HomeMy WebLinkAbout2022-001 Mark43, Inc.CITY OF ATASCADERO
CONTRACT NUMBER:
60 -C` G
SOFTWARE LICENSE AND SERVICES AGREEMENT
This Software License and Services Agreement (this "Agreement') is effective as of January 12, 2022 (the "Effective
Date") by and between Mark43, Inc. ("Mark43"), with a place of business at 250 Hudson Street, 31 Floor, New York,
NY 10013, and the City of Atascadero ("Subscriber"), with a place of business at 6500 Palma Ave, Atascadero, CA
93422.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree
as follows:
DEFINITIONS.
1.1 "Affiliate" means, with respect to any entity, any other entity who, directly or indirectly, through one
or more intermediaries, controls, is controlled by, or is under common control with, such entity. The
term "control' means the possession, directly or indirectly, of the power to direct or cause the direction
of the management and policies of an entity, whether through the ownership of voting securities, by
contract or otherwise.
1.2 "Affiliated Agency" means any other government agency to which Subscriber is legally or
contractually bound to share information.
1.3 "Applicable Law(s)" means, with respect to any party, any federal, state or local statute, law,
ordinance, rule, administrative interpretation, regulation, order, writ, injunction, directive, judgment,
decree or other requirement of any international, federal, state or local court, administrative agency
or commission or other governmental or regulatory authority or instrumentality, domestic or foreign,
applicable to such party or any of its properties, assets or business operations.
1.4 "Applications" means the applications purchased by Subscriber as described in Schedule F.
1.5 "Authorized Users" means employees of Subscriber and any Affiliated Agency who are authorized
to access and use the Applications through the applicable security designation(s), pursuant to which
full or limited access to the applicable Applications may be granted.
1.6 "Documentation" means the knowledge base for the SaaS Services to which Subscriber will be
granted access by Mark43.
1.7 "Go Live" means the date of cutover to each respective Mark43 Application.
1.8 "Integrated Application" means a third -party product, database or application requested by
Subscriber and approved by Mark43 that will be installed, linked or enabled by Subscriber for use in
connection with the SaaS Services (e.g. NCIC).
1.9 "Integrated Application Data" means all data, information, content and other materials stored on an
Integrated Application.
1.10 "Integrated Application Provider' means any third party, including other vendors, state agencies
and local agencies, that control products and/or databases with which Mark43 SaaS Services are to
be interfaced.
1.11 "Intellectual Property Rights" means all intellectual and industrial property rights, whether now
existing or existing in the future, including without limitation, (i) all patent rights, including any rights
in pending patent applications and any related rights; (ii) all copyrights and other related rights
throughout the world in works of authorship, including all registrations and applications therefor;
(iii) all trademarks, service marks, trade dress or other proprietary trade designations, including all
registrations and applications therefor (iv) all rights throughout the world to proprietary know-how,
trade secrets and other confidential information, whether arising by law or pursuant to any contractual
obligation of non -disclosure; and (v) all other rights covering industrial or intellectual property
recognized in any jurisdiction.
1.12 "Professional Services" means any implementation, training, project management, consulting and
other services (outside the scope of the Support Services) that are described in a Statement of Work.
1.13 "SaaS Services" means the Applications, Software, and related software -as -a -service, hosting,
maintenance and/or support services made available by Mark43 for remote access and use by
Subscriber, including any Documentation thereto.
1.14 "Services" means the services provided or required to be provided by or through Mark43, including
without limitation, SaaS Services and Professional Services.
1.15 "Software" means the object code version of Mark43's computer software and all Updates made
available by Mark43 to Subscriber under this Agreement.
1.16 "Statement of Work" means a detailed plan of work to be agreed by the Parties in conjunction with
this Agreement.
1.17 "Subscriber Data" means all data, information, content and other materials stored or transmitted by
Subscriber and any Authorized User through the SaaS Services (i) in their user accounts; and (ii) on
any Integrated Application, excluding any Third -Party Data and any Mark43 data.
1.18 "Term" means the Initial Term and any Renewal Terms.
1.19 "Third -Party Component" means a third -party application incorporated in, integrated with or
accessed through the SaaS Services (e.g. a mapping provider).
1.20 "Third -Party Data" means any data, information, content and other materials made available by any
third party, including without limitation through a Third -Party Component.
1.21 "Updates" means any and all new releases, new versions, patches and other updates for the SaaS
Services that Mark43 makes generally available without additional charge to its other subscribers of
the SaaS Services.
1.22 "Website" means any Internet website through which Mark43 provides the SaaS Services under this
Agreement.
1.23 "Work Product" means all materials, software, tools, data, inventions, works of authorship and other
innovations of any kind that Mark43, or personnel working for or through Mark43, may make,
conceive, develop or reduce to practice, alone or jointly with others, in the course of performing
Professional Services or as a result of such Professional Services, whether or not eligible for patent,
copyright, trademark, trade secret or other legal protection.
2. PROVISION OF THE SERVICES AND SOFTWARE.
2.1 SaaS Services. Subject to the terms of this Agreement, and during the Term, Mark43 hereby grants
a non-exclusive, non -transferable, non-sublicensable license to Subscriber and its Authorized Users
to access and use the SaaS Services through the Website for Subscriber's internal purposes and in
accordance with the terms and conditions of this Agreement. Mark43 will be responsible for hosting
the Website, and Subscriber and its Authorized Users will be responsible for obtaining internet
connections and other third -party software, hardware and services necessary for it to access the
Website through the Internet, including without limitation as set forth in Schedule C. Subscriber will
be responsible to Mark43 for compliance with the restrictions on use and other terms and conditions
of this Agreement by any of its Authorized Users.
2.2 Professional Services. Mark43 offers Professional Services in connection with the SaaS Services
as further described on Schedule F and the Statement of Work. To the extent any Professional
Services involve the development of any customization or configuration to the SaaS Services, all
Intellectual Property Rights to such customization or configuration will be solely owned by Mark43
and will be deemed to be included in the definition of SaaS Services and licensed to Subscriber on
the terms set forth herein.
2.3 Access to Documentation. Mark43 will provide Subscriber via the Website or other means with
access to the Documentation, as may be updated from time to time. Subscriber may print copies of,
use, and permit its Authorized Users to use, the Documentation solely in connection with the use of
the SaaS Services.
2.4 Support Services. Subject to the terms and conditions of this Agreement, Mark43 will provide to
Subscriber the support services detailed on Schedule A (the "Support Services").
2.5 Restrictions on Use. Subscriber and its Authorized Users will not (and will not permit any third party
to): (i) share Subscriber's or any Authorized User's login credentials; (ii) reverse engineer, decompile,
disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file
formats, or interface protocols of the SaaS Services or of any files contained in or generated by the
SaaS Services; (iii) copy, modify, adapt or translate the SaaS Services or the Third -Party Data, or
otherwise make any use, resell, distribute or sublicense the SaaS Services or the Third -Party Data
other than in connection with this Agreement; (iv) make the SaaS Services available on a "service
bureau" basis or allow any third parties to use the SaaS Services; (v) disclose the SaaS Services or
any of its components to third parties; (vi) remove or modify any proprietary marking or restrictive
legends placed on the SaaS Services or the Third -Party Data; (vii) use the SaaS Services or the
Third -Party Data in violation of any Applicable Law; (viii) create or augment any mapping -related
dataset (including a mapping or navigation dataset, business listings database, mailing list, or
telemarketing list) for use in an implementation that is not connected to the Services; (ix) introduce
into the Services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive
nature; (x) use the Services to post advertising or listings; (xi) use the Services to defame, abuse,
harass, stalk, or threaten others; (xii) permit access or use of the Services by any individual outside
the United States; (xiii) hide or obscure any Authorized User's location; (xiv) permit access or use of
the Services, for any activities other than to enhance Subscriber's own services, where reliance solely
on, or failure to use, the Services could lead to death, personal injury, or property damages.
Subscriber and its Authorized Users will not access the SaaS Services if in direct competition with
Mark43, and will not allow access to the SaaS Services by any party who is in direct competition with
Mark43, except with Mark43's prior written consent. Subscriber shall comply with additional
restrictions on use of the Services in accordance with the Third -Party Component Terms.
2.6 Security Obligations. Subscriber agrees it and its Authorized Users shall securely manage their
respective password(s) for access to the SaaS Services. Subscriber agrees it shall notify Mark43
promptly in the event it becomes aware of any unauthorized access or use of the SaaS Services, or
of any of its or its Authorized Users passwords or accounts. Unless expressly stated otherwise in this
Agreement, a single username or password may not be used by more than one (1) Authorized User.
In addition, Authorized Users may log into the SaaS Services from only one location at any given
time; concurrent usage (or sign in) under a single username is prohibited, unless Subscriber has a
business justification for concurrent usage, in which case Subscriber is responsible for providing
approval for such usage to the applicable Authorized Users. Subscriber is responsible for all activities
conducted within user accounts in use of the SaaS Services. Subscriber shall comply with all
applicable local, state, federal and regional or other laws and regulations applicable in connection
with use of the SaaS Services, including all those related to data privacy and the transmission of
technical or personal data. Subscriber agrees to (a) provide true, accurate, current and complete
registration data for each account it creates via the SaaS Services, and (b) maintain and promptly
update the registration data to keep it true, accurate, current and complete.
2.7 Changes to Services. Mark43 may make changes and Updates to its Services, provided that it
does not materially derogate the overall quality of the Services. Mark43 does not guarantee that the
Services are or will remain compatible with any particular third -parry software or equipment, and may,
upon written notice, terminate its support for, any software or equipment of Subscriber that Mark43
determines are incompatible with the operation of the Services.
2.8 Data Sharing. Mark43 will allow Subscriber to grant other agencies specified levels of access to
Subscriber Data pursuant to an executed data -sharing agreement between agencies, and with
permissions subject to the parameters laid out in the relevant data -sharing agreement. Subscriber
shall provide Mark43 with a copy of the executed data -sharing agreement prior to allowing any such
data -sharing. As between Mark43 and Subscriber, Subscriber will be solely responsible for any
liabilities that arise as a result of such data -sharing.
3. PROPRIETARY RIGHTS; SUBSCRIBER DATA.
3.1 Ownership of Subscriber Data. As between Mark43 and Subscriber, Subscriber owns the
Subscriber Data. Mark43 will have, and Subscriber hereby grants and agrees to grant to Mark43, a
royalty -free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use the
Subscriber Data to configure and/or provide the SaaS Services, Software, Support Services and
Professional Services to Subscriber, and/or to prevent or address service or technical problems, in
accordance with this Agreement and the Documentation, or otherwise in accordance with
Subscriber's requests or instructions. Mark43 may also use Subscriber Data in anonymized and/or
aggregated form to develop analytics that may be used to provide products and services to
Subscriber and/or to other Mark43 customers, provided that: (a) Mark43 makes. available to
Subscriber functionality and services based on anonymized data obtained from other Mark43
customers that are similar to the functionality and services provided to such other customers based
on the anonymized data; and (b) Mark43 may not sell or offer for sale any Subscriber Data, whether
in Subscriber identifiable, or anonymized and aggregated form. Mark43 shall comply with its
obligations under all Applicable Laws in its provision of the Services and use of Subscriber Data.
3.2 Ownership and Reservation of Rights to Mark43 Intellectual Property. As between Mark43 and
Subscriber, Mark43, its Affiliates and/or its licensors own all right, title and interest in and to the
Services, Software, Work Product and all related technology and Intellectual Property Rights.
Subject to the limited rights expressly granted hereunder, and except with respect to Third -Party
Components, Mark43 reserves all rights, title and interest in and to the Services, Software, and Work
Product, including all related technology and Intellectual Property Rights. No rights are granted to
Subscriber hereunder other than as expressly set forth in this Agreement or as required by Applicable
Law.
3.3 Subscriber Feedback. Subscriber and its Authorized Users may elect to provide Mark43 with
suggestions, enhancement requests, recommendations and other feedback concerning the SaaS
Services, Software, Support Services or Professional Services (the "Subscriber Feedback").
Subscriber hereby assigns and agrees to assign all Subscriber Feedback to Mark43 without lien or
encumbrance and agrees that Subscriber Feedback will be the sole property of Mark43 and that
Mark43 may use Subscriber Feedback in its discretion without obligation to Subscriber. Mark43 has
no obligation to make Subscriber Feedback an improvement. For the avoidance of doubt, Subscriber
Feedback does not constitute Confidential Information of Subscriber hereunder.
3.4 Usage Data. Mark43 may collect certain information in connection with Subscriber's access to or
use of the Services, such as access records, date and time stamps, transaction and activity records
and system performance data ("Usage Data"). Mark43 may use Usage Data to deliver and manage
its products and services, perform maintenance and support, and develop, test, analyze, and improve
the Services and other Mark43 products and services, and generate statistical data about usage of
its products and services. As between Mark43 and Subscriber, Mark43 owns the Usage Data.
3.5 Data Security. Terms applicable to the privacy and security of Subscriber Data are set forth in the
Data Processing Addendum attached as Schedule E hereto (the "Data Processing Addendum").
4. THIRD -PARTY COMPONENTS AND INTEGRATED APPLICATIONS.
4.1 Third -Party Components. Third -Party Components may be made available to Subscriber through
the SaaS Services. In connection with the functionality provided by and/or through Third -Party
Components, Subscriber hereby accepts and agrees to be bound by the terms and conditions set
forth in Schedule D, which may be updated from time to time upon notice (email acceptable) to
Subscriber (the "Third -Party Component Terms"). In the event of any inconsistency or conflict
between the Third -Party Component Terms and the terms of this Agreement, the Third -Party
Component Terms shall govern with respect to Subscriber's access to and use of the applicable
Third -Party Component.
4.2 Integrated Applications. To the extent Subscriber installs, links to or enables any Integrated
Application for use with the SaaS Services, Subscriber grants and agrees to grant (and will cause
the applicable Integrated Application Provider to grant) to Mark43 permission to access, retrieve,
view, store, copy, modify and process Integrated Application Data from Subscriber's existing
account(s) on each such Integrated Application to the extent necessary to facilitate the interoperation
of such Integrated Application with the SaaS Services. To the extent Subscriber requires an
Integrated Application Provider's assistance to install, link to or enable any Integrated Application for
use with the SaaS Services, Subscriber shall separately contract with each such Integrated
Application Provider for any such assistance. In no event will Mark43 be responsible for any
Integrated Application or Integrated Application Data, or for any failure of an Integrated Application
to properly interoperate with the SaaS Services; provided, however, to the extent that Mark43
creates, pursuant to the Statement of Work, an interface for an Integrated Application hereunder,
Mark43 shall be responsible for such interface only, subject to the terms and conditions of this
Agreement and the applicable Statement of Work. Mark43 may at any time, in its sole reasonable
discretion, including upon the request of an Integrated Application Provider or due to an actual or
potential security threat, disable any connection between an Integrated Application and the
Applications, and any access, retrieval and viewing of Integrated Application Data via the
Applications. For the avoidance of doubt, Subscriber's access to and use of Integrated Applications
and Integrated Application Data shall be subject to the terms and conditions of Subscriber's
agreement(s) with the applicable Integrated Application Provider.
5. FEES AND PAYMENT TERMS.
5.1 Fees for the Services. Subscriber will pay the fees as stated in Schedule F (the "Fees") attached
hereto in accordance with the payment schedule set forth in Schedule F. All Fees due hereunder
will be due and payable by Subscriber within thirty (30) days of the invoice date. All payments of
Fees are non-refundable. All amounts stated in this Agreement or on any invoice are in U.S. dollars,
and all payments will be made in U.S. dollars.
5.2 Overdue Payments. Any payment not received from Subscriber by the due date shall accrue late
charges at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by
Applicable Law, whichever is lower, from the date such payment was due until the date paid.
5.3 Taxes. Subscriber will pay all taxes, including sales, use, excise, and other governmental fees,
duties, and charges (and any penalties, interest, and other additions thereto) that are imposed on
Subscriber or Mark43 with respect to the transactions and payments under this Agreement (excluding
taxes based on Mark43's income or employment) ("Indirect Taxes"). All Fees are exclusive of
Indirect Taxes. If any such taxes are required to be withheld on any payment, Subscriber will pay
such additional amounts as are necessary so that the net amount received by Mark43 is equal to the
amount then due and payable under this Agreement.
6. TERM AND TERMINATION.
6.1 Term.
(a) Initial Term. The initial term of this Agreement begins on the Effective Date and will continue for
the period set forth on Schedule F, unless and until terminated in accordance with Section 6.2
(the "Initial Term").
(b) Renewal Terms. Upon expiration of the Initial Term or any Renewal Term, this Agreement will
automatically renew for successive periods as set forth on Schedule F (each, a "Renewal Term")
at the rates set forth on Schedule F, unless either party provides the other with written notice of
non -renewal at least thirty (30) days prior to the expiration of the then -current term.
6.2 Temporary Suspension and Termination.
(a) Termination for Breach by Either Party. Either party may terminate this Agreement upon written
notice to the other party, if the other party breaches a material term of this Agreement and such
breach remains uncured for thirty (30) days after the other party's receipt of such notice.
(b) Suspension of Services. To the extent permitted by Applicable Law, in addition to any other rights
or remedies it may have under this Agreement or by Applicable Law, Mark43 may immediately
suspend provision of the Services without liability to Subscriber: (a) if Subscriber's account is
more than sixty (60) days past due, until paid in full; (b) if Subscriber breaches Section 2.5
(Restrictions on Use) or Section 2.6 (Security Obligations); (c) to avoid harm or liability to Mark43,
its Affiliates or its other customers, including in the case of denial of service attacks or other
disruptions; or (d) if required by Applicable Law or requested by a governmental authority.
Subscriber shall remain liable for any fees and other amounts payable under this Agreement
during any period of suspension. Mark43 will use commercially reasonable efforts to restore
Subscriber's rights to use and access those portions of the Services or accounts that gave rise to
the suspension promptly after Subscriber has resolved the problem giving rise to the suspension.
(c) Termination for Non -Appropriation. Subscriber's payment obligation under this Agreement
extends only to funds appropriated annually by Subscriber or Subscriber's governing body for the
purpose of this Agreement. For each succeeding fiscal period covered by this Agreement,
Subscriber or other applicable agency or department responsible for this Agreement agrees to
include in its budget request appropriations sufficient to cover the annual financial obligations
under this Agreement. If Subscriber is appropriated insufficient funds to continue annual
payments under this Agreement, Subscriber may terminate this Agreement by giving Mark43 not
less than thirty (30) days' prior written notice. Upon termination under this paragraph, Mark43
shall be entitled to compensation for all Services rendered prior to the effective termination date,
plus any prepaid Fees, as well as reimbursement for reasonable costs actually incurred in closing
out this Agreement.
