HomeMy Public PortalAboutPKT-CC-2011-02-22CITY OF MOAB
February 22, 2011
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
(217 East Center Street)
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
City of Moab - Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, February 22, 2011 at 7:00 p.m.
4111111111111111111111111111111111111111111111111111111111111111111
6:30 p.m. PRE -COUNCIL WORKSHOP
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
1-1 December 14, 2010
1-2 January 11, 2011
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3-2 Engineering Department
3-3 Planning Department
3-4 Police Department
3-5 Public Works Department
SECTION 4: NEW BUSINESS
4-1 Approval of Proposed Resolution #02-2011— A Resolution of the City of
Moab Amending the Fiscal Year 2010-2011 Annual Budget
4-2 Approval of a Special Business Event License for the Moab Valley
Multicultural Center to Conduct a Celebration of Motherhood on May 7,
2011 at Swanny City Park
4-3 Approval of a Request for Use of Swanny City Park by the Moab Valley
Multicultural Center on May 7, 2011
4-4 Approval of a Special Event License for Skinny Tire Festival to Conduct a Road
Cycling Event on March 11 to 15, 2011
4-5 Award of the Records Management and Field Reporting Systems Proposal
4-6 Approval of a Software License Agreement with FATPOT Technologies, LLC
for the Records Management and Field Reporting Systems Proposal
SECTION 5: READING OF CORRESPONDENCE
SECTION 6: ADMINISTRATIVE REPORTS
SECTION 7: REPORT ON CITY/COUNTY COOPERATION
SECTION 8: MAYOR AND COUNCIL REPORTS
SECTION 9: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 10: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting
should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three
(3) working days prior to the meeting. Check our website for updates at: www.moabcity.org
MOAB CITY COUNCIL
REGULAR MEETING
December 14, 2010
The Moab City Council held its Regular Meeting on the above date in the
Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council
Workshop to order at 5:30 PM. In attendance were Councilmembers
Kyle Bailey, Kirstin Peterson, Sarah Bauman and Gregg Stucki; City
Manager Donna Metzler and Deputy Recorder Beth Joseph.
The purpose of the Pre -council workshop was a Discussion with Grand
County School District Regarding Community Education Issues.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and Citizen B.D. Howard led in the Pledge of Allegiance. Twenty
nine (29) members of the audience were present. Also in attendance
were City Recorder/Assistant City Manager Rachel Ellison, Planning
Director Jeff Reinhart, Community Development Director David Olsen,
City Treasurer Jennie Ross, Public Works Director Jeff Foster, Police
Chief Mike Navarre and City Engineer Rebecca Andrus.
Councilmember Bailey moved to approve the Regular Council Meeting
minutes of October 26, and November 23, 2010. Councilmember Stucki
seconded the motion. The motion carried 4-0 aye.
Under Citizens to Be Heard, Logan Hansen introduced himself and the
group GRASP, which promotes sustainable business practices. Mr.
Hansen then introduced all of the members of the group.
Nick Oldroyd spoke on behalf of South Town Gym and was curious
about the award of the fitness equipment bid. Mr. Oldroyd stated that
he had been told by City employees that only minimal fitness equipment
would be purchased and now it appeared it was a lot more. Mr.
Oldroyd stated that he felt the City was competing with private
businesses.
REGULAR MEETING &
ATTENDANCE
WORKSHOP
CALL TO ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
Nathan Zaugg of MWH Americas Inc. made a presentation regarding the PRESENTATION
Wastewater Facilities Master Plan. Discussion followed.
Mayor Sakrison opened a public hearing on the Moab Wastewater
Facilities Master Plan at 8:17 PM.
Mark Sovine of the Grand Water and Sewer Service Agency stated that
he would like to see the Agency's role established before the Agency
gives their input on the Master Plan. Mr. Sovine inquired if it was a
capital facilities plan, what the capacity increase was versus the capital
improvements and what type of relationship is anticipated with the
Agency, and if this Master Plan anticipates a partnership between the
City and the Agency.
Kalen Jones stated that there may be some odor associated with using
water to recharge the wetlands and that he was glad that energy
efficiency was addressed. Mr. Jones stated that nutrients could absorb
carbon and that the adjacent property was available for expansion and
should be used for that purpose. Mr. Jones asked for two additional
weeks to submit comments on the Master Plan.
PUBLIC HEARING OPENED
PUBLIC COMMENT
December 14, 2010 Page 1 of 3
Liz Watner inquired how dewatering factored in to the overall budget.
Mayor Sakrison closed the public hearing at 8:32 PM.
A Community Development Department Update was not given.
Under Engineering Department Update, City Engineer Andrus stated
that she had met with the Utah Department of Transportation regarding
the pathway in the Highway 191 project and had reviewed design and
cost estimates. City Engineer Andrus stated that the pathway would
begin at Lions Park and extend to 500 West and that there was a need
for a safe pedestrian crossing at 500 West. City Engineer Andrus stated
that she was working on the Stewart Canyon Outfall project.
Under Planning Department Update, Planning Director Reinhart stated
that the Haciendas public improvements project was nearing
completion and that two Certificates of Occupancy had been issued.
Planning Director Reinhart stated that a lot of definition ordinances
would be coming in January.
A Police Department Update was not given.
Under Public Works Department Update, Public Works Director Foster
stated that concrete was complete on the Williams Way Repavement
project, the graffiti had been removed, and all that was left was the final
walk through. Public Works Director Foster stated that he was happy to
see the Haciendas project completed and that the Byrd subdivision was
close to being completed. Public Works Director Foster stated that staff
had been busy with Christmas Lights and the City Parade Float.
Councilmember Bailey moved to Award the Neptune ARB Meters Bid to
Grand Junction Pipe in the Amount of $30,475.60. Councilmember Stucki
seconded the motion. The motion carried 4-0 aye by a roll -call -vote.
Councilmember Bailey moved to approve Proposed Resolution #23-2010
—A Resolution of the Governing Body of the City of Moab Authorizing
Delinquent Terminated Utility Accounts to be Written Off of the
Accounting System. Councilmember Bauman seconded the motion.
The motion carried 4-0 aye by a roll -call -vote.
Councilmember Bailey moved to approve Councilmember Davis as the
Council Appointment as Mayor Pro-Tem for 2011. Councilmember
Bauman seconded the motion. The motion carried 4-0 aye.
Councilmember Bailey moved to approve Councilmember Peterson as
the Council Designation as Councilmember Responsible for Approving
Bills for 2011. Councilmember Bauman seconded the motion. The
motion carried 4-0 aye.
Councilmember Bauman moved to approve the Award of the MRAC
Fitness Equipment Proposal for the Purchase of Strength Equipment.
Councilmember Peterson seconded the motion. The motion carried 3-
2 aye with Councilmembers Bailey and Stucki voting nay and Mayor
Sakrison voting aye to break the tie vote.
Under Reading of Correspondence, Mayor Sakrison stated that he had
received a letter from the Utah Housing Authority.
Under Administrative Report, City Manager Metzler stated that the
PUBLIC HEARING CLOSED
COMMUNITY DEVELOPMENT
UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
NEPTUNE METERS BID
AWARDED
PROPOSED RESOLUTION #23-
2010, APPROVED
MAYOR PRO-TEM FOR 2011,
APPROVED
COUNCILMEMBER
RESPONSIBLE FOR APPROVING
CITY BILLS FOR 2011,
APPROVED
FITNESS EQUIPMENT
PROPOSAL AWARD, APPROVED
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORTS
December 14, 2010 Page 2 of 3
City's annual Christmas Party was scheduled for December 18 and that
Annual Visioning could potentially be on February 3 and 4, 2011.
A Report on City/County Cooperation was not given.
Under Mayor and Council Reports, Councilmember Bailey stated that
the hospital project had experienced a delay.
Councilmember Bauman stated that the Housing Authority of
Southeastern Utah was looking for a new board member.
Councilmember Peterson stated that she had attended a Water Shed
Council Meeting and the Water Shed Council would be conducting an
all day governance meeting on January 19, 2011.
Councilmember Stucki moved to pay the bills against the City of Moab
in the amount of $192,800.96. Councilmember Bailey seconded the
motion. The motion carried 4-0 aye by a roll -call -vote.
Mayor Sakrison adjourned the meeting at 9:02 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel Ellison
Mayor City Recorder
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
ADJOURNMENT
December 14, 2010 Page 3 of 3
MOAB CITY COUNCIL
REGULAR MEETING
January 11, 2011
The Moab City Council held its Regular Meeting on the above date in the
Council Chambers of Moab City Offices, located at 217 East Center
Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council
Workshop to order at 6:30 PM. In attendance were Councilmembers
Kyle Bailey, Kirstin Peterson, Sarah Bauman, Jeffrey Davis and Gregg
Stucki; City Manager Donna Metzler and City Recorder/Assistant City
Manager Rachel Ellison.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and led in the Pledge of Allegiance. Sixteen (16) members of the
audience were present. Also in attendance were Planning Director Jeff
Reinhart, City Treasurer Jennie Ross, Public Works Director Jeff Foster,
Police Chief Mike Navarre and City Engineer Rebecca Andrus.
There were no minutes to be approved.
There were no Citizens to Be Heard.
Under Community Development Department Update, Planning Director
Reinhart distributed a photo of a proposed trail system.
Under Engineering Department Update, City Engineer Andrus stated
that the process of selecting a contractor for the Solar Panels project
was under way and that she was working on the Riversands waterline
replacement project. City Engineer Andrus then stated that she had met
with the Utah Department of Transportation (UDOT) and Grand County
Engineer Mark Wright regarding the pathway in the Highway 191
project.
