and against any and all claims, losses, liability, damages, costs, and expenses (including attorneys' fees, expert witness fees, and court costs) directly or indirectly arising from or related to any actual or alleged infringement (including contributory infringement), misappropriation, or violation of any third party's patents, copyrights, trade secret rights, trademarks, or other intellectual property or proprietary rights of any nature in any jurisdiction in the world, resulting from the use of the Software by the City. If the City's continued use of the Software is restricted or prohibited as a result of any such infringement, misappropriation, or violation of third party rights, the Contractor shall, at the City's option and at no charge to the City, and in addition to the City's other rights and remedies, (1) secure for the City the right to continue using the Software as allowed under this Agreement, (2) modify or replace the infringing components of the Software so that they are non-infringing with no loss or degradation of features, functionality, or performance, or (3) refund to the City all amounts paid by the City for the Software. 2. Exclusions. Notwithstanding the foregoing, the Contractor will not be obligated to indemnify the City to the extent that an infringement or misappropriation claim is based upon (1) use of the Software in breach of this Agreement, if such infringement or misappropriation would not have occurred but for such breach; (2) use of the Software in combination with other products not supplied or recommended by the Contractor or specified by the Contractor as being compatible with the Software, if such infringement or misappropriation would not have occurred but for such combined use; (3) use of any release of the Software other than the most current release made available to the City, if the most current release was furnished to the City specifically to avoid such infringement or misappropriation ad if such infringement or misappropriation would have been avoided by use of the most current release; or (4) any modification of the Software made by the City (other than at the Contractor's direction), if such infringement or misappropriation would not have occurred but for such modification. 12. Insurance. A. No Limitation. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by insurance or to limit the City's recourse to any remedy indemnification and payment to the City under the terms of a required insurance policy. B. Minimum Scope of Insurance and Limits. The Contractor shall obtain and maintain continuously and or the duration of the Agreement, and for three years following termination, the following insurance: 1. Commercial General Liability Insurance with a minimum limit of$2,000,000 per occurrence, $2,000,000 general aggregate, and endorsed to include the City of Yakima, its officers, elected and appointed officials, agents, volunteers and employees as an additional insured with respect to the work performed for the City. Insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent coverage. 17 2. Worker's Compensation Coverage as required by the industrial insurance laws of the State of Washington. The Contractor's obligations hall extend to itself and any subcontractors working on behalf of the Contractor and must be obtained before performing any work under the Agreement. The City will not be responsible for payment of workers' compensation premiums or for any other claim or benefit for the Contractor, its employees, consultants, or subcontractor that might arise under the Washington State Industrial Insurance laws. 3. Technology Errors & Omission (E&O) Insurance including but not limited to security and privacy liability with minimum limit of$5,000,000 each claim. The policy shall have a retroactive date prior to or coincident with the date of the Agreement, and the Contractor shall maintain coverage from the duration of the Agreement and for three years following termination of the Agreement. 4. Information Technology—Cyber Liability (Network Security Liability and Privacy Liability) with minimum limit of$5,000,000 per occurrence and in the aggregate. Coverage shall include, but not be limited to, coverage for any actual or alleged breach of duty, neglect, error, act, mistake, omission, or failure arising out of Contractor's internet and network activities including coverage for, but not limited to, the following events: an attack that has the intent to affect, alter, copy, corrupt, destroy, disrupt, damage, or provide unauthorized access or unauthorized use of City's or Contractor's computer system; computer crime or information theft; denial of service; extortion; introduction, implantation, or spread of a computer virus; loss of service; identify theft; infringement; electronic data loss and restoration; unauthorized access or use, including the gaining of access to Contractor's or City's computer systems by an unauthorized person or persons or an authorized person in an unauthorized manner. Coverage shall include notification and other expenses incurred in remedying a privacy breach and costs to investigate and restore data. C. Other Insurance Provisions. 1. The Contractor's insurance coverage shall be placed with insurance carriers licensed to do business in the state of Washington with a current A.M. Best rating of not less than A:VII. 2. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance or self-insurance coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. The City reserves the right to receive a certified copy of required insurance policies and to approve any deductible. 3. The Contractor's insurance shall be endorsed to state that the insurer shall provide at least thirty days prior written notice by certified mail, return receipt requested, of any impending cancellation, non-renewal, expiration, or reduction in coverage. 4. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City reserves the right to receive a certified copy of required insurance policies and to approve any deductible. 13. Obligations that Survive Termination. 18 In addition to any other specific provisions that so state, the parties recognize and agree that their obligations under Sections 6 (Price and Payment), 8 (Confidentiality and Public Disclosure), 11 (Indemnification), 15 (Assignment and Transfer), 16 (Independent Contractor), 18 (Compliance with Laws, 21 (Governing Law and Venue), 22 (Applicability of Uniform Commercial Code), 23 (No Waiver), 26 (Covenant of Good Faith), 28 (Third Party Beneficiaries), 29 (No Construction Against Drafter), and 31 (Records) of this Agreement survive the cancellation, termination, or expiration of this Agreement. 14. Amendments. No modification or amendment to this Agreement will be valid or binding unless reduced to writing and duly executive by authorized representatives of both parties. 15. Assignment and Transfer. No party may assign, delegate, or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the other party, which may be granted or withheld in the other party's sole discretion. In the event that Contractor assigns, or otherwise transfers this Agreement, or any part hereof, or delegates any of its duties hereunder to any third party or affiliate and, within eighteen (18) months after such transfer, the City, in its sole discretion, is not satisfied with the level of service provided under this Agreement, the City shall have the right to terminate this Agreement for convenience and transition to a new vendor. All Services provided by Contractor's assignee during the transition period shall be provided at no cost. 16. Independent Contractor. All work performed by the Contractor in connection with the Software and/or Services described in this Agreement shall be performed by the Contractor as an independent contractor and not as the agent or employee of the City. All persons furnished by the Contractor shall be for all purposes solely Contractor's employees or agents and shall not be deemed to be employees of the City for any purpose whatsoever. The Contractor shall furnish, employ, and have exclusive control over all persons to be engaged in performing Services under this Agreement and shall prescribe and control the means and methods of performing such Services by providing adequate and proper supervision. The Contractor shall be solely responsible for compliance with all rules, laws, and regulations relating to employment of labor, hours of Social Security, and other payroll taxes including applicable contributions from such persons when required by law. 17. Acceptance and Removal of Contractor Personnel and Subcontractors. All Contractor personnel, representatives, agents and subcontractors assigned to perform Services hereunder will be subject to acceptance by the City in the City's sole discretion. Services will be performed at a location specified by the City. The City in its discretion may request removal of any Contractor personnel, representative, agents or subcontractor providing Services hereunder, and Contractor will remove said personnel or subcontractor in accordance with each such request. The City may immediately remove any Contractor personnel, representative, agents or subcontractor in the City's sole discretion. Contractor will manage the transition of replacement personnel or subcontractor to minimize impact on any given project. Contractor may not subcontract the Services or any portion of the Services under this 19 Agreement to any third party (including any independent contractor) without the prior written consent of the City, which consent may be withheld in the City's sole discretion. If the City consents to the use of a subcontractor, then (1) Contractor guarantees the subcontractor's performance, (2) Contractor remains obligated under this Agreement for the performance of the subcontracted Services, (3) Contractor must enter into a written agreement with the subcontractor obligating the subcontractor to comply with the Contractor's obligations under this Agreement, and (4) the City has no obligations under this Agreement to the subcontractor and the subcontractor has no rights or remedies against the City under this Agreement or otherwise. Contractor may not impose on the City a surcharge for any subcontractor fees. 18. Compliance with Laws. The Contractor shall comply with all applicable federal, state, county, city and local laws, ordinances, regulations, and codes including, but not limited to its obligations as an employer with regard to health, safety, and payment of its employees, and identification and procurement of required permits, licenses, certificates, approvals and inspections in the Contractor's performance of this Agreement. 19. Other Public Agency Orders. The Washington State Interlocal Cooperation Act, chapter 39.34 RCW, provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contractors issued by other public agencies. 