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From:
Justin Pierce
To:
Wendy Henson
Cc:
Sharon Antes; Amy Bytnar
Subject:
RE: [EXTERNAL] Vector Scheduling Demo Follow Up
Date:
Wednesday, June 28, 2023 3:17:50 PM
Attachments:
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External Sender - From: (Justin Pierce
<justin@piercecoleman.com>)
This message came from outside your organization.
Go ahead and move forward. Thanks!
Justin
From: Wendy Henson <whenson@elmirageaz.gov>
Sent: Monday, June 26, 2023 11:53 AM
To: Justin Pierce <justin@piercecoleman.com>
Cc: Sharon Antes <santes@elmirageaz.gov>; Amy Bytnar <abytnar@elmirageaz.gov>
Subject: FW: [EXTERNAL] Vector Scheduling Demo Follow Up
Good morning,
Please review the attached per the below request.
Thank you,
Wendy Henson, CPM
City of El Mirage
10000 N. El Mirage Road
El Mirage, AZ 85335
P: 623-876-2931 | F: 623-935-6184 | E: whenson@elmirageaz.gov
www.elmirageaz.gov
From: Amy Bytnar <abytnar@elmirageaz.gov>
Sent: Monday, June 26, 2023 10:55 AM
To: Wendy Henson <whenson@elmirageaz.gov>
Subject: FW: Vector Scheduling Demo Follow Up
Good morning Wendy,
The attached agreement from Vector Scheduling needs to be reviewed by legal. It’s the new
scheduling software our officers are going to use for FY23/24 and forward.
Thank you!
Amy Bytnar– Fiscal Services Specialist, Sr
El Mirage Police Department
12401 W. Cinnabar Avenue, El Mirage, AZ 85335
P: 623-500-3015 | F: 623-500-3001 | E: abytnar@elmirageaz.gov
City Office Hours: Monday-Thursday 7:00AM – 5:30 PM **Closed Fridays**
From: Michael Ashley <mashley@elmirageaz.gov>
Sent: Thursday, June 22, 2023 4:26 PM
To: Paul N. Marzocca <pmarzocca@elmirageaz.gov>
Cc: Amy Bytnar <abytnar@elmirageaz.gov>; Michael Ashley <mashley@elmirageaz.gov>
Subject: FW: Vector Scheduling Demo Follow Up
Chief, does this get signed by you and does it have to go to council (again) or legal?
Michael Ashley M.Ed. – Deputy Director of Police Administration
El Mirage Police Department
12401 W. Cinnabar Avenue, El Mirage, AZ 85335
P: 623-500-3007 | F: 623-500-3001 | E: mashley@elmirageaz.gov
From: Jimmy R. Chavez <jchavez@elmirageaz.gov>
Sent: Wednesday, June 21, 2023 3:28 PM
To: Michael Ashley <mashley@elmirageaz.gov>
Cc: Doug Hildebrandt <dhildebrandt@elmirageaz.gov>
Subject: FW: Vector Scheduling Demo Follow Up
Mike,
Attached is the invoice for Vector Scheduling. We were awarded $$ in the new budget for
this. The final cost is going to be less than what we originally thought since we only need
sworn personnel to access. The thought is all sworn and P/E would be the users. In the
message below, we can sign the agreement now, have it take effect July 1 to allow the
company to build our site, then handle payment shortly thereafter.
Jimmy
Jimmy Chavez - Lieutenant
El Mirage Police Department
12401 W Cinnabar Avenue, El Mirage, AZ 85335
P: 623-500-3064 | M: 623-694-2192 | E: jchavez@elmirageaz.gov
From: Alexis Yovanno <alexis.yovanno@vectorsolutions.com>
Sent: Wednesday, June 21, 2023 2:31 PM
To: Jimmy R. Chavez <jchavez@elmirageaz.gov>
Subject: Vector Scheduling Demo Follow Up
Hello Lieutenant Chavez, Thank you for joining Darrin and I for a demonstration of our scheduling platform. Our goal is to help your agency have more access to your scheduling platform, automated callbacks to fill vacant shifts, time off request
Hello Lieutenant Chavez,
Thank you for joining Darrin and I for a demonstration of our scheduling platform. Our goal is
to help your agency have more access to your scheduling platform, automated callbacks to fill
vacant shifts, time off request ease, access to a mobile app, and more.
I have included an agreement for Vector Scheduling for 64 personnel. I have the effective date
for July 1st. This means if the agreement is signed off now, we can start building the site out
for your agency to start utilizing it by July 1st. Billing will not be until the week of July 1st.
Direct: 805.407.8316
Please let me know if you have any questions!
Warmly,
Alexis Yovanno
Account Executive
alexis.yovanno@vectorsolutions.com
Follow me on
Quote ID
Q-267660
Valid Until
Friday, July 21, 2023
Contact Name
Alexis Yovanno
TargetSolutions Learning, LLC Agreement
Schedule A
Date: Wednesday, June 21, 2023
Client Information
Agreement Term
Invoicing Contact Information (Please fill in missing information)
Annual Fee(s)
One-Time Fee(s)
Client Name: El Mirage Police Department (AZ)
Address:
12401 West Cinnabar Avenue
El Mirage, AZ 85335
Primary Contact Name:
Jimmy Chavez
Primary Contact Phone:
623-500-3064
Effective Date: 07/01/23
Initial Term: 36 months
Billing Contact Name:
Billing Address:
12401 West Cinnabar Avenue
El Mirage, Arizona 85335
Billing Phone:
Billing Email:
PO#:
Billing Frequency:
Annual
Payment Terms:
Net 30
Product
Code
Product
Description
Minimum
Annual
Commitment
Price
Sub Total
TSSCH
Vector Scheduling
Vector Scheduling for
web and mobile
64
$92.70
$5,932.80
TSSCHMF
Vector Scheduling -
Maintenance Fee
Annual maintenance of
Vector Scheduling
1
$164.00
$164.00
Annual Total::
$6,096.80
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1
Public Sector SaaS Rev. U (Issued 02.02.2022)
Please note this is not an invoice. An invoice will be sent within fourteen (14) business days.
Additional Terms and Conditions.
The following are in addition to the Client Agreement General Terms and Conditions.
1.
Additional Named Users added after the Effective Date will be invoiced at the full per Named User fee.
Such additional Named Users shall become part of the Minimum Annual Commitment for subsequent
years, on the anniversary date of each contract year or upon renewals under the Agreement.
2.
You agree to pay for the number of Named Users using or licensed to access the Services in a given
contract year. Subject to the Minimum Annual Commitment, Changes in Named User counts will be
reflected in the annual contract amount from that period forward for all Users.
3.
Subject to the above Minimum Annual Commitment, annual fees for your use of the Services will be
based upon the number of Named Users in a given contract year.
4.
Named Users deactivated in a given contract year will not count towards the total number of Named
Users in the year following such deactivation, unless reactivated.
5.
Fees, both during the Initial Term, as well as any Renewal Terms, shall be increased by 5.0% per
contract year. Changes in Named User counts will be reflected in the annual contract amount from that
period forward for all Users.
6.
All undisputed invoices are due and payable Net 30 days after invoice date (“Due Date”). Any fees
unpaid for more than 10 days past the Due Date shall bear interest at 1.5% per month or the highest
applicable rate permitted by law.
7.
AUTOMATIC RENEWAL. UNLESS OTHERWISE AGREED OR WHERE PROHIBITED BY
APPLICABLE LAW OR REGULATION, UPON EXPIRATION OF THE ABOVE INITIAL TERM, THIS
AGREEMENT WILL RENEW FOR A RENEWAL TERM EQUAL TO THE INITIAL TERM AT VECTOR
SOLUTIONS’ THEN CURRENT FEES, UNLESS NOTICE IS GIVEN BY EITHER PARTY OF ITS
INTENT TO TERMINATE THE AGREEMENT AT LEAST SIXTY (60) DAYS PRIOR TO THE
SCHEDULED TERMINATION DATE.
Product
Code
Product
Description
Qty
Price
Sub Total
SCHIMP
Vector Scheduling
Implementation
Investment
Implementation
investment for Vector
Solutions Scheduling
Platform
1
$800.00
$800.00
One-Time Total:
$800.00
Grand Total (including Annual and One-Time):
$6,896.80
Address for Notices:
4890 W. Kennedy Blvd., Suite 300
Tampa, FL 33609
12401 West Cinnabar Avenue
El Mirage, AZ 85335
Page
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Public Sector SaaS Rev. U (Issued 02.02.2022)
VECTOR SOLUTIONS PUBLIC SECTOR SOFTWARE AS A SERVICE AGREEMENT
This Vector Solutions Software as a Service Agreement (the “Agreement”), effective as of the date noted in the attached
Schedule A (the “Effective Date”), is by and between TargetSolutions Learning, LLC, d/b/a Vector Solutions, (“We/Us””)
a Delaware limited liability company, and the undersigned customer (“You/Your”), (each a “Party” or “Parties) and governs
the purchase and ongoing use of the Services described in this Agreement.