Under Planning Department Update, Planning Director Reinhart stated
that the Haciendas public improvements project was coming to a close
and that UDOT would be holding a workshop on inner-city bus service.
Planning Director Reinhart then reviewed the upcoming planning
commission meeting agenda.
A Police Department Update was not given.
Under Public Works Department Update, Public Works Director Foster
stated that the final walk through had been conducted for the Williams
Way Repavement project, that the Preserve Subdivision was almost
finalized and that staff had been busy with Christmas lights and snow
removal.
Mayor Sakrison awarded Elton Kunze-Jones with the Mayor's Student
Citizenship of the Month Award for December 2010 for Helen M. Knight
School and awarded Jessica Jones with the Mayor's Student Citizenship of
the Month Award for January 2011 for Helen M. Knight School.
Councilmember Davis moved to approve a Permanent Class III Beer
License for Melodie McCandless, d.b.a. Mc's on the Corner, Located at
495 West 400 North. Councilmember Bailey seconded the motion. The
motion carried 5-0 aye.
Councilmember Peterson moved to approve Local Consent for a Full
Service Restaurant License for the Peace Tree Juice Cafe, Inc. Located at
20 South Main Street. Councilmember Bailey seconded the motion. The
REGULAR MEETING &
ATTENDANCE
CALL TO ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
COMMUNITY DEVELOPMENT
UPDATE
ENGINEERING UPDATE
PLANNING UPDATE
POLICE UPDATE
PUBLIC WORKS UPDATE
STUDENT OF THE MONTH
CLASS II BEER LICENSE FOR
MELODIE MCCANDLESS,
APPROVED
LOCAL CONSENT FOR A FULL
SERVICE RESTAURANT LIQUOR
LICENSE FOR PEACE TREE JUICE
CAFE, APPROVED
January 11, 2011
Page 1 of 3
motion carried 4-0 aye.
Councilmember Bauman moved to approve a Special Event License for
Canyonlands Volleyball Tournaments to Conduct a Tournament on
Various Dates in January, February, March and April 2011.
Councilmember Peterson seconded the motion. The motion carried 5-0
aye.
Councilmember Bauman moved to approve Proposed Resolution #03-
2011— A Resolution Approving the Form of the Equipment Lease
Agreement with Zions First National Bank, Salt Lake City, Utah and
Finding that it is in the Best Interests of the City of Moab, Utah to Enter
into Said Agreement, and Authorizing the Execution and Delivery
Thereof. Councilmember Bailey seconded the motion. The motion
carried 3-2 aye by a roll -call -vote with Councilmembers Davis and Stucki
voing nay.
Councilmember Stucki moved to approve the Award of the City
Prosecutor Services Bid to Andrew Fitzgerald. Councilmember Davis
seconded the motion. The motion carried 5-0 aye by a roll -call -vote.
Councilmember Davis moved to approve the City Prosecutor Services
Contract. Councilmember Bauman seconded the motion. The motion
carried 5-0 aye.
Councilmember Peterson moved to approve Proposed Resolution #01-
2011—A Resolution Supporting Submittal of a Cost Sharing Proposal to
the Utah Department of Transportation for the US-191 Moab North
Corridor Storm Water Drainage System. Councilmember Stucki
seconded the motion. The motion carried 5-0 aye.
Councilmember Bailey moved to Send Proposed Ordinance #2011-03 —
An Ordinance Vacating in Part the Planned Unit Development Plat for the
Portal Park Subdivision P.U.D. and Rezoning Portion of the Subject
Property to the R-4 Zoning Designation to Public Hearing on February 8,
2011. Councilmember Peterson seconded the motion. The motion
carried 5-0 aye.
Councilmember Peterson moved to approve Proposed Ordinance #2011-
04 —An Ordinance Amending the City of Moab Municipal Code, Title
5.00, Business Licenses and Specifically Amending Chapter 5.04C.
Councilmember Bauman seconded the motion. The motion carried 5-0
aye.
Councilmember Stucki moved to refer Proposed Ordinance #2011-05 —
An Ordinance Amending Code Chapter 16.24.020, Design Standards
Specified, Detailing Required Connectivity of Trails and Walkways and
Establishing the Widths of Sidewalks in Each Zoning District back to the
Planning Commission. Councilmember Bailey seconded the motion. The
motion carried 5-0 aye.
Councilmember Stucki moved to Send Proposed Resolution #02-2011—A
Resolution of the City of Moab Amending the Fiscal Year 2010-2011
Annual Budget to Public Hearing on February 8, 2011. Councilmember
Davis seconded the motion. The motion carried 5-0 aye.
Councilmember Bauman moved to approve a Request by the Grand
County School District for a Waiver of Development Application Fees in
an Amount Not to Exceed $350.00. Councilmember Peterson seconded
the motion. The motion carried 5-0 aye by a roll -call -vote.
SPECIAL EVENT LICENSE FOR
CANYONLANDS VOLLEYBALL
TOURNAMENT, APPROVED
PROPOSED RESOLUTION #03-
2011, APPROVED
CITY PROSECUTOR BID,
APPROVED
CITY PROSECUTOR CONTRACT,
APPROVED
PROPOSED RESOLUTION #01-
2011, APPROVED
PROPOSED ORDINANCE#2011-
03 SENT TO PUBLIC HEARING
PROPOSED ORDINANCE#2011-
04, APPROVED
PROPOSED ORDINANCE#2011-
05 REFERRED BACK TO THE
PLANNING COMMISSION
PROPOSED RESOLUTION #02-
2011 SENT TO PUBLIC
HEARING
FEE WAIVER FOR GRAND
COUNTY SCHOOL DISTRICT,
APPROVED
January 11, 2011
Page 2 of 3
A Report on City/County Cooperation was not given.
Under Mayor and Council Reports, Councilmember Bailey stated that
the hospital project had experienced a delay.
Councilmember Bauman stated that she had attended a land trust
committee meeting as part of the affordable housing committee.
Councilmember Davis stated that he had attended a hearing at the
Grand Center on recent road closures.
Under Reading of Correspondence, Mayor Sakrison stated that he had
received a letter from the State of Utah Division of Natural Resources
thanking the City of Moab for their help in the search for the suspect in
the State Park Ranger shooting incident. Mayor Sakrison then stated
that he had received a letter from the Environmental Protection
Agency stating that our community would need to meet a new
requirement to keep our Green Power designation.
Under Administrative Reports, City Manager Metzler stated that the
Annual City Visioning workshops would be on February 2 and 3. City
Manager Metzler continued that staff were compiling comments for
the wastewater master plan and would schedule a workshop with the
Grand Water and Sewer Service Agency to discuss. City Manager
Metzler then stated that the Moab Recreation and Aquatic Center
(MRAC) was on schedule and would be completed by March 15, 2011.
Councilmember Peterson moved to pay the bills against the City of
Moab in the amount of $1,051,586.46. Councilmember Bauman
seconded the motion. The motion carried 5-0 aye by a roll -call -vote.
Mayor Sakrison adjourned the meeting at 8:10 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel Ellison
Mayor City Recorder
REPORT ON CITY/COUNTY
COOPERATION
MAYOR AND COUNCIL
REPORTS
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORTS
APPROVAL OF BILLS
ADJOURNMENT
January 11, 2011
Page 3 of 3
o,�
MOAB
City of Moab
Planning and Zoning Department
Correspondence
January 5, 2011
Memo To: Honorable Mayor and Members of Council
From: City Staff
Subject: FYI: Adoption of Ordinance #2011-03, an Ordinance Vacating a Portion of
Block 4 of the Portal Vista Planned Unit Development and Establishing
Details for the Ownership of Open Spaces and Access
Discussion
Staff is requesting that the adoption of Ordinance #2011-03 be postponed until the Council
meeting on March 8, 2011. The issues that were raised by members of the Portal Vista HOA are
being reviewed and have required a greater amount of time than anticipated. In an effort to
provide Council with the best information available, the additional time period is necessary.
p:\planning departmen112011\correspondence\p1-II-027 cc portalvista postponecity of moab.dccx
RESOLUTION # 02-2011
A RESOLUTION AMENDING THE FISCAL YEAR 2010/2011 BUDGET
WHEREAS, the City of Moab has proposed to amend the 2010/2011 fiscal year budget for the
various funds;
NOW, THEREFORE BE IT RESOLVED THAT THE 2010/2011 FISCAL YEAR BUDGET
SHALL BE AMENDED AS FOLLOWS:
Amended Fiscal Year 2010/2011 Budget
1. General Fund
2. CIass C Fund
3. Millcreek Project Fund
4. Capital Projects Fund
Amended Amended
Revenue Expenditures
$ 6,889,050 $ 6,889,050
$ 333,000 $ 333,000
$ 234,400 $ 234,400
$ 6,538,127 $ 6,538,127
2010/2011 Fiscal Year Budget Amendments
FUNDS REVENUES EXPENDITURES
GENERAL FUND $52,500 $52,500
EXPENSES
Recorder — Salaries & Wages 10-415-10 ($4, 000)
Recorder — Employee Benefits 10-415-13 ($6, 000)
Engineering— Benefits 10-419-13 $9, 000
Police — Overtime 10-421-15 $15, 000
Police — Other 10-421-35 $30,000
Police — Special Departmental 10-421-46 $7,500
Inspections — Prof & Tech Svc 10-424-31 $2,000
Animal Control — Salaries & Wages 10-426-10 $6,000
Highways — Salaries & Wages 10-440-10 ($3, 000)
Highways — Employee Benefits 10-415-13 ($4, 000)
REVENUES
Misc. State Grants 10-36-973 $22,500
General Fund Beg F. Balance 10-39-940 $30, 000
CLASS C $25,000 $25,000
EXPENSES
Class C — Special Projects 21-400-73 $25,000
Resolution 002-201 I
Page 1 of 2
REVENUES
Class C Transfer from B.O.Y. Reserve 21-39-561 $25, 000
MILLCREEK PROJECT FUND $41,600 $41,600
EXPENSES
Browning Rotary Musical Play Equip 28-400-50 $10, 000
Browning Trails Grant 28-400-51 $20, 000
Utah Trails 500 W. 28-400-04 $11,600
REVENUES
Future Grants 28-33-579 $30, 000
Millcreek Beg. Fund Bal. 28-39-210 $11,600
CAPITAL PROJECTS FUND $62,127 $62,127
EXPENSES
Aquatic Center Project 41-470-70 $62,127
REVENUES
Proceeds from Long Term Debt 41-36-165 $62,127
PASSED AND ADOPTED in open Council by a majority vote of the Governing Body
of the City of Moab this 22ND day of February, A.D., 2011.
