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HomeMy Public PortalAboutORD15876 BILL NO. 2018-099 SPONSORED BY Councilman Graham ORDINANCE NO. I5 0'710 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $22,000 AGREEMENT WITH RAVE MOBILITY FOR THE PURCHASE OF RAVE MOBILITY AND A FIFTY PERCENT COST SHARE WITH COLE COUNTY. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk were previously authorized and directed to execute an agreement with Rave Mobility for the mass notification system in the amount of $22,000. Funding for this procurement will come from Sales Tax "G" account number 45-990-575009. County of Cole agrees to pay 50% of the total cost. Section 2. The Agreement attached hereto as Exhibit A shall replace the Agreement approved by the Council under Ordinance 15858. The Agreement with Rave Mobility shall be substantially the same in form and content as that agreement attached hereto as Attachment 1, which the Mayor and City Clerk are authorized to execute. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: i 2 OI Approved: 19 • 23/c)0 ,9 04.1vvi t g t u 1*, f k Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City erk City you .elor Attachment 1 CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and e ntered into the date last executed by a party as indicated below, by and between t h e City of Jefferson, a municipal corporation of the State of Misso uri, h ereinafter referred to as the "City", with offices at Police D epartment, 401 Momoe St reet, J effe rson City, Missouri, 65101, a nd Rave Mobil e Safety, hereinafter referred to as the "Contractor", with offices at 492 Old Connecticut P ath, Framingham, Massachusetts, 01510. WITNESSETH: THAT WHEREAS , t he City desires to e ngage the Contractor to render certain technical and professional services for a mass n otifi cation system, hereinafter describe d in Exhibit A. WHEREAS, Contractor has m a de certain representations and statements to the City with respect to t he provision of such services and the City has accepted said proposal to enter into a co n tract with the Co ntractor for t h e performance of ser vices by the Co n t r actor. NOW THEREFORE , for the considerations here in expressed, it is agreed by a nd b etwe e n the City and t h e Contractor as follows: 1. Scope of Services. The City agrees to engage the se r vices of t he Contractor to render certain t ec hnical and professional services for a mass notification system , hereinafter describ ed in Exhibit A a nd Exhibit B, the t e rms of which are h ereby incorporated by refer en ce. In the event of a conflict betw ee n this agree m e n t and any attach e d exhibits, the provisions of this agree ment s hall gove rn and prevail. 2. Co mpe n sation. The City agrees to pay the Contractor for professional services r e nde red under this contract: 1 st Year -$22,000.00 2nd Year -$20,000.00 3rd Yea r -$20,000.00 4th Year -$20,000.00 5th Yea r-$20,000.00 No ch a n ge in co mpensation sh a ll b e made unless there is a s ubsta ntial and significant difference betwee n the work originally conte mplated by this agreement and the work actually r equired. 3 . Term. Co ntractor agrees with t h e City to install t he mass notification system within sixty (60) days of t h e last date of exec ution of this agreement, indicated below. The term of this agreement s h all be one year and s hall co mmence on t h e first day Contractor begins installation of the mass notification system pursuant to this agreement. Contractor shall give notice to the Chief of Police (with a copy to the City Counselor, 320 E. McCarty, Jefferson City, Missouri 65101) of the date of commencement of s uch installation. Contractor also agrees with the City to provide ongoing support and maintenance throughout the term of the Contract. This agreement shall automatically r enew for four (4) additional one (1) year renewal periods unless the City provides Contractor a written notice of non-renewal at least thirty (30) days prior to the first day of a r enewal period. 4. Additional Services. The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of s uch work d oes not exceed the total cost allowance as specified in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and shall be accepted and countersigned by the Contractor or its agreed representatives. 5 . Existing Data. All information , data a nd reports as are existing, available and nece ssary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be lia ble for the accuracy of the information furnis h ed by the City. 6. Personnel to be Provided. The Contractor r epr esents that Contractor has or will secure at its expense a ll personnel required to perform the service s called for under this co ntract by the Contractor. Such personnel shall not be emp loy ees of or have a n y contractual relation ship with the City exce pt as e mployees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all personnel engaged in the work s hall be fully qualified and shall be a uthorize d under state and local law to perform such services. None of the work or services cove red by this contract s hall be s ubcontracted except as provided in Exhibit A without the written approval of the City. 7. Failure to Perform. Cancellation. If, throug h any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor s hall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of s uch termination and specify ing the effective date thereof, at least five (5) days before the effective day of such termination. The Contractor may without cause terminate this contract upon 30 days prior written notice. In either s uch event a ll finished or unfinis h ed documents, data, studies, s urveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this contract shall, at the option of the City, 2 become its prope rty, and the co mp e nsa tion for a ny satisfactory work co mpleted on such do c um e nts and other m a t e rials s h all be d e t ermined. Notwithstanding the a bov e, the Co ntractor s h a ll n ot be relieved of liability to the City for damages sustained by t he City by vi rtue of a ny such breach of contract by the Contractor. 8. As s ignment. The Contractor shall not assign any interest in this contract, and sha ll not transfer a n y inte r est in the same (wheth er by assignment or no vation), without prior written consent of the City thereto. Any such assignment is expressly subject to a ll rights and reme die s of the Ci ty under this agreement, including the right to ch ange or delete activities from the contract or to terminate the same as provided herein, and n o s uch assignment shall r equire the City to give any notice to any s uch assi gnee of any action s which the City may take under t his agreement, though City will attempt t o so notify any such assi gnee. 9. Confidentialitv. Any r e p or ts, data or s imilar information given to or prepared or assembled by the Co ntractor under t h is contract which the City requests to b e k e pt as confidential shall not be m ade ava ilable to a n y individual or organization by the Contractor without prior written approval of the City. 10. Nondisc rimination. The Contractor agrees in the performance of the co ntract n ot to dis criminate on th e grounds or because of race, creed, co lor, national origin or ancestry, sex , religion, handicap, age or political affiliation, against any e mployee of co n s ulta nt or a pplicant for e mploym e nt and s hall include a similar provision in a ll s ubco ntracts let or awarded h e r e under. 11. Independ e nt Contracto r. The Contractor is an indepe nden t contractor and nothing h er e in shall constitute or designate t he Contractor or a n y of its e mployees as agents or e mployees of the City. 12. Be n efit s not Available . The Contractor s hall not b e entitled to any of t h e be n efits established for the e mploye es of the City a nd shall not be cove r ed by t he Workmen's Co mpe n sation Prog r am of the City. 13. Lia bility. The parties mutua lly agree to the following: a . In no eve nt shall e ithe r party be liable to the other party for specia l, indirect, or co n sequ ential damages, except those directly or a pproximately ca u sed by s u ch party a rising out of or in a ny way co nnected with this contract. b. The Contractor s h a ll inde mnify a nd hold the City harmless from and against all claims, losses and li a bilities arising out of personal injuries, including d eath , a nd damages to property to the exten t ca u sed b y a n y 3 grossly negligent act or omission on the part of the Contractor related to the services performed under this contract. 14. Insurance. Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, a nd unless otherwise approved by the City, with a rating by Best of not less than "A," that shall protect the Contractor, the City, and the City's officials, officers, and employees from claims which may arise from operations under this agreement, whether such operations are by the Contractor, its officers, directors, employees and agents, or a ny subcontractors of Contractor. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Contractor operations, products, services or use of automobiles, or construction equipment at a limit of $500,000 Each Occurrence , $3,000,000 Annual Aggregate; provided that nothing herein shall be deemed a waiver of the City's sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and policies shall be written so as to include the requirements for notice of cancellation or non-renewal in accordance with applicable state insurance laws. Within five (5) business days of receipt of any notice of cancellation or non-renewal of insurance, Contractor s hall provide City with a copy of any such notice received from an insurer together with proof of replacement coverage that complies with the insurance requirements of this agreement .. 15. Do cume nts. Reproducible copies of tracings and maps prepare d or obtained under the terms of this contract shall be delivered upon request to and become the property of the City upon termination or completion of work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this contract shall be made available, upon request , to the City without restrictions or limitations on their use.· When such copies are requested, the City agrees to pay the Contractor its costs of copying a nd delivering same. 16. No n so licitation. The Contractor warrants that they had not employed or retained a ny company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price or co nsideration, or otherwise r ecove r the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 4 17. Book s and Records. The Contractor and all subcontractors shall maintain all books, documents, papers, acco unting records and oth e r evidence p e r taining to costs incurred in co nnection with t his contract, and s hall make such materials available at their respective offices at all reasonable times during the contract and for a period of three (3) years following completion of the contract. 