GENERAL TERMS AND CONDITIONS
1. SERVICES. We shall provide the following Software as a Service (“Services”):
1.1. Access and Use. We grant You a non-exclusive, non-transferable revocable authorization to remotely access and use the
software as a service offering identified in Schedule A (the “Services”) and, unless prohibited by law, We will provide access to
any persons You designate for use as described in these terms and conditions. For clarification, We authorize access and use
on a “one user per one authorization basis” and once granted, You are not allowed to transfer authorizations to other users.
Your ability to use the Services may be affected by minimum system requirements or other factors, such as Your Internet
connection.
1.2. Availability. We will use commercially reasonable efforts to provide access to and use of the Services twenty-four (24)
hours a day, seven (7) days a week, subject to scheduled downtime for routine maintenance, emergency maintenance,
system outages, and other outages beyond our control.
1.3. Help Desk. We will assist You as needed on issues relating to usage via e-mail, and a toll-free Help Desk five (5) days
per week, at scheduled hours, currently 8:00am to 6:00 pm Eastern Time, Monday-Friday or https://
support.vectorsolutions.com/s/contactsupport
1.4. Upgrades and Updates. We reserve the right, in our discretion, to make updates or upgrades to the Services that are
necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of the Services; (ii) the competitive strength of or
market for the Services; or (iii) the Services’ cost efficiency or performance; or (b) to comply with applicable law. For no
additional charge, You will receive access to any general upgrades and updates to the Services which We make generally
available to our other customers. All updates and upgrades to the Services are subject to these terms and conditions.
1.5 Additional Services. From time to time, the Parties may decide in their discretion to add additional Services, subject to
the Parties’ execution of one or more change forms which shall be substantially in the form of the Schedule A and shall
incorporate these terms and conditions by reference. Each individual Schedule A shall have its own service term.
2. YOUR RESPONSIBILITIES AND USE RESTRICTIONS.
2.1. Compliance. You shall be responsible for all Users’ compliance with this Agreement and shall use commercially
reasonable efforts to prevent unauthorized access to or use of the Services. You shall comply with all applicable laws,
standards, and regulations and will not use the Services in a manner not specified or permitted by Us.
2.2. Identify Named Users. A “Named User” is defined as Your employees, consultants, contractors, and agents You
authorize to access and use the Services You are purchasing during each contract year (“Term”) of the Agreement.
2.2.1. You will be responsible for the following: (a) cause each of Your Named Users to complete a unique profile if not created
by Vector Solutions on their behalf; and (b) timely maintain a user database by adding a unique profile for each new Named
User. Due to licensing and data retention requirements, Named Users may not be removed from our system unless required
by law. You will be responsible for identifying Named Users from time to time during the Term of this Agreement through
available system capabilities.
2.3. Future Functionality. You agree that Your purchases are not contingent on Our delivery of any future functionality or
features. You are not relying on any comments regarding future functionality or features.
3. FEES AND PAYMENTS.
3.1. Fees and Payment. You will pay for the Services in accordance with the payment terms, frequency, and fee schedule in
Schedule A attached to this Agreement. All fees collected by Us under this Agreement are fully earned when due and
nonrefundable when paid, except if You terminate this Agreement for cause as described in Section 5.2.
3.2. Due Date. All fees due under this Agreement must be paid in United States Dollars or Canadian Dollars or as specified in
Schedule A as applicable to Your location. We will invoice You in advance and all undisputed invoices are due and payable on
the due date specified in Schedule A.
3.3. Suspension of Service. If You do not make an undisputed payment on time, We may suspend Your or Your Named
Users’ access to the Services without further notice until all overdue payments are paid in full. Our suspension of Your use of
the Services or termination of the Agreement for Your violation of the terms of this Agreement will not change Your obligation
to pay any and all payments due for the applicable Term.
3.3.1. We may also suspend, terminate, or otherwise deny Your access or any Named User’s access to or use of all or any
part of the Services, without incurring any liability to You, if: (a) We receive a judicial or other governmental demand or order,
subpoena, or law enforcement request that expressly or by reasonable implication requires Us to do so; or (b) We believe, in
good faith and reasonable discretion, that: (i) You or any Named User, have failed to comply with any term of this Agreement,
Page
3
Public Sector SaaS Rev. U (Issued 02.02.2022)
or accessed or used the Services beyond the scope of the rights granted, or for a purpose not authorized under this
Agreement; or (ii) Your use of the Services causes a direct or indirect threat to our network function or integrity, or to Our other
customers' ability to access and use the Services; or (iii) You or any Named User, are or have been involved in any fraudulent,
misleading, or unlawful activities relating to or in connection with any of the Services; or (iv) this Agreement expires or is
terminated. This Section 3.3 does not limit any of Our other rights or remedies under this Agreement.
3.4. Taxes. All fees under this Agreement exclude all sales, use, value-added taxes, and other taxes and government
charges, whether Federal, State, or foreign, and You will be responsible for payment of all such taxes (other than taxes based
on our income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees
under this Agreement including the access to or performance of the Services hereunder. If We have a legal obligation to pay
or collect taxes for which You are responsible under the Agreement, then then We will invoice, and You will pay the
appropriate amount unless You claim tax exempt status for amounts due under this Agreement and provide Us with a valid tax
exemption certificate (authorized by the applicable governmental authority) promptly upon execution of this Agreement. If any
taxes shall be required by law to be deducted or withheld from any fee payable hereunder by You to Us, You shall, after
making the required deduction or withholding, increase such fee payable as may be necessary to ensure that We shall receive
an amount equal to the fee We would have received had no such deduction or withholding been made.
4. INTELLECTUAL PROPERTY RIGHTS.
4.1. We alone (and our licensors, where applicable) shall own all rights, title, and interest in and to our software, website and
technology, the course content (if any), and the Services We provide, including all documentation associated with the
Services. If You provide any suggestions, ideas, enhancement requests, feedback, recommendations, or other information
provided by You (collectively “Feedback”), We may use such Feedback to improve the Services without charge, royalties, or
other obligation to You, and Our use of Your Feedback does not give You any property rights to the Services.
The Vector Solutions name and logo are trademarks of Vector Solutions, and no right or license is granted to You to use them.
You shall own all rights, title, and interest in and to Your added software, Your content, and information collected from Your
content pages (“Your Data”). You shall have no rights in or to any other data collected that is not affiliated with You. Your
content, email addresses, and personal information of Your Named Users or Your EHS Active Employees You entered into the
database, or any of Your customers or users is Your sole property. We will not, at any time, redistribute, share, or sell any of
Your email addresses, email server domain names, customer names, or personal information. Course content that You
purchase from third-party course providers and access through our LMS will require the sharing of certain user information
with Us in order for Us to properly track and report usage.
4.2. You recognize that We regard the software We have developed to deliver the Services as our proprietary information and
as confidential trade secrets of great value. You agree not to provide or to otherwise make available in any form the software
or Services, or any portion thereof, to any person other than Your Named Users without our prior written consent. You further
agree to treat the Services with at least the same degree of care with which You treat Your own confidential information and in
no event with less care than is reasonably required to protect the confidentiality of the Services.
4.2.1 Except as otherwise agreed in writing or to the extent necessary for You to use the Services in accordance with this
Agreement, You are not allowed to: (a) copy the course content in whole or in part; (b) display, reproduce, create derivative
works from, transmit, sell, distribute, rent, lease, sublicense, transfer or in any way exploit the course content in whole or in
part; (c) embed the course content into other products; (d) use any of our trademarks, service marks, domain names, logos, or
other identifiers or any of our third party suppliers; (e) reverse engineer, decompile, disassemble, or access the source code of
any of our Services or software, (f) use the software or Services for any purpose that is unlawful; (g) alter or tamper with the
Services and/or associated documentation in any way; (h) attempt to defeat any security measures that We may take to
protect the confidentiality and proprietary nature of the Services; (i) remove, obscure, conceal, or alter any marking or notice of
proprietary rights that may appear on or in the Services and/or associated documentation; or (j) except as permitted by this
Agreement, knowingly allow any individual or entity under Your control to access Services without authorization under this
Agreement for such access.
4.3. We acknowledge that You alone shall own all rights, title, and interest in and to Your name, trademarks, or logos, and
this Agreement does not give Us any rights of ownership to the same. You hereby authorize Us to use Your name, trademarks,
or logos in promotional materials, press releases, advertising, or in other publications or websites, whether oral or written. If
You do not consent to Our use of Your name or logo, You may withdraw Your consent at any time by notifying Us at
logousage@vectorsolutions.com.