6.3 Effect of Termination. In the event of any termination or expiration of this Agreement,
(a) Subscriber will pay Mark43 all amounts payable hereunder as of the termination or expiration
date;
(b) all rights and licenses granted hereunder to Subscriber (as well as all rights granted to any
Authorized Users of Subscriber) will immediately cease, including but not limited to all use of the
SaaS Services; and
(c) Mark43 will provide records to Subscriber in accordance with its transition assistance services
("Transition Assistance") as set forth in Schedule B.
(d) Subscriber will, upon written request of Mark43, either return to Mark43 or provide Mark43 with
written certification of the destruction of, all documents, computer files and other materials
containing any Confidential Information of Mark43 that are in Subscriber's possession or control.
6.4 Survival. The following provisions will survive any termination or expiration of this Agreement:
Section 3.1 ("Ownership of Subscriber Data"), Section 4 ("Third -Party Components and Integrated
Applications"), Section 6.3 ("Effect of Termination"), Section 7 ("Confidentiality"), Section 8.2
("Disclaimer"), Section 9 ("Limitation of Liability"), Section 10 ("Indemnification"), Section 11
("Miscellaneous"), Schedule B ("Transition Assistance") and this Section 6.4 ("Survival").
7. CONFIDENTIALITY.
7.1 Definition of Confidential Information. For the purposes of this Agreement, "Confidential
Information" means: (a) with respect to Mark43, the SaaS Services, and any and all source code
relating thereto, as well as Documentation and non-public information or material regarding Mark43's
legal or business affairs, financing, customers, properties or data, and (b) with respect to Subscriber,
any non-public information or material regarding Subscriber's legal or business affairs, financing,
customers, properties or data. Notwithstanding any of the foregoing, Confidential Information does
not include information which: (i) is or becomes public knowledge without any action by, or
involvement of, the party to which the Confidential Information is disclosed (the "Receiving Party");
(ii) is documented as being known to the Receiving Party prior to its disclosure by the other party (the
"Disclosing Party"); (iii) is independently developed by the Receiving Party without reference or
access to the Confidential Information of the Disclosing Party and is so documented; or (iv) is
obtained by the Receiving Party without restrictions on use or disclosure from a third person who did
not receive it, directly or indirectly, from the disclosing party.
7.2 Use and Disclosure of Confidential Information. The Receiving Party will, with respect to any
Confidential Information disclosed by the Disclosing Party before or after the Effective Date: (i) use
such Confidential Information only in connection with the Receiving Party's performance of this
Agreement; (ii) subject to Section 7.4 below, restrict disclosure of such Confidential Information within
the Receiving Party's organization to only those of the Receiving Party's employees and independent
contractors who have a need to know such Confidential Information in connection with the Receiving
Party's performance of this Agreement and (iii) except as provided herein, not disclose such
Confidential Information to any third party unless authorized in writing by the Disclosing Party to do
SO.
7.3 Protection of Confidential Information. The Receiving Party will protect the confidentiality of any
Confidential Information disclosed by the Disclosing Party using at least the degree of care that it
uses to protect its own confidential information (but no less than a reasonable degree of care).
7.4 Employee and Independent Contractor Compliance. The Receiving Party will, prior to providing
any employee or independent contractor access to any Confidential Information of the Disclosing
Party, inform such employee or independent contractor of the confidential nature of such Confidential
Information and require such employee or independent contractor to comply with the Receiving
Party's obligations hereunder with respect to such Confidential Information.
7.5 Compelled Disclosure. A disclosure by one party of Confidential Information of the other party to
the extent required by Applicable Law will not be considered a breach of this Agreement, provided
the party so compelled promptly provides the other party with prior notice of such compelled
disclosure (to the extent legally permitted) and provides reasonable assistance, at the other party's
cost, if the other party wishes to contest the disclosure.
7.6 Public Records.
(a) For purposes of this Section 7 (Confidentiality), the term "Public Records Request" shall mean
any request for the disclosure of records pursuant to a state public records law or "sunshine" law,
federal Freedom of Information Act or other comparable law.
(b) To the extent Subscriber is subject to a Public Records Request that seeks the disclosure of any
information or materials provided by Mark43 to Subscriber prior to or during the Term (including
without limitation this Agreement), Subscriber shall, prior to any disclosure, promptly notify
Mark43 of such Public Records Request (to the extent legally permitted to do so) and provide
reasonable assistance, at Mark43's cost, if Mark43 wishes to contest the disclosure. Subscriber
shall also identify for Mark43 the information or materials it intends to disclose, and provide
Mark43 at least ten (10) days to review prior to disclosure, or if such time is not available or
permitted under Applicable Law, at least as much time as would be reasonable to allow Mark43
to meaningfully review and seek appropriate relief. For the avoidance of doubt, and without
limiting the foregoing, Subscriber hereby acknowledges that Mark43 shall have no implicit or
explicit obligation to challenge, oppose or defend against any request described herein.
(c) Mark43 may charge Subscriber for all reasonable time spent by Mark43 personnel assisting
Subscriber in responding to a Public Records Request seeking the disclosure of any Subscriber
Data or other information collected or maintained by Mark43 in connection with the SaaS
Services.
7.7 CJIS Standards; Employee Background Checks.
(a) Subscriber understands and agrees that Mark43 utilizes third -party vendors (each, a "Hosting
Provider") to host the SaaS Services. As of the Effective Date of this Agreement, Mark43 utilizes
Amazon Web Services (AWS) as its Hosting Provider for the SaaS Services.
(b) Subscriber may request reasonable records from Mark43 from time to time to assess Mark43's
adherence to requirements of the applicable CJIS Security Policy promulgated by the FBI. For
the avoidance of doubt, Subscriber may need the consent of Hosting Provider to obtain any
records or information from Hosting Provider.
(c) Subscriber, or if Subscriber is located in the State of California, Mark43's CLETS host agency,
will have the opportunity to run background checks on Mark43 employees that will have direct
access to Subscriber Data in the production environment (such employees, the "Covered
Employees"), provided that Mark43 may assume that a Covered Employee has been cleared by
Subscriber if Mark43 does not receive an adverse response from Subscriber within thirty (30)
days of a submission of a background check request.
8. REPRESENTATIONS AND WARRANTIES.
8.1 Power and Authority. Each party represents and warrants that it has the full right, power and
authority to enter into this Agreement and to discharge its obligations hereunder and that the person
signing this Agreement on behalf of the parry has the authority to bind that party. Subscriber
represents and warrants that it has obtained, and shall have, all necessary approvals, consents, and
authorizations necessary for procurement under this Agreement and that its obligations under this
Agreement do not, and shall not, exceed any budget authority limitations, during the Term of this
Agreement.
8.2 Disclaimer. USE OF THE APPLICATIONS IS NOT, AND IS NOT INTENDED TO BE, A
SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF AUTHORIZED PARTIES, INCLUDING
DISPATCHERS, LAW ENFORCEMENT OFFICERS, INVESTIGATORS OR FIRST RESPONDERS.
THE APPLICATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND THE
DATA PROVIDED BY MARK43 THEREIN (INCLUDING ANY THIRD -PARTY DATA) SHOULD NOT
REPLACE OTHER EMERGENCY INFORMATION AND SHOULD NOT BE EXCLUSIVELY RELIED -
UPON IN AN EMERGENCY SCENARIO. SUBSCRIBER SHALL BE RESPONSIBLE FOR ALL ITS
OWN ACTIONS OR FAILURE TO ACT IN CONNECTION WITH THE APPLICATIONS, INCLUDING
WITH RESPECT TO COMPLIANCE WITH APPLICABLE LAWS, AND MARK43 ASSUMES NO
RESPONSIBILITY OR RISK FOR SUBSCRIBER'S USE OR MISUSE OF, OR FAILURE TO USE,
THE INFORMATION PROVIDED THROUGH THE APPLICATIONS. CUSTOMER
ACKNOWLEDGES THAT THE APPLICATIONS DO NOT PROVIDE LEGAL ADVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARK43 MAKES NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE WITH RESPECTTO THE
APPLICATION. MARK43 DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE
OR UNINTERRUPTED OR THAT SUBSCRIBER DATA WILL BE SECURE OR NOT LOST OR
DAMAGED. THE LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE
WARRANTIES PROVIDED TO SUBSCRIBER IN CONNECTION WITH THE PROVISION OF THE
SERVICES. MARK43 SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE
FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC
COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE ITS REASONABLE CONTROL,
INCLUDING ANY HARM OR DAMAGES CAUSED BY ITS HOSTING PROVIDERS. MARK43
MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO ANY
THIRD -PARTY DATA, THIRD -PARTY COMPONENT, INTEGRATED APPLICATION, OR ON
BEHALF OF ANY INTEGRATED APPLICATION PROVIDER.
9. LIMITATION OF LIABILITY.
9.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
MARK43-S (OR MARK43-S THIRD -PARTY LICENSORS') TOTAL AND AGGREGATE LIABILITY
ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR
OTHERWISE, EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY SUBSCRIBER TO
MARK43 PURSUANT TO THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD
IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ARISES. THE FOREGOING
LIMITATION IS CUMULATIVE, WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES BEING
AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT, AND THE EXISTENCE OF ONE
OR MORE CLAIMS WILL NOT ENLARGE THAT LIMIT.
9.2 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL, PERSONAL INJURY OR PROPERTY DAMAGES,
HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF
DATA RECONSTRUCTION OR COST OR PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RELATED
TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE
THE SERVICES, SOFTWARE OR PROFESSIONAL SERVICES, ANY INTERRUPTION,
INACCURACY, ERROR OR OMISSION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE
BEING SOUGHT OR SUCH PARTY'S LICENSORS OR SUBCONTRACTORS HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
9.3 Exceptions. NOTWITHSTANDING THE FOREGOING, THE EXCLUSIONS AND LIMITATIONS OF
LIABILITY SET FORTH IN SECTION 9.1 AND SECTION 9.2 SHALL NOT APPLY TO DAMAGES
ARISING FROM EITHER PARTY'S INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT OR
EITHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
10. INDEMNIFICATION.
10.1 Indemnification by Mark43. Mark43 shall indemnify Subscriber, and its employees, officers, and
directors against any third -party claim alleging that Subscriber's use of the Services in the form
provided by Mark43 and when used in accordance with the Documentation and in compliance with
this Agreement infringes that third party's U.S. copyright, U.S. patent issued as of the Effective Date,
or U.S. trademark, and shall pay the amount of any adverse final judgment or settlement to which
Mark43 consents. Mark43 shall have no obligation or liability under this Section 10.1 (Indemnification
by Mark43) to the extent the third party claim arises from: (a) Subscriber's or its Affiliates' failure to
incorporate a software or other update or upgrade made available by Mark43 that would have
avoided the alleged infringement; (b) modification of the Services, any Application, Software or
Hardware by anyone other than Mark43; (c) specifications, instructions, features, functions or
designs or other elements provided by or requested by Subscriber or its Affiliates; (d) use of the
Services, any Application or Software in combination with any other product, service, process or
material not provided by Mark43 (including, without limitation, Third -Party Applications, Third -Party
Data and Subscriber Data); or (e) use of the Services, any Application or Software in a manner not
contemplated by this Agreement. If the Services are (or Mark43 believes are likely to become) the
subject of a claim for which Mark43 would be obligated to defend and indemnify pursuant to this
Section, then Mark43 may, at its sole option, obtain for Subscriber the right to continue use of the
Services or replace or modify the Services, as applicable, provided there is no material loss of
functionality. If neither of the foregoing options is reasonably available to Mark43, in its judgment,
then use of the Services may be terminated at the option of Mark43 and Mark43's sole liability will
be to refund any prepaid fees for the Services applicable to periods following the effective date of
termination. The remedies provided in this Section 10.1 (Indemnification by Mark43), are
Subscriber's sole and exclusive remedies for any third -party claims of infringement or
misappropriation of Intellectual Property Rights by the Services.
10.2 Indemnification by Subscriber. To the extent consistent with Applicable Law, Subscriber shall
indemnify Mark43, its Affiliates, and their respective employees, officers, and directors against any
third -party claim arising out of or related to (a) Subscriber's breach of Section 2.5 (Restrictions on
Use), Section 2.6 (Security Obligations) or Section 3.2 (Ownership and Reservation of Rights to
Mark43 Intellectual Property); (b) Integrated Applications or Subscriber Data, including any third -
party claim alleging that Subscriber Data infringes or misappropriate the rights of a third party or
violates any Applicable Law, and shall pay the amount of any adverse final judgment or settlement
to which Subscriber consents; and (c) Mark43's disabling a connection to an Integrated Application
at Subscriber's request.
10.3 Procedures. Each party shall give the other party prompt notice of any claim to which an
indemnification obligation under this Section 10 (Indemnification) may apply and shall reasonably
cooperate with the indemnifying party, at its expense, in the defense or settlement of any claim. An
indemnifying party's payment obligations under this Section 10 (Indemnification) will be diminished
to the extent that it is materially prejudiced by the indemnified party's non-compliance with the
foregoing procedures.
11. MISCELLANEOUS.
11.1 Sole Source Procurement. Subscriber represents that it has complied with all state and local laws
related to this sole source award to Mark43. In addition, Subscriber represents that it has followed
all sole source procedures, including any applicable public notice requirements, related to the award
of this Agreement.
11.2 Notices. Unless otherwise specified herein, all notices and other communications between the
parties required or permitted by this Agreement or by Applicable Law, will be deemed properly given,
if given by (i) personal service, (ii) registered or certified mail, postage prepaid, return receipt
requested, or (iii) nationally recognized private courier service, to the respective addresses of the
parties set forth below or such other addresses as the respective parties may designate by like notice
from time to time. Notices so given will be effective upon (a) receipt by the party to which notice is
given; or (b) on the fifth (5th) business day following mailing, whichever occurs first:
If to Mark43:
Mark43, Inc.
250 Hudson Street
V Floor
New York, NY 10013
Attn: David Jochim
Email: dave@mark43.com
Copy to:
Mark43, Inc.
250 Hudson Street
31 Floor
New York, NY 10013
Attn: General Counsel
Email: contractnotices@mark43.com
If to Subscriber:
Atascadero Police Department
5505 EI Camino Real
Atascadero, CA 93422
Attn: Robert Masterson
Email: rmasterson@atascadero.org
Copy to:
City of Atascadero
6500 Palma Ave
Atascadero, CA 93422
Attn: City Clerk
Email: cityclerk@atascadero.org
11.3 Assignment. Neither party may assign or otherwise transfer any of its rights or obligations under
this Agreement without the prior, written consent of the other party; provided, however, that a party
may, without the consent of the other party, assign or otherwise transfer this Agreement to any of its
Affiliates or to an entity with or into which it is merged or consolidated or to which it sells its stock or
other equity interests or all or substantially all of its assets. Any assignment or other transfer in
violation of this section will be null and void. Subject to the foregoing, this Agreement will be binding
upon and inure to the benefit of the parties hereto and their permitted successors and assigns.
11.4 Governing Law. This Agreement will be governed by the internal laws of the state in which
Subscriber is geographically located, and any disputes between the parties may be resolved in a
state or federal court of competent jurisdiction within such state. EACH PARTY HEREBY WAIVES
ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY
WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT.
11.5 Dispute Resolution. Prior to the initiation of any legal proceeding other than one for equitable relief
as described in subsection (d) below, the parties shall first attempt to resolve their dispute informally,
as follows:
(a) Within five (5) business days following the written request of a party, designated individual(s) from
Mark43 and Subscriber shall meet to resolve such dispute.
(b) The representatives referred to in paragraph (a) shall meet as often as the parties reasonably
deem necessary in order to gather and furnish to the other all information with respect to the
matter at issue that the parties believe to be appropriate and germane in connection with its
resolution. The representatives shall discuss the problem and negotiate in good faith in an effort
to resolve the dispute without the necessity of formal legal proceedings. The specified format for
the discussions will be left to the discretion of the designated representatives, but may include
the preparation of agreed upon statements of fact or written statements of position.
(c) If the representatives referred to in paragraph (a) above are unable to resolve the dispute within
thirty (30) business days after the dispute is escalated to them, then either party may escalate the
dispute to the Chief Operating Officer of Mark43 and the Chief or Sheriff or comparable Subscriber
official, for their review and resolution.
(d) The provisions of this Section 11.4 shall not be construed to prevent a party from instituting, and
a party is authorized to institute, judicial or other proceedings either to (i) seek injunctive relief or
(ii) avoid the expiration of any applicable legal or contractual limitations period.
11.6 Force Majeure. Except with respect to failure to pay any amount due under this Agreement,
nonperformance of either party will be excused to the extent that performance is rendered impossible
by strike, fire, flood, governmental acts that are not caused by or within the control of the
nonperforming party, orders or restrictions, failure of suppliers, or any other reason where failure to
perform is beyond the control and not caused by the negligence of the non-performing party.
11.7 No Waiver. The failure of either party to enforce at any time for any period any provision hereof will
not be construed to be a waiver of such provision or of the right of such party thereafter to enforce
each such provision, nor shall any single or partial exercise of any right or remedy hereunder preclude
any other or further exercise thereof or the exercise of any other right or remedy. No waiver of any
rights is to be charged against any party unless such waiver is in writing signed by an authorized
representative of the party so charged.
11.8 Amendment. No modification, change or amendment to this Agreement shall be effective unless in
writing signed by Subscriber and Mark43. No term included in any invoice, estimate, confirmation,
acceptance, purchase order or any other similar document in connection with this Agreement will be
effective unless expressly stated otherwise in a separate writing signed by Subscriber and Mark43.
11.9 Relationship of the Parties. The relationship of the parties established by this Agreement is that of
independent contractors and nothing contained herein will be construed to (a) give any party any
right or authority to create or assume any obligation of any kind on behalf of any other party or
(b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint
or common undertaking.
11.10 Subcontracting. Mark43 may draw on the resources of (and subcontract to) its Affiliates and third -
party contractors and subcontractors, within or outside of the United States (each, a "Mark43
Vendor') for internal, administrative and compliance purposes or in connection with the hosting or
provision of the Service and other products and services to be provided by Mark43 pursuant to this
Agreement. Subscriber agrees that Mark43 may provide information, data and materials that Mark43
receives in connection with this Agreement (including Subscriber Data) to the Mark43 Vendors for
such purposes. Mark43 shall be permitted to subcontract its obligations under this Agreement to the
Mark43 Vendors identified on Schedule F as "Subcontractors" or such other subcontractors as
approved in advance by Subscriber (each, a "Subcontractor"). Mark43 shall be responsible in
accordance with the terms of this Agreement for performance failures by such Subcontractors that
cause Mark43 to breach its obligations under this Agreement.
