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HomeMy WebLinkAboutWatchGuard's Response to City of Bozeman's RFP 1-13-21 1510    DUE: January 14, 2021 at 3:00 PM MST Proposal for    Body‐Worn Cameras (BWC),   In‐Car Mobile Video Recorder (MVR),   Interview Room Recording Systems   and Related Data Management    City of Bozeman, MT                                Submitted by  WatchGuard Video, Inc.  415 E. Exchange Pkwy. Allen, TX 75002  1.800.MPEG (6734)  www.watchguardvideo.com  14 January 2021 City of Bozeman Attn: Mike Maas, City Clerk PO Box 1230 Bozeman, MT 59771-1230 Reference: Request for Proposal for Body-Worn Cameras (BWC), In-Car Mobile Video Recorder (MVR), Interview Room Recording Systems and Related Data Management Dear Mr. Maas: Please accept the attached completed proposal as a statement of our willingness and intent to participate in the City of Bozeman’s procurement process for Body-Worn Cameras (BWC), In- Car Mobile Video Recorder (MVR), Interview Room Recording Systems and Related Data Management. 4RE HD makes high definition practical by eliminating the painful compromise between video quality and file storage needs. This means your agency will have high definition video for all of your court-bound video while simultaneously requiring less total storage than any other competing systems – in other words you get HD video at SD cost. Our new generation of VISTA has a tight integration with our 4RE in-car video systems. When integrated with the 4RE in-car video system, multiple officers using VISTA WiFi can intelligently collaborate in the recording of a single incident, strengthening case evidence through synchronized video from multiple vantage points using Distributed Multi-Peer Recording. EvidenceLibrary.com is a fully cloud hosted back office solution allowing an agency to have the application and all video storage in the cloud. EvidenceLibrary.com utilizes Microsoft Azure Government, which is an isolated version of Azure that is exclusively used by US Government Agencies and qualified vendors. Thank you for your consideration to this proposal. WatchGuard’s offer is subject to the responses contained herein, including all clarifications and exceptions, including to the terms and conditions of the Professional Services Agreement and addenda enclosed in our response. Respectfully Submitted, Andres Lacambra Senior Director Contact Information: Main Point of Contact Jeff Parker, Senior Account Manager (469) 343-6763 - Direct jeff.parker@motorolasolutions.com - Email Second Point of Contact Fran Judge, Senior Sales Manager (661) 714-5959 - Direct fran.judge@motorolasolutions.com - Email Company Headquarters WatchGuard, Inc. 415 E. Exchange Pkwy. Allen, TX 75002 (800) 605-6734 – Toll Free (972) 423-9777 – Main (972) 423-9778 – Fax WatchGuard Video 415 E. Exchange Pkwy, Allen, TX 75002 1.800.605.MPEG (6734) www.watchguardvideo.com Table of Contents Proposal Requirements 1 Scope of Services 71 Contractual Documentation 101 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP PROPOSAL REQUIREMENTS 11 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP 1.The vendor name and contact person, together with the address, telephone number and email address, of the office from which the services will be provided. Corporate office information shall also be provided, if applicable. Corporate Information  Name WatchGuard Video, Inc.  Address 415 E. Exchange Parkway  Allen, TX 75002‐2626  Phone (972)423‐9777 Contact Information  Name Jeff Parker  Phone (469)343‐6763 Email jeff.parker@motorolasolutions.com  CORPORATE OFFICE INFORMATION  22   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   2. A brief history of the vendor (limit two pages), including organization structure, location  of management, and evidence that the firm is authorized to do business in the State of  Montana.   WatchGuard, a wholly owned Motorola Solutions, Inc. company, was founded in 2002 and  began full production of its mobile video products in September of 2005, with initial shipments  of our in‐car solution beginning in October 2005.  WatchGuard began deploying wearable  cameras to law enforcement agencies in 2010. VISTA has been available to purchase since  December 2014 and began shipping in March of 2015.    WatchGuard is the world’s largest manufacturer of video systems for law enforcement,  providing systems to over one third of all U.S. and Canadian law enforcement agencies.  In the  most recent industry survey by IHS, WatchGuard was again recognized by this independent  research organization as the worldwide market share leader in mobile video surveillance  systems.   We currently have approximately 7,000 law enforcement agencies as customers and over  115,000 of our mobile DVR systems in the field. WatchGuard has moved solidly into the number  one market share position for US sales of digital police in‐car video systems.    Principal Place of Business  All product manufacturing is done domestically in the company’s 144,000 square foot facility in  Allen, Texas. The facility accommodates approximately 500 employees and all departmental  work areas, including a 43,000‐square‐foot manufacturing facility where all of WatchGuard’s  products are assembled.     BRIEF HISTORY  33   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   Primary Line of Business  Our business is focused on law enforcement video and evidence management systems.  WatchGuard’s product strategy revolves around providing premium hardware with  functionality that can only be performed in hardware (versus software solutions) and video  management solutions that achieve automation through integration.  Our hardware roadmap  includes further reduction in the size and weight of our body worn camera, continued  improvement in the audio and video quality of our already industry leading cameras and  microphones, increasing product longevity through improved materials and construction  thereby reducing total cost of ownership for our partner agencies, tight integration with most  CAD/RMS vendors, further integration, feature improvements and ease of use for our redaction  software, and development of next‐gen platforms for our body worn, in‐car offerings and video  management software that take advantage of emerging AI technologies, speech recognition  abilities and facial recognition technologies.  WatchGuard continues to invest heavily in projects that bring immediate value to our partner  agencies.  We have one of the largest and most prolific engineering groups in the industry.  Our  current 100+ person (and growing), senior level engineering team is comprised of a wide range  of expertise and experience that includes:   System architecture   High reliability systems design   Image processing   Video encoding/decoding   Audio encode/decode   MPEG2/MPEG4/H.264   High speed data processing   High speed communication   Digital signal processing   FPGA/CPLD designs   User interface design   Kernel/driver development   File system design   Board design and layout   Mechanical and industrial design   Thermal analysis   Rigorous system validation and  testing.  This incredible amount of development horsepower is focused exclusively on the capture,  management and integration of law enforcement video.  WatchGuard’s commitment to innovation can be seen in the large investments we make in the  Research and Development of new products. We have the largest engineering team in the  industry and have invested over $66 million into the development of digital video systems for  law enforcement. We feel that innovation of quality and technically advanced products is  essential to maintaining our position in this fast paced and rapidly evolving industry.   WatchGuard has been pioneering technological innovations since its inception in 2002.  Over its  history, WatchGuard has been first to market with many technology breakthroughs including  (1) the industry’s first and only completely integrated and synchronized in‐car and body worn  system, (2) the industry’s first HD in‐car video system, (3) Record‐After‐the‐Fact functionality,  (4) multiple resolution recording and (5) the industry’s first direct‐to‐DVD in‐car video system.  44   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   First to Market Innovations        5555   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   3. The vendor will list successfully completed and implemented BWC/MVR/Interview Room  and Data Retention/Management contracts with other governmental entities over the  past three (3) years including the number of cameras placed/supported and the degree  to which data storage/management program was included.   Agency Product Storage  Beaverhead County Sheriff’s  Office  7 – In‐Car Cameras Evidence Library Express  Big Horn County Sheriff’s  Office  15 – In‐Car Cameras Evidence Library Express  Conrad Police Department 6 – Body Worn and In‐Car  Cameras  Evidence Library Express  Ennis Police Department 1 – In‐Car Camera Evidence Library Express  Flathead County Sheriff’s  Office  42 – In‐Car Cameras On‐Premise Evidence Library  Hamilton Police Department 14 – In‐Car Cameras On‐Premise Evidence Library  Missoula International  Airport  In‐Car Cameras Evidence Library Express  Missoula Police Department 75 – In‐Car Cameras On‐Premise Evidence Library  Montana State University  Police Department (NASPO  Value Point)  20 – In‐Car Cameras Evidence Library Express  Musselshell County Sheriff’s  Office  7 – In‐Car Cameras Evidence Library Express  Powell County Sheriff’s Office 10 – In‐Car Cameras Evidence Library Express  Red Lodge Police Department 7 – In‐Car Cameras On‐Premise Evidence Library   Sheridan County Sheriff’s  Office  9 – In‐Car Cameras On‐Premise Evidence Library  SUCCESSFULLY COMPLETED CONTRACTS  6666 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP 4.A list of references the City may contact to assist in the evaluation of your past performance. For each reference listed, the information provided should consist of the following: a.Name and mailing address of the governmental entity. b.Name and telephone number of your contact person within said governmental entity. References Name of Organization Billings Police Department Address 220 N 27th Street, Billings, MT 59101 Contact Person Quartermaster Mark Balter Phone (406) 672-334 Email balterm@ci.billings.mt.us Name of Organization Flathead County Sheriff’s Office Address 920 S Main Street, Kalispell, MT 59901 Contact Person Sargent Nic Salois Phone (406) 758-5869 Email nsalois@flathead.mt.gov Name of Organization Missoula Police Department Address 435 Ryman Street, Missoula, MT 59802 Contact Person Sargent Collin Rose Phone (406) 552-6330 Email RoseC@mi.missoula.mt.us Name of Organization Musselshell County Sheriff’s Office Address 820 Main Street, Roundup, MT 59072 Contact Person Undersheriff Jason Bednar Phone (406) 671-6700 Email jdebnar@co.musselshell.mt.us Name of Organization Yellowstone County Sheriff’s Department Address 2323 2nd Avenue N, Billings, MT 59101 Contact Person Lieutenant Kent O’Donnell Phone (406) 256-2926 Email kodonnell@co.yellowstone.mt.gov REFERENCES 77   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP     c. Information on the nature and magnitude of any litigation or proceeding  whereby, during the past three (3) years, a court or any administrative agency  has found fault, held proceedings or ruled against the proposer in any matter  related to the professional activities of the proposer. Similar information shall be  provided for any current or pending litigation or proceeding. WatchGuard Video, Inc. is a wholly owned subsidiary of Motorola Solutions, Inc., a publicly traded company. Motorola Solutions, Inc. (Motorola Solutions) discloses all material litigation in its Annual and Quarterly reports filed with the United States Securities and Exchange Commission (SEC). The Annual Report on Form 10-K and any subsequent Quarterly Reports on Form 10-Q, contain a description of litigation considered to be material in accordance with the public disclosure requirements of the SEC. Motorola Solutions is not currently aware of any litigation associated with the products or related services that are the subject of the RFP. Our Annual Report on Form 10-K and Quarterly Reports on Form 10-Q can be found at www.sec.gov or on our website, www.motorolasolutions.com/financials.cfm 8888   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   5. Time frame in which the project as defined within this RFP can be completed, including  the approach to the project and any unusual problems anticipated.   PROJECT MANAGEMENT METHODOLOGY  WatchGuard’s approach to successfully implementing the City’s project will control risk,  schedule, and costs from contract signing through post implementation.   For the City’s system implementation, WatchGuard will bring together a local team of technical  service engineers, subject matter experts, and qualified subcontract personnel, all under the  direction of an experienced Project Manager who will have overall responsibility for the project.   The combined strengths of WatchGuard’s project team will enable us to successfully balance  the City’s project schedule and technical/budgetary requirements. WatchGuard’s project team  for implementation will include, but may not be limited to, the key personnel listed in the table  below.   PROJECT TEAM MEMBER CORE COMPETENCIES  Project Manager Manages the entirety of the project from  start to completion, as defined in the  contract. The Project Manager will be the  single point‐of‐contact for all items related  to the contract and will serve as the official  communication between the City’s Project  Manager and WatchGuard’s.   Systems Engineer Ensures the technical integrity and  functionality of the system design. The  Systems Engineer will serve as a technical  point‐of‐contact for the City.   Account Manager (Regional Sales Manager or  RSM)  Addresses the needs that arise from daily  operations, as well as issues resulting from  system implementation.   Technical Services Engineer Consists of trained and qualified technicians  to provide rapid response, repair,  restoration, installations, removals, and  programming tasks.   SAMPLE PROJECT PLAN  9999   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   Third Party Subcontractor Consists of trained and qualified technicians  to install in‐car systems, interview room  systems, and uninstall competitor systems  according to the guidelines and the training  outlined by WatchGuard.   The project team will work with the City’s personnel to establish a project schedule that tracks  tasks, milestones, start‐end dates, and owners based on a Work Breakdown Structure (WBS).  The project schedule will guide the implementation through each phase, as shown in the  diagram below.     SAMPLE PROJECT PLAN  Task Task Description  Effort  Estimate  in Days  Sample  Start  Date  Sample  End  Date  1.0 Project Initiation  1.1 Project award 1 05/09  ‐‐  1.2 Purchase order received 1 05/18  ‐‐  10101010   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   1.3 Shipment delivered (approximate 30‐day product lead time) 30 06/18 07/18  2.0 Planning and Design  2.1 System and storage design 3 07/19 07/22  2.2 Finalize server and network plan 3 07/19 07/22  2.3 Finalize installation locations and procedures 10 07/22 08/01  3.0 Information Systems Installation  3.1 Provision network connectivity and allocate address  space 3 08/01 08/04  3.2 Provision server and install base components 3 08/01 08/04  3.3 Install, configure, and test Evidence Library 3 08/05 08/08  3.4 Perform end‐to‐end system testing 2 08/08 08/10  3.5 Complete information systems installation 1 08/11 08/11  4.0 Training  4.1 Administrator training 1 08/12 08/12  4.2 User training 1 08/13 08/13  4.3 Technician training 1‐2 08/14 08/15  11111111   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   6. The capacity and capability of the vendor to perform the work within the time limitations  indicated.   WatchGuard Video, Inc., a wholly owned subsidiary of Motorola Solutions, Inc., is the world’s largest manufacturer of video systems for law enforcement, providing systems to over one third of all U.S. and Canadian law enforcement agencies. We currently support approximately 7,000 law enforcement agencies with over 115,000 of our mobile DVR systems in the field. Based on our proven track record, WatchGuard successfully executes projects within 6-8 weeks. CAPACITY AND CAPABILITY  12121212   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   7. Fees or fee structure as may be appropriate for the designated service.  Please provide a  separate Appendix containing an itemized breakdown of all associated costs, separating  hardware, software, installation, upgrades and warranties.       Please see the following pages for itemized breakdown of all costs. FEE STRUCTURE  13131313 Quote For: Bozeman Police Department Attn: Cory Klumb Reference: Bozeman PD RFP Quote By: WatchGuard Video Madeline Hodson Date: 12-16-20 Serving Law Enforcement with the Most Compelling, Quality Video Products 14141414 The Wall Street Journal Management Top 250, No. 92, November 2019 Fortune World’s Most Admired Companies, No. 3 in Networks and Other Communications Equipment, January 2019 AWARDS Forbes World’s Best Employers, October 2018 Dow Jones Sustainability North American Index, September 2018 WayUp Top 100 Internship Programs, August 2019 MOTOROLA SOLUTIONS Motorola Solutions is a global leader in mission-critical communications. Our technology platforms in communications, command center software, video security & analytics, and managed & support services make cities safer and help communities and businesses thrive. TECHNOLOGY PLATFORMS BY THE NUMBERS MISSION-CRITICAL COMMUNICATIONS COMMAND CENTER SOFTWARE VIDEO SECURITY & ANALYTICS MANAGED & SUPPORT SERVICES $7.3 BILLION in annual sales (2018) $637 MILLION in R&D spending (2018) $3.3 BILLION in acquisitions spending since 2016 17,000+ EMPLOYEES in 60 countries 100,000+ CUSTOMERS in over 100 countries 6,900+ PATENTS granted and pending 13,000 NETWORKS across the globe HEADQUARTERS 500 W. Monroe Chicago IL USA MEDIA CONTACT Brittany Kelly | 224-246-3914 brittnay.kelly@motorolasolutions.com CHAIRMAN & CEO Greg Brown Motorola Solutions, Inc. 500 West Monroe Street, Chicago, Il 60661 U.S.A. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2019 Motorola Solutions, Inc. All rights reserved. 12-2019 We have a rich history of firsts, including pioneering mobile communications in the 1930s, making equipment that carried the first words from the moon in 1969 and developing the first commercial handheld cellular phone in 1983. Today, our global employees are committed to designing and delivering the solutions our customers refer to as their lifeline. At Motorola Solutions, we are ushering in a new era in public safety and security. Page 1 of 10 15151515 WatchGuard Video 415 E. Exchange Allen, TX 75002 (P) 800-605-6734 (F) 212-383-9661 Issued To: Bozeman Police Department - Attention: Cory Klumb Date: 12-16-20 Project Name: Bozeman PD RFP Quote ID: MCH-0014-02 PROJECT QUOTATION We at WatchGuard Video are pleased to quote the following systems for the above referenced project: As-A-Service Qty Item # Description (31) AAS-ICV-BWC-5YR PaaS Integrated Body-worn camera and In-car video and evidence management software - 5 Year Video-as-a-Service Package @ $218 per Month Software, Hardware & Refresh: ● Video-as-a-Service includes cloud-based evidence management system, with unlimited storage and unlimited cloud sharing. o User licenses on a per-device basis. o EvidenceLibrary.com and select CommandCentral evidence capture, records, and community engagement capabilities included. ● Body-worn camera (choice of mount) ● Third year technology (Hardware) refresh. ● CarDetector Mobile LPR w/ Vigilant LEARN (PlateSearch) ● Body-worn camera (Choice of Mount) o Third year technology refresh ● In-Car Video System (Choice of forward camera) o Includes 200GB DVR, Control panel & Infrared cabin camera o WiFi Dock o HiFi wireless microphone kit, MiKroTik WiFi Kit & Smart Power Switch Subscription, Support & Warranty: ● 5-year agreement (billed Quarterly or Annually) ● No-Fault hardware warranty, Advanced hardware replacement service & 24/7 support (5) AAS-BWC-USB-DOC PaaS USB Docking Station Video-as-a-Service Package @ $4 per Month ● USB Dock for Body-worn camera including USB Cable (8) AAS-BWC-XFS-DOC PaaS Transfer Station (8 Bay) Video-as-a-Service Package @ $30 per Month ● 8-Bay Ethernet Transfer Station o Ethernet Cable, Rack mount (optional) & Power Cord (1) AAS-UPL-SVR-001 PaaS Upload Server - Video-as-a-Service Package @ $100 per Month ● Upload Server o Fast video offload, 8 TB of storage, 5 Year Warranty (10) AAS-CCD-USR-5YR Additional CommandCentral digital evidence user license - 5 Year License @ $36 Page 2 of 10 16161616 PaaS per Month ● Additional license for CommandCentral cloud-based evidence management system. o Unlimited storage and unlimited cloud sharing. o User licenses on a named-user basis. o Select CommandCentral evidence capture, records, and community engagement capabilities included. (29) AAS-BWC-5YR-001 PaaS Body-worn camera and evidence management software - 5 Year Video-as-a-Service Package @ $69 per Month Software, Hardware & Refresh: ● Video-as-a-Service includes cloud-based evidence management system, with unlimited storage and unlimited cloud sharing. o User licenses on a per-device basis. o EvidenceLibrary.com and select CommandCentral evidence capture, records, and community engagement capabilities included. ● Body-worn camera (choice of mount) ● Third year technology (Hardware) refresh. Subscription, Support & Warranty: ● 5-year agreement (billed Quarterly or Annually) ● Advanced hardware replacement service & 24/7 support ● No-Fault hardware warranty Subtotal Price (Excluding sales tax) $568,740.00 Upfront Purchase Qty Item # Description (3) 000-000 Access Points - $250 (1) 000-000 Redaction Enterprise License - $5,995 (1) 000-000 Redaction Tower - $4,000 (1) 000-000 Redaction Software Maintenance - $2,565 (1) 000-000 Technical Services (On-Site) - $5,000 (60) 000-000 Additional Batteries - $95 (84) 000-000 CAD/RMS Integration Tier 1 (ANNUAL COST) - $120 per device $10,080 (BWC&In- Car) ● this price is not included in annual cost of As-A-Service below, this would be an additional $10,080 a year. (3) 000-000 Access Point Installation - $1,000 Subtotal Price (Excluding sales tax) $37,090.00 Purchase as a Service (PaaS) Financial Profile Page 3 of 10 17171717 Total Price: $568,740.00 Contract Term: 5 Years Monthly Payments: $9,479.00 Annual Invoice: $113,748.00 Quote Notes: 1. Title and risk of loss for the Equipment will pass to Customer upon shipment by Motorola, notwithstanding any other terms and conditions. 2. 4RE and 4RE Interview room installation price will be subject to change based on quote from local shop. Quoted by: Madeline Hodson - 800-605-6734 - madeline.hodson@motorolasolutions.com Total Price (Excluding sales tax) $605,830.00 Amortized $568,740.00 Direct Purchase Items $37,090.00 Due Now $150,838.00 Annual Invoice (Excluding sales tax) $113,748.00 Page 4 of 10 18181818 WATCHGUARD V300CONTINUOUS-OPERATION BODY CAMERA The WatchGuard V300 continuous-operation body camera with detachable battery, wireless uploading and expansive storage addresses law enforcement’s need for cameras to operate beyond a 12-hour shift. SPECIFICATIONS SHEET | WATCHGUARD V300 BODY CAMERA Page 5 of 10 19191919 DETACHABLE BATTERY – Easily change the WatchGuard V300’s rechargeable battery while on the go. Keep an extra battery at the ready for unexpectedly long shifts, extra shifts or part-time jobs where a body camera is required. AUTOMATIC WIRELESS UPLOADING – Send critical video back to headquarters while still in the field. When docked in the vehicle, the V300 uploads to evidence management systems via wireless networks like LTE and FirstNet, anytime, anywhere. INTEGRATED WITH IN-CAR SYSTEM – One or more V300 cameras and a WatchGuard 4RE® in-car system can work seamlessly as a single system, capturing synchronized video of an incident from multiple vantage points. KEY FEATURES SPECIFICATIONS NATURAL FIELD OF VIEW – Eliminate the fisheye effect from wide-angle lenses that warps video footage. Our distortion correction technology provides a clear and complete evidence review process. ABSOLUTE ENCRYPTION – Elevate your data security with encryption at rest and in transit technology. V300 guards your data and your reputation. RECORD-AFTER-THE-FACT – Go back in time and capture video from events days after they happened, even when a recording wasn’t automatically triggered or initiated by the officer. Don’t rely on mere seconds of pre-event buffering to prove your case. Motorola Solutions, Inc. 500 West Monroe Street, Chicago, Il 60661 U.S.A. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 02-2020 For more information, visit www.watchguardvideo.com Microphones Dual Vertical Field of View Electronic Turret +15° /- 20° Field of View 130° Encryption At rest and in transit Weight 6.8 ounces Depth 1 1/8” Storage 128 GB IP Rating IP 67 Resolution 1080p, 720p and 480p Page 6 of 10 20202020 WATCHGUARD 4RE® HD PANORAMIC IN-CAR VIDEO SYSTEM Simple controls, HD cameras, wireless uploads and full integration with body-worn cameras have made the WatchGuard 4RE the world leader for in-car video policing. SPECIFICATIONS SHEET | WATCHGUARD 4RE IN-CAR VIDEO SYSTEM Page 7 of 10 21212121 KEV FEATURES INTUITIVE CONTROL-Icon-driven user interface and direct access keys make operation quick and simple. FULLY INTEGRATED WITH BODY CAMERA - The WatchGuard 4RE In-Car system and one or more body-worn cameras can work seamlessly, capturing synchronized vide of an event from multiple vantage points. UPLOAD ANYWHERE, ANYTIME - Recorded events are uploaded wirelessly via cellular network from vehicle to evidence storage with no officer involvement. SMART, EVENT-BASED RESOLUTION RECORDING -Record simultaneously in HD and SD and automatically save using a resolution configured to the event category. FULL PANORAMIC HD COVERAGE - See everything in front of the patrol car with the stunning video quality of a rotatable HD camera and an HD panoramic camera, all in one compact, rugged housing. NEVER MISS AN INCIDENT - RECORD AFTER THE FACT provides the power to go back in time and capture important evidence days after it happened, even when record wasn't pressed. DUAL DRIVE ARCHITECTURE - Video is continuously recorded to the internal Solid State Hard Drive (SSHD) and all active recordings are written to both the internal hard drive and the removable USB Flash Drive, providing event transfer options and backup. Full Coverage, Full Detail PanoramicX2Camera Zero Impact On Line Of Sight Zero Sightline !Zsl) Camera 12XOpticalZoom Hd Mini Zoom Camera Infrared Illumination Infrared Cabin Camera Added Viewing Side Or Rear-Facing Camera SPECIFICATIONS Hard Drive Storage Capacity 256GB Certified to Military Specification MIL STD 810-G Operation Conditions -40 °F to 185 °F For rrore ·nforrTctio'l, vi: Integrated and GPS for Speed and Location YES Integrated Crash Detection YES Hours of Recording Up to 80 hours motorol a solutions, com/in-car G MOTOROLA SOLUTIONS Motorola Solutions. Inc. 500 West Monroe Street, Chicago, II 60661 U.S.A. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners.© 2020 Motorola Solutions, Inc. All rights reserved. 02-2020 Page 8 of 10 22222222 As the requirement for law enforcement video systems continues to grow, the obstacles to acquisition remain the same. Raising funding and securing grants is difficult and time-consuming. Data storage and system maintenance costs are hard to predict. And video technology continues to mature, making a big investment potentially risky. Motorola Solutions is overcoming these obstacles by delivering its body-worn cameras, in-car video systems, evidence management software and support services through Video-as-a-Service. With no up-front investment required, you can deploy a new camera system and start using it immediately under a simple pay-as-you-go program. Everything you need is provided, including unlimited system users, unlimited data storage, 24/7 support and no-fault warranty coverage. NO NEED TO RAISE FUNDS Simply get what you need with no up-front investment and pay as you go. Turn a large capital investment into a manageable operation expense. BUDGET PREDICTABILITY Plan with confidence. The camera system, software, video storage and maintenance are included at a price that stays the same each month. ASSURED PERFORMANCE Get five years of no-fault hardware warranty, advance hardware replacement and 24/7 phone support, for assured performance and a worry-free experience. TECHNOLOGY REFRESH Receive free body-worn cameras and batteries during the program to refresh your inventory, keeping you current with the latest technology. VIDEO-AS-A-SERVICE GET YOUR CAMERAS AND GET GOING Our simple pay-as-you-go program helps you get everything needed for your body-worn and in-car camera video policing program without any upfront investment. FACT SHEET | VIDEO-AS-A-SERVICE Page 9 of 10 23232323 BODY-WORN CAMERAS IN-CAR CAMERAS INTEGRATED SYSTEM Systems WatchGuard V300 continuous- operation body-worn camera, detachable battery and camera mount. WatchGuard 4RE® in-car video system, CarDetector Mobile LPR and PlateSearch® software, infrared cabin camera, choice of forward- facing HD camera, HiFi microphone, WiFi upload kit and smart power switch. Body Camera System + In-Car System + WiFi access point/ body-worn camera dock for a seamless, integrated camera system. Evidence Management WatchGuard EvidenceLibrary.com cloud-based management system. Unlimited users, unlimited storage, unlimited sharing. Support Five years of no-fault hardware warranty, advance hardware replacement and 24/7 phone support. Refresh New body-worn camera with battery in third year. New body-worn camera with battery in third year. Motorola Solutions, Inc. 500 West Monroe Street, Chicago, IL 60661 U.S.A. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. ©2020 Motorola Solutions, Inc. All rights reserved. 07-20 For more information, please visit motorolasolutions.com/video-as-a-service PACKAGE SUMMARY Page 10 of 10 24242424   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   8. Availability of financial and operating resources as required to complete the work.   As a wholly owned subsidiary of Motorola Solutions, Inc., WatchGuard financials are incorporated in the audited financial reports found on Motorola’s investor site (http://investors.motorolasolutions.com/). FINANCIAL AND OPERATING RESOURCES  25252525   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   9. Please detail any financing or cost spreading options.     Please see the following page for financing and cost spreading options. FINANCING OPTIONS  26262626 BOZEMAN POLICE DEPARTMENT 5 YEAR COST BREAKDOWN QTY. UNIT PRICE QUOTED YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Body Camera 36 $845.75 $30,447.00 $30,447.00 8-Bay Transfer Station 8 $1,270.75 $10,166.00 $10,166.00 USB Charging Base 5 $95.00 $475.00 $475.00 Removable/Rechargable Batteries (Quantity Optional) 60 $99.00 $5,940.00 $5,940.00 4RE + V300 Bundle 24 $4,717.50 $113,220.00 $113,220.004RE Panoramic Camera 24 $200.00 $2,400.00 $2,400.00Wirless Kits 24 $200.00 $4,800.00 $4,800.00Access Points 3 $250.00 $750.00 $750.00 INTERVIEW ROOM SYSTEM 4RE Interview Room Camera Set-Up (2cameras) 7 $4,675.50 $32,728.50 $32,728.50 EVIDENCE LIBRARY LICENSING Evidence Library.com - BWC 60 $495.00 $29,700.00 $29,700.00 $29,700.00 $29,700.00 $29,700.00 $29,700.00 Evidence Library.com - 4RE In-Car 24 $695.00 $16,680.00 $16,680.00 $16,680.00 $16,680.00 $16,680.00 $16,680.00 Evidence Library.com - Interview Rooms 7 $695.00 $4,865.00 $4,865.00 $4,865.00 $4,865.00 $4,865.00 $4,865.00 Upload Appliance On-Prem (Optional) 1 $4,500.00 $4,500.00 $4,500.00 WARRANTIES AND MAINTENANCE V300 No-Fault 3-Year Warranty 60 $450.00 $27,000.00 $27,000.004RE 2nd Year Warranty (4RE & Interview Rooms)31 $100.00 $3,100.00 $3,100.00 4RE 3rd Year Warranty (4RE & Interview Rooms)31 $200.00 $6,200.00 $6,200.00 4RE 4th Year Warranty (4RE & Interview Rooms) 31 $325.00 $10,075.00 $10,075.004RE 5th Year Warranty (4RE & Interview Rooms) 31 $450.00 $13,950.00 $13,950.00 On-Site Training and Implementation 1 $5,000.00 $5,000.00 $5,000.00Access Point Installation 3 $1,000.00 $3,000.00 $3,000.00 CAD/RMS Integration Tier 2 84 $180.00 $15,120.00 $15,120.00 $15,120.00 $15,120.00 $15,120.00 $15,120.00 BWC Refresh Device at Year 3 60 $995.00 $54,000.00 $59,700.00 REDACTIVE SOFTWARE Redactive Enterprise License with 3-Year Support and Main.1 $8,560.00 $8,560.00 $8,560.00Redactive Tower (Optional) 1 $4,000.00 $4,000.00 $4,000.00 Discount $35,383.50 TOTAL $412,376.50 $66,365.00 $66,365.00 $66,365.00 $66,365.00 shipping $1,910.00 Year 1 Total $414,286.50 5 YEAR TOTAL $679,746.50 OTHER CHARGES DESCRIPTION BODY WORN CAMERA HARDWARE IN-CAR & BODY CAMERA BUNDLES 27272727 28282828   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   10. The ability of the firm to meet statutory or ordinance requirements.   WatchGuard has the ability to meet statuary and ordinance requirements. STATUTORY OR ORDINANCE REQUIREMNTS  29292929   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   11. Other items that may arise as a result of the proposal or interview process.   Please see the following pages for WatchGuard’s Technical Training Catalog. OTHER ITEMS  30303030 1 31313131 2 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021    WELCOME  Day in, and day out, governments and  businesses around the world rely on  effortless and reliable communication. Our  customers call it their lifeline. To help  businesses operate without interruption and  to safeguard communities, workplaces, and  ultimately, each one of us, we are determined  to help keep the  lifeline unbreakable.    With Motorola Solutions, Inc. WatchGuard  Training, we help your two biggest lifeline  investments - your personnel and your  technology infrastructure - work together  efficiently to maximize the value  of your communication technologies.    Whether your organization is new to our  latest innovations or has years of experience  with us, our Education Services team helps  expand your personnel’s skills and  knowledge for the full application of your  technology investment.    Starting with professionally developed,  real-world application and content, we  always design your training with the learner  in mind. Our experienced instructors average  20+ years in the communications industry  and specialize in Motorola Solutions  technologies and services. Immersive,  hands-on experiences, expert lab  environments, or online learning ensure we  meet your learners with the right kind of  learning at the right times.    Whether training is delivered virtually, at your  location or in our state-of the-art facilities,  we can help ensure that your personnel know  how to amplify your investment, maximize  operational efficiency, and ensure an  unbreakable lifeline.    We look forward to working with you.        32323232 TABLE OF CONTENTS    3 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021  TRAINING OPTIONS​………….4 LIVE TRAINING​……….….......9 COURSES​………………...…..….13  SAMPLE TRAINING  STRUCTURE…………….....…….5  DEPLOYMENT……………..…….. 9  IN-CAR VIDEO  SYSTEMS………………………….14  ONLINE TRAINING​…..........6 ON-SITE……………………..……….9 BODY CAMERAS.…..........18  HOW TO ACCESS……………...7 FACTORY  TRAINING………....9  SOFTWARE &  APPLICATIONS……...........22   VIRTUAL  TRAINING………...12  4RE & VISTA FACTORY  TRAINING………...………….....29  33333333 TRAINING OPTIONS In this catalog you will find a wide range of learning initiatives; some of them have been developed to be  completed at your own pace, and others are led by our Technical Instructors:        POLICIES AND REQUIREMENTS    CANCELLATION AND RESCHEDULING BY THE STUDENT  Customer cancellation or rescheduling made less than 30  days prior to the class start date will be subject to the full  course tuition.    CANCELLATION AND RESCHEDULING BY MOTOROLA  SOLUTIONS  Motorola Solutions reserves the right to change or cancel  classes up to 10 business days prior to the class start date.  You will be notified at that time of such change or  cancellation.    PROFESSIONALISM  Students are expected to maintain professional conduct and  dress at all times. Class dress is casual, but smart. For  safety and security reasons, we cannot permit shorts, thong  type sandals, or tank tops in the classroom.    LAPTOP REQUIREMENTS  All our classes require students to bring their laptops to the  classroom so that they may utilize an electronic copy of the  class material. Please review your enrollment confirmation  email for specific requirements for your class.    TRAINING CONTENT AND STRATEGY DISCLAIMER  All of Motorola Solutions training classes are designed to  support and align with the Motorola Solutions Service  strategy for each product. This strategy may include a  combination of (but not limited to) processes, procedures,  recommendations, and instructor experiential advice which  may involve repair, replacement, and or recovery of  hardware, software, or firmware of Motorola Solutions  products. The repair, replacement, or recovery of these  products may vary from product to product. Motorola  Solutions reserves the right to change the structure and  content of all courses at any time  4 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021  LIVE TRAINING  It consists of scheduled live sessions,  delivered either in a physical classroom  or in a virtual environment by our  technical instructors. Participants can  immerse themselves in the subject;  receiving substantial time for hands-on  training to develop solutions for unique  problems.     In both cases, the number of seating  available is limited and advanced  registration is required. Live Training is  split into three different categories  detailed within the Technical Training  Catalog: Deployment / On-Site, Factory  Training and Virtual Training.    ONLINE TRAINING  Online self-paced learning allows your  team to gain foundational knowledge on  a variety of topics using their computer,  at their own schedule​.      LIVE TRAINING VIRTUAL LIVE TRAINING ONLINE TRAINING  34343434 WELCOME TO WATCHGUARD TRAINING  WatchGuard is committed to providing high quality training and superior customer service for all customers  and partners. Our goal is to ensure that you have everything you need to experience WatchGuard products  at the highest level!            5 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021    DEPLOYMENT / ONSITE  User and administrator Group Training or Train-The-Trainer. Included in on-site or  remote deployment.    AND    ONLINE TRAINING (OPTIONAL)  Self-paced user and administrator training courses by product can be taken before  and/or after deployment training.    AND/OR    FACTORY TRAINING (OPTIONAL)  4-day in-depth hands on classroom setting training in Allen, Texas. Designed for  users, administrators and installers for 4RE, VISTA and evidence management  software. Features two specialized track options. Track option is chosen at  registration:    Track A: Advanced Administration & Troubleshooting  Track B: 4RE Vehicle Installation Certification    AND/OR    VIRTUAL TRAINING (OPTIONAL)  4-day virtual attendance split into a series of courses designed for new  administrators. Register and attend only the courses that apply to your department.   35353535 ONLINE TRAINING  WATCHGUARD ONLINE TRAINING – SELF-PACED TRAINING PROGRAM  ●Includes user accounts for each person in need of training  ●Grade reports available at request for tracking  ●Can be accessed 24/7 at https://training.watchguardvideo.com  ●Many courses available for all skill levels  ●Request information by emailing watchguard.training@motorolasolutions.com 6 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021    SELF-ENROLL TO COURSES BY PRODUCT  ●In-Car Video Systems  ●Body Cameras  ●Software & Applications  (see courses for more details)    AUDIENCE  All new users and administrators of the 4RE In-Car Video System, VISTA  body cameras, V300 body Cameras, and Evidence Library. Installers and  Fleet Maintenance Certification.    REQUISITE KNOWLEDGE  ​None  Online training is free to  current customers and can  be accessed using a web  browser from work or home.  Each online student must  have a registered user  account. Submit your  information using the form  below, and we will be in  touch with you within 24-72  hours to complete the  registration process.   36363636 HOW TO ACCESS  7 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021    The ​Training Point of Contact(s)​ should Follow the steps below to register for ​WATCHGUARD ONLINE  TRAINING​. These steps are also used to request the creation of additional user accounts.    1.Download the spreadsheet at ​https://training.watchguardvideo.com/  2.Fill out the spreadsheet with information on who will be the Training Point of Contact(s) and complete  the list for each person at your agency who needs to access WatchGuard Online Training.  • Each person must have a First  Name, Last Name and an active  unique email address listed.  (Example image on the left)  • The email address will be used  to send notifications to each online  student including initial access  information and password resets.  • If an email address comes back  and is unable to be delivered, the  Training Point of Contact(s) will be  notified to update the online  students account with an active  email address.    3.Send the completed spreadsheet as an email attachment to  watchguard.training@motorolasolutions.com  4.In approximately 1-3 business days, Training Point of Contact(s) listed will be notified by email to  confirm the request has been completed and provide information on how to begin accessing Online  Training.        37373737        8 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021    1.Log in to WatchGuard Online Training: ​https://training.watchguardvideo.com/  2.Enter your credentials on the right and click​ LOGIN  a.If you have forgotten your Login or Password click on “Lost password?”  3.Click the WatchGuard Training Logo on the top left at any time to return to the home page  4.Click the ​MENU​ icon on the left to toggle site navigation.   MY COURSES​ displays a list of the courses you are currently enrolled in. You can begin where you  left off by clicking a course name in this list.  5.To Enroll in a course: Click the name or image of a course on the home page or from the  COURSES​ drop-down list and click ​ENROLL ME​.  6.Download your earned certificates by clicking Certificates from the drop-down menu under your  name.  38383838 LIVE TRAINING  Live training is instructor-led sessions that are provided in a classroom or remotely in one of three categories; Deployment / On-Site, Factory and Virtual. DEPLOYMENT / ON-SITE TRAINING  INITIAL DEPLOYMENT ON-SITE OR REMOTE TRAINING – GROUP TRAINING OR “TRAIN-THE-TRAINER” ●Groups: Product training geared to the audience attending detailed  below.  ●“Train-the-Trainer”: Specialized training for a single person or small  group on using and  ●managing the purchased product(s).      POST DEPLOYMENT ON-SITE OR REMOTE TRAINING​ ​CAN BE REQUESTED FOR AN ADDITIONAL CHARGE.  TALK TO YOUR SALES REPRESENTATIVE FOR MORE INFORMATION.    FACTORY TRAINING  Classroom setting training in Allen, Texas. 4-day in-depth training course designed for users, administrators  and installers for 4RE, VISTA and evidence management software with a focus on Evidence Library 4 Web  and Evidence Library Express.  Features two specialized track options for the last day of class. Track option is chosen at registration:     ●Track A: Advanced Administration and Troubleshooting  -OR-  ● Track B: 4RE Vehicle Installation Certification    Both tracks happen simultaneously on the last day of class. A person can only register for one  track option for a course date. Attending a different track requires a registration to a different  course date and it is not required to attend all 4 days of the second attendance.  9 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021  AUDIENCE   All new users and administrators of the 4RE In-Car Video System, VISTA body  cameras, V300 body Cameras, and Evidence Library. Installers and Fleet  Maintenance Certification.    REQUISITE KNOWLEDGE  None  COURSES     DEP100, DEP101,  DEP102, DEP200,  DEP201  39393939   Factory Training is a free training course to current customers and installers. Training materials, tools and  lunch are provided each day.   Registered attendees are responsible for travel, lodging  and evening mealexpenses.Continuing Education Units  (CEU’s) provided for time in class (Up to 24 CEU’s). Seats  are limited and registration is required.    AUDIENCE   All new users and administrators of the 4RE In-Car Video  System, VISTA body cameras, V300 body Cameras, and  Evidence Library. Installers and Fleet Maintenance  Certification.    REQUISITE KNOWLEDGE  None    ATTENDING FACTORY TRAINING  Registration is ​required​ for each individual attending the class. Enrollment is completed through Eventzilla.  A registration confirmation will be sent to each attendee for access to the event.  ●Register for the next upcoming events at: ​http://eventzilla.net/user/watchguard  ●Email ​watchguard.training@motorolasolutions.com​ if you have additional questions  ●If you are unable to attend the class you have been registered for please cancel as soon as possible  so the seat can be filled via Eventzilla.   10 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021 40404040 11 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021  FACTORY TRAINING COURSE OUTLINE  ●Day 1 – 4RE & VISTA User Training  ○4RE & VISTA System Components  ○Functional Overview and Key Concepts  ○In-Car User Perspective: 10 operations needed for a shift  ○4RE & VISTA Special Features  ○Using Evidence Management Software  ●Day 2 – Hardware Administration  ○4RE & VISTA Device Administrator Key Responsibilities  ○USB Management & DVR Permissions  ○Managing Device Configurations and Firmware Updates  ○Evidence Transfer: USB Import and Wireless Import  ○Creating Configurations Using Evidence Management Software  ○4RE & VISTA Troubleshooting   ●Day 3 – Software Administration  ○Evidence Management Administrator Key Responsibilities  ○Overview of Evidence Transfer (Server Side)  ○Managing Evidence and Security Groups  ○Evidence Management Software Troubleshooting  ○User and Administrator Assessment  ●Day 4 – Chosen Track Option:  Track A (Advanced Administration & Troubleshooting) ​or​ Track B (4RE Vehicle Installation  Certification)      Day 4 – Track A: Advanced Administration &  Troubleshooting  ●4RE & VISTA System Components –  Server Side  ●Evidence Library Logging  ●Transfer Agent Import Process  ●Configuring and Troubleshooting Radios  and Wireless Networks  ●Export Troubleshooting  ●Additional Troubleshooting  Day 4 – Track B: 4RE Vehicle Installation Certification  ● ​4RE & VISTA System Components  ●Overview of 4RE Vehicle Installation  ●Pre-Installation Preparation  ●Installation Requirements  ●HANDS ON Vehicle Installation  ●Post-Installation and System Testing  ●Vehicle Installation Certification Exam  41414141 VIRTUAL TRAINING WATCHGUARD’S VIRTUAL TRAINING IS A SERIES OF PARTICIPATION BASED ONLINE COURSES  ●The classroom Factory Training course has been altered to a series of  virtual training courses designed to be taken individually as you need  them  ●More interactive then webinar lecture style with instructor  ●Includes open microphones, breakout rooms, whiteboard, and various  “hands-on” activities  ●Mixed learning style between Online Training and Live Training  ●Choose between various course sessions available and relevant to your  agency and role  ●Register for the next upcoming events at: ​http://eventzilla.net/user/watchguard    AUDIENCE  New administrators of the 4RE In-Car Video System, VISTA body cameras, V300 body Cameras, and  Evidence Library.     REQUISITE KNOWLEDGE  4RE, VISTA and / or V300 basic user training    COURSES  VILT101. VILT201. VILT202. VILT203, VILT301, VILT302    12 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021  Virtual online training is free to  current customers and can be  accessed using Zoom from  work or home. Each online  student must enroll through  Eventzilla. A registration  confirmation will be sent to  each attendee for access to the  event.       42424242 13 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021  COURSES    IN-CAR VIDEO SYSTEMS 14  BODY CAMERAS 18  SOFTWARE & APPLICATIONS 22  4RE & VISTA FACTORY TRAINING 29    43434343     14 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021  IN-CAR VIDEO SYSTEMS    4RE - BASIC OPERATION FOR IN-CAR OFFICERS​ (4RE100) ​15  4RE VEHICLE INSTALLATION CERTIFICATION​ (4RE500) ​15  4RE EMERGENCY TROUBLESHOOTING​ (VILT301)  16  END USER 4RE HD IN-CAR VIDEO SYSTEM ​(DEP100) ​17  ADMINISTRATION OF 4RE AND BODY CAMERA​ (DEP200) ​17    44444444 15 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021      COURSE OVERVIEW  4RE is a powerful in-car digital camera system for  collecting evidence in the field. This course introduces  4RE and presents the essential knowledge and skills  needed to effectively operate the in-car portion of 4RE  during a shift. Build the foundation for using 4RE by  taking this course. It is required for all new users  including in-car officers, patrol supervisors, evidence  custodians, fleet managers, system administrators, and  agency command staff.    TARGET AUDIENCE  All new users of the 4RE in-car video system.    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Describe the Big Picture perspective of how the  4RE System works  ●Identify the six key in-car components of 4RE  ●Explain the basic functionality of the DVR video  loop  ●Define and understand the term recorded event  ●Perform the 10 in-car operations needed for a  shift  ●Explain how to utilize the 4RE Special Features    REQUISITE KNOWLEDGE  None    PREREQUISITES  None      COURSE OVERVIEW  The focus of this online course is on the proper  installation of the 4RE system components into a law  enforcement vehicle. The results of a poor 4RE  installation results are faulty operation, equipment  failure, dissatisfied customers, and a bad impression of  WatchGuard. The instructions and best practices  presented in this training provide a solid foundation for  installers to develop exceptional installation practices.  Successful completion of this course provides 4RE  Vehicle Installation Certification that is valid for 1 year.    TARGET AUDIENCE  Installers, Fleet Maintenance.    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Describe the three parts of an Installation  ●Explain the importance of Preparing for  Installation  ●List the Installation Required Practices  ●Identify the 4RE system components and their  common install locations  ●Perform an installation according to  Recommended Workflow and Installation  Required Practices  ●Perform system acceptance testing    REQUISITE KNOWLEDGE  Law enforcement vehicle systems install experience  recommended.    PREREQUISITES  None  45454545     COURSE OVERVIEW  Master the skills needed to handle an emergency situation with the 4RE in-car video system; such as retrieving video  from a vehicle accident or a critical incident. Additionally, learn how to troubleshoot a 4RE system that is not working  properly.    TARGET AUDIENCE  Administrators of 4RE, Fleet maintenance.    COURSE OBJECTIVES  After completing this course, the learner will be able to:   ●List the tools and resources that can be used to troubleshoot 4RE in-car video systems  ●Retrieve video including using Record After the Fact (RATF)  ●Troubleshoot error codes  ●Perform a Capture State on 4RE  ●Manage the fleet of 4RE’s using part numbers and serial numbers    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: 4RE100, DEP100, FAC100       16 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021 46464646     17 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021      COURSE OVERVIEW  This course is part of the initial on-site, or remote,  deployment. It is designed to be the starting point for all  new users. The course can be facilitated as  ‘Train-the-Trainer’ or to groups, geared towards the  audience attending.    TARGET AUDIENCE  All new users of the 4RE in-car video system.    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Identify the in-car components of the 4RE  system  ●Explain how 4RE collects evidence  ●Start, Stop and Categorize Recorded Events  ●Perform 4RE officer login and logout  ●Set officer preferences  ●Explain how to utilize 4RE special features     REQUISITE KNOWLEDGE  None    PREREQUISITES  None      COURSE OVERVIEW  This course is part of the initial on-site, or remote,  deployment. It is designed to be the starting point for all  new administrators. The course can be facilitated as  ‘Train-the-Trainer’ or to groups, geared towards the  audience attending.    TARGET AUDIENCE  New administrators of the 4RE in-car video system, Fleet  maintenance.    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Explain the 4RE, VISTA and V300 device  management best practices  ●Set camera and video quality settings  ●Set DVR behavior and power settings  ●Establish officer permissions  ●Determine video import settings  ●Troubleshoot basic error codes and how to get  support    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: 4RE100, DEP100,  FAC100  47474747     18 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021  BODY CAMERAS    V300 BODY CAMERA​ (V300) ​19  VISTA & VISTA WIFI USER TRAINING​ (VST101) ​19  BODY CAMERA EMERGENCY TROUBLESHOOTING​ (VILT302) ​20  END USER BODY WORN CAMERAS​ (DEP101) ​21  ADMINISTRATION OF 4RE AND BODY CAMERA​ (DEP200) ​21    48484848      19 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021      COURSE OVERVIEW  This course introduces the new WatchGuard V300 Body  Camera and covers the key concepts  and skills for V300 users. The course presents all  information needed to be confident in collecting  video evidence using the V300 Body Camera.    