18. Delays. That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Contractor be liab le for indirect or consequential d a mages. 19 . Illegal Immigration. Prior to commencement of the work: a. Contractor shall, by swo rn affidavit and provision of documentation, affirm its e nrollme nt a nd participation in a federal work a uthorization program with r espect to the employees working in connection with the co ntracted servic es. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the co ntracted services. c. If Contractor is a sole proprietors hip , partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner. 20. Juris diction and Venue. This contract shall be construed in accordance with the laws of the State of Missouri and any dispute between the parties shall have a venue in t he Circuit Court of Cole County MissouTi or the United States District Court, District of Western Missouri, without frrst resort to arbitration or m ediation. 21. Notices . All notices required or permitted here inunder and r e quired to be in writing may b e given by first class mail addressed to the Jeffe r so n City Police Department, 401 Monroe Street, J efferson City, Missouri, 65101, and Rave Mobile Safety, 492 Old Connecticut Path, Framingham, Massachusetts, 01510. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. 5 CITY OF JEFFERSON, MISSOURI RAVE MOB E SAFETY ea/V1-4-e / 'I- Carrie Tergin, Mayor Title: �M'� r� C,. Pr%�ce, C r p Date: 2-311 Date:4/Std ATTEST: ATTEST: / - r .41/1 ayte OV�.1 ity Cler Y - Title: y 100614. a061 -1 CorNrrxG� SCilata APPROVED AS TO FORM: City o selor 6 EXl·iiBIT A Please llst the revised pricing (includes all info rmation in the original request and the additional 9-1-1 Integration requested herein) for your firm's Best and Final Offer. 21. REQUEST FOR PROPOSAL PRICING FORMS A. Prlolng Requ ired Modules Provide pricing for all required modules Included in th& proposed solution as they relate to the required modules Indicated in the RFP . Pricing shall include licensing struc ture and costs . #of user Price per Module Price licenses Additional In clude In ,~:~rrce user license Rave Alert $5,000 .00 Unlimited N/A Rave Smart911 Su ite $1S,OOO.OO 4 PSAP Seats $3,750.00/ PSAP Seat REVISED Total Required Modules Price $20,000.00 per year Optional Modules Provide pridng for all optional modules Included In the proposed solut ion . tlof user Price· per Module Price licenses Additional Include In prl ce user license REVIS ED Tota l OPtional Modules Price $ Alternate Modules Provide prlclnit for all alternate modules lnclvo'ecl ln the proposed solution. tfof user Price per Module Pr ice Licenses Additional Include In price User license REVISED TOTAL AlTERNATE MODULES PRICE $ REVISED TOTAL (I:XCLUDING OPTIONS) $ $20,000.00 per year B. PRICING -IMPLEMENTATtON St:RVICES Project Management All work done remotely II of trips on-site N/A It of days dedicated to Imp lementation Total price for Tmplementatlon proJect management $2,000.00 Total travel and per diem estimate Not necessary ($2,400.00 upon reQuest) REVISED TOTAL IMPLEMENTATION COSTS $2,000.00 C, PRICING-TRAINING Training wlll be required and scheduled during the hours of 8:00a.m. to 5:00p.m. Monday h hf ld t roug r ay. Admlnfstratlve Training N/A It of training days on -sit e N/A It of classes Unlimited It of training hours · remote Total travel and per diem estimate $0.00 Total price (or administrative trilln1ng $o.ao REVISED SUBTOTAL $ End U$er Training Each module Included in the proposal must have at least one correspond Ina trolnlng course. N/A t1 of training days on·slte 1 #of classes 1 hour 11 of training hours -remote Total travel and per diem estimate $0.00 Total prlce for administrative tra ining s REVISED SUSTOTAl $0.00 REVISED TOTAL TRAINING COSTS $0.00 D. PRICfNG-SUPPORT/MAINTENANCf Tr<~l nlng wil l be requlred and scheduled during the hours of 8:00a.m. to 5 ~00 p.m. Monday through Friday. STATE THE REV.SED AMOUNT STANDARD BUSINESS SUPPORT HOURS 24/7 SUPPORT Included Included First Year Support (12 months) Included included Second Year Support Included Included Third Year Support rncluded Included Fou rth Year support included lntluded Firth Year Support E. PRICING ·SUMMARY COST SECTION PRICE Total Modules (e xcluding options) $20,000.00 Implementation Services $2,000 Training so 1'1 Year Support so REViStD GRAND TOTAL $22.,000 Year 1 I cer tify that all pr icin g has been disclosed in detail and that pricing listed is all Inclusive. The re ar e no undisclosed e xpenses . The prices contained In this proposal are firm for _2.Q_ days (no less than 90 days). Are the Items manufactured, produced or assembled In the Un ited States? Yes L No Do you represent a disadvantaged business enterprise? Yes_ No ..X.. Do you represent a woman owned business enterprise? Yes_ No~ Total time to complete this project as specified _1Q_ days from date of award. NAME OF COMPANY Rave Mobile Safety AGENT AND TITLE Ryan Camilleri-Account EKecutfve ADDRESS 492 Old Connecticut Path. Fram ingham, MA 01510 TELEPHONE 508-532-8917 !?-, TC )!...ATE 8/27/2018 AUTHORIZED SIGNATURE _ ___,(Ltlo4"'1_,_.-..'--I_'-~I-'--------- Form of Business: _Sola Proprietorship _Partnership .X. Corporation _limited llablllty Corporation PROPOS A L O F SER VICE Rave 91 "I Suite C~ty of Jef·ferson, ~"\nO Sales Contact: Ryan Camilleri E: rcamilleri@ravemobilesafety.com P: 508-532-8917 RAVE WtR=:L:oS S. INC. • PROPfHETARY AND CONFIDENTIAL Rave 911 Suite Overview Rave 911 Suite helps 9 -·1-1 call takers and first responders make faster, better decisions , shorten response times, and save lives. Rave 911 Suite is trus1ed by thousands oi 9-1-1 centers and first responders nationwide. Comprehensive Comn1unity l nforrnation and Communications Platform Helps protect first responders - improves situationa l awareness with information about people and fac ilities when they need it most. Responsive to vulnerab l e populations-better understand and serve your community members with access or functional needs. Advances community oriented policing-promotes and encourages positive 9-1-1 . law enforcement, community, and media interactions. RAVE MOUILC SAFETY Emb races mob ile technology- reduces 9-1 -1 mobile l ocation issues and provides al te rnatives for dropped 9-1 -1 calls and unnecessary dispatch to accidental dials. Trusted public safety platform - Rave 911 Suite pro tects millions every day and integ r ates with Rave A!ertl'·' emergency notifica tion sys tem and Rave Panic Button n.l to provide your community with a wide range of alerts and notifications. Rt,VE WIREU::SS. INC. • PROPRIETARY AND COHFIDENTIAL • 2 The Rave 911 Suite allows m em bers of the co mmunity to register and provid e infor matio n about themselves, the ir family members, the ir homes and workplaces, m edical conditions, and other pertinent information through Smart91 '1®. Additionally, tl1e Rav e 911 Suite provides other powerful capabilities to positively impact emergency call handling and response, i ncluding: ~~~-'~ti': Facilities create pr ofiles containing floor plans, key l1o lder, ·~·~· 0 '~~i Facilities alarm , and Hazmat information , gate/access codes, points of ~du o • c .. cont act, A EDs , and more. Profiles automatica ll y display during D Cl a : ~ ., ·'"':;fl ?'';'~ 9-1-1 calls and are searchab le by authorized users A llows te lecommunicators to initiate 2-way text message rY sessions with any mob ile cal ler regardless of registration with (·.: '.{;.' Chat Rave 9'11 Suite. Enhances communication capabilities when ~~ ~··. callers are non-ve rbal or when calls are abandoned, •':.:. '• . .:'&..· ... ·~ . .,. facilitating a n enhanced response. i!~ Gives PSAPs and first responders access to a 9-1-·1 ca ll er's ; • ! ·:~ Smart911® profile: fa mily member info , pho tos, medical conditions , ' 0 ~ ~~ l ., Profiles disabilities, exact addresses, even pet information, to make ~~./ . •. informed dispatch decisions. '_'.'iii· ~-·~j Create, annotate , and share secure notes for any te lephone s ~' Notes number to provide information on prank cal lers, NS I phones, '· . ~ :~. frequent fliers , transfer h istories, and drop ped calls. " ' l'-~-~~F*.· ~~· P'': ' '·''·"~ ~ Mapping of All location, and an y reg istered residential, work, ~~ Locations or other addresses. Enhanced, GPS-Ieve l location through ~~" .. · Rap idSOS, when 9-1-1 is accessed from an enabled wireless :i.'!k·4t~1 device. Ra ve 911 Suite provides access to Rave Panic Button data. twi Dramatically reduces response t ime fo r 9-1 -1, faci lity . Rave Panic ~~ Button Data personnel, and first responders. Rave Panic Button instantly ~~ A cce ss alerts 9-1-1 and on-site personnel -speeding up emergency ' procedures. Campus layout and details are shared with fi rst responders and 9-1-1. ~"W~·-;~ Provide additional data sources to your ca ll takers and firs t :.J .:.s:. ,,...,,. ~~ Rave respond e rs. Rave Connect lets PSAPs aggregate and Connec t rr.~ automatica ll y securely deliver addi ti on a l data to {r.;~~ 'I .. .a.