11.11 Severability. Any term or provision of this Agreement that is invalid or unenforceable in any
jurisdiction will, to the extent the economic benefits conferred thereby to the parties remain
substantially unimpaired, be ineffective to the extent of such invalidity or unenforceability without
rendering invalid or unenforceable the remaining terms and provisions or affecting the validity or
enforceability of any of such terms or provisions in any other jurisdiction.
11.12 Headings. The titles and headings contained in this Agreement are for reference purposes only and
shall not in any manner limit the construction or interpretation of this Agreement.
11.13 Counterparts. This Agreement may be executed, including by electronic signature, in two or more
counterparts, each of which shall be an original and all such counterparts together shall constitute
one and the same instrument. Electronically executed or electronically transmitted (including via
facsimile transmission) signatures have the full force and effect of original signatures.
11.14 Cumulative Remedies. All remedies for breach of this Agreement are cumulative, and may be
exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an
election of such remedy to the exclusion of other remedies.
11.15 Export Compliance. In connection with this Agreement, each parry will comply with all applicable
import, re -import, export, and re-export control laws and regulations, including the Export
Administration Regulations, the International Traffic in Arms Regulations, and country -specific
economic sanctions programs implemented by the Office of Foreign Assets Control.
10
11.16 Compliance with Laws. Each party shall comply with all Applicable Laws relating or pertaining to
the use of the Services. Subscriber shall ensure that its use of all Subscriber Data complies with all
Applicable Laws relating to the privacy of third parties or the protection of their personal data
promulgated by any governmental, municipal, or legal authority having jurisdiction over Subscriber
or the Subscriber Data covered by this Agreement. Each party shall comply with local anti -bribery
laws as well as the U.S. Foreign Corrupt Practices Act, as well as any other Applicable Laws and
regulations. In connection with its performance under this Agreement, neither party shall directly or
indirectly: (A) offer, pay, promise to pay, or authorize the payment of any money, gift or other thing
of value to any person who is an official, agent, employee, or representative of any government or
instrumentality thereof or to any candidate for political or political party office, or to any other person
while knowing or having reason to believe that all or any portion of such money, gift or thing of value
will be offered, given, or promised, directly or indirectly, to any such official, agent, employee, or
representative of any government or political party, political party official or candidate; (B) offer,
promise or give any person working for, or engaged by, the other party a financial or other advantage
to (i) induce that person to perform improperly a relevant function or activity; or (ii) reward that person
for improper performance of a relevant function or activity; or (C) request, agree to receive or accept
any financial or other advantage as an inducement or a reward for improper performance of a relevant
function or activity in connection with this Agreement. Each party represents and warrants that it shall
be responsible for compliance with this provision by all third parties engaged by it to perform services
related to this Agreement and shall require that such third parties agree to comply with all legal
requirements required of such party under this Agreement.
11.17 Entire Agreement. This Agreement supersedes all previous understandings, agreements and
representations between the parties, written or oral and constitutes the entire agreement and
understanding between the parties with respect to the subject matter thereof and incorporates all
representations, warranties, covenants, commitments and understandings on which they have relied
in entering into this Agreement, and, except as provided for herein, neither party makes any covenant
or other commitment concerning its future action nor does either party make any promises,
representations, conditions, provisions or terms related thereto.
11.18 Supporting Documents.
The following documents are, by this reference, expressly incorporated into this Agreement and are
collectively referred to herein as the "Supporting Documents:"
• Schedule A: Support Services
• Schedule B: Transition Assistance
• Schedule C: Technical Requirements
• Schedule D: Third -Party Component Terms
• Schedule E: Data Processing Addendum
• Schedule F: Order Form
This Agreement and the Supporting Documents shall be construed to be mutually complementary
and supplementary whenever possible. In the event of a conflict that cannot be resolved, the
provisions of this Agreement itself shall control over any conflicting provisions in any of the Supporting
Documents.
11
IN WITNESS WHEREOF, the parties have
representatives.
MARK43, INC. J
By.
Name: S1'J��1 S�e(
Title: �.•V�
Date: a Ll 1 a Ja a
caused this Agreement to be executed by their duly authorized
SUBSCRIBER
C')
Name: Rachelle Rickard
Title: City Manager
Date: !i• —1
By:
Name: Brian Pierik
Title: City Attorney
Date:
By: <)�,
Name Lara CAristensen
Title: City Clerk
Date:
12
WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
representLives.
MARK4I INC.
gy,
Name:
Title:
nates. 1 11 ' oa Jac
SUBSCRIBER
Name: Rachelle Rickard
Title: City Manager
Date:
By: �L A -
Name: Brian Pierik
Title: City Attorney
Date: February 2, 2022
Name: Lara Christensen
Title: City Clerk
Date:
12
SCHEDULE A
Support Services
1. Support Services.
a. Error Reporting
When reporting a failure of the Services to perform substantially in conformance with this Agreement (an
"Error"), Subscriber shall use the phone number, email address, or Mark43 Support Portal URL identified in
this Agreement (or otherwise provided to Subscriber by Mark43 from time to time, including by email) during
the hours of support set forth herein.
Subscriber personnel submitting support requests must be reasonably trained in the use and functionality of
the Services and familiar with this Agreement and, before submitting a support request to Mark43 hereunder,
must use reasonable efforts to ensure a perceived Error is not due to a problem with Subscriber's (or its other
third -party providers') equipment, systems, software or connectivity or due to improper, non -conforming or
unauthorized use of the Services by or on behalf of Subscriber.
Subscriber will include with each support request, further detailed in subsection (d) below: (i) Subscriber's
initial assessment of the Response Priority (including identification of the Error and the approximate
percentage of Authorized Users impacted); (ii) sufficient information to enable Mark43 to identify and replicate
the Error; and (iii) contact information for Subscriber personnel familiar with the Error who will be available to
Mark43 to assist with resolution of the Error on an ongoing basis until the Error is resolved.
b. Response Priority Determination
Mark43 will validate Subscriber's Response Priority designation, or notify Subscriber of its Response Priority
designation if it is different than Subscriber's. If requested, Mark43 will provide Subscriber with the basis of its
determination. In the event of a conflict regarding the appropriate Response Priority designation, each party
shall promptly escalate such conflict for resolution by the parties' management, during which time the parties
shall continue to handle the support issue in accordance with the Mark43 Response Priority designation. In
the rare case that a conflict requires a management discussion, both parties shall be available within one hour
of the escalation.
c. First Response, Resolution, and Updates
Upon notification by Subscriber of an Error in accordance with this Schedule and subject to Mark43's
identification and replication of the Error, Mark43 will respond to each case in accordance with the First
Response Times and Communication Commitments described in the charts below. First Response Time is
the period from the time the Error was logged with the Mark43 Support Team until Mark43 responds to
Subscriber (and escalates within Mark43, if appropriate). A first response is defined as a non -automatic means
where an agent will reach out to gather additional details and may not include a solution or workaround.
Because of the widely varying nature of issues, it is not possible to provide specific resolution commitments.
Actual resolution time will depend on the nature of the case and the resolution itself. Resolution methods are
defined below. A resolution may consist of a fix, workaround, delivery of information, or other commercially
reasonable solutions to the issue.
d. Subscriber's Obligations
Mark43's provision of the support services described in this Schedule is subject to Subscriber cooperating
fully and on a timely basis with reasonable requests of Mark43 for accurate information and access to
Subscriber personnel with sufficient availability and knowledge to enable Mark43 to provide the support
services, including accurate information and assistance reasonably required to detect, replicate, and correct
Errors. In the event Mark43's response, resolution, or update times are negatively impacted by delayed
responses by Subscriber personnel or Subscriber's failure to otherwise comply with its obligations under this
Schedule, timeframes will be extended.
13
First Response Commitment
Red
Orange
Yellow
1 hour
24/7
2 hours
8am - 8pm EST, 7 days
8 hours
Sam - 8pm EST M -F
Communication Commitment
Priority Definitions
• Red - An Error due to Mark43's systems that results in the inoperability or substantial impairment of
a core function for the majority of Subscriber's Authorized Users, provided there is no feasible
workaround. Examples include: Authorized Users cannot access the Application; CAD units cannot
be dispatched; reports cannot be created.
• Orange - An Error due to Mark43's systems that results in the inoperability or substantial impairment
of a critical workflow for the majority of Subscriber's Authorized Users, provided there is no feasible
workaround. Examples include: significant lagging/slowness; inability to process persons in custody;
inability to export reports or cases for same or next day court deadlines; inability to submit reports.
• Yellow- An Error due to Mark43's systems for which a reasonable workaround is available.
• None - There are a number of low -impact issues, how-to questions, and feature requests that do not
fall into one of the categories above and are not subject to the outlined First Response or
Communication Commitments.
Issue Escalation & Resolution Methods: Customer -reported issues are escalated within Mark43 by a well-
defined internal process. Mark43 works to resolve issues based on the issue severity/impact, by employing
one or more of the following methods:
• Providing client with a reasonable workaround
• Adjusting system/hosting configurations or setup
• Direct database modifications
• Releasing a fix out -of -cycle (patching)
• Releasing a fix as part of the regular release cycle
• Other commercially reasonable solution
Subscriber will be notified of status changes either through Mark43's status page and/or via email updates in
a support ticket.
2. Service Level Agreement. Mark43 shall provide the Applications in accordance with the following service levels
("SLA").
14
Red
Orange
Yellow
Status page
A status update will be
n/a
n/a
updates
posted as soon as Mark43 is
notified and updated every
30 minutes thereafter until
resolved.
Email/phone
After initial Mark43 response,
After initial Mark43 response,
After initial Mark43 response,
updates
within 1 hour of any
within 1 business day of any
within 2 business days of any
additional client questions
additional client questions
additional client questions
about the same issue until
until issue is resolved.
until issue is resolved.
resolved.
Client will receive notification
Client will receive notification
via email once the issue fix
via email once the issue has
has been scheduled and
been fixed.
again when the issue has
been fixed.
Priority Definitions
• Red - An Error due to Mark43's systems that results in the inoperability or substantial impairment of
a core function for the majority of Subscriber's Authorized Users, provided there is no feasible
workaround. Examples include: Authorized Users cannot access the Application; CAD units cannot
be dispatched; reports cannot be created.
• Orange - An Error due to Mark43's systems that results in the inoperability or substantial impairment
of a critical workflow for the majority of Subscriber's Authorized Users, provided there is no feasible
workaround. Examples include: significant lagging/slowness; inability to process persons in custody;
inability to export reports or cases for same or next day court deadlines; inability to submit reports.
• Yellow- An Error due to Mark43's systems for which a reasonable workaround is available.
• None - There are a number of low -impact issues, how-to questions, and feature requests that do not
fall into one of the categories above and are not subject to the outlined First Response or
Communication Commitments.
Issue Escalation & Resolution Methods: Customer -reported issues are escalated within Mark43 by a well-
defined internal process. Mark43 works to resolve issues based on the issue severity/impact, by employing
one or more of the following methods:
• Providing client with a reasonable workaround
• Adjusting system/hosting configurations or setup
• Direct database modifications
• Releasing a fix out -of -cycle (patching)
• Releasing a fix as part of the regular release cycle
• Other commercially reasonable solution
Subscriber will be notified of status changes either through Mark43's status page and/or via email updates in
a support ticket.
2. Service Level Agreement. Mark43 shall provide the Applications in accordance with the following service levels
("SLA").
14
a. Monthly Uptime Commitment.
Following Cutover to the applicable In -Scope Application, Mark43 will use commercially reasonable efforts to
make the In -Scope Application available with the Monthly Uptime Percentage corresponding to that
Application (the "Uptime Commitment"), as follows:
• RMS Application: Mark43 will use commercially reasonable efforts to achieve a Monthly Uptime
Percentage for the Mark43 RMS Application of no less than 99.90% in any calendar month.
• CAD Application: Mark43 will use commercially reasonable efforts to achieve a Monthly Uptime
Percentage for the Mark43 CAD Application of no less than 99.95% in any calendar month.
For each In -Scope Application, the "Monthly Uptime Percentage" is calculated as set forth below by
subtracting from one hundred percent (100%) the percentage of minutes during the month in which the In -
Scope Application experienced Downtime.
Monthly Uptime Percentage = (100) — ((minutes of Downtime * 100) / (total minutes in month))
b. Service Credit Calculation.
Subject to the SLA Exclusions, if Mark43 does not achieve the Uptime Commitment in any given month due
to Downtime, Subscriber may be eligible for credits as described herein (the "Service Credits"), as follows:
• RMS Application: If Mark43 does not achieve the Uptime Commitment for the RMS Application,
Subscriber will (to the extent legally permitted) be eligible pursuant to the terms of this SLA to
receive a credit equal to ten (10) times the amount paid for the RMS Application in respect of the
period in which the actual RMS Downtime for the month exceeded the RMS Downtime allowable
within the Uptime Commitment, up to a maximum credit of 25% of one month's subscription fee
paid in consideration for the RMS Application, as illustrated here:
RMS Service Credit = (10) * ((1/12) * annual subscription fee) * ((% of Downtime) — (0.10%))
• CAD Application: If Mark43 does not achieve the Uptime Commitment for the CAD Application,
Subscriber will (to the extent legally permitted) be eligible pursuant to the terms of this SLA to
receive a credit equal to ten (10) times the amount paid for the CAD Application in respect of the
period in which the actual CAD Downtime for the month exceeded the CAD Downtime allowable
within the Uptime Commitment, up to a maximum credit of 25% of one month's subscription fee
paid in consideration for the CAD Application, as illustrated here:
CAD Service Credit = (10) * ((1/12) * annual subscription fee) * ((% of Downtime) — (0.05%))
c. Requesting Service Credits.
In order to receive a Service Credit, Subscriber must notify Mark43 in writing at 250 Hudson Street, 3rd
Floor, New York, NY 10013, Attn: Accounting, with a copy to accounting@mark43.com, or such other
address provided by Mark43 from time to time, within fifteen (15) days following the end of the month in
which the Downtime occurred. Claims must include the words "SLA Credit Request" in the subject line; the
dates and times of each Downtime incident that Subscriber is claiming occurred; and any documentation to
corroborate Subscriber's claim of Downtime, ensuring removal or redaction of any confidential or sensitive
information in these logs. All claims are subject to review and verification by Mark43 prior to any Service
Credits being granted. Mark43 will acknowledge requests for Service Credits within fifteen (15) business
days of receipt and will inform Subscriber whether such claim request is approved or denied.
If Mark43 confirms that the Uptime Commitment has not been met in the applicable calendar month,
Subscriber will be issued a Service Credit within one billing cycle following the month in which Subscriber's
request is confirmed by Mark43. Subscriber's failure to provide the request and other information as
required above will disqualify Subscriber from receiving a Service Credit. Service Credits will not entitle
Subscriber to any refund or other payment from Mark43 and are non -transferable. The parties acknowledge
and agree that Service Credits are intended as genuine pre -estimates of loss that may be suffered as a
result of any failure to achieve Uptime Commitments and will not be deemed to be penalties. To the extent
legally permitted, the issuance of a Service Credit by Mark43 hereunder is Subscriber's sole and exclusive
remedy for any failure by Mark43 to satisfy the Uptime Commitment.
d. Additional Definitions.
"Downtime" with respect to any single In -Scope Application means time in which the Application is not
accessible or available to Subscriber for reasons other than those resulting directly or indirectly from an SLA
1k,
Exclusion. For the avoidance of doubt, slow performance does not constitute lack of accessibility or
availability and shall not count as Downtime, unless there is a total loss of ability for the substantial majority
of Authorized Users to perform any one of the In -Scope Application Features so as to constitute a total loss
of service of that Application, in each case in Mark43's reasonable discretion. The concurrent loss of service
of two or more In -Scope Application Features within the same Application will count as a single Downtime
event. At the end of each month, Mark43 adds "Downtime" periods together to calculate the overall monthly
"Downtime."
"In -Scope Application" means the web -accessible Applications identified in subsection (a) above, provided
that Subscriber has purchased a subscription for the Applications and signed a valid agreement with
Mark43. Under no circumstance shall any reference to an Application that Subscriber has not purchased a
subscription and signed an agreement for be construed to entitle Subscriber to use such Application. For
the avoidance of doubt, In -Scope Applications do not include mobile versions or Applications that are in beta
testing.
"In -Scope Application Features" means, in each case:
• For RMS Application: (i) the ability to login to the Mark43 RMS; (ii) the ability to view and edit
reports and names, property, and vehicles; (iii) the ability to view and edit cases; and (iv) the ability
to search for entities within the RMS.
• For CAD Application: (i) the ability to login to the Mark43 CAD; (ii) the ability to view / edit / clear
events; (iii) the ability to view and edit units; (iv) the ability to search for CAD tickets; and (v) the
ability to receive real-time updates when actively connected to an internet-enabled network.
"Monthly Uptime Percentage" has the meaning set forth in Section 2(a) of this SLA.
"Scheduled Maintenance" means scheduled work related to the Mark43 Application or the hosting
environment, which may cause inaccessibility or unavailability of the Mark43 Application. Except as set forth
below, Mark43 shall provide at least seven (7) days' advance notice of Scheduled Maintenance whenever
practicable, and in no circumstances less than three (3) days' advance notice. In the event that Mark43
determines it is appropriate to perform emergency work related to the Mark43 Application or emergency
work is performed related to the hosting environment, such work will be deemed Scheduled Maintenance,
provided Mark43 uses reasonable efforts under the circumstances to provide Subscriber with notice at least
twenty-four (24) hours prior to such emergency work. Notice of Scheduled Maintenance may be provided by
email and, in the case of emergency work, may also be provided by telephone. The total amount of
Scheduled Maintenance for the CAD Application shall not exceed sixty (60) minutes during any thirty (30) -
day period.
e. SLA Exclusions. The Uptime Commitment does not apply to any inaccessibility or unavailability of an
Application (the "SLA Exclusions"):
• That is not an In -Scope Application;
• That occurs prior to Cutover;
• That results from Scheduled Maintenance;
• That results from a suspension or remedial action, as described in this Agreement;
• Caused by factors outside of Mark43's reasonable control, including any force majeure event,
Internet access, or problems beyond the demarcation point of the Mark43 cloud environment;
• That results from actions or inactions of Subscriber or any third party;
• That is attributable to Subscriber's own computer equipment or devices, or failure of any software,
hardware or service not supplied by Mark43 pursuant to this Agreement, including, without
limitation, issues related to network connectivity, internet connectivity or network performance
issues at any Subscriber locations, server downtime related to connectivity issues resulting from
third -party -managed VPN access to a hosted server or Subscriber's internal network problems, or
Software (including interfaces) that is not supplied or maintained by Mark43;
• That results from any Integrated Application, Third -Party Data, or any Subscriber -provided
application or program; or
• That results from the failure by Subscriber, its Affiliates, or any Authorized User to incorporate a
Software or Service update or upgrade made available by Mark43.