TARGET AUDIENCE  New users of the V300 Body Camera    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Get started with the new WatchGuard V300  Body Camera  ●Perform camera Checkout  ●Mount the camera  ●Start and stop recordings  ●Replace the removable battery  ●Import Recorded Events    REQUISITE KNOWLEDGE  None    PREREQUISITES  None        COURSE OVERVIEW  This course presents all information needed to be  confident in collecting video evidence using either VISTA  or VISTA WiFi cameras. The course is designed to be  the starting point for VISTA and VISTA WiFi users. There  are several key concepts and skills needed by those  using VISTA in the field. If you are tasked as an  administrator for a group of VISTA body cameras, there  are additional concepts presented at the end of this  course.     TARGET AUDIENCE  New users of the VISTA Body Camera    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Describe the types of VISTA body cameras  ●List the components that come with a new  VISTA body camera  ●Start, stop and categorize Recorded Events  ●Mount the VISTA body camera using various  mounting options  ●Perform VISTA Checkout  ●Explain Recording Groups  ●Import video using various docks    REQUISITE KNOWLEDGE  None    PREREQUISITES  None  49494949     COURSE OVERVIEW   Master the skills needed to handle an emergency situation with body cameras (VISTA and/or V300); such as retrieving  video from an accident or a critical incident. Additionally, learn how to troubleshoot a body camera that is not working  properly.    TARGET AUDIENCE  Administrators of the VISTA and / or V300 Body Cameras, Fleet Maintenance    COURSE OBJECTIVES  After completing this course, the learner will be able to:   ●List the tools and resources that can be used to troubleshoot VISTA and V300 body cameras  ●Retrieve video including using Record After the Fact (RATF)  ●Troubleshoot to error codes displayed on body camera  ●Perform a Capture State  ●Manage the fleet of body cameras using part numbers and serial numbers      REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: V300, VST101, DEP101, FAC100       20 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021 50505050   21 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021      COURSE OVERVIEW  This course is part of the initial on-site, or remote,  deployment. It is designed to be the starting point for all  new users. The course can be facilitated as  ‘Train-the-Trainer’ or to groups, geared towards the  audience attending.    TARGET AUDIENCE  New users of the VISTA and / or V300 Body Camera    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Perform the initial steps to get started with a  new body camera  ●Mounting a body camera using various options  ●Start, stop and categorize video recordings  ●Identify the icons on the display and navigating  using the display  ●Explain how to use the body camera Special  Features    REQUISITE KNOWLEDGE  None    PREREQUISITES  None      COURSE OVERVIEW  This course is part of the initial on-site, or remote,  deployment. It is designed to be the starting point for all  new administrators. The course can be facilitated as  ‘Train-the-Trainer’ or to groups, geared towards the  audience attending.    TARGET AUDIENCE  Administrators of the VISTA and / or V300 Body  Cameras, Fleet Maintenance    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Explain the 4RE, VISTA and V300 device  management best practices  ●Set camera and video quality settings  ●Set DVR behavior and power settings  ●Establish officer permissions  ●Determine video import settings  ●Troubleshoot basic error codes and how to get  support    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: V300, VST101,  DEP101, FAC100  51515151    22 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021  SOFTWARE & APPLICATIONS    EVIDENCELIBRARY.COM​ (ELC100) ​23  EVIDENCE LIBRARY ON-PREMISE​ (ELOP100) ​23  EVIDENCE LIBRARY 4 WEB​ (ELW100) ​24  INTRODUCTION TO EVIDENCE LIBRARY EXPRESS​ (ELX101) ​24  INTRODUCTION TO EVIDENCE LIBRARY 3​ (EL100) ​25  REDACTIVE USER TRAINING ​(RED100) ​25  SOFTWARE ADMINISTRATION OVERVIEW​ (VILT101) ​26  EVIDENCE LIBRARY 4 26  ADMINISTRATION OVERVIEW​ (VILT201)   EVIDENCELIBRARY.COM 27  ADMINISTRATION OVERVIEW​ (VILT202)   EVIDENCE LIBRARY EXPRESS 27  ADMINISTRATION OVERVIEW​ (VILT203)   END USER EVIDENCE LIBRARY​ (DEP102) ​28  ADMINISTRATION OF EVIDENCE LIBRARY​ (DEP201) ​28    52525252       23 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021      COURSE OVERVIEW  Learn about WatchGuard's cloud-hosted evidence  management system - EvidenceLibrary.com. This course  teaches you how to take advantage of everything new in  this software tool. Learn to manage, store and share  evidence securely in the cloud-hosted system;  EvidenceLibrary.com     TARGET AUDIENCE  New users of Evidence Library    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Explain “The Cloud” and how it relates to  EvidenceLibrary.com  ●Search, review and playback Recorded Events  ●Export evidence to ZIP, ISO and CLOUD-SHARE  ●Import evidence from 4RE, VISTA and V300  using various methods  ●Perform common administrative tasks  (Optional)    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: 4RE100, V300,  VST101, DEP100, DEP101, FAC100        COURSE OVERVIEW  WatchGuard is proud to release our NEW server-based  evidence management system - Evidence Library  On-Premise. This course teaches you how to take  advantage of everything new in this software tool. Learn  to manage, store and share evidence securely in  Evidence Library On-Premise.     TARGET AUDIENCE  New users of Evidence Library    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Access and login to Evidence Library  On-Premise  ●Search, review and playback Recorded Events  ●Export evidence to ZIP, ISO and CLOUD-SHARE  ●Import evidence from 4RE, VISTA and V300  using various methods  ●Perform common administrative tasks  (Optional)    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: 4RE100, V300,  VST101, DEP100, DEP101, FAC100    53535353    24 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021      COURSE OVERVIEW  Learn about WatchGuard's web-based evidence  management platform - Evidence Library 4 Web. This  course teaches you how to take advantage of everything  new in this software tool. New features include the EL4  web access client; evidence management support both  VISTA and 4RE systems, improved audit logging,  CLOUD-SHARE, support for the VISTA transfer station,  and new 4RE DVR features.     TARGET AUDIENCE  New users of Evidence Library    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Access and login to Evidence Library 4 Web  ●Search, review and playback Recorded Events  ●Export evidence to DVD, a local drive and  CLOUD-SHARE  ●Import evidence from 4RE and VISTA using  various methods  ●Perform common administrative tasks  (Optional)    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: 4RE100, VST101,  DEP100, DEP101, FAC100        COURSE OVERVIEW  This course introduces Evidence Library Express, ELX,  version 3. New users of this stand-alone software can  import evidence from both the 4RE in-car system and the  new VISTA wearable camera. In this course, you will  learn how to review event details and playback video  from a multiple camera recording. Learn to export, link,  lock, and move recorded events from one or more  storage locations. This course also presents basic  VISTA operation to include device docking, import, and  checkout.      TARGET AUDIENCE  New users of Evidence Library    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Explain the uses for Evidence Library Express  (ELX)  ●Navigate ELX to search for, review details and  playback recorded evidence  ●Perform the steps to import and export  recorded evidence from 4RE and VISTA   ●List the special event actions and their  purposes    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: 4RE100, VST101,  DEP100, DEP101, FAC100      54545454        25 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021    COURSE OVERVIEW  After evidence has transferred to your video server,  Evidence Library 3 is WatchGuard's software tool for  managing evidence. Learn to search for recorded events,  play video, review event metadata, create video  snapshots, export evidence, and perform case  management. This course presents you with an  introduction to Evidence Library 3 and all the basics  used to manage your evidence.     TARGET AUDIENCE  New users of Evidence Library    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Access and login to the Evidence Library 3  application  ●Search for Recorded Events  ●Review evidence detail and video playback  ●Export evidence  ●Manage cases  ●Import evidence from a 4RE USB    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: 4RE100, DEP100,  FAC100    COURSE OVERVIEW  REDACTIVE is a platform independent video and audio  redaction software. This course is designed to teach the  skills needed for user operation and additional  administration topics for those who have purchased  REDACTIVE Single User or REDACTIVE Enterprise.    TARGET AUDIENCE  New users and administrators of REDACTIVE    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Explain REDACTIVE and differentiate between  REDACTIVE Single User and REDACTIVE  Enterprise  ●Navigate the software and list the steps in  normal workflow  ●Use Auto Redaction and perform manual  redaction  ●Export redacted video using various redaction  types  ●Install and configure REDACTIVE (Optional)    REQUISITE KNOWLEDGE  None    PREREQUISITES  None  55555555          26 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021      COURSE OVERVIEW   Do you know what version of Evidence Library software  your department is using? Examine different versions of  Evidence Library, compare the features, administrative  tools and use cases for each.    TARGET AUDIENCE  New administrators of Evidence Library.    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Identify which version of Evidence Library  software their department uses  ●Access administrative level features  ●Describe the purposes of the administrative  level features    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: 4RE100, V300,  VST101, DEP100, DEP101, FAC100      COURSE OVERVIEW  Explore an in-depth view into all the administration key  responsibilities in Evidence Library 4 Web.    TARGET AUDIENCE  New administrators of Evidence Library 4 Web.    COURSE OBJECTIVES  After completing this course, the learner will be able to:   ●Navigate Evidence Library 4 Web  ●Perform these administrative tasks: managing  users, maintaining evidence storage, and  deploying device firmware and configurations    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: VILT101, 4RE100,  VST101, DEP100, DEP101, FAC100  56565656          27 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021      COURSE OVERVIEW  Explore an in-depth view into all the administration key  responsibilities in EvidenceLibrary.com and Evidence  Library On-Premise.    TARGET AUDIENCE  New administrators of EvidenceLibrary.com or Evidence  Library On-Premise.    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Navigate EvidenceLibrary.com and Evidence  Library On-Premise  ●Perform these administrative tasks: managing  users, maintaining evidence storage, and  deploying device firmware and configurations    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: VILT101, 4RE100,  V300, VST101, DEP100, DEP101, FAC100        COURSE OVERVIEW   Explore an in-depth view into all the administration key  responsibilities in Evidence Library Express.    TARGET AUDIENCE  New administrators of Evidence Library Express.    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Navigate Evidence Library Express  ●Perform these administrative tasks: managing  users, maintaining evidence storage, and  deploying device firmware and configuration    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: VILT101, 4RE100,  VST101, DEP100, DEP101, FAC100  57575757   28 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021      COURSE OVERVIEW  This course is part of the initial on-site, or remote,  deployment. It is designed to be the starting point for all  new users. The course can be facilitated as  ‘Train-the-Trainer’ or to groups, geared towards the  audience attending.    TARGET AUDIENCE  New users of Evidence Library    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Access and login to Evidence Library  ●Search for recorded evidence  ●Use video playback, player controls and special  playback features  ●Export video evidence  ●Import recorded video evidence  ●Perform body camera checkout    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: 4RE100, V300,  VST101, DEP100, DEP101, FAC100, VILT101, VILT201,  VILT202, VILT203      COURSE OVERVIEW  This course is part of the initial on-site, or remote,  deployment. It is designed to be the starting point for all  new administrators. The course can be facilitated as  ‘Train-the-Trainer’ or to groups, geared towards the  audience attending.     TARGET AUDIENCE  New administrators of Evidence Library    COURSE OBJECTIVES  After completing this course, the learner will be able to:  ●Access user security groups and set  permissions  ●Review video storage settings  ●Set Retention Rules  ●Use the USB Devices and Transfer Station  dashboards  ●Navigate administrator tools and features  ●Use CLOUD-SHARE, Watch Commander,  REDACTIVE, EL Supervisor Dashboard, EL  Reports (optional)    REQUISITE KNOWLEDGE  None    PREREQUISITES  At least one of the following courses: 4RE100, V300,  VST101, DEP100, DEP101, DEP102, FAC100, VILT101,  VILT201, VILT202, VILT203  58585858   4RE & VISTA FACTORY TRAINING      COURSE OVERVIEW  Classroom setting training in Allen, Texas. 4-day in-depth training course designed for users, administrators and  installers for 4RE, VISTA and evidence management software with a focus on Evidence Library 4 Web and Evidence  Library Express. Features two specialized track options for the last day of class. Track option is chosen at registration:  Track A: Advanced Administration and Troubleshooting -OR- Track B: 4RE Vehicle Installation Certification.    TARGET AUDIENCE  Users and administrators of the 4RE In-Car Video System, and/or VISTA body cameras and Evidence Library.    COURSE OBJECTIVES  After completing this course, learners will be able to:  ●Identify 4RE & VISTA System Components  ●Perform the 10 operations needed for a shift  ●Describe and utilize 4RE & VISTA special features  ●Maintain 4RE & VISTA devices in fleet  ●Create and deploy device configurations and firmware  ●Describe how evidence transfers using USB and Wireless/Cellular  ●Troubleshoot 4RE & VISTA hardware and import issues  ●Manage Evidence Library software and storage  ●Describe Evidence Library 4 Web services and basic review of logging (Track A)  ●Configuring and troubleshooting wireless radio and access points (Track A)  ●Troubleshoot commonly seen USB import and Export issues (Track A)  ●Certified 4RE Vehicle Installer (Track B)    REQUISITE KNOWLEDGE   None    PREREQUISITES  None      29 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021 59595959   30 Motorola Solutions - Product and System Technical Training Course Catalog | WatchGuard Edition | 2021    CONTACT US  VISIT OUR TRAINING WEBSITE:  TRAINING.WATCHGUARDVIDEO.COM    O​ur website is your portal to find help to  meet your organizational training needs.  Keep up to date with the latest version of  this catalog, our training schedule, or  simply use the Contact Us function for  additional questions or assistance.        Motorola Solutions, Inc.  415 E Exchange Parkway  Allen, Texas 75002    Telephone Number: 800-605-6734                Motorola Solutions, Inc.  500 West Monroe Street, Chicago, Il 60661 U.S.A.  motorolasolutions.com  MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized  M Logo are trademarks or registered trademarks of Motorola  Trademark Holdings, LLC and are used under license.  All other trademarks are the property of their respective owners.  © 2020 Motorola Solutions, Inc. All rights reserved. 01-2020  60606060   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   12. Any additional information that you feel will be beneficial to the City in evaluating your  qualifications to provide in response to RFP.   Below are several case studies to provide additional information beneficial to the City in evaluating our qualifications and experience. City of Houston, Texas  Project  Timeline   10/03/13 In‐Car RFP Close  03/12/15 Body Worn Camera RFP Close   12/05/15 Body Worn Camera Contract Award to  WatchGuard   02/29/16 Body Worn Camera Deployment Start   01/27/17 In‐Car Contract Award to WatchGuard      Point of  Contact   Kyle Carkhuff, IT Director  Kyle.carkhuff@houstonpolice.org  (713)247‐5543    Project  Scope    The Video Evidence Management System (VEMS) with a BWC solution will be deployed by the  selected vendor at various HPD divisions across the city and the VEMS will be installed and  implemented by the selected vendor to centrally collect, store and manage videos from Body  Worn Cameras, in‐car Cameras, DWI‐Intox room videos and other video evidence.     The systems will interact with the Harris County District Attorney's systems and with other  existing systems such as Use of Force and Records Management. The Solution shall include  any and all software, hardware, and services delivered as a single solution with a single  vendor taking responsibility for complete system delivery, including any and all  subcontractors or other partners as may be required. It is our intent to receive a proposal  from each vendor for a complete and total solution that includes an internally hosted  solution. An externally hosted solution may be proposed as a separate and comprehensive  proposal meeting all HPD requirements contained in this SOW.  ‐ Excerpt from City of Houston Solicitation S67‐T25327      BENEFICIAL INFORMATION  Largest City to Deploy Body Cameras. Houston  Police Department wanted to outfit their officers  with a robust camera system and a scalable on‐ premise evidence management solution. “This  department has gone to great lengths to choose  the best camera for this department,” said Houston  Police Department Captain Mike Skillern in an open  roll call to officers. After an intensive RFP selection  process, WatchGuard was selected to partner with  the City to deploy the largest body worn camera  project to date.   61616161   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   Houston Statistics   Population: 2.3 Million   Sworn Officers: 5,200   Body Worn Cameras: 4,500   In‐Car Video Systems: 200+ (expected quantity at deployment)    Project  Summary   The City of Houston began the selection process for video and evidence management systems  in 2013. The first RFP that was released was for an in‐car video system. During the evaluation  of responses, the project was paused due to rising interest in a body worn camera project.    A subsequent body worn camera RFP was released, and closed in March 2015. WatchGuard  was short‐listed to present our VISTA body worn camera solution. After a demonstration and  evaluation period, the City began contract negations with WatchGuard, which resulted in a  contract award in December 2015.    Prior to full deployment of the VISTA body worn cameras and Evidence Library evidence  management solution, WatchGuard had to pass an intensive User Acceptance Test (UAT). The  plan for this test was to simulate Houston Police Department’s (HPD’s) expected peak user  load agency wide, and to simulate event upload from the largest shift change at the largest  station. This testing was done with actual hardware components so that the infrastructure  could be appropriately scaled for full deployment. HPD and WatchGuard monitored the  system and its results for functionality verification. WatchGuard successfully passed the UAT  by running the system continuously for 30 days with 99.9% availability, with guaranteed  performance without defects that would cause the end user to be able to perform their work.     Once passed, HPD and WatchGuard agreed on a deployment timeline which is publicly  published and updated on the City’s website  (http://www.houstontx.gov/police/body_cameras/Body‐Worn‐Cameras‐Deployment‐ Schedule.htm).   62626262   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP     The deployment has spanned 27 locations with a total deployment of 4,500 VISTA body worn  cameras.     WatchGuard and HPD executed an in‐car video contract in January of 2017, and are currently  working through a deployment timeline for the next phase of their video project.  City of Des Moines, Iowa    Project  Timeline   01/19/16 In‐Car and Body Worn Camera RFP Close  04/26/16 Short‐List presentation  05/15/16 Product Trial and Evaluation  09/26/16 Contract Award to WatchGuard      Point of  Contact   Sergeant Theodore Stroope  tlstroope@dmgov.org  (515) 237‐1538    Project  Scope    The initial RFP project scope included contracting with a successful Proposer to supply, install  and maintain Police Body Worn Cameras and a Vehicle Video Recording System – with  estimated quantities being 300 for the Body Worn Cameras, and 100 for the In‐Car Cameras.  The City’s solicitation included their preference for an in‐house hosted solution with a server  built on HP hardware.        “After an extensive review and evaluation process, WatchGuard’s integrated  solution, allowing for communication between the in‐car video system and the body  worn camera, rose to the top” said Des Moines Police Chief, Dana Wingert. “Their  in‐car video systems and body worn cameras will provide a high level of service and  transparency that the citizens of Des Moines have come to expect.  63636363   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   Des Moines Statistics   Population: 207,500   Sworn Officers: 376   Body Worn Cameras: 340   In‐Car Video Systems: 113     Project  Summary   This project was awarded through a competitive  RFP process. WatchGuard submitted a response  to the City’s RFP in January of 2016, and was  short‐listed to present to the committee of  evaluators in April.     After the presentation, WatchGuard was one of  two vendors selected to participate in a four‐ week trial and evaluation. WatchGuard provided  a dedicated resource on‐site during the trial  period who was available to answer questions  and assist with the process, as needed. The fully  integrated solution was early in its release, so the  trial experienced an initial issue with some of the  hardware components. Once notified of the issue,  WatchGuard was able to deliver a firmware fix  within one business day. The rest of the evaluation went smoothly and resulted in  WatchGuard being awarded the highest overall score by the committee.                 64646464   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   Columbus, Ohio    Project  Timeline   06/23/16 Body Worn Camera RFP Close  08/15/16 Body Worn Camera Evaluation  12/06/16 Body Worn Camera Contract  Award to WatchGuard   12/12/16 Body Worn Camera Deployment  Start  01/13/17 In‐Car Camera Evaluation      Point of  Contact   Kerry Bonaventura, IT Coordinator  (614) 645‐4948            Project  Scope    In late 2015, the Body Worn Camera Committee (the “Committee”) was established to  investigate the use and implementation of BWCs. The committee composed of stakeholders  within the community and various City agencies, spent seven months holding public meetings  and engaging in extensive discourse concerning the merits of implementing a BWC program  in the City of Columbus.  The Committee discussed how best implement a BWC program as an  important law enforcement tool, as well as increasing transparency and accountability for the  CPD.    The City anticipates purchasing 100 BWC’s in 2016. An additional 1,475 total are anticipated  to be purchased in 2017 and 2018.    The RFP was evaluated using (1) the competence of the Offeror to perform under the  contract as indicated by the technical training, education and experience of the Offer’s  personnel who would be assigned to perform the work; (2) the quality and feasibility of the  Offeror’s technical proposal; (3) the ability of the Offeror to perform under the contract  competently and expeditiously as indicated by the Offeror’s workload and the availability of  necessary personnel, equipment and facilities; and (4) past performance of the Offeror as  reflected by evaluations of the city agency, other city agencies and other previous clients of  the Offeror with respect to such factors is to be responded to in the manner described herein.  ‐ Excerpt from Columbus, Ohio, Request For Quote  001428      Largest City in Ohio Begins Phased Roll‐Out of Industry‐ Leading Body‐Worn Cameras After Thorough and  Intense Vendor Selection. WatchGuard, was selected by  Columbus, Ohio after careful vetting and evaluation of 5  vendors and 6 models of cameras. “This past August,  thirty officers working a variety of assignments  volunteered to test the cameras, and identified the  strengths and weaknesses of each vendor,” said  Columbus Mayor Andrew Ginther in a press conference  where the deployment was announced. “Their input  informed the City’s decision to select a vendor and enter  into a contract with the world’s largest, and we believe  best, manufacturer or law enforcement video systems –  WatchGuard.”    65656565   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   Columbus Statistics   Population: 850,100   Sworn Officers: 1,900   Body Worn Cameras: 1,575   Possible In‐Car Cameras: 350    Project  Summary   In late 2015, the Body Worn Camera Committee was established to investigate the use and  implementation of BWCs. In May of 2016, the city of Columbus released a Request for Quote  (RFQ) for Body Worn Cameras. WatchGuard was selected from a pool of 12 vendor proposals  to proceed to the next phase of evaluating the cameras. In August, thirty officers tested the  VISTA, along with five other cameras.    In December, the Columbus City Council approved WatchGuard as the supplier of body  cameras for their Police Department. Less than a month later, the first wave of VISTA cameras  went to the traffic bureau (with around 84 officers) and the rest of the cameras are being  rolled out to other areas in eight phases. The phases are predicated by the installation of the  department’s fiber optic communication infrastructure in the department’s substations.  They  met the deadline of May, 2017 and VISTAs began shipping in June starting with the Traffic  Division. Since then, WatchGuard has shipped over 850 VISTAs to four of their twenty  precincts with the rest being deployed as requested.        WatchGuard and Columbus are in negotiations for an in‐car video contract that would add  350 4RE In‐Car Cameras to integrate with their current Body Worn Camera Solution.        