5. TERM, TERMINATION, AND NOTICE.
5.1 Term. The term of this Agreement will start on the Effective Date, and will remain in full force and effect for the initial term
(the “Initial Term”) indicated in Schedule A. Upon expiration or early termination of this Agreement by either Party as
described below in Section 5.2 (Termination for Cause) or for any reason, You shall immediately discontinue all use of the
Services and documentation, and You acknowledge that We will terminate Your ability to access the Services.
Notwithstanding, access to the Services may remain active for thirty (30) days solely for purpose of our record keeping (the
“Expiration Period”). If You continue to access or use the Services following the Expiration Period, then Your continued use
will renew the Agreement under the same terms and conditions, subject to any annual price adjustments.
5.2 Termination for Cause. Either Party may terminate this Agreement, effective upon written notice to the other Party (the
“Defaulting Party”), if the Defaulting Party materially breaches this Agreement, and that breach is incapable of cure, or with
respect to a material breach capable of cure, and the Defaulting Party does not cure the breach within thirty (30) days after
receipt of written notice of the breach. If You terminate this Agreement due to Our material breach, then We will return an
amount equal to the pro-rated fees already paid for the balance of the term as of the date of termination as Your only remedy.
5.3. Notice. All required notices by either Party shall be given by email, personal delivery (including reputable courier service),
fees prepaid, or by sending the notice by registered or certified mail return receipt requested, postage prepaid, and addressed
as set forth in Schedule A. Such notices shall be deemed to have been given and delivered upon receipt or attempted
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Public Sector SaaS Rev. U (Issued 02.02.2022)
delivery (if receipt is refused), as the case may be, and the date of receipt identified by the applicable postal service on any
return receipt card shall be conclusive evidence of receipt. Notices and other communications sent by e-mail shall be deemed
received upon the sender's receipt of an acknowledgment from the recipient (such as by the "return receipt requested"
function, as available, return e-mail or other written acknowledgment). Either Party, by written notice to the other as described
above, may alter its address for written notices.
6. MUTUAL WARRANTIES AND DISCLAIMER.
6.1. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that: (a) it is duly
organized, validly existing, and in good standing as a corporation or other entity under the Laws of the jurisdiction of its
incorporation or other organization; (b) it has the full right, power, and authority to enter into and perform its obligations and
grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement; (c) the
acceptance of this Agreement has been duly authorized by all necessary corporate or organizational action ; and (d) when
executed and delivered by both Parties, this Agreement will constitute the legal, valid, and binding obligation of each Party,
enforceable against each Party in accordance with its terms.
6.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. WE DO NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR
FREE. THE SERVICES AND ASSOCIATED DOCUMENTATION ARE PROVIDED “AS IS,” AND WE PROVIDE NO OTHER
EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES REGARDING THE SERVICES OR ASSOCIATED
DOCUMENTATION.
6.3. Disclaimer of Third-Party Content. If You upload third-party content to our platform or Services, the third- party content
providers are responsible for ensuring their content is accurate and compliant with national and international laws. We are not
and shall not be held responsible or liable for any third-party content You provide or Your use of that third-party content.
THERE IS NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THIRD PARTY CONTENT
ACCESSIBLE THROUGH THE SERVICES.
6.4 None of our employees, marketing partners, resellers, or agents are authorized to make any warranty other than the
Warranties stated in this Agreement. The provisions in any specification, brochure, or chart are descriptive only and are not
warranties.
7. LIMITATION OF LIABILITY. EXCEPT FOR CLAIMS RELATED TO VIOLATION OF INTELLECTUAL PROPERTY
RIGHTS, GROSS NEGLIGENCE, FRAUD, OR WILFULL MISCONDUCT, (A) IN NO EVENT SHALL EITHER PARTY BE
LIABLE TO THE OTHER PARTY, ANY AFFILIATE, THIRD-PARTY, OR YOUR USERS, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, AND (B) IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING FOR BREACH OF THIS
AGREEMENT), YOU AGREE THAT YOUR EXCLUSIVE REMEDY WILL BE TO RECOVER DIRECT DAMAGES FROM US,
UP TO AN AMOUNT EQUAL TO THE TOTAL FEES ALREADY PAID TO US FOR THE PRECEDING TWELVE (12)
MONTHS.
7.1.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM,
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, ANY AFFILIATE, ANY THIRD PARTY OR YOUR USERS
FOR ANY CLAIM, CAUSE OF ACTION, DEMAND, LIABILITY, DAMAGES, AWARDS, FINES, OR OTHERWISE, ARISING
OUT OF OR RELATING TO PERSONAL INJURY, DEATH, OR OTHER HARM CAUSED FROM USE OF OR RELIANCE ON
THE CONTENT OF THE COURSES OR SERVICES. YOU, YOUR AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS,
USERS, AND REPRESENTATIVES RELY ON THE CONTENT OF THE COURSES AND SERVICES AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES SO,
SOLELY TO THE EXTENT SUCH LAW APPLIES TO YOU, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU.
8. OBLIGATIONS OF BOTH PARTIES.
8.1. Our Obligation to You. We shall indemnify and hold You harmless from any and all claims, damages, losses, and
expenses, including but not limited to reasonable attorney fees, arising out of or resulting from any third-party claim that any
document, course, or intellectual property We provide or upload to our platform infringes or violates any intellectual property
right of any person.
8.2. Your Obligation to Us. To the extent not prohibited by applicable law, You shall indemnify and hold Us harmless from any and all claims,
damages, losses, and expenses, including but not limited to reasonable attorney fees, arising out of or resulting from any third-party claim that
any document, courses, or intellectual property You provide or upload to our platform infringes or violates any intellectual property right of any
person.
9. CONFIDENTIALITY.
9.1. Each Party may from time to time disclose to the other Party “Confidential Information” which shall mean and include the
Services (including without limitation all courses accessed through the Services), all documentation associated with the
Services, software code (include source and object code), marketing plans, technical information, product development plans,
research, trade secrets, know-how, ideas, designs, drawings, specifications, techniques, programs, systems, and processes.
9.2. Confidential Information does not include: (a) information generally available to or known to the public through no fault of
the receiving Party; (b) information known to the recipient prior to the Effective Date of the Agreement; (c) information
independently developed by the recipient outside the scope of this Agreement and without the use of or reliance on the
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Public Sector SaaS Rev. U (Issued 02.02.2022)
disclosing Party’s Confidential Information; or (d) information lawfully disclosed by a third party. The obligations set forth in this
Section shall survive termination of this Agreement.
9.3. Each Party agrees that it shall not disclose the Confidential Information of the other to any third party without the express
written consent of the other Party, that it shall take reasonable measures to prevent any unauthorized disclosure by its
employees, agents, contractors or consultants, that it shall not make use of any such Confidential Information other than for
performance of this Agreement, and that it shall use at least the same degree of care to avoid disclosure of Confidential
Information as it uses with respect to its own Confidential Information.
9.4. The confidentiality obligations imposed by this Agreement shall not apply to information required to be disclosed by
compulsory judicial or administrative process or by law or regulation, provided that the receiving Party shall (if permitted) notify
the disclosing Party of the required disclosure, shall use reasonable measures to protect the confidentiality of the Confidential
Information disclosed, and shall only disclose as much Confidential Information as is required to be disclosed by the judicial or
administrative process, law, or regulation.
10. MISCELLANEOUS.
10.1. Assignment. Neither Party may freely assign or transfer any or all of its rights without the other Party’s consent, except
to an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its
assets, provided however You shall not assign this Agreement to our direct competitors.
10.2. Governing Law. This Agreement shall be governed by, and enforced in accordance with, the laws of the state of Florida,
except where Customer is a public entity or institution in which case the applicable state, provincial, or tribal law where You
are located shall govern, in either case without regard to the state’s or local laws conflicts of laws provisions. If You are
purchasing goods under this Agreement, the Parties agree that the United Nations Convention on Contracts for the
International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods
shall not apply to this Agreement. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT
MAY HAVE TO A TRIAL BY JURY IN ANY ACTION ARISING HEREUNDER.
10.3. Export Regulations. All Content and Services and technical data delivered under this Agreement are subject to
applicable US and Canadian laws and may be subject to export and import regulations in other countries. Both Parties agree
to comply strictly with all such laws and regulations and You knowledge that You are responsible for obtaining such licenses
to export, re-export, or import as may be required after delivery.