David L. Sakrison
Mayor
ATTEST:
Rachel Ellison
City of Moab
Resolution 402-201 l Page 2 of 2
Due to keeping positions vacant, this line item will come in lower than
Highways
Employee Benefits
1041513
$ (4,000)
expected. (interdepartmental transfer)
TOTAL
$ 52,500
Mid -Year Budget Adjustments
Summary of Recommended Changes
2009-10 Fiscal Year Budget
Fund
v
Line Item
Line
Item #
Amount
Reason
Class C
Revenues
Beginning Fund Balance
2140073
$ 25,000
Sidewalk Improvement Funds from last fiscal year were not spent.
There are a number of small-scale sidewalk replacement and concrete
projects needed for this year.
TOTAL
$ 25,000
Expenditures
Special Projects
2139561
$ 25,000
Sidewalk Improvement Funds from last fiscal year were not spent.
There are a number of small-scale sidewalk replacement and concrete
projects needed for this year.
TOTAL
$ 25,000
Capital Projects
Revenues
Proceeds from Long Term Debt
4147070
$ 62,127
Proceeds from loan for fitness equipment
TOTAL
$ 62,127
Expenditures
Aquatic Center Project
4144072
$ 62,127
Payment for fitiness equipment
TOTAL
$ 62,127
Millcreek Project Fund
Revenues
Millcreek Beginning Fund Balance
2939210
$ 11,600
Funds from previous year were unexpended and need to be brought in
for the current year
Future Grants
2833579
$ 30,000
Browning Grant received for trail and playground equipment
TOTAL
$ 30,000
Expenditures
Browning Rotary Musical Play Equip
2840050
$ 10,000
Browning Grant received for trail and playground equipment
Browning Trails Grant
2840051
$ 20,000
Browning Grant received for trail and playground equipment
Utah Trails 500 W
2840004
$ 11,600
Funds from previous year were unexpended and need to be brought in
for the current year
TOTAL
$ 30,000
Mid -Year Budget Adjustments
Revised Summary of Recommended Changes
2010-11 Fiscal Year Budget
Line
Fund
Line item
Item #
Amount
Reason
General Fund
Revenues
Miscellaneous State Grants
1036973
$ 22,500
A state grant has been applied for to help offset costs for the staff
expenditures for the state parks employee incident. Any monies
received would be allocated to Police Salaries as shown below. A grant
has also been approved for the purchase of police department laptops as
provided for below
General Fund Beg. Fund Balance
1036160
$ 30,000
Grand County did not bill the City in a timely fashion for Police Dispatch
services in the last fiscal year. The City received a bill in the current
fiscal year for services rendered last year. Because the money was not
expended last year for this service, it was put into the General Fund
Balance. This money should be reallocated to the Police Other line item.
TOTAL
$ 52,500
Expenditures
Recorder
Salaries and Wages
1041510
$ (4,000)
Less funds have been spent on temporary employees than orginally
anticipated (interdeparmental transfer)
Recorder
Employee Benefits
10141513
$ (6,000)
Less funds have been spent for this line items than orginally anticipated
(interdepartmental transfer)
Engineering
Benefits
1041913
$ 9,000
This item was budgeted at a lower level because of different family
circumstances for employees in the department at the time the budget
was approved versus current family circumstances. (interdepartmental
transfer)
Police
Overtime
1042115
$ 15,000
A state grant has been applied for to help offset costs for the staff
expenditures for the state parks employee incident. Any monies
received would be allocated to this line item. (state grant to cover)
Police
Special Departmental
1042146
$ 7,500
A state grant has been approved for the purchase of replacement laptop
computers for police officers
Police
Other
1042135
$ 30,000
Grand County did not bill the City in a timely fashion for Police Dispatch
services in the last fiscal year. The City received a bill in the current
fiscal year for services rendered last year. Because the money was not
expended last year for this service, it was put into the General Fund
Balance. This money should be reallocated to this line item. (use of
General Fund Balance)
Inspections
Professional and Technical Services
1042431
$ 2,000
Because of an increase in the Grand County's budget for this item, this
line item will come in slightly higher than expected. (interdepartmental
transfer)
Animal Control
Salaries and Wages
1042610
$ 6,000
Due to higher than expected employee payouts, this item will come in
higher than orginally expected.
Highways
Salaries and Wages
1044010
$ (3,000)
Due to keeping positions vacant, this line item will come in lower than
expected. (interdepartmental transfer)
DATE PAID: 02-- ID l
AMOUNT PAID:4 F C i oc
RECEIPT NO.: 1-'1Z� l Q ri
CITY OF MOAB
SPEL'!AL BUSINESS EVENT LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 / FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
SPECIAL EVENT FEE:
PLUS (CHECK ONE):
El/TRANSIENT ($80):
OR
❑ CURRENT CITY DR
COUNTY LICENSE
(ATTACH COPY)
TOTAL FEES:
LICENSE #:
ZONE:
$80.00
(2(7C-)
e c,
NAME OF EVENT:
DESCRIPTION OF EVENT:
LOCATION OF EVENT:
PREMISES TO BE USED:
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TEMPORARY STRUCTURES TO BE USED (IF ANY):
DATE(S) AND TIME(S) OF EVENT: J A Ti.) J-I21, YI
ANTICIPATED ## OF EVENT PARTICIPANTS:y
TYPES OF VENDORS PARTICIPATING IN EVENT: f / p c ,��� ( IAi'--I A
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NLIMBFR OF VENDOR" 7.4RTICIPATING:
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EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES. RENTAL CHARGES, E (C.):
.5ClL//1ri 774/jALt
EVENT SPONSORS NAME: N%0/Vj I/AI ey / `L! ( 4:7Vi A4- K.
PHONE: Z57 Y Y y
SPONSOR'SADDRESS: I-S (. jreP k CITY: HO/}P3 STATE: Lf I • ZIP: F
SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY:
SPONSORS SOCIAL SECURITY NUMBER: UATE OF tSIRTH:
TYPE OF ORGANIZATION. O PROPRIETORSHIP 0 13h,2TNERSHIP O CORPORATION NJ- THER SPECIFY): /J ew - 7?- r p f r
EVENT SPONSORS SALES TAX ID #: IAME REGISTERED WITH THE STATE FOR TAX ID: /t I/1/4 ,i/A LLey /�u T /GV L j i
K A / (rr/4 r
THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE, THE ACTUAL LICENSE WILL BE 'SFr "?D AFTER CITY COUNCIL APPROVAL. IT IS
UNLAWFUL TO ENGAGE IN SUCH ACTI.."TY WITHIN THE Cr-Y WITHOUT FIRST OBTAINING A UCENSF r. I INF^f21.4AT10N MUST BE ACCURATELY COMPLETED OR
THE ISSUANCE OF A LICENSE WILL BE DELAYED.
INVE iLIOA'f j �/KA i J CCl/, C/ :./-TL(` HEREBY AGREE TG CONDUCT SAID BUSINESS STRLCTLY IN ACCORDANCE WITH THE MOAB CITY
PLEASE PRINT NAM IS)
BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDIN,ANrE:S AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE
INFORMATION CONTAINED HEREIN 1S TRUE. INVE UNDERSTANn i'HiS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION
AND APPLICANT (SPONSOINVE AGREE TO FILE THE PROPER REPORTS WITH ' IiE STATE OF UTAH.
State of Utah
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County of Grand ) /���%�
SUBCRIBED AND SWORN to before nle this � day of
OTARY PUB IC
2 l 6e� ..! �
FryNOTARY PUBLIC
MARYLOU LOPEZ
600325
COMMISSION EXPIRES
06/25/2014
STATE OF UTAH
SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT!
ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE.
ATTACH SITE PLAN FOR THE EVENT GROUNDS OF APPLICABLE).
ATTACH ADDITIONAL INFORMATION INDICATED BELOW:
LICENSE APPROVALS
CITY STAFF
❑ APPROVED
El DISAPPROVED
REASON(S):
LICENSE EXPIRATION DATE:
SIGNATURE OF CITY STAFF
MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO 0 YES
AGENDA DATE:
❑ APPROVED
❑ DISAPPROVED
REASON(S):
EVENT COST RECOVERY SURCHARGE:
SPECIAL CONDITIONS:
07/01 as
SPECIAL BUSINESS EVENT LIST OF VENDORS
(MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT)
5.09.030 Sales Tax Collection.
A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all
vendors either:
1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or
2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the
licensee's sales tax license.