66666666   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   Overland Park, Kansas    Project  Timeline   05/23/16 Evaluation of 4RE In‐Car systems  and Interview Room systems  began  11/03/16 Evaluation of 4RE / VISTA WiFi  Bundle began  04/17/17 Overland Park PD, signed Contract  with WatchGuard  05/30/17 4RE In‐Car systems Deployed to  Fleet; Interview Rooms Installed      Point of  Contact   Police Captain James Olney  James.olney@opkansas.org  (913) 327‐6989         Project  Scope    Overland Park Police Department has 310 full‐time employees, 255 commissioned personnel  and operate out of five (5) police stations spread across the city. Chief Frank R. Donchez, Jr.  states, “the Overland Park Police Department is dedicated to the safety and welfare of its  citizens and the men and women who protect them. As your Police Chief, I ensure our  department serves the community with integrity. We accomplish this by treating every  individual with whom we interact fairly, lawfully and professionally. I’m proud of the  members of this organization and their commitment to the people of Overland Park.”  Beginning in May of 2016, the Police Department began evaluating the 4RE In‐Car camera  system and interview rooms systems.  In November of 2016, the Department started  evaluating WatchGuard’s 4RE In‐Car / VISTA Body‐Worn Camera system.  67676767   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP     Overland Park Statistics   Population: 175,000   Sworn Officers: 250   Interview Room Systems: 13   In‐Car Cameras: 96    Project  Summary   In April of 2017, the City of Overland Park made the decision to purchase in‐car camera  systems, interview room systems and an evidence management solution. They chose  WatchGuard’s 4RE In‐Car Camera System, 4RE Interview Room system and Evidence Library 4  as their solution. The Police Department decided to install two microphones with each 4RE In‐ Camera system. Once the contract was signed and the orders placed, WatchGuard began  building and configuring the systems to their specifications.     In June, 2017, the Overland Park Police Department began using their 4RE In‐Car and  Interview Room systems. They began using Evidence Library 4 Web to process the video from  both and Watch Commander to have instant live access to all wirelessly connected 4RE  systems.    In 2018, the Department has begun evaluating REDACTIVE, our redaction software.    68686868   WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP   13. Affirmation of Nondiscrimination (see Appendix A)   Non‐completion of the Affirmation of Nondiscrimination is cause for disqualification of  firms.   Please see the following page for WatchGuard’s completed Appendix A.  ATTACHMENT A   69696969 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter WatchGuard Video, Inc. WatchGuard Video, Inc. Andres Lacambra - Senior Director 70707070 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP SCOPE OF SERVICES 71 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP The proposal will provide a comprehensive overview of the following deliverables: Body-Worn Cameras 1. Body-Worn Cameras (BWC) – The vendor will describe in detail if current products can meet, complete, and/or provide the following: a. Describe model options for BWCs and mounting options for each including a minimum of one mount per camera to be included; Multiple, secure mounting options are available; including a shirt clip, belt clip, Molle loop clip, and the extreme magnet center mount. The extreme magnet center mount has over 80 pounds of magnetic holding force which is 4-times stronger than all known competing magnet mounts. All of WatchGuard mounting brackets are designed to keep the camera upright. The V300 camera includes a built-in solid-state gyroscope and a 3-axis accelerometer, plus the image sensor utilizes “over-scanning” techniques. These elements will enable a future planned feature (called the automatic turret lens) that will automatically and electronically adjust the vertical horizon orientation of the camera by up to 15 degrees up or 20 degrees down. This future feature will help ensure the video image is aimed straight ahead, even when the camera is mounted in slightly non-perpendicular positions. b. Video resolution quality of 640 x 480 pixels or better; V300 sets a new standard for audio and video quality. The image sensor is a 4K, dual-scan HDR backside illuminated CMOS image sensor, and the video is scaled during compression to a 16:9 aspect ratio 1080p resolution image. 780p and 480p are also available recording options. By utilizing “over-scanning” techniques, the system is able to vertically de-warp the image to effectively eliminate barrel distortion from the video image. c. Recording speed of 30 frames per second or better; 30 frames per second d. Detail video format and compression options (H.264 compliant, H.265 preferred); Video formats supported are: DVD Video, MPEG2, WMV, MP4 or AVI. RESPONSE TO SCOPE OF SERVICES 72 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP H.264 High Profile - reduces file sizes by nearly 50% and provides best image quality to file size ratio Hardware support for H.265 e. Field of View of 100 degrees or greater; V300 has a 129° Horizontal field of view. The camera also includes a natural field of view which uses dewarping technology to eliminate the fisheye effect from wide-angle lenses that warps video footage. Distortion correction technology provides a clear and complete evidence review process. f. Recording life of 10 hours or greater; The WatchGuard V300 HD body camera and its continuous-operation capabilities solve the dilemma of keeping cameras and officers productive beyond a 12-hour shift. A detachable battery is easily changed by the officer, and 128GB of memory ensures space for all recorded events. With 128 GB of on-board memory, there is enough data storage in the camera to hold over 24 hours of the highest quality 1080p video. So even if data does not get transferred at the end of one shift, there is more than enough space to continue recording for many additional typical shifts. g. Charge time of six (6) hours or less; The battery recharges when docked in the Ethernet Transfer Station, Wi-Fi Base or USB Docking Base, with or without a V300 camera. The battery is returned to its fully charged state in under four hours for a completely depleted battery. h. Audio quality should be capable of clearly capturing conversational speech at a distance of three (3) feet without wind or excessive background noise; V300 utilizes two Vesper VM1000 piezoelectric MEMS microphone sensors. These microphones generate stereo recordings that are acoustically rich, and high fidelity. These revolutionary MEMS sensors are natively waterproof, dustproof, and particle-resistant. Dual Audiophile quality solid state microphones eliminate wind noise- the two onboard microphones are mounted 90 degrees out of phase on the camera. The wind noise cancelation software is scheduled to be release on a future firmware release of V300 firmware coming soon. i. Camera should be able to focus on all objects from 1 foot away to infinity; V300 has fixed focus capability from less than one foot to infinity. 73 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP j. When activated, cameras should have vibration, visual and/or audible indicator informing the user the device is active and recording, with the ability to select indicator preference; V300 can be deployed with an optional trigger kit, which will allow the camera to automatically begin recording when any of the following are activated: emergency lights, siren or auxiliary input. When paired with a 4RE in-car camera system the cameras are in a Multi-Peer group, and includes those triggers plus the wireless microphone vehicle speed and crash detection sensor. WatchGuard’s patented Record-After-The-Fact feature ensures that video is never missed because it doesn’t rely on triggers to ensure an event is captured. k. Pre-event buffer with a minimum of 30 seconds and/or configurable; Pre-event recording is configured in Evidence Library software and can be configured for no pre-event recording, or configured for pre-event recording durations of 15, 30, 60, 90, or 120 seconds. l. Record in low light and provide LUX rating; V300 has a 0.35 Lux rating, and includes Ultra-Wide Dynamic Range camera technology to provide the best video in all lighting conditions. Essentially, the camera records two exposures of each frame of video at the same time: one optimized for light and one optimized for dark. The images are instantly overlaid, resulting in video that accurately represents what the human eye naturally sees. The following picture compares standard camera technology with WatchGuard’s Ultra-Wide Dynamic Range camera technology. The child on the bicycle is almost invisible in the picture on the left, but can be clearly seen in the image on the right. m. Easy to use manual activation of BWC; Recording can be manually activated or via events such as vehicle speed, emergency light, siren, crash, or auxiliary inputs. All recordings will capture the pre- and post- event data. 74 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP n. Automatically embed time/date stamp in the video; Every video is automatically date and time stamped down to the second. The information is recorded in the videos metadata and becomes searchable within Evidence Library. o. Ability to record audio without recording video; The DEMS system includes our REDACTIVE software, which allows authorized users to redact (remove or obscure) personally identifiable information or other sensitive video and/or audio content. This includes the ability to redact the entire video leaving only the audio stream. p. Ability to use BWC to take still photos; While the body worn camera, itself does not have the ability to capture still photos, our back-office software, Evidence Library, has the ability to capture still photos from the video recorded. q. Ability to use BWC to manually add bookmarks or time stamps; Our phone app allows an officer to change camera preferences, Tag and Playback events. Timestamp metadata is not editable due to security and audit reasons. r. Features to prevent users from deleting recorded files on the camera; Officers do not have the ability to edit, modify, or delete recorded data on the V300 camera. Evidence Library maintains a complete audit trail for each device and event that is transferred, viewed and exported. Evidence Library records all user activities, to include any time a user views a video or makes any modifications to video metadata, and creates a detailed audit log that authenticates and tracks files to ensure the authenticity of the recordings. s. Audio and video to be recorded and exported in a non-proprietary format (i.e. MP4, MKV and other standard formats); Video formats supported are: DVD Video, MPEG2, WMV, MP4 or AVI. t. BWCs must be operational at a minimum of -4 degrees and up to 120 degrees Fahrenheit; -4°F to +140°F u. Ability to identify audio format; Video formats recorded are Mpeg4 – Video and audio streams are combined within the Mpeg4 video stream and are not separated. 75 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP v. Ability for user to determine the camera’s battery life when in the field; V300 display includes a battery life indicator. w. Inclusion of multi-unit charging/docking stations with the capability of uploading digital evidence from multiple cameras; V300 may be connected to one of three docking bases. Transfer Station The Transfer Station is built for large, multi-location agencies. The transfer station connects directly to the local area network for fast offload of recorded events to storage while charging the camera battery. The Transfer Station features:  Eight docking slots  Charges battery pack when attached or not attached to WatchGuard V300 camera  Per-slot LED indication of battery charge status  Offloads evidence via integrated 10Gb/1GB networking (auto- negotiation) USB Base The USB Base is the perfect solution for individual officer use, providing camera charging and uploading of video to evidence management. The USB Base is a single dock for desktop or in-car use. It features:  Charges V300 or standalone battery via 12V or USB  LED indication of VISTA 3 or battery pack charge status  Offloads evidence through connected PC via USB  Ambient light sensor for LED brightness adjustment  Locking power connector Wi-Fi Base The Wi-Fi Base mounts in vehicle and provides wireless event offload services while acting as a Wi-Fi access point connecting WatchGuard V300 cameras and the 4RE in-car system in a group recording network.  Single dock for in-car use  Charges battery pack when attached or not attached to V300 camera  Creates a wireless in-car network for integration with the 4RE in-car camera system  Offloads V300 evidence via in-car network 76 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP  Ambient light sensor for LED brightness adjustment  Angled connector for better camera insertion x. Docking/charging stations for up to 60 BWCs and the ability to interface with the internet which will allow the devices to connect to the cloud solution via an Ethernet connection; The docking station options available allow for Ethernet and Wi-Fi connection for offload. y. Ability to interrupt during charging/downloading and the ability to resume where it left off when re-docked; All of the camera docking options, including the USB dock, the WiFi dock, and the Transfer Station support complete “Dock and Go” operation. That means the user can dock the camera and walk away without making any effort to either turn the camera on or off, nor is there any need to log into the system. Once docked, all video content will be automatically uploaded to Evidence Library and the batteries will be recharged while the camera is docked. Should the officer need to remove his camera and return to active work – the camera may be pulled from the dock and returned at a later point without concern for video upload as the system will keep track of where and when the video upload was stopped and restart at the proper spot. Incoming officers returning to the station dock the V300 and it begins automatically offloading saved video events at high speed (up to 120 Mbps). Within minutes, the offload completes and the recently docked camera can receive a fully charged battery pack and made immediately available to the next outbound officer. The inbound battery pack remains to charge in the transfer station, or may be taken to the vehicle and placed into the vehicle dock to charge. z. Please describe any and all auto-activation triggers such as; drawing a weapon, Taser and/or in-car system activation. V300 can be deployed with an optional trigger kit, which will allow the camera to automatically begin recording when any of the following are activated: emergency lights, siren or auxiliary input. When paired with a 4RE in-car camera system the cameras are in a Multi-Peer group, and includes those triggers plus the wireless microphone vehicle speed and crash detection sensor. WatchGuard’s patented Record-After-The-Fact feature ensures that video is never missed because it doesn’t rely on triggers to ensure an event is captured. 77 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP In-Car Camera System 2. In-car Camera System (MVR) – The vendor will describe in detail if current products can meet, complete, and/or provide the following: a. Forward-facing camera with a field of view of a minimum of 68 degrees or greater with low light capabilities while having minimal obstruction for the driver’s view while seated in the equipped patrol vehicle; WatchGuard’s industry-first 4RE Panoramic X2 in-car video system dramatically expands video coverage with the addition of its exclusive “pillar-to-pillar” Panoramic X2 HD camera, more than doubling the field of vision. The system integrates two cameras: a fixed panoramic camera, capturing the widest single-camera view available on the market, and a primary camera, providing the maximum details of a normal coverage area with a turret lens that may be aimed as needed. 78 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP Captured with the Panoramic X2 camera versus the standard camera perspective. With WatchGuard’s flexible, purpose-built technology, agencies benefit from a dual- recording and expanded view without requiring additional storage. Agencies may elect to store either or both recordings from the system based on their needs and policies. The Panoramic X2’s specifications include:  Dual-Exposure, Ultra-WDR Technology  Panoramic Lens Resolution – 1280x240  Secondary Camera Lens Resolution - 720p (1280x720)  138 Degree Wide Field of View b. Forward-facing camera with the ability for manual rotation which is easily achieved by the user; All cameras are mounted to swivel brackets allowing them to be rotated without physically removing the camera or requiring tools. 79 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP c. Detail video format and compression options (H.264 compliant, H.265 preferred); 4RE and VISTA are the first law enforcement camera systems to use the most advanced video compression technology available, H.264 High Profile (HP). H.264 HP technology creates files that are up to 40% smaller than video captured at equivalent qualities using simpler forms of H.264. At equivalent video qualities, older MPEG-4 systems create files that are more than 100% larger than H.264 HP. H.264 HP Technology leverages a highly intelligent video compression algorithm to render video at much higher quality using the same data rate. It can also render video at the same quality using a much lower data rate. STORAGE FOR 10 HOURS OF VIDEO (10% Tagged as Evidentiary) MPEG-4 SYSTEMS 10 Hours Standard Resolution (D1) @ 2.0 GB/Hr. = 20GB OTHER H.264 SYSTEMS 10 Hours Standard Resolution (D1) @ 1.2 GB/Hr. = 12GB WATCHGUARD 4RE HD 9 Hours Standard Resolution (864 x 480) at 0.8GB/Hr. = 7.92GB 1 Hour High Definition (1280 x 720p) @ 2.32 GB/Hr. = 2.32 GB TOTAL = 10.24 GB 80 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP d. Video Resolution – minimum of 720 pixels configurable up to 1080 pixels (preferred) - vendor will detail their resolution; Both 4RE and VISTA have six selectable video recording resolutions, including:  720p (1280x720) – High, Medium and Low  480p (864x480) – High, Medium and Low 4RE & VISTA Video Quality and File Sizes Setting Resolution (pixels) Sample Rate (megabits/second) Average File Size Per Hour (gigabytes) HQ-High 1280x720 5 2.32 HQ-Medium 1280x720 4 1.89 HQ-Low 1280x720 3 1.46 SQ-High 864x480 2 1.09 SQ-Medium 864x480 1.5 0.88 SQ-Low 864x480 1 0.66 e. Pre-Event recording buffer of a minimum of 30 seconds and/or configurable; 4RE is capable of automatically capturing and appending both pre-event and post-event video for as little as 15 seconds and up to 10 minutes per event. These settings are independently adjustable and restricted by a supervisor. Pre- and post-event times are continuous with the record event; they are not separate video events. f. Rear seat camera requires infrared or low light capabilities; 4RE’s rear seat camera complies with this requirement. The 4RE system will include a compact, full color back seat camera with infrared illumination for back seat recording in zero light conditions. Cabin Camera Separate Infrared Back Seat Camera Resolution 720x480 Low Light 1 Lux (Records in total darkness with IR illumination) Infrared Backlit Yes Viewing Angle 90° (horizontal) Dimensions 2.50” D x 1.63” H x 2.66” W Dimensions with bracket 2.50” D x 2.75” H x 2.94” W Color Full color 81 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP g. Recording Speed – vendor will detail the frames per second; Frame rates are administratively selectable. The system can be configured to record at 29.97, 15, 7.5 frames per second. h. Audio and video to be recorded and exported in a non-proprietary format (i.e. MP4, MKV and other standard formats); 4RE video files are not proprietary, and may be exported in to multiple formats including: DVD Video, MPEG2, WMV, MP4, or AVI. Exporting video is fully IACP compliant and includes the choice of adding a portable WatchGuard player to the exported files. This player may be run completely from the media it is located on. Nothing has to be extracted or installed on the local machine that is accessing the exported media. This player allows full subtitles to display all metadata for courtroom presentation, as well as the ability to snapshot portions of the video for closer examination. i. Wired rear compartment microphone with the capability of recording front and rear cameras with audio from both tracks simultaneously; Each system includes an internal cabin microphone that records on a separate sound audio channel from the wireless microphone system when activated. This microphone is amplified in order to clearly pick-up even the faintest of conversations. Additionally, this microphone is wired and extendable so that it may be installed in an optimal location for any type of vehicle. j. Ability to have up to 20 wireless transfer uploads via 802.11 or greater, concurrently to the server. Specify the required number of wireless access points needed to facilitate the transfer; Wireless AP density is typically planned and managed through the numbers of concurrent vehicles that will be required to upload video at the same time during a shift change. We typically use 3-4 cars per Access Point as a good starting point – for a 30-car shift change we would install 10 access points with an access point controller to manage the data transfer. 4RE system uploads are 100% hands free over an 802.11n wireless connection. 802.11n is the most advanced wireless technology available today. Compared to the earlier 802.11g, 802.11n has up to five times the performance and nearly double the range. Using an industrial grade 802.11n wireless radio system in the car and sophisticated antennas at the agency, the 4RE system is able to achieve wireless transfer speeds roughly equal to the wired transfer speeds reached by most other digital in-car video systems. Anytime during the shift, the Officer is present at the Department and within the 802.11n connection put in place by the Department, 4RE will automatically begin negotiating with the Server. While unbeknownst to the Officer, who will only see a connection icon and signal strength on the 4RE user interface, the server will begin to “ask” the DVR to begin 82 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP sending its recorded events. Also during this time, any DVR configuration changes that have been made are also pushed to the DVR and immediately engaged. During this process, the Officer is under no constraints. If they shut the vehicle off, the DVR will continue its transfer in the Wireless Timer. If the Officer drives off or loses connection with the server, the server will retain the partial event it has and standby for the vehicle to return. After a period of time of not seeing the vehicle back at the Department, the server will package up this “partial” event and enter it into the database. This is to protect any and all video that the server receives. It will never throw away any video, even partially transferred events. When that vehicle does return, the server will recognize it and resume the upload, without any intervention. k. GPS; 4RE records event metadata included, but not limited to: event category, date, time, officer name, record status, microphone status, emergency lighting status, brake status, GPS coordinates, etc. l. Please detail options for DVR storage; DVR with Dual Drive Architecture  4RE uses an advanced dual drive architecture that provides redundancy and the ability to recover video that was not previously recorded. The first drive is an integrated drive. This drive may be a 64GB solid state drive or a 200GB automotive grade hard drive. 4RE buffers video and audio (when audio is active) to this drive any time the system is powered up.  4RE also includes a removable 16GB USB flash drive that is secured behind a locking door. All recorded events are copied to this USB drive, giving the Department a redundant means with which to transfer video. If the USB drive were ever used to transfer video, 4RE is still maintaining that video on its integrated hard drive. If that USB drive became damaged or lost 4RE is still protecting its copy in the car. The DVR will protect that video on the integrated hard drive until it receives secure confirmation from the server that the event has been uploaded. 83 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP m. Uploads data using an industry-standard layered secure transfer method; The 4RE HD system has three methods for video transfer: wireless transfer, manual USB transfer, and through a wired Ethernet connection. Wireless Transfer 4RE system uploads are 100% hands free over an 802.11n wireless connection. 802.11n is the most advanced wireless technology available today. Compared to the earlier 802.11g, 802.11n has up to five times the performance and nearly double the range. Using an industrial grade 802.11n wireless radio system in the car and sophisticated antennas at the agency, the 4RE system is able to achieve wireless transfer speeds roughly equal to the wired transfer speeds reached by most other digital in-car video systems. Anytime during the shift, the Officer is present at the Department and within the 802.11n connection put in place by the Department, 4RE will automatically begin negotiating with the Server. While unbeknownst to the Officer, who will only see a connection icon and signal strength on the 4RE user interface, the server will begin to “ask” the DVR to begin sending its recorded events. Also during this time, any DVR configuration changes that have been made are also pushed to the DVR and immediately engaged. During this process, the Officer is under no constraints. If they shut the vehicle off, the DVR will continue its transfer in the Wireless Timer. If the Officer drives off or loses connection with the server, the server will retain the partial event it has and standby for the vehicle to return. After a period of time of not seeing the vehicle back at the Department, the server will package up this “partial” event and enter it into the database. This is to protect any and all video that the server receives. It will never throw away any video, even partially transferred events. When that vehicle does return, the server will recognize it and resume the upload, without any intervention. Manual USB Flash Drive Transfer The manual USB transfer option provides a high level of security and simplicity. As stated in earlier explanations, when the USB drive is used to transfer video, 4RE is still maintaining that video on its integrated hard drive. If the USB drive becomes damaged or lost 4RE is still protecting its copy of the video in the car. The DVR in the car will protect the video on the integrated hard drive until it receives secure confirmation from the server that the event is secured on the back end. Only then will the in-car version of the event be freed up for deletion. Unlike other systems, you never risk losing important evidence during manual transfers should the flash drive be lost or destroyed. When a transfer is necessary the removable USB flash drive can be taken from its secure position behind a locked door on the DVR, and a manual transfer of the video can take place. This transfer of video from the USB flash drive to the server can be done on any EL Remote Client on the LAN (with appropriate permissions). When transferring video files 84 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP with the USB, the WatchGuard Import Scanner is used. This is a lightweight application that may be installed on any Windows XP or Windows 7 workstation where there is a potential for officers to perform USB Video transfers. The Import Scanner runs in the background with an icon in the taskbar. It is continually looking for a USB drive containing video files from a 4RE unit. If it finds one, it automatically launches the small application window and prompts the user for credentials to begin uploading the video. Wired Ethernet Transfer 4RE supports a wired Ethernet transfer. This transfer can be done by connecting the 4RE DVR to data port equipment (if in use) within the vehicle. n. Ability for users to tag data in the field and ability to replay video from the field; Each time a video event has concluded, the DVR will display an event tag menu for the officer to choose what type of stop was just completed, i.e. traffic warning, traffic citation, DUI, arrest, etc. The officer simply selects the proper event tag from the main display screen and presses save. All videos that have been recorded onto the DVR may be played back, given permissions, so that the officer may review their video from the main display screen as needed during shift. o. Automatically embed time/date stamp in the video; 4RE records event metadata included, but not limited to: event category, date, time, officer name, record status, microphone status, emergency lighting status, brake status, GPS coordinates, etc. p. MVRs must be operational at a minimum of -4 degrees and up to 120 degrees Fahrenheit; System is operational in -30°F to +185°F. q. Please describe any and all auto-activation trigger features such as, lights and sirens, speed, crash, or geo-fencing. The system has multiple record triggers including: emergency lights, siren, auxiliary input, wireless microphone, vehicle speed, and crash detection sensor. This information is displayed during vehicle playback, either through the evidence management software, or with exported video files. 