SCHEDULE B
Transition Assistance
1. Preparation.
a. Subscriber will provide the desired cutoff date of the SaaS Services (the "Cutoff Date") to Mark43, at which
time all existing user accounts will be terminated.
b. For one (1) year following the Cutoff Date, Mark43 will provide one (1) transition account for Subscriber to
access the Applications and retrieve all Subscriber Data as further detailed below
2. Content.
a. Upon Subscriber's request, Mark43 will deliver and make available Subscriber Data to Subscriber within four
(4) weeks of the Cutoff Date. Subscriber Data will be delivered as follows:
Searchable PDFs: Mark43 will create searchable PDFs of each record (each, a "Record") and provide
them to the Subscriber for download. Subscriber may request, and Mark43 will consider, other formats
in which to create the Records, but the final format of all Records will be determined in Mark43's sole
discretion. Records can be uploaded to Subscriber's new system by the Subscriber or its new vendor.
Database Export: Subscriber Data will be provided to Subscriber as an export of Mark43's Microsoft
SQL Server Data Lake database. To use the data, Subscriber will need to have access to its own
Microsoft SQL Server database.
Document/File Export: Documents/file attachments stored within the Mark43 system will be provided to
the Subscriber in a zipped folder. Within the folder the Subscriber will find all files with a unique ID
appended to the filename. A csv file will be provided to relate the unique file ID with the attached entity
type and Mark43 ID.
b. If files are too large for practical internet transmission, an encrypted hard drive will be provided.
3. Support.
a. Mark43 will maintain Subscriber Data in the Mark43 Applications for up to one (1) year following the Cutoff
Date.
b. Mark43 will resolve any issues it deems to be the result of errors in the Mark43 platform or export process
for a period of six (6) months after the Cutoff Date.
c. No less than two (2) years after the Cutoff Date, Mark43 will delete Subscriber Data from all Mark43 online
systems (e.g. primary database, replica databases, search databases, application caches, etc.) other than
database backups, audit logs and server system logs.
d. Within six (6) months from the date of deletion of Subscriber Data from all Mark43 online systems, all
Subscriber Data will be erased from database backups.
e. Notwithstanding the foregoing, Mark43 reserves the right to retain Subscriber Data on audit logs and server
system logs and in support tickets, support requests and direct communications with Mark43.
4. Additional Services.
a. Ongoing Web Access: Subscriber may elect to purchase a read-only tenant of the Mark43 system. This
service enables Subscriber to utilize a single user log -in to view and access data entered into the Mark43
system up to the date of termination or expiration of this Agreement. Under this service, Subscriber will not
have permission to change, modify or update any Subscriber Data.
b. Additional Professional Services: If the Subscriber requires additional Professional Services, these will be
billed according to the current market rate for such Services.
5. Fees. In the event that any Fees have not been paid as required under this Agreement, Mark43 may decline to
provide the support outlined in this Schedule B until such Fees are paid in full.
17
SCHEDULE C
Technical Requirements
This Schedule lists the minimum technical requirements required for each of the Mark43 Applications. This also
describes the requirements for Mark43 interface servers. Integrated Application Providers and Subcontractors may
have additional requirements that are not listed here.
1. MARK43 RMS
1.1 RMS Workstation Requirements
Item
__... ......
Minimum
Operating System
Windows 10
Processor
2x 2.0+ GHz processors
Architecture
x64
Memory
8 GB+
Network Card
1x 10 Mbps+ NIC
Display(s)
1x 1920x1080
Hard Drive
25 GB available space
Graphics Card
N/A
Bandwidth
5 Mbps+
1.2 RMS Workstation Site Internet Requirements
Mark43 RMS operates as a single -page application where most of the heavy download load is needed only on initial
page load for each user. For RMS, Mark43 requires an overall internet bandwidth connection of 1+ Mbps per
concurrent user using that connection with a minimum of a 100 Mbps connection per site. Actual performance and
usage may vary depending on user usage of other internet-connected applications and your ISP. Department
firewalls and other networking applications must have capacity to support a minimum of a 100 Mbps connection per
site.
1.3 RMS Mobile Data Terminal Requirements
Item
Minimum
Operating System
Windows 10
Processor
2x 2.0+ GHz processors
Architecture
x64
Memory
8 GB+
Network Card
5 Mbps+ (4G LTE)
Display(s)
1x 1920x1080
Hard Drive
25 GB 11 available space
Graphics Card
N/A
Bandwidth
. . _...._....
..... ... ............ 5 Mbps+ (4G LTE)
1.4 RMS Browser Requirements
Mark43 RMS is web -based and requires a modern web browser to access the system. Mark43 RMS supports the
following browser versions that receive technical support and security updates from the browser vendor.
• Google Chrome (latest)
• Microsoft Edge (latest)
IK
1.5 RMS Smartphone Mobile Application Requirements
The Mark43 RMS Smartphone Mobile Application is available on iOS.
Item (iOS) Minimum
Operating System Apple iOS 13, 14
Device iPhone 11, 12
iPad Gen 7 or 8
iPad Air Gen 3 or 4
iPad Pro Gen 4 or 5
1.6 Evidence Smartphone Mobile Application Requirements
The Mark43 Evidence Smartphone Mobile Application is available on iOS and Android and requires network
connectivity.
Ram
iOS
Android 11
Item
Minimum
Operating System
Apple iOS 13,14
Device
iPhone 11, 12
8GB
iPad Gen 7 or 8
Android 11
iPad Air Gen 3 or 4
variants)
iPad Pro Gen 4 or 5
Android
Device*
Operating System
Ram
Samsung Galaxy S21+ (&
Android 11
8GB
variants)
Google Pixel 5
Android 11
8GB
Samsung Galaxy S20+ 5G (&
Android 11
8 or 12GB
variants)
Google Pixel 4, 4 XL
Android 10, Android 11
6GB
Google Pixel 4a 5G
Android 11
6GB
Google Pixel 4a
Android 11
6GB
Samsung Galaxy A52
Android 11
6, or 8GB
Samsung Galaxy S20+
Android 10
8GB
Samsung Galaxy Note 10+
Android 10,11
12GB
*All of these devices are FPS 104-2 Certified.
1.7 Evidence Barcode Printer Requirements
The Mark43 RMS Property and Evidence module requires a barcode printer to optimize the evidence management
process. Mark43 integrates seamlessly with Zebra barcode printing hardware and requires the following printer:
ZD420 model number ZD42043-001 EOOEZ
2000T label
19
5095 Premium Resin ribbon (05095CT11007)
o Ribbon roll -only (05095GS11007)
Deviating from this hardware configuration will lead to smeared, stretched or otherwise incorrectly printed barcode
labels. For departments with multiple printers, Mark43 requires purchasing the same model for all locations.
1.8 Evidence Printer Server Requirements
In order for Mark43 RMS to communicate with the barcode printers, an intermediate server to route printing requests
is required. This machine can be the same machine as the Interface Servers specified below or standalone in which
case it will need the following specifications:
Item
Minimum
Processor
2x 2.0+ GHz processors
Memory
4 GB+
Hard Drive
64 GB HDD storage
1.9 RMS Fillable PDF Software Requirements
In order for the Subscriber to utilize Mark43 RMS Fillable PDFs) (SKU — RMS 7), the Subscriber must have enough
Adobe Professional licenses to support their department needs.
1.10 QuickCrash Requirements
QuickCrash is available as a progressive web app on iOS, Android and desktop web
iOS
Item
Minimum
Operating System
Apple iOS 13, 14
Device
_
iPhone 11, 12
iPad Gen 7 or 8
iPad Air Gen 3 or 4
iPad Pro Gen 4 or 5
Android
Device*
Operating System
Ram
Samsung Galaxy S21+ (&
Android 11
8GB
variants)
Google Pixel 5
Android 11
8GB
Samsung Galaxy S20+ 5G (& Android 11
8 or 12GB
variants)
Google Pixel 4,4 XL
Android 10, Android 11
6GB
Google Pixel 4a 5G
Android 11
6GB
Google Pixel 4a
Android 11
6GB
Samsung Galaxy A52
Android 11
6, or 8GB
Samsung Galaxy S20+
Android 10
8GB
Samsung Galaxy Note 10+
Android 10,11
12GB
*All of these devices are FIPS 104-2 Certified.
Browser Requirements
QuickCrash is web -based and requires a modern web browser to access the system. QuickCrash supports the
following browser versions that receive technical support and security updates from the browser vendor.
Google Chrome (latest)
Microsoft Edge (latest)
2. MARK43 CAD
2.1 CAD Call Taker/ Dispatcher Workstations
Mark43 only supports the Mark43 CAD installed CAD dispatch application for call takers and dispatchers in a live
environment. The CAD dispatch desktop application allows for multi -window functionality and a more seamless user
experience for call takers and dispatchers.
Item
Operating System
Processor
Architecture
Memory
Network Card
Display(s)
Hard Drive
Graphics Card
Bandwidth
Minimum
Windows 10
2x 2.0+ GHz processors
x64
16 GB+
1x 10 Mbps+ NIC
2x+ 1920x1080 monitors
25 GB available space
2x 512MB NVIDIA Quadro NVS
310,4 MON
5 Mbps+ per concurrent dispatcher
2.2 CAD Call Taker/ Dispatcher Workstation Site Internet Requirements
For CAD, Mark43 recommends an overall internet bandwidth connection of 5+ Mbps per concurrent user using that
connection with a minimum of a 100 Mbps connection per site and a backup ISP connection with automatic failover of
equal bandwidth. Actual performance and usage may vary depending on user usage of other intern et -con nected
applications and your ISP. Department firewalls and other networking applications must have capacity to support a
minimum of a 100 Mbps connection per site.
2.3 CAD First Responder Mobile Data Terminal Requirements
Mark43 only supports the Mark43 CAD installed CAD first responder application for first responders in a live
environment.
Item
Minimum
Operating System
Windows 10
Processor
2x 2.0+ GHz processors
Architecture
x64
Memory -
8 GB+
Network Card
5 Mbps+ (4G LTE)
Display(s)
-
1x 1920x1200
Hard Drive
- _...... ....
25 GB available s..pace
Graphics Card
256 MB+ video memory
Bandwidth
5 Mbps+ (4G LTE)
21
Mark43 CAD also requires installing a Windows Service on First Responder MDTs to query message switches, track
GPS, monitor performance, and more. This Windows Service requires:
• Powershell installed with Windows 10+
• NET Core v2.1+
• NET Framework v4.5+
• A service account with "Log in as service" and administrative permissions
• Completion of all Windows updates recommended by Microsoft
2.4 GPS Tracking
Mark43 CAD First Responder MDTs support tracking GPS from the following hardware:
• Getac machines with internal GPS (BAUD rate of 96k)
• BU -353S4 receivers that plug in
• Cradlepoint routers
GPS Tracking also requires:
• GPS Receiver using NMEA standard (e.g. $GPxxx messages)
• Dedicated COM port on machines that use external USB GPS devices
• External Antenna required
• DIS (a windows service that can capture GPS data in the following formats: a) Sent over a COM port in the
NMEA 1 format or b) via UDP in the NMEA 1 format
3. MARK43 ANALYTICS
3.1 Data Lake Requirements
Mark43 Data Lake is a Microsoft SQL Server Database and requires a database client that receives technical support
and security updates from the vendor. Mark43 recommends using Microsoft SQL Server Management Studio.
3.2 Business Intelligence Suite Requirements
Mark43 Business Intelligence Suite runs embedded within Mark43 RMS and therefore has the same browser
requirements as Mark43 RMS.
4. MARK43 DATA EXCHANGE
The Mark43 Data Exchange functionality is enabled through either the RMS or CAD applications. Additional interface
servers may be required to support Mark43 Data Exchange data flows, depending on the department's size and
complexity.
5. MARK43 INTERFACE SERVERS
5.1 Server Requirements
Interface servers are on -premise servers that Mark43 uses to run interfaces developed by Mark43. These servers
allow Mark43 interfaces to access on -premise Subscriber systems and/or run custom interfaces developed by
Mark43. Mark43 supports these servers from the VM up and ensures that interfaces running on these servers are
maintained and monitored. The table below outlines Mark43's minimum required and recommended server
specifications for an interface server setup.
22
Item
Requirement
Number of servers
2+
Operating System
Ubuntu 20.04 LTS, CentOS 8, or
Red Hat Enterprise Linux 8
Processor
2x quad -core processor
Architecture
x64
Memory
16 GB+
Network Card
1 x 1 Gbps NIC
Display(s)
N/A
Disk
128+ GB available space
Graphics Card
N/A
Bandwidth
100+ Mbps
5.2 Server Software Requirements
Subscriber provisions these servers and maintains them from hardware/VM up to and including the operating system.
Mark43 will maintain the application software installed on this server, which consists of:
Docker, which runs all the application software in an easily manageable way
Kubernetes, a container orchestration technology, which allows Mark43 to deploy, update, and
monitor the Docker containers running the application software
Subscriber may choose to install other software (e.g. monitoring software) on this server. However, if the Subscriber -
installed software interferes with the operation of the Mark43 Applications, Subscriber will be required to uninstall the
software.
5.3 Networking/Firewall/Access Requirements
Inbound:
SSH / Port 22
Originating from within the Subscriber's VPN
TCP Port 6443
For Mark43 SSH access
HTTPS / Port 443
Originating from within the Subscriber's VPN
For Kubernetes API server communication and evidence labeling printing
software if applicable for Subscriber
TCP Port 6443
Originating from within the Subscriber's VPN
For Kubernetes API server communication
TCP Port 10250
Originating from within the Subscriber's VPN
For Kubernetes node metrics
* All IPs and ports inbound from the public internet should be closed.
Outbound:
HTTPS / Port 443
To all network interfaces — 0.0.0.0/0
TCP Port 6443
Originating from within the Subscriber's VPN
For Kubernetes API server communication
VPN:
23
Subscriber must provide Mark43 with Subscriber's VPN credentials to access the interface server. Mark43
will SSH to the servers over the Subscriber VPN to install Docker and Kubernetes, and perform any
troubleshooting actions or maintenance tasks that can't be completed via the normal release process
User Accounts:
Subscriber must provide Mark43 with a service account(s) with sudo access on the interface servers
Static IP Addresses:
Subscriber must assign static IP addresses for the interface servers
6. THIRD PARTY CONNECTIONS TO MARK43
All connections to Mark43 systems must be made using TLS 1.2 or greater.
24
SCHEDULE D
Third -Party Component Terms
Google: Users are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google
Privacy Policy), available by following these links:
Google Maps Terms: https://maps.google.com/help/terms maps.html
Google Privacy Policy: https://policies.google.com/privacy?hl=en&ql=us
Acceptable Use: https://enterprise.google.com/maps/terms/universal aup.html
Esri: Users are bound by the following Esri Terms of Service:
To the extent permitted by applicable law, Environmental Systems Research Institute, Inc. ("Esri") and its
licensors disclaim liability for any damages or loss of any kind, whether direct, special, indirect, incidental, or
consequential, arising from the use of Esri's solution ("Esri Solution") including, but not limited to, liability for use of
the Esri Solution in high-risk activities or liability related to any data supplied by Esri.
In the event of any termination of the Agreement, the end user of the Esri Solution ("User") shall (i) cease
access and use of the Esri Solution and any data supplied by Esri, and (ii) clear any client -side data cache derived
from the Esri Solution or any data supplied by Esri.
User will comply with all relevant export laws and regulations of the United States with respect to the Esri
Solution, including, but not limited to, the Export Administration Regulations (EAR), International Traffic in Arms
Regulations (ITAR); and the United States Department of Treasury, Office of Foreign Assets Control (OFAC)
regulations, and User will not export, reexport, transfer, divert, use, or access, directly or indirectly, the Esri Solution
in violation of any United States export laws and regulations.
User will provide Esri with information about User's export and distribution activities as may be required for
Esri to meet its obligations under the United States export control laws and regulations.
User shall not remove or obscure any patent, copyright, trademark, proprietary rights notices, or legends
contained in or affixed to the Esri Solution or any Esri materials, output, metadata file, or online or hard -copy
attribution page of any data supplied by Esri.
Esri and its licensors disclaim all terms in any "click -through" agreements included with the Esri Solution.
Esri and its licensors do not warrant that the Esri Solution or any data or materials supplied by Esri will meet User's
needs or expectations; that the use thereof will be uninterrupted; or that all nonconformities can or will be corrected.
Esri and its licensors are not inviting reliance on data in the Esri Solution, and User should always verify actual data
in the Esri Solution. Any warranty offered by Mark43 for Mark43's solution the Services shall only apply between
Mark43 and User. Esri does not offer any warranties or indemnities to User for the Esri Solution.
User shall not use the Esri Solution for any revenue -generating activities. The Esri Solution is for the internal
use of User only.
User shall not use the Esri Solution independently from the Mark43 solution or in any other product or
service.
User shall not store, cache, use, upload, distribute, or sublicense content provided through the Esri Solution
in violation of Esri's or a third -party's rights, including intellectual property rights, privacy rights, nondiscrimination
laws, export laws, or any other applicable law or regulation.
User's login credentials for the Esri Solution are for User only and may not be shared with other individuals."
25
Amazon:
Universal Service Terms: https://aws.amazon.com/service-terms/
Acceptable Use: https:Haws.amazon.com/aup/
AuthO (if elected):
Acceptable Use: https://cdn.auth0.com/website/legal/files/aup-19.pdf
RapidSOS (if elected): Subscriber must sign up and accept the terms contained within the following link:
https://info.rapidsos.com/rapidsos-integrations-signup
CommSys (if elected): Subscriber must enter into an end user license agreement directly with CommSys.
26
SCHEDULE E
Data Processing Addendum
1. Definitions. For purposes of this this Data Processing Addendum ("DPA"), "Subprocessor" means a
Mark43 Affiliate or other third party engaged by Mark43 for the purpose of hosting, storing or otherwise
processing Subscriber Data as authorized by this Agreement or otherwise in writing by Subscriber. Terms
not otherwise defined in this DPA have the meaning set out in this Agreement.
2. Subscriber Data. The obligations in this Schedule apply to Subscriber Data in the custody or control of
Mark43 and its Subprocessors. They do not apply to Subscriber Data in the custody or control of any other
party, including Subscriber Data under Subscriber's custody or control outside of the Services or Subscriber
Data maintained by an Integrated Application Provider or transmitted or accessed on or through an
Integrated Application.