NAME OF EVENT:
_s DATE(S) OF EVENT: _5iSTUKDA /� H.Ay
BUSINESS NAME
OWNER', ' AME, ADDRESS, PHONE #
ITEMS TO 9E SOLD
------
SSN ANMOR SALES I Ax.
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09/08/03
MOAB VALLEY MULTICULTURAL CENTER
Building bridges where language and culture are barriers
156 N. 100 W. P.O. Box 55, Moab, UT 84532
435-259-5444
December 1, 2010
To: Moab City Council
From: Kandee DeGraw, Executive Director
Zaida Winn, Office Manager and Event Coordinator
Moab Valley Multicultural Center
Subject: Play live music and sell food authorization
As part of our mission (Building Bridges Where Language and Cultures Are Barriers),
MVMC would like to host an event on Saturday, May 7th to celebrate Mother's Day and
we would like to have this event at Swanny Park from 4:00 to 10:00 p.m., including
clean up and tear down 2 - Midnight.
We will have a live band playing Mexican music, a D] and a performance by students
throughout the afternoon and evening. The music will be amplified, please advise, if a
separate form is needed.
We are planning to have approximately 300 to 500 people attending this event.
We will be selling food and beverage (non-alcoholic) as fundraiser for MVMC.
If you have any questions concerning this event, please feel free to contact Zaida Winn,
Communication & Event Coordinator of MVMC at 435-259-5444.
Thank you
Zaida Wi
Offices nager and Event Coordinator
Moab Valley Multicultural Center
DATE PAID: Q2 . R0 " �1
AMOUNT PAID, n
RECEIPT NO.: (-AS [ 1
cm( OF MOAB
SPECIAL EVENT LICENSE APPLICATION
217 EAST CENTER STREET
MOAB, UTAH 84532
(435) 259-5121 ! FAX (435) 259-4135
PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB
SPECIAL EVENT FEE: $80.00
LICENSE #:
ZONE: 7c
NAME OF EVENT:
sr--! N 1-1
DESCRIPTION OF EVENT:
LOCATION OF EVENT: PREMISES TO BE USED: Lc)R 8 L) Lac( v_lt(
A PH')
TEMPORARY STRUCTURES TO BE USED (IF ANY): 1NLO ail
1R RD NAT
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DATE(S) AND TIME(S) OF EVENT: MA ILC A I L — M5 ., 2,r; t f
ANTICIPATED # OF EVENT PARTICIPANTS:
Oa
EVENT SPONSORS NAME: P c„---e�� L `C }�
SPONSOR'S ADDRESS: ID O -5 9 3
SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY:
SPONSOR'S SOCIAL SECURITY NUMBER:
CITY: AiL U s)G
PHONE
STATE: 41 fS11LS3 7---
DATE OF BIRTH:
THIS FCRM iS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS
UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR
THE ISSUANCE OEA LICENSE WILL BE DELAYED.
IMlE
�f Zp�W
PLEASE PRIM NAME 51
HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB
CITY SPECIAL, EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF
LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FORTHF ABOVE MENTIONED
LOCATION A SPONSOR.
d
Signature 0 ensOr
State of Utah )
) SS
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Uata
County of Grand )
SUBCRIBED AND SWORN to before me this T day of �'����r„-� , U // .
NOTARY PUBLIC
lirardlAramarriMmiame
CARMELLA GALLEY
Notary Public I
State of Utah `
Comm. No. 576525
My Comm. Expires Sep 22, 2012
SEE BACK OF FORM FOR ADDITIONAL. REQUIREMENTS!
ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE).
ATTACH ADDITIONAL INFORMATION INDICATED BELOW:
LICENSE APPROVALS
CITY STAFF
❑ APPROVED
❑ DISAPPROVED
REASON(S):
LICENSE EXPIRATION DATE:
SIGNATURE OF CITY STAFF
MOAB CITY COUNCIL APPROVAL REQUIRED in NO ❑ YES
AGENDA DATE:
❑ APPROVED
❑ DISAPPROVED
REASON(S):
EVENT COST RECOVERY SURCHARGE:
SPECIAL CONDITIONS:
07101 /05
CITY OF MOAB
BUSINESS LICENSE
COMPLIANCE
FORM
217 E CENTER STREET
MOAB, UT 84532
PHONE: (435} 259-5121
FAX: {435} 259-4135
FOR ZONING OFFICE USE ONLY
PARKING:
MOAB CITY CODE:
SIGN PERMIT:
MOVED -ON NECESSARY:
O fC
❑ YES 71 No
REQUIRES PLANNING
COMMISSION APPROVAL ❑ YES ❑ No
REVIEWED BY
ZONING I J
ADMINISTRATOR:
IGNATURE
DATE:
2 -16 -2z5/I
NAME OF APPLICANT:
APPLICANTS (NAILING ADDRESS: 2-Sit � � ' 67-
0&
Si)r- WC{ C241 - feet �-) PHONE:
11 CITy; ("i 0 t-iU STATE: lam- f ZIP: e l s J 4--
BUSINESS NAME: SK-k n r^
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f I ip__Er u- ff e Q 5
BUSINESS LOCATION: M, Ok,(61
(A_.-r C z-Er� Ts 5 , 0,4- I3eiNOA_
7
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ZONE:
(20 a-4 CAJ Cj 1; n 5 res5- 170--{ 1
DETAILED DESCRIPTION OF BUSINESS ACTIVITY:
06/16/05
Michael Navarre, Chief of Police
MOAB CITY POLICE DEPARTMENT
217 East Center Street, Suite #130
Moab, Utah 84532
(435) 259-8938
FAX (435) 259-8915
MCPD-MEMO- 1 1 -02-03
Date: 02/18/2011
To: Moab City Council members
From: Navarre
Re: Bid proposal for records management system
We received only one bid proposal for our new records management system. This bid
proposal does meet our needs. I recommend that we purchase the RMS from, the
FATPOT company.
Thanks
CHIEF OF POLICE
FATPOT TECHNOLOGIES, LLC
Software License Agreement
City of Moab Utah Police Department
And
FATPOT Technologies, LLC
February 4th, 2011
1
TABLE OF CONTENTS
Section 1: Definitions 3
Section 2: The Software 4
Section 3: Warranty and Warranty Exclusions 6
Section 4: Software Upgrades and Maintenance 8
Section 5: Rights and Obligations 8
Section 6: General 9
Schedule A — Purchased Software / Purchased Training 13
Schedule B — Statement of Work 15
Schedule C — Project Pricing 16
Schedule D — Software Maintenance and Support Agreement 18
2
FATPOT Software License Agreement
This agreement (hereinafter Agreement) is made this February 4`h, 2011, by and between FATPOT
Technologies, LLC., a Utah company, located at 655 E. Medical Drive, Suite 100, Bountiful, Utah, 84010,
(hereinafter FATPOT), and City of Moab Utah Police Department, located at 217 East Center Street,
Moab, Utah 84532 (hereinafter "Licensee").
Recitals:
WHEREAS, FATPOT designs, develops, configures, licenses, and sells computer software
programs ("Software"), and is willing to license said Software to the Licensee for use and benefit of the
Licensee; and
WHEREAS, Licensee desires to procure license for use of the Software for the Licensee's current
and future information management systems;
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties
hereinafter set forth, FATPOT, its successors assigns, and the Licensee hereby wish to establish mutually
agreeable terms and conditions as follows:
Contract Documents:
The license and the services to be provided hereunder shall be governed by the terms and provisions of
this Agreement, all Schedules and Exhibits to this Agreement, and the respective provisions and
representations contained in the following documents, which are incorporated herein by reference, and
which together with the terms of this Agreement comprise the "Contract Documents":
• No other documents are included in this Agreement
In case of conflict between this Agreement and other contract documents, this Agreement shall supersede
and govern.
SECTION 1: DEFINITIONS.
When used herein, the following terms whether plural or singular, shall have the meaning set forth
below:
1.1 "Licensee" shall mean the specific entity contracted in this Agreement with FATPOT.
1.2 "Development" shall mean the creation of computer based, information management programs
and devices developed, designed, created, licensed, or sold by FATPOT and licensed to the
Licensee pursuant to this Agreement.
1.3 "Implementation" shall mean the point in time when the Software has been received by the
Licensee, and properly installed and meets current requirements for the Licensee, as outlined in
Schedule B, and has been inspected, installed and functions on the Licensee' network.
Orientation shall be completed and the Licensee representatives shall be adequately trained as
outlined in Schedule B in the use of the Software. Installation will be deemed complete upon Final
3
Acceptance by Licensee.
1.4 "Software" shall mean the FATPOT products in machine-readable code that are described in the
attached Schedule A, excluding source code or proprietary programs; however, including, but not
limited to:
(a) Any modifications, customizations, or enhancements made to the Software pursuant to the
Contract Documents and any subsequent modifications, corrections, updates, or revisions to
or new releases of the Software furnished to the Licensee by FATPOT, as long as invoices
are paid in full.
1.5 "Related Documentation" shall mean any human -readable program listings, flow charts input and
output forms, manuals, specifications, instructions, and other materials, and any copies of any of
the foregoing, in any medium, related to the Software and delivered to the Licensee in accordance
with the provisions of this Agreement.