10.4. Force Majeure. In no event will either Party be liable or responsible to the other Party or be deemed to have defaulted
under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any
obligations to make payments) when and to the extent such failure or delay in performing is due to, or arising out of, any
circumstances beyond such Party’s control (a “Force Majeure Event”), including, without limitation, acts of God, strikes,
lockouts, war, riots, lightning, fire, storm, flood, explosion, interruption or delay in power supply, computer virus, governmental
laws, regulations, or shutdown, national or regional shortage of adequate power or telecommunications, or other restraints.
10.5. No Waiver. No waiver, amendment or modification of this Agreement shall be effective unless in writing and signed by
the Parties.
10.6. Severability. If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such
provision shall be of no force or effect, but the remainder of this Agreement shall continue in full force and effect.
10.7. Survival. All provisions of this Agreement (including without limitation those pertaining to confidential information,
intellectual property ownership, and limitations of liability) that would reasonably be expected to survive expiration or early
termination of this Agreement will do so.
10.8. No Third-Party Beneficiaries. The Parties do not intend to confer any right or remedy on any third party under this
Agreement.
10.9. Purchase Orders. You may issue a purchase order if required by Your company or entity and failure to do so does not
cancel any obligation You have to Us. If You do issue a purchase order, it will be for Your convenience only. You agree that the
terms and conditions of this Agreement shall control. Any terms or conditions included in a purchase order or similar document
You issue that conflict with the terms and conditions of this Agreement will not apply to or govern the transaction resulting from
Your purchase order.
10.10. Data Processing Agreement. If applicable, the parties shall negotiate in good faith and enter into any further data
processing or transfer agreement, including any standard contractual clauses for transfers of data outside of the country where
the personal data originates, as may be required to comply with applicable laws, rules and regulations regarding the collection,
storage, transfer, use, retention and other processing of personal data.
10.11. Entire Agreement. This Agreement and Schedule A represent the entire understanding and agreement between the
Parties, and supersedes all other negotiations, proposals, understandings, and representations (written or oral) made by and
between You and Us. You acknowledge and agree that the terms of this Agreement are incorporated in, and are a part of,
each purchase order, change order, or Schedule related to our provision of Services. This Agreement prevails over any
additional or conflicting terms or conditions in any Customer purchase orders, online procurement terms, or other non-
negotiated forms relating to the Services or this Agreement hereto even if dated later than the effective date of this Agreement.
Page
6
Public Sector SaaS Rev. U (Issued 02.02.2022)
Quote ID
Q-267660
Valid Until
Friday, July 21, 2023
Contact Name
Alexis Yovanno
SPECIAL TERMS AND CONDITIONS
SERVICE SPECIFIC TERMS AND CONDITIONS
CALIFORNIA CONSUMER PRIVACY ACT
If We will be processing personal information subject to the California Consumer Privacy Act, sections 1798.100 to
1798.199, Cal. Civ. Code (2018) as may be amended as well as all regulations promulgated thereunder from time to time
(“CCPA”), on Your behalf in the course of the performance of the Services, then the terms “California consumer,”
“business purpose,” “service provider,” “sell” and “personal information” shall carry the meanings set forth in the CCPA.
CCPA Disclosures: To the extent the CCPA applies to our processing of any personal information pursuant to Your
instructions in relation to this Agreement, the following also apply: (a) The Parties have read and understand the
provisions and requirements of the CCPA and shall comply with them; (b) It is the intent of the Parties that the sharing or
transferring of personal information of California consumers from You to Us, during the course of our performance of this
Agreement, does not constitute selling of personal information as that term is defined in the CCPA, because You are not
sharing or transferring such data to Us for valuable consideration; (c) We will only use personal information for the
specific purpose(s) of performing the Services, including any Schedules within the direct business relationship with You.
A. Vector EHS Management Services
A. This Section A contains service specific terms and conditions that will apply only if You are purchasing Vector EHS
Management Services (“EHS Services”) in Schedule A. Otherwise, the following terms will not apply to You.
1.
An “EHS Active Employee” is defined as Your employees, consultants, contractors, and agents who are contained
in the Vector EHS employee and contractor table with an active status. An employee may or may not be a Named
User. For EHS Services, You are allowed a Named User for each EHS Active Employee.
2. You will be able to activate or disable employees without incurring additional EHS Active Employee fees as long as
the total number of EHS Active Employees does not exceed the number of employees included in Scheduled A.
3. EHS Active Employees added after the Effective Date in Schedule A shall be billed at the full per employee fee. Such
additional EHS Active Employees shall become part of the Minimum Annual Commitment for subsequent years, on the
anniversary date of each contract year or upon renewals under the Agreement.
4. You agree to pay for the number of EHS Active Employees in the EHS Services in a given contract year.
5. Subject to the Minimum Annual Commitment, if any, set forth in Schedule A, annual fees for Your use of the Services
will be based upon the actual number of EHS Active Employees in a given contract year. Employees inactivated in a
given contract year will not count towards the total number of employees in the year following such inactivation, unless
reactivated.
6. You acknowledge that certain transmissions You receive as part of the EHS Services may contain sensitive personal
information that You have provided. You understand that We do not control or own the data contained in such
transmissions. As such, You will be responsible for ensuring that the information is secured and preventing the
transmission and/or disclosure of such information to unauthorized recipient(s). In the event such information is disclosed
to an unauthorized recipient(s), You shall be responsible for notifying Your EHS Active Employee(s) whose information
may have been disclosed to the extent required by law. Both Parties further agree to handle such data in compliance
with any applicable Federal, State, or local laws or regulations. You shall also be responsible for any threatening,
defamatory, obscene, offensive, or illegal content or conduct of any of Your EHS Active Employees when using the
Services. To the extent not prohibited by applicable law, You shall indemnify, defend, and hold Us harmless against any
claims that may arise as a result of these matters. With respect to Your use of the EHS Services, You acknowledge that
We are not a covered entity or business associate under HIPAA.
Page
7
Commercial SaaS Rev. V (Issued 09.10.2021)
B. Vector WorkSafe Services and Vector LiveSafe Services
This Section B. contains service specific terms and conditions that will apply only if You are purchasing Vector
WorkSafe Services or Vector LiveSafe Services (collectively “LiveSafe Services”) in Schedule A. Otherwise, the
following terms will not apply to You.
1. Authorized Users. Authorized Users (interchangeably may be referred to as “Named Users” means the employees,
contractors and/or consultants under Your control who You authorized to operate the LiveSafe Services .
2. Your Responsibilities. You shall: (i) not permit any person or entity, other than designated Authorized Users, to access
the LiveSafe Services; (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the LiveSafe
Services, (iii) provide prompt written notice of any unauthorized access or use; and (iv) instruct Authorized Users to
comply with all applicable terms of this Agreement.
3. Your Data. You agree that We may only use data collected, extracted or received through Your use of the Services
(“Your Data”) in an anonymized and aggregated manner (without specifically identifying You, Your users or Your
location(s)) for the sole purpose of reporting LiveSafe Services metrics, training and education about the LiveSafe
Services, and improving the LiveSafe Services (except as may be required by law, court order, or as needed to provide
the Services to You). Your Data shall not include any information collected, extracted, or received in response to the
WorkSafe Integrated Health Survey. Within thirty (30) business days following Your written request, and not more than
four (4) times per year or upon termination of this Agreement, We will provide to You a backup copy of Your Data in Our
possession.
C. Vector Evaluations+ Services.
This Section C. contains service specific terms and conditions that will apply only if You are purchasing Vector
Evaluations+ Software as a Service in Schedule A. Otherwise, the following terms will not apply to You.
1. Access and Use. We will provide You a nonexclusive, non-transferable, revocable authorization to remotely access
and use the Vector Evaluations+ Software as a Service: (i) on Our application server over the Internet, (ii) transmit data
related to Your use of the Service over the Internet, and (iii) download and use the Evals + mobile device application
software (referred to collectively as “Evals+ Services”). We will provide accounts for Your users on the application server
for storage of data and use of the Service. The number of Named Users, start of service, and duration, are as stated in
Schedule A.
2. If Your active user accounts exceed the number of Named Users during the term of this Agreement, You agree to pay
for the additional Users, based on the per User fees in Schedule A. Adjusted fees will apply beginning on the month the
number of Named Users are exceeded and will be prorated for the remainder of the current 12-month period. You agree
to pay for the number of Users using or authorized to access the Services in a given contract year.
3. Your Content. You will be the owner of all content created and posted by You. You will also be the owner of all content
created and posted by Us on Your behalf, including but not limited to evaluation forms added to the system as part of
support services We provide.
4. Third-Party Content. You are responsible for proper licensing of, and assuming liability for, copyrighted material which
You post on Our system, or is posted on the system by Us on Your behalf. This includes but is not limited to copyright
protected evaluation forms and other materials from third parties. If You upload third-party content to Our platform, such
third-party content providers are responsible for ensuring their content is accurate and compliant with national and
international laws.