20. Non-Discrimination. It is a policy of the City to reject discrimination which denies equal treatment to any individual because of his or her race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability as provided in Washington's Law Against Discrimination, Chapter 49.60 RCW. These laws protect against specific forms of discrimination in employment, credit transactions, public accommodation, housing, city facilities and services, and contracts. The City assures that no persons shall on the grounds of race, color, national origin, or sex as provided by the Civil Rights Act of 1964 (Pub. L. No. 88-352), as amended, and the Civil Rights Restoration Act of 1987 (Pub. L. No. 100-259) be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City sponsored program or activity. 21. Security, Access, and Safety Requirements. The Contractor shall instruct its employees, agents, and subcontractors that they shall comply with the City's security, access, and safety requirements for the protection of the City's facilities and employees while on the City's premises. 22. Governing Law and Venue. The validity, construction, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of Washington, except as to 20 its principals of conflicts of laws, and the parties hereto submit to the exclusive venue of the Superior Court, Yakima County, Washington, to resolve any disputes arising hereunder or related hereto, except that the City may waive the venue provision and submit a dispute to any state superior court or federal district court of competent jurisdiction in the State of Washington. 23. Applicability of the Uniform Commercial Code. To the extent this Agreement entails the delivery of Software or software products, such Software or software products shall be deemed "goods" within the meaning of Article 2 of the Uniform Commercial Code, Title 62A RCW, except when deeming services as "goods" would cause an unreasonable result. This Agreement shall control where there is a conflict with the UCC. 24. No Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded to the City under this Agreement, nor shall any such action or failure to act by the City constitute an approval of, or acquiescense in, any breach hereunder except as may be specifically provided in writing and signed by an authorized representative of the City. 25. Force Majeure. Neither party shall be responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay or failure is caused by fire, flood, explosion, war, embargo, civil or military authority, act of God, or other similar causes beyond its control. If any party is rendered unable, wholly or in part by such a force majeure event to perform or comply with any obligation or condition of this Agreement, upon giving notice and reasonably full particulars to the other party, such obligation or condition shall be suspended only for the time and to the extent commercially practicable to restore normal operations. In the event the Contractor ceases to be excused pursuant to this provision, then the City shall be entitled to exercise any remedies otherwise provided for in this Agreement, including Termination for Default. Whenever a force majeure event causes the Contractor to allocate limited resources between or among the Contractor's customers, the City shall receive no less priority in respect to such allocation as any of the Contractor's other customers. 26. Disaster Recovery. Contractor represents and warrants to the City that the Contractor has a City specific disaster and recovery plan designed to safeguard the City's data and data processing capabilities, and the Contractor's ongoing ability to perform its obligations under this Agreement in the event of a disaster affecting (1) Contractor's host site; and/or (2) the City. The Contractor further represents and warrants to the City that the plan comes with all applicable industry standards and regulations (including AICPA requirements) and includes, without limitation, the following: A. City Hot Site. The Contractor will provide the City with the software and related materials for the City to run an independent disaster recovery facility. The Contractor also shall test concurrently, on at least an annual basis, the "Hot Site" arrangements of the City or, alternatively, the Contractor shall provide the disaster recovery services using its own Hot Site. B. Cold Site. The Contractor shall maintain a contract or otherwise provide for a "Cold Site" disaster recovery arrangement, which Cold Site will provide sufficient capacity to 21 restore one hundred percent (100%) of the Contractor's processing services within one (1) hour of the declaration of a disaster. C. Costs. Costs for implementing the disaster and recovery plan shall be limited to actual incurred services costs related to disk generation, disk media charges, external hard drive shipping and other services authorized by the City. 27. Covenant of Good Faith. Each party agrees that, in its respective dealings with the other party under or in connection with this Agreement, it shall act in good faith. 28. Time is of the Essence. The parties acknowledge that the performance by the Contractor and the City of their obligations hereunder is to be performed on a "time is of the essence" basis. This expression is understood to mean that the Contractor and the City are to deliver their respective Deliverables no later than the delivery dates therefore and that any delay in connection therewith will cause the other party damage; it is for this reason that the parties have agreed that liquidated damages, as outlined herein, may be imposed if delays are experienced. 29. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the City and the Contractor. No third party shall have the right to make any claim or assert any right under it, and no third party shall be deemed a beneficiary of this Agreement and, as such, subject to the terms and conditions of this Agreement, to all remedies entitled to third-party beneficiaries under law. 30. No Construction Against Drafter. The parties agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to the terms and conditions of this Agreement. 31. Notices. All notices, demands, or other communications herein provided to be given or that may be given by any party to the other under this Agreement shall be deemed to have been duly given when made in writing and delivered in person or the date of recorded receipt if deposited in the United States mail, postage prepaid, certified mail, return receipt requested, as follows: City of Yakima Department of Information Technology 129 N. 2nd Street Yakima, WA 98901 Copy to: City of Yakima Legal Department 200 S. 3rd Street Yakima, WA 98901 FileOnQ 22 3410 832 Industry Dr. Seattle, WA 98188 Or to such address as the parties may provide by notice to each other from time to time. 32. Access to Books and Records. The Contractor agrees that an authorized representative of the City shall, upon reasonable notice, have access to and the right to examine any pertinent books and records of the Contractor related to the performance of this Agreement. The Contractor shall maintain such books and records for this purpose for no less than six (6) years after the termination or expiration of this Agreement. The records relating to the Services and this Agreement shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Agreement as may be requested by the City. Until the expiration of six (6) years after the term of this Agreement, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Agreement. 23 All records relating to Contractor's Services under this Agreement must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Agreement must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. 33. Source Code Escrow. Contractor agrees to place current copies of its Source Code, including all relevant commentary, explanation and other documentation as well as instructions to compile the Source Code, plus all revisions to the software source code encompassing all corrections, changes, modifications and enhancements made to the Software by the Contractor (the "Escrowed Material") into an escrow account with an escrow agent, subject to the terms of a software escrow agreement that must first be approved by the City. The Contractor shall update these copies within forty-five (45) calendar days of each major product release and all product fixes installed in the City System. The Contractor will provide the Escrowed Material as required herein before Acceptance. The City may access the Escrowed Material upon the occurrence of any one of the following instances of default: A. Contractor ceases its ongoing business operations; B. Contractor suffers any act of insolvency or bankruptcy; or C. Contractor fails to maintain technical staff capable of providing ongoing Support and Maintenance Services. Any escrowed material furnished under this provision shall be considered licensed under this Agreement. 34. Severability. Whenever possible, each provision of this Agreement shall be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof shall be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision. If it is not possible to modify the provision to render it legal, valid and enforceable, then the provision shall be severed from the rest of this Agreement. The invalidity, illegality or unenforceability of any provision shall not affect the validity, legality or enforceability of any other provision of this Agreement, which shall remain valid and binding. 35. Incorporation of Exhibits. Exhibits A through C referred to in this Agreement and attached hereto are integral parts of this Agreement and are incorporated herein by reference. 36. Entire Agreement and Order of Precedence. 24_.... This written Agreement and its corresponding Exhibits constitutes the entire agreement beMeen the parties with respect to the subject matter contained herein, sups ing all previous agreements, statements or understandings pertaining to such subject matter. In the event of any conflict between this Agreement and any of the attached Exhibits,the precedence of documents shall be as follows: 1. Agreement Itself; 2. Exhibit A: Support Services Policy; 3. Exhibit B: Payment Schedule; 4. Exhibit C. Statement of Works S. Exhibit D: Functional Specifications. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of the year first written above: CITY OF YAKIMA CONT : TOR: FILE NO R Alex Meyerhoff, Interim City Manager Pnt N=nme, I f 1 Print Title: t ATTEST: Sonya CiaerTee, City Cierk Resolution Number: Contract Number: 25 EXHIBIT A SERVICE LEVEL STANDARDS 26 EXHIBIT B COMPENSATION SCHEDULE 27 EXHIBIT C STATEMENT OF WORK Filet December 2, 2019 EvidenceOnQ and DigitalOnQ Prepare] by Shannon Turner Evidence Specialist a Consulter shannom1eonarem 29 File Evidencen Crime Scene to Court Room nt: FileOnQ submits the following proposal for the EvidenceOnQ property and evidence management system. Our first priority is to provide solutions that effectively meet the unique needs of our customers today, while providing them with flexibility and growth opportunities to to meet their changing needs in the future. Another priority of equal importance is to provide these solutions with the greatest possible economy. Please read and consider our proposal, bringing to our attention any way we can more adequately satisfy your needs. When we implement the solutions proposed, we are committed to do everything necessary to ensure your complete satisfaction both now and long into the future. Sincerely, Shannon Turner Evidence Specialist & Consultant FileOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 2 of 36 30 File Evidences Crime Scene to Court Room Features Functionality EvidenceOnQ Application Software License EvidenceOnQ is built on Microsoft Operating System platform, utilizing proven methods and technologies. The multi-tier nature allows for single server implementations in smaller environments, reducing cost and administrative effort. It also provides the ability to be distributed onto several servers that share the load to improve performance in larger environments. This architecture provides a solution that can scale to different environments. EvidenceOnQ runs on Microsoft SQL Server 2012 or higher provided by the customer. License upgrades for increased records/items may be purchased at any time the need arises. All of the data stored within the EvidenceOnQ application can be backed-up, restored, or extracted using standard SQL tools and routines. This ensures that your data can be backed up for disaster recovery or archival purposes. Web Based Access (WebView) WebView is built for the end-user to manage evidence quickly and easily in a dashboard type atmosphere. Data can be entered in one location and then print the barcode labels at a later time and location. The system will automatically keep new items in a worklist cue for ease of printing labels and reports without having to go back and query individual cases and items. Edits may be made to records based on user permissions. Users can also generate forms and reports such as an Evidence Report or Chain of Custody to eliminate hand-written documentation. These forms and reports may be printed or saved as a Word or PDF document. Permissions to access specific forms and reports may be limited per user group through the administrative tools in the desktop client. Users can submit requests associated with evidence. This may include an authorization, an action request, or any other communication that would have been submitted through a phone call, email, or request form. When a user logs in to WebView, their pending requests are listed. When the request is fulfilled, it will be eliminated from the pending requests list. WebView also works in conjunction with the optional eDocs modules to allow users to upload and view electronic files. This feature is especially useful at crime scenes, search warrants, or from the officers' vehicles and remote locations. Administrative Desk Top Client: The EvidenceOnQ administrative desktop client is a full-featured Windows applications that allows users to access the system from the server. It provides all the functionality and tools to fully manage evidence and make administrative changes to the database. It is primarily used by evidence management personnel who need full administrative privileges that are above and beyond the web browser users. It includes the same type functionality outlined in WebView, but also includes the ability to: • Transfer evidence to other locations individually and in groups by either scanning the barcode(s) or transferring them manually. • Obtain a signature when transferring or releasing evidence • Manage the lookup values, locations, users, and reports. • Assign permissions in user groups, including record security and field security • Designing barcode labels and location barcodes • Build and saving custom queries • Perform batch update edits to groups of records • Create, perform, and store inventory projects • FileOnO, Inc. -Corporate Offices: 832 Industry Drive Seattle; WA 98188—Phone 800-603-6802 Page 3 of 36 31 File Evidencen Crime Scene to Court Room Customized Profile: EvidenceOnQ provides complete flexibility by allowing you to dictate the design of the data entry screen, known as the profile. Fields can be added, deleted, or modified to fit the type of data that a department wishes to capture. The profile is designed so that the data entry is as simple as possible by following your existing workflow, using your own terminology and codes. This customizable profile feature is one of the most appealing features of the system. It is designed by each agency to meet their own individual needs and comply with their specific policies and procedures. Not only is it flexible when it is initially configured, but the profile screen can be changed as your needs change. You can make changes to the profile at any time without permission from FileOnQ or incurring additional cost. The following field types are available when creating or modifying the profile screen: Text Check Box Calculated Formatted Text Currency Date Simple Lookup Decimal Time Coded Lookup Multi-line All transactions are performed from just one screen: data entry, searches, scanning, etc. eliminating the need to work through multiple levels of screens. Searches can be made from any field or combination of fields,. For example, you can search for all Smith & Wesson guns recovered by a specific officer in the year 2006 where a juvenile was involved. Or you may search for all recovered elecltronic items that have 355 in the serial number. There is virtually no limit to the combination of searches that can be performed. The screen examples below show some of the common data fields you may choose to include on your home screen. Profile Examples Your Profile will we be tailored to your specifications tVG¢{KRJPa matm IHatay;Rcts'rSrvE ammaammTh ::.. Cate rcumac+ ItunF j Ottectatd Em Ufienm Type:. I fa0N C8kef�t �1—e` Tme F.i Date et Offense iTht t CctectedxNas E_ It.. COOP'Unk.em� Omar-Last i Suapeot i lam Snspca 2last "'reUr Fast.. i S. [2 rt3 � SVXa>-�tZ%st Dtt3 r t :Super Z N[ iJ r.... �a £A'yy,OOP,OP avidtana aspects tXrT.':r FErrn2 : ts24tma PPP' ; 1GG5= 55 t ....t and Rem typeDrug Type ' ...... 3s N 2Ls Qcantmr: POOP ....„ s(A.Ury � M m Z.I Mattrm Tame ftacoveeJ Moen Monett T AatiabnaMtetc FIIeOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 4 of 36 32 File Evidences Crime Scene to Court Room The partial screenshots below show the control field selections that enable (or disable) the dependent fields. The examples portray a selection of currency, narcotics, and guns. The applicable fields are enabled. Fields that do not apply to the selected description are disabled, making entry easier and more accurate. elµa i4W Arrrrrr Drugs :5 A:t .% .e v .*SwJ Mt lmr tSY`5{44vx, ::• ••••••::••••••• • ......•: tvs fitiu ...:. µ .... •'her tvm •rYFFEw; .., Ktr vA ;v..'hr '.... ..t � :li`iIAh9 ••.... • ryyKK 45'tr.AvW."ryy.' Y.wn-A�'v'f+tn.;:li •. E lx.!A, I ;,4 tier k{ "" �.*w ti5 1i Kw}5Yt f Aa. 0.14frr 1441 Mangy r ,wh:l� �MwMwMwMw Barcode Tracking: EvidenceOnQ makes chain of custody an automated process through the use of barcode technology. It is faster and more accurate than any other form of tracking. Using a barcode will dramatically decrease the time it takes to retrieve a record from the database and to record the transfer of that item to another location or status. In addition to barcodes that represent evidence, EvidenceOnQ assigned barcodes to locations. This may include people, places, a status, or a disposition (as shown below). With this feature, transactions can be performed without having to enter any hand typed data from your keyboard. This allows the user to scan an item and then scan the location where it is to be transferred. It gives you fast, accurate, completely keyless transactions. FIIeOnQ Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 5 of 36 33 File Evidencen Crime Scene to Court Room CRIME LAB DESTROYED DRUG LOCKER II .I11II 11, 111I I .l� I 11 II 1I1 II GUN ROOM KIRK NEWMAN PENDING DESTRUCTION IIII1 .11 IIII;1II1111I1 � 1111IIII . II Locations may also be assigned categories to filter and sort items. For example, by creating a location category such as FINAL, you can see all locations that represent evidence that will not return, such as Destroyed, Returned to Owner, Auctioned, etc. You might want to group all people as locations into one category, offsite locations, or temporary and transit locations into a category. Any group of locations can be placed in a category to make searching and sorting much faster. SCAN LOCATION BARCODE SCAN BARCODES ON THE EVIDENCE ,tt 111114 REPEAT FOR EACH LOCATIONLAN »{' me ,. . 1k54gA°° }{afiYr ntgerato hw It Mri+4IKECAWKS 3. ��•,` :BArY S 460140}3X.dittewanewY .4 POSIOngeakitrt .............` �4u.}ih} r 'Valr=0„. 45 m4nmP wµyµ.'Mriyq As evidence is moved to various locations, EvidenceOnQ automatically assigns the date and time in the unalterable audit trail. The audit trail provides a complete record of every action taken to the record from the time it was created. The User Login and User Name is also recorded with the name of the PC, the IP address, and the name of the person who logged in as the Windows user. FIIeOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 6 of 36 34 File Evidencen Crime Scene to Court Room Barcode Label Design and Print Barcode technology is one of the most beneficial features of EvidenceOnQ. It is faster and more accurate than any other form of tracking. Using barcodes will dramatically decrease the time it takes to retrieve a record from the database and transfer that item to another location or status. EvidenceOnQ takes barcode technology to another level. Barcodes also represent locations, individual people, a status, and final dispositions. This allows the user to scan an item and then scan the location where it is to be transferred. It gives you fast, accurate, completely keyless transactions. EvidenceOnQ provides the user complete flexibility to design and print customized bar code labels within the system. Any combination of fields from the customized profile screen can be printed on the label. This printed information eliminates the need for officers to hand-write information on the evidence bag. Customized location labels and location control sheets can also be easily designed and printed. SAN DIEGO POLICE PEPT. Evidence Truckee Pciae Dcjmiment-Eactiee CASE#12-001234 Item#7 Case #18-012345 Item#6 I�1111 I II II11�1� I1 I `I.