1.6 "Additional Software" shall mean FATPOT Software products in machine-readable code, source
code, or other formats, that are not included and described in the attached Schedule A.
1.7 "Additional Software Customization" shall mean:
(a) Any modifications or additions to FATPOT Software that are not included and described in
Schedule A, which would be considered a revision to the Software described in Schedule A,
and
(b) is occurring at the request of the Licensee for use by Licensee and,
(c) was not originally a feature planned for release as a revision to FATPOT products to be
resold to customers other than the Licensee.
1.8 "Contract Documents" shall have the meaning set forth on the preceding page under the heading
"Contract Documents."
SECTION 2: THE SOFTWARE
2.1 License. FATPOT hereby grants to Licensee a perpetual, non-exclusive, non -transferable,
revocable, commercial limited rights license under FATPOT's copyrights in the Software to use the
Software as identified in Schedule A, and by this reference incorporated herein and made a part
hereof.
2.2 License Fee. The Licensee shall pay to FATPOT for the Software all license and maintenance
fee(s) set forth in the attached Schedule C. Payment of the license fee(s) shall be in accordance
with the terms set forth in Schedule C.
2.3 FATPOT Property. The Software, including without limitation, programs, related documentation,
and methods of processing, shall remain the sole and exclusive property of FATPOT and shall not
be sold or assigned by the Licensee to any person, company or institution whatsoever except as
4
set forth herein. Licensee acknowledges that all FATPOT products, proprietary data, know-how,
software, deliverables or other data or information obtained from FATPOT (collectively "Products")
delivered to Licensee by FATPOT hereunder, and all other information relating to the design,
development, configuration, use, installation, operation, and maintenance of the Software constitute
confidential and proprietary information of FATPOT (hereafter Confidential Information). Licensee
shall not duplicate, use other than in accordance with these terms and conditions, or disclose to
any third party, any Confidential Information without the prior written consent of FATPOT. Licensee
shall have no right to sublicense, transfer, or sell FATPOT Confidential Information to any third
party. Moreover, such Confidential Information shall be used by Licensee only for the purpose
specified in the Contract Documents. This paragraph applies whether such Confidential Information
is delivered to Licensee orally or in tangible form and without regard to whether it has been
identified or marked as Confidential Information.
2.4 Scope of License. The Software shall be used only for the processing of the Licensee's own
business, and not for any other agency, department, or jurisdiction except as may be specked in
the "Statement of Work" section of Schedule B. Licensee may make copies of the Software for test
instances, productions instances, back-up purposes and disaster recovery purposes.
2.5 Programming Language. The Software is written in specific programming languages, for use with
specific operating systems, and to be used on recommended hardware platforms. FATPOT shall
not be responsible for the performance of the Software when used with any operating system or
hardware which differs in any way from that approved by FATPOT.
2.6 Licensee Property. If included in Schedule C herein, all hardware or equipment purchased by the
Licensee in connection herewith shall be the sole and exclusive property and responsibility of the
Licensee.
2.7 Delivery. The Software shall be delivered and Implemented as listed in Schedule B. FATPOT shall
arrange and be responsible for the delivery and condition of the Software to the installation site(s)
designated by the Licensee.
2.8 Payment for Software, Training, and Implementation Services.
(a) Payment Terms. The Licensee shall pay FATPOT the Fixed Contract Price which is more
fully set forth in Schedule C.
(b) Freight and Taxes. Any applicable freight or taxes shall be paid by FATPOT.
(c) Labor. The total amount paid by the Licensee for Implementation services, in accordance
with Schedule C, shall not exceed the amount specified for the services in Schedule C,
unless additional services other than those services originally specified in this Agreement
are performed by FATPOT at the written request of the Licensee made pursuant to the
Change Order procedure set forth in the Statement of Work section of Schedule B.
2.9 Fixed Pricing. At any time during the thirty (30) days following the date of this Agreement,
FATPOT agrees to sell additional licenses to the Software to Licensee at the prices set forth in
Schedule C. Payment terms will be negotiated at the time additional licenses are purchased. Any
representations or warranties contained in this Agreement with respect to the Software, shall be
5
applicable to the additional licenses unless otherwise specified.
2.10 Software Customization. FATPOT agrees to consider Licensee requested Software Customization
which are in addition to those identified in the Contract Documents. Such Software Customizations
will be priced at a market rate and negotiated with the Licensee for the proposed Software
Customizations. The purchase price and payment terms for the Software Customizations will be
negotiated at the time the proposed customizations are purchased.
2.11 Additional Software. FATPOT agrees to sell to Licensee Additional Software at its then most
current prices. The purchase price for the Additional Software shall be payable in accordance with
the terms set forth in Schedule C. Any representations or warranties contained in this Agreement
with respect to the Software, shall be applicable to the additional Software unless otherwise
specified
2.12 License. License to the Software shall pass to the Licensee upon installation thereof and will
remain in force unless this Agreement is terminated.
2.13 Software Modification. In the event the Licensee wishes to modify the Software or use any non-
FATPOT feature, attachment, or device in relation to the Software, or any part thereof, it shall first
notify FATPOT in writing. Such notification may be effected through electronic forms such as E-
mail, where a history is produced which documents that communication has taken place between
FATPOT and Licensee. In addition, any modifications must be approved by FATPOT in writing to
the Licensee. Upon written approval by FATPOT, the parties agree the Licensee shall be entitled to
modify the Software installation, or install such attachment, feature or device without affecting
FATPOT's representations and warranties hereunder as to the original Software
SECTION 3: WARRANTY AND WARRANTY EXCLUSIONS
3.1 Warranty. FATPOT warrants that for a period of one (1) year, each Software module, including all
modifications, enhancements, and customizations made pursuant to this Agreement, will be free
from programming defects and the Software shall perform in accordance with the performance
specifications and functional requirements set forth in the Contract Documents. This warranty shall
commence upon Licensee's Final Acceptance of the Software and shall continue for one (1) year
thereafter. Software warranty will be extended for each additional year that annual maintenance
fees are paid in full. This warranty includes improvements and revisions to the Software listed in
Schedule A.
FATPOT shall repair or provide an equivalent replacement of any portion of the Software deemed
defective at no charge, including freight and handling fees, to the Licensee during this warranty
period. To effect such replacement, Licensee agrees to furnish FATPOT physical and remote
access to the Software and to the equipment on which the Software is installed. If FATPOT fails to
repair or replace any such Priority A deficiencies as defined in the Support Agreement section of
this document within a reasonable time, then Licensee may treat such failure as a breach of this
Agreement and Licensee may pursue its remedies under this Agreement and the law. In no event
shall a "reasonable period of time" as used in this section be more than thirty (30) business days.
6
Priority B deficiencies will be repaired or replaced in the timeframe as set forth in the Support
Agreement for Priority B deficiencies.
FATPOT warrants it is a limited liability company in good standing under the laws of the State of
Utah, is authorized to enter into this Agreement, and that the person signing this Agreement has
the power and authority to bind FATPOT. FATPOT warrants that it has the right to license the
Software and to customize, install, and implement the Software and to perform all services as set
forth in this Agreement. FATPOT warrants that the Software will not infringe upon any copyright,
patent, trade secret or other intellectual property, proprietary, or ownership interest or legal rights of
any third party.
3.2 Warranty Exclusions. The warranties provided by FATPOT under this Agreement do not include
the following services, unless otherwise agreed to in an amendment to this Agreement signed by
the Licensee and FATPOT.
a) Repair of damage or increase in service time caused by failure to continually provide a
suitable installation environment with all facilities prescribed by the applicable FATPOT
installation manual.
b) Repair of damage or increase in service time caused by use of the Software for purposes
other than those for which the Software was designed; or for neglect or misuse of the
Software or Software environment by the Licensee.
(c) Repair of FATPOT software bugs, failures, or anomalies resulting from changes in
hardware, software, or system configurations of Licensee system running FATPOT software,
including
(0 Operating system updates with the exception of critical security patches.
(ii) Software patches of vendor's software other than FATPOT's Software
(iii) Hardware -firmware and/or hardware -software upgrades or updates.
(d) Repair of damage caused by accident and/or disaster, which includes, but is not limited to:
fire, flood, water, wind, lightning, transportation difficulties beyond the control of the parties,
or force majeure.
(e) Repair of damage or replacement of parts caused by sabotage, neglect, or purposeful
misuse.
(f)
Inspection of altered equipment, repair of damage, or increase in service time caused by
alterations not authorized by FATPOT, which alterations include, but are not limited to, any
deviation from FATPOT Software, computer environment, or Software design as provided
for in Section 3. Service time and materials associated with the rearrangement, expanded
7
implementation or relocation of the program.
In no event shall either party be liable for any lost or anticipated profits, indirect, exemplary,
incidental, special, or consequential damages arising out of or otherwise relating to the use
or performance of the FATPOT Software, or any components thereof, including but not
limited to, delay of transmission, loss, data accuracy, or non -transmission of data, however
caused, or even if such party has been advised of the possibility or likelihood of such
damages.
SECTION 4: SOFTWARE UPGRADES AND MAINTENANCE
4.1 Upgrades and Maintenance. FATPOT agrees to provide the Licensee with all upgrades and
improvements made to the Software for the annual maintenance costs outlined in Schedule C for
the contract period. Any version update or release of the Software shall be accomplished through
manual installation, downloadable installation, automatic updates, electronic delivery, and/or the
transportation of magnetic media to the Licensee. Included with the release will be the description
of the change, documentation, and installation procedures. Full Licensee support will be provided
via the FATPOT Customer Support hot-line to insure proper implementation.