3. Disclosure. Mark43 will not disclose Subscriber Data to any third party except: (i) to Authorized Users; (ii)
as permitted under this Agreement; (iii) to its Subprocessors, provided that each Subprocessor agrees to
protect Subscriber Data in a manner substantially in accordance with this DPA; or as provided by this DPA
with respect to any Disclosure Request. Notwithstanding the foregoing or anything in this DPA to the
contrary, Subscriber acknowledges and agrees that (a) Mark43 utilizes major providers of cloud -based
services for processing certain Subscriber Data through the Services (each, a "Cloud Provider") (including,
as of the Effective Date of this Agreement, Amazon Web Services for hosting and Google for mapping and
geolocation services), (b) each Cloud Provider has its own data protection practices that are applicable to its
delivery of services to its customers, and (c) Cloud Providers will not agree to separate data protection
practices on a customer -by -customer basis; therefore, Cloud Providers will not be required to comply with
the obligations in this DPA to the extent that they are inconsistent with each Cloud Provider's own data
protection practices, but Mark43 will use reasonable efforts to assess that each Cloud Provider complies
with its own data protection practices, which may include periodic examination of SOC 2 reports or
comparable reports made available by Cloud Provider.
4. Information Security Program. Mark43 will implement and maintain a written information security program
that contains reasonable administrative, technical and physical safeguards intended to protect Subscriber
Data from unauthorized access, disclosure, use, modification, loss or destruction.
5. Access. Mark43 will maintain appropriate access controls to Subscriber Data, including limiting access to
Subscriber Data only to personnel who require such access in order for Mark43 to provide Services to
Subscriber or to otherwise exercise Mark43's rights or perform Mark43's obligations under this Agreement.
Mark43 will require its personnel to protect Subscriber Data in accordance with the requirements of this DPA
and will provide its personnel with appropriate information security training.
6. Information Security.
a. Mark43 maintains its information security program and applicable safeguards at all Mark43 sites at
which an information system that stores or otherwise processes Subscriber Data is located.
b. Mark43 maintains network security using commercially available equipment and industry standard
techniques, including firewalls, router access control lists, intrusion detection and/or prevention
systems, penetration testing, vulnerability scanning, and patch management tools.
c. Mark43 will encrypt, using industry -standard encryption tools, all Subscriber Data that Mark43: (i)
transmits or sends wirelessly or across public networks; (ii) stores on laptops or removable storage
media; and (iii) stores on portable devices. Mark43 will safeguard the confidentiality and availability
of all encryption keys associated with encrypted Subscriber Data.
d. Mark43 installs and maintains endpoint security measures such as anti-virus and malware
protection software intended to protect Subscriber Data from malicious code.
e. Mark43 undertakes appropriate logging and monitoring to enable recording of information security -
related actions and identification of anomalous events.
f. Mark43 develops software used to deliver the Services in accordance with secure software
development principles.
7. Security Incident Management. Unless otherwise prohibited by law, Mark43 will notify Subscriber
promptly (and in any event within seventy-two (72) hours) in the event Mark43 reasonably believes that
there has been any unauthorized access, acquisition, disclosure, use, modification, loss or destruction of
Subscriber Data ("Security Incident"). Mark43 will promptly investigate the Security Incident, will take
necessary steps to eliminate or contain the exposure of Subscriber Data, and will keep Subscriber informed
27
of the status of the Security Incident. Mark43 will provide reasonable assistance and cooperation requested
by Subscriber or Subscriber's designated representatives to correct, remediate, or investigate the Security
Incident or to mitigate potential damage resulting from it, including any notification that Subscriber may
determine appropriate to send to affected individuals, regulators or third parties.
8. Business Continuity. Mark43 implements appropriate disaster recovery and business continuity plans and
reviews and updates such plans regularly. Back-up copies of critical business information and software are
created regularly and tested to verify their integrity.
9. Audits. Upon Subscriber's request, Mark43 will make available to Subscriber up to once per year a copy of
a third -party assessment, such as a SOC 2 report or comparable report ("Third -Party Report"), if Mark43
has obtained such a Third -Party Report for the Services; or if Mark43 has not obtained a Third -Party Report
for the Services, Subscriber may provide to Mark43 a security assessment questionnaire related to the
Services, which Mark43 will accurately and promptly complete. Such a questionnaire must be reasonable in
scope and may include questions seeking verification of compliance with the terms and conditions of this
DPA. All Third -Party Reports or information accessed by or otherwise disclosed to Subscriber in connection
with any such review will be considered Confidential Information of Mark43.
10. Return/Disposal. Upon termination or expiration of this Agreement, Mark43 will cease handling Subscriber
Data and will take reasonable steps to return or destroy Subscriber Data according to the timeframes set out
in Schedule B of this Agreement. If Mark43 has any legal obligation to retain Subscriber Data beyond the
periods otherwise specified by Schedule B, Mark43 will notify Subscriber in writing of that obligation, to the
extent permitted by applicable law, and will return or destroy the Subscriber Data in accordance with this
DPA as soon as possible after that legally required retention period has ended. If Mark43 disposes of any
paper, electronic or other record containing Subscriber Data, Mark43 will take all reasonable steps to do so
by: (a) shredding; (b) permanently erasing and deleting; (c) degaussing; or (d) otherwise modifying
Subscriber Data in such records to make it unreadable, unreconstructable and indecipherable.
11. Location of Subscriber Data. Subscriber Data stored or transmitted through the SaaS Services in
Subscriber's user accounts shall be hosted by a Cloud Provider in the United States. Mark43 currently uses
AWS Govcloud region as Cloud Provider to host Subscriber Data. Information about AWS' commitment to
support customers' CJIS compliance requirements is available here:
https://aws.amazon.com/compliance/ciis/.
28
SCHFnill F F
Order Form
1. Services. The Services covered by this Agreement consist of the following:
SaaS Services with respect to the following Applications: Records Management System, Analytics and
Computer Aided Dispatch
Professional Services as detailed in the Statement of Work.
2. Subcontractors. CommSys
3. Initial Term. The Initial Term is the six (6) year period commencing on the Effective Date.
4. Renewal Terms. Any Renewal Terms shall be for a period of one (1) year.
5. Fees. For the Initial Term, the following Fees will apply:
Recurring Fees:
Mark43 SaaS Services Recurring
Fees
ANA 1: Analytics BI Suite Viewer
Qty (if applicable)
Not to exceed 38
license(s)
-
$4,560.00
Price to
•
$4,560.00
ANA 2: Analytics BI Suite Explorer
Not to exceed 2
license(s)
$960.00
$960.00
CAD 1: Dispatch
Not to exceed 9
dispatchers/ call -takers
$32,400.00
$29,160.00
CAD 2: First Responder View - LE
Not to exceed 38 sworn
$22,800.00
$17,100.00
CAD 3: First Responder View - Fire
Not to exceed 20
responders
$12,000.00
$9,000.00
DEX 1: CAD Data Exchange
Included
See Partner
Fees
See Partner Fees
RMS 1: RMS Core
Not to exceed 38 sworn
$45,600.00
$38,760.00
RMS 2: RMS Case Management
Not to exceed 38 sworn
$18,240.00
$6,384.00
RMS 3: RMS Property and
Evidence Management
Not to exceed 38 sworn
$18,240.00
$6,384.00
RMS 5: Mobile Field Collection
Not to exceed 38 sworn
$18,240.00
$0.00
RMS 7: RMS Fillable PDFs
Included
$7,000.00
$0.00
Partner Recurring Product and Qty (if applicable)
Services Fees
PAR 7: ConnectCIC State and Not to exceed 50 sworn/
Regional first responders
List Price
$7,436.00
Price to Subscriber
$7,436.00
.. :fc
29
'For the avoidance of doubt, this is the recurring fee that will serve as the baseline for
the recurring fees to be charged during any Renewal Term. Additional increases may be
applied at any time during the Initial Term if required quantities increase.
One -Time Fees:
Professional •
Implementation Tenant(s) (Provisioning Environments for
Configuration, Testing, and Training during Implementation
Period)
Qty (if
applicable)
$180,040.00
Price to
$112,308.00
DCM 2: RMS PDF Reports- Base
$15,000.00
$15,000.00
DCM 4: Evidence Standalone - Standard
$25,000.00
$25,000.00
IMP 2: Implementation Services
n/a
$90,000.00
$90,000.00
INT 1: Interface - Custom Level 1 — Image Trend
n/a
$15,000.00
$10,500.00
INT 1: Interface - Custom Level 1 — 9-1-1 to CAD
n/a
$15,000.00
$10,500.00
INT 5: Interface - Partner Level 1 — Crossroads Traffic
Collision
n/a
$0.00
$0.00
Qty (if
.. . -
ProductsPartner •ne-Time Fees applicable)
Implementation Services for PAR 7: ConnectCIC State and
Implementation
Regional In scope
List Price
$2,080.00
Price to
Subscriber
$2,080.00
Total •
iii
$265,388.00
Mark43 will notify Subscriber of any changes to the fees for any Renewal Term at least forty-five (45) days
prior to thestart of the Renewal Term.
6. PaVment Schedule.
a. Initial Term: Subscriber will pay the Fees detailed in Section 5 above according to the following schedule
during the Initial Term.
30
- Training Complete
$53,077.60
- Cutover/Go Live
$26,538.80
Year 2 Payment, due on the first anniversary of the Effective
Date.
$119,744.00
Year 3 Payment, due on the second anniversary of the Effective
Date.
$119,744.00
Year 4 Payment, due on the third anniversary of the Effective
Date.
$119,744.00
Year 5 Payment, due on the fourth anniversary of the Effective
Date.
$119,744.00
Year 6 Payment, due on the fifth anniversary of the Effective
Date.
$119,744.00
Total Over Initial Term
$864,108.00
b. Renewal Term: Fees for any Renewal Term will be paid in full in advance on the first day of the Renewal
Term.
70
MARK43
MARK43, INC.
IMPLEMENTATION
STATEMENT OF WORK
CITY OF ATASCADERO
Table of Contents
1.
STATEMENT OF WORK OVERVIEW.............................................................................................2
2.
PROJECT MANAGEMENT.................................................................................................................2
3.
DATA MIGRATION SERVICES......................................................................................................
18
4.
THIRD PARTY INTERFACE SERVICES.....................................................................................
24
5.
MESSAGE SWITCH INTERFACE............................................................................................
34
6.
ESRI INTERFACE ..........................................................................................................................34
7.
CUSTOM PDF EXPORTS............................................................................................................
36
8.
QUICKCRASH MODULE — Not Included..............................................................................
36
9.
APPENDIX — DATA MIGRATION SERVICES SCOPE ......................................................
37
1. STATEMENT OF WORK OVERVIEW
This Statement of Work (SOW) outlines tasks required for the Mark43 Project Team to
provide the Mark43 platform functionality to the City of Atascadero (Subscriber) in
accordance with the Software License and Services Agreement (SLSA) entered into by
Mark43 and Subscriber in conjunction with this SOW. The Mark43 Project Team shall
perform in accordance with this SOW, which shall be effective as of the Effective Date.
Capitalized terms used but not otherwise defined herein shall have the meanings
ascribed to them in the SLSA.
This document's intention is to outline the implementation services, customer success
services, data conversion scope, and third -party interface scope that were purchased
along with the Mark43 System and that accompany the Mark43 software
implementation. This document outlines project implementation scope, Mark43
responsibilities, Subscriber responsibilities, implementation governance, cutover
responsibilities, and a project outline. Any changes to this document will be handled
through the Change Control Process outlined in the Change Control section of this
document. If a service is not listed in this document, it is not considered part of the
project.
2. PROJECT MANAGEMENT
2.1 PROJECT MANAGEMENT OVERVIEW
Mark43 will provide a member of the implementation team who will act as the Project
Lead and serve as Subscriber's main point of contact during implementation. The
Project Lead will help guide Subscriber through the phases of implementation — from
the initial kick-off call, to cutover to live operations — and assist with any questions
Subscriber might have throughout the process. The Project Lead aims to bring together
recommended best practices, blending implementation and project coordination
processes to provide meaningful support throughout the project lifecycle.
Implementation services will be governed by the expectation table contained in Section
2.6 of this document.
While the Project Lead is responsible for driving the implementation process, assistance
from Subscriber is necessary to facilitate the project. Subscriber's project team will need
to set aside time weekly for workflow and configuration validation sessions, data
reconciliation, testing, and training. The Project Lead will outline the scope of these
responsibilities at the kick-off meeting for the project.
If Subscriber anticipates having limited availability, then Subscriber may want to
purchase additional services from Mark43 to reduce the amount of time required from
Subscriber. In addition, once live on the System, Subscriber may decide to implement
additional functionality or modules. In such cases, Subscriber should handle such
requests through the Change Control Process outlined in the Change Control section of
this document.
After the implementation has been completed, the Mark43 Customer Success Team will
begin the transition to ongoing customer sustainment. After Go Live, Customer Success
will take over as the primary point of contact for any outstanding projects, escalations,
and maintenance of the System. Customer Success will be available to answer any
project -related questions that may come up as you begin using the Mark43 service. In
addition, Mark43 staffs a 24/7 Help Desk to assist with ground -level questions as they
arise, and an online workflow portal that outlines out of the box Mark43 functionality.
Support services are covered by your Annual Subscription, Maintenance & Support
Fees.
2.2 PROJECT MANAGEMENT SCOPE AND RESPONSIBILITIES
As stated above, the Project Lead will guide Subscriber through the implementation.
Coordinated effort and cooperation from Subscriber is necessary to facilitate the
implementation. The following table breaks down general responsibilities for both
Mark43 and Subscriber, outlining activities that are included in the scope of the
Implementation.
• R — Responsible: Does the work to complete the activity
• A — Accountable: Ensures work is deemed complete
• C — Consulted: Provides input on activity
• 1— Informed: Receives updates on the progress of activity
Project Management
Deliverable
Description
Conduct meeting that formally
Project Kickoff
starts the project and sets
R
R / A
expectations
Project Management
Complete form that provides key
Foundation Questionnaire
information about the agency,
A
R
current state infrastructure, and
workflows
Project schedule that indicates the
Project Plan
timeline, activities, dependencies,
R
A
and progress of the project
I
Mark43
Subscriber
Project Communication
Document that outlines the project
Plan
communications process and
R
A / I
cadence
Change Order Request
Complete form that requests new
Form
project work that is not included in
I / A
R
the Statement of Work if desired
Provide document that provides
Status Report
regular updates on project
R
A / I
activities
Project Schedule
Maintenance
Communicate progress updates on
R
A / I
(Updates/Changes)
project activities
Risk Matrix
Document outlines project risks
R
A / C / I
and their mitigations
Record and maintain significant
Decision Log
decisions for the project including
R
A / C
migration, interfaces, workflows,
and configurations
Workflow Guide
Create document that specifies
Development and
agency -specific workflows on
A / C
R
Maintenance
using Mark43
Configuration
Configure the base RMS tenant
R
A
Management
during implementation
Fillable PDF Configuration
Configure and map any fillable
A
R
PDFs forms to be used in the RMS
Configuration
Configure the base RMS tenant
A
R
Maintenance
during implementation
Cutover Plan
Create document that outlines the
R
A / I
plan for cutover and Go Live
Sustainment Plan
Create document that outlines plan
Sustainment Plan
for managing the Mark43 System
R
A / C / I
post cutover
New Feature Training
Train Subscriber on newly
R
A / I
released product features
Manage post cutover
Develop any post cutover
R A / I
interface builds
interfaces
Help Desk and Issue
Manage and triage any reported
R A / I
Resolution
issues post cutover
Change Management
Change Management Plan
Create change management plan
R
R / C / I
for agency
Create and distribute agency
Communication Plan
communications on how to use
A / C
R
Mark43, training, and Go Live
Training
Baseline Training
Develop and provide training
R
A / I
Materials
course materials
Remote Training
Develop and provide remote
R
A / I
Walkthroughs
training course materials
Train -the -Trainer (TtT)
Identify Train -the -Trainers for
R / A
R
Logistics / Follow up
agency specific training
Agency -Specific Training
Coordinate logistics and holds
Logistics
training for agency -specific
A / C / I
R
workflows
Migration
Provide the backup of the legacy
database and any relevant files in
Database Backup and Files
scope for migration at project
C I
/
R / A
initiation and prior to the final
production migration (full and
delta)
Field Mapping
Map fields from the legacy data
R
A / C
system to Mark43 migration fields
Create document that describes
Scope Document
migration scope and expected
R
A / C
behavior
ETL Development
Develop the scripts to migrate in
R
A / I
scope legacy data
Map legacy reference values to
Reference Value Mapping
Mark43 configured reference
A
R
values
Migration User Acceptance
Perform UAT on migrated data in
A
R
Testing (UAT)
test environments
Quality Control and Bug
Address reported bugs based on
R
A / C / I
Fixes
triage and priority
Migrates legacy to Mark43
Final Migration Cutover
Production environment
R
A
Interface Development
Prioritize and provide scope for in -
Interface Scoping and
scope interfaces
C / I
R / A
Prioritization
Interface Server
Interface server set up and
C / I
R / A
maintenance
Provide Mark43 access to third
Third Party System Access
party vendor contacts and systems
A
R
required to develop, test and turn
on the interface
Map external reference values to
Reference Value Mapping
Mark43 configured reference
A
R
values
Field Mapping
pp g
Map external system fields to
R
A / C
Mark43 partnership fields
Interface Control
Create document that describes
Documents (ICDs)
interface scope and expected
R
A / C / I
behavior
Interface UAT
Perform UAT on interfaces in test
A
R
environments
Quality Control and Bug
Address reported bugs based on
R
A / C / I
Fixes
triage and priority
Interface Sustainment
Manage interfaces post -launch
R
A / C
Single Sign On
The following activities and responsibilities are excluded from the scope of the
implementation:
• Implementation of products or delivery of services not included within this SOW
or the SLSA
• End user or TtT training for any employee or affiliate of Subscriber beyond what
is included in Section 2.4.3.
• Evaluation of Subscriber's current state practices, policies, or procedures for the
purpose of process improvement or performance improvement
• Troubleshooting of any issues not related to Mark43 software, Mark43
development, or Mark43 interfaces, unless otherwise outlined
• Migration of data to Mark43 from other systems or third parties other than those
specified in this SOW or the SLSA
• Interfacing, or integrating, from or to Mark43 from other systems or third parties
other than those specified in this SOW or the SLSA
• Installation of any non-Mark43 software, servers, workstations or any other
hardware
• Export of Mark43 data to other systems or third parties other than those specified
in the SLSA
For any tasks, deliverables, or services not included in scope that Subscriber wishes
Mark43 to perform, Subscriber must follow the Change Control Process outlined in the
Change Control section of this document.