� CURRENCY$3,356.00. Collected on 6f25/2012 by Avery,Craig(422) Sacco R20c600014 Suspect:Wilson,John A. DOR:5/12/1968. Collected DD6t2512012 by Aue04Cn3 peso:Cash found:with address book 1.NCalon:134CITRUSAVEHUE-FLOORBOARD DE VEHICLE Nesc:RIMAS HENS WAILET WITHZD Barcode#:200600015 Customized Toolbar: In the desktop client application, users can customize the standard toolbar by adding or removing icons. Users can also create additional "personal"toolbars containing shortcuts for functions they perform on a regular basis. These toolbars themselves can be "dragged and dropped" anywhere on the EvidenceOnQ Profile. A "global" toolbar can be set for desktop so the toolbar is standardized. hl File}nQ 7.03126-Evidence-SHANNON TURNER ..a Mgt N-- E le edit View Fteroorn Labels;ePocurzmnts Reports Idols Da-a He0 ILitoNew .,:a>e Leh r ifl tar-udr X stgnat“re n ,ID-De; 'sk• A xe Custom Queries '.a,3„ ycet 4. PrOpertyy Receipt 3,DiScan a CUOtip }fat,VS'',:L r+cr SCham of Custody:`.Named:List Auto-assign Item Number Calculation: EvidenceOnQ provides agencies the ability to have item numbers within a case automatically assigned, eliminating duplicated item numbers in the same case. The FileOnQ ProFiler allows agencies to choose if they want to utilize this automatic item count feature. Case Number 18-123456 Items# Offense Type le-HOMICIDE Dale OfOffeise 07/27/2018 FileOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 7 of 36 35 File Evidencen Crime Scene to Court Room Searching & Queries: EvidenceOnQ provides users with many options to perform queries. Query-by-Example: Allows users to conveniently search directly from the customized profile screen. Any field or combination of fields can be searched using known information, unknown information, or partial information. Query-by-Current Location: Allows users to perform searches by current location. Query by date: Query by date includes all date fields on the profile screen as well as date created, last edit date, and last transfer date. Query-by-Scan: Allows users to create a group of records by scanning the barcodes on the evidence to put them into a group. The user can choose any number of actions with that group, such as transferring them all to another location, creating letters to the owners, generating a list for a court order, printing a report, etc. Query-by-text: Performs system-wide queries rather than field-specific searches. The user is prompted select a search for all data fields on the profile, all text in the free-form notes tab, all information in the check-out comments and names, and document key words in the eDocs module. The results of the query show how many times the value was found, the field(s) where they were located, and enable the results to be put into a query set. Custom Query Manager: EvidenceOnQ provides a convenient way to create, organize, update, and run queries. Custom queries are virtually unlimited with variable criteria and can be categorized for organization. For example, queries can be set up for statistics such as the number of items received, destroyed, returned to owner, or auctioned during a specific period of time. Agencies can also create categories for queries such as current inventory, items for review, and purge projects, as shown in the screenshot below. Unique queries for special circumstances can be created such as all the drugs that were collected by a specific officer with a juvenile suspect. When the results of a query are displayed, the user has many options such as viewing the data in browse, producing it in a custom report (form), transferring the records to another location, or exporting the data to Excel. Custom Quer es ; mansnr ea-gage Custom Query Examples B}l R.Manage 'Drug, Create customized categories to ri Money in cafekeep your queries organized. rr I otal Inventory {t .t'Assran Retntor .;^Di po sentover to days .P h nb n PnVIPW Drt mvrerr rr for r a E Custom queries eliminate written Bikes-for DonationR logs manuallyproduced lists,and ��w red Destroy g , ▪ Fcund Proper)/ov5'.cc tickler files. ▪ I efprs ovR-31 days Pending Auction kek Auctoned 1 Destroyed Intake ..+"QuadedyPernrt to Offices 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 =Rehsnei to owner search Warant stats Page 8 of 36 36 Filet EvidenceOnQ �' Crime Scene to Court Room Export to Excel 'uT+rx tx.+� - - Yearly r port: Monthly intake: Current Inventory . Intake is Misdemeanors • Destroyed . Felonies Drags * Auctioned * Sexual Assaults * Guns * fteleasedto * Money * Homicides * OepartmentUse : * Found Prop • DNA Custom Reports (Forms): These custom forms are produced after performing any type of query, making them dynamic and versatile. With the unlimited field/data selection options for queries, there is no limitation to the reports that can be run The following examples show the query that can be performed and the custom report that is generated with the information. 1. QUERY: All items collected by Officer Jones on a specific case number. REPORT: A property sheet outlining each item, the date and time collected, the location found, the owner, and item number. 2. QUERY: Specific items from a case to take to court. REPORT: A chain of custody report for each item showing all the pertinent information about the item and every location it has been from the time it was submitted to the property room. 3. QUERY: All items that are pending auction. REPORT: The Property Room.com manifest, complete with item description and barcode including the agency's unique identification number. This eliminates having to rebarcode items prior to auction. 4. QUERY: All items that are eligible to send a letter to the owner. REPORT: An owner notification letter that will automatically fill in the owner's name, address, and a list of the items available for release. 5. QUERY: Property and Evidence that is due for review. REPORT: A Disposition Notification report that can be sent to the case officer to authorize disposition FIIeOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 9 of 36 37 File Evidencen Crime Scene to Court Room Prior to your EvidenceOnQ system being installed FileOnQ will work with your agency to design your custom reports to meet your needs. Dispo Request - Itemizes property that has come up for review or destruction by case number and case officer. The officer can complete the form by hand and return to the property unit, or use the Request Module to authorization the disposition of the property. Retention Status Request For Dispo Print Date:W ednestlay.November 10_2010 Page 1 of 1 Case GNker. Avery,Craig r422) Case number 10-6643221 The toliomAng items,related to Case Number 10-65d321 are currently be(nq held In the E vrdance Room Please reiewthe items and indicate the proper dlsposalon of each one. Item Description i Eoden re ❑ Disease 9.Helds container vAih rock substance ❑ Hald Untn 200600047 1_1_ Reviewed and Approved by Date Property Report - lists the property associated with a case, the corresponding unique barcode, and pertinent information for each item. This report is often attached to the case report. Billings Police Department Property Report Case Number 12.001234 Suspect I: PLEASANT,timothy W Case Officer: SanAgusfn,John Suspect 2: GUNNISON,ROBERTW Offense, HOM-HOMICIDE Barcode Item it item Type Description Recovered by Officer: Avery,Craig{422) Recovery Address. Locayti@on of Recovery INVESTIGATIONS OFFICE H AMINE a BEDDIPIG mr160.66 Rarest that vctm was wtapp c n on;he court Recovered by Officer. Avery,Craig(422) RecovervAddress:326 W.BONNEVILLE Locati lon of Recovery COUCH WHERE VICTIM WAS SLEEPING .iIJ1JN tt ]1�til1.1F�B CURRENCY 'e205m Ede water(de suntan og cons Recovered by Officer, Avery,Craig(422} RecoveryAddress,326 W.BONNEVILLE Location of Recovery: FLOOR OF BEDROOM Mff,. 8 I HALE E4'IDENCE 2 Pb0046i. Clump of caf Recovered by Officer: Avery,Craig,422} Recover'Address,326 W.BONNEVILLE FileOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 10 of 36 38 File Evidence nio Crime Scene to Court Room Notification Letter - is generated to the owner listing the property available to be released/ . The text of this letter is supplied by the agency. When the owner brings the letter to claim the property, scanning the barcode printed on the letter ensures the correct item will be returned. -44704 *2* San Diego Police Department : I ar.P.c. GA 9212,1 5729 No.50.10.71115 409,71,81 12 51,, 33,Oa 9rotta flFtvtLfltVCL mt tint s1/2oD ...in !sawn n, iovo terrreicve MIIIIMI11111111191111111I Incolutincbm„rpmperif pkae•mrerm tie ave.cae itmenaaam.•Et tit 7,2t2 t7)52t-7,3, t A,Mt.. t.Y 25* Int ptop,r9Atto t53ten at,Att t*et actin Itat„cont An.,tett, 19o,t. p,„e A a treamt itrt taut a orm ceittoma„ant,ust.cal oe eaareme, P Ape Mt ie.Itch. Chain of Custody - can be produced for one or multiple items in a case. Each item is listed separately with a complete, unalterable history of every location for that item. Included in the chain of custody are all dates, times, users, and any associated signatures for each transaction. CHAIN OF CUSTODY CASE 4 14 1)116443 EVENT DATENIME CASE T(PE FELONY-VPOLENT EVENT ADDRESS M,AMIN CASE OFFICER Amon,Megan 0414) Hifillilltlith1111 ill DUD M IHH TErtt I FIREARMS 26tX7RAt RECOVERY1,0,74'90N GLOVE COMPARTMENT OF VEHICLE RECOVERED 5Y Aguirre,Rich(351 anagme Lagged on On, (MN 4,,N,,<ND ,smoc,,, 301,C014 t,38 354.. SHANNON TURNER ""EMP EVIDENCE LOCKERS 1,7.4e73.4 .1 45 4SAY SHANNON VURNER R.erved ham—emp lcckes 322a>20:4 ;•40 55AM SHANNON TURNER G-ANDUJI,VAULT 3 zet2oN :42 24Aki SHANNON TURNER JOOV RETRi Falow RAtA3Ded cfMactNe tc,w,Ines. Int.E.PdatO 3=1)12014 IS 44 464M SHANNON TURNER r,EC PVED NEW PORT qt.H.cy EVIDENCE 4 44 4+ , xN,M SHANNON TURNER ...AN°GUN VAS,. nonan AS SZAPA SHANNON TURNER nflnOwrr Case Cleeed -Okay to relem,e per DA's eke Lan,e Monleccse Era'Chan el Gra"6,,•ten# 1 444444 44 Case, 1.0520 FiIeOnQ Inc -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 11 of 36 39 Filet EvidenceOnQ Crime Scene to Court Room Checkout Receipt—can be generated by the system when evidence is released or transferred with a signature.. The check-out receipt is an option at the time of the signature transaction. Regardless of whether the receipt is printed or not, the signature is made a part of the permanent, unalterable chain of custody and can be printed out at any time in the future if the need arises. San Diego Polite Department am CA Ddmw 22101 9n L�iego-iAd2S123 (Y I3I 5'3123,38 %ym Property 1 Evidence Transfer Receipt The receipt will include all items that are "otik.wiNi, Wfsr'ta""offed:ft nl r a"a being released or transferred,The signature is 5-.NNeN TrRNETZ onAMSahl2,201'2 maintained permanently in the chain of lk,.Ea custody for each item and can be printed at tiilI00II'�lklalllll0l:IIlEIIIi r�mE, ., any time. sscode B_UE.