· telecommunicators fr om approved third party sources. -, ... ;'\'>Yo-*~' D P.s an optional add -on , Rave A lert is the on ly emergency . ~-< Rave Alert notification system that is fully integra ted with th e Rave 911 Suite . RAVE r.tO tl ll t! S /,f ET Y RAV !: MOBILE SAFEiY · PROPR IETARY AND CONFIDENTIAL • 3 How Rave 911 Suite Works Profile Da ta Provided before an emerg en cy Calle r C<Jff s during a non-emergency -----------·· Rave Database Re lays caller pro fi le d ala aulomalf ca lly \'nth calf Call Center Cull lakers sec profile wlih Rave softw8 1C Responders Receive profile dala on mobi l e devices Facilities and Residents build their Safety Profile on a secure and pri v ate data repos itory , registering the life-saving information they want to mal<e available to 9 -1-1 in the case of an emergency. When the user initiates a 9-1 -1 call from a registered phone number, the data automatically disp lays on the ca ll ta kers w ork stat ion . he lping th em respond more quick ly and effectively. RAVE M O II I lC ~A rt r v HAVE MO BILE SAFETY · PROPR IE Tt\RY A ND CONF IDEN TI AL • 4 Scope of Services ---------·--------------------------·--·---·-···- A summary of the components of the Rave 911 Suite being delivered and the services involved in a deployment follows. Rave 911 Suite Components > Smart911.com citizen registration portal Hosted, secure web site enabling citizens to register and maintain their profile -Unlimited citizens can register and manage their profiles at no cost > Ravefaclllty.com registration portal. -Hosted, secure web site enabling facilities to register and maintain their profile -Unlimited facilities can register and manage their profiles at no cost > Rave 911 SaaS XERDS Server -Hosted, secure online extensible emergency response data service (XERDS) that maintains subscriber account profiles and provides results to CPE Server (or Client Workstation app I First Responder View) when queried. > Rave Dispatch View and First Responder View -Hosted, secure online portal providing first responder and dispatchers access to subscriber account profiles for active cases based on user id. password and case ticket number (which is generated by Rave 911 Suite) > Rave 911 Server Software -Software installed on local server which listens to the All spill, queries the Rave 911 Suite SaaS Server and broadcasts results on the local network to the Rave 911 Client. > Rave 911 Client Lightweight application installed on workstation that interacts with CPE server to provide call taker or dispatcher with customer profile data via an embedded , pop- up web browser. > Rave Admin View -Hosted, secure online portal providing administrative functions such as user management and reporting . RAVE UOOI~E 0Af£TY RAVE MOBILE SAFETY · PROPRIETARY AND CONFIDENTIAL • 5 Remote Deployment Services The following remote deployment steps will be performed to implement these components: > Perform the necessary set up and configurations to track citizen registrations and PSAP usage data for report in g purposes > Facilitate Installation of the Rave 911 Client workstation application on all call taker workstations (either CAD or Admin stat ions) on a remote basis. > Perform the necessary configurations and testing to provide secure access from the Rave 911 Server(s) and Rave 911 Client workstation applications to the Rave 911 SaaS XERDS Server. > Work with Client to remotely install the Rave 911 Server software on ded icated server(s}, connect the server via serial port to the CAD/ALI Spill at necessary locations, and make the necessary configurations to ensure proper parsing of the All spill. > Perform testing to ensure proper configuration and hand ling of profile display on correct workstations > Set up and provide access information for adm inistrative accounts Deployment services include the initial deployment of Rave 911 Suite. Changes to the customer environment that require an additional installation or configuration will be billed at then current rates. Training and Support To ensure successful operation of the system and integration into various state workflows and processes, Rave will provide the following additional training and support services: > Provide unlimited, on-demand access to the Rave Academy, Rave 's online video- based training platform. > Provide product guides and other training tools (PowerPoint decks, Administration Guide , etc.) > Provide release notes and online reviews as needed for new feature deployments > Provide 24x7 phone and email technical support as well as 8x5 phone and email support for non-critical support questions > Provide sample SOPs, best practices and FAQ documents through the online Rave Customer Portal RAVE lol O BIL f SA FE TY RAVE MOBILE SAFETY· PROPRIETARY AND CONF IDENTIAL • 6 Marketing Services To ensure maximum community awareness, Rave Mobile Safety will provide the following tools: > Marketing manager to conduct onboarding and to hel p plan Rave 911 Suite press launch. > On-demand online access to marketing best practices guides, Smart911 and Rave Facility public outreach materials including flyers, web graphics, social media graph ics , and content for presentations and newsletters and eblasts. > Targeted monthly marketing campaigns for community outreach and partners. > Support from the Rave marketing team that provides best practices, resources, and remote support. Client Responsibilities ---------·---------·-----__ , ______________ ,. __ , ----· This project requires technical and operational support within the client environment as well as marketing support across the supported communities to ensure success. The following outlines expected functions to be performed in support of the Rave 911 Suite deployment: > Project management and executive support > Integration of Information available from Rave 911 Suite into the correct PSAP procedures and best practices as well as any training required to ensure proper implementation of those procedures > Support for the technical deployment providing remote access for Rave Mobile Safety to be able to complete the installation of Rave 911 Server software and Rave Dispatch View workstation software . > Hardware and connectivity. Client is responsible for all hardware including Rave 911 Server hardware (physical or virtual), firewalls, cables, converters, and splitters. > ANI! ALl Spill. Client responsible for providing the ANI/All spill. > Staff training by leveraging Rave's resources to ensure that telecommunicators are familiar with and implement the various features of the Rave 911 Suite into thei r workflow. > Broad public awareness campaign to ensure citizen adoption . Examples include: inclusion of registration links on community web sites; inclus ion of registration reminders in written communications with citizens; emai l marketing campaigns; and distribution of registration information through commun ity channels such as schools, elderly centers, hearing disabled communities and libraries. RAVE UOBIL E SA f [f Y RAVE MOBILE SAFETY · PROPRI ETAR Y AND CON FIDENTIAL • 7 Rave 9 i i Suite ···· Pi\OOUCT ?.Rtf:F Crit ica l Data and Co m mu ni cati o n for Faster, More Effect ive Response Rave 911 Sui l e helps 9-1 -1 call takers and fi rst re sponders make faster, better decis ions, shmte n respo ns e times, and save lives. t .. l" ~ '.;;\:%"~ Critical lnforn1ation and Communicati on s Platfo1·m > Protects first r esponders -real -time incident information about people ancl iacilities improves situational awareness ancl responder safety. > Responsive to v ulne rable population s -better understand and serve your community members with access or func t ional needs. > Advances co m m u n ity oriente d pol i c i ng- promotes and encourages positi ve 9 -·1-1. law en forcement. communi ty. and media interactions. > Embraces mobile technology -reduc es 9-1-1 mobile location issues. SIVIS text capal:>ili ty provides alternative communication met1 1od for dropped 9 -1 -1 calls --eliminates unnecessary dispatct1 to accidental dia ls. > Trusted public s a f ety platform -protects mill ions every day an d integrat es with t ile Rave AleriT''' emergency notifica tion sy st em and Rcwe Panic Button 11·' t o provicla your c:o m munity with 360 degme protection. Continuer! > ---·--------···------------· --· ·----1 "Ra ve's 911 tools and Smart911 all owed us to take a shortcut and sa t1ed a person's life ." Sm art91 1 ® Safe t y Pro fi le Gives PSAPs and first res p onders access to a 9 -1-1 caller's pro file: fami ly member info, pl1otos. medical conditions, disab il ities . exac t add resses. eve n pel in formation. to make informe d dispalcl1 decisions. Rave Fac i l ityt~·' Fac il it ies cre at e profiles contai ning floor plan s, keyho lcler, alarm . Hazmat information. gate/access codes. points oi contact. AEDs . ancl more . Pro fi les automatically clisplay during 9-1-1 calls and are searchalJie IJy au ti1orized use rs . Rave Command Vi ew•.v 9-1·1 Supe1visors access a rea l-time common operati ng picture of call traiiic and c rit ical data on a vve b-based map inc lu ding Sma rt9 11 Sa fety Pro files . Rove Faci lity Profiles , and Rave Pa ni c Bu tton calls. Ch at PSAPs can init ia te 2-way text co nversat ions with any mol)ite 9-1-1 caller to contac t unrespo nsive caller s and veri iy accidental d ials. ----·-·-··-----··· ' J IMTULLER FIRE CHIE F TR AVERSE C ITY, M l Notes Create , annotate, and si1are secure notes ror any te lephone numb er to pro vicle in formati on on pranl< ca ll ers, NSI pho nes , frequent iliers, histories of domestic violence, ancl clrop ped ca lls. Rave Analyt ic s"·' Gives 9-1-1 Direc tors and Supervisors easy, any time wel)·based acc ess to map-based c all reporting data and analytics to clrive slaiiing and fu nding d ecis ions. Rave Pani c Butto n'M Dram atically reduces res ponse time for 9-1-1 , fac ility person nel , an d firs t ,·esponders. Rave Pa nic Butt on in sta ntl y aler ts 9 -1-1 and on -si te person nel -speecls up emergency procedures. Ca mpus lay out and d eta ils are st1ared real-ii me with fi rst res p onders an d 9-1 ·1. Rave Al ert for Publi c Safet y Im prove com mun ity sa fety be fore . during , and aft er emergencies wit h emergency no tific ation in teg rat io n. Rave Alert 's mul li moclal. ee~sy to use interiace ensures max imu m alert coverage across all modalities, including IF>AWS . ----------.. ----- Deploys Qu ick ly a nd Easil y in All PSAP Envi ronments Rave 911 Suil e vmrks se amle ssly with all workstati ons -deploy ing In hours, not mont l1s or years . It does not affect existing call rou ti ng processes, an d Rave Dispa tch View depl oys in your teleco m- municators' preferred <lisplay. Rave 911 lnteg ralion Software offe rs lroubleshoo ting and deployment tools to make onboarding an d upgradi ng quick ancl ea sy. Enti re PSAPs ca n be deploye d In a few hours. -----------------·------·------·-------··--·-------·-·---- Con t act Us Tod a y to L earn More S88 ·605·7Hl~ · l'r.'ll't.l~·:cmohilcsn lmy.com · ~;!l cs'il'IMO III Oi lllolsH ict y.wn RAVE lA II 0 I L ( :, /, t ( I Y RAVE MOBILE SAFETY EXHIBIT B MASTER LICENSE AND SERVICES AGREEMENT This Master License and Services Agreement (together with Rave's Support and Service Level Policy and all Ord er Forms entered into by the Parties, the "Agreementl governs th e license of all Products and acquis ition and use of all Services provided by Rave Wireless. Inc. dlb/a Rave Mobile Safety ("~j . By executing this Agreement or any related Rave order form that incorporates this Agreeme nt by reference therein or is otherwise attached as an exhibit hereto ("Order F ormj, Client agrees to an of the terms and condillons of this Agreement as of the "Effective Date" of such Order Form specified therein with resp ect to the Products and Services covered under such Order Form . Each of Rave and Client shall also be referred to individually as a "fsru" and collectively as the "Parties·. Any other capitalized terms used in this Agreement shall have the meanings ass igned to them in Section 10 hereof and throughout this Ag reement. 