2.3 PROJECT MANAGEMENT GOVERNANCE
Subscriber
Install, configure, and maintain
Authentication
authentication system. Install
A / I
R
Infrastructure
ADFS if ADFS or SAML SSO is
not available
Connection Information
Provide ADFS or SAML SSO
A / I
R
connection information to Mark43
AuthO Configuration
Configure AuthO
R
A / I
Analytics
Data walkthrough
Walkthrough Mark43 data lake
R
A / I
(Schema)
schema so that users can query
Product
Provide updates on Mark43
Roadmap Updates
Product roadmap as they are
R
A / I
available
The following activities and responsibilities are excluded from the scope of the
implementation:
• Implementation of products or delivery of services not included within this SOW
or the SLSA
• End user or TtT training for any employee or affiliate of Subscriber beyond what
is included in Section 2.4.3.
• Evaluation of Subscriber's current state practices, policies, or procedures for the
purpose of process improvement or performance improvement
• Troubleshooting of any issues not related to Mark43 software, Mark43
development, or Mark43 interfaces, unless otherwise outlined
• Migration of data to Mark43 from other systems or third parties other than those
specified in this SOW or the SLSA
• Interfacing, or integrating, from or to Mark43 from other systems or third parties
other than those specified in this SOW or the SLSA
• Installation of any non-Mark43 software, servers, workstations or any other
hardware
• Export of Mark43 data to other systems or third parties other than those specified
in the SLSA
For any tasks, deliverables, or services not included in scope that Subscriber wishes
Mark43 to perform, Subscriber must follow the Change Control Process outlined in the
Change Control section of this document.
2.3 PROJECT MANAGEMENT GOVERNANCE
Mark43 and Subscriber will work together to outline a full Governance Structure
document detailing the persons for each Mark43 and Subscriber Team role. The
document should include an escalation path for issues on both sides, an executive
sponsor, and detail, as much as possible, the members of each working group.
The following is the breakdown of project roles and responsibilities:
Role
Responsibilities
• Primary point of contact for the project
• Manages the project schedule/timeline and provides regular
Project Lead
status updates to all stakeholders
• Coordinates and schedules Mark43 resources
• Handles escalated issues
• Primary point of contact post Go Live
• Maintains ongoing release management and deployments
• Ensures outstanding projects, interfaces, and migrations on
Customer Success Team
are on schedule
• Handles escalated issues and prioritizations
• Conducts regular surveys and feedback sessions
• Engage customers to improve in -app feature/product
adoption
• Primary technical point of contact for the project
• Scopes and defines technical requirements and
implementation plans for interfaces and migrations
• Coordinates and schedules Mark43 technical resources for
interfaces, migrations, or any other technical services work
Technical Services Team
• Handles escalated technical issues
. Develops interfaces and/or data migrations
• Escalates technical, workflow, or business issues
• Communicates and works with third party developers and
vendors (if any) for non -live interfaces
• Triages and handles bugs reported for non -live migrations
and interfaces
Deployment Analysts
• Assist with general product questions and configuration
activities
• Assist with specific product questions and configuration
Product Specialists
activity
• Triages and handles bugs reported for post Go -Live
migrations and live interfaces
Role
Responsibilities
• Command Staff representative for Subscriber
• Has authority to represent Subscriber and provide or obtain
sign -off on major decisions during the project
Executive Sponsor
• Assists with change management and potential policy
changes within Subscriber
• Helps govern relevant project stakeholders / working group
leaders
• Primary point of contact for Subscriber
• Participates in regular check -ins and status updates with
the team
Project Lead
• Reviews and approves major milestones
• Manages and escalates issues
• Has authority to represent Subscriber and get sign -off on
major decisions during the project
• Has knowledge of existing workflows, processes,
configurations, and systems, or has the resources to find
business users needed to provide knowledge
Business Point of Contact
• Has authority to represent Subscriber and get sign -off on
business decisions around workflows, configurations,
interfaces, and data conversions
• Helps define scope and requirements for configurations,
interfaces, and data conversions
• Has knowledge of existing systems, interfaces, and
vendors/parties involved
• Has authority to represent Subscriber and get sign -off on
major technical decisions
Technical Point of Contact
• Provides network, data, system, or other access deemed
necessary for completion of interface and data conversions
development work
• Provides documentation and other resources on data,
schemas, systems as needed
• Has enough business and technical knowledge to be able
to validate and sign -off on acceptance of workflows,
Validation Point of Contact
configurations, interfaces, and data conversions
• Has authority to represent Subscriber and get sign -off on
acceptance of interfaces and data conversions
Working Group
• Primary points of contact for each user group. There
Leads
should, at least, be one person for sworn, IT, Records, and
each major module being implemented
Training Point of Contact
• Primary point of contact for user training
. Helps facilitate training initiatives
2.4 PROJECT MANAGEMENT STAGES AND ACTIVITIES
To ensure product implementation success, the Mark43 project will be divided into four
distinct phases:
2.4.1 PHASE 1 - Plan
Phase 1 focuses on kicking off the implementation and planning the provision of the
Mark43 software. Mark43 will work closely with Subscriber to outline the implementation
steps, review project planning documentation, and analyze business processes to
outline configuration needs. This includes meeting with identified working groups within
the department, conducting research, and introducing individuals to how workflows will
function in Mark43. Subscriber will need to ensure full assembly of Subscriber project
team and working groups as well as completion of any questionnaires within two weeks
of receipt.
The table below outlines Phase 1 activities:
Tasks
Task Details / Deliverables
• Conduct a Project Kick -Off to commence the Mark43
software implementation through discussions of:
o Mark43 as a Company
o Mark43's Implementation Methodology
Project Kick -Off
o Project Organization, Roles, & Responsibilities
for both Mark43 and Subscriber and the
Project Communication Plan
• High level overview of product and project
deliverables
• Subscriber will work with Mark43 to introduce and
NIBRS Contact
establish communication with Subscriber NIBRS
contact
• For any other specialty areas, Subscriber will need to
Other Specialty Content
work with Mark43 to introduce and establish
Contact
communication with Subscriber point of contact (e.g.
GIS experts)
• Subscriber will fill out Mark43's Foundation
Planning Documentation
Questionnaire to help Mark43 understand
10
Tasks
Task Details / Deliverables
Subscriber's current processes and state as well as
Configuration Overview
the scope of the project
• Subscriber will fill out Mark43's Interface
Questionnaire(s) to help Mark43 better understand
the technical scope and goal of the project
• Subscriber provides Mark43 the Project Governance
Structure Document to outline project contacts and
communication protocols
• Mark43 provides customer requested documentation
to satisfy state clearance process or requirements
• Mark43 to conduct the Introduction to Interface
Scoping and Planning for Subscriber
• Mark43 to conduct the Introduction to Data
Conversion Scoping and Planning for Subscriber
• Introduction of base project plan for Mark43 and
Subscriber collaboration
Project Plan
• Mark43 will provide the Project Plan via Asana or
Instagantt (note: Asana and Instagantt are project
planning and management tools leveraged by the
Mark43 project team)
2.4.2 PHASE 2 - Implement
Phase 2 involves introducing the key working group leads and Subject Matter Experts
(SMEs) to system configuration scope and options for the implementation. The depth
and breadth of configuration required will be determined during project planning and
scoping in Phase 1 based on the questionnaires Mark43 sent to Subscriber.
Mark43 will deliver a User Acceptance Testing (UAT) Plan for review by Subscriber.
Data Migration/Conversion and Interface (Third Party Interface) planning will also begin;
for more information on these activities, please refer to the Data Conversion and Third
Party Interface Scope sections of this document.
The table below outlines Phase 2 activities:
Tasks
Task Details / Deliverables
• Conduct a system familiarization training overview
Configuration Overview
with identified Subject Matter Experts in a tenant that
has been lightly configured for the participating
Subscriber
Tasks
Task Details / Deliverables
• Subscriber gains access to the lightly -configured
tenant for initial workflow testing
• Mark43 provides Subscriber with Foundation
Workflow Guide
Mark43 will hold a configuration training session for
Configuration Sessions
Subscriber staff that will be assisting and reviewing
configuration settings
Mark43 outlines standard UAT methodologies, timing,
and logistics
UAT Introduction
• Subscriber is responsible for resource scheduling and
logistics
• Mark43 provides base workflow testing outline
UAT Documentation
• Mark43 will provide documentation detailing the
minimum scripts to be reviewed and tested
• Mark43 will work with Subscriber and provide a Data
Data Conversion
Migration Plan or Decision Document to determine the
Planning, Testing, and
plan with Subscriber. Timing and milestones will be
Completion
included in the project plan where appropriate
• For further details reference the Data Conversion
Scope section of this document
• Please reference the Third Party Interfaces Section of
Interfaces Planning,
this document for details on interface planning,
Testing, and Completion
documentation, testing, and completion. Timing and
milestones will be included in the project plan where
appropriate
Identify current department training infrastructure,
Training Needs
resources, and methodologies
Assessment
• Mark43 will provide Subscriber with documentation
outlining current Mark43 Course Offerings
2.4.3 PHASE 3 - Train
Phase 3 includes Mark43 delivery of training documentation/material, and assistance
coordinating training logistics. This phase also includes Mark43 TtT courses as outlined
in Section 2.4.3.1. Subscriber is responsible for incorporating feedback from workflow
configuration and UAT sessions into training documents.
Tasks and deliverables within this phase may overlap with tasks, deliverables, or
activities included in Phase 2.
12
The table below outlines Phase 3 activities:
Tasks
Task Details / Deliverables
Number of Maximum
• Mark43 will provide standardized workflow guides for
Foundation Training
Subscriber
Documentation
• Mark43 will provide access to our knowledge portal
via Mark43 Help Center
Session
o Where applicable, Mark43 will assist and offer
Training Logistics
previous best practices on coordination of training
logistics
Train -the -Trainer
• Mark43 will provide the number of train -the -trainer
30
sessions identified in Section 2.4.3.1 of this SOW
RMS Mobile
• For any additional training outside of what is defined
30
within this SOW or the SLSA, Subscriber should
Additional Training
follow the Change Control Process outlined in the
Change Control section to request additional training
Administration
services
The following train -the -trainer sessions are included with the purchase of Mark43
subscription items:
2.4.3.1 Training Courses
REFERENCE TRAINING TABLE
Subscriber Size: <100 Sworn
Module
Number of Training
Number of Maximum
Number of
Sessions Offered
Attendees Per
Physical Sites
Session
for Onsite
Training
RMS Fundamentals
1 remote session
30
N/A
RMS Mobile
1 remote session
30
N/A
System
Administration
1 remote session
10
NA
(RMS/CAD)
RMS Case
1 remote session
30
N/A
Management
13
Module
Number of Training
Number of Maximum
Number of
Sessions Offered
Attendees Per
Physical Sites
Cutover Checklist
final changes needed before Go Live
Session
for Onsite
plan and collaborate with Subscriber to ensure
Training
RMS Evidence
1 remote session
15
1
RMS Warrants
1 remote session
15
N/A
Records Group /
1 remote session
25
1
Compliance
BI Suite (full)
1 remote session
10
N/A
Data lake
1 remote session
10
N/A
CAD Dispatch (all
agencies, includes
1 remote session
10
1
DEx)
CAD FR (includes
1 remote session
30
1
DEx)
2.4.4 PHASE 4 - Deploy
Phase 4 focuses on the final activities necessary for cutover to Mark43 production.
Mark43 will provide a cutover checklist detailing tasks necessary for the customer to
cutover to the production tenant.
Mark43 and Subscriber will hold a go/no-go meeting no less than 45 calendar days prior
to the planned Go Live date as outlined in the collaborative project plan to assess
readiness.
The table below outlines Phase 4 activities:
Tasks
Task Details / Deliverables
• Mark43 will provide a Cutover Checklist for
Subscriber. This checklist details: tasks necessary to
cutover to Mark43, Go Live readiness steps, and any
Cutover Checklist
final changes needed before Go Live
• Mark43 will also provide guidance on navigating this
plan and collaborate with Subscriber to ensure
Subscriber can complete all tasks
14
Tasks
Task Details / Deliverables
MILESTONE ACCEPTANCE
• Mark43 and Subscriber will hold a joint go/no-go
Go -Live Readiness
meeting to assess Subscriber's readiness for Go -Live
CRITERIA
and begin use of Mark43 products.
Go -Live
• Mark43 will provide cutover support as per the
• SLSA is executed
Implementation Service Level listed below
• The Mark43 Project Lead will work to introduce the
Customer Success
Mark43 Customer Success team to Subscriber and
Transition
help outline: maintenance plan, issue escalation
Mark43 and Subscriber
protocol, and ongoing status updates
2.5 PROJECT MANAGEMENT MILESTONES
In addition, the Mark43 project is structured using the following project milestones. Each
milestone's completion is determined by completion of the associated acceptance
criteria.
Project Milestones
#
PROJECT
MILESTONE ACCEPTANCE
PAYMENT
MILESTONE
CRITERIA
MILESTONE
1
Effective Date
• SLSA is executed
• Project Kickoff meeting held by
Mark43 and Subscriber
2
Project Kickoff
• Project working group
established by Subscriber
• Meeting cadence established by
Mark43 and Subscriber
• Signed approval on
configurations and workflows for
3
Workflow Validation
Go -Live by subscriber
Complete
• Configurations and workflows
must be approved prior to
scheduling training
• Train -the -trainer sessions
scheduled and conducted by
Mark43
4
Training Complete
• Subscriber trainers identified by
Subscriber
• Training sessions scheduled by
Subscriber
15
#
PROJECT
MILESTONE ACCEPTANCE
PAYMENT
Status Calls and
MILESTONE
CRITERIA
MILESTONE
Project Response
Expected Mark43 response time within 5 business days for
• RMS Production tenant is live
project -related activities
5
Cutover / Go -Live
• Cutover support is complete by
support(a)mark43.com (no phone support). Response time
Product Support
expectation 2-4 business days, 9am - 9pm Eastern, M -F,
Mark43
excluding Federal Holidays.
2.6 IMPLEMENTATION SERVICES OVERVIEW
Services that indicate onsite travel or visits are dependent on travel permitting or
as otherwise agreed to per travel or gathering restrictions.
The table below outlines the expectations for the purchased Implementation Services
Level.
Service
Description
Kickoff Meeting
Remote (Virtual)
Status Calls and
Monthly
Updates Cadence
Project Response
Expected Mark43 response time within 5 business days for
Times
project -related activities
All product and workflow questions should be directed to
Implementation
support(a)mark43.com (no phone support). Response time
Product Support
expectation 2-4 business days, 9am - 9pm Eastern, M -F,
excluding Federal Holidays.
1 remote session, led by Mark43 product support
specialist(s) based on product module; 1 additional remote
Configuration Support
preparatory and discovery session per module. All sessions
should be coordinated with appropriate customer decision
maker and/or SME for that area (e.g., Evidence).
Implementation Onsite
Schedule
Every other month (not to exceed 6 visits)
Technical Services
Remote
Onsite Schedule
' Subscriber may request additional trips, but will be required to submit a change order form
prior to any trips occurring
16
Service
Description
Launch Support
Remote (3 days during business hours [8:OOam Local Time
— 5:OOpm Local Time])
Quality Assurance on
any Interface
Remote
Development
Quality Assurance on
Remote
Any Data Migration
Target Project
8 - 12 months (Contingent upon customer providing all
Duration
required documentation and taking all required action)
Sustainment
30 Day Transition Onsite
Annual Onsite Visit
2.7 CHANGE CONTROL
For any requests to change this SOW, Mark43 and Subscriber will follow the Change
Control Process. Examples of changes include supplementing Subscriber staff with
Mark43 resources, purchasing additional implementation services, adding third party
interfaces to scope, or purchasing existing modules not currently included in the SOW
or SLSA. The Change Control Process will be the main vehicle for containing scope and
confirming that Mark43 and Subscriber can make timely trade-offs between the three
key project variables of cost, time, and scope.
As gaps are defined and mitigated in the Plan, Implement, Training and Deploy phases
of the project, the Change Control Process will be used for formalizing updates to terms
of this SOW, whether or not there is a financial impact. The process is initiated by the
submission of a Change Order Request Form, which will be provided by Mark43 at the
start of the project.
The Change Order Request Form will need to describe the change, rationale for the
change, impact the change will have on the project, and any other pertinent details.
Subscriber Executive Sponsor will review the proposed change and determine whether
to submit the request to Mark43.
Upon Subscriber submission, the Mark43 Project Team will review the Change Order
Request Form with internal Mark43 resources. The following will be presented upon
completion of the internal Mark43 review: any proposed updates; costs to Subscriber;
timeline estimates for the change; and a change order that reflects changes to the
original project scope.
17
Mark43 reserves the right to reject a change request if it is not in the best interest of the
implementation project. Some change requests may be deferred to after cutover to live
operations if they are not critical to the success of the program. Upon signed approval
by Subscriber, Mark43 will commence work as outlined in the Change Order.
3. DATA MIGRATION SERVICES
3.1 DATA MIGRATION SERVICES OVERVIEW
The following section outlines the scope, roles and responsibilities of Mark43 and
Subscriber for the data migration ordered by Subscriber.
A Mark43 Technical Services Lead will serve as Subscriber's main point of contact
during the data migration. The Technical Services Lead will help guide Subscriber
through the phases of data migration — from the initial assessment meeting, to the
cutover catch-up migration — and assist with any questions Subscriber might have
throughout the process. The Technical Services Lead aims to bring together
recommended best practices, blending technical and project coordination processes to
provide meaningful support throughout the project lifecycle.
While the Technical Services Lead is responsible for driving the data migration process,
assistance from Subscriber is necessary to facilitate the project. Subscriber's project
team will need to set aside time bi-weekly (or otherwise determined) for data validation
testing, data reconciliation, NIBRS validation, bug logging and data mapping updates.
The Mark43 Project Lead will outline the scope of these responsibilities at the kick-off
meeting for the project.
If Subscriber anticipates having limited availability, then Subscriber may want to
purchase additional services from Mark43 to reduce the amount of time required from
Subscriber. In addition, once live on the System, Subscriber may decide to migrate data
from additional legacy systems and databases. In such cases, Subscriber should
handle such requests through the Change Control Process outlined in the Change
Control section of this document.
3.2 DATA MIGRATION SCOPE
The following section identifies the scope of data migration services as agreed to in the
S LSA:
Migration SKU
Migration Scope
[DCM 2] RMS PDF
Reference Section 7.2 in Data Migration Appendix for scope
Migration
[DCM 41 Evidence
Reference Section 7.4 in Data Migration Appendix for scope
Migration
18
The following data sources are in scope of the implementation. Data sources and/or
databases not listed in the following table will not be included in the data migration
services.