5. Effect of Termination. You will have thirty (30) days after the effective date of termination or expiration of this
Agreement to export Your data using the software tools provided, or to request Your data from Us. Form data will be
available as exported comma separated variable (CSV) files and as PDF files. Uploaded data files will be available in
their original format. After the thirty (30) day period, We have no obligation to maintain or provide data and may
thereafter delete or destroy all copies of the Your data, unless legally prohibited.
D.Vector CheckIT™.
Customer Obligations. When purchasing Vector CheckIT™, You will identify stations, vehicles, drug safes, and other
service specific details, as may be applicable.
E. Vector LMS and Services which include access to the Shared Resource Feature.
If You choose to participate by uploading Your information to the shared resource sections of our website, You hereby
authorizes Us to share any intellectual property you own (“User Generated Content”) that Your Users upload to the
shared resources section of our website with our third-party customers and users that are unrelated to you (“Our Other
Customers”); provided that We must provide notice to Your users during the upload process that such User Generated
Content will be shared with Our Other Customers.
F. Casino Services.
When purchasing Casino Services, in addition to the Responsibilities and Restrictions in Section 2 of the General Terms
and Conditions above, the following shall apply to You:
You must request Our written approval for third party access to the Services or content. Your request for third-party
access shall include the third party’s names, company, and contact information. Upon Our request, You shall execute a
8
CITY OF EL MIRAGE
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JULY 01, 2023
GENERAL FUND
PERIODACTUAL
ENCUMBRANCE
YTD ACTUAL
TOTAL
BUDGET
UNEXPENDED
PCNT
FOR ADMINISTRATION USE ONLY
0 % OF THE FISCAL YEAR HAS ELAPSED
06/22/2023 02:31PM PAGE: 31
POLICE
POLICE
PERSONNEL SERVICES
111-5-2111-110
SALARIES AND WAGES
.00
.00
.00
.00
7,308,000.00
7,308,000.00
.0
111-5-2111-111
OVERTIME
.00
.00
.00
.00
600,000.00
600,000.00
.0
111-5-2111-112
HOLIDAY PAY
.00
.00
.00
.00
238,000.00
238,000.00
.0
111-5-2111-120
HEALTH-LIFE-DENTAL INSURANCE
.00
.00
.00
.00
1,085,000.00
1,085,000.00
.0
111-5-2111-121
CANCER INSURANCE
.00
.00
.00
.00
5,000.00
5,000.00
.0
111-5-2111-130
SOCIAL SECURITY CONTRIBUTION
.00
.00
.00
.00
502,000.00
502,000.00
.0
111-5-2111-131
MEDICARE CONTRIBUTION
.00
.00
.00
.00
119,000.00
119,000.00
.0
111-5-2111-132
ASRS CONTRIBUTION
.00
.00
.00
.00
245,000.00
245,000.00
.0
111-5-2111-133
PUBLIC SAFTEY CONTRIBUTION
.00
.00
.00
.00
2,047,000.00
2,047,000.00
.0
111-5-2111-134
DEFERRED COMPENSATION
.00
.00
.00
.00
62,000.00
62,000.00
.0
111-5-2111-140
WORKERS COMPENSATION
.00
.00
.00
.00
282,000.00
282,000.00
.0
111-5-2111-141
UNEMPLOYMENT INSURANCE
.00
.00
.00
.00
25,000.00
25,000.00
.0
111-5-2111-199
LABOR DISTRIBUTION
.00
.00
.00
.00
( 2,164,000.00)
( 2,164,000.00)
.0
TOTAL PERSONNEL SERVICES
.00
.00
.00
.00
10,354,000.00
10,354,000.00
.0
MATERIAL & SUPPLIES
111-5-2111-211
FUEL AND LUBRICANTS
.00
.00
.00
.00
173,500.00
173,500.00
.0
111-5-2111-215
AMMUNITION/GUNS & SUPPLIES
.00
.00
.00
.00
30,000.00
30,000.00
.0
111-5-2111-216
K9 EXPENSES
.00
.00
.00
.00
23,000.00
23,000.00
.0
111-5-2111-230
OFFICE SUPPLIES
.00
.00
.00
.00
7,000.00
7,000.00
.0
111-5-2111-232
COMPUTER/PRINTER SUPPLIES
.00
.00
.00
.00
10,000.00
10,000.00
.0
111-5-2111-233
UNIFORMS
.00
.00
.00
.00
95,000.00
95,000.00
.0
111-5-2111-237
EQUIPMENT/FURNITURE PURCHASE
.00
.00
.00
.00
25,000.00
25,000.00
.0
111-5-2111-240
PUBLIC EDUCATION
.00
.00
.00
.00
15,000.00
15,000.00
.0
111-5-2111-248
SOFTWARE PURCHASE
.00
.00
.00
.00
2,000.00
2,000.00
.0
111-5-2111-249
OPERATING MATERIAL & SUPPLIES
.00
.00
.00
.00
15,000.00
15,000.00
.0
111-5-2111-252
COMM EQUIP MAINTENANCE/REPAIRS
.00
.00
.00
.00
2,000.00
2,000.00
.0
111-5-2111-253
VEHICLE MAINTENANCE/REPAIRS
.00
.00
.00
.00
110,000.00
110,000.00
.0
111-5-2111-254
COPIER USAGE/SUPPLIES/MAINT
.00
.00
.00
.00
2,500.00
2,500.00
.0
111-5-2111-263
DATA INFRASTRUCTURE SERVICES
.00
.00
.00
.00
80,000.00
80,000.00
.0
111-5-2111-265
SOFTWARE MAINT CONTRACT
.00
.00
.00
.00
292,000.00
292,000.00
.0
CITY OF EL MIRAGE
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JULY 01, 2023
GENERAL FUND
PERIODACTUAL
ENCUMBRANCE
YTD ACTUAL
TOTAL
BUDGET
UNEXPENDED
PCNT
FOR ADMINISTRATION USE ONLY
0 % OF THE FISCAL YEAR HAS ELAPSED
06/22/2023 02:31PM PAGE: 32
TOTAL MATERIAL & SUPPLIES
.00
.00
.00
.00
882,000.00
882,000.00
.0
ADMINISTRATIVE SERVICES
111-5-2111-313
CONTRACTED SERVICES
.00
.00
.00
.00
14,000.00
14,000.00
.0
111-5-2111-322
ANIMAL CONTROL
.00
.00
.00
.00
117,500.00
117,500.00
.0
111-5-2111-328
EQUIPMENT RENT/LEASES
.00
.00
.00
.00
2,000.00
2,000.00
.0
111-5-2111-349
OTHER OUTSIDE SERVICES
.00
.00
.00
.00
19,000.00
19,000.00
.0
111-5-2111-350
TRAVEL AND PER DIEM
.00
.00
.00
.00
39,000.00
39,000.00
.0
111-5-2111-351
CONFERENCE,SEMINARS & TRAINING
.00
.00
.00
.00
30,000.00
30,000.00
.0
111-5-2111-357
DISPATCH SERVICES
.00
.00
.00
.00
1,176,500.00
1,176,500.00
.0
111-5-2111-360
PRINTING COST
.00
.00
.00
.00
8,000.00
8,000.00
.0
111-5-2111-361
PUBLISHING/ADVERTISEMENT COST
.00
.00
.00
.00
500.00
500.00
.0
111-5-2111-362
MAILING COST
.00
.00
.00
.00
5,500.00
5,500.00
.0
111-5-2111-370
DUES-MEMBERSHIPS-FEES
.00
.00
.00
.00
7,500.00
7,500.00
.0
111-5-2111-381
WIRELESS COMMUNICATIONS
.00
.00
.00
.00
67,000.00
67,000.00
.0
TOTAL ADMINISTRATIVE SERVICES
.00
.00
.00
.00
1,486,500.00
1,486,500.00
.0
SPECIAL PROJECTS
111-5-2111-410
SPECIAL EVENTS
.00
.00
.00
.00
3,000.00
3,000.00
.0
111-5-2111-418
SPECIAL PROJECTS
.00
.00
.00
.00
443,500.00
443,500.00
.0
111-5-2111-444
VOLUNTEER PROGRAM
.00
.00
.00
.00
50,000.00
50,000.00
.0
111-5-2111-445
EXPLORER PROGRAM
.00
.00
.00
.00
10,000.00
10,000.00
.0
TOTAL SPECIAL PROJECTS
.00
.00
.00
.00
506,500.00
506,500.00
.0
CAPITAL OUTLAY/PROJECTS
111-5-2111-617
CAPITAL EQUIPMENT PURCHASE
.00
.00
.00
.00
335,500.00
335,500.00
.0
111-5-2111-650
VEHICLES
.00
.00
.00
.00
826,500.00
826,500.00
.0
111-5-2111-656
BUILDINGS AND IMPROVEMENTS
.00
.00
.00
.00
515,000.00
515,000.00
.0
TOTAL CAPITAL OUTLAY/PROJECTS
.00
.00
.00
.00
1,677,000.00
1,677,000.00
.0
CITY OF EL MIRAGE
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JULY 01, 2023
GENERAL FUND
PERIODACTUAL
ENCUMBRANCE
YTD ACTUAL
TOTAL
BUDGET
UNEXPENDED
PCNT
FOR ADMINISTRATION USE ONLY