85 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP Interview Room Recording System 3. Interview Room Recording System – The vendor will describe in detail if current products can meet, complete, and/or provide the following: a. Provide traditional (non-covert) cameras for seven (7) interview rooms within the police department at the Bozeman Public Safety Center currently under construction—two (2) cameras per room for a total of 14 cameras; The 4RE Interview Room solution supports with the traditional (non-covert) camera requirement. Pricing for the required two (2) cameras per room (total of 14 cameras) is included in this proposal. b. Ability to live remote stream interviews; The 4RE Interview Room solution supports Live Video Streaming through WatchGuard Video’s Watch-Commander Application. 4RE can create and output additional video streams that are optimized for live video streaming applications (by using lower resolutions and frame rates) without sacrificing any of the high resolution streams that are recorded on the integrated drives. The Watch-Commander Live Video Streaming application enables agencies to have instant live access to all wirelessly connected 4RE systems. It is a web-based multi-cast application that can be accessed on any workstation or smartphone (iPhone, iPad, Droid, etc.) with the appropriate permissions. When Live Video Streaming is initiated the 4RE system will give an audible tone and an icon will appear on the display. Users may select any connected camera to view, even if it is not currently being used in the vehicle. Live video streaming does not have an impact on what the vehicle operator sees, or on an in-progress recording. Users may also listen to audio if microphones are active. c. Provide wired concealed microphones; The Dome camera includes an integrated microphone for audio recording. There is also a separate wired microphone that can be installed for better audio placement and control. d. Please detail Power over Ethernet (POE) needs; Not applicable. e. Audio and video to be recorded and exported in a non-proprietary format (i.e. MP4, MKV and other standard formats); Video formats supported are: DVD Video, MPEG2, WMV, MP4 or AVI. 86 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP f. Please detail the installation process. The equipment installation should be done by professional, certified closed-circuit TV (CCTV)/video installers, using standard CCTV best practices. The wiring diagrams that show the interview room installation options assume CCTV best practices are followed. The video hardware and microphone hardware does not include a complete wiring harness to connect due to logistics of distance and location. Please contact a professional for a custom quote for your internal installation needs. Data Storage and Management System 4. Data Storage and Management System – The vendor will describe in detail if current products can meet, complete, and/or provide the following: a. Describe any on premise and/or any cloud based platforms to be used; ON PREMISE VIDEO STORAGE Our proposal includes pricing for on premise storage, but if the City has a preference for cloud storage, a hybrid solution is available. Two of the primary reasons to deploy a wearable camera project using on site storage are: 1) Fastest possible video offload speeds 2) Quickest access to video This deployment scenario works well in an environment that already has a well-developed and maintained infrastructure. This solution will easily fit in to the existing environment. It is ideal for agencies that want maximum control of their evidence and the management of video storage An on-site storage solution allows video to move rapidly from the cameras to the storage device. The movement of large amounts of video from hundreds of cameras can be complete in minutes instead of hours. This frees up cameras to be used for multiple shifts, which means the Department could purchase fewer cameras, docking stations and transfer bays. Another benefit of local storage is that you have almost instant access to video when you need it. A Cloud solution typically requires video to be uploaded to the Cloud before the viewing software can access it. Fast offloading and immediate access to a local storage device means the Department doesn’t have to wait to review critical evidence. 87 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP The 4RE Back Office Solution is architected in such a way that there are two types of stored video; Online and Archive. Online Video refers to video whose Dynamic Metadata is still contained within the SQL tables. The video files themselves are stored on a secure storage device readily accessible by the Server. Archive Video is video whose Dynamic Metadata and video have been removed from the SQL tables and packaged into a file folder (Archive Location). An Archived Video will not show up in searches related to Dynamic Metadata (such as GPS Radius Searches) but can quickly be found using the Static Metadata (Date, Officer Name, Vehicle ID, etc.) and, if needed, re-imported into the Active Storage. With our solution, the biggest benefit of archiving events out of Active Storage is the efficiency that the database feels from having all the Dynamic Metadata removed, making searching the database faster. 88 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP Our architecture archives events into their own folder, to the file system that we designate. If these file systems are accessible to the server, events can be re-imported immediately, without delay. This removes the manual steps involved with managing DVDs, tapes, maintenance to DVD Robots, and the actual time and energy needed to re-import each event manually. The City may choose to purchase storage hardware or use existing hardware, if available. The following table outlines our recommended minimum specifications. Hybrid Video Storage The Evidence Library Hybrid model will offer a combination of both on premise storage and cloud storage. This will allow the agency to store video on premise for a defined period of time and then have video moved to the Cloud for long-term storage. This provides the cost efficiency of on premise storage during the time when most access to video is needed while also providing the benefits of CLOUD-SHARE and Cloud storage for long-term retention and archiving. Cloud storage support is currently limited to two types, Microsoft Azure Public and Microsoft Azure Government. Cloud storage support is currently limited to two types, Microsoft Azure Public and Microsoft Azure Government. Microsoft Azure Public This is the primary Azure most IT departments are aware of, and it is rapidly adding features and functionality. While this can be made very secure, it does not 89 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP comply with CJIS standards unless the implementing IT department provides all of the required controls. Microsoft Azure Government is an isolated version of Azure that is exclusively used by US Government Agencies and qualified vendors. Microsoft has signed CJIS agreements with multiple states and has committed to maintain strict standards of compliance. WatchGuard Video is a Microsoft Managed Service Provider for Azure Government and can sell services to our customers if they do not already have Azure Government contracts. When available, WatchGuard Video will recommend the use of Microsoft Azure for cloud storage. The cloud platform is designed to meet US government demands, including:  Physical and logical network-isolated instance of Azure  Dedicated to US government with all data, applications, and hardware residing in the continental United States  Broad range of compliance certifications critical to US government  US datacenters located more than 500 miles apart, providing true geographic redundancy  Support for hybrid scenarios, as well as a vast array of services, programming languages, and tools Data centers are located in Iowa and Virginia with redundant data stored at both locations. All servers hosted in the Azure datacenter will be setup so that their disks are globally redundant (exist in both datacenters). In the event of a disaster, the VMs can be recovered in a 24-hour period. All video storage in Azure blobs is also globally redundant with three copies kept in each datacenter. In the event a datacenter is unavailable, all naming references will transition to the redundant datacenter. Azure Express Route is a private link to either Azure service that increases bandwidth and reduces network latency. It is not required for either solution but is recommended when large volumes of data are going to be sent to Azure. The hybrid video storage model uses storage tiers, with a combination of on premise and cloud storage. An example of a possible tier configuration is included in the following chart. 90 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP When using storage tiers, retention is based on event category and not on the tier. Video retention policies can span over multiple tiers. Events can be storage for a configurable amount of time (example 10 days, then move to the next tier), and there can be multiple volumes per storage tier. b. Confirm that all data must and will be housed in the United States; Data centers are located in Iowa and Virginia with redundant data stored at both locations. c. Confirm Criminal Justice Information Services (CJIS) complaint; Microsoft Azure Public is the primary Azure most IT departments are aware of, and it is rapidly adding features and functionality. Microsoft has signed CJIS agreements with multiple states and has committed to maintain strict standards of compliance. While this can be made very secure, it does not comply with CJIS standards unless the implementing IT department provides all of the required controls. 91 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP d. Confirm that all data will be owned by the City; Yes. The City will own your data. e. Explain your ability to migrate the City’s current data to vendor’s system and please describe a previous experience moving public sector client data. Please include cost per TB for this migration. Data migration is typically priced at $600/TB of data to be transferred – this includes a basic transfer method using simple API programs to move the data. If the data does not have associated metadata information for us to move, then the data will be moved in a generic format without the ability to index. This data migration can be done in different stages depending on what data the PD wishes to keep and move. Typically, we suggest letting your normal routine data that purges off on a short term basis to move out of the system and then move the critical data that is left. We have a professional services department that handles data migrations as well as the API setup and management for internal data transfer. We have done many data migrations which can be simple to complex. We will need to have a meeting to discuss needs and expectations in order to create a custom work plan for this part of the project. f. Ability to bookmark (date time stamp) audio and video; Every video is automatically date and time stamped down to the second. The information is recorded in the videos metadata and becomes searchable within Evidence Library. g. Please describe any Security Audits preformed or recommended by vendor for the system provided; Each video contains a complete data audit embedded within the video export. Any video may be audited via playback from the video. h. Please discuss access to vendor’s system for multiple users and passwords; User accounts and setup are handled via integration with the PDs local Microsoft Active Directory Integration. Security groups are setup to contain the officers and supervisors needed and then permissions are then granted to those security groups. i. The vendor will describe the functionality for the following: 1. Editing and redaction capabilities included and/or any necessary third party software; Redaction is handled via a third party software sold by us called Redactive. This is an AI based redaction software that can either run as a standalone on a desktop or as a server based software that allows for multiple users and seats to perform multiple redactions simultaneously. 92 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP 2. Transcription capabilities included and/or any necessary third party software; Not available at this moment. 3. Chain of Custody documentation; Each video contains a complete data audit embedded within the video export. Any video may be audited via playback from the video. This is considered the electronic chain of custody. 4. Internal and external video/data sharing and any specific licenses needed and quantities; None- non-proprietary MP4 format. 5. Audit trail abilities and documentation; Each video contains a complete data audit embedded within the video export. Any video may be audited via playback from the video. This is considered the electronic chain of custody. 6. Ability to send automatic notifications that a file has been changed once it has been shared; Change updates for shares are handled through the Command Central portion of the backend software. Evidence Library does not have ability to track any files changed within a case and to re-notify a recipient of additional evidence available. 7. Delete/Alter and Erase protection; Delete permission is typically only granted to a single individual within the organization. Video altering is not possible. 8. Ability to search tagged data; All videos can be searched by any of the present metadata – for example, date, time, officer, device, car number, location, speed, event tag etc. 9. Disaster recovery capabilities; Cloud offering includes redundant copies of the customer data. Onsite installations are the responsibility for the local IT staff to create and manage disaster recovery. 10. Video format non-propriety; Video format is MP4 93 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP j. Provide pricing for unlimited data storage or a la carte storage for GB, TB quantities for a 5-year retention time; In the CapEx model, it is $49 per body worn camera and $695 per vehicle camera per year for unlimited storage. k. Software as a Service option. This is bundled into the monthly price of the device:  Body-worn camera only: $69 per month  In-car video only: $149 per month  Integrated system: $218 per month Each additional individual user that wants access to the backend system (i.e. admin) will be a $39 fee. Warranty/Technology Refresh 5. Warranty/Technology Refresh – The vendor will describe in detail if current products can meet, complete, and/or provide the following: a. A minimum 2-year warranty on all components; V300 comes with a standard one-year warranty. Our price proposal includes pricing for extended warranty coverage through the fifth year of system ownership. b. Components/units failing within warranty period to be replaced within 48 hours of the City’s initial notification to the vendor of failure; WatchGuard will provide advanced replacement units when repairs are needed. WatchGuard will ship advanced replacement hardware as well as a return label for the hardware needing repair within 24 hours of notification. c. Details relative to any no-cost replacements/refreshes during the project span to ensure most current technology; WatchGuard has an optional V300 Refresh Plan. The customer receives a new body-worn camera of equal or greater functionality (WatchGuard discretion) at the end of a three-year contract. Refresh pricing includes extended warranty coverage (not no-fault) and Advanced Replacement Service for the original and refreshed camera. 94 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP Training 6. Training – The vendor will describe in detail if current products can meet, complete, and/or provide the following: a. Hard copy manuals structured for efficient and comprehensive reference; Efficient and comprehensive hard copy manuals will be supplied with product delivery. b. Durable “quick guides” must be available for all end-users of a size that will allow convenient placement in vehicles; “Quick guides” will be made available that will allow convenient placement in vehicles. c. Online training tutorials structured so that an end-user can easily select tutorials for various functions without having to devote extensive time to a single all- inclusive tutorial; There are a number of online courses available. These classes are self-paced and include an assessment at the end of each course. The results can be provided to Supervisors if needed. Providing a list of names and email addresses is all that is needed to sign up. Please see the WatchGuard Technical Training Catalog included in our response package for more details. d. In-person training: Train the Trainer session(s) and classroom training led by the awarded vendor for large rollouts; The training and handoff phase of implementation will last approximately two days depending on how the City wants to structure training class attendance. A list of in-person training courses has been provided in the WatchGuard Technical Training Catalog included in our response package. e. Identify, based on previous experience with public sector contracts, the number of training hours typically needed on the end-user to be confident in the operation of the systems (In-Car, Interview Room, and Data Storage and Management Systems); Dependent on how the City structures training classes, the training and handoff phase of implementation will last approximately two days. f. The ability to add training modules to our Vector Solutions Learning Management System. All of our online courses are available through training.watchguardvideo.com or the Motorola Solutions Learning Management System. 95 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP g. In-person training for selected contractor vendor to install the in-car video systems; There are a few different ways to become a Certified WatchGuard Installer. 1. Attend a Factory Training course. WatchGuard holds multiple training courses a year at our World HQ in Allen, TX. Factory Training free to enroll and attend, attendees will only be responsible for travel, lodging and evening meal expenses. Registration is required and seating is limited. 2. A WatchGuard technician can visit your location anywhere in the USA and provide dedicated installation training for a flat $2500 charge. Request by sending an email to watchguard.training@motorolasolutions.com 3. Take the Online Training course for 4RE Vehicle Installation Certification. You must have an account in Online Training to take the course. Customer Service/Support 7. Customer Service/Support – The vendor will describe in detail if current products can meet, complete, and/or provide the following: a. Provide concise detail on the availability of customer service and technical support to end-users; If WatchGuard is the selected vendor for this project, we would like to enter a long-term relationship with the Department. The service and support of our products extends past the initial implementation to the day to day care and maintenance for years after the initial sale. WatchGuard representatives are available 24 hours per day, seven days a week to answer questions and assist with technical issues. WatchGuard values our customers and we demonstrate this by having a growing team of professionals constantly available to meet the needs of our customers. While others may limit this availability or charge for use of this resource, the WatchGuard help desk is available to all customers for the life of their products at no additional cost to the agency. The Customer Service and Technical Support Department is made up of three distinct groups. The first is the Customer Service Support Team. This group of Customer Service Representatives primarily answers in-bound calls and requests for service, and they are accessible 24 hours per day. They specialize in troubleshooting, resolving issues, and answering the technical support questions of law enforcement officers and third party installers. The second group is the Technical Services Team. This group primarily works with large agency deployments and IT related projects. Their focus is ensuring successful deployments, knowledge sharing, user training, service training, and onsite support and technical service. This group has successfully handled all the WatchGuard State Agency deployments and 96 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP continually manages close relationships with all of them. They are available to customers 24 hours a day, seven days a week; and will travel to a site when necessary. Repair and Returns is the third group that customers work with. Their responsibility is to manage all warrantied and non-warrantied part and component repairs and replacements. Their goal is to quickly and efficiently handle any equipment problems and provide temporary loaner units so that agencies experience as little system downtime as possible. WatchGuard only employs the best representatives who share the company commitment and passion for excellent service and support. All representatives are qualified and experienced professionals who strive to maintain the company’s position as number one in the industry for customer service and support. WatchGuard views quality customer service and support as the most important function of the organization. As a company, we have a strong passion for providing thorough, efficient, and fast customer service. WatchGuard continually strives to have the best service team in the industry, and to ensure this we make our representatives available to the more than 6,500 agencies we serve 24 hours a day, seven day a week. A domestic service representative can be reached at any time by dialing our toll-free phone support number - (866) 384-8567. Service requests can also be made on our website, www.WatchGuardVideo.com on the “Support” page. The WatchGuard repair facility is in our headquarters at: WatchGuard, Inc. Attention: Customer Service 415 E. Exchange Pkwy. Allen, TX 75002 PROBLEM REPORT AND RESOLUTION PROCEDURES Available reporting methods include:  Telephone support o The Customer Service call center can be reached by dialing our toll-free number Monday through Friday from 7:00 am to 6:00 pm CST. If calling outside of normal business hours customers have the option to leave a voice message, or in the event of an emergency, call the after-hours support phone number where a representative will be available to provide assistance. o Calls received during normal business hours will be answered in the order they are received. o Voicemail messages will be returned the next business day. o After hours calls that are not immediately answered will be returned within 30 minutes of the initial call. 97 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP  Email o Customers have the option of contacting customer service by email at CustomerService@WatchGuardVideo.com. Requests received via email will receive a response within 2-4 business hours.  