-,CADSTEN'2 YIEEJEOc con h�ra Como,Stowed VIA 9L N3NESi337AL =u rc�Ahy 3hTY•n�TITPl cE211' 13 2+9u Notes Tab: The Notes tab has two options available. The first is an unlimited, free form text field used for notes or additional information about the item being viewed. The contents of this field are searchable via Query by Example, Query by Text, or when included in a query written by the Custom Query Manager. The field is unlimited, however modifications to the field do not show the old and new values. They do show the date, time, user, and that the field was modified. This field can be disabled for agencies that prefer not to use it. The Notes Log enables agencies to create specific categories for entries. The entries are date and time stamped and show the user login. Users can choose to have the entries displayed vertically or horizontally. Notes Log entries cannot be edited or deleted by anyone and are fully searchable using the Query by Notes Log feature under the file menu. 9:wccde: [?0060n19a ""31' t' Nema Lardei Fin with L'rckxo4'Ot tnabnn 'y: &5x WAVY:�.............................. 6 . ..D...................................................................................................................................................... ........................................................, t.............................. xent LvrXMx:IRPFJ-RREAkMS Vk!.iT 3f18•293B 4'4E'.2S FM14 Si(IRl£C (g`. Cie CnmGkt€+J::__.. E ICenct/ta !kites I Wiley I deter bf:I D^SdItelltS hkrte Lang Act Ent.y Rehe5t iv t*5 vM.51* Mite 5t ttt' Entry tw.n 8;2E'2 tS S:222 PM EMAIL Em<1 recejs from DAsefts reproingse status. SYSTEM W161201e 8:1:22 n4 CHANGE NOTE the case nlmbertrasdtiroed per recoest at the office, SY5ffi:9 FIIeOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 12 of 36 40 File Evidencen Crime Scene to Court Room History: The History tab displays a list of all the changes that have been made for a record. These fields are non- editable and view-only. For example, if a user changed the weight of the narcotics from 52.4 grams to 5.24 grams, it would show the person who made the changes, the date and time, the IP address, and the old and new values. tWo...4.(a. tan kwai t..si«.gr.erua mime.. 47,01a00.7 WiltSttl ]n:Op:40V sAwi 9 m SAIRM a.sssai 9 s.. 'A t `t�s Jfric� r max, x :^st r:ve=stnrm,E i fir, ay.. .111 Unalterable Chain of Custody: Maintaining a solid chain of custody is one of the most important requirements in evidence management. EvidenceOnQ makes chain of custody automated and unalterable. The system also generates a customized chain of custody report that makes trial preparation automated, accurate, and efficient. CHAIN.OF CUSTODY CASE k: 14405213 EVENT OATER:ME: CASE TYPE:FELONY-VIOLENT EVENT ADDRESS: JAMMIN CASE OFF4!CEEtRt:Armari,Atsoon;0+it4) tliitti_,.ii'iithitii DDHlilai lit. ITEM* t FIREARMS RECOVERY+_O:;A'ION:GLOVE COMPARTMENT OF V€MCLE RECOVERED Er. Agui9e•Rich MS) t'zfeuTMe 1t94e.4 vVapx thmmm'ti k.totsicza7n: 3.120,234 ;::3a:3Mi C W*,V TURNER TEMPEJIGENCE LCKF:EHS 300•2014 ;t:40:4DA1 SliktiN At TURNER Remeraa`°,one Terre txkNe 3r:G'20}4;::4C55AF1 5`IANNG4 TURNER ffMOGUN^;AULT 220 20i4',:a224AM SiMSO TiiRNER JoO EErrY !i F .cw UP-Feea*eS to Steck.*for wIress intanaA 3,20)204 I•.:ameal ^.-IANM::Y TURNER RE E:r:E^=.NEw PcR RICHE{-V.c.ENCF 3.20P20..1 5:4ANMY TURNER N£Not?JN thUL. 3,20.C31d 5,4532.M 3i4WNCR TURNER lc Ow • ;. Case Closed-Okay in re..•esse per OA'e ottce .*.'••...*.• •a=�...:..<,. shoe Monm..usa %vmanascucta5i iw Ram.. I rcHNo boast. 14406213 FIIeOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 13 of 36 41 File Evidence niti Crime Scene to Court Room Security and Policy Management: The EvidenceOnQ system requires a User ID and password to log in. A system administrator is able to create groups and to grant or deny permission to certain functionality to members of that group such as add, edit, transfer, etc. System policies can also be set for password expiration (or non-expiration), minimum password length, failed log-in attempts, strong passwords, and session control logout for inactivity. Additional options for user groups include: • Record Access — Agencies may choose to limit user groups from viewing records. Evidence in specific cases can be restricted if they are highly sensitive or confidential. Large agencies often create groups to restrict the view of evidence by the type of crime such as homicide, sexual assaults, etc. • Field Access — Fields on the customized profile screen can be disabled for user groups. For example, the property and evidence room personnel may have fields they use for their purposes, but do not apply to patrol officers. If.a field is restricted, the user group does not see the field. • Report Access — Each user group is given access to specific reports. For example, officers may need access to the Property Report and Chain of Custody, where evidence personnel need to also access the Owner Letter and Auction Manifest. • Notes Log Subjects— Agencies can determine what Notes Log subjects can be used and viewed by member of a group. • Document Access — For agencies that have the eDocs module, user groups are given specific permission to view, upload, or download specific document types. Audit Trail: EvidenceOnQ automatically documents the date, time, and user in the unalterable audit trail for each record. The Audit Trail begins when the item is created. It shows any transfer, edit, or request made to that record. In addition to the function performed, it also contains the User Login and User Name of the user along with the the host name, IP address, and Windows user login. Rencd:K tog &........ ......... ......... ........r.... ..;. Pnn'FxFor' 7 83cttHle: 2UU6#11141 tairiest NA'utT�e,N2es:TmesPsm},,,,, ,''uffts........................ Loran'Cnie.......,ATair'Itt, Host name fi'stlP 45 Use; RegY 0 6N234512 PN 4I'62094 i24 PM SYSTEM SY$TEM UTfM FRt .t VreE3ervzr �Tans!g ST62C1844S25 4 5:6PC844526 PM StURNER SHP moo TURNER RPDPt EiREAAMS t{G'+�kM14CP0 IS? E. IT Gianm ,T4r 9 6 f1H 4 45 6,RA m A 45 12 PM summR Stit 4 TURNER t 44.44,0h CELL 1424441 244 6h3fhIXti TLc4 Bt5 C 8445.69 P,1 416t70644 49 PM trEtR MAH.; ;,aiQR RvTemp Leek REMOVED g{snryp[CF12pirz21E§1$134 SS :rs_ti'W*sn'5y�4a�v�NY....�+3vf#�...s '}S.Gia..*• .�m tb�mc "'i Ri rv}u?s`• ip IIlwss Request Module: The Request Module gives officers the ability to submit a request to the evidence personnel for a variety of reasons. For example, a request may be submitted to pick up evidence for court, check out for viewing, or to authorize the release. Many agencies use this feature for their officers to authorize the disposition of property, eliminating the need for paper authorization to be maintained. The requests are permanently documented in the audit trail of each item. FIIeOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 14 of 36 42 File Evidences Crime Scene to Court Room Requests are immediately displayed on the Request Monitor. This provides the property room personnel the ability to view, sort and print "pull lists" to fill incoming requests. The Request Monitor can be configured to automatically refresh at set intervals and filter requests by certain criteria. The Request Monitor can be left running in a separate window while working in EvidenceOnQ or other applications. E.-Request monitor j r 9krrad eNr sets owes '.,, I. O tl NUR 000470„6,i EwTBnk I.Md06A SERVED A C2123456„�,bse... ltefi# 01 OKAY TO DESTROY ;NANNON TURNER ZA060041& ShdF&t CASE OVER TIME 5ERHED-(S3 CQDE�dDANi' I4123A561 5 01 IOKAY TO DESTROY SHANNON TURNER D00600400 SHELF 4 CASE OVER-TIME SERVED-NO CODEFENDANTS I41234567 7 01 OKAY TO DESTROY SHANNON TURCZP 200600493 SHELF 4 CASE OVER-TIME SERVED-NO CODEFENDANTS I L523456? 11 01 'OKAY TO DESTROY ;SHANNON TURNER 200600506 Temporary Lockers CASE OVER TIME SERVED-NO CODEFENDANTS IID234567 16 01 OKAY TO DESTROY SHANNON TURNER 20060050E Temporary Lockers CASE OVER-TIME SERVED-NO CODEFENDANTS II.234567 17 rD Ol OKAY TO DESTROY :DiANNON TURNER 200600522 TWINFALLS PD EVE,LOCKER` CASE OVER TIME SERVED-NO CODEFENDANTS II-1234567 24 01 OKAY TO DESTROY SHANNON TURNER 200600524 1—MINFALLSRD EalD LOCKERS CASE 04ER-TIME SERVED-NO CODEFENDANTS I1-1234567 26 I. 02 'OKAY TO RELEASE SHANNON TURNER 200600009 Shelf 5-1 Release to owner Tamer only 03-7654321 4 02 OKAY TO RELEASE ;`_HANNON TURNER 20060002e MODPm DIC}ck 5torav Release to owner Turner only 04-765432I B r 0.2 OKAY TO RELEASE SHANNON TURNER 2m1E00029 TIM SCANLAN Release to owner Turner only 09 7654321 C ) 02 OKAY T4 RELEASE SHANNON TURNER 20060003E Shea 8-t Rele35e to owner Turner only 0q?65432I r 01 OKAY TO DESTROY ;SHANNON TURNER 200600009 Shea84 09-7654321 4 Work List Management: The Worklist feature allows users to create and save a group of items with a common task. This may include evidence to be pulled for destruction, evidence waiting to go to the lab, items pending officer review, narcotics to be put into a court order, etc. This allows a user to work on a large project as time permits, continue to add to the ongoing work list. The list is recovered when the project is ready to be finished. This collection is associated with a user's login and is preserved even if the user logs off. Add Current Item w Add Alt Items to Worklist ix Clear Worklist 5 ed/dist ?Query Worklist Items atom. Genera'War- * : h_jr k •7 �''{yy{.,,. f{tlxHae6tl #SSnona...p R TOie TIS S't T3n Ina 40rk . "OE Ap IX45TICROG 4ts,MNC d(F PCwe%4 it Mi%1 RASTfCeM14 41 IMNG..HItt.PP.M'D"t 2406C633 'ettSIIC&w m4TNMWG`:HIIEPOWPFS ?MK TiSx 3mm?F¢?[ 9 Nmt tom 4Nesiay '.,rnut,S6 MASTIC Baf+DMIIA1NIN6'StCTE PoMTEP 9 :.9 'RAMC9ACCnRAIMNG MUTEoOMDER r-,06^4S9 'PLASTIC 6ACm 4rRllrMG'nElt enwG'E:, 7;06--'Da1 ;PLASTIC EACCORFALING!`HISE POwMm axockd3 RASTIC6WtONIM..DRI RhCIEPOWSYP. ne.,65 ;bM1makam alan Prom putm -66 eam,,c2e—nn v'; Data Import & Export, Mapping & Validation: The FileOnQ import utility allows records to be imported from one or more different outside data sources. This greatly reduces the amount of manual entry required. EvidenceOnQ comes standard with a fully configurable import utility that can match field for field from any ASCII delimited data file, which is then imported into the EvidenceOnQ system. This can be done as an automated, scheduled import or an import on demand. The export utility allows users to create, save, and run any number of export routines. Any data can be exported from the FileOnQ database. Imports can be for the purpose of a one-time conversion, such as converting the data from an existing database or spreadsheet. Imports can also be for an on-going daily process for adding new or updating existing records within EvidenceOnQ from another third-party application. The import utility also provides field data type validation, duplicated record validation, and data validation. FIIeOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 15 of 36 43 File Evidence nil Crime Scene to Court Room If a customer chooses to setup an import process between FileOnQ and another third-party application, they would be responsible for providing an ASCII delimited file(s) containing the fields they wish to import into EvidenceOnQ. F.ileOnQ, Inc. will set up a mapping between EvidenceOnO output file(s) utilizing the Import Definitions Wizard. All imports that are run, whether manual or unattended, produce a log file. Any records that fail the import validation process will be listed in the log. All import logs are stored with a date and time stamp and can be viewed through the Import Log View. FileOnQ will assist your agency in setting up the import of your old data. It is the responsibility of the agency's IT division to perform the actual import and clean up the records. FilefOnO can perform this task if the agency does not have sufficient IT support or resources. An estimate for this data import can be provided and incorporated into your proposal. :.w.......,x- — nx“wr F 0rwo,,. .Y c fim-, n xlu a-2i f — wg am.f b or m n be o lickka .a;3 is uae, k i nc ,� 1 is as k uF t �''.ti 1 e If :u dxvsre I fiW PS f.'