SECTION 5: RIGHTS AND OBLIGATIONS
5.1 Copyrights, Trademarks and Patents. The technology in the Software may be covered by U.S.
patents, or by U.S. and international patents pending. The Software, including without limitation any
images, animation, sound, music and text incorporated therein is the subject of U.S. and
international copyright protection, including a U.S. copyright registration. This Agreement grants the
Licensee no right, license, or interest of any kind in or to such copyrights, trademarks and patents,
and the Licensee agrees that the Licensee will assert no such right, license or interest or otherwise
challenge FATPOT's exclusive ownership of such copyrights, trademarks and patents.
5.2 Indemnification. FATPOT hereby indemnifies and holds harmless the Licensee, its officers,
employees, and agents, from and against any and all claims, causes of action, damages, liabilities,
settlements, costs and expenses (including reasonable attomey's fees), and demands (collectively,
"Claims") alleging the Software, as delivered to the Licensee infringes on any U.S. copyright,
patent, trade secret or other intellectual property, proprietary, or ownership interest or legal rights of
any third party. The Licensee shall permit FATPOT to replace or modify any affected component of
the Software in the Licensee' possession so as to avoid infringement, or to procure the right for the
Licensee to continue use of such Software (and in such case shall provide Licensee, at no charge,
with any reasonable training in connection with such modification or replacement). Any such
replacements shall be subject to approval of Licensee, which shall not be unreasonably withheld.
FATPOT shall not have obligation hereunder for or with respect to claims, actions or demands
alleging infringement that arise by reason of the combination of FATPOT's Software with any items
8
not supplied by FATPOT.
5.3 Support Service. FATPOT warrants that the Software is eligible for support serviced under
FATPOT's standard Maintenance Agreement as outlined in Schedule D. The fee(s) for
maintenance and support service shall be as defined in Schedule C. The Maintenance Agreement
and the maintenance period shall commence one year from the date of this Agreement.
5.4 Compliance with Laws and Regulations. FATPOT shall comply with current Software regulations
and provisions with its Software in the design, manufacture, sales, pricing and delivery of the
Software, including all laws prohibiting discrimination in employment to the extent that such laws
pertain to FATPOT.
5.5 Term and Termination.
(a) Term. This Agreement shall become effective upon execution of this Agreement by and
between FATPOT and the Licensee and shall be in full force and effect in accordance with
and subject to the terms hereof unless and until terminated.
(b) Termination for Cause. In the event either party breaches or fails to observe or perform any
provisions of this Agreement, and if such default is not cured within thirty (30) days after the
non -defaulting party gives the defaulting parry written notice thereof, the party not in default
may terminate this Agreement upon written notification to the defaulting party. In the event
the Licensee terminates this Agreement for cause, Licensee may pursue any rights or
remedies available to it, including the option of completing by itself or by contracting with
other sources, the services, software, and equipment to be provided under this Agreement
on terms and conditions the Licensee deems appropriate.
(c)
Right to Data Upon Termination. Licensee shall maintain ownership and all right, title, and
custody to and of the data accumulated by its use of the Software ("Licensee Data") and all
access, right, title, custody, and ownership of and to Licensee Data shall remain in Licensee
upon termination of this agreement. Upon termination of this Agreement, FATPOT shall
cease any use of Licensee Data and all other records, data, and information belonging to
Licensee, and shall return to Licensee any and all Licensee Data and any other Licensee
records, data, and information and shall erase, delete, or destroy all Licensee Data and any
other Licensee records, data, and information. FATPOT shall not retain any copies of
Licensee Data or any other Licensee records, data, and information. Upon request,
FATPOT shall provide to Licensee written certification of such destruction. These
restrictions on use of Licensee Data or any other Licensee records, data, and information
and FATPOT's obligations under this section shall survive the termination of this Agreement.
FATPOT shall not copy, transfer, assign, or release any Licensee Data without Licensee's
express written consent.
SECTION 6: GENERAL
6.1 Force Majeure. Neither party hereto shall be responsible for any failure or delaying the
performance of any obligation hereunder if such failure or delay is due to a cause beyond the
9
party's control, including, but not limited to acts of God, flood, fire, water, or governmental acts.
6.2 Notices and Requests. All notices and requests in connection with this Agreement shall be given
or made upon the respective parties in writing and shall be deemed to be given as the day such
notices or request is deposited in the U.S. mails, postage prepaid, certified or registered, return
receipt requested, addressed as follows:
Licensee: City of Moab Utah Police Department
Attention: Chief Mike NaVarre
217 East Center Street
Moab, Utah 84532
FATPOT: FATPOT Technologies, LLC
Attn: Erik B. Cooley
655 Medical Drive — Suite 100
Bountiful, Utah 84010
Or to such address as either party designates by written notice to the other.
6.3 Entire Agreement. Each party acknowledges that it has read this Agreement, understands it, and
agrees to be bound by its terms and conditions of the Contract Documents including the attached
Schedules A, B, C, and D.
Both parties acknowledge that the Contract Documents define the complete and exclusive
statement of the Agreement between the parties. This Agreement supersedes and merges all prior
proposals, understandings and all other Agreements, oral and written between the parties relating
to the subject matter of this Agreement and may not be modified or altered except by a written
instrument duly executed by both parties.
6.4 Governing Law. This Agreement and performance hereunder shall be governed by and construed
in accordance with the laws of the State of Utah.
6.5 Enforceability. If any provision in this Agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be
affected or impaired thereby.
6.6 No Waiver. The failure of either party to exercise in any respect any right provided for herein shall
not be deemed a waiver of any right hereunder.
6.7 Assignment. This Agreement and the rights and duties hereunder shall not be assignable by the
parties hereto except upon written consent of the other party.
6.8 Export Compliance Assurance. Licensee acknowledges that all FATPOT Products are subject to
the United States (U.S.) Government export control laws accordingly their use, export and re-export
may be restricted or prohibited. Government restrictions are implemented principally through the
Export Administration Regulations ("EAR", 15 C.F.R. §§ 730 et seq., available at
10
http://www.bis.doc.gov/ ) administered by Department of Commerce, Bureau of Industry and
Security, the International Traffic in Arms Regulations ("ITAR", 22 C.F.R. §§ 120 et seq., available
at http://pmddtc.state.gov/) administered by the Department of State, Directorate of Defense Trade
Controls, and the Foreign Asset Control Regulations administered by the Department of Treasury,
Office of Foreign Assets Control ("OFAC", 30 C.F.R. §§ 500 et. seq., available at
http://www.treas.00v/offices/enforcement/ofac/). Licensee, therefore, agrees that neither it nor its
subsidiaries or affiliates will directly or indirectly export, re-export, transfer, or release, or cause to
be exported or re-exported (herein referred to as "export"), any such Products or any direct Product
thereof to any destination or entity prohibited or restricted under U.S. law including but not limited to
Government embargoed or sanctioned countries or entities, unless it shall obtain prior to export an
authorization from the applicable Government agency either in writing or as provided by applicable
regulation. The Government maintains embargoes or sanctions against the countries listed in
the EAR, Country Groups E:1/2 to Part 740, Supplement 1. The current list of embargoed or
sanctioned countries consists of Cuba, Iran, North Korea, Sudan, and Syria. This list is amended
by the Government from time to time and all such amendments shall be applicable to this
Agreement. To the extent such Products are subject to National Security controls, Licensee also
agrees that, unless authorized by U.S. law (either by regulation, specific written authorization, or
qualification for an applicable license exception, such as License Exception ENC), it shall not
knowingly export, directly or indirectly, any of the Products, or the direct product thereof, to any
country or nationals thereof listed in Country Group D:1 in Supplement No. 1 to Part 740 of the
EAR, as the same may be amended from time to time. Unless otherwise authorized by U.S. export
control laws or by applicable authorization from the proper Government agency, the Licensee
further agrees that no Products received from FATPOT will be directly or indirectly employed in
missile technology, sensitive nuclear, or chemical biological weapons end uses or in any manner
transferred to any party for any such end use. Furthermore, Licensee agrees not to export Products
listed in EAR Supplement No. 2 to Part 744 for military end -uses in the People's Republic of China
as defined in the EAR Part 744.21. Licensee also agrees to comply with all trade laws applicable in
other country jurisdictions as they pertain to import, use, export or distribution. The terms of this
Export Compliance Assurance shall survive and continue in effect upon termination of these terms
and conditions.
Licensee acknowledges that other country jurisdictions may have trade laws as they pertain to
import, use, export, or distribution of Items that are the responsibility of the Licensee.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement by their duly authorized
representative.
Licensee FATPOT Technologies, LLC
Signature Signature
Printed Name Printed Name
Title Title
Date Date
12
Schedule A — Purchased Software / Purchased Training
Purchased Software
The Software products listed below under Application Software are included in the Fixed Contract Price as
set forth in Schedule C.
Application Software
System Components
PortaIONETm System Server
• Records System Server Component
• Server Installation (included at no charge)
FATPOTTm Records Management & Field Reporting System
• Inquiries — Into BCI / State Link
• Daily Log — track and stat officer activities and reports
• Reporting —fully automated reporting suite including citation, DUI, accident,
crime, field contact and officer information reports
• Investigator — case and investigation management
• Records — real-time view of all record and report information
• Evidence — evidence handling and management
• Web-Analytics — real-time on demand statistical reporting package
PortaIONETm Client Users Licenses
• Price includes a total of 20 users
Client Installation and Training
• Complete system installation and agency training on complete system
13
Purchased Training
The FATPOT model for end user training is the agency trainer / super -user model. This model requires
expertise in the Software by agency identified superusers who have been trained and certified by
FATPOT, who then train agency user personnel in the proper use of the Software. The table below
indicates training classes, training timeframes, class duration, class quantity, and class capacity.