0 % OF THE FISCAL YEAR HAS ELAPSED
06/22/2023 02:31PM PAGE: 33
TOTAL POLICE
.00
.00
.00
.00
14,906,000.00
14,906,000.00
.0
TOTAL POLICE
.00
.00
.00
.00
14,906,000.00
14,906,000.00
.0
CITY OF EL MIRAGE
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JULY 01, 2023
POLICE TOWING FUND
PERIODACTUAL
ENCUMBRANCE
YTD ACTUAL
TOTAL
BUDGET
UNEXPENDED
PCNT
FOR ADMINISTRATION USE ONLY
0 % OF THE FISCAL YEAR HAS ELAPSED
06/22/2023 02:31PM PAGE: 40
POLICE
POLICE
PERSONNEL SERVICES
128-5-2111-199
LABOR DISTRIBUTION
.00
.00
.00
.00
34,000.00
34,000.00
.0
TOTAL PERSONNEL SERVICES
.00
.00
.00
.00
34,000.00
34,000.00
.0
MATERIAL & SUPPLIES
128-5-2111-212
MEDICAL EQUIPMENT/SUPPLIES
.00
.00
.00
.00
10,000.00
10,000.00
.0
TOTAL MATERIAL & SUPPLIES
.00
.00
.00
.00
10,000.00
10,000.00
.0
ADMINISTRATIVE SERVICES
128-5-2111-370
DUES-MEMBERSHIPS-FEES
.00
.00
.00
.00
11,500.00
11,500.00
.0
TOTAL ADMINISTRATIVE SERVICES
.00
.00
.00
.00
11,500.00
11,500.00
.0
TOTAL POLICE
.00
.00
.00
.00
55,500.00
55,500.00
.0
TOTAL POLICE
.00
.00
.00
.00
55,500.00
55,500.00
.0
TOTAL FUND EXPENDITURES
.00
.00
.00
.00
55,500.00
55,500.00
.0
CITY OF EL MIRAGE
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JULY 01, 2023
GRANTS/CONTRIBUTIONS
PERIODACTUAL
ENCUMBRANCE
YTD ACTUAL
TOTAL
BUDGET
UNEXPENDED
PCNT
FOR ADMINISTRATION USE ONLY
0 % OF THE FISCAL YEAR HAS ELAPSED
06/22/2023 02:32PM PAGE: 46
POLICE
POLICE
PERSONNEL SERVICES
147-5-2111-199
LABOR DISTRIBUTION
.00
.00
.00
.00
1,200,000.00
1,200,000.00
.0
TOTAL PERSONNEL SERVICES
.00
.00
.00
.00
1,200,000.00
1,200,000.00
.0
TOTAL POLICE
.00
.00
.00
.00
1,200,000.00
1,200,000.00
.0
TOTAL POLICE
.00
.00
.00
.00
1,200,000.00
1,200,000.00
.0
CITY OF EL MIRAGE
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 1 MONTHS ENDING JULY 01, 2023
PUBLIC SAFETY GRANTS/CONTRIB
PERIODACTUAL
ENCUMBRANCE
YTD ACTUAL
TOTAL
BUDGET
UNEXPENDED
PCNT
FOR ADMINISTRATION USE ONLY
0 % OF THE FISCAL YEAR HAS ELAPSED
06/22/2023 02:32PM PAGE: 51
POLICE
POLICE
PERSONNEL SERVICES
149-5-2111-199
LABOR DISTRIBUTION
.00
.00
.00
.00
918,500.00
918,500.00
.0
TOTAL PERSONNEL SERVICES
.00
.00
.00
.00
918,500.00
918,500.00
.0
MATERIAL & SUPPLIES
149-5-2111-216
K9 EXPENSES
.00
.00
.00
.00
1,000.00
1,000.00
.0
149-5-2111-237
EQUIPMENT/FURNITURE PURCHASE
.00
.00
.00
.00
80,000.00
80,000.00
.0
149-5-2111-249
OPERATING MATERIAL & SUPPLIES
.00
.00
.00
.00
3,500.00
3,500.00
.0
TOTAL MATERIAL & SUPPLIES
.00
.00
.00
.00
84,500.00
84,500.00
.0
ADMINISTRATIVE SERVICES
149-5-2111-349
OTHER OUTSIDE SERVICES
.00
.00
.00
.00
124,000.00
124,000.00
.0
TOTAL ADMINISTRATIVE SERVICES
.00
.00
.00
.00
124,000.00
124,000.00
.0
SPECIAL PROJECTS
149-5-2111-477
POLICE DONATION EXPENSES
.00
.00
.00
.00
11,000.00
11,000.00
.0
TOTAL SPECIAL PROJECTS
.00
.00
.00
.00
11,000.00
11,000.00
.0
TOTAL POLICE
.00
.00
.00
.00
1,138,000.00
1,138,000.00
.0
TOTAL POLICE
.00
.00
.00
.00
1,138,000.00
1,138,000.00
.0
Proposal &
Agreement For
El Mirage Police
Department
Cloud Hosted Scheduling and
Workforce Management
Prepared by:
Ian Komnenic
Account Executive
778-655-6499
ikomnenic@intimesoft.com
Date Issued:
06/26/2023
Proposal & Agreement For El Mirage Police Department
Confidential Document – Do Not Distribute without Permission
1.877.603.2830 | intime.com
About InTime
InTime is the leading provider of Scheduling and Workforce
Management software that’s purpose-built for public safety
agencies. InTime’s product offering has been refined through 25 years
of experience and in-house development and proven to meet the
needs of over 500 agencies, who trust InTime in helping them work
more efficiently, spend smarter, reduce risks and better engage their
teams.
In addition to providing the most robust product offering, InTime
brings implementation expertise ensuring rapid time-to-value,
effective training, world class customer support, and public safety
workforce management thought leadership. Additionally, hundreds of
members of InTime’s customer community share their experiences
and learn from each other at InTime University, InTime’s annual user
conference.
Proposal & Agreement For El Mirage Police Department
Confidential Document – Do Not Distribute without Permission
1.877.603.2830 | intime.com
InTime Workforce Management Platform
InTime understands the unique workforce management needs of the
various roles within a public safety agency and has optimized the
software accordingly. This includes insightful analysis and reporting
for Command, an efficient suite of scheduling and related tools to
ensure Operations is highly effective, accurate and efficient, and an
easy to use online and mobile experience for Staff to have instant
visibility of, and the ability to request changes to, their individual
schedules
Workforce
Management Platform
Scheduling
Timekeeping
Shift
Bidding
Overtime
Management
Leave
Management
Training &
Certifications
Court &
Subpoena
Operations
Efficient Scheduling
Automated Timesheets
Equitable Shift Posting
Minimum Staffing
Manage Approvals
Special Events
Command
Data-driven Decisions
Reduce Labor Complaints
Overtime Cost
Management
Employee Fatigue
Risk Mitigation
Accountability
Staff
Mobile App Access
Real-time Schedule
Timesheets Submission
Overtime Sign-Up
Push Notifications
Leave & Swap Requests
Proposal & Agreement For El Mirage Police Department
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Making Better Agencies
InTime customers have experienced significant returns on their
investment in the forms of reduced costs and risk, while improving
efficiencies, better ensuring compliance and enhancing agency-wide
communication.
46%
100%
90%
50%
Reduction in
court-related
Overtime across
23 member agencies
Visibility of schedule
history, changes and
reasons
Reduction in time
spent managing
Overtime
Reduction in
Overtime costs
Integrated Law
& Justice for
Orange County
North Dakota DOC
Winnebago
County Sheriff
Azusa Police
Department
"Now, I might send out 20 [shifts] on a Thursday and by Thursday night, have those 20 shifts
signed up for, within 10-15 minutes.”
– Lieutenant, South San Francisco Police Department
“Using InTime to manage Secondary Duty, I am able to have full accountability for all my
officers and offer better customer service to clients requesting off duty.”
– Chief, Bluffton Police Department
“Before, I had 3 or 4 different sheets that I had to update to keep everything accurate. Now,
everything is in one place and it’s easy to transfer officers from one shift to another. It’s beyond
belief how much time and money is saved.”