1 . SERVICES AND PRODUCTS 1.1 Sorvtces. In considera tion of the Fee(s) payable by Client pursuanl to the Order Form(s), Rave shall provide the Client with (i) the Rave services spedfied in such Order Form(s). (il) the related techn ic al support services specified In Rave's Support and Service Level Policy ("~1 . and (iii) the license to Rave's related proprietary application software pro duct(s) and Documentation (collectlvety, ·.e.r~.tf) set forth in Section 1.2 below. For p urposes of this Agreement. the Rave services. Support and Products referred to above in (1)-(li~. together with any Professional Services specified in the Order Form(s). are collectively referred to as the -~·. 1.2 Products License. Subject to the terms and conditions of this Agreement. Rave hereby grants to Client a limited, non-exclusive. non· transferable . non-sublicenseable righ t and license during the applicable License Term (I) to access and operate the Products. (i i) to permit Adm in istrators to use the features and functions of tho Products. and (iii) to make copies of the Documentation solely for Client's in ternal use by Adminis trators . Rave may, In its discretion . develop and release generally to licensees updates or upgrades to th e Products . Subject to Client's payment of the Fees and all other amounts that may be payable with respect to the Products. Rave shall. during the applicable License Term , make any such updates and upgrades available to Client if and when generally released to licensees at no additional cost (not Including any software marketed by Rave as a separate product or as a modu le lor which additional fees are charged). Any such update s and upgrades provided under this Agreement shall be deemed to constitute part or the Products and shall be subject to all of the terms and conditions set forth in this Agreement. Client acknowledges that Rave and li s licensors own all right. title . and interest, induding all patent. copyright. trade secret. trademark, moral rights . and other in te llectual property rights In and to the Products (and any and all derivative works thereof). and Rave expressly reserves all rights nol expressly granted to Client hereunder. 1.3 Product Restrictions. Except to the extent otherwise expressly authorized by Rave under thi s Agreement. Client shall not. and shall not allow any third party to. copy. modify, adapt. translate, publicly display, publish, create derivative works of or dis tribute the Products . Client will not use the Products for any pu rposes beyond the scope ol or othen'lise not in accordance with the licenses granted in 1.2 above. Without limiting the foregoing, Client will not (I) authoriz e or permit use of the Products by or lor persons other than Adm inis trators; (ii) assign, sublicense . sell . lease or otherwise transfer or convey the licen ses granted hereunder; (iii) modify or create any derivative works of the Products (or any component there of): or (iv) decompile , disassemble, re verse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Products is compiled or interpreted. Client hereby acknowledges that nothing In this Agreement shall be construed to grant Client eny right to obtain or use such source code or any derivative works thereof. Client shall duplicate all proprietary notices and legends of Rave upon any and all copies of the Products authorized to be made by Client and shall n ot rem ove. al ter or obscure any such proprietary notice or legend . 2. TERM AND TERMINATION 2.1 License Term and Agreement Tenn . The initial term or each license to a Product und er this Agreement shall be set forth in the applicable Order Form ("Initial License Term'). Except as otherwise specified In such Order Form. each license will be automati cally renewed on the same terms and conditions herein for successive on e-year term s (each. a "Renewal License Im!!l). at Rave's then-current pricing, unless either Party provid es written notice to the other Party of its Intent not to renew such license al least ninety (90) days prior to the expiration date of th e th en-current License Term . As used In this Agreement. "License Ierm" means the entire period during which th e license to a Product hereunder is In effect. Th e term of this Agreeme nt shall commence on the Effective Date of the lnllial Order Rave Wireless. Inc. <lib/a Ravo Mobile Safety Master License end Services Agreement Version 5.0/0ccembor 13. 2013 (Revised 8.31.17) ·1· Form entered into by the Parties here under and . subject to any termination of this Agreement by a Party pursuant to Section 2.2 below. shalt automatically expire upon the termination or expiration or all licenses granted under this Agreement ("Agreement Term j. 2.2 Termination for Broach/Bankruptcy. Either Party may terminate this Agreement (or the license to arty Product(s) hereunder) upon written notice in the event that the other Party fails to make a required payment hereunder or materially breaches this Agreement and thereafter (i) in the case or non-payment. has failed to pay such amounts within five (5) days alter receiving written notice thereof; or (It) in the case of materia l breach . has fa iled to cure the breach (or to commence diligent efforts to cure such breach that are rea sonably acceptable to the other Party) within thirty (30) days after receiving vmtten notice th ereof. In addition, either Party may terminate this Agreement upon written notice after the other Party has executed an assi gnment for the benefit of creditors or filed for relief under any applicable bankruptcy. reorganization. morato rium. or similar debtor relief laws , or in the event that a receiver has been appointed for the other Party or any of its assets or properties. or an Involuntary petition in bankruptcy has be en filed aga inst such other Party, which proceeding or petition has not been dismissed. vacated . or stayed within thi rty (30) days . 2.3 Effect of Termination. Upon any termlnaUo n or expiration of this Agreement. each Party shall (i) immediate ly discontinue all use of the other Party's Co nfidentiallnformaUon and, In the case of the Cfient. the Products; (li) return to the other Party or. at the other Party's optio n. de stroy. all originals and all copies or such other Pa rty's Confidential information then in its possession: and {ill) shall promptly pay all amounts due and remaining payable hereunder. Term ination or expiration of this Agreement will automatically terminate ali li censes granted hereunder. Without limiting the foregoing, upon any termination or expiration or the license to any Product(s) herellllder. Client's license righ ts in such Producl(s) shall immediately terminate and Client shall Immediately discontinue ali u se of such Products and Rave's related Confidential information . 2.4 Survival of Obligations. The provisions of this Agreement that. by the ir nature. are intended to survive a termination or expi ration of this Ag reement (or the license to any Products hereunder). including without limitation Client's obligations to pay any amounts due and outstanding hereunder and the provisions of Sections 1.3, 2.3, 2.4, 4 , 5, 6, 7, 8, 9 and 10 hereof. shall survive term ination or expiration of thls Agreeme nt (or the license to any Product(s) hereund er). 3. PROFESSIONAL SERVICES Any Profess ional Services to be provi ded by Rave to Client shall be provided in accordance with th e specific terms and conditions or the re levant Order Form covering such Professional Services (and any Statement of Work attached thereto as an exhibit or otherwise Incorporated by refere nce therein , ·som. including. but not limited to. the fees payable by Client to Rave thereunder. 4. FEES AND PAYMENTS The license fees payable by Client for each Product and the l ees payable for any related Professional Services are set forth in the applicable Order Form covering such Product(s) and/or Professional Serv ices , as the case may be (collectively. ·~·). All amounts payable und er this Agreement shall exclude ali applicable sales . use and other taxes and all applicable export and imp ort fees. customs duties and similar charges . Client will be responsible for payment of all such taxes (other than taxes b ased on Rave's net Income). fees . duties and charges. and any related penalties and Interest. arising from the payment of any Fees. the grant of license rights or the delivery of Services under the Agreement. Client must nolify Rave . or Its designee. In writing of any dispute or disagreement wilh invoiced charges within ten (10) days alter th e date of Invoice. Absen t such notice. Client shall be deemed to h ave agreed to the Fees as Invoiced upon the expira tion of such time period . Rave reserves the right to charge. and Client agrees to pay. a late charge equal to the greater of one and one-hall percent (1 Y.%) or the highest rate pe rmitted by law, pe r month , on any amount tha t is not the subject of a reasonable. good faith dispute that is unpaid on the due date, and on any other outstanding bala nce. 5. CLIENT OBLIGATIONS 5.1 Client Operation. Client acknowledges and agrees (i) thai Client is responsible lo r certain aspects of the operallon of the Products, as set forth in the Documentation. including th e re lated tra ining and supervision of Administrators, and (li) that in no event shall Rave have any liab ili ty re lating to Client's or any Administrators · fa ilure to ope rate the Products in accordance with the Documentation. 