Name of Legacy Source
Migration SKU
EIS
DCM 2
EIS
DCM 4
A legacy data source is defined as one relational database storing data from one legacy
application. File attachments from the legacy application that are referenced in the
relational database are included as part of the legacy data source. New and/or
repurposed tables and/or fields created in the relational database to store data from
external databases and applications with the intention of circumventing the one legacy
data source definition will not be included in the migration. External data inserted into
the existing relational database tables can be included in the migration if inserted prior
to the Mark43 migration project kickoff and the inserted data adheres to the existing
legacy database model. However, Mark43 is not responsible for data quality issues
stemming from external data inserted into the legacy database.
3.2.2 MIGRATION IMPLEMENTATION SCOPE
Phases / Tasks
Mark43 Task Details
Subscriber Task Details
• Provide access to the in -
scope legacy databases
using one of the methods in
the attached Data Access
Requirements appendix
(3.3.1)
• Generate and provide
access to the in -scope files
Data Access
using the method in the
Requirements
attached Data Access
Requirements appendix
(3.3.1)
• Provide access to the in -
scope legacy databases
and files in a timely manner
to adhere to the project
schedule. Perform
extraction and load test runs
19
Phases / Tasks
Mark43 Task Details
Subscriber Task Details
on dataset to ensure
timelines can be met.
• Work with Subscriber to
• Provide data in the required
create a Migration Scope
migration format to be used
Bundle that contains the
for the migration scope
detailed migration project
assessment
scope and plan
• Work with Mark43 to
• Provide the latest
complete the Migration
conversion data dictionary
Scope Bundle and sign off
to Subscriber
on the document
• Assist Subscriber with
• Complete field -by -field
data mapping
mapping of data fields from
• Offer documentation and
the legacy system to
provide Mark43 product
Mark43's migration schema
knowledge
• Map the following legacy
Scoping/Mapping
• Assist Subscriber with
reference values to Mark43
data mapping
reference values prior to
• Offer documentation and
conversion into Mark43 if
provide Mark43 product
applicable:
knowledge
o Attributes
o Offense Codes
o Name Report Links
o Report Permissions
o Name
Associations/Relation
ships
o Property Chain Event
Types
o Property Storage
Locations
• Work with Subscriber to
Work with Mark43 to
develop ETL (Extract,
develop ETL (Extract,
Development
Transform, Load) scripts
Transform, Load) scripts to
to convert the data from
convert data from the
the legacy system(s) to
legacy system(s) to Mark43
Mark43
• Perform up to three (3)
Provide data in the
Test Loads
rounds of test migration*
required migration format
into a tenant Subscriber
20
Phases / Tasks
Mark43 Task Details
Subscriber Task Details
can access as specified
to be loaded into the
in the Implementation
Mark43 application
Plan. Should additional
rounds of test
conversions be required,
additional implementation
services can be available
for purchase.
• Provide the Entity Count
. Provide Entity Count
Validation document after
Validation Legacy
every test migration
database counts after
round with the following
every test migration round
counts provided:
• Perform field -level
• Count of records
validation on the converted
in the Migration
data
database
• Perform validation within
• Count of records
10 business days of
in the Mark43
receiving migrated data
database
from Mark43
• Correct valid bugs and
. Perform functionality
make mapping change
validation on the converted
requests until the
data by performing test
attached Migration User
workflows on the converted
Validation
Acceptance criteria are
data
met
• (Optional) Perform NIBRS
o Mark43 will not
validation with assistance
perform data
from their State/Regional
cleansing activities
NIBRS office
(e.g., custom
• Log bugs and mapping
formatting of text,
change requests found
duplicate entity
during converted data
reconciliation,
validation
incomplete
• If applicable, perform data
location resolution,
cleansing activities in their
etc.) to correct
legacy database(s) to
data quality issues
prevent bad data from
in the legacy
being migrated into Mark43
database of
Subscriber
• Perform one (1) full
• Provide data in the
Production Load
migration into the final
required migration format
production tenant(s)
to be loaded into the
Phases / Tasks
Mark43 Task Details
Subscriber Task Details
• (Optional) Perform one
Mark43 application for the
(1) follow up delta
full and (optional) delta
migration into the final
migrations
production tenant(s)
• Provide Entity Count
• Provide the Entity Count
Validation Legacy
Validation document after
database counts after
every conversion round
every conversion round
with the following counts
• Perform field -level
provided:
validation on the converted
• Count of records
data
in the Migration
database
• Count of records
in the Mark43
database
• Correct valid migration
bugs logged within (1)
month after the final
migration into the
production tenant(s).
Should additional bug
fixes be required,
additional migration
Post Migration
services can be available
• Log migration bugs found
Support
for purchase.
in the live production tenant
• Should change requests,
as defined as migration
scope not defined on the
signed Migration Scope
Document, be required,
additional migration
services can be available
for purchase.
*Migration Round Definition:
A migration round is a scheduled transfer of records from the Subscriber's legacy
RMS into an isolated Mark43 test environment (tenant)
Migrated records include entities agreed upon by the Subscriber and Mark43
during the migration scoping phase. Migration rounds incrementally expand in
entity scope to allow Subscriber testing and ETL development to happen in
parallel, with the final round including the full in scope data set
22
• Migration rounds include the migration of in scope entities by Mark43 and
corresponding validation activities by Mark43 and the Subscriber
• High priority bugs and change requests, as defined during the migration scoping
phase, present in the migration round will be corrected by Mark43 as part of the
round
• Medium and low priority bugs and change requests will be fixed by Mark43 in
subsequent migration rounds. If the migration round is the final round, high and
medium priority bugs and change requests committed to prior to the round will be
fixed by Mark43 as part of the round.
The following services are out of scope for migration services:
• Data Cleansing: Manipulating legacy data so that it alters how the data was
originally structured or presented in the legacy application. This is including, but
not limited to:
• Merging duplicate entity profiles
• Changing format of dates or names
• Eliminating typos or incorrect characters
• PDF Extraction and Generation: Using data extraction methods to scan legacy
reports and automatically generate PDF files to be migrated or uploaded into the
Mark43 RMS
• Blob Extraction: Using data extraction methods to scan legacy images and
automatically generate images or files to be migrated or uploaded into the
Mark43 RMS
3.3 DATA ACCESS REQUIREMENTS
This document outlines the data access requirements on the part of Subscriber for
conducting a Mark43 data migration project.
3.3.1 DATABASE ACCESS
To develop and test migrations, Mark43 needs access to a copy of the department's in -
scope legacy systems. Permission to create temporary tables and indexes is required
for performance reasons.
The department must provide an export of their legacy database (in -scope and
information schemas only) and share it with Mark43 through the AWS S3 bucket
provided by Mark43. Mark43 can use this export to recreate the snapshot in Mark43's
AWS host.
Depending on the legacy database type, the department must provide the following
zipped file copies of the database:
• Oracle
o Version 10.1 and Up
Dump (.dmp) and log (.log) files generated using expdp utility
23
o Older Versions
• Dump (.dmp) and log (.log) files generated using exp utility
SQL Server
o Backup (.bak) of the legacy database
MySQL
o Dump (.sql) file generated using mysqldump utility
o In the scenario where the department is not able to provide a standard
database copy, the in scope tables can be provided as csv files. This
approach is not recommended and should only be taken when all other
options are exhausted. The csv files must be generated using the
following custom formatting:
o First row is header: true
o Trim whitespaces: true
o Value separator: ^I^
o Row separator: newline
o Null value text: \N
o Escape character: %
o Quote values: always
3.3.2 FILE ACCESS
To migrate attachments, such as PDF copies of reports, mugshots, photos and scanned
files, the department must upload the attachment files (uncompressed) into the AWS S3
bucket provided by Mark43. The files must remain in the S3 bucket until the attachment
migration into Mark43 is completed.
Mark43 must be able to map the uploaded files to the desired entities based on the file
path and filename. For this reason, departments should retain any folder structure and
naming conventions when copying the files into S3. If departments are generating new
files, the folder structure and file naming convention should be consistent so Mark43
can reproduce the path and name in the relevant migration.
4. THIRD PARTY INTERFACE SERVICES
Mark43 supports a number of different interface methods to suit the varying needs of
customers, vendors, and partners. Mark43 is built using service-oriented architecture;
therefore, every system activity has a RESTful API call to accomplish a user action to
transfer data to or from the system. In addition, for partners that prefer other methods of
interface either through a direct database connection or file transfer, Mark43 supports
those needs through a comprehensive set of generic and custom solutions.
4.1 INTERFACE TIERS
Mark43 organizes interface development and maintenance under one of the following
categories:
24
Interface
Tier/SKU
Mark43 Task Details
Subscriber and Vendor Task
Details
• Interfaces that do not
• Subscriber responsibilities
require development
o Provision Mark43
work by Mark43 and may
interface server
require:
• Vendor responsibilities
o An on -premise
o Provide
interface server
documentation and
installation
assist with data
o Maintenance of a
transformation and
regular job by
configuration as
[INT 1] Interface -
Mark43
needed/available
Custom Level 1
o Install Mark43
custom software
on the interface
server
o Complete data
transformation,
configuration, and
development
o Maintain job to
post or pull data
from Mark43
• Interfaces not on the
• Subscriber responsibilities
"Mark43 Industry
o Provision Mark43
Standard Interface
interface server
Types" list or have
• Vendor responsibilities
additional scope not
o Provide
included in the standard
documentation and
requirements that
assist with data
require:
transformation and
o Custom
configuration as
development, data
needed/available
[INT 2] Interface -
transformation, or
Custom Level 2
configuration by
Mark43
o An on -premise
interface server
installation
o Maintenance of a
regular job by
Mark43
• Mark43 responsibilities
o Install Mark43
25
Interface
Tier/SKU
Mark43 Task Details
Subscriber and Vendor Task
Details
custom software
on the interface
server
o Complete data
transformation,
configuration, and
development
• Custom interfaces built
• Subscriber responsibilities
by Mark43 that require:
o Provision Mark43
o Potentially multi-
interface server
directional data
• Vendor responsibilities
transfer between
o Provide
documentation and
Mark43 and the
assist with data
external system
transformation and
o An on -premise
configuration as
[INT 3] Interface -
interface server
needed/available
Custom Level 3
installation
o Maintenance of a
regular job
o Custom data
transformation or
configuration
• Mark43 responsibilities
o Install Mark43
custom software
on the interface
26
Interface
Mark43 Task Details
Subscriber and Vendor Task
Tier/SKU
Details
server
o Complete data
transformation,
configuration, and
development
• Provide developer
• Interfaces built by
documentation
Subscriber IT team or third-
• Offer consultation (up to
party vendor using
1 training session and
Mark43's API, a read-only
support through the help
connection to the Mark43
desk)
• Maintain uptime for the
data lake standard views
[INT 4] Interface -
API and data lake
• Vendor/Subscriber
Self -Build
responsibilities
o Transform data
to/from Mark43's
API or data lake
format
Maintain the scheduled job
that interacts with the
API/data lake
• Interfaces between
Mark43 and a verified
partner vendor
• interface options and
developer documentation
available in the Mark43
developer portal
• Refer to the "Mark43
[INT 5] Interface -
Partner Vendors" list
Partner Level 1
Level 1
• Mark43 requires minimal
development and
configuration work to
setup this interface for
customer
• Customer must accept
interface within document
functionality
[INT 6] Interface -
• Interfaces between
Partner Level 2
Mark43 and a verified
27
Interface
Tier/SKU
Mark43 Task Details
Subscriber and Vendor Task
Details
partner vendor
• Interface options and
developer documentation
available in the Mark43
developer portal
• This interface requires
some configuration and
development per
customer
• Customer must accept
interface within
parameters documented
Subject to the terms and
conditions of the MSA, Mark43
will provide Maintenance
Services for all deployed
interfaces. Maintenance
Services shall consist of the
following:
• Mark43 will maintain the
application software
Maintenance and
installed on the interface
Support
server(s)
• Mark43 will update the
docker containers on the
interface server(s) as
part of the bi-weekly
Mark43 release cycle
• Mark43 will resolve any
defects in the operation
of the interface in a
timely manner
4.2 INTERFACE SCOPE
Mark43 will provide interface services to Subscriber aligned with the appropriate
interface tier in section 4.1.
Interface Name Tier Direction
28
Crossroads
INT 5
One way to Mark43
Traffic Collision
• Provide list of Mark43
• Set up interface servers
E911 — CallWorks
INT 1
One way to Mark43
4.3 INTERFACE IMPLEMENTATION SCOPE
Mark43 and Subscriber will perform the tasks required to design, develop, optimize, test
and integrate the Mark43 platform with third party systems as outlined in this SOW.
Phases / Tasks
Mark43 Task Details
Subscriber Task Details
• Provide list of Mark43
• Set up interface servers
employees requiring
that meet the interface
interfaces server access
server requirements
- these employees will be
detailed in the SLSA
background -checked and
• Provide the listed Mark43
CJIS-certified
employees VPN and server
• Provide Mark43 data lake
access credentials required
access to Subscriber
for accessing the interface
and/or third party vendor
server
if applicable
• Ensure the listed Mark43
Access
• Provide Mark43 Public
employees are able to
Endpoint access to
establish an SSH
Subscriber and/or third
connection to the interface
party vendor if applicable
server over the VPN
• Provide Subscriber and/or
third party vendor access
to Mark43 based on the
requirements in the
attached Interface Access
Requirements appendix
(4.4)
• Work with Subscriber to
• Work with Mark43 and/or
create an Interface
third party vendor to
Scope Bundle for each
complete the Interface
Assessment &
interface. The Interface
Scope Bundle and sign off
Scoping
Scope Bundle contains:
on the document
• Interface Control
• Receive sign off of the
Document (ICD)
Interface Scope Bundle by
• Implementation
the third party vendor if
plan
applicable
29
Phases / Tasks
Mark43 Task Details
Subscriber Task Details
o Interface User
• Complete field -by -field
Acceptance
mapping of data fields from
Criteria
the legacy system to
• Assist Subscriber with
Mark43's external models
interface field mapping
• Map the following legacy
• Provide Mark43
reference values to Mark43
Developer Help Desk
reference values if
access and provide
applicable:
Mark43 product
o Attributes
knowledge
o Offense Codes
o Name Report Links
o Report Permissions
o Name
Associations/Relatio
nships
o Property Chain
Event Types
o Property Storage
Locations
• Work with Subscriber
• Provide test data and/or
and/or third party vendor
sandbox environment to
to develop the interface
develop against
based on the signed
• Provide external system
Interface Scope Bundle
product knowledge and
o Develop interface
technical assistance
Development
to meet
requirements
(INT1, INT2,
specified in the
INT3, INT5)
signed Interface
Control Document
• Develop interface based
on the roles and
responsibilities specified
in the signed Interface
Scope Bundle
• Resolve any identified
• Work internally and/or with
bugs and/or feature gaps
third party vendor to
Development
with the Mark43 Public
develop the interface
(INT4)
Endpoints and/or data
based on the signed
lake if applicable
Interface Scope Bundle
o Develop interface to
meet requirements
30
Phases / Tasks
Mark43 Task Details
Subscriber Task Details
specified in the
signed Interface
Control Document
o Develop interface
based on the roles
and responsibilities
specified in the
signed Interface
Scope Bundle
• Provide a Mark43 test
• Schedule the interface to
tenant to perform
run against the Mark43 test
Testing
interface testing against
tenant if applicable
• Schedule the interface to
run on the Mark43 test
tenant if applicable
• Correct valid bugs and
• Perform entity count
make mapping change
validation on the imported
requests until the
data
attached Interface User
• Perform field -level
Acceptance criteria are
validation on the imported
met
data
• Mark43 will not perform
• Perform functionality
data cleansing activities
validation by performing
(e.g., custom formatting
test workflows on the
Validation
of text, incomplete
imported data
location resolution,
• Log bugs and mapping
complex logic to populate
change requests found
missing data elements,
during imported data
etc.) to correct data
validation
quality issues in the
• If applicable, perform data
external system
cleansing activities and/or
workflow updates in the
external system(s) to
prevent bad data from
being imported into Mark43
Live Scheduling
• Schedule the interface to
• Schedule the interface to
run on the Mark43 live
run on the Mark43 live
tenant if applicable
tenant if applicable
Phases / Tasks
Mark43 Task Details
Subscriber Task Details
Maintenance
• Maintain the containers
• Maintain the interface
installed on the interface
servers
server used to run
• Maintain additional
interfaces
interface access (e.g., file
• Monitor host status and
transfer directory, database
interface throughput and
access) if applicable
notify Subscriber of
• Maintain Subscriber and/or
unexpected deviations
third party vendor
• Maintain the interface
processes (e.g., file
code and schedule if
transfer, data warehouse
applicable
updates, schedule to hit
• Maintain the Mark43
Mark43 endpoints, etc.) if
Public Endpoints and/or
applicable
data lake views used by
• Notify Mark43 of any
the interface if applicable
changes to the endpoint
• Notify Subscriber of any
and or database
changes to relevant
tables/views used by the
Mark43 Public Endpoint
interface if applicable
and data lake views if
• Submit Change Requests
applicable
for changes to live
interfaces that deviate from
the signed Interface Scope
Bundle ICD
4.4 INTERFACE ACCESS REQUIREMENTS
Mark43 supports the following interface methods to suit the needs of customers,
vendors and partners.
4.4.1 WEB SERVICE (RECOMMENDED)
The recommended interface method is through the Mark43 public API library. Mark43
provides a standard set of public endpoints to get and post data to the Mark43 System.
New endpoints can be developed and added to the library if the specified interface
functionality is not currently supported by existing endpoints.
Specifications:
• Secure RESTful API with live documentation and testing
• JSON data transfer via HTTPS
• Individual API authentication tokens provisioned for developers using the API
4.4.2 MARK43 DATA LAKE
32
To support the needs of interfaces that require a direct database connection, the
Mark43 data lake offers the ability to extract data through a read-only MS SQL database
connection. Mark43's cloud -hosted data lake offers the ability to connect reporting tools,
pull custom queries for analysis, or run regular jobs for data extracts without requiring
agencies to host an on -premise data warehouse.
Mark43 provides a set of standard views that have been normalized and optimized for
reporting. Mark43 can develop custom views for partner interface vendors and for
special department needs upon request.
Specifications:
• Secure, encrypted read-only connection to the Mark43 cloud -hosted data lake
• Microsoft SQL Server database
• Individual database accounts provisioned for developers, analysts, or other users
requiring an account on the Mark43 data lake
4.4.3 FILE TRANSFER
Agencies and vendors may opt to build an interface via file transfer. Mark43 provides a
set of configurable file transfer options for ingestion into Mark43 and export from
Mark43.