– Lieutenant, Toledo Police Department
Proposal & Agreement For El Mirage Police Department
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Your Stated Objectives
Through discussions with your agency, we understand the
following to be El Mirage PD’s primary objectives as they relate to
making improvements for the agency, through the implementation of
an advanced workforce management platform purpose-built for
public safety.
Spend Smarter
• Improve overtime management and reduce overtime expenditures
• Gain greater visibility to overtime expenditures by type, reason or
approver to identify inefficiencies and opportunities to reduce
costs.
• Identify reimbursement cost recovery opportunities through
granular reporting, by the hour, related to FEMA or other grants.
• Reduce labor complaints and the time and cost associated with
defending them, through an automated audit trail of all scheduling
activities including who was selected for overtime shifts and why.
• Enabling the entire scheduling function, including creation and
modifications to be completed in a fraction of the time, while also
notifying all affected employees through real time push
notifications.
• Quickly identifying eligible employees for open shifts, saving time
and preventing scheduling of non-eligible staff.
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Work More Efficiently
• Post, find, and fill shifts significantly faster, more accurately, and in
an equitable manner.
• Enable real time visibility of shift vacancies weeks or a month in
advance, for better informed planning and decision making.
• Ensuring more efficient and accurate scheduling to prevent errors
and wasted employee time.
• Facilitating data-driven decision making ensuring schedule
approvals and posting of overtime falls within budget constraints.
• Automated completion of timesheets to ensure greater accuracy
(no redundant data entry) and significant time savings for all staff.
Reduce Risk
• Automated audit trail of all scheduling activities to support audits,
complaints or labor disputes.
• Automation of timesheets to reduce likelihood of non-compliant
timesheet processes
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Engage Your Team
• Improved communication across the organization with scheduling
notifications via a rich mobile experience (mobile optimized web
browser, or iOS and Android App)
• Instant visibility to available Overtime postings
• Staff can quickly make requests for leave or shift trades and
receive approvals via mobile alerts or email
• Supervisors can facilitate request approvals/rejections via web
including smartphone
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Proposed Solution Components
Scheduling via Software-as-a-Services (SaaS) is the core of the
proposed solution to address your agency’s primary objectives, but
there is far more to agency success that just signing up to use a
scheduling software service. The following outlines the proposed
solution components, that collectively, provide a holistic approach to
successfully addressing your agency’s objectives.
Software-as-a-Service (SaaS)
InTime is provided via an annual subscription model and hosted on
Amazon Web Services (AWS).
Public Safety agencies have many complex processes related to
scheduling and timekeeping. InTime, through providing solutions for
hundreds of public safety agencies for 25 years, has seen just about
every unique scheduling process. With this knowledge, InTime
continuously enhances the software to be the most robust and
efficient on the market. While many entry-level products struggle to
adapt to complex public safety agency processes, it is InTime that
provides the robust software offering that just works.
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InTime Architecture
InTime is cloud hosted and provides the primary software
capabilities, security, administration, and data storage. InTime is
hosted on Amazon Web Services (AWS) in a Multi-Availability Zone
deployment that synchronously replicates the data to a standby
instance in a different Availability Zone, and provides the premium
standard for reliability and security.
InTime is accessed via the following tools, all of which are included
with the InTime subscription.
InTime Desktop
A robust client easily installed on the computers of the schedulers or
others in management, that provides secure access to the core
product for scheduling and related capabilities, administration, and
reporting.
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InTime Mobile
Available for both Android and iOS, a rich Mobile App for staff to:
• view individual and team schedules
• sign up for shifts, overtime and extra-duty
• submit leave requests
• request shift trades
• punch-in punch-out (geo-fenced)
• receive mobile alerts
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InTime Web
A mobile optimized web browser experience for use on computers,
tablets or smartphones, where staff can:
• view individual and team schedules
• sign up for shifts, overtime and extra-duty
• submit leave requests
• request shift trades
• And supervisors can approve/reject requests
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Cloud Security, Privacy and Availability
InTime leads the public safety workforce management provider
sector with the highest levels and of privacy and data protection.
All InTime customer data is hosted by Amazon Web Services (AWS)
in secure data centers designed to host sensitive data, regulate
workloads, and address the most stringent government security and
compliance requirements. InTime secures customer data in AWS-
hosted geographically dispersed data centers with disaster-recovery
systems in place.
In addition to the layers of security within AWS, InTime itself is
SOC 2 Type 2 compliant across all 5 Trust Criteria, which is unique
in the public sector scheduling market, and demonstrates that InTime
(both the company and the offering) provides the highest level
standards for security, privacy and internal controls.
Read more:
“Why take the risk of choosing a different vendor that hasn’t achieved
the highest level of accreditation for security, privacy and
availability?”
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Software Modules and Relates Services
Scheduling System
The Scheduling System is the foundation of InTime and can be
complemented with any or all of InTime’s optional integrated
modules to provide a complete solution to meet your organization’s
objectives.
Public safety agencies have many complex processes related to
scheduling.
InTime’s Scheduling system has been enhanced over 25 years to
provide most robust offering on the market that addresses most
every unique process for public safety scheduling.
While many entry-level products struggle to adapt to complex public
safety agency processes, it is InTime’s Scheduling offering that just
works.
Learn more here
Attributes Include:
• Overtime tracking, posting and reporting
• Minimum staffing indicator
• Email notifications
• Integrated special duty assignments
• Integrated training assignments
• Customizable daily rosters
• Comprehensive employee profile
• Skills and attribute tracking
• Employee Staff filters
• Over 100 standard and highly configurable reports
• History tracking
• Supervisor leave approvals
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Proposal & Agreement For El Mirage Police Department
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Timekeeping Module
With scheduling at the core, all your employee data, complex pay
rules, and overtime information are built into your schedule and
pushed automatically to Timekeeping . Employees can submit
overtime and activity slips for approval.
Learn more here
Attributes Include:
• Timesheets populated automatically from Schedule
• Electronic overtime requests
• Employee timesheet verification
• Supervisor activity and timesheet approvals (up to 3 levels)
• Generic .CSV Payroll Export
• Payroll specific timecard reports
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Professional Services
Implementation Services
InTime’s Implementation Services team is led by former public safety
officials who are experts in the nuances of complex scheduling,
timekeeping and change management. Using a proven framework for
organizational success, the Implementation Services team lead new
InTime customers through the steps to ensure the software is
configured to address your processes and objectives. The
implementation process includes the customer assuming some of the
tasks, and in doing so helps the customer develop a body of product
knowledge that is beneficial for on-going product usage.
Implementation services are delivered remotely via Zoom or other
web meeting tools.
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Implementation Deliverables for Scheduling
• InTime Project Management throughout set-up process
• Preliminary Setup for the Customer Project Team system access
• Importing your Employee Profile Data into InTime
• Setting up your Leave Types and Ranks in InTime
o Setting up an Email Server Account for Notifications from the
system to your employees
• Setting up an SMS Account, if required, for text notifications
o Coaching and directing Customer Project Team through the
following Setup Tasks:
• Setting up Fatigue Rules
• Defining rules for when shifts overlap
• Set up any applicable FLSA overtime rules for each Work Group
• Building a Unit Structure to mirror the Customer’s Organizational
setup
• Configuring Employee Attributes that define employee skills,
abilities, certifications, restrictions, and training
• Completing the Employee Profile setup:
o Assigning the previously defined Employee Attributes to
individual employees
o Assigning ranks to individual employees
o Assigning employees to their specific Work Unit and Work
Group
• Entering all Shifts and Activities for every Work Unit
• Entering all Internal and External Locations where
employees work
• Connecting the applicable Shifts and Activities to the Locations
• Entering custom data fields to allow for tracking and reporting of
tagging information in those custom data fields
• Defining all of the reason’s employee work overtime
• Defining any Differential Pays employees receive
• Defining any situations where employees are unpaid
• Defining any situations where employees are paid on a standby
basis
• Entering the names of all Customers (entities that hire your
employees or use your employees outside normal assignments)
• Setting up Employee Filters that allow you to define sub-sets of
employees based on Work Unit, Rank, and/or Attributes
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• Setting up required Coverage Levels for various Work Units
(minimum staffing levels)
• Defining the reasons for rejecting Leave Requests, declining
assigned Overtime, and for cancelling assignments
• Setting up the rules to sort-order and organize a list of employees
to assist in the equitable distribution of voluntary and mandatory
overtime assignments
• Setting up all of the scheduling shift patterns worked in the
organization (days on and days off with properly assigned shifts
and locations)
• Assigning the defined shift patterns to every Employee
• Loading the Master Template Schedule into the Work Schedule
• Marking up the Work Schedule with rulers to define pay periods
and highlight holidays or any special day on the calendar
• Setting up required staffing positions at locations, whether regular
duty posts or extra duty assignments
• Setting up automatic Notifications to an employees for specific
scheduling tasks, such as approving or rejecting requests
• Setting up reminders and allowing employees to acknowledge
those reminders; along with additional notifications when
reminders are ignored.