5.2 Ctlont Compliance. Client shall u se the Services in compliance with all applicable taws , statutes, regu lations, ordinances . rules or other requirements promulgated by governing authorities or otherwise imposed by Third Party Service Providers having juri sdiction over the Parties or the operation or use of the Services. including without limitation any contract provisions prohibi ting Client from utilizing the Servi ces to deliver to any Th ird Party Service Provider for transmiss ion or dissemination maleriallhat violates any content restrictions set forth therein. In any event . Client shall not (i) deliver t o Th ird Party Service Providers for t ransmission or disseminate any conten t or mate ri al under this Ag re eme nt tha t (a) Is harassing, defamatory . libelous, abusive , threatening , obscene. coercive or objectionable, including materia l that is fa lse. misleading or Inaccurate or (b) violates the rights of any person or company protected by copyright. trademari<. trade secret , patent or ot her intellectual property or simi lar laws or regulations: (il) use the Services or Rave's systems to transm it or disseminate unsolicited material, Includ ing without li mitati on "junk mail " or "unsolicited bulk e-mail", or other advertising material to persons or entities th at have not specifically agreed to receive such material by either opting in or not opti ng out in a l awful manner: (IIi) send messages to individuals who have opted out of receivi ng messages from Client; or (iv) use the Services or Rave syste ms to introduce malicious programs Into the Products. Rave's systems. or the Third Party Service Providers' networks or servers, including viruses. worms. Trojan horses. e·mail bombs, cancel bois or other computer programming ro utines th at are intende d to damage. interfere with, intercept or expropriate any system. data or personal Information. including executing any form of network monitoring th at will Intercept or extract data. Under no circu mstances shall Client be authorized to make any represen tations . warrantees or guarantees with respect to the Services . except to th e extent expressly set forth in this Agreement. Clie nt shall be responsible fo r the compliance by all Designated Ins titutions and their respective Adm inistrators with all of the terms and condillons of this Agreement. 5.3 Cllont Content. If Client provides or otherwise makes available any in formation or any other da ta collected by Client or a third party regarding End Users to Rave or any Third Party Service Provider or Emergency Service Provider In connection wilh the operation or use of the Services (collectively , th e "Client Content"). Clien t represents an d wa rrants that Client has any and all legal rig hts in and to such Clie nt Co ntent . in order to use and disdose, and permit use and disclosure of. t he Client Content In connectio n with the operation and use of the Services as contemp l ated by the Docu mentation or thi s Agreement. 6. LIMITED WARRANTY AND LIMITATIO NS 6.1 Ltmltod Warranty. THE· SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND ON AN "AS AVAilABLE" BAS IS AND. TO THE MAXIMUM EXTEN T PERMITIED UND ER APPLICAB LE lAW. RAVE EXPRESSLY DISClAIMS ALL OTHER REPRES ENTATIONS AND WARRANT IES OF ANY KIND OR NATURE , RElATING TO THE SERVICES AND PRODUCTS , WHETHER EXPRESS , IM PLIED OR STAT UTORY, INCLUDING. BUT NOT LIMITED TO , ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICUlAR PURPOSE . NON -IN FRINGEM ENT. TI TLE , DATA ACCURACY , SATISFACTORY QUALI TY, OR THE ABSENCE OF ANY DEFECTS " THEREIN , W HETHER lATENT OR PATEN T. NO WARRANTY IS MADE BY RAVE ON THE BAS IS OF TR ADE USAGE, COURSE OF DEALIN G OR COURSE OF TRADE. Rave does not warrant thai the Services or Products will meet Client's or any Designated Insti tution 's requirements, lhat the operatio n the reof will be uninterrupted or error-free , or that all errors will be correc ted . Without limiting the foregoing, th e Client acknowledg es and agrees that (I) Rave cannot guarantee the performance of any Th ird Party Service Provider or Emergency Service Provider and that neither Party may make any daims or guarantees on beha lf of Third Party Service P rovid ers or Emergency Service P roviders regarding any matters. (ii) delivery of any Ravo Wireless. Inc . cl/blo Rove Mobile Solely Master License and Services Agreement Vers ion 5.0/0e<:ember 13, 2013 (R evised 8.31.17) . 2. m essages or any information regarding End Use rs in connection with the operation or use of the Services is not guaran teed and neither Rave nor any Third Party Service Provid er or Emergency Service Provider shall be re sponsibl e for any fa ilure of delivery, and (Ill) Rave shall not be responsible for any disruption to o r failure of the Services resulting from the a cllons or i nactions of any Th ird Party Service Providers or Emergency Service Providers. Client acknowledges and agrees t hat the Services and Products are not intended to replace th e services of primary safety and emergency response services, includi ng without li mitation, 911 or equivalent, fire. pol ice. emergency medical an d public hea lth services (collectively, ·emergency Service Proy!ders"). 6.2 Limitation of Llabltlty. IN NO EVENT S HALL RAVE OR ANY RAVE REPRESENTATIVE BE LIABLE TO CLIENT OR ANY THIR D PARTY FOR ANY INCIDENTAL, INDIRECT , SPECIAL , CONSEQUEN TI AL OR PUNITIVE DAMAGES. REGA RDLESS OF THE NAT URE OF THE ClAIM, INCLUDING, WITHOUT LI MITATION, LOST PROFITS, BUSINESS INTERRUPTION. COSTS OF LOST OR DAMAG ED DATA OR LIABI LITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF RAVE OR SUCH RAVE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TH IS LIMI TATION UPON DAMAGES AND ClAIMS IS INTENDED TO APPLY WITHOUT REGARD . TO WHETHER OTHER PROVISIONS OF THIS AGREEME NT HAVE BEEN BREACHED OR HAVE PROVEN INE FF EC TI VE. Notwithstand ing anything here in to the co ntrary, the cumula tive liability of Rave to Client and any th ird party for all clai ms arisin g from or relating to this Agreement and/or the operation or use of the Se rvices and Products shall not exceed the total amount of all Fees paid to Rave b y Client he reunder d uring the twelve (12)-month per iod Immediately p ri or to the event, act or omission giving rise to such liability, rega rdless of wllether any action or cl a im is based on warranty, indemnification , cont ract, to rt, neg li gence, st rict liability or otherwi se. Th e existence of mult iple cl aims will not en large this limit. The warranty disclaimers and exclus ions and limitations of liability in this Section 6 are intended to appl y without regard to whether other provisions of th is Agreement ha ve been breached or have proven ineffective and form a n essentia l basis of the ba rgain between the Pa rties. Absent any of such disclaimers , excl usions or limitations of li ability, the provisions of this Agreement, includ ing, without limitation. the econ omic terms, would be substantially different. 7. CONFIDENTIALITY 7.1 Mutual Confidentiality Obligations. Each Party agrees: (I) to use the Confidenti al Information of the other Party only for the pu rposes of thi s Agreement; (II) to hold in confidence and protect th e Confidential Informati on of the other Party from dissemination to , and use by, any th ird party: (ill) not to create any derivative wo rk from Confidentia l Informa ti on o f the othe r Party : (iv) to restrict access to the Confidential Inform ati on to such of its personnel. agents. and/or consult an ts who have a need to have acce ss and who have been advised of and have agreed in writing or are otherwise required to tre at such Information as confidential; a nd (v) to return or destroy all Confidential Information of the other Party in its possession upon termination or expiration of th is Agreement. 7.2 Confidentiality Exceptions. The foregoing re strictions shall not apply to Confidential Information t hat 0) i s pu bli cly ava ilable or In the public domain at the time disclosed; (li) i s or becomes pub licly available or enters the public domain thro ugh no fault of the recipient: (ill) Is ri ghtfully communicated to the recipien t by persons not bound by confidentiality obligations with respect thereto: (iv) i s already In the r ecipi ent 's possession free of any confldenllarrty obligations with respect thereto at the time or disclosure: (v) is independently deve loped by th e recipient; (vi) is approved for re lease or d i scl osure by the disclosing Party without restriction : or (vii) is required to be pub licly disclos ed by the recipient pursuant to applica ble freedom of Information laws. Each Party may disclose Confidential In formation to the limiled extent re quired (a) in order to comply with the orde r of a court or other g ovemmenlal bod y, or as otherwi se n ecessary to com ply with applicable law, p rovided that the Party making the d isclosure shall firs t have given written n otice to the other Party (If permitted) and made a reasonabl e effort to obtain a protective order: o r (b) to establish a Party's rights under this Agreement, Including to make court fil ings. 7.3 Disclosure of lnfonmatlon a bout End Users. Rave shall not re nt , trade or sell Inform ation r egardi ng End Users (Including, bu t not llmlled to. any Client Con tent) to any third party; provided, however, that notwithstanding anythin g to the co ntrary conta ined in this Agreemen t. (i) Rave may dis close any such information to Third Party Service Provide rs and Emergency Service Providers in connection with the operation and use of the Services or as necessary to comply with applicable laws and governmental orders and (II) under no circumstances shall Rave or any Rave Representative be liable for the failure of Client or any third party (including , but not limited to. any Designated Institution. Third Party Service Provider or Emergency Service Provider) to comply with its own privacy policies and a ll applicable privacy laws and regulations. 