Web Portal o Customers may submit requests through WatchGuard’s web portal at http://cs.watchaguardvideo.com. Requests received through the web portal will receive a response within 2-4 business hours. Once in contact with a Customer Service Representative, the Representative will create a Case within our internal database and work with the customer to fulfill the request. If necessary, an order for replacement parts will be placed and shipped with a UPS return label if there are components that need to be returned. After the customer is satisfied, the case will be closed. Follow-up will be done as needed to ensure customer satisfaction. b. Offer support availability 24 hours a day, seven (7) days a week, 365 days a year; WatchGuard representatives are available 24 hours per day, seven days a week to answer questions and assist with technical issues. WatchGuard values our customers and we demonstrate this by having a growing team of professionals constantly available to meet the needs of our customers. While others may limit this availability or charge for use of this resource, the WatchGuard help desk is available to all customers for the life of their products at no additional cost to the agency. c. Describe the standard procedures for escalation of service/support issues when required; Escalation & Help Desk Procedures During Business Hours Escalation Path (Monday through Friday from 7:00 am to 6:00 pm CST.) Level Response Contact & Title Telephone 1st Level Immediately Help Desk Admin (866) 384-8567 2nd Level 1 ½ Hours Technical Lead / 2nd Level support (866) 384-8567 3rd Level 3 Hours Help Desk Manager (866) 384-8567 98 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP Escalation Procedure If the critical issue is not being worked within the allotted time of report to the Helpdesk Help Desk, the Customer can request to speak to the Help Desk Manager. After Hours Escalation Path (Monday through Friday from 6:00 pm to 7:00 am CST. and National Holidays.) Level Response Contact & Title Telephone 1st Level Immediately Help Desk Admin (866) 384-8567 2nd Level 1 ½ Hours Technical Lead / 2nd Level support (866) 384-8567 3rd Level 4 Hours Duty Manager (866) 384-8567 Escalation Procedure If the critical issue is not being worked within the allotted time of report to the Helpdesk Help Desk, the Customer can request to speak to the Help Desk Manager. d. Provide in-person service/support when such a need is identified by the City. The Technical Services Team primarily works with large agency deployments and IT related projects. Their focus is ensuring successful deployments, knowledge sharing, user training, service training, and onsite support and technical service. This group has successfully handled all the WatchGuard State Agency deployments and continually manages close relationships with all of them. They are available to customers 24 hours a day, seven days a week; and will travel to a site when necessary. Out Year Date Retention and Transfer 8. Out Year Date Retention and Transfer – The vendor will describe in detail if current products can meet, complete, and/or provide the following: a. All data retained in the data storage and management system belong to the City. At the end of the contract term, the awarded vendor will retain the data until the City can accomplish a transfer of data. Once data is confirmed to have successfully transferred to the City vendor will delete any copies of City data; Yes. We comply. The City will own your data. 99 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP b. Identify your standard procedures for facilitating the transfer of data; We have a professional services team that will discuss and plan for the data migration which will depend on quantity, metadata available, amount of metadata ingestion, and time requirements. Data transfers are accomplished via API modules already built which will need to be programmed and tweaked to accomplish your individual needs. c. Data migration services. Custom quote. 100 WATCHGUARD’S RESPONSE TO CITY OF BOZEMNAN’S RFP CONTRACTUAL DOCUMENTATION 101 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the _____ day of ______________, 202_, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 4.1 TITLE, AND RISK OF LOSS. Title and risk of loss to the Equipment will pass to City upon shipment. Title to Software will not pass to City at any time. Contractor will pack and ship all Equipment in accordance with good commercial practices. For purposes of clarity, the following terms shall have the following meanings: “Addendum (Addenda)” is the title of the document(s) containing a specific set of terms and conditions applicable to a particular service or other offering beyond the Agreement implementation services. The terms in the Addendum are applicable only to the specific service or offering described therein. 102 “Equipment” means the hardware components of the solution that City purchases from Contractor under this Agreement. “Services” means system implementation, maintenance, support, subscription, or other professional services provided under this Agreement, which may be further described in the applicable addendum and/or Statement of Work (“SOW”). “Software” (i) means proprietary software in object code format, and adaptations, translations, de-compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Contractor; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Any Contractor Software, including subsequent releases, is licensed to City solely in accordance with the Software License Agreement. City hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement. Any Non-Contractor Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Contractor the right to sublicense the Non-Contractor Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor’s rights and protections under the Software License Agreement. Contractor makes no representations or warranties of any kind regarding Non-Contractor Software. Non-Contractor Software may include Open Source Software. “Software License Agreement” means the Software License Agreement (Exhibit B). “Warranty Period” for Equipment, Software, or services related to system implementation means one (1) year from the date of system acceptance. Unless otherwise stated in writing, Warranty Period for other Services means ninety (90) days from performance of the Service. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; and that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its 103 performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder Certificate of Insurance for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of 104 prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, toTo the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereoffor personal injury, death, or direct damage to tangible property which may accrue against City to the extent it is caused by or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents while performing their duties under this Agreement , if City gives Contractor prompt, written notice of any claim or suit. City will cooperate with Contractor in its defense or settlement of the claim or suit. This Section sets forth the full extent of Contractor’s general indemnification of City from liabilities that are in any way related to Contractor’s performance under this Agreement. . For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, 105 damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. PATENT AND COPYRIGHT INFRINGEMENT. Contractor will defend at its expense any suit brought against City to the extent it is based on a third-party claim alleging that the Equipment manufactured by Contractor or the Contractor Software (“Contractor Product”) directly infringes a United States patent or copyright (“Infringement Claim”). Contractor’s duties to defend and indemnify are conditioned upon: City promptly notifying Contractor in writing of the Infringement Claim; Contractor having sole control of the defense of the suit and all negotiations for its settlement or compromise; and City providing to Contractor cooperation and, if requested by Contractor, reasonable assistance in the defense of the Infringement Claim. In addition to Contractor’s obligation to defend, and subject to the same conditions, Contractor will pay all damages finally awarded against City by a court of 106 competent jurisdiction for an Infringement Claim or agreed to, in writing, by Contractor in settlement of an Infringement Claim. If an Infringement Claim occurs, or in Contractor's opinion is likely to occur, Contractor may at its option and expense: (a) procure for City the right to continue using the Contractor Product; (b) replace or modify the Contractor Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Contractor Product and grant City a credit for the Contractor Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. Contractor will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Contractor Product with any software, apparatus or device not furnished by Contractor; (b) the use of ancillary equipment or software not furnished by Contractor and that is attached to or used in connection with the Contractor Product; (c) Contractor Product designed or manufactured in accordance with City’s designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Contractor Product by a party other than Contractor; (e) use of the Contractor Product in a manner for which the Contractor Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by City to install an enhancement release to the Contractor Software that is intended to correct the claimed infringement. In no event will Contractor’s liability resulting from its indemnity obligation to City extend in any way to royalties payable on a per use basis or the City’s revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Contractor from City from sales or license of the infringing Contractor Product. This Section provides City’s sole and exclusive remedies and Contractor’s entire liability in the event of an Infringement Claim. City has no right to recover and Contractor has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section are subject to and limited by the restrictions set forth in Section 10. INSURANCE: In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard arising out of the negligence of the Contractor in its performance under this agreement to the cause therefore and which is acceptable to the City. 107 Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any material part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any material terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). Notwithstanding, Contractor will be given reasonable opportunity upon receipt of the notice of such termination to either cure the fault or, if the fault is not curable within thirty (30) days, provide a written cure plan. Upon Contractor’s failure to cure the fault, tThe City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. If City terminates this Agreement as permitted by this Section, and completes the System through a third Party, City may as its exclusive remedy recover from Contractor reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the contract price. City will mitigate damages and provide Contractor with detailed invoices substantiating the charges. 108 b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered and conforming equipment delivered to City up to the effective date of the termination. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, 109 or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. c. LIMITATION OF LIABILITY Except for personal injury or death, Contractor's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or implementation and other one-time Services with respect to which losses or damages are claimed. With respect to all subscription or other ongoing Services and unless as otherwise provided under the applicable Addenda, Contractor’s total liability will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Services preceding the incident giving rise to the claim. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT CONTRACTOR WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY CONTRACTOR PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be _________________ or such other individual as City shall designate 110 in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all nondiscrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and 111 contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of 112 verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior- level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 113 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. 32. REPRESENTATIONS AND WARRANTIES 32.1. SYSTEM FUNCTIONALITY. Contractor represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Contractor is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Contractor which is attached to or used in connection with the System or for reasons or parties beyond Contractor’s control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or City changes to load usage or configuration outside the Specifications. 32.2. EQUIPMENT WARRANTY. During the Warranty Period, Contractor warrants that the Equipment under normal use and service will be free from material defects in materials and 114 workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes beyond Contractor’s control, this warranty expires eighteen (18) months after the shipment of the Equipment. 32.3. SOFTWARE WARRANTY. Unless otherwise stated in the Software License Agreement, during the Warranty Period, Contractor warrants the Software in accordance with the warranty terms set forth in the Software License Agreement and the provisions of this Section that are applicable to the Software. If System Acceptance is delayed beyond six (6) months after shipment of the Contractor Software by events or causes beyond Contractor’s control, this warranty expires eighteen (18) months after the shipment of the Contractor Software. 32.4. EXCLUSIONS TO EQUIPMENT AND SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Contractor; City’s failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 32.5. SERVICE WARRANTY. During the Warranty Period, Contractor warrants that the Services will be provided in a good and workmanlike manner and will conform in all material respects to the applicable Statement of Work. Services will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. City acknowledges that the Deliverables may contain recommendations, suggestions or advice from Contractor to City (collectively, “recommendations”). Contractor makes no warranties concerning those recommendations, and City alone accepts responsibility for choosing whether and how to implement the recommendations and the results to be realized from implementing them. 32.6. WARRANTY CLAIMS. To assert a warranty claim, City must notify Contractor in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Contractor will investigate the warranty claim. If this investigation confirms a valid Equipment or Software warranty claim, Contractor will (at its option and at no additional charge to City) repair the defective Equipment or Contractor Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Contractor Software. These actions will be the full extent of Contractor’s liability for the warranty claim. In the event of a valid Services warranty claim, City’s sole remedy is to require Contractor to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. If this investigation indicates the warranty claim is not valid, then Contractor may invoice City for responding to the claim on a time and materials basis using Contractor’s then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Contractor. 32.7. ORIGINAL END USER IS COVERED. These express limited warranties are extended by 115 Contractor to the original user purchasing the System or Services for commercial, industrial, or governmental use only, and are not assignable or transferable. 32.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND CONTRACTOR SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Exhibit B Contractor Software License Agreement Software as a Service Subscription Agreement **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 116 WGI SaaS Agreement Rev.010218 1 Agreement No. [●] SOFTWARE AS A SERVICE SUBSCRIPTION AGREEMENT For EVIDENCELIBRARY.COM This Software as a Service Agreement (this “Agreement”), effective as of [DATE] (the “Effective Date”), is by and between WatchGuard Video, Inc., a Delaware corporation with offices located at 415 Century Parkway, Allen, TX 75013 (”Provider”, “we” or “us”) and (”Customer” or “you”). WHEREAS, Provider provides access to its software-as-a-service offerings to its customers; WHEREAS, Customer desires to access certain software-as-a-service offerings described herein, and Provider desires to provide Customer access to such offerings, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Definitions. ”Access Credentials” means any user name, identification number, password, license or security key, security token, PIN, or other security code, method, technology, or device used, alone or in combination, to verify an individual’s identity and authorization to access and use the Services. ”Action” means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena or investigation of any nature, civil, criminal, administrative, regulatory or other, whether at law, in equity, or otherwise. ”Affiliate” of a Person means any other Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Person. The term “control” (including the terms “controlled by” and “under common control with”) means the direct or indirect power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise/ownership of more than 50% of the voting securities of a Person. ”Authorized User” means Customer’s employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. ”Confidential Information” has the meaning set forth in Section 9.1. ”Customer Data” means information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly from Customer or an Authorized User by or through the Services or that incorporates or is derived from the Processing of such information, data, or content by or through the Services. For the avoidance of doubt, Customer Data does not include Resultant Data or any other information reflecting the access or use of the Services by or on behalf of Customer or any Authorized User. ”Customer Failure” has the meaning set forth in Section 4.2. 117 WGI SaaS Agreement Rev.010218 2 ”Customer Indemnitee” has the meaning set forth in Section 12.1. ”Customer Systems” means the Customer’s information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Customer or through the use of third-party services. ”Disclosing Party” has the meaning set forth in Section 9.1. “Documentation” means any manuals, instructions, or other documents or materials that the Provider provides or makes available to Customer in any form or medium and which describe the functionality, components, features, or requirements of the Services or Provider Materials, including any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof. ”Fees” has the meaning set forth in Section 8.1. ”Force Majeure Event” has the meaning set forth in Section 15.9. ”Harmful Code” means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data Processed thereby, or (b) prevent Customer or any Authorized User from accessing or using the Services or Provider Systems as intended by this Agreement. Harmful Code does not include any Provider Disabling Device. ”Indemnitee” has the meaning set forth in Section 12.3. ”Indemnitor” has the meaning set forth in Section 12.3. ”Initial Term” has the meaning set forth in Section 14.1. ”Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world. ”Law” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, or other requirement of any federal, state, local, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction. ”Losses” means any and all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers. ”Permitted Use” means any use of the Services by an Authorized User for the benefit of Customer in the ordinary course of its internal business operations. ”Person” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association, or other entity. ”Process” means to take any action or perform any operation or set of operations that the Services are capable of 118 WGI SaaS Agreement Rev.010218 3 taking or performing on any data, information, or other content, including to collect, receive, input, upload, download, record, reproduce, store, organize, compile, combine, log, catalog, cross-reference, manage, maintain, copy, adapt, alter, translate, or make other derivative works or improvements, process, retrieve, output, consult, use, perform, display, disseminate, transmit, submit, post, transfer, disclose, or otherwise provide or make available, or block, erase, or destroy . “Processing” and “Processed” have correlative meanings. ”Provider Disabling Device” means any software, hardware, or other technology, device, or means used by Provider or its designee to disable Customer’s or any Authorized User’s access to or use of the Services automatically with the passage of time or under the positive control of Provider or its designee. ”Provider Indemnitee” has the meaning set forth in Section 12.2. ”Provider Materials” means the Services, Specifications, Documentation, and Provider Systems and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, that are provided or used by Provider or any Subcontractor in connection with the Services or otherwise comprise or relate to the Services or Provider Systems. For the avoidance of doubt, Provider Materials include Resultant Data and any information, data, or other content derived from Provider’s monitoring of Customer’s access to or use of the Services, but do not include Customer Data. ”Provider Personnel” means all individuals involved in the performance of Services as employees, agents, or independent contractors of Provider or any Subcontractor. ”Provider Systems” means the information technology infrastructure used by or on behalf of Provider in performing the Services, including all computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Provider or through the use of third-party services. ”Receiving Party” has the meaning set forth in Section 9.1. ”Renewal Term” has the meaning set forth in Section 14.2. ”Representatives” means, with respect to a party, that party’s and its Affiliates’ employees, officers, directors, consultants, agents, independent contractors, service providers, sublicensees, subcontractors, and legal advisors. ”Resultant Data” means data and information related to Customer’s use of the Services and/or information compiled from Customer Data that is used by Provider in an aggregate and anonymized manner, for one or more of the following purposes: (i) to compile statistical and performance information related to the provision and operation of the Services; (ii) to provide routine or Customer-requested maintenance, repairs, analytical or diagnostic services related to the Services, Provider Systems or Customer Data; (iii) to ensure compliance with, or provide updates or revisions to, this Agreement, Service Level performance metrics, or the Services, and policies and protocols related thereto; or (iv) to compile analytical and statistical information for purposes of developing and improving our products and services. ”Service Allocation” has the meaning set forth in Section 3.2. ”Services” means the software-as-a-service offering described in Exhibit A. 119 WGI SaaS Agreement Rev.010218 4 ”Specifications” means the specifications for the Services set forth in Exhibit B. ”Subcontractor” has the meaning set forth in Section 2.7. ”Support Services” has the meaning set forth in Section 5.4. ”Term” has the meaning set forth in Section 14.2. ”Third-Party Materials” means materials and information, in any form or medium, including any open-source or other software, documents, data, content, specifications, products, equipment, or components of or relating to the Services that are not proprietary to Provider. 2. Services. 2.1 Access and Use. Subject to and conditioned on your and your Authorized Users’ compliance with the terms and conditions of this Agreement, we hereby grant to you a non-exclusive, non-transferable (except in compliance with Section 15.8)) right to access and use the Services during the Term, solely for use by Authorized Users in accordance with the terms and conditions herein. Such use is limited to your internal use. We will provide you with Access Credentials as of the Effective Date. 2.2 Documentation License. We hereby grant you a non-exclusive, non-sublicenseable, non-transferable (except in compliance with Section 15.8) license to use the Documentation during the Term solely for your internal business purposes in connection with its use of the Services. 2.3 Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (a) We have and will retain sole control over the operation, provision, maintenance, and management of the Provider Materials; and (b) You have and will retain sole control over the operation, maintenance, and management of, and all access to and use of, the Customer Systems, and sole responsibility for all access to and use of the Provider Materials by any Person by or through the Customer Systems or any other means controlled by you or any Authorized User, including any: (i) information, instructions, or materials provided by any of them to the Services or us; (ii) results obtained from any use of the Services or Provider Materials; and (iii) conclusions, decisions, or actions based on such use. 2.4 Reservation of Rights. Nothing in this Agreement grants any right, title, or interest in or to (including any license under) any Intellectual Property Rights in or relating to, the Services, Provider Materials, or Third-Party Materials, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the Services, the Provider Materials, and the Third-Party Materials are and will remain with us and the respective rights holders in the Third-Party Materials. 2.5 Service Management. Each party shall, throughout the Term, maintain within its organization a service manager to serve as such party’s primary point of contact for day-to-day communications, consultation, and decision-making regarding this Agreement. Each service manager shall be responsible for providing all day-to-day consents and approvals on behalf of such party under this Agreement. Each party shall ensure its service manager has the requisite organizational authority, skill, experience, and other qualifications to perform in such capacity. 2.6 Changes. (a) Changes to the Services. We reserve the right, in our sole discretion, to make any changes to the Services and Provider Materials that we deem necessary or useful to: (1) maintain or enhance (i) the quality or delivery of our services to our customers, (ii) the competitive strength of or market for our services, or (iii) the Services’ cost efficiency or performance; or (2) to comply with applicable Law. We will notify you of any material change to the Services or Provider Materials. 120 WGI SaaS Agreement Rev.010218 5 (b) Changes to this Agreement. We may revise, update or supplement this Agreement from time to time. Any such revision, update or supplement shall become effective immediately. We will notify you of any changes to this Agreement, and your continued use of the Services following your receipt of notice means that you agree to the terms and conditions of this Agreement as revised, updated or supplemented. 2.7 Subcontractors. We may from time to time in our discretion engage third parties to perform Services (each, a “Subcontractor”). 2.8 Suspension or Termination of Services. We may, directly or indirectly, and by use of a Provider Disabling Device or any other lawful means, suspend, terminate, or otherwise deny your, any Authorized User’s, or any other Person’s access to or use of all or any part of the Services or Provider Materials, without incurring any resulting obligation or liability, if: (a) we receive a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires us to do so; or (b) we reasonably believe that: (i) you or any Authorized User have failed to comply with any material term of this Agreement, or accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under this Agreement or in any manner that does not comply with any material instruction or requirement of the Specifications; (ii) you or any Authorized User are, have been, or are likely (in our reasonable judgment) to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Services; or (iii) this Agreement expires or is terminated. If we suspend your right to access the Services you will remain responsible for payment of Fees you incur during the period. This Section 2.8 does not limit any of our other rights or remedies, whether at law, in equity, or under this Agreement. 3. Use Restrictions; Service Usage and Data Storage. 