Course Description
Duration
Capacity
Quantity
FATPOT RMS / Reporting System
Superuser training
7 Hours
5
1
Go -live training (End users)
7 Hours
20
1
FATPOT Administration Training —
3 Hours
5
1
FATPOT Licensed Software training will be delivered by FATPOT and eFORCE technical training staff.
The location(s) will be chosen by the Licensee. This training will take place at chosen dates and times in
association with the installation processes. The Training program shall include all aspects of the system
described in the Contract Documents.
Reasonable ongoing support to supplement the training sessions is anticipated. However, if additional
training classes are requested by the Licensee which are over and above the contracted amount,
FATPOT personnel will be available for consultation, remote connection, or for on -site deployment for
additional in-house training as necessary. Pricing for additional training sessions requested by the
Licensee will be negotiated at reasonable and appropriate rates.
14
Schedule B — Statement of Work
The following items constitute the work which will be performed by FATPOT for the deployment of the
Software listed in Schedule A.
Work items include:
• Install FATPOT Software Server - RMS
• Assist Licensee technical personnel with install of FATPOT Mobile Clients
• Perform Unit Test / System Test
• Configure state link into BC!
• Configure picklists
• Configure Review Chains
• Train Users
• System Go -Live
• System Fine Tuning
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Schedule C — Project Pricing
Information below outlines the fees set forth for the licensing, implementation, training, and ongoing
annual maintenance of the Software. The information below also summarizes the pricing and payment
terms.
System Components
Price
PortaIONETm System Server
$15,000
• Records System Server Component
• Server Installation (included at no charge)
FATPOTTm Records Management & Field Reporting System
$30,000
• Inquiries — Into BCI / State Link
• Daily Log — track and stat officer activities and reports
• Reporting — fully automated reporting suite including citation,
DUI, accident, crime, field contact and officer information reports
• Investigator — case and investigation management
• Records — real-time view of all record and report information
• Evidence — evidence handling and management
• Web-Analytics — real-time on demand statistical reporting
package
PortaIONETm Client Users Licenses
$5,000
• Price includes a total of 20 users
Client Installation and Training
$5,000
• Complete system installation and agency training on complete
system
Annual Maintenance
$10,000
• To be paid annually with first payment beginning one year after
software installation
PortaIONETm RMS Total Purchase Price
$55,000
Payment Terms:
• Entire purchase amount is due upon the execution of this Agreement
Notes:
• No other services, applications or hardware are included
16
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F A T P O T T e c h n o l o g i e s d o e s n o t w a r r a n t y t h i r d p a r t y p r o d u c t s o r s e r v i c e s .
M a i n t e n a n c e F e e s
M a i n t e n a n c e f e e s s h a l l b e p a i d a n n u a l l y w i t h t h e f i r s t p a y m e n t d u e o n e y e a r f r o m t h e d a t e o f t h i s
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b e l o w . A n n u a l m a i n t e n a n c e c o s t s i n c r e a s e b y 3 % e v e r y y e a r . A l l u p g r a d e s a n d n e w f e a t u r e r e l e a s e s f o r
t h e l i c e n s e d S o f t w a r e a r e i n c l u d e d i n t h e a n n u a l m a i n t e n a n c e .
F i r s t Y e a r W a r r a n t y I n c l u d e d
2 n d Y e a r ' s A n n u a l M a i n t e n a n c e $ 1 0 , 0 0 0
3 r d Y e a r ' s A n n u a l M a i n t e n a n c e $ 1 0 , 3 0 0
4 t h Y e a r s A n n u a l M a i n t e n a n c e $ 1 0 , 6 0 9
5 t h Y e a r s A n n u a l M a i n t e n a n c e $ 1 0 , 9 2 7
1 7
Schedule D — Software Maintenance and Support Agreement
FATPOT Software Maintenance Agreement
This Software Maintenance Agreement is entered into between FATPOT Technologies, LLC., (hereinafter
FATPOT) and Moab City Utah Police Department, located at 217 East Center Street Moab, Utah 84532,
(hereinafter "Licensee").
Capitalized terms not defined herein shall have the meaning set forth in the FATPOT Software License
Agreement dated February 4th, 2011. This Maintenance Agreement is for the FATPOT Software products
more fully described in Schedule A of the Software License Agreement.
WHEREAS, FATPOT, has supplied the Software and Support Materials identified in Schedule A of the
FATPOT Software License Agreement, and WHEREAS, Licensee has evaluated the Software and has
purchased license(s) to use the system; and WHEREAS, Licensee wishes to engage FATPOT to perform
various maintenance services in connection with the Software and Support Materials and FATPOT
desires to provide such maintenance services; and
WHEREAS, Licensee has executed the FATPOT Software License Agreement for the Software; and
NOW THEREFORE, in consideration of the mutual promises and agreements set forth in this
Maintenance Agreement, FATPOT and Licensee agree as follows:
1. Maintenance Services
In accordance with the terms of this Maintenance Agreement, FATPOT will furnish the support and or
error -correction services identified in the FATPOT Support Agreement as the "Services" and shall provide
such software support and maintenance as may be necessary to maintain the Software in good operating
condition and to meet the warranties set forth in the Contract Documents.
FATPOT shall make available to Licensee all updates, enhancements, bug fixes, new releases, and
modifications developed by FATPOT for the Software as well as updates to documentation and technical
specifications reflecting such updates, enhancements, bug fixes, new releases, and modifications. All
enhancements and customizations described in the Agreement (and any enhancements and
customizations subsequently acquired by Licensee from FATPOT) shall be incorporated within the new
releases provided to Licensee and Licensee shall not be required to retrofit any of the customizations with
the new releases.
Maintenance of third party software is not included in this Maintenance Agreement.
2. Maintenance Fee and Expenses
During the one-year Warranty Period set forth in Section 3.1 of the Agreement, FATPOT shall provide
maintenance and support Services as set forth in Schedule D at no charge. Licensee will pay FATPOT
the Annual Maintenance Fee set forth in Schedule C within thirty (30) days of the one (1) year anniversary
of Final Acceptance of the Software and each year thereafter for which Licensee desires the maintenance
service.
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3. Term and Termination
(a) Term. This Maintenance Agreement shall commence upon Final Acceptance of Software and continue
for an initial one (1) year period defined as the "Initial Term". The Initial Term constitutes the warranty
period and will be included at no charge to Licensee. This Maintenance Agreement shall thereafter
automatically renew for further terms of one (1) year unless otherwise terminated by either party giving to
the other not less than thirty (30) days' written notice such termination prior to any anniversary of the
commencement date of the Initial Term.
(b) Termination. This Maintenance Agreement shall terminate (i) immediately upon termination of
Licensee's right to use the Software; (ii) upon thirty (30) days advance written notice if the other party has
breached this Maintenance Agreement and has not cured such breach within such notice period; or (iii)
upon non -renewal, whereby Licensee provides to FATPOT written notice of non -renewal and termination
not less than thirty (30) days prior to any anniversary of the commencement date of the Initial Term.
In the event a party materially breaches any of the terms, conditions, warranties or representations set
forth in this Maintenance Agreement, the other party may, at its option, notify the noncomplying party of its
intention to terminate this Maintenance Agreement. The notice of the intended termination shall be written
and shall specify the breaches, violations, and deficiencies that must be corrected. Except as provided
elsewhere in this Maintenance Agreement, the noncomplying party shall have thirty (30) days from receipt
of the notice to cure such breach. Should the noncomplying party fail to cure such breach, the other party
shall then have the right to terminate this Maintenance Agreement for cause by giving written notice to the
noncomplying party of such termination and specifying the effective date of such termination.
4. Warranty and Remedies
FATPOT warrants that all maintenance and support provided under this Maintenance Agreement shall be
provided by qualified, trained individuals in a professional and workmanlike manner consistent with
industry standards and in accordance with the terms, specifications, and requirements of this Maintenance
Agreement and the Contract Documents. Further, FATPOT makes the warranties set forth in the warranty
provisions of the FATPOT Software License Agreement, which are incorporated herein by this reference,
provided that: (a) the Software has not been modified, changed, or altered by anyone other than FATPOT
without prior consent of FATPOT ; (b) the operating environment, including both hardware and systems
software, meets FATPOT's recommended specifications; (c) the computer hardware is in good
operational order and is installed in a suitable operating environment; (d) Licensee promptly notifies
FATPOT of its need for service; (e) Licensee provides reasonable troubleshooting information and access
so that FATPOT can identify and address problems; and (f) all fees due to FATPOT have been paid.
EXCEPT AS EXPRESSLY STATED HEREIN, FATPOT MAKES NO OTHER WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, THIS
MAINTENANCE AGREEMENT, AND THE SERVICES TO BE PROVIDED UNDER IT, INCLUDING BUT
NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING
OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FATPOT OR ITS AUTHORIZED
REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
ANY WARRANTY PROVIDED HEREIN. All repairs or deficiencies noted by Licensee shall be reported to
FATPOT and shall be repaired or replaced by FATPOT without any charge whatsoever to Licensee and
within a reasonable period of time. In the event that FATPOT fails to repair or replace Priority A
deficiencies within a reasonable time after notification, Licensee may treat such failure as a breach of this
Maintenance Agreement and the Licensee may pursue its remedies under this Agreement and the law. In
19
I .O
no event shall a "reasonable period of time" as used in this section be more than thirty (30) business days.