8. INDEMNIFICAnON Except as otherwise provided below. Rave shall defend or. at Its option. settle any cl aim, cause of action, suit. proceeding or other action brought by a third party (not including any non-practici ng entity) against Client directly and to the extent arising out of an allegation by such third party that any use of or access to a Product by Client as expressly authorized under this Agreement Infringes any U.S. patent issued to such third party as of the commencement of the Agreement Term (each. a "Q2im"). and Rave shall Indemni ty and hold Client harmless against all costs and reasonable expenses (including reasonable attorneys' fees). damages . and liabilities arisi ng out of any such Claim finally awarded to such thi rd party by a court of competent Juri sdiction after all appeals have been exhausted or at the time of a final settlement of such Claim by Rave (collectively, "Wru1. provided that Client gives Rave (i) prompt written notice of such Claim; (ii) sole authority to control and d irect the defense and/or settlement of such Claim : and (iii) such information and assistance as Rave may reasonably request, at Rave's expense, in connection with such defense and/or settlement. Upon the occurrence of any Claim for which indemnity by Rave is o r may be due under this Section 8. or in the event that Rave beli eves that such a Claim is likely. Rave may. at its option (I) modify the relevan t Product so that it becomes non-infringing, or substitute functionally equivalent software or services; (II) obtain a license to the applicable third- party intellectual property rig hts; or (Ill) terminate this Agreement (or the license to such Product hereunder) on written notice to Client and refund to Client any unused license fees under the then-current License Term . Rave shall not be liable for any costs or e xpenses Incurred by or on behalf or Client In connection with any Claim for which i ndemnity by Rave is or may be due under th is Sedion 8 without the prior written consent of an authorized officer or Rave. Rave's Indemnity obligations set forth in this Section 8 shall constitute Rave's entire liability and Client's sole remedy for any actual or alleged intelle ct ual property Infringement claim with re spect to the Services or Products. Notwithstanding anything herei n to the contrary. Rave shall have no obligation or liability for any Intellectual property Infringement claim and any related losses. costs. expenses. damages and liabilities whatsoever to the extent arising from (a) the comb ination. operation, or use of the Product with products. services . information . materials. technologies. business methods or processes not furnished by Rave or otherwise expressly contemplated by the Documentation; (b) modifications to the Product , wh ich modifications are not made by Rave or any party expressly authorized by Rave in writing; (c) use of the Product except in accordance with this Agreement. the Documentation and any other applicable user documentation or specifications furnished by Rave In writing ; (d) failu re of Client to implement any updates and upgrades provi ded by Rave that would make the Product non-infringing; and/or (e) any Intellectual pro perty provided or otherwise made accessibl e to Rave by Client or any of its Affiliate s. To the extent perm itted by applicabl e law. in connection with any Intellectual property infringement claim agains t Rave and/or any Rave Representa tive by a third party arising out of any actions or omissions by Client covered by (a)-( e) in the p receding sentence. Client shall defend. Indemnify, and hold Rave and each Rave Representative harmless against all costs and reasonable expenses (Including reasonable attorneys' fees). damages. and liabilities to the extent aris ing out of any such claim against Rave and/or such Rave Representative by a th ird party (Including without llmllallon any End User or governmental agency), provided that Rave gives Client (i) prompt written notice of such claim; (ii) so le authority to control and direct the defense and/or settlement of such cla im : and (iii) such Information and assistance as Client may reasonably request. at Client's expense, in connection with such defense and/or settlement. Client shall not be liable for any costs or expenses Incurred by or on behalf of Rave In connection with any Intellectual property infringement claim for which indemnity by Client is o r may be due under this Section 8 without the prior written consent of any authorized officer of Cli ent . 9. MISCELLANEOUS Rave Wireless. Inc. dJbla Rave MobUe Safety Moster Lfconse and Services Agreement Version 5.0/0ecembcr 13,2013 (Revised 8.31 .17) . 3. 9.1 Applicable Law/Dispute Resolution. Thi s Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with. and shall be governed by. the laws of the Commonwealth of Massachusetts without giving effect to its rules regarding conflicts of laws. and subject to the alternative d ispute resolution provision set forth below or otherwise in connection with any action for Injunctive or other equitable rel ief arising from the breach by the other Party or any license. usage o r confidentiality ob ligations hereunder. each Party Irrevocably submits to the jurisdiction of the Federal courts located with in the Commonwealth of Massachusetts In connect ion with any and all causes of action between the Parties arising from or in relation to this Agreement. Except as provided in the preceding sentence. the Parties agree that any and au disputes regarding this Agreement that cannot be resolved th rough negotiations between the designated representatives from each Party within th irty (30) days of the date the dispute arose shall be submitted to binding arbitrat i on conducted by the American Arbitration Assoc iation ("~1 at Its Boston, Massachusetts location. Any such arbitration will be conducted In accordance with the Commercial Arbitra tion Rules of the AAA. Any such arbitration will be conducted by a single arbitrator. and the arbit rator will Issue his/her award In writing with findings . The decision of the AAA shall be binding as between the Parties. shall not be subject to appeal. and shall be enforceable in any court of competent jurisdiction. The U.N. Convention on Contracts for the International Sale or Goods shall not app ly to this Agreement. 9.2 Services Outsi de the US. If Client is interested In purchas ing Services for delivery outside of the United States. Client acknowledges and agrees that. in addit ion to any restriclfons that may be imposed on Client by any Third Party Service Provider. any such territory outside the United Slates may impose ils own restrictions result ing from applicable law. telecommunication or Internet infrastructure limitations. telecommunication or internet service provider polici es . or communi cation device customizations that inhibit or prevent the delivery of SMS. text or other messaging. or restrict the ability to place or receive certain calls (e.g ., outbound toll-free calls). Such restrictions may impede certain aspects of the Services. Rave shall not be responsible for any such Impediments or any unavailability of the Services as a result thereof. 9.3 Force Majeure. Rave shall be excused from performance of Its obligations under this Agreement if such a failure to perform res ults from complia nce with any requirement of applicable law. acts of god, fire, strike, embargo. terrorist attack. war or any other military aclfon. acts of local. stale or national governments or public agencies. Insurrection or riot or other causes beyond the reasonable control of Rave. 9.4 Notices. All notices requ ired by or relating to this Agreement shall be in wrilfng and shall be sent by means of certified mail. postage prepaid or by nationally recognized overnight courier service, to t he Parties to the Ag reement and addressed. if to Client. as set forth In the Order Form. or If to Rave. as follows: Rave Wlretess, Inc. 492 Old Connecticut Path, 2"" Floor Framingham, MA 01701 Attention: Chief Executive Officer or addressed to such o ther address as that Party may have given by written notice in accordance wit h this provis ion. All notices required by or relating to this Agreement may also be communicated by facsimile. provided that the sender receives and re tains confirmation of success ful transm ittal to the recipient and sends a duplicate of such notice by the means specified here in. Su ch notices shall be effective on the date Indicated in such confirmation . 9.5 Assignment Neither Party may assign Its rights or delegate Its obligations under this Agreement without the other Party's prior wrfllen consent. and. absent such consent, any purported ass ignment or delegation shall be null. void and o f no effect; provided. however. that ei ther Party. upon written notification to the other Party. may assig n this Agreement in connection with any merger. consolidation. corporate restructuring. sale of any substan tial portion of its assets. or any transaction in which more than fifty p ercent (50%) of its voti ng securities are transferred. unless any such successor or assignee of Client is a competitor of Rave. in which case Client must obtain Rave's prior written consent. Subject to the foregoing. this Agreement shall be binding upon and inure to the benefit of Rave and Clien t and their respecllve permitted successors and assigns. 9 .6 Independent Contra ctors. Client and Rave acknowledge and agree that the rela tionship aris ing from th is Agreement does not const itule or create any joint venture, partnershi p, employment relationsh ip or franchise between them , and the Parties are acting as Independent contractors In makin g and performing th is Agreement. Ne ither Party has the power or aut hority as agent. employee or in any other capacily to represent , act fo r. bind or oth erwis e create or assum e any obligation on behal f of the other Party lor any purpos e whatsoever. 9.7 Amend ment/Waiver. No amendmenl to this Agreement or any addendum shall be va li d unless in writing and signed by the authorized representatives of the Part ies . No waive r under this Agreement shall be valid or bind ing unless set forth in wrilin g and duly executed by the Party against whom enforcement of such waiver Is sought. Any such waiver shall cons titute a wai ver only with respect to the specific matter described therein and shall in no way impair the rlghls of th e Party granting such wa ive r in any other respect or at any other lime. Any delay or forbearance by either Party in exercis ing any right hereunder shall not be deemed a waiver of that right. 9.8 Severability. If any provision of th is Agreement is invalid or unenforceable for any reason In any jurisdiction, such provis ion shall be construed to have been adjusted to the minimum exte nt necessary to cure such lnvalldily or unenlorceablllly. 9 .9 Export Controls. Cli ent will not. directly or indirectly, export or re· export , or knowi ng ly perm it the export or re -export of any Product to any country l or which any export license or approval is required under the laws of the United States or any other counl ry unless the appropriate export license or approval has first been obtained. 9 .10 No Third Party Benefic iaries. The Parti es acknowledge that the covena nts set forth in this Agreement are intended solely for lhe benefit of the Partie s and th eir re spective successors and permitte d assigns . Nothing in this Agreement . whether expres s or implied . shall confer upon any person or entity. other than the Parties and their permitted successors and assigns , any legal or eq ullable right whatsoever to enforce any provis ion of th is Agreem ent. 9.11 U.S . Government Llconsoos . Each of the components tha t constitute each Product Is a ·commerclalllem· as that term Is defined at 48 C.F.R. 2 .101, cons isting of ·commercial computer software · and/or ·commercial computer software documentation· as such terms are used In 48 C.F.R. 12.212. Consisten t wi th 4 8 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227 .7202-4. all U.S. Government ~censees acqu ire the Product with only those rights set forth herein . 