3.1 Use Restrictions. You shall not, and shall not permit any other Person to, access or use the Services or Provider Materials except as expressly permitted by this Agreement and, in the case of Third-Party Materials, the applicable third- party license agreement. For purposes of clarity and without limiting the generality of the foregoing, you shall not, except as this Agreement expressly permits: (a) copy, modify, or create derivative works or improvements of the Services or Provider Materials; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Services or Provider Materials to any Person, including on or in connection with the internet or any time-sharing, service bureau, software-as-a-service, cloud, or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Services or Provider Materials, in whole or in part; (d) bypass or breach any security device or protection used by the Services or Provider Materials or access or use the Services or Provider Materials other than by an Authorized User through the use of his or her own then valid Access Credentials; (e) input, upload, transmit, or otherwise provide to or through the Services or Provider Systems, any information or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code; (f) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Services, Provider Systems, or Provider’s provision of services to any third party, in whole or in part; (g) remove, delete, alter, or obscure any trademarks, Specifications, Documentation, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Services or Provider Materials, including any copy thereof; 121 WGI SaaS Agreement Rev.010218 6 (h) access or use the Services or Provider Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other Provider customer), or that violates any applicable Law; (i) access or use the Services or Provider Materials for purposes of competitive analysis of the Services or Provider Materials, the development, provision, or use of a competing software service or product or any other purpose that is to our detriment or commercial disadvantage; or (j) otherwise access or use the Services or Provider Materials beyond the scope of or is inconsistent with the authorization granted under this Section 3.1. 3.2 Service Usage. Exhibit A sets forth the subscription terms and Fees for the two designated levels of usage and data storage available for Customer Data (each a “Service Allocation”). We will use commercially reasonable efforts to notify you in writing if your use of the Services exceeds the storage limits or other use parameters of the Service Allocation you have selected, at which point we may mutually agree to adjust your Service Allocation and corresponding Fee obligations in accordance with applicable Specifications. You acknowledge that exceeding your then-current Service Allocation may result in service degradation for you and other of our customers, and you therefore agree that (a) we have no obligation to allow you to exceed your then-current Service Allocation. 4. Customer Obligations. 4.1 Customer Systems and Cooperation. You shall at all times during the Term: (a) set up, maintain, and operate in good repair and in accordance with the Specifications all Customer Systems on or through which the Services are accessed or used; (b) provide Provider Personnel with such access to your premises and Customer Systems as is necessary for Provider to perform the Services in accordance with the Availability Requirement and Specifications; (c) provide all cooperation and assistance as we may reasonably request to enable us to exercise our rights and perform our obligations under and in connection with this Agreement; (d) ensure that your use of the Services is in compliance with applicable laws, rules and regulations; (e) set up and enable any hardware or networks that connect to the Services and ensure that all such hardware and networks properly interact with the Services and its hardware and software component parts; (f) maintain responsibility for the Customer Data before it is uploaded to the Services platform; and (g) establish any security settings you deem necessary and appropriate for your network and Customer Data . 4.2 Effect of Customer Failure or Delay. We are not responsible or liable for any delay or failure of performance caused in whole or in part by your delay in performing, or failure to perform, any of your obligations under this Agreement (each, a “Customer Failure”). 4.3 Corrective Action and Notice. If you become aware of any actual or threatened activity prohibited by Section 3.1, you shall, and shall cause your Authorized Users to, immediately: (a) take all reasonable and lawful measures within your or their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Services and Provider Materials and permanently erasing from their systems and destroying any data to which any of them have gained 122 WGI SaaS Agreement Rev.010218 7 unauthorized access); and (b) notify us of any such actual or threatened activity. 5. Service Levels and Credits. 5.1 Service Levels. Subject to the terms and conditions of this Agreement, we will use commercially reasonable efforts to make the Services Available as set forth in Exhibit B. 5.2 Service Support. The Services include our standard customer support services (“Support Services”) in accordance with our service support schedule then in effect from time to time. 6. Data Backup and Redundancy. We will take reasonable measures to provide Customer with locally redundant storage (“Local Storage”) within the data center in which the Customer Data resides. At your request, we may provide for geo-redundant storage (“Geo Storage”) for replication of the Customer Data in a secondary data center that is geographically distant from the first data center. A Geo Storage election is considered an upgrade of the standard Local Storage account and will require payment of additional Fees and execution of an addendum to this Agreement. You are responsible for implementing and maintaining all such Customer Data backup and disaster recovery processes you deem appropriate for your local computer systems and information technology infrastructure. 7. Security. 7.1 Provider Systems and Security Obligations. Without limiting the representations, warranties and disclaimers in Section 11 or your obligations under Sections 6, 7.4 and 7.5, we will implement reasonable and appropriate measures designed to help you secure the Customer Data against unlawful loss, access or disclosure. However, (i) we are not responsible for the accuracy, completeness or success of any efforts for replication, restoration, or recovery of Customer Data that you or Microsoft may take; and (ii) we are not liable for damage to, or loss or corruption of Customer Data from any cause, including failure of any storage, replication or redundancy capabilities of any data center(s) in which Customer Data may be located. 7.2 Data Privacy. Subject to the rights granted to us in Section 10.3, we will not access or use Customer Data except as necessary to maintain or provide the Services, or as necessary to comply with applicable Law or a binding order of a court or governmental agency. We will not (a) disclose Customer Data to any government, government agency or third party, or (b) subject to Section 3.2, move Customer Data except as necessary to comply with applicable Law or a binding order of a court or governmental agency. Unless we are prohibited from doing so by applicable Law, we will give you notice of any such legal requirement or order. 7.3 Prohibited Data. You acknowledge that the Services are not designed with security and access management for Processing the following categories of information: (a) data that is classified and or used on the U.S. Munitions list, including software and technical data; (c) articles, services, and related technical data designated as defense articles or defense services; and (d) International Traffic in Arms Regulations (“ITAR”) related data, (each of the foregoing, “Prohibited Data”). You shall not, and shall not permit any Authorized User or other Person to, provide any Prohibited Data to, or Process any Prohibited Data through, the Services, the Provider Systems, or any Provider Personnel. You are solely responsible for reviewing all Customer Data and shall ensure that no Customer Data constitutes or contains any Prohibited Data. 7.4 Customer Control and Responsibility. (a) You have and will retain sole responsibility for: (1) all Customer Data, 123 WGI SaaS Agreement Rev.010218 8 including its content and use; (2) all information, instructions, and materials provided by or on your behalf or by or on behalf of any Authorized User in connection with the Services; (3) your information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by you or through the use of third-party services (”Customer Systems”); (4) the security and use of Access Credentials by you and your Authorized Users; and (5) all access to and use of the Services and Provider Materials directly or indirectly by or through the Customer Systems or your or your Authorized Users’ Access Credentials, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use. (b) You understand and agree that all transactions you undertake using the Services are between you and the parties with which you are transacting. Certain features and capabilities of the Services may link you to or provide you with access to third-party content such as networks, websites, and information databases that we do not operate or control (“Third-Party Services”). We are not responsible for your contact with, access to or use of any Third-Party Services or any losses or damage you may experience from such contact, use or access, unless such losses or damages directly resulted from our material breach of our obligations under this Agreement. 7.5 Access and Security. You agree to employ all physical, administrative, and technical controls, screening and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all Access Credentials and protect against any unauthorized access to or use of the Services; and (b) control the content and use of Customer Data, including the uploading or other provision of Customer Data for Processing by the Services. 8. Fees and Payment 8.1 Fees. You agree to pay us the fees set forth in Exhibit A (”Fees”) in accordance with this Section 8. 8.2 Taxes. All Fees and other amounts payable by you under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, you are responsible for all sales, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on our income. 8.3 Late Payment. If you fail to make any payment when due then, in addition to all other remedies that may be available: (a) We may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable Law; (b) you shall reimburse us for all costs we incur in collecting any late payments or interest, including attorneys’ fees, court costs, and collection agency fees; and (c) if such failure continues for thirty (30) days following written notice thereof, we may suspend performance of the Services until all past due amounts and interest thereon have been paid, without incurring any obligation or liability to you or any other Person by reason of such suspension. 8.4 No Deductions or Setoffs. All amounts payable to us under this Agreement shall be paid by you in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable Law). 9. Confidentiality. 9.1 Confidential Information. In connection with this Agreement each party (as the “Disclosing Party”) may disclose or make available Confidential Information to the other party (as the “Receiving Party”). Subject to Section 9.2, “Confidential Information” means information in any form or medium (whether oral, written, electronic, or other) that 124 WGI SaaS Agreement Rev.010218 9 the Disclosing Party considers confidential or proprietary, including information consisting of or relating to the Disclosing Party’s technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations, in each case whether or not marked, designated, or otherwise identified as “confidential”. 9.2 Exclusions. Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (a) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information’s being disclosed or made available to the Receiving Party in connection with this Agreement; (b) was or becomes generally known by the public other than by the Receiving Party’s or any of its Representatives’ noncompliance with this Agreement; (c) was or is received by the Receiving Party on a non-confidential basis from a third party that, to the Receiving Party’s knowledge, was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (d) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information. 9.3 Protection of Confidential Information. As a condition to being provided with any disclosure of or access to Confidential Information, the Receiving Party shall: (a) not access or use Confidential Information other than as necessary to exercise its rights or perform its obligations under and in accordance with this Agreement; (b) except as may be permitted by and subject to its compliance with Section 9.4, not disclose or permit access to Confidential Information other than to its Representatives who: (i) need to know such Confidential Information for purposes of the Receiving Party’s exercise of its rights or performance of its obligations under and in accordance with this Agreement; (ii) have been informed of the confidential nature of the Confidential Information and the Receiving Party’s obligations under this Section 9.3; and (iii) are bound by confidentiality and restricted use obligations at least as protective of the Confidential Information as the terms set forth in this Section 9; (c) safeguard the Confidential Information from unauthorized use, access, or disclosure using at least the degree of care it uses to protect its similarly sensitive information and in no event less than a reasonable degree of care; (d) promptly notify the Disclosing Party of any unauthorized use or disclosure of Confidential Information and take all reasonable steps to prevent further unauthorized use or disclosure; and (e) ensure its Representatives’ compliance with, and be responsible and liable for any of its Representatives’ non- compliance with, the terms of this Section 9. (f) notwithstanding any other provisions of this Agreement, the Receiving Party’s obligations under this Section 9 with respect to any Confidential Information that constitutes a trade secret under any applicable Law will continue until such time, if ever, as such Confidential Information ceases to qualify for trade secret protection under one or more such applicable Laws other than as a result of any act or omission of the Receiving Party or any of its Representatives. 9.4 Compelled Disclosures. If the Receiving Party or any of its Representatives is compelled by applicable Law to disclose any Confidential Information then, to the extent permitted by applicable Law, the Receiving Party shall: (a) promptly, and prior to such disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights under Section 9.3; and (b) provide reasonable assistance to the Disclosing Party in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this Section 9.4, the Receiving Party remains required by Law to disclose any Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that, on the advice of the Receiving Party’s legal counsel, the Receiving Party is legally required to disclose. 125 WGI SaaS Agreement Rev.010218 10 10. Intellectual Property Rights. 10.1 Provider Materials. We retain all right, title, and interest in and to the Provider Materials, including all Intellectual Property Rights therein and, with respect to Third-Party Materials, the applicable third-party providers own all right, title, and interest, including all Intellectual Property Rights, in and to the Third-Party Materials. You have no right, license, or authorization with respect to any of the Provider Materials except as expressly set forth in Section 2.1 or the applicable third-party license, in each case subject to Section 3.1. We expressly retain all other rights in and to the Provider Materials. In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to us an assignment of all right, title, and interest in and to the Resultant Data, including all Intellectual Property Rights relating thereto. 10.2 Customer Data. As between you and us, you are and will remain the controller and sole and exclusive owner of all right, title, and interest in and to all Customer Data, including all Intellectual Property Rights relating thereto, subject to the rights and permissions granted in Section 10.3. 10.3 Consent to Use Customer Data. You hereby irrevocably grant all such rights and permissions in or relating to Customer Data as are necessary or useful to us, our Subcontractors, and Provider Personnel to (a) provide the Services, (b) to analyze the Customer Data to (i) operate, maintain, manage, and improve our products and services, and (ii) create new products and services, (b) enforce this Agreement, (c) compile the Resultant Data, and (d) exercise such rights as we, our Subcontractors, and Provider Personnel may require to perform our obligations hereunder. 11. Representations and Warranties. 11.1 Provider Representations, Warranties, and Covenants. We represent, warrant, and covenant to you that we will perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and will devote adequate resources to meet our obligations under this Agreement. 11.2 Customer Representations, Warranties, and Covenants. You represent, warrant, and covenant to us that you own or otherwise have and will maintain the necessary rights and consents in and relating to the Customer Data so that, as received by us and Processed in accordance with this Agreement, they do not and will not infringe, misappropriate, or otherwise violate any Intellectual Property Rights, or any privacy or other rights of any third party or violate any applicable Law. 11.3 DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTIONS 11.1 AND 11.2, ALL SERVICES AND PROVIDER MATERIALS ARE PROVIDED “AS IS.” WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OF ANY KIND THAT THE SERVICES OR PROVIDER MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. 12. Indemnification. 12.1 Provider Indemnification. We agree to indemnify, defend, and hold harmless you and your officers, directors, employees, agents, permitted successors, and permitted assigns (each, a “Customer Indemnitee”) from and against any and all Losses incurred by you or a Customer Indemnitee resulting from any Action by a third party (other than your Affiliate) that your use or an Authorized User’s use of the Services (excluding Customer Data and Third-Party Materials) in accordance with this Agreement (including the Specifications) infringes or misappropriates such third party’s U.S. Intellectual Property Rights. The foregoing obligation does not apply to the extent that the alleged infringement arises 126 WGI SaaS Agreement Rev.010218 11 from: (a) Third-Party Materials or Customer Data; (b) access to or use of the Provider Materials in combination with any hardware, system, software, network, or other materials or service that we did not provide or that was not specified for your use in the Documentation; (c) modification of the Provider Materials other than: (i) by or on behalf of us; or (ii) with our written approval in accordance with our written specification; (d) failure to timely implement any modifications, upgrades, replacements, or enhancements made available to you by or on behalf of us; or (e) act, omission, or other matter described, in Section 12.2(a) Section 12.2(b), Section 12.2(c), or Section 12.2(d), whether or not the same results in any Action against or Losses by any Provider Indemnitee. 12.2 Customer Indemnification. You agree to indemnify, defend, and hold harmless us and our Subcontractors and Affiliates, and each of our and their respective officers, directors, employees, agents, successors, and assigns (each, a “Provider Indemnitee”) from and against any and all Losses incurred by such Provider Indemnitee resulting from any Action by a third party (other than an Affiliate of a Provider Indemnitee) to the extent that such Losses arise out of or result from, or are alleged to arise out of or result from: (a) Customer Data, including any Processing of Customer Data by us or on our behalf in accordance with this Agreement; (b) any other materials or information (including any documents, data, specifications, software, content, or technology) provided by you or on behalf of you or any Authorized User, including our compliance with any specifications or directions provided by or on behalf of you or any Authorized User to the extent prepared without any contribution by us; (c) allegation of facts that, if true, would constitute your breach of any of your representations, warranties, covenants, or obligations under this Agreement; or (d) gross negligence or more culpable act or omission (including recklessness or willful misconduct) by you, any Authorized User, or any third party on behalf of you or any Authorized User, in connection with this Agreement. 12.3 Indemnification Procedure. Each party shall promptly notify the other party in writing of any Action for which such party believes it is entitled to be indemnified pursuant to Section 12.1 or Section 12.2, as the case may be. The party seeking indemnification (the “Indemnitee”) shall cooperate with the other party (the “Indemnitor”) at the Indemnitor’s sole cost and expense. The Indemnitor shall promptly assume control of the defense and shall employ counsel reasonably acceptable to the Indemnitee to handle and defend the same, at the Indemnitor’s sole cost and expense. The Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing. The Indemnitor shall not settle any Action on any terms or in any manner that adversely affects the rights of any Indemnitee without the Indemnitee’s prior written consent, which shall not be unreasonably withheld or delayed. If the Indemnitor fails or refuses to assume control of the defense of such Action, the Indemnitee shall have the right, but no obligation, to defend against such Action, including settling such Action after giving notice to the Indemnitor, in each case in such manner and on such terms as the Indemnitee may deem appropriate. 12.4 Mitigation. If any of the Services or Provider Materials are, or in our opinion are likely to be, claimed to infringe, misappropriate, or otherwise violate any third-party Intellectual Property Right, or if you or any Authorized User’s use of the Services or Provider Materials is enjoined or threatened to be enjoined, we may, at our option and sole cost and expense: 127 WGI SaaS Agreement Rev.010218 12 (a) obtain the right for you to continue to use the Services and Provider Materials materially as contemplated by this Agreement; (b) modify or replace the Services and Provider Materials, in whole or in part, to seek to make the Services and Provider Materials (as so modified or replaced) non-infringing, while providing materially equivalent features and functionality, in which case such modifications or replacements will constitute Services and Provider Materials, as applicable, under this Agreement; or (c) by written notice to you, terminate this Agreement with respect to all or part of the Services and Provider Materials, and require that you immediately cease any use of the Services and Provider Materials or any specified part or feature thereof. 12.5 Sole Remedy. THIS SECTION 12 SETS FORTH YOUR SOLE REMEDIES AND OUR SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES AND PROVIDER MATERIALS OR ANY SUBJECT MATTER OF THIS AGREEMENT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 13. Limitations of Liability. 13.1 EXCLUSION OF DAMAGES. IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, (d) COST OF REPLACEMENT GOODS OR SERVICES, (e) LOSS OF GOODWILL OR REPUTATION, OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. 13.2 CAP ON MONETARY LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID TO US UNDER THIS AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM MADE BY CUSTOMER. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14. Term and Termination. 14.1 Initial Term. The initial term of this Agreement commences as of the Effective Date and, unless terminated earlier pursuant any of this Agreement’s express provisions, will continue in effect until three (3) years from such date (the “Initial Term”). 14.2 Renewal Term. Upon expiration of the Initial Term this Agreement will automatically renew for successive one (1) year terms unless earlier terminated pursuant to this Agreement’s express provisions or either party gives the other party written notice of non-renewal at least 90 days prior to the expiration of the then-current term (each a “Renewal Term” and, collectively, together with the Initial Term, the “Term”). 14.3 Termination. In addition to any other express termination right set forth elsewhere in this Agreement: (a) we may terminate this Agreement, effective on written notice to you, if you: (i) fail to pay any amount when 128 WGI SaaS Agreement Rev.010218 13 due hereunder, and such failure continues more than 30 days after we provide you with written notice thereof; or (ii) breach any of your obligations under Section 3.1, Section 7.3, or Section 9; (b) either party may terminate this Agreement, effective on 30 days written notice to the other party, if the other party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured 30 days after the non-breaching party provides the breaching party with written notice of such breach; and (c) either party may terminate this Agreement, effective immediately upon written notice to the other party, if the other party: (i) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law; (iii) makes or seeks to make a general assignment for the benefit of its creditors; or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. 