-1 lItl o hhW ��et v j..%rr i o, ro,tze 4, ra�,<:o is u,n,mo.,�ro -.I a,.k I N � e�� t Retention Module: One of the biggest challenges in evidence management is to establish a system for reviewing when an item is available for destruction, return to owner, auction, etc. Purging items from the evidence room is a lengthy, laborious process. In most cases, evidence is held much longer than required because there is no system in place for routinely reviewing and purging evidence. The retention module enables agencies to set a review or disposal date on evidence in accordance with their own policies or statutes. When the appropriate retention type is selected, EvidenceOnQ will assign the correct review date The review date can be modified throughout the process if certain cases are delayed in court or are pending appeal. . ... ter ... . . . literati CodeMatnteransr SetarFXent n cabala Set ts{x de the deli Cak Date Cateaory nears Months caws Deets ,tan teat" c-eaten fete 0 b D wry property ro ert F. aaanG Caton fauna litre 0 C• 9C•twee PrWR 'i' € ;a=d. G-eaEnn Mattered 7 D :A't derrars.tMenszs .. "x-Eekeearg. Ca ton Safe }nS 0 Q. 3C'.PraGeryfar 5a[eke. . 9 pep offense Cmaton Sexna.:XFenses 3 0 QAF{.rovab?+w'.o'.sx ar ed FIIeOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 16 of 36 44 File Evidencen Crime Scene to Court Room Signature Capture: The EvidenceOnQ Signature Capture Module provides the ability to obtain digital signatures when transferring evidence. This allows a department to eliminate the need to hand-write receipts or maintain signatures on paper for chain of custody. When using the signature capture module, only one signature is required regardless of how many items are being released. The system captures the digital signature and stores it as part of the unalterable chain of custody. A customized checkout receipt may be printed out at the end of each transaction if required. i n rc,�rmua+ r • • Batch Update: EvidenceOnQ allows for data to be changed or updated in a group. For example, if evidence is logged under the wrong case number, the items can be queried into a group and the case number changed all at once. Any field or combination of fields on the profile screen can be changed using the Batch Update feature. Additionally, the retention code, review date, or retention comments can also be changed using this feature. • 4�ttts,.. o-vxo-vxo-vxtRECKFAX Inventory Module: The inventory feature will allow inventory projects to be started, paused, and started again, leaving the project open until you have time to finish it. You can also inventory multiple locations in one project. It also enables any number of separate inventory projects to be open and conducted at the same time. An inventory history will be maintained for each item that will document how many times it was inventoried and the status of the item at the time of the inventory. FIIeOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 17 of 36 45 File Evidencen Crime Scene to Court Room EvidenceOnQ will maintain a complete history of how many inventories were completed, when they were completed, and the disposition of each item in each inventory. Notes and comments may be added to the inventory, allowing users to document any corrections or clarifications needed. All comments are date and time stamped to preserve the integrity of the inventory and the comments themselves. Comments may also be added in batch to items within an inventory. The detailed inventory report shows all specific details about the report, the items missing, all items accounted for in the inventory, and the items that were found in the inventory that do not belong in that location. ........rzxhm'It[y-rxt �a xauw:eau, trsauux x a What is missing k.,.mau�.• ,«s .� 6.141110:42kk '+.. a: en�nM� All items accounted for .,,:>MroaI -t :ter•;:. ..,,x.,.�:: ...r.N. o�:v o,.,m,r:�;•,<<.,».: 1 fl rr= i3Y.kiIh..BaiiMIM MSBtilAC8i7:;.&@� r �r�lr�a What should not be there MobileOnQTM : MobileOnQ enables you to transfer items, obtain signatures, and perform inventories in remote locations where a computer may not be available. The mobile device can be synced using the docking station or can perform in "real time" using your wireless network with web services enabled on your server. sari: — v..., Trans t '.. u Chatkouc ti _ 3}nchrc�ntxe. FIIeOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 18 of 36 46 File Evidence Crime Scene to Court Room eDocs & Electronic Imaging Module: eDocs eliminates the need to make copies and store documents related to evidence: ➢ Owner documentation ➢ Crime lab reports ➢ Owner's driver's license or ID ➢ Court orders ➢ Existing chain of custody paper documentation eDocs utilizes a designated, shared folder or SQL database on the user's network to store these electronic documents. The user can view the documents by either double-clicking a document icon or the View button. The eDocs system communicates with the Windows OS telling it which application to open in order to view that document, such as Word, Adobe, Media Player, etc. Any type of document can be opened if the user has the proper application and permission. Document types and key words are fully searchable in combination with data on the profile page. Notification Module, including: Automated Disposition: The Disposition Notification Module automates the process of notifying officers to review evidence for disposition. As evidence comes up in a manual or automated retention review report that includes customized criteria, the system can be prompted to generate emails to the officers that includes a list of items to review. Included in the email is a link to the case and each item. When the officer clicks on the link, it will take them into the WebView application and enable them to choose the appropriate disposition for the evidence. The disposition descriptions can be tailored to meet the requirements of the agency, i.e. release to owner, destroy, hold, etc. FileOnO, Inc. -Corporate Offices: 832 Industry Drive Seattle; WA 98188—Phone 800-603-6802 Page 19 of 36 47 File Evidencen Crime Scene to Court Room Retent;nn date assigned per department po.rcy When evidence comes up for review the system wrll ?SM:o auvG;.4+vNµ tn'iS.:µfnPN t IPt, .vim generate art email to the case ttn e* w.p a�xaarrr•�OMM officer with cases up for cs, review. officer dicks GraS;_..p_rmhiACCanlanC SCaeca WM,t'v:hattahimi? on#:rk td CASE ,5p•;:% SCPu@38 vkaa GC87.. E.idan:e GVv rdep... evidence to authams u ctwty..5 scanc.3:tr MCC G? Ccclenct yc ne dispo5lliori t � mt.:5 '{ora% Ct.. Ecdccice 454e,bi, .. When the officer selects a disposition either at the case level or the item level, it is immediately flagged in the system and automatically appears in the Request Monitor that is maintained by the designated evidence staff. From that request monitor, items can be sorted, selected, and printed into pull lists to take the appropriate action. The automated disposition automates and eliminates paper to ultimately purge property and evidence in a streamlined, timely manner. Workflow Notification Workflow Notification is the ability to set certain triggers within the system to have it take a specific action, send a notification, or restrict a certain action. In order to determine exactly how Platform Notification will be applied in an agency, a thorough evaluation of their policies and procedures needs to be done. The following examples show how Workflow Notification can benefit an agency: 1. An agency has a policy that when certain information is changed in the evidence system, specific people must be notified. This may include any number of methods such as sending an email, printing a new property report, making a phone call, etc. For example, any time a serial number field or case number field in EvidenceOnQ is modified, the system will automatically send an email notification to the records manager and the investigating officer that indicates the changes made. 2. When evidence is submitted and there is a discrepancy, such as being improperly packaged, automated notification will streamline the process of notifying the officer that a correction needs to be made. The evidence technician can make a Notes Log entry indicating the corrections that need to be made. This entry will trigger an email to the officer with the content of the notes log entry. EvidenceOnQ can be set to send a 2nd notice to the officer if the correction has not been made within X days. 3. In order to track the status of sexual assault kits and comply with statutory testing requirements, an agency may set up a notification trigger to have an email sent to the case detective notifying them when a sexual assault kit has been submitted to evidence. An email notification will also be sent to the detective any time the kit changes location, such as when it is sent to the lab and when it returns from the lab. FIIeOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 20 of 36 48 File Evidence Crime Scene to Court Room Summary The DigitalOnQ system, created by FileOnQ, is a powerful digital evidence management solution (DEMS) that will effectively address the unique needs of law enforcement today and into the future. DigitalOnQ is a fully dedicated, secure, on premise hybrid DEMS that simplifies the management of digital evidence. DigitalOnQ can integrate with and support numerous evidence data capture tools used by law enforcement agencies, which differentiates the solution from its competitors. The DigitalOnQ application is compliant with Scientific Working Group on Imaging Technology (SWIGT). It provides an easy upload process, comprehensive security, and broad search capabilities. FileOnQ uses the latest, most relevant Microsoft technologies and adheres to key industry standards. Adopting emerging technologies enables agencies to implement DigitalOnQ with logical, affordable, and proven steps. DigitalOnQ is a hardware agnostic application that allows users to utilize any storage media they desire. They can upload from any media source (i.e. network drive, Secure Digital (SD) cards, compact disc (CD)/digital versatile disc (DVD), body worn camera, in-car video camera) without being limited by a single vendor for digital media. It is the ideal solution to replace cumbersome CDs and DVDs and will eliminate the liability and time associated with storing files on physical disks. DigitalOnQ has been developed to comply with the highest standards in evidence management. FileOnQ has focused on reducing and streamlining common tasks such as data entry, evidence management, audits, and evidence disposal. Agencies that have implemented DigitalOnQ see substantial time savings and security in these areas. DigitalOnQ offers: • Both a desktop application for power users and an optional web application for end users. Both allow users to —upload, view, search, and download their digital evidence if they have the appropriate permissions. • Unlimited Reports— Customize any report to meet your unique requirements. • Notification System— Send notifications based on your criteria and needs. DigitalOnQ Features DigitalOnQ will significantly reduce the labor and material costs associated with outdated methods such as downloading from memory cards and burning files to expensive and trouble-prone CDs and DVDs. Additional cost-savings come with eliminating packaging materials as well as the time currently spent booking and storing discs as physical evidence. DigitalOnQ provides the flexibility to upload and store digital evidence from various media types. This may include body-worn camera footage, car-video, proprietary FileOnQ; Inc. -Corporate Offices: 832 Industry Drive Seattle; WA 98188—Phone 800-603-6802 Page 21 of 36 49 Filet EvidenceOnQ Crime Scene to Court Room surveillance footage, photos, and audio files -- all stored in a central repository in their native format. DigitalOnQ enables users to upload digital evidence in batches and then enter identifying information and assign security by using drop-down menus, free-text fields, and classifications. DigitalOnQ provides a secure, 100% SWGIT compliant repository for all images, video, and other forms of digital evidence. Image authentication processes are built-in, making original images preserved and tamper-proof. The digital file tracking logs every time a user views, edits, or moves a digital file. Capture and Ingest Evidence t:y>atl•ct4m t^_!i•onaiGmC CKXaKtrh Zomo Upload DigitalOnQ provides the flexibility to store all types of media and allows agencies to group or associate evidence into categories to meet the agency's processes. This may include 4 F''K11' a crime classification, the location, a detailed description, and '°`"""`''""Liely '"`" the involved people. ca,nera ux9eck Batch upload ' r .=5 Users can select and upload a single file or a large group, '`' <derr.gr. regardless of the file type (audio, video, digital images, zip files, proprietary players, etc.) . &neerae!, All digital evidence files that are uploaded will be associated with a case number as well as other metadata fields such as involved people, case dates, location, description, etc. .............................................................................................. Nested digital evidence folders can be zipped and uploaded to maintain the folder structure. Metadata associated with the case number can be pulled from a case management system through an integration API. The remaining information can then be entered by the user. As files are uploaded, the user will be prompted to enter the mandatory metadata fields as designated by the system administrator FileOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 22 of 36 50 Filet EvidenceOnQ �'' Crime Scene to Court Room t .... ... _. .uYt .... s DigitalOnQ Web Upload Digital evidence can also be uploaded from in the field using the supporting web browser application, DigitalOnQ Web. This is an optional module and is sold separately. ...>.w. sem — ,mom . Control Evidence Authenticity DigitalOnQ manages the authenticity of files starting from the uploaded screen. All uploaded evidence is stored in its original format in the designated on- premise storage devices or the MS Azure government cloud. The original downloaded file is maintained and will never be altered. Any later modifications are shown as separate, modified files. FileOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 23 of 36 51 File t►.y1 EvidenceOnQ �' Crime Scene to Court Room Authentication at upload DigitalOnQ will automatically check the An snaoy^.Hoak authenticity of uploaded media and verify it Q -""°• •• was uploaded from the original source. If •'• ' - authentication fails, the system will request user verification to assure authenticity or to enter an explanation for the failure. This mwas.444444,20 notation is documented in the chain of custodyI for the questioned file. Hash Value ' ,.--•. The system will hash the uploaded digital file and store the hash value in the database. The current hash value is constantly compared to the original value to validate the evidence has not been modified. Chain of Custody The system tracks every action taken against the digital evidence file, including view, print, download, etc. and register those actions in the database along with the user, time and date. This chain of custody is displayed next to every digital evidence file in full screen view in addition to a printed chain of custody report. If a copy of the digital evidence has been enhanced, the system will display a family tree outline of all the enhanced copies and their relationship to the original file, i.e. a child or a child of a child. An easily viewed icon displays the authenticity status of that file, alerting the user to any potential problems. For example, a file that has been altered without the knowledge of the system or an image that was enhanced and is not the original. A complete history of enhancements made on a file is tracked and stored in the unalterable chain of custody. It will reflect the difference between the original and any variations, as well as the user that made the changes. FileOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 24 of 36 52 Filet EvidenceOnQ Crime Scene to Court Room •4x "" W,V.. ... ; .Sa .....vrvmw:.w.w vwmm.ra Dal Cal • J'. • yv: v..::wry w. p. • ................................................................................................................................................................................................................... Organize and Manage Evidence DigitalOnQ offers easy to use search tools using numerous criteria: name, case number, type, date, photographer, and any metadata field. This eliminates searching through CDs and DVDs to find needed files. All files are easily viewed in a detailed thumbnail view with a one-click preview access. Pam: aa-a ,r ' ' rson. W atr Query Builder DigitalOnQ allows for more complex, specific searches through the query builder utility. These queries can be named and saved, allowing them to be quickly run again in the future. Users may choose any database field in the query or have the query prompt the user fora value. 13 Q a ;rrrrrrrrrrrrrr ._e. FileOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 25 of 36 53 Filet EvidenceOnQ c' Crime Scene to Court Room Grouping DigitalOnQ gives users the ability to group the results of a query in a virtual folder structure. For example, "All evidence in a case number, grouped by photographer." That same query can also be grouped by location, case type, or any other available metadata. ....................................................... gnat . r , • View 1 Watermark View DigitalOnQ allows designated users to view " N images in unmasked, full-screen mode. A ;'MEM Alternatively, a security setting can be applied to a user group to force-display a customized watermark mask prominently across images *—'" when viewed. The watermark can display the ---- t . , ... -:• agency's name, department logo and/or the r'tt "'t r��t login ID of the viewing user. The mask Wet discourages users from photographing or video capturing images displayed in the DigitalOnQ system. In the full-screen display mode, users can also view the original image metadata and a full chain of custody for the selected digital file. Edit information Users can easily modify case information that was entered incorrectly such as case number or location, or information that has changed due to case developments such as incident classification, involved people, or file annotations. Edits can be made to an individual image, an entire query result set of images, or to a group of selected images. FileOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 26 of 36 54 Filet EvidenceOnQ c'' Crime Scene to Court Room a "0 .lc.µ... Classify With appropriate permissions, a user may change the classification of a case or a selected group of evidence files within a case. Proper classification ensures the retention policy is applied correctly to the digital evidence. Access to evidence is also controlled by the crime classification, making accurate and updated case and data essential to the security of the evidence. Annotate Users may add an annotation to individual files or an entire group of files. These annotations aid in organizing and retrieving the digital evidence. Annotations can be made at the time of upload, at a later date, or modified as the need arises. DigitalOnQ will document all annotation changes in the chain of custody for each digital media file. izattt FileOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 27 of 36 55 Filet EvidenceOnQ Crime Scene to Court Room Provide Discovery DigitalOnQ provides options for sharing digital evidence to other entities and agencies, such as a prosecutor's office. Sharing can be done by authorized users in several ways, including printing and distributing copies or proof sheets, sending an email link to a temporary digital storage location, copying files to a shared drive, disk or USB drive, and granting case-specific rights to a user through a local account. Users may choose to share digital evidence in a case with another law enforcement agency or the prosecutor's office. The user clicks on share, enters the email address of the recipient, then shares the file. The system delivers an email containing a link that allows the recipient to log in and review the digital evidence. With permission, the evidence can be downloaded into a storage media file. When digital evidence is shared, all the metadata associated with the evidence is shared also. An agency may elect to store some digital files in a separate software application like body worn camera or in-car video systems. DigitalOnQ can link to case-related evidence in these applications and alert users that other evidence exists, without the need to download the files from the other system and duplicate their storage in DigitalOnQ. } ..... S. ..... .............. r OP r. . , Burn and Download Authorized users may select images or videos to be burned to a DVD or CD. DigitalOnQ ensures no media copies are left on the local hard drive and verifies the burned media is a guaranteed working copy. FileOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 28 of 36 56 File Evidence niti Crime Scene to Court Room Print Users can print individually selected files or an entire query-result group at once. Print options include thumbnails, 2x2, 3x3, 4x3, or full page. Printed images can be grouped by case number or photographer, with an option to include all metadata and chain of custody. • Generate Derivative Evidence Enhance DigitalOnQ offers a light image enhancement utility that allows minor enhancements on digital images. These include options such as: crop, rotate, apply grayscale, add arrows and shapes, etc. The enhanced images are associated with the original (parent) file and saved as a separate child copy. An enhancement history is saved to the chain of custody of the new child image showing the steps taken for enhancement. FileOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle, WA 98188—Phone 800-603-6802 Page 29 of 36 57 File c1 EvidenceOnQ Crime Scene to Court Room ...rr. .nr:...... • a.t 'sc^..M!.iA!:.j...::... • • kk .: ,�f:.. .y..gv[,:�::��'r?fi::.v,: ::.:,�::: �_:7.w. .