Priority B deficiencies will be repaired or replaced in the timeframe as set for in this Agreement.
LICENSEE ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES SHALL FATPOT
BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO LICENSEE IN AN AMOUNT THAT
COLLECTIVELY EXCEEDS THE ANNUAL MAINTENANCE FEE. BOTH PARTIES ACKNOWLEDGE
AND AGREE THAT NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL DAMAGES OR
SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE
OR INABILITY TO USE THE SOFTWARE EVEN IF THE OTHER PARTY'S PERSONNEL HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FATPOT agrees to defend, indemnify and hold harmless Licensee, its officers, agents, and employees
from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind
and description (including death), or damages to persons or property arising out of or in connection with or
occurring during the course of this Maintenance Agreement where such liability is founded upon or grows
out of the acts or omissions of the officers, employees, or agents of FATPOT.
5. Recipient Support
The level of support that FATPOT can deliver is dependent upon the cooperation of Licensee and the
quantity of information that Licensee can provide. If FATPOT cannot reproduce a problem or if Licensee
cannot successfully gather adequate troubleshooting information or reproduce the problem in Licensee's
environment, FATPOT may need temporary login access on Licensee's system to identify and address
the problem.
6. Recipient Responsibility
Except as provided in Section 2.1 of the Agreement, Licensee shall not distribute the Software to any third
party. Licensee shall not make any modifications to the Software, unless otherwise allowed under the
License Agreement. If Licensee is allowed to make modifications under such License Agreement,
FATPOT shall not be responsible for maintaining Licensee modified portions of the Software or for
maintaining portions of the Software affected by Licensee modified portions of the Software. Upon
Licensee's prior written approval, corrections for difficulties or defects traceable to Licensee's errors or
systems changes shall be billed at FATPOT's standard time charges as described in the FATPOT Support
Agreement.
7. Right to Work Product
All error corrections, enhancements, new releases, and any other work product created by FATPOT in
connection with the support services provided under this Maintenance Agreement ("Work Product") are
and shall remain the exclusive property of FATPOT, regardless of whether Licensee, its employees, or
agents may have contributed to the conception, joined in its development, or paid FATPOT for the
development or use of the Work Product. Such Work Product shall be considered Software, and subject to
the terms and conditions contained herein and in the License Agreement.
8. General
(a) Each party acknowledges that this Maintenance Agreement and the Contract Documents are the
complete and exclusive statement of the agreement between the parties, which supersedes and merges
all prior proposals, understandings and all other agreement, oral and written, between the parties relating
20
to this Maintenance Agreement. This Maintenance Agreement may not be modified or altered except by a
written instrument duly executed by both parties.
(b) This Maintenance Agreement and performance hereunder shall be governed by and construed in
accordance with the laws of the State of Utah without regard to its conflict of laws rules.
(c) If any provision of this Maintenance Agreement shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired
thereby.
(d) Neither party may subcontract, assign, or transfer its rights, duties or obligations under this
Maintenance Agreement to any person or entity, in whole or in part, without the prior written consent of the
other party.
(e) The waiver or failure of either party to exercise in any respect any right provided for herein shall not be
deemed a waiver of any further right hereunder.
(f) The FATPOT Support Agreement attached hereto is a part of and is hereby incorporated in this
Maintenance Agreement.
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FATPOT Support
The Software covered by this Support Agreement is described in Schedule A of this Agreement. The
manuals, handbooks, and other written materials furnished by FATPOT for use with the Software (the
"Documentation") are:
• FATPOT Mobile System User's Manual (Electronic)
• FATPOT System Administrator's Manual (Electronic)
• Network Diagrams and Training Materials (Supplied as necessary)
Support Policy Descriptions
In accordance with the terms of this Support Agreement, FATPOT will furnish the following support
services (the "Services") for the Software.
Services
FATPOT will staff an authorized support center with technicians certified in the Software product. The
center will be accessible as indicated in the Fee Assessment Table listed below. FATPOT shall allocate
the necessary resources to resolve each reported issue or problem in an expeditious manner.
Tech Support
Level 1 Tech Support — Level 1 Tech Support is provided by Licensee in-house tech support designee.
This is a person or persons who reside in the Licensee organization that is properly certified by FATPOT
in the Licensed Software to respond to the basic questions and needs of personnel of the Licensee
organization.
Level 2 Tech Support — Level 2 Tech Support is call -in support to FATPOT's in-house tech support
organization. This will cover updates to drivers, patches etc. as well as online tech support and phone
support. Level 2 Tech Support is staffed from 7:30 a.m. to 5:30 p.m. MST Monday through Friday but is
available 24 hours per day, seven days per week.
Level 3 Tech Support — Level 3 Tech Support is defined as support that is beyond what is normally
appropriate for "over the phone" tech support calls. These support incidents are a result of major system
failure. Level 3 Maintenance has two sub -levels. In the event a situation cannot be resolved within a 60-
minute timeframe under Level 2 Tech Support, then an escalation procedure is engaged within 4 hours to
move the problem to a higher priority Level 3 Support. Level 3 Support drives the engagement of
development engineers for problem resolution. This escalation is triggered by either duration of time (60
minutes) or severity of issue. In the event of a major system failure, Level 3 Support is immediately
provided. Level 2 and Level 3 Support consist of bug tracking procedures whether severity 1, 2, or 3,
such that bug patches can be immediately released and resolved in future product upgrades and updates.
22
Fee Assessment Table
Service Description
Annual Cost
Hourly Cost
Term
Level 2 Support — Business Hours
Included
Included
Level 2 Support — 24 Hour Coverage
Included
Included
Level 3 Support Telephone
Included
Included
As needed
Level 3 Support - On -site Engineer
Included
Included
As needed
Licensee shall pay the cost of Level 3 Telephone or On -Site support if it is determined that the support
problems were the result of Licensee induced system corruption or alteration to Licensed Software. In
such event, FATPOT shall provided support under this Agreement at the hourly rate of $150 per hour or
daily rate of $1,200 per day plus expenses.
Hotline Support for contacting FATPOT
FATPOT will provide the following communication mechanisms for Licensee to use when seeking support
as defined above:
(a) Telephone Support. FATPOT shall maintain a telephone hotline during regular business hours
(7:30 AM to 5:30 PM Monday -Friday MST) to assist Licensee in reporting errors and in providing
Level 2 Support in the use and operation of the Software.
(b) 24 Hour Telephone Support. FATPOT shall maintain a 24 hour/ seven days/ week telephone
service point to assist Licensee in reporting errors and in providing Level 2 first -line support in the
repair and operation of the Software.
(c) Online Ticket Submission / Community Website and Help System / Internet Email.
FATPOT shall maintain an ongoing online ticketing / bug reporting system which will allow
immediate logging of software issues and feature requests. FATPOT will also maintain an email
system for the express purpose of providing contracted Level 2 Support. This email address is also
managed by "trouble ticket" software which tracks problem progress on an incident by incident
basis in order to ensure a timely turn -around for Licensee.
Limitations on Hot-line support
Licensee agrees that its point of contact for maintenance and support of the Software will be to follow the
Levels 1-3 protocol as outlined above, and that the Licensee will be limited to 12 designated employees of
Licensee at any one time, who will act as support liaisons between FATPOT and Licensee, and that
hotline support services for the Software subject to this Support Agreement will be available to Licensee
through electronic mail communication or by telephone.
23
1` I D
Timeliness of Incident Resolution
FATPOT shall provide modifications or additions to correct errors in the Software reported by Licensee.
Upon receipt of notice of an error, FATPOT will assign a priority level as determined by the Licensee to
the error according to the following criteria:
Priority A — An error that results in the Software being substantially or completely nonfunctional or
inoperative.
Priority B — An error that results in the Software operating or performing other than as represented in the
Related Documentation or Contract Documents, but which does not have a material adverse impact on
the performance of the Software.
FATPOT will use its best efforts to correct the error or provide a work -around solution for each priority
level and, if a work -around is the immediate solution, will use its best efforts to provide a final resolution of
the error. FATPOT will respond to the incident within the following time frames after receiving notice and
sufficient information and support from the Licensee:
Priority Level
Temporary Correction or Work
Around
If Work Around, Final
Resolution
A
48 Hours
Priority 1- ASAP
B
7 Business Days
45 Business Days
FATPOT reserves the right to implement final resolution of solutions for Priority Level B errors in
conjunction with regularly scheduled software deployments. FATPOT shall be responsible for providing
technical support and correcting errors for the most recent release of the Software provided to Licensee;
additionally, FATPOT shall continue to support the two (2) immediately prior releases for a reasonable
period, not to exceed eighteen 18 months.
FATPOT Support facility for software is located in Bountiful, Utah, USA.
Commencement Date: Services under this Support Agreement shall begin on Final Acceptance of the
FATPOT Software implementation.
24
P
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS MAINTENANCE AGREEMENT,
UNDERSTANDS IT, AND AGREES TO BE LEGALLY BOUND BY IT.
WHEREFORE, the parties have caused this Maintenance Agreement to be executed by their duly
authorized representatives.
Licensee FATPOT Technologies, LLC
Signature Signature
Printed Name Printed Name
Title Title
Date Date
25