14.4 Effect of Termination or Expiration. Upon any expiration or termination of this Agreement, except as expressly otherwise provided in this Agreement: (a) all rights, licenses, consents, and authorizations granted by either party to the other hereunder will immediately terminate; (b) we agree to immediately cease all use of any Customer Data or your Confidential Information and (i) promptly return to you, or at your written request destroy, all documents and tangible materials containing, reflecting, incorporating, or based on Customer Data or your Confidential Information; and (ii) subject to Section 14.5, permanently erase all Customer Data and your Confidential Information from all systems we directly or indirectly control; provided that, for clarity, our obligations under this Section 14.4(b) do not apply to any Resultant Data; (c) you agree to immediately cease all use of any Services or Provider Materials and (i) promptly return to us, or at our written request destroy, all documents and tangible materials containing, reflecting, incorporating, or based on any Provider Materials or our Confidential Information, and (ii) permanently erase all Provider Materials and our Confidential Information from all systems you directly or indirectly control; (d) notwithstanding anything to the contrary in this Agreement, with respect to information and materials then in its possession or control: (i) the Receiving Party may retain the Disclosing Party’s Confidential Information; (ii) we may retain Customer Data; and (iii) you may retain Provider Materials, in the case of each of subclause (i), (ii) and (iii), in its then current state and solely to the extent and for so long as required by applicable Law; (iv) we may also retain Customer Data in our backups, archives, and disaster recovery systems until such Customer Data is deleted in the ordinary course pursuant to Section 14.5; and (v) all information and materials described in this Section 14.4(d) will remain subject to all confidentiality, security, and other applicable requirements of this Agreement; (e) we may disable your and your Authorized User’s access to the Services and the Provider Materials; (f) if you terminate this Agreement pursuant to Section 14.3(b), you will be relieved of any obligation to pay any Fees attributable to the period after the effective date of such termination and we will refund to you Fees paid in advance for Services that we have not performed as of the effective date of termination; and (g) if we terminate this Agreement pursuant to Section 14.3(a) or Section 14.3(b), all Fees that would have become payable had the Agreement remained in effect until expiration of the Term will become immediately due and payable, and you agree to pay such Fees, together with all previously-accrued but not yet paid Fees on receipt of our invoice therefor. 129 WGI SaaS Agreement Rev.010218 14 14.5 Return of Customer Data. (a) During the Term. You may retrieve Customer Data at any time during the Term. (b) Upon Termination. We will not delete Customer Data for a period of 60 days following termination (the “Post - Termination Retention Period”). During the Post-Termination Retention Period you may retrieve Customer Data only if you have paid all amount due under this Agreement. We will make the Customer Data available to you in a non-proprietary format and assist you with retrieval during the Post-Termination Retention Period. You agree to pay our reasonable expenses, on a time and materials basis, for the assistance we provide in assisting you with retrieval of the Customer Data. WE HAVE NO OBLIGATION TO MAINTAIN THE CUSTOMER DATA BEYOND THE POST- TEMINATION RETENTION PERIOD, AND WE MAY THEREAFTER DELETE THE CUSTOMER DATA, UNLESS LEGALLY PROHIBITED FROM DOING SO, OR UNLESS AN EXTENSION OF THE POST-TERMINATION RETENTION PERIOD IS AGREED TO. Upon your request and provided that you have paid all amounts due under this Agreement, we may agree to a reasonable extension of the Post-Termination Retention Period. If we are legally prevented from deleting the Customer Data beyond the Post-Termination Retention Period you agree to pay all costs associated with continued storage until the Customer Data is either deleted or retrieved by you. 14.6 Surviving Terms. The provisions set forth in the following sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement: Section 3.1, Section 9, Section 11.4, Section 12, Section 13, Section 14.4, Section 14.5, this Section 14.6, and Section 15. 15. Miscellaneous. 15.1 Further Assurances. Upon a party’s reasonable request, the other party shall, at the requesting party’s sole cost and expense, execute and deliver all such documents and instruments, and take all such further actions, as may be necessary to give full effect to this Agreement. 15.2 Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. 15.3 Public Announcements. Neither party shall issue or release any announcement, statement, press release, or other publicity or marketing materials relating to this Agreement or, unless expressly permitted under this Agreement, otherwise use the other party’s trademarks, service marks, trade names, logos, domain names, or other indicia of source, association, or sponsorship, in each case, without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, that we may, without your consent, include or display your name, logo and other indicia in our lists of current or former customers in promotional and marketing materials. 15.4 Notices. Any notice, request, consent, claim, demand, waiver, or other communications under this Agreement have legal effect only if in writing and addressed to a party as follows (or to such other address or such other person that such party may designate from time to time in accordance with this Section 15.4): If to Provider: 415 Century Parkway, Allen, TX 75013 Facsimile: Email: Attention: If to Customer: [CUSTOMER ADDRESS] 130 WGI SaaS Agreement Rev.010218 15 Facsimile:[FAX NUMBER] Email: [EMAIL ADDRESS] Attention: [NAME AND TITLE OF INDIVIDUAL TO RECEIVE NOTICES] Notices sent in accordance with this Section 15.4 will be deemed effectively given: (a) when received, if delivered by hand, with signed confirmation of receipt; (b) when received, if sent by a nationally recognized overnight courier, signature required; (c) when sent, if by facsimile or email, (in each case, with confirmation of transmission), if sent during the addressee’s normal business hours, and on the next business day, if sent after the addressee’s normal business hours; and (d) on the third day after the date mailed by certified or registered mail, return receipt requested, postage prepaid. 15.5 Interpretation. For purposes of this Agreement: (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. Unless the context otherwise requires, references in this Agreement: (x) to sections, exhibits, schedules, and attachments mean the sections of, and exhibits, schedules, and attachments attached to, this Agreement; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, and attachments referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. 15.6 Headings. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement. 15.7 Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related exhibits, schedules, and attachments and any other documents incorporated herein by reference, the following order of precedence governs: (a) first, this Agreement, excluding its exhibits, schedules, and attachments; (b) second, the exhibits, schedules, and attachments to this Agreement as of the Effective Date; and (c) third, any other documents incorporated herein by reference. 15.8 Assignment. Neither party may assign or transfer this Agreement or its rights or obligations hereunder without the prior consent of the other party; provided, that we may assign or transfer this Agreement or any of our rights or obligations hereunder without your consent in connection with (a) the sale of all or substantially all of our stock or assets; (b) a merger or acquisition, whether we are the surviving or disappearing entity; (c) a corporate reorganization; or (d) transfer to a subsidiary or affiliate entity. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and permitted assigns. 15.9 Force Majeure. (a) No Breach or Default. In no event will either party be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any obligations to make payments), when and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or 131 WGI SaaS Agreement Rev.010218 16 slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation. Either party may terminate this Agreement if a Force Majeure Event affecting the other party continues substantially uninterrupted for a period of 30 days or more. (b) Affected Party Obligations. In the event of any failure or delay caused by a Force Majeure Event, the affected party shall give prompt written notice to the other party stating the period of time the occurrence is expected to continue and use commercially reasonable efforts to end the failure or delay and minimize the effects of such Force Majeure Event. 15.10 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 15.11 Amendment and Modification; Waiver. No amendment to or modification of or rescission, termination, or discharge of this Agreement is effective unless it is in writing and signed by each party. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 15.12 Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 15.13 U.S. Government Rights. The Services are provided to the U.S. government as “commercial items”, “commercial computer software”, commercial computer software documentation”, and “technical data”, with the same rights and restrictions generally applicable to the Services. If you are using the Services on behalf of the U.S. government and these terms fail to meet the U.S. government’s needs or are inconsistent in any respect with federal law, you agree to immediately discontinue use of the Services. The terms as “commercial items”, “commercial computer software”, commercial computer software documentation”, and “technical data” as used in this Section 15.13 have the same meaning as in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. 15.14 Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the state in which your principal headquarters is located. The United Nations Convention for International Sale of Goods does not apply to this Agreement. 15.15 Dispute Resolution. Any dispute or claim relating in any way to this Agreement, your use of the Services, or the Provider Materials will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. A party who intends to seek arbitration must first send to the other party a notice of dispute, which must include a description of the nature and basis of the claims that the party is asserting and the relief sought. If you and we are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or we may initiate arbitration proceedings. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim 132 WGI SaaS Agreement Rev.010218 17 to our registered agent Capitol Corporate Services, Inc., P.O. Box 1831, Austin, TX 78767. If we begin an arbitration proceeding, we will send notice to you at the address in Section 15.4. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules. Attorneys' fees and costs may be awarded by the arbitrator as provided by the AAA’s rules. Arbitration will be conducted in the city in which your principal headquarters office is located or another location that we mutually agree to. If the relief sought is $10,000 or less you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the arbitrator’s discretion to require an in-person hearing. WE AND YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER OR REPRESENTATIVE IN ANY PURPORTED CLASS, AND THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial. We and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of Intellectual Property Rights. 15.15 Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. [CUSTOMER NAME] WATCHGUARD, INC. By: By: Name Printed: Name Printed: Title: Title: 133 WGI SaaS Agreement Rev.010218 18 EXHIBIT A SERVICES, SERVICE ALLOCATION and FEES The Services: Cloud-based, software-as-a-service evidence management data storage platform using Microsoft Azure Government Cloud Storage services fully-hosted in one or more secure Microsoft data centers. Service Allocations and Fees: Plan I (Unlimited) Unlimited Storage available for customers with data retention policies as follows: • a one-year storage period for non-evidentiary recordings; • a 10-year storage period for evidentiary recordings; and • the video recording policy is event-based (i.e. policies that do not require officers to record entire shifts) For purposes of this Plan, the term “evidentiary recordings” refers to data having relevance to a legal trial or regulatory hearing. Plan costs are based on a per-device basis, which means that the Plan does not have a per- user fee, meaning that an unlimited number of users can access data using the Services. This Plan also features unlimited data sharing, using the Company’s CLOUD-SHARE on- premises software. Plan cost is based upon the customer’s choice of two options: (a) a per-device fee of $495 per contract year for assigned (i.e., individual use) devices, or (b) a per-device fee of $695 per contract year for pooled (i.e., shared) devices. There is also a $0.03 per GB per device per month for storage that does not meet these requirements. When the actual usage across all devices averages less than 700 GB per device over a contract year, at the end of each calendar year the customer will be rebated an amount equal to $0.03 per GB per month ($0.36 per GB per calendar year) for each GB under 700 GB actually used per device. The rebate is offered in cash or as a credit against future charges for the Services. Plan II (Actual Usage) Plan cost is based upon a per-device fee of $245 per calendar year for assigned (i.e., individual) devices, or $345 per device per calendar year for pooled (i.e., shared) devices, plus a flat fee of $0.03 per GB per device per month. There are no limitations on the number of users who may access data using the Services under this Plan. This Plan is available for both event-based and shift-based video recording policies. 134 WGI SaaS Agreement Rev.010218 19 EXHIBIT B Cloud Addendum (See attached) 135 WGV Equipment Sale Addendum to ESA v12.28.20 1 EXHIBIT B CONTRACTOR SOFTWARE LICENSE AGREEMENT This Exhibit B Contractor Software License Agreement ("Agreement") is between WatchGuard Video, Inc., (“Contractor"), and ______________________ (“Licensee”). For good and valuable consideration, the parties agree as follows: Section 1 DEFINITIONS 1.1 “Camera License Key” or “CLK” means an electronic key that will permit each license of Software to be used with license plate recognition (“LPR”) cameras obtained from Contractor. Each LPR camera must have a valid CLK. 1.2 “Designated Products” means products provided by Contractor to Licensee with which or for which the Software and Documentation is licensed for use. 1.3 “Documentation” means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 1.4 “Open Source Software” means software with either freely obtainable source code, license for modification, or permission for free distribution. 1.5 “Open Source Software License” means the terms or conditions under which the Open Source Software is licensed. 1.6 “Primary Agreement” means the Addendum to which this exhibit is attached. 1.7 “Security Vulnerability” means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged. 1.8 “Software” (i) means proprietary software in object code format, and adaptations, translations, de-compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Contractor; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Section 2 SCOPE Contractor and Licensee enter into this Agreement in connection with Contractor's delivery of certain proprietary software or products containing embedded or pre-loaded proprietary software, or both. This Agreement contains the terms and conditions of the license Contractor is providing to Licensee, and Licensee’s use of the proprietary software and affiliated documentation. Section 3 GRANT OF LICENSE 3.1. Subject to the provisions of this Agreement and the continued payment of applicable CLK fees, Contractor grants to Licensee during the Term of the Enterprise Software Agreement, a personal, limited, non-transferable (except as permitted in Section 7) and non-exclusive license under Contractor’s copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software 136 WGV Equipment Sale Addendum to ESA v12.28.20 2 to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code. Except with prior written approval from Contractor, Licensee may not use the Software on or in connection with any LPR cameras other than the Equipment purchased from Contractor. 3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee’s use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Contractor will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; and (ii) identify the Open Source Software (or specify where that license may be found). 3.3 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERSEDES THIS SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT. Section 4 LIMITATIONS ON USE 4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service Contractor," or "service bureau" basis or for any other similar commercial rental or sharing arrangement. 4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Contractor's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software. 4.3. Licensee must obtain a valid CLK for each LPR camera installed and considered in active service during the term of the Enterprise Software Agreement. Payment for the CLK must be received in advance, and will entitle Licensee to use the Software in connection with such camera. Unless otherwise provided in this Agreement, each CLK is good for one year. CLK’s shall not be issuable, and if issued in error shall be null and void, for cameras and other hardware components that are not Contractor-approved. 4.4 Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Contractor or an independent third party (“Auditor”) may inspect Licensee’s premises, books and records, upon reasonable 137 WGV Equipment Sale Addendum to ESA v12.28.20 3 prior notice to Licensee, during Licensee’s normal business hours and subject to Licensee's facility and security regulations. Contractor is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Contractor and the Auditor will be kept in strict confidence by Contractor and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. Section 5 OWNERSHIP AND TITLE Contractor, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Contractor or another party, or any improvements that result from Contractor’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Contractor in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Contractor, and Licensee will not have any shared development or other intellectual property rights. Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY 6.1. Unless otherwise stated in the Primary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Contractor's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Contractor warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Contractor solely with reference to the Documentation. Contractor does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. Contractor makes no representations or warranties with respect to any third party software included in the Software. Notwithstanding, any warranty provided by a copyright owner in its standard license terms will flow through to Licensee for third party software provided by Contractor. 6.2 Contractor’s sole obligation to Licensee and Licensee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Contractor cannot correct the defect within a reasonable time, then at Contractor’s option, Contractor will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee. 6.3. Warranty claims are described in the Primary Agreement. 6.4. The express warranties set forth in this Section 6 are in lieu of, and Contractor disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Contractor knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Contractor disclaims any warranty to any person other than Licensee with respect to the Software or Documentation. 138 WGV Equipment Sale Addendum to ESA v12.28.20 4 Section 7 TRANSFERS Licensee will not transfer the Software or Documentation to any third party without Contractor's prior written consent. Contractor’s consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. Section 8 TERM AND TERMINATION 8.1 Licensee’s right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the term of the Enterprise Software Agreement, provided that applicable CLK fees are received. 8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Contractor that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Contractor or destroyed by Licensee and are no longer in use by Licensee. 8.3 Licensee acknowledges that Contractor made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Contractor for which monetary damages would be inadequate. If Licensee breaches this Agreement, Contractor may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government). Section 9 COMMERCIAL COMPUTER SOFTWARE 9.1 This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of “commercial computer software” and “computer software documentation” as such terms are defined in 48 C.F.R. Part 252.227-7014(a)(1) and 48 C.F.R. Part 252.227-7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227-7015, 48 C.F.R. Part 227.7202-1 through 227.7202-4, 48 C.F.R. Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein. 9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in this Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection 9.2 may not otherwise use or transfer or make available any Contractor software to any third party nor permit any party to do so. Section 10 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Contractor’s valuable proprietary and Confidential Information and are Contractor’s trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply. Section 11 LIMITATION OF LIABILITY The Limitation of Liability provision is described in the Equipment Sale Addendum. 139 WGV Equipment Sale Addendum to ESA v12.28.20 5 Section 13 GENERAL 13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software. 13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Contractor and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement. 13.3. ASSIGNMENTS AND SUBCONTRACTING. Contractor may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee. 13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA. 13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Contractor and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement. 13.6. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement. 13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter. 13.8 SECURITY. Contractor uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Contractor will take the steps set forth in Section 6 of this Agreement. 140 CLOUD ADDENDUM EVIDENCELIBRARY.COM The following Cloud Addendum (the “Addendum”) is being provided as an Addendum and becomes a part of the Software as a Service Subscription Agreement for Evidencelibrary.com (the “Agreement”) and sets forth the cloud terms relating to Customer’s use of the Services thereunder. Provider If any term in this Addendum conflicts with a term in the main body of the Agreement, this Addendum will govern. 1. DATA STORAGE. Provider will determine, in its sole discretion, the location of the stored content for the Services, provided that all content for North American Customers will reside within North America and all content for U.S. government Customers will reside within the United States. 2. DATA RETRIEVAL. Evidencelibrary.com will leverage different types of storage to optimize the Services, as determined in Provider’s sole discretion. For multimedia data, such as videos, pictures, audio files, Provider will, in its sole discretion, determine the type of storage medium used to store the content. The type of storage and medium selected by Provider will determine the data retrieval speed. Access to content in archival storage may take up to 8 hours to be viewable. 3. API SUPPORT. Provider will use commercially reasonable efforts to maintain the Application Programming Interface (“API”) offered as part of the Services during the term of this Addendum. APIs will evolve and mature over time, requiring changes and updates. Previous versions of APIs will be supported for a minimum of a 6 month time period after new version is introduced. If support of the API is no longer a commercially reasonable option, Provider will provide reasonable advance notification to Customer. If an API presents a security risk to the Subscription Services or the Solution, Provider will discontinue an API without prior warning. 4. SERVICE LEVEL TARGETS. Commercially reasonable efforts will be made to provide monthly availability of 99.9% with the exception of maintenance windows. There are many factors beyond Provider’s control that may impact Provider’s ability to achieve this goal, including but not limited to a Force Majeure. Additionally, Provider will strive to meet the response time goals set forth in the table below. RESPONSE TIME GOALS SEVERITY LEVEL DEFINITION RESPONSE TIME 1 Total System Failure - occurs when the System is not functioning and there is no workaround; such as a Central Server is down or when the workflow of an entire agency is not functioning. This level is meant to represent a major issue that results in an unusable System, Subsystem, Product, or critical features. No work around or immediate solution is available. Telephone conference within 1 Hour of initial voice notification 141 2 Critical Failure - Critical process failure occurs when a crucial element in the System that does not prohibit continuance of basic operations is not functioning and there is usually no suitable work-around. Note that this may not be applicable to intermittent problems. This level is meant to represent a moderate issue that limits a Customer’s normal use of the System, Subsystem, Product or major non-critical features. Telephone conference within 3 Business Hours of initial voice notification during normal business hours 3 Non-Critical Failure - Non-Critical part or component failure occurs when a System component is not functioning, but the System is still useable for its intended purpose, or there is a reasonable workaround. This level is meant to represent a minor issue that does not preclude use of the System, Subsystem, Product, or critical features. Telephone conference within 6 Business Hours of initial notification during normal business hours 4 Inconvenience - An inconvenience occurs when System causes a minor disruption in the way tasks are performed but does not stop workflow. This level is meant to represent very minor issues, such as cosmetic issues, documentation errors, general usage questions, and product or System Update requests. Telephone conference within 2 Standard Business Days of initial notification 5. MAINTENANCE Scheduled maintenance of the Services will be performed periodically. Provider will make commercially reasonable efforts to notify customers a week in advance. Unscheduled and emergency maintenance may be required from time to time. Provider will make commercially reasonable efforts to notify customers of unscheduled or emergency maintenance 24 hours in advance. 6.5 Wi-Fi Network Requirements 6.5.1 If any of the below items apply, additional deployment services fees may apply: ● Customer's internet is through county/city IT, strict firewall policies, not able to install software on PC's ● Customer requires multiple upload locations through different internet providers at each site ● Customer has slow internet (<20MBps or higher for 4k video upload) ● Customer doesn't have Wi-Fi ● Customer doesn't use Google Chrome or uses Google Chrome but has conflicting Chrome extensions ● Customer requires multiple upload locations ● Customer has multicast disabled on their wireless network ● Customer wants to utilize MAC address filtering 6.5.2 The following are not supported: 142 ● Wi-Fi AP's do not support 802.11AC ● Customer AP does not support DNS-SD, and/or the Apple Bonjour suite 143