�;�rrxa':v7 t�:rr~ �:r. +xYE'siw:r:::.:xx. "�y.;Yxf.:{:r"•tr.�'-. .. n... . .'!M::s')' ••, •,:M:u''ta:.:ti�:<. Manage digital evidence life cycle Establish Retention Rules A retention period can be assigned to digital evidence. This review period is usually based on the classification of the crime and can be set by the user. When retention periods for digital evidence expire, the system can send an email notification to a designated user. Users may also perform a query for all evidence with expired retention dates. Disposition I Expungement DigitalOnQ will monitor expired retention periods and alert a specific user or a designated group to take action. All routines to archive or move can be easily overridden and run manually with one click of a button. In addition, a query result archive function enables the user to run a query, select the entire result or a subset of the result, then manually archive or move the selection. Digital evidence can be purged from DigitalOnQ in several ways. Eligible evidence can be deleted automatically by the system at the end of its assigned retention period. Another option is to notify the user of evidence that is ready for removal, enabling an authorized user to manually delete the files. The functionality and flexibility of DigitalOnQ ensures agencies are compliant with purging policies and procedures. It also provides security controls for appropriate authorization prior to evidence being deleted. Digital evidence files can be completely deleted from the system along with the associated database records. Another option is to delete the original files only, keeping all other information, including the chain of custody and metadata, for archival purposes. FileOnQ, Inc. -Corporate Offices: 832 Industry Drive Seattle; WA 98188—Phone 800-603-6802 Page 30 of 36 58 File Evidence Crime Scene to Court Room System Administration Administrator The Administration settings enable a DigitalOnQ administrator to set user group permissions and restrictions by allowing or denying certain functionality. Permission settings control system processes such as print, view, burn, delete and annotate. Authorized system administrators may also configure the watermark settings, evidence media storage volume, classification values, and evidence retention settings. F ileOnQ, Inc. -Corporate Offices: B32 Industry Drive Seattle, WA 9818B—Phone 8GO-603-6BD2 Page 31 of 36 59 File Evidence Crime Scene to Court Room Maintenance and Support: At FileOnQ we are committed to do everything necessary to ensure you are completely satisfied with our product and support. The first 12 months unlimited maintenance, support, and training is provided with the purchase of your EvidenceOnQ System. This includes: ✓ Free in-version upgrades ✓ Unlimited telephone and online support ✓ Unlimited training via telepone and web-converence ✓ Bug fixes or new build patches ✓ Loaner hardware if needed ✓ Assistance with developing new policies and procedures ✓ Access to the EvidenceOnQ website with training videos and tools With annual maintenance and support our customers receive in-version improvements and enhancements totally free of charge. When a support need arises, you will appreciate our direct line via our 800 number as well as our live On-Line Web Support Meeting Center. Email: Support(cilfileonq.com Phone: 1-800-603-6802 select 4 from the menu Agencies that maintain annual maintenance and support contracts are routinely provided with deep discounts for new products being introduced. EvidenceOnQ customers overwhelmingly agree that the ongoing maintenance, support, and training improve their system use and departmental productivity to the extent that the investment pays for itself several times over. FileOnQ, Inc. -Corporate Offices: B32 Industry Drive Seattle; WA 98188—Phone 800-603-6BD2 Page 32 of 36 60 File Evidence Crime Scene to Court Room QTY. SECTION 1: Software Licenses and Seats —TOTAL: $76,245.00 1 EvidenceOnQ 7.1 Application Software License: Single Database/Application for up to 1 million records Utilizing SQL Server Database (provided by customer) and WebView utilizing IIS server (provided by customer) 10 Concurrent User Licenses Included 1 MobileOnQ module plus software for 1 Motorola MC67 devices 1 Workflow notification module, including automated disposition notification and configuration of 3 triggers. 1 eDocs and electronic imaging module 1 Audit Compliance Report SECTION 2 Hardware—$3,965.00 2 Topaz T-LBK755 Signature Pad with 4X3 LCD 10 Case of 4x2" thermal transfer labels (4 rolls per case @ 1,100 labels per roll) 7 Case of thermal transfer printer cartridges (6 per case) 1 Motorola MC67 handheld mobile PDA with docking station SECTION 3: System Implementation and Training $17,240.00 1 EvidenceOnQ Tailored Application Configuration, population of user groups and permissions, locations, and lookup values 6 Days on site to provide training. Includes travel and per diem costs. Includes training sessions, assistance with developing new procedures, and training materials 8 Custom Tailored Reports: Property Report, Notification Letter, Chain of Custody, Checkout Receipt, Disposition Notification, Standard List, Property Room.com Manifest, WSP RFLE Lab Request SECTION 4: Professional Services-$17,500.00 1 Data Import from Porter Lee, Spillman, and DEC evidence systems. Extracted data provided by customer in a tab delimited text file. Customer will do data clean up as necessary. 1 Integration with Spillman RMS system 1 Integration with Active Directory SECTION 5: DigitalOnQ-$87,395.00 1 DigitalOnQ license for up to 100,000 uploads per year, 15 concurrent user licenses, all features and functionality included in this proposal. 1 Integration with Veripic, import existing digital files into DigitalOnQ SECTION 5: Annual Maintenance and Support-$14,800.00 1 12 Months maintenance and support for software and license ($13,700) 1 12 months maintenance and support for integration with Spillman ($900) Beginning year two, DigitalOnQ maintenance and support will be billed at$8,990 TOTAL INVESTMENT CONSIDERATION EVIDENCEONQ: $216,945.00 - Cash discount until 12.31.2019 - 40,000.00 SUB TOTAL $176,945.00 + 8.2% sales tax +14,509.49 $191 ,454.49 FileOnO, Inc. -Corporate Offices: 832 Industry Drive Seattle; WA 98188—Phone 800-603-6802 Page 33 of 36 61 U�U� [",� �� �� �� | ��0p�� � �m�� ��V ��o" .vu��" ,�� ' mm � Crime Scene to Court Room NOTE: The products and services outlined in this proposal were also provided to Snohomish County, Washington based on the bid award to FileOnQ under RFP 20-18SB and signed contract dated August 14. 2019. The City of Yakima is making the purchase of EvidenceOnQ and DigitalOnQ based on the piggyback clause included in the Snohomish County contract. Fi|eOnO. Inc. 'Corporate Offices: 03% Industry Drive Seattle, VVA98188—Phone 8OO'0O3'O0O% Page 54of3O 62 ��°N [ �� �� �� m�m�� �� [V|[J��������� " ' �^/ '���/ / ' Crime Scene W Court Room P � / 3V00cO| m� & 'ul .sUJ0Ue5: Milestone Tasks Amount _ One l. Conduct project kick-off meeting iodiscuss $50/008.00 implementation and assign project tasks. l. Hold Profile Design noeedng/s\ tn determine the layout of the EvidenceOo[}screen. 3. Provide existing evidence data toFi/eOn[}for data mapping and import. 4� Hold data import design meeting tu determine data field mapping. S. Providefi�|dva|ue�/ /ocahoo�/ aodu�er�roop� ioFi|e0o[[ Two 0. Populate all tables, dropdovwn menus, locations, user $50'00U.00 groups, etc. (all systems) 7� Develop custom reports 8. Define workflow for integration with New World RMS system 9. Delivery of hardware and peripherals 1O. Installation and configuration of software and hardware Three ll. Complete and validate data import \91/454.49 l2. Validate and complete testing of all systems, hardware, Q software, including integrations 13. Complete training of all evidence staff. Provide training materials/video for sworn personnel and in-person training sessions asneeded. l4. 6o live. System Acceptance. Total: $191.454.49 FileOoC>. Inc, - Corporate Offices: 032 Industry Drive Seattle, vVA80100-Phone 0OO'0O3-O0O2 Page 35of56 63 File Evidence Crime Scene to Court Room System Requirements Hardware Network Pentium 4 or higher (Xeon [Core i3/i5/i7] Windows Networking using TCP/IP, UNC recommended) Name resolution (DNS) 2 GB RAM (8 GB recommended) Shared UNC path for shared settings 2 GB disk space Other SVGA display (1024x768 or higher SQL Server PDF viewer software (such as Adobe Reader) SQL Server 2012 If adding WebView or MobileOnQ SQL Server 2014 Internet Information Services (IIS) 7 or higher SQL Server 2016 .NET Framework 4.0 SQL Server 2017 Windows Networking using TCP/IP Either Express, Standard or higher editions If adding eDocs Operating System Disc Space dependent on number and content The following editions of Windows Server are of documents stored supported: If adding DigitalOnQ Windows Server 2012 8 GB RAM (12 GB recommended) Windows Server 2012 R2 Disc Space dependent on number and content Windows Server 2016 of documents stored SQL 20012 or above required DESKTOP Software Hardware The following versions of Microsoft Windows are Pentium 4 or higher supported: 1 GB RAM (4 GB recommended) Windows 7 400 MB disk space Windows 8.0 SVGA display (1024x768 or higher) Windows 8.1 If adding MobileOnQ Windows 10 .NET Framework 4.0 Windows Mobile Device Center (on PC with Internet Explorer 8.0 or higher docking station) PDF viewer software (such as Adobe Reader) If adding DigitalOnQ 4 GB RAM (8 GB recommended) .NET Framework 4.5 FileOnO, Inc. -Corporate Offices: 832 Industry Drive Seattle; WA 98188—Phone 800-603-6802 Page 36 of 36