9.12 Immunity. If applicable and to the exten t not prohibited or otherwise aulhorized by applicable law, each Party will be entilled to not tess than the same benefits and protections afforded by any law. regul ation or other applicable rule which extends protections to the other Party In any form, including, but not limited to, governmental or other immunity. Indemni fication or oth er protection. Neither Party will object to or i nterfe re with the assertion of such Immunity by the other Party . 9.13 Headings. The headings in this Agreement are Inserted merely for the purpose of convenience and sha ll not affect the mean ing or lnterpretallon of th is Agreement. 9.14 Signatures. This Agreement may be execuled in the signature block below (if applicable) in any number of counterparts , each of which when so executed shall be deemed to be an original and all of which when taken together shall conslilute one Agreement. This Agreement may be executed by facs imile or electron ic signature . Notwithstanding the foregoing, this Agreemenl wi ll be deemed to be executed upon th e execution by the Pa rt ies of any Order Form incorporat ing thi s Agreement by reference therein . 9 .15 Entire Agreement . This Master license and Servi ces Ag reement. together with the SLP and all Order Form s (an d SOWs , II applicable) entere d Into by the Parties, sets forth the entire agreement and understanding between the Parties hereto with respect to the subj ect matter hereof and . except as specifically provided herein, supersedes and merges all pri or oral and wri tten ag reemen ts . discussions and understand ings between the Part ies with respect to the subject matter hereof. and neither of the Parties shall be bound by any conditions . inducements or representations other than as expressly provided for in th is Agreement. In the event a conflict arises between th is Master License and Serv ices Agreement and the provisions of any other document comprising Rave Wireless. Inc. dlbJa Rav e Mobile Safety Masler License and Services Agroomont Version 5.0/0e<:cmber 13. 2013 (Revised 8.31 .1 7} ... part of thi s Ag reeme nt. this Master License and Serv ices Ag reement will govern unless the other document expressly provides otherwise . No term or provision set forth or cross-referenced In any purchase order or payment do cumentation will be construed to amend. add to , or supersede any provision of this Ag reement. 10. DEFINITIONS 10.1 "Admln lslrators" mean personnel of Client and Designated lnstitullons authorized by Client to access the Products on behal f and lor the benefi t or Cl ien t and such Des ignated Institut ions, respective ly. 10.2 -~· means, with respect to any ent ity, any other entity Co ntrolli ng , Controll ed by or under common Control with such entity. whe ther directly or indirec tly through one or more Intermediaries . 10.3 "CIIenr means the client spec ificall y identified on the Order Form(s) or in lhe signature block of this Agreement (If applicable). 10.4 ·confidential Informa tion· means the terms or this Ag reement and all documents , material or lnlormaUon relating to the Services and the provis ion the reof. including , but no t limited to. the Documentation. personally Identifiable informa ti on regard ing End Users and all other In formation that either Party treats as proprietary or confidenti al. 1 0.6 "l&nlr2!" and its deriva ti ves means legal, beneficial or equitable owne rs hip, dlrec lly or Indirectly. of more than fifty percent {50%) of the outstand ing voting capital stock (or other owners hi p Interest, if not a corporation) of an entity. or actual man ageria l or operational control over such entity . 10.6 "Designated Institution· means any Affiliate and /or any other institu ll on , organizatio n, entity and person lor whose benefit Client Is licensing one or mo re Products hereunder as specified In the relevant Order Form . 10.7 ·ooC!Jmen tatlon· means Rave 's then ·current standard prod uct and user guides and/or related documenta ti on genera lly made avail ab le to licensees of Products. as such Documentation may be modified by Ra ve, In its sole discretion , fr om time to lime. 10.8 "End Users· means Individuals associated with Clien t and/or any Designated Institution who regi ste r with Rave or are otherwise eligible to rece ive and/or send messages from or otherwise utilize the benefi ts of the Services and individuals who Independently register with Rave to establish a safety profile or are otherwise eli gible to receive or uti lize the benefit of the Services . During the Agreement Term. Client may be respons ible lor notifying Des igna ted Institutions and End Us ers that th ey are each subject to Rave's applicable then-l:urrent Term s of Use and Pri vacy Polley In connection with their respe ctive opera ti on and use of the Services (if applicable). 10.9 "Privacy Policy" mea ns Rave 's Privacy Policy. as such Privacy Pol icy may be amended by Rave. In Its sole di scret ion, from lime to lime. 10.10 'Pro(essjona l Services· means th e separate support offerin gs lo r Clie nt that are not Included as part of the Support, but are provided by Rave at an additional cost as specified in the applicab le Order Form(s ). including , but not limited to , those related to the se t-up, Integration and training for each Product. 10.11 "R!!ve Representat ives· means Rave and its Affiliates and each of their respective directo rs, officers. employees. cont ra ctors and other re present ati ves . 10.12 ·support and Service Level Polley" or-~-means the Support and Service Level Policy for the Products set forth In Appe ndix 1 hereto. 10.13 ·rerrns of Use· means Rave 's separate Terms of Use for Designated lnstllulions and for End Users. as such Terms of Use may be amended by Rave. In i ts sole discretion , from time to time. 10.14 "Third Party Service Proyjde( means a te lecommunicat ions. internet, vo ice broadcasting , volco messag ing or other service pro vider providing mobile telephon e, Interne t or othe r Intermediary services to subscribe rs that allow or re late to the operation or use of the Services by End Users or a licensor or other th ird party from whom Rave has rece ived sublicensing rights In connection with the operation or use of the Products, as th e case may be. {Rema inder of Page ln tent/onolly Left Blenk.] APPENDIX 1 (TO RAVE MOBILE SAFETY MASTER LI CENSE AND SERVICES AGREEMENT) SUPPORT A ND SERVICE LEV EL POLICY ("SLP") Pu r pose This SLP sets forth Rave's undertakings wi th respect to providing customer support to the Client and lhe service levels associated with the Services provided to Client during the Term o f the Agreemen t. 1. Service Reliabi l ity. Rave shall pro vid e an uptime of 99.999% for the Services. subject to scheduled upda tes and schedu led maintenance and to any downtime caused by the Client or by Thi rd Party Service Provide rs . For unplanned downtime (an ·Event"). Rave will assign a trouble severity code based on Rave's assessment o f the Event at the point of trouble identificat ion. Rave will make adjustments to the trouble severity code based on 11ow the Event proceeds. Trouble Sovcrlty Code Do scriptlon Initia l Response Time S tatus Update Intervals Sev 1 "Scv 1 Error" means a 20 min . 30min. catastrophic Event causing a comp lete (100%) loss of a key safety rela ted fe ature of th e Services Sev 2 "Sov 2 Error" means a non-For Events reported during 2 hour catastrophic Event causing a normal business hours (9am signi ficant component of the to 5pm ES T Monday through Services to fai l or to perform Friday). 24 hours from time of materially different than expected. report. r-or Events reported creating significant inconvenience to outside of normal business the Client hours. 24 hours from beginni ng of next business day Sev 3 "Sov 3 Error'' means an Event th at : For Events reported during As appropri ate (a) has minimal current impact on normal business hours. 24 the C lient. and (b) causes a 11ours from time of report. malfunction of a non-essential For Events reported outside Product feature. of normal business hou rs. 24 hours from beg inning of nexl business day 2. Points of Con tact and Escalatio ns. II Client experiences an Even t. Clie nt may contact Rave's customer support hotline at 888-605-7163 ava ilable 24X7X365 or by e-mail al techsupport@r avewireless.com . Non-Sev 1 Events are submitted via ema il attechsupport@ravewireless.com. r-o r Sev 1 Even ts. Rave will provide continual support until the Event is resolved. Client and Rave will exchange tick et numbers lor tr acking an Event beginning with the initial report of trouble. Client may be requi red to interface wit h any third party hardware and software vendors. carriers or other service providers . Client Contact Information (lor escalation or technica l i ssues) Contact Namo & Title 1" Point of Contact 1" Escalation 2"" Escalation Rave Wifeless. Inc. dl bla Rave Mobile Safel y Masler License and Servoces Agreemenl Vers1on 5 OIOecember 13. 2013 (Rev1sed 8 .31. 17) Phone Mobi le Email . 5 . 3. Carrier a nd Ot he r Servi ce Provider Related Service Guarantees. Rave does not provid e any se rvice levels or su pport with respect to any ca rri er or other Thi rd Party Service Provider. Rave's so le responsibility with respect to carriers and other Thir d Party Service Provid ers 1'1ill be to make commerc ially reasona ble efforts to ensure availability of such th ird party's services. 4 . Ch ang e Control ManagemenUUpda te Management. A. Prod u ct Mod ifications by Rav e: Rave may modify Products from time to time to install bug fixe s and req uired updated (as deemed appropria te by Rave). B. Implementation o f Updates/Maintenance: Rave will ensure that any planned m ain tenance and update events within the Products 1'1ill be executed in a professional manner. Proper exe cution incl udes advance notific ation to Client by Rave. C. Service Interruptions and Advanced Notili ca tion Requirements: Rave will provide Client wit h at least 72 hours advance notice v ia e- ma il of all planned maintenance activitie s resulling in any service interruptions or poss ibility of any se rvice interruption that will ha ve a direct impact on Services . Rave shall perform emergency maintenance as ne cessary and 1'1ill. if p ossible. give advance notice the reof to Client. "Emergency" shall mean tha t Rave has become aware of a problem that. if an immediate remedy i s not impleme nted . will pr eve nt Rave fro m continui ng to support and provide the elements and aspects of the Services . E mergency downtim e outside of the main tenance wind ow will be counted as unsch ed uled downtime i n determin ing whether Rave has achieved its service uptime goal. 5. Availability. Rave will have no liability for unavailability of an y Services ca used. in whole or in part. by Client's use of the Services oth er than in accordance wi th the terms and conditions of the Agre ement or the Documentatio n. by an y Desig na ted Inst itution's operation or En d Use rs use of th e Services ot her tha n in accordance with Rave's applicable then-current Terms of Use. or for any causes beyond th e reasona ble cont ro l o f Rave or tha t are not reasonab ly foreseeable to Rave. induding but not limited to . interruption or fail ure of telecommunication or digital transmission links and Internet slow-downs or fail ures . the failure or unavailability of any services provi ded by Third Party Serv ice Providers or Emergency Se rvi ce Provid e rs. or any inac curacy or insufficiency in any information rega rd ing End Users. 