Specifications:
• File transfer must occur in a directory accessible by the interface server
• Mark43 requires SFTP/SSH permission to the interface server and file transfer
directory
• Mark43 requires permission to create directories and create, move, rename, and
delete files in the file transfer directory
• Transferred files must be in a supported file type: XML (recommended), JSON,
CSV, and standard open file formats (e.g., NIST)
4.4.4 DIRECT DATABASE
Agencies and vendors may opt to provide direct access to a replica database for
Mark43 to query against. Mark43 cannot build interfaces to query against live
production databases.
Specifications:
• The database must support connection via JDBC and/or Hibernate, an open
source Java library for connecting to databases
• Mark43 requires read access to the database
• Agencies and vendors must provide properly indexed views (recommended) or
tables to enable performant queries from Mark43
33
5. MESSAGE SWITCH INTERFACE
5.1 MESSAGE SWITCH INTERFACE SCOPE
The following interfaces will be achieved through access to a CLIPS terminal or
ConnectClC license
Mark43 CAD Functionality (50 ConnectClC Licenses)
• Query (no Entry):
o Persons (driver's license, state warrants, NCIC warrants, and driver's
history)
o Vehicles (registration, state wants, and NCIC wants)
o Firearms (NCIC stolen and state registration [if available])
o Boats (NCIC stolen and state registration [if separate and available])
o Articles (NCIC stolen and state stolen [if one exists])
Subscriber is responsible for:
• Providing Mark43 with the contact information for the agency's terminal agency
coordinator
• Providing any relevant policy, procedures, and technical manuals for local and/or
state databases
• Ensuring a Subscriber connection to in -scope local and/or state databases
• Completing and submitting any applications required for connection to local,
state, and federal databases and receiving application approvals within the
specified project timeframe
Mark43 is responsible for:
• Configuring the Mark43 application to connect to the local and/or state message
switch
• Interfacing the Mark43 application with the middleware (e.g. CommSys,
Datamaxx, or otherwise specified application) to connect to the state and/or
county message switch
6. ESRI INTERFACE
The Mark43 application utilizes ESRI geocoding services to resolve locations and
addresses. The ESRI integration is required in order to resolve locations in the Mark43
application. The ESRI integration will require Mark43 and the Subscriber to implement
an ESRI classifier and may also require an ESRI geolocator depending on the
Subscriber's provided spatial data.
ESRI Classifier: Enables the Mark43 application to classify locations to their
subdivisions with the ESRI classifier created from the Subscriber's polygon
shapefiles.
34
ESRI Geolocator: Enables the Mark43 application to support Subscriber's
additional spatial data such as street centerlines using ESRI to improve location
resolution accuracy.
Component
Description
Required Agency Setup
ESRI Infrastructure
Enables Subscriber to
resolve locations using ESRI.
Classifier
Subscriber will require an
ESRI classifier.
Subscriber will require a
geolocator in addition to a
classifier if the Subscriber
has spatial data in addition to
a polygon shapefile (e.g.
street centerlines
ESRI Data Sharing
Enables Subscriber to share
location data between
No Data Sharing:
Subscriber's ESRI instance
Subscriber and
and the Mark43 application.
Mark43 will not
establish a
mechanism to share
ESRI data between
Subscriber's ESRI
instance and the
Mark43 application
Subscriber will be responsible for:
• Providing polygon shapefiles to Mark43
• Sharing additional spatial with Mark43 if necessary
• Maintaining and updating their own spatial data and polygon shapefiles
• Joining any required groups or file shares to enable ESRI data sharing
• Providing test locations for ESRI testing
• Working with Mark43 to test ESRI location resolution
Mark43 will be responsible for:
• Building ESRI classifier and/or geolocators using Subscriber -provided spatial
data
• Working with Subscriber to test ESRI location resolution
Mark43 will not be responsible for:
• Maintaining and updating Subscriber's spatial data and polygon shapefiles
35
7. CUSTOM PDF EXPORTS
The Mark43 Fillable PDFs feature enables an agency to create a custom, fillable PDF
template that populates information mapped from supported fields in a standard Mark43
RMS report type. Subscriber will be responsible for configuring fillable PDF exports for
use in the Mark43 application and providing the required software requirements outlined
in the SLSA.
Mark43 will be responsible for:
• Providing the agency with up-to-date documentation on how to use the Fillable
PDF feature
• Troubleshooting, assisting with configuration training, and interacting with
Subscriber -designed system administrators
All other activities related to scoping, configuring, testing, and validating each fillable
PDF will be the sole responsibility of Subscriber.
8. QUICKCRASH MODULE — Not Included
36
9. APPENDIX - DATA MIGRATION SERVICES SCOPE
This section states which data elements are in scope and out of scope by each data
migration services SKU.
9.02 DCM 2: RMS REPORTS - BASE MIGRATION
This document outlines the general approach, scope and requirements for a Mark43
implementation of an RMS Reports - Base Migration.
Overview
An RMS Reports - Base Migration allows for case/report data from one legacy system
to be brought over to one department's Mark43 RMS as PDF printouts attached to basic
event information. The advantages of an RMS Reports - Base Migration are:
Allows agencies to retain legacy RMS printouts for the purposes of historical
context and public/court disclosures
Enables a faster launch timeline and is less resource intensive than the
traditional Enterprise migration
Avoids potential data quality concerns of bringing over poorly mapped or poorly
validated data from a legacy system
RMS Reports - Base Migration projects take at least four months to complete with at
least one agency employee working full time on the scoping, mapping and validation of
migrated data. RMS Reports - Base Migration projects receive up to three migration test
rounds prior to the final production migration unless additional test rounds are
purchased.
Note: Migrated data in Mark43 is not intended for audit purposes nor report submission
to state and/or federal agencies such as NIBRS. Migrated data in Mark43 is not
intended to be a full replacement of the source of truth of legacy data stored in the
legacy system. Data quality issues in the legacy system and differences between the
legacy and Mark43 data models introduce risk in using migrated data to meet these
requirements. For this reason, the agency should retain their legacy system to meet
legal and compliance needs and prioritize the migration of data that provides value to
users of Mark43.
Data Elements
Mark43 supports the migration of the below data elements into Mark43. Legacy data
elements must exist and be mappable to these Mark43 data elements to be migrated
into Mark43.
37
Entity Types
The following data elements can be migrated into Mark43:
• Users
o
Name
o
Role
o
Duty
o
Identifiers
o
Email
o
Assignments
• Locations
o
Address
o
Place Name
o
Coordinates
o
Subdivision (i.e. Beat)
• Legacy PDF Reports
o
Event Details
• Event Number
• Location
• Start and End Time
• Responding Officer/Author
o
Narrative
o
PDF Printout Attachments
o
Permissions
The following data elements can be migrated into Mark43 if additional migrations are
purchased:
• Master Names
o Involved People
o Involved Organizations
• Master Items
o Involved Items
The full migration schema can be found in the Migration Field Mapping Template.
Reference Data
The following types of legacy reference data must be mapped to Mark43 values:
Report Permissions (i.e. find, view, edit, manage, etc.)
38
PDF Printout
PDF printout of cases/reports can be migrated into Mark43 and attached to their
corresponding Legacy PDF Report. Depending on the quality of the PDF, the
attachments will have the following functionality in Mark43:
If the PDFs are valid, unencrypted and compatible text PDFs, they can be made
free -text searchable in Mark43's Advanced Search in the following ways:
o Full text search - text can be extracted from the PDF as free text
o Keyword search - agency identifies certain keywords and key elements
that are made searchable for each PDF
Scanned, image, and non -compatible PDFs and other file types can be attached
but will not be searchable
o If departments provide corresponding OCR files for the PDFs, the PDFs
can be made searchable in Mark43
Out of Scope
Data Elements
Mark43 does not support the migration of the following Mark43 data elements:
• Report Draft Histories
o Mark43 does not migrate historical draft versions of reports. Mark43 only
migrates the current report at the time of the migration.
• Report Submission Histories
o Reports will be defaulted to submitted and completed by the Migration
Default User.
• Full Record Audit History
o Mark43 migrations only supports one creator and the latest updater per
record. Additional audit history of records is not supported by the
migration. Mark43 doesn't support migrating the full record audit history
because incremental changes could not be accurately reflected in the
record.
• Fields that do not exist in Mark43
o Mark43 cannot migrate legacy data into fields that do not exist in Mark43.
To request fields to be added to Mark43, the agency must submit a
feature request. The feature request must be approved and in place prior
to migrating data.
• Outside Data Sources
o Mark43 will not migrate data from sources outside of the systems in scope
for migration. This includes, but is not limited to:
• Additional data sources not described in the scope or statement of
work
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• CSV, Text, Excel files
• Paper/non-digital documents
Attachments (files) requiring additional extraction or file manipulation
o BLOBs need to be extracted and provided to Mark43 in a supported file
format.
o Encrypted files need to be provided in a decrypted format to Mark43.
o Compressed files need to be provided in a decompressed format to
Mark43.
Advanced data parsing
o Parsing information to separate data elements such as person names,
address information, narratives, or other complex, concatenated data
types will not be completed as part of the migration processes.
Data Quality
Mark43 does not support the fielded migration of legacy data elements that do not meet
the below data quality standards:
• Invalid Addresses
o Free text addresses that require complex parsing
o Addresses missing key address (i.e. street address missing street
number, cross streets missing second cross street, missing city, etc
• Broken links in the database
o Free text officer information
o Links broken by systematic/database updates
• Duplicated Data Merging
o Duplicated locations
• Orphaned Entities/Data
c Attachments without an associated case number
Mark43 is not responsible for performing data quality clean up of any kind on the legacy
data. Agencies looking to perform data quality clean up must perform the cleansing in
their legacy system prior to sending Mark43 their legacy data. The agency must
acknowledge that data quality issues in the legacy system will be excluded from the
migration or propagated in Mark43.
Requirements
Mark43 will provide the following to support this migration project:
A Technical Services resource to manage the migration project and provide
technical support
A migration database and schema into which the legacy RMS data will be
extracted, transformed and loaded
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• A migration tool that will load the legacy data from the migration database into
the Mark43 database
• A migration tenant where test migrations can be performed and validated by
agency users
The agency will provide the following to support this migration project:
• Generate unencrypted PDFs/case printouts to be migrated and provide them to
Mark43
• Provide Mark43 access to the legacy database and files as specified in the
Migration Data Access Setup Guide
• Identify an agency point of contact for business, technical and validation
decisions
• Assign at least one agency employee to work full time on the migration project for
the duration of the project to support data access, mapping and validation
activities
Appendix A - Fielded Data Schema
Column
Type
Description
UTC DateTime that this record was created in
the legacy system - defaulted by the
dataloader to sourceUpdatedDateUtc or
source created date
datetime
current timestamp minus 1 day if blank
source created_by
varchar
Sources stem user who created the record
UTC DateTime that this record was last
updated in the legacy system - defaulted by the
dataloader to sourceCreatedDate Utc or current
source updated date
datetime
timestamp minus 1 day if blank
source updated_by
varchar
Sources stem user who created the record
Will link to
reporting_events.reporting_event_number in
source_ report_ event number
varchar
Production.
source location id
varchar
Primary location of this report.
narrative
Ion text
Narrative written by reporting officer
event start
datetime
Start time for the event
event end
datetime
End time for the event
The responding officer. Should eventually exist
�as
respondin officer id
varchar
a user.
Appendix B - NIBRS Considerations
PDFs that are migrated are not submitted during monthly NIBRS submissions.
9.04 DCM 4: EVIDENCE MIGRATION
This document outlines the general approach, scope and requirements for a Mark43
implementation of an Evidence Migration.
Overview
An Evidence Migration allows for evidence data from one legacy Evidence system to be
brought over to one department's Mark43 Evidence as PDFs or Staff Remarks attached
to one default chain event. Evidence items, reports and last chain event data will be
fielded and searchable in the Mark43 UI and Data Lake.
The advantages of an Evidence Migration include:
• Allows agencies to retain legacy Evidence chain of custody data for the purposes
of historical context and public/court disclosures
• Enables a faster launch timeline and is less resource intensive for the agency
because complex field mappings are not required
• Avoids potential data quality concerns of bringing over poorly mapped or poorly
validated evidence data from a legacy system
• Avoids potential UI functionality issues caused by incorrect data from a legacy
system
Evidence Migration projects take at least four months to complete with at least one
agency employee working full time on the scoping, mapping and validation of migrated
data. Evidence Migration projects receive up to three migration test rounds prior to the
final production migration unless additional test rounds are purchased.
Note: Migrated data in Mark43 is not intended for audit purposes nor report submission
to state and/or federal agencies such as NIBRS. Migrated data in Mark43 is not
intended to be a full replacement of the source of truth of legacy data stored in the
legacy system. Data quality issues in the legacy system and differences between the
legacy and Mark43 data models introduce risk in using migrated data to meet these
requirements. For this reason, the agency should retain their legacy system to meet
legal and compliance needs and prioritize the migration of data that provides value to
users of Mark43.
Data Elements
Mark43 supports the migration of the below data elements into Mark43. Legacy data
elements must exist and be mappable to these Mark43 data elements to be migrated
into Mark43.
Entity Types
The following data elements can be migrated into Mark43:
• Users
o Name
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o Role
o Duty
o Identifiers
o Email
o Assignments
• Locations
o Address
o Place Name
o Coordinates
o Subdivision (i.e. Beat)
• Custodial Property Summary (CPS) Reports
o Event Details
• Event Number
• Responsible Officer
o Permissions
• Custodial Items
o Description
o Make/Model
o Vehicle Details
o Firearm Details
o Property Status
o Identifiers
o Item Owner
• Item Owner information can be migrated as Legacy Details (free
text, not searchable) or a shell person profile containing Full Name
and Phone Number only (searchable)
• Full Item Owner information can be migrated if a Master Name
migration is purchased
o Recovered Location
o File Attachments
o Legacy Details
• Free text, non-searchable catch-all field
• Chains of Custody
o Associated CPS Report
o Chain of Custody
• Last Event
• If the legacy system has unreliable chain event types, all
legacy custodial property will be migrated with the default
Migration chain event that supports any subsequent chain
event from the UI. Using this default chain event allows
users to perform actions on the custodial property instead of
being "stuck" due to an incorrect legacy value.
• Last Event Date
• Last Storage Location
• Last Performing Officer
• Last Received By
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Disposition Status
Full Chain of Custody
• Option 1: PDFs containing the legacy chain of custody can
be migrated to the Evidence module and attached to the
most recent chain event
• PDFs are not searchable
• PDF contents will print when the chain of custody is
printed
• Option 2: Text outlining the legacy chain of custody can be
migrated to the Evidence module as Staff Remarks
associated to the most recent chain event
• Staff remarks text is searchable through the Evidence
Dashboard Advanced Search
• Staff remarks will print when the chain of custody is
printed
o Staff Remarks
o Barcode
• Mark43 has the ability to migrate legacy barcodes so the agency
doesn't need to re -barcode all property. This is dependent upon the
barcode being compatible with Mark43's barcode scanners, and
can be verified by Mark43 at the beginning of the project.
The following data elements can be migrated into Mark43 if additional migrations are
purchased:
Master Names
o Item Owner - Full Person Profile Details
The full migration schema can be found in the Migration Field Mapping Template.
Reference Data
The following types of legacy reference data can be mapped and configured in Mark43:
Attributes (i.e. item type, item color, etc.)
Custodial Storage Locations
The following types of legacy reference data must be mapped to Mark43 values:
Report Permissions (i.e. find, view, edit, manage, etc.)
Custodial Chain Event Categories (i.e. checked in, checked out, disposed, etc
Vehicle Make/Model
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Out of Scope
Data Elements
Mark43 does not support the migration of the following Mark43 data elements:
• Retention Period
o All Mark43 evidence items receive the default migration retention period,
which is configurable to any length of time through the Admin page.
Mark43 does not support migrating detailed retention periods due to the
complexity of retention period rules and poor data quality in legacy
evidence systems.
• Full Record Audit History
o Mark43 migrations only supports one creator and the latest updater per
record. Additional audit history of records is not supported by the
migration. Mark43 doesn't support migrating the full record audit history
because incremental changes could not be accurately reflected in the
record.
• Fields that do not exist in Mark43
o Mark43 cannot migrate legacy data into fields that do not exist in Mark43.
To request fields to be added to Mark43, the agency must submit a
feature request. The feature request must be approved and in place prior
to migrating data.
• Outside Data Sources
o Mark43 will not migrate data from sources outside of the systems in scope
for migration. This includes, but is not limited to:
• Additional data sources not described in the scope or statement of
work
• CSV, Text, Excel files
• Paper/non-digital documents
Attachments (files) requiring additional extraction or file manipulation
o BLOBs need to be extracted and provided to Mark43 in a supported file
format.
o Encrypted files need to be provided in a decrypted format to Mark43.
o Compressed files need to be provided in a decompressed format to
Mark43.
Advanced data parsing
o Parsing information to separate data elements such as person names,
address information, narratives, or other complex, concatenated data
types will not be completed as part of the migration processes.
Data Quality
Mark43 does not support the fielded migration of legacy data elements that do not meet
the below data quality standards:
45
• Invalid Addresses
o Free text addresses that require complex parsing
o Addresses missing key address (i.e. street address missing street
number, cross streets missing second cross street, missing city, etc.)
• Broken links in the database
o Free text officer information
o Free text, unreliable person involvements
o Links broken by systematic/database updates
• Duplicated Data Merging
o Duplicated items
o Duplicated locations
• Orphaned Entities/Data
o Property and Evidence items without a report number
o Items without an item type
• Broken Chains of Custody
o Chains of Custody that do not meet basic functional requirements (i.e.
check out -> check out -> destroyed -> check in)
Mark43 is not responsible for performing data quality clean up of any kind on the legacy
data. Agencies looking to perform data quality clean up must perform the cleansing in
their legacy system prior to sending Mark43 their legacy data. The agency must
acknowledge that data quality issues in the legacy system will be excluded from the
migration or propagated in Mark43.
Requirements
Mark43 will provide the following to support this migration project:
• A Technical Services resource to manage the migration project and provide
technical support
• A migration database and schema into which the legacy RMS data will be
extracted, transformed and loaded
• A migration tool that will load the legacy data from the migration database into
the Mark43 database
• A migration tenant where test migrations can be performed and validated by
agency users
The agency will provide the following to support this migration project:
• Provide Mark43 access to the legacy database and files as specified in the
Migration Data Access Setup Guide
• Identify an agency point of contact for business, technical and validation
decisions
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Assign at least one agency employee to work full time on the migration project for
the duration of the project to support data access, mapping and validation
activities
Full Chain of Custody
o Option 1: PDF
• Generate the unencrypted PDFs to be migrated and provide them
to Mark43
o Option 2: Staff Remarks
• Provide Mark43 with access to the chain of custody data in a CSV,
database, or other format deemed compatible by Mark43 (more
detailed requirements for acceptable data access and formats can
be provided)
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