• Setting up Time Bank Accruals in InTime to mirror the master Time
Bank Accrual setup in a payroll system
• Setting up Roles for the Schedulers that define their specific
permissions as to what they can see and what they can edit
• Building custom Daily Roster Reports that populate data from a
single day showing who is working and where, as well as those on
Leave
• Activating InTime Web and InTime Mobile and defining rules for
what data is available in those environments
• Configuring a training environment to allow users to train on using
the system without affecting the production schedule
• Explaining how to close and lock down the schedule to changes
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Implementation Deliverables for
Timekeeping Module
• Coaching and directing Customer Project Team through the
following Setup Tasks:
o Entering Codes & Reference Values for:
Leave Types
Activities & Shifts
Work Locations
Work Units
Overtime Reasons
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InTime Scheduler Training Course
InTime’s training experts deliver training with the agency’s unique
processes and goals in mind. As opposed to a fictitious “canned”
training environment, InTime’s customers are trained in their own
InTime system that has already been tailored for their unique
processes. Training is delivered remotely (web meeting). On-site
training may be available for additional fees. InTime also provides a
suite of online training refresher videos with step-by-step instructions
for no additional fees.
All Training Courses have a maximum class size of 10 staff.
Scheduler Training Course Deliverables:
• Training conducted in the customer’s InTime Training Branch that
has been tailored for the customer during the implementation
process, to ensure an effective and pertinent training environment
• Train Schedulers on use of InTime from Employee perspective:
o Accessing InTime Web and InTime Mobile for:
Viewing Schedules
Submitting Requests (Timesheet, Activity, Leave, Trades)
Overtime Assignment Sign-up
Profile Display
Preferences & Availability
• Train Schedulers on use of InTime from Scheduler perspective:
o Accessing the InTime Desktop for:
Viewing the Work Schedule (multiple options)
• Daily, one week, two weeks, three weeks, four weeks,
one month
• Unit View, Employee View, Location View, Activity
View, Agent Views
• Filtering for any sub-set of employees, locations, or
activities
Editing the Work Schedule
• Making Assignments
• Clearing Assignments
• Creating Tasks
• Setting up Reminders
• Assigning & Clearing Leave
• Assigning & Tracking Overtime
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• Scheduling sub-assignments (assignments within an
assignment)
Viewing and editing Employee Profile data
Sending Notifications via SMS or Email to any sub-set of
employees
Reporting capabilities for Employees, Schedules,
Attendance, Payroll, Billing, Notifications, Assets, Training,
Licensing, SMS Usage, User Logins, Web Services, and
Timekeeping Exporting
Tagging Assignment with Tracking information for
reporting
Assigning Assets on a per-assignment basis
Using the History feature (complete audit trail for
scheduling changes)
Posting available overtime assignments to the Web portal
and Mobile Apps to specific employee groups qualified
to work the assignment
Filling assignments and overtime (voluntary & mandatory)
using Find List Organizers and Calculators configured to
your policies
Approving or rejecting incoming employee requests:
• Leave Requests
• Activity Requests
• Court Requests
• Timesheet Requests
• Shift Trade Requests
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InTime Additional Module
Training Course Deliverables
In addition to the training referenced above, your schedulers and
administrators will receive additional training to learn how to best
utilize the following integrated module(s), upon completion of the
InTime Scheduler Training Course:
Timekeeping Module
• Submitting Activity Requests via the InTime Web or Mobile Apps
• Approving and Rejecting Activity Requests in the Work Schedule
• Submitting Timesheets via the InTime Web or Mobile Apps
• Checking Timesheets for Conflicts (Timesheet and schedule not in
sync)
• Generating Timesheet Reports
• Approving and Rejecting Timesheets in the Work Schedule
• Dealing with Activity Requests that reduce the assignment period
• Generating Time Card Reports
• Generating Timekeeping CSV Export Reports
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Customer Support
Invariably, customer organizations will need a helping hand or expert
insights in solving complex challenges with their scheduling and
timekeeping. InTime’s Customer Support team is trained to guide our
customers to use the software in the best way to address their
challenges.
Customers also automatically have access to software updates as
they are released.
Attributes include:
• Unlimited Help Desk Support during business hours
• 24/7 critical support
• Online InTime Knowledge Hub
• Online “refresher” video library available 24/7
• Automatic software updates including written and video
instructions for new features
“The responsiveness, the thoroughness, the explanations, and the
care…InTime’s Support is phenomenal. I don’t believe you’ll find
any comparison between the customer support; that’s really what
makes the software that much more magnificent”. Lt. Michael
Howard (Novato Police Department)
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InTime University (Annual User Conference)
We invest in your success with InTime University.
Once a year, InTime invites all its customers to a three-day user
conference event at a major USA city. The agenda includes product
training sessions, customers sharing their case study stories, public
safety industry speakers, and an opportunity to network with like-
minded public safety officials to exchange experiences and ideas.
There’s only one catch - all attendees need to be
InTime customers.
InTime makes a significant investment in this event to help keep
customer registration fees affordable.
We look forward to hosting you at the next conference.
Listen to what attendees say
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InTime Solution Pricing
Annual Subscription For: 64 Employees
SCHEDULING MODULE ($72/emp/year)
$4,608/Year
TIMEKEEPING MODULE ($36/emp/year)
$2,304 /Year
CUSTOMER SUPPORT AND MAINTENANCE
Included
SECURE HOSTING
• Top tier cloud service provider
• Automatic failover
• Real time data redundancy
$1,800/Year
REMOTE PROFESSIONAL SERVICES
Implementation Services for modules listed above
1 Training Course for Schedulers for the services and modules listed above.
All Training Courses have a maximum class size of 10 staff.
$5,500
(one time fee)
First Year Fees:
$14,212
Subsequent Annual Fees:
$8,712
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Notes
1. All prices are in US Dollars.
2. This proposal is valid for 30 days.
3. Fees are exclusive of any and all applicable taxes and duties, including withholding taxes.
4. Payment for the subscription fee and for professional services (if any) are net thirty (30) days from date
of invoice.
5. InTime’s Terms and Conditions are attached to this proposal.
6. Invoicing schedule is per the following:
Subscription Fee: Upon contract signing and annually on contract date anniversary
Services and Training: On contract date
Acceptance of Terms
To indicate acceptance of the terms of this proposal, either issue InTime a purchase order referencing this
proposal for the amounts indicated or sign the document on the spaces indicated below.
Both parties have read and agreed to the terms and conditions of this proposal:
Customer Organization
Name
Authorized Signature
Date
InTime Services Inc.
Vendor Name
Authorized Signature
Date
From:
Jimmy R. Chavez
To:
Amy Bytnar
Subject:
FW: Thank you - PlanIt/PowerTime - ElMirage Police Department (AZ)
Date:
Thursday, July 6, 2023 1:31:54 PM
Attachments:
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Amy,
Here is another quote for scheduling software.
Jimmy Chavez - Lieutenant
El Mirage Police Department
12401 W Cinnabar Avenue, El Mirage, AZ 85335
P: 623-500-3064 | M: 623-694-2192 | E: jchavez@elmirageaz.gov
From: Molly Baughman <mbaughman@neogov.net>
Sent: Thursday, July 6, 2023 1:30 PM
To: Jimmy R. Chavez <jchavez@elmirageaz.gov>
Subject: Thank you - PlanIt/PowerTime - ElMirage Police Department (AZ)
NkdkJdXPPEBannerStart
External Sender - From: (Molly Baughman
<mbaughman@neogov.net>)
This message came from outside your organization.
NkdkJdXPPEBannerEnd
Lieutenant Chavez,
Thank you for taking the time to sit in on my demonstration of PlanIt/PowerTime! I
hope that you found it informative and were able to see the value, efficiency and time
savings that it can bring to your organization.
Based on your department size of 64 the system would cost $3,234 annually with a
one-time $2,300 fee for setup.
I also wanted to make sure that you had access to the demo we just had. You can
access it from the link below:
https://us-25581.app.gong.io/e/c-share/?tkn=1xci4zt9kurtqg01aux5zlhb9
Here are also some departments in AZ that I mentioned using our scheduling system
and their size.
St. Johns Police Department - 10
Bullhead City Police Department - 115
Snowflake-Taylor Police Department - 21
Chino Valley Police Department - 40
Please do not hesitate to reach out if you have any other questions!
Best,
Molly
Molly Baughman
Inbound Associate Sales Representative
(689) 210-3898
powerdms.com
mbaughman@neogov.net
www.linkedin.com/company/powerdms/