6. Service Credits. Cred its for Failu re to Achie ve Service Level Standards : If Rave experiences any Severity 1 Downtime during a particula r month. Client shall also be eligible to receive a credit equal to the pro ra ted dollar value of three (3) times the actual number of minutes during such mon th re la ted to the service level fa ilure. "D owntime" means Ill!! total num b er of minutes during su cllrnonth tllal the Se rvice was unavailable at a Sev 1 Severity Code during thai month . 7. Cre d i t Req u ests and Payment. To request a credit. Clie nt mu st send an email to Rave at fi nance@rav cmobilesalety.com within ten (10) days of the end of the ca len da r month in which the failure occurred. Client mus t in clude 111e Client Name. Con tact Name and em ail address. an d dates and limes or unavaila bility. If Rave confirms lh at you are owe d Servi ce Credi ts. we will issue a credit to your account within ten (10) busines s days. Credits may on ly be use d aga inst futu re bi llin g charges . {Rema inder of Page lnten/ionally Left Blank .} Rave Wifeless. Inc. d/b/a Rave Mobile Safely Ma sler license ami Sef\liccs Agreement Vers1on 5 0/0eccmbcr 13. ?.013 (Revised 8 .31 17) . G . RAVE MOBILE SAFETY LICENSE & SERVICES ORDER FORM ("ORDER FORM") CLIENT INFORMATION: CLIENT NAME ("C LIENT"): Jefferson City Police Department ADDRESS : 401 Monroe St. Jefferson City, Missouri 65101 CONTACT NAMEfTITLE: Deric Heislen I Captain PHONE : (573) 634-6374 EMAIL: dheislen@jeffcitymo.org INITIAL LICENSE TERM : February 1, 2019 through March 31 ,2024 FEES INFORMATION: ANNUAL LICENSE FEES · Product Description Unit Qty Annual License Fee Rap idSOS Service Data Seats 4.00 $0.00 Ra ve 9 11 S uite Standard Seats 4.00 $15,000.00 CAP inbound /outbound API for Rave Alert fo r Public Population 75 ,000 .00 $0.00 Safety Premium SMS Messaging for Ra ve A lert for Public Populatio n 75 ,000 .00 $0.00 Safety Rave Alert for Public Safety Population 75 ,000 .00 $5 ,000.00 Rave Alert fo r Public Safety Loaded Land lines Popu l ation 75 ,000 .00 $0.00 Rave Alert for Public Safety Procurement per 1,000 Po pu lat ion 75.00 $0.00 phone numbers Rave Alert for Pub lic Safety Socia l Media Integration Population 75,000.00 $0.00 Annua l License Fee(s): s2o .ooo .oo 1 PROFESSIONAL SERVICES FEES · One-T ime Se rvi ce Description One-Time Fee Premium SMS Messaging Setup $0.00 Rave 911 Setup and Configuration per PSAP $1 ,000 .00 Rave Alert for Public Safety One-Time Setup $1,000 .00 Total Set-Up Fee (s ): s2.ooo .oo 1 TOTAL FEES· #of Years Cost Per Total year Contract Annual Fees: 5 $20 ,000 .00 $1 00,0 00.00 One-Time Fees (Set Up & Int egration): $2 ,000.00 Tot al Fees $102 ,00 0.00 Fees Payable Net 30 : s22,ooo.oo 1 STANDARD CONDITIONS : 1. Effective Date. The effective date of this Order Form will be the date of last execution as set forth in the signatu re block below ("Effe ctive Date"). RAVE MOBILE S A FET Y 2. Maste r License and Services Agreement. By signing this Order Form, Client agrees to be bound by all of the standard terms and conditions of the Rave Mobile Safety Master License and Services Agreement which is expressly incorporated by reference in th is Order Fo rm as set forth in the foll ow in g URL of Rave: https://www.getrave .com/termspdf/RaveMLSA v.5.pdf ("Agreement") or as ot herwise att ached he ret o. A ny capitalized terms used in this Order Form, unless specifically d efined herein, shall have the meanings assigned to them in the Agreement. By signing this Order Form, Client agrees to license the Products listed above subject to all o f the terms and co nd itio ns of the Ag reement and this Order Form. Client's offer to license t he P roduc ts becomes a b ind ing com mitment upo n s ignin g of this O rder Form .by both Parties, subject to the execu t ion of a Professiona l Service Agreement between the Parties within 90 days of the effectiv e date of this Order Form . The individua l representative of Cli ent executing th is Order Form has full authority to bind Client and its Affiliates to the terms and cond itions of t he A g reeme nt. 3. Fees Paya ble . Cl ient sha ll p ay to Rave , or its designee , without offset or deduction, the Fees set forth in this Order Form (or a related invoice in connection with any Renewal License Term) within thirty (30) days of the relevant Rave invoice. Rave reserves the righ t to increase the above-referenced "Annua l Li cense Fees" (not to exceed 10% ann ua ll y) f oll owing the Initial Li cens e Term or a ny Re newal License Term, as the case m ay be. 4. Rave Alert. Allows Cl ient to send an unlimited number of text, email and RSS messages usi ng the Rave Management Co nsole. Text messages se nt via Rave Alert Peer-to-peer groups or Outb ound CAP A PI for Rave A lert over SMTP are fre e, if th e prod uct defaults are ove rridden , text messages sent using other methods are $.03 per message. If applicable, th ese ad ditional per message fees ($0.03 per SMPP message) are billed quarterly in arrears. 5. Rave Voice (if app licable ). Unlimited voice calls for ca lls made with in and to the contig uous con tinental Un ited Sta tes. International and long distance rates may apply for other call s . 6. Purc hase Orders. Client agrees that if its inte rn al procedures requi re that a purchase order be issue d as a conditio n to payment of any Fees due to Rave, Client will timely issue such purchase order to Rave . Notwiths tan d ing the foregoing , Client agrees that the absence of a purchase order or other ordering document may not be used as a defense to avoid or excuse the performance of any of Client's obligations under the Agreement , including, bu t not lim ited to, payment of all Fees due t o Rave . 7. Services. Client is responsible for supplying and ma intainin g, at its own expense, the required ha rdware and supplies to run the related Product(s). In addition , th e above-referenced "Remote Se t-U p and Configuration" fees cove r an in itial one- ti m e deploym ent. If Client m akes infrastructure or other c hanges (including, but not limited to , changes in it s location, ca ll -taki ng equipment. carrier , network or othe r hardware ) that require re -deployment and additional testing of Services, additional Set-Up and Confi gu ration fees may apply. 8. Rapid SOS Servic e Dat a A dditio n a l Terms and Cond ition s (if a pplica ble). In consideration of the additional location and other data ("RapidSOS Service Data ") of RapidS OS . Inc. ("RapidSOS ") t hat may be made available by Rave to C lient, as and when available and commercially reas onable for Rave , in its sole discretion, to provide as part of the Services u nder the Agreement at no add itional charge , Clien t hereby understands and ag rees that: (i) the RapidSOS Service Data is provided for informationa l purposes only and that RapidSOS Service Data should not replace oth er emergency location information and should not be excl usively relied-upon in an emergency sce nario and is no t intended to replace the services of pri mary safety and emergency respo nse services, (ii) Ra pidSOS will be provid i ng the Ra p idSOS Service Data to a public safety answering point as a Third Party Service Provider t hat elects to provide such services voluntari ly and without being required to do so by the Federal Commun ications Commission and Clie nt specificall y . authorizes RapidSOS and its third-party partners (incl ud in g but not lim ited to device manu facturers, operating systems providers an d application provide rs) to provide Client with Rap idSOS Service Data as part of the Services (i ii) Client shall not use the RapidSOS Service Data in violation of any person's rights of privacy or rights to personality or otherw ise in violation of any fiduciary re lationship or applicab le l aw , (iv) Th e Services are designed to automatically request RapidSOS Service Data in conjunction with each wireless call pl aced to Clie nt. Rave sha ll have the rig ht to transmit all relevant information to Rapid SOS in connection with each request for RapidSOS Service Data as part of the Services , inclu d in g, without l imitation , the informa tion necessary to iden tify the specific device p lacing the related wi reless call (such as ANI or Caller I D), and a means to identify the Client PS AP or juris dict ion of the Cl ient PSAP that received such wireless call; (v) the RapidSOS Service Data is the Confidential Informa tion of RapidSOS ; and (vi) notwithstandin g Section 9.10 (No T hird Party Beneficiaries) of th e Agreement, RapidS OS will be deemed to be an express th ird party be neficiary under Section 1.3 (Prod uct Restrictions) of the Agreement, all confi dent iality obl igations, and Section 5.2 (Cli ent Compliance) of the Agreemen t , wi th res pect to t he restri ctions set forth th erein sole ly as it re lates to th e RapidSOS Service Data made ava ilable as pa rt of the Services. RAVE MOOILE SAFETY SPECIAL CONDITIONS: Rave to provide and load land line data one time per year. AGREED AND ACCEPTED: RAVE WIRELES S, INC . d/b/a Rav e Mo bi le Safety Signature : Printed Name: Title : Date: CLIENT: Jefferson City Police Department Signature : )v..~t:ES====--:;r~ Printed Nam e: r ~ ~ J: LyoVQ_ I ( l J-:: Title: C , f) Jfc) m ; 11. r-.r -f.fc.h.-. Date: l J_/2t/ /~ ~ 0 f> I I I 1° I. i ..-1" SPECIAL CONDITIONS: Rave to provide and load land line data one time per year AGREED AND ACCEPTED: --Print ed NameWi lliam C. Price ' Title: Chi ef F in ancial Officer Date: 1/3/fq _ CLIENT : Jefferson City Police Department Signature : )4=> ~~ Printed Name: r ~ 'h-1 J: C.yc;.VQ_ I ( l J--:: Title: C, f) Jtd ,_,; tt t-.r .fft.f